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LUA01-009_Report 1
Mr. Jack Leveque 4807 NE 18'" Place #B Renton WA 98059 • E. Paul & Roberta Crinzi 4720 NE 18'" Place #B Renton WA 98059 Ms. Jackie Ianniello ( ~ NE 181" Place #A Renton WA 98059 \i+1,·, Mr. George Chvoj 4800 NE 181" Place #A Renton WA 98059 Dennis L. Owens 4714 NE 181 " Place #B Renton, WA 98059 • Ethan & Joan Bowen 4708 NE 181 " Pl. #B Renton WA 98059 Ms. Jan Simmons 4719 NE 18th Pl. #A Renton WA 98059 Tak Luk 4714 NE 181 " Place #A Renton Wa 98059 Tim & Jean Fountain 4725 NE 181 " Place #A Renton WA 98059 Reynold Bourquin 4810 NE 18'" Place #A Renton, WA 98059 • Mr. Paul Zieske Parkway Townhomes Home Owners 4800 NE 181 " Place #B Renton WA 98059 Ron & Marybeth Torgerson 4719 NE 18'" Place #B Renton WA 98059 Roman & Tanya Peck 4708 NE 18th Place #A Renton Wa 98059 Marylyn Forester 4806 B NE 181" Place Renton, WA 98059 '7 m ,, ' rn () 1 0 0 :u " "' ; ,J D C ~ 0 t ,, i' ,, . 1H ft .. ~ ~ ! !! : -~ p I i ii ' , "I I ! i f ',·,1 : '•hi .,.,,, ., . {'! ~ i,~~f :~~ !; ~~ .~~~ ! 11:11 i,i :, ., l1i• 1 j~~~! 1}~ :i ~! r:~~! ! ! , 1!11 ~ ~~ "f / j 1!hl 1ij !i1 '! h; I I' I•, 1• ' i'! I ii 1,,~ ;§ ~~ "~ ; r I~ Ji ~Q ' ! I• ;, I· ' ' ,! I ! I .. , j!H, ,•!! "1!! ~~, i11 1! ~! ,'. ;~ ,i r ii ii Ii Ii 11 , 11 ~~.,;~ nm ·11·! I . 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'" J \ ... ~,.i,·.:::.,.,:;· j ' \ ~ ' tilllr-c , "1 --·'?:'!->, _. ~-:,_~~-._ -:-t'..,f'I::\ 'f'; :~" '·:4-[~·1-, · __ --~ ,--2-·_-____ --.--_ ... ·---._ . La ,-~ · ~--f. --\\_JI ---i !--· --! -, ! --' ' l / --!!----1.:" ---I r-----------j -·j-I ' 'J l ' ', • ----. • I ~ IL-c ___j( " ----1, ,d-. ' ,_---. l f i ~-----4 : --.--\. /, ,-.. -1 ' ' . ' ~ ,' 1·i '·:~ t:J ,-----;--,o • l ' -,-: . ~ ':' , ·•·'· -, . ~,g.:. r::::, I '"" -I -- : ' :, ·~ i .. , I ' ,"• .I - : __ . : _[WI 1_ ( ._'; I '--, • i'·--·/ i -1 · i i' -, :·C •., :-I ~-f -~-, •------· -f ,- ~(~ 1 --------I ,----;-;-!-]--------------- 0 t, • f ! i BALES COMMERCIAL CENTER i ! ,. O I DUVALL AVE. NE. & NE. 17TH PL. I •• , ~: RENTON, WASHINGTON !VARY & ASSOCIATES l ' I -"--1-/e V . I 0 •: . '" ' ' ! ,,,, 111, ' I' 'I <1 \1 i, : ' ·, __ • e .-,.t:.::..-~ .. 6 ,, ' C· --zr r' : n : 1 I • -", 1 ' ' ---l ,. z.> 1, / I I -... "\ :;ll: ~; --i __ ' I ,·/1 -• • --' . ,. 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" 0 <) I (> ,11 •T ," ' / \i1111 (,,/ ' i! -~/--.h-..:.,.-::; '.c' i ! •. (Jh; f:::fJ~-LLI ' -,, r" -,,, . 1, > ,' ··-----·--·-. -·-I i1 -----· 1 L,.. / '" ' " ., .~, ··-·~ ,-,..,. "-"'-'-' :;~ '. ~~ ' . ' -----\ -------- n E. DLIVAU. A VE. N.E, i '" '_ ""-"'-"'-''-~ - /' / . 0 C f 1-~ .. ~ t .f ¥ '& ' . ~, ___ J ---, -----· ·-------4---.... _____________ - ---__ -c:j----__ -___ -.------------ { / 10' S,_D-. EA.~EM~tJT I -• T:F-?~,B~7"'".-- ' ii~,; ~ § ~;:;o ~ "' ~ t.-... ' 0 "'l"I " • .... ~ "' Ii ' :, ,,, l:11 e , · ,'-" 1" ...... "' ,,;; I~ ~...j ~ ·f ;'i I i5 I ! , ' I ~ I I ' I ' I I I L -_r----------, : ~ } " -I ii~ ,.;, R~ > r O 5":1 i i :'" " .. ~ ; j. t:: . 8 I .; ~ :1 "' ~ J, "")., i co' ~ ;~1: (" ' -,., ~ : ~~j '-' "'l't' '1'"-' ' I I , e.12 tt. .;. I I I [h0 1 l! ' ~ ~ u BALES COMMERCIAL CENTER IVARY & ASS OCIATES fl ! ; DUVALL AVE. NE. & NE. 17TH PL !! ' -~ RENTON, WASHINGTON -'"'-·"-·" '".,;: ' ' -- J_ e EDf Hlfil ltTI Ii "'~ : 11 HIH Mb]p(C( :1 0 ~ wffil b 11 -. .. ,;;; 1 D rn -I II "---.=al ~~ ·-·· ' ,I . 1li RI~ ~FlillL ~.i h i ' I ;, (;~ {~) 0.:> e, ~,) D I I I ., &~ l 0 . 0 I . . 0 . 0 -· ") ;: ~~ " I t--t1 --FF""'li 1 H ~~-§~ ~~j-0 0 ' ' ;, ti 1--= J _ _e, ___ _J_ "-' ~ ----___ , ..... _ -----,, -__ ,.. .... ___ -------.,f ~ I 0 ~ DUE i LJ LJ I I .,_..,..,, r,rn I IL, • . . LJ . ·-··-· --If (CJ -·--J i -~- " . ' (~-, ; ; tj .,§ooj•,l / .,-... , ------------ 1! i I H BALES COMMERCIAL c~~;;; ----;-v~;Y & ASSOCIATES -'-~---,. ! ! j ~ ~ DUVALL AVE. NE. & NE. 17TH PL. · '; 'I' ' , -i RENTON, WASHINGTON --··-.. ,..~= .. ••• ,1, ! · ~ ~ ' .. ~~ :, ., ' I 1' ~ 1 ,, ! 11 <~ h'/ "!ty ,. ..... ,'1 I i . l : . :.--,?-_I l/ t , ~ -, ' T-"~,-:1, ? ' '1 ~t :1•· "l : :'It' / : ! ~~~~-c:::c_~_:_ _ _l i . I ' !j h --' il ' I r\ ' '·' I f----~-----________ _.i:~--(+-_~,-~-.i:4~~-L:.~. ~~. :: :· __ -~::iJ" I • I lli q,. J "' 'I' ,1 ,--, 'I . . . ,, I ' 'I IJT -;~ W i _ ! · r-.1 ~"~ i!l r 1 1 t ~,, ., iJ! 1111 1 ii '! I J 1~ ,c. , ! ,., , s I I r"l .lj I I i ' . 1 ---. t lii i~ h ~~ I !9!11 .:~ ~~ ~~ !~ !~ f l! ,, ,. h ~i ,i ';1,·1·~:.· ··i· . J i!. ·, ":~ . m' I· ; i I I !!; ! •. ~ ' ' • 1 ·'1 ·, 1i1Y i !, .,., e ~~ tdi I ~? " . I mtm g '! " . ; . I I BALES COMMERCIAL CENTER DUVALL AVE. NE. & NE. 17TH PL. RENTON, WASHINGTON ~Ii ~I • ' ' f ' ,, '" H I' .I 1 I '--. j:j rn Ill ; M 1n I I I ~ ~ I r1 i ' ' ! -__j__U__ lijt j ---e ;~~ ,,, j~~ )! I~ i ,~_/ ' ~ _}l • I' ,! ,, ~z. ('J ------a< ... f IVARY &. ASSOCIATES Jesse Tanner, Mayor August 22, 2001 Mr. Paul L. Zieske, President Parkway Townhomes Homeowners' Association 4800 'B' NE 18 1 " Place Renton, WA 98059 CITY -'F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Re: Access to Commercial Property at NE 18th Place and Duvall Avenue NE Dear Mr. Zieske This letter addresses questions you raised regarding the access to a commercial property located at the southeast comer of NE l 81 " Place and Duvall Avenue NE in Renton. You specifically inquired if the City of Renton Transportation Division had changed its earlier direchve that access to a commercial development at this comer must come from NE 18"' Place. Discussion of this matter with Mr. Nick Afzali, Director of the Transportation Division, and Kayren Kittrick, Plan Review Supervisor, has yielded the following information. Access to the property from NE 18 111 Place is still the preferred option due to the desire to reduce the need for a left-turn lane in Duvall Avenue NE. An entry to/from Duvall Avenue l\'E may be considered, however, if the applicant for a development project submits a left tum analysis for Duvall at that location and agrees to fund channelization to create a center turn lane if 1t is deemed necessary. Furthermore, it is the opinion of Mr. Neil Watts, Director of Development Services, that a proposal for a smaller building, which would presumably generate less traffic, would possibly be more likely to gain approval of direct access from Duvall. As to your question regarding the parking required for two buildings having the same use, but different sizes, a building of 6,600 square feet would have a parking range of 20 to 30 spaces and a 12,000 sf building would have a range of 36 to 54 spaces. The number of vehicle trips generated by "general office" (no retail) use in buildings of these sizes, based on the International Transportation Engineers Manual, 61 " ed., would be approximately 73 (6,600 sf building) and 132 (12,000 sfbuilding). Please let me know if you have additional questions. Sincerely /3/;~~ ..11..·-;yr~. Elizabeth Higgins, AICP Senior Planner I 055 South Grady Way -Renton, Washington 98055 @ This paper contains 50% recycled material. 30% post consumer To: Phone: Fax: I Subject: Citv of Renton Department of Planning/Building/Public Works Development Services Division Renton City Hall 1055 South Grady Way Date: Renton, WA 98055 August 22, 2001 Paul Zieske From: Elizabeth Higgins, AICP/ASLA Senior Planner Development Services Div. 393-2620 Phone: (425) 430-7382 393-2616 Fax: (425) 430-7300 Duvall driveway Number of pages including cover sheet: 2 Remarks: [2;] Original to 0 As O Reply 0 Please Comment 0 For your review be mailed requested ASAP Let me know if you need anything further. Da-ra+n.n _._ '-\..111 tu .1. .... Ahead of the curve I V A R Y July 25, 2001 Eiizabeth i-!iggins, AICP City of Renton & A Planning/Building/Public Works Department 1055 South Grady Way Renton, Washington 98055 s s 0 C RE: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Dear Ms. Higgins, I A T E I am requesting that the land Use master Application remain active, pending submittal of revised site plan and building plans. As we discussed at our meeting in April, the unannounced change in the zoning code that reduced the building height limit and the covenant imposed by the Homeowner's Association have impacted our project. We are currently in discussions with the Homeowner's Association trying to work toward a reasonable compromise in reducing the size and height of the proposed building while proposing an economically viable project. We are now looking at a two story building with about 12,000 sq. ft. of commercial space, which would be in conformance to the City Code. I can not give you an exact date for re-submittal at this time, but if we can resolve the covenant issue in August, I would hope we could provide you with the revised material by the end of October. Please ca1i rue if you have any qi.it3tivns, cc: Robin Bales s IVARY &~TESAROirIT.Cl'S • 5651UNIVERSITYWAYN.E. • SEAITLEWA 911105 • PH: • (206)52S8121J • FAX: 525-MIZI e-mail: ivary(@.,.nwllnk.com ~" Jesse Tanner Ma or July 11, 2001 Mr. ,Vaynelvary ]vary & Associates Architects 5651 University ,Vay NE Seattle, ,VA 98105 CITY lfF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Status Inquiry Dear Mr. ]vary: This letter is written to inquire as to the status of the above referenced project. Our records show that a "hold" was placed on the Land Use Application for this project on March 30, 2001. The options available are: • To respond to the issues outlined in the March 30th hold letter, • To request, in writing, that the Land Use Master Application remain active, pending submittal of material requested (provide an estimated date when material will be submitted), or • To withdraw the application (this would require a written request). Please inform us at your earliest convenience as to your client's plans for the processing of this application. If you have any questions, you may contact me, at (425) 430-7382. Thank you for your attention to this matter. Sincerely, Ht~~ Elizabeth Higgins, AICP Senior Planner copies: ltr3 doc Neil Watts file I 055 South Grady Way -Renton, Washington 98055 @ This paper COflta1ns 50% recycled material, 30% post consumer '/ /ijz>i/-< _ __. /;,._,c__.--' /..e,,:_,/)1-<-c>,/l:£~ / / DEVELOPME CITY OF We,~~~NING APR 1 6 2000 RECEIVED CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: TO: FROM: SUBJECT: April 4, 2001 Eliz eth Higgins -I 0 e Center Neighborhood Land Use Designation In the year 2000 Comprehensive Plan amendment cycle, the City Council refined and, to some extent, redefined its vision for the Center Neighborhood designation. As part of a larger effort to fine-tune the Centers policies, staff and the Planning Commission proposed merging the Neighborhood Centers into the more intensive Suburban Centers designation. The result would have been an increase in the potential scale of development in the Neighborhood Centers. The Council did not concur with this recommendation. Instead, the Council opted to emphasize the scale and character differences between the Center Suburban and Center Neighborhoods. This is expressed in the summary description of the Neighborhood Center designation at the beginning of the Centers Section of the Land Use Element. "Center Suburban is characterized by suburban scale two-story development supporting a medium intensity of activity serving multiple neighborhoods. Development within these Centers is supported by site planning oriented to automobile access and circulation along an arterial treated with a boulevard features or park landscaping." "Center Neighborhood is characterized by suburban scale single story development supporting less intensive land use than the Center Suburban and serving primarily the surrounding neighborhood." Clearly, the Council was expressing a low-intensity, neighborhood-scale vis10n for future development in the Center Neighborhood designation. Unfortunately, these amendments were adopted in August, 2000, between the time of the preapplication and the formal submittal for the Bales Commercial Center. However, the adopted Comprehensive Plan language reflects the current direction of the City Council. cc: Sue Carlson Detty Nokes Rebecca Lind D:\CN Revisions.doc\od ' . ~fe Jesse Tanner, Ma or March 30, 2001 Mr. Wayne !vary !vary & Associates Architects 5651 University Way NE Seattle, WA 98105 CITY 4 __ "i' RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Site Plan Review Issues Dear Mr. !vary: In preparing the staff reports for the environmental review and administrative site plan review for the Bales Commercial Center several items have arisen that need to be addressed. Until these issues are resolved, staff will not be able to make a recommendation for approval of the proposed site plan. When considering the proposed site plan, staff must take into consideration the Site Plan Review Criteria set forth in section 4-9-200£ of the City of Renton Development Regulations. Listed below are some of the issues that we would like to discuss with you at your earliest convenience. Also, Appendix 'A' at the end of this letter includes additional issues from the code requirements that will be used for the review of this project that also need some discussion. 4-9-200£1 (a) Conformance with the comprehensive plan, its elements and policies; The Center Neighborhood districts are characterized by suburban scale, single story development supporting less intensive land use than the other center districts (i.e. Downtown, Village, Suburban) and serving primarily the surrounding neighborhood. (from the Center Neighborhood Element of the Comprehensive Land Use Plan) The size of the proposed building, three-stories with a building footprint of 8,724 sf and an overall size of 24,861 gsf, is not consistent with this objective. Policy L U-118: Limit office use to one to two stories in height. The building has been proposed to be three stories in height. This building would be the northernmost structure in the commercial area that forms the comer of Sunset Boulevard NE and Duvall Avenue NE. The next building to the south is one story, the next two buildings to the south are two stories each, and the last building, which fronts on Sunset Blvd, is one story. The proposed building is inconsistent with the height pattern of the buildings in the commercial area because it is taller than any of the other buildings. 1055 South Grady Way -Renton, Washington 98055 @ This paper contains 50% recycled material, 20% post consumer '( Mr. Wayne !vary Seattle, WA 98105 March 29, 2001 Page 2 of5 4-9-200£1 (j) Safety and efficiency of vehicle and pedestrian circulation; Due to the future improvements planned for Coal Creek Parkway and Duvall Avenue NE, access to commercial developments is being limited along Duvall Avenue NE, when an alternative access is available, as is the case with the proposed project. Therefore, the driveway to the proposed building would not be allowed where proposed at Duvall Avenue. It must be relocated on the plan to NE 18th Place. An alternative would be to access from the commercial area to the south. The size of the proposed building indicates relatively high volumes of traffic (estimated at 163 trips per average weekday). The project must access from the dead-end street, NE 18th Place, which serves the residential portion of the development. This would increase traffic significantly onto what is now a dead- end residential street terminating in a cul-de-sac. The residents of the cul-de-sac neighborhood have expressed concerns that their privacy and quiet will be substantially reduced if NE 18th Place is used as an access for a project the size of that proposed. An easement for emergency access to the Tall Firs development was previously granted across the property. This access, in some location, must be maintained. There are also several issues that relate to the previous rezone and platting of the Book/Bales property in 1996. As you are aware, there was a concern at that time about the potential size of the building that would be built on the commercial portion of the plat (Lot 12). A summary of this issue would be that planning staff was hesitant to recommend approval of the rezone that would allow the residential / commercial development on the property based on their concern that the commercial component would be incompatible with nearby residential use and that allowing the development of a commercial use at that location would encourage the proliferation of commercial development northward on Duvall Avenue NE, which is a single family residential neighborhood. The applicant for the Book/Bales rezone and subdivision agreed to certain conditions with which the proposed land use action would be supported by staff and subsequently would receive a recommendation for City Council approval by the Hearing Examiner. Most notably these conditions included size limitations (building footprint, gross square footage, and building height) for the commercial building and architectural unity between the "duplexes" (townhouses) and the commercial building. In order to ensure that these conditions would be met, the following documents were recorded: Recorded document #92100080793 (covenant subsequently removed by #2000 052 3000287); limited size of the building to 6,600 gsf, building footprint to 4,300 sf, and building height to 26 feet. The face of the plat (SP96-051) states that the short plat was approved subject to restrictions regarding building size and height restrictions for the proposed office building. Recorded document #9612030983 (Declaration of Covenants, Conditions, Restrictions, and Reservations for Highland Book Addition [CC&Rs]); Section 13.5 Design Criteria specifies that "the office building to be constructed on Lot 12 shall meet the design characteristics shown in Exhibits A and B attached hereto, namely articulated facades and peaked roofs ... " [ exhibits A and B are included herewith] Hold ltr2.doc Mr. Wayne !vary Seattle, WA 98105 March 29, 2001 Page 3 of5 Although the covenant was removed, it was probably intended to remain in place through development of the lot. The CC&Rs are still in effect, however, so restrictions on the size and design of the building are still in place, albeit enforceable by the Homeowners' Association, not the City of Renton. Discussions with representatives of the Homeowners' Association have expressed that such enforcement is their intention. The City of Renton would prefer to review a plan that either meets the intent of the recorded documents, or have the restriction removed from the CC&Rs prior to review of the proposed site plan. We would like to meet with you to discuss the options that may be available to you. We will need your guidance in addressing the issues outlined in this letter as they relate to your proposed project. Therefore the project has been removed from the Environmental Review Committee agenda and a "hold" has been placed on the project. When these issues have been resolved, the hold will be removed and the project will be rescheduled for environmental review. Please contact me, at (425) 430-7382, to arrange a meeting date and time. Sincerely, Elizabeth Higgins, AICP/ ASLA Senior Planner Enclosures cc: Mr. George H. Bales/Owner Parties of Record Hold ltr2.doc Mr. Wayne !vary Seattle, WA 98105 March 29, 2001 Page 4 of 5 Appendix 'A' Site Plan Review Criteria (RMC 4-9-200E) a. Conformance with the comprehensive plan, its elements and policies; The Center Neighborhood districts are characterized by suburban scale, single story development supporting less intensive land use than the other center districts (i.e. Downtown, Village, Suburban) and serving primarily the surrounding neighborhood. The size of the proposed building, three-stories with a building footprint of 8,724 sf and an overall size of24,861 gsf, is not consistent with this objective. Objectives and Policies of the Centers Neighborhood Comprehensive Land Use Plan Element that are particularly significant in reviewing the appropriateness of the proposed site plan include the following: Hold ltr2.doc Objective LU-R: Create a buffer at the boundary of Centers to protect adjacent less intensive land uses from the impacts of urban activities within the Center. The proposed project, at the north edge of the Center Neighborhood Zone, would not serve as a protective transition to the residential neighborhood from other commercial uses in the Center. Policy LU-IOI: Locate and design commercial uses within a residential mixed use development in a manner which preserves privacy and quiet for residents. The size of the proposed building indicates relatively high volumes of traffic (estimated at 163 trips per average weekday). The project must access from the dead-end street, NE 18th Place, which serves the residential portion of the development, due to future widening of Duvall Avenue NE. The residents of the cul-de-sac neighborhood have expressed concerns that their privacy and quiet will be substantially reduced if NE 18th Place is used as an access for a project the size of that proposed. (See section e. below). Policy LU-118: Limit office use to one to two stories in height. The building has been proposed to be three stories in height. This building would be the northernmost structure in the commercial area that forms the comer of Sunset Boulevard NE and Duvall Avenue NE. The next building to the south is one story, the next two buildings to the south are two stories each, and the last building, which fronts on Sunset Blvd, is one story. The proposed building is inconsistent with the height pattern of the buildings in the commercial area because it is taller than any of the other buildings. Mr. Wayne !vary Seattle, WA 98105 March 29, 2001 Page 5 of 5 c. Mitigation of impacts to surrounding properties and uses; In order to minimize impacts between the proposed office building and the proposed residential development within the same plat, the office building and the "duplexes" (townhouses) were to be built in the same architectural style. The project, as currently proposed, does not relate, architecturally, to the now-built townhouses. d. Mitigation of impacts of the proposed site plan to the site; With a larger building footprint, the lot coverage is significantly more extensive and the setbacks correspondingly smaller, than on the plan that was previously approved. Therefore, landscape areas would be reduced, resulting in a more significant impact on the site. e. Conservation of area-wide property values; Neighbors in the adjacent residential development have expressed concern that their property values may be negatively impacted by the project as proposed. f Safety and efficiency of vehicle and pedestrian circulation; Due to the future improvements planned for Coal Creek Parkway and Duvall Avenue NE, access to commercial developments is being limited along Duvall Avenue NE, when an alternative access is available, as is the case with the proposed project. Therefore, the driveway to the proposed building would not be allowed where proposed at Duvall Avenue. It must be relocated on the plan to NE 18th Place. This would increase traffic significantly, however, onto what is now a dead-end residential street terminating in a cul-de-sac. An alternative would be to access from the commercial area to the south. An easement for emergency access to the Tall Firs development was previously granted across the property. This access, in some location, must be maintained. Although traffic generation is dependent more on use than project size, for the purposes of estimating traffic generation, building size must be used. Therefore, a smaller scale project would be expected to generate less traffic. Hold ltr2.doc ~" Jesse Tanner, Mayor March 6, 200 I Mr. Wayne Ivary Ivary & Associates Architects 5651 UniversityWayNE Seattle, WA 98105 CITY O_ RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Removal of Hold Letter Dear Mr. I vary: We have received the letter from your engineering consultant, Mr. Fleeger, addressing the question of surface water drainage control. Therefore, the "hold" has been removed from the land use application and the review of this project will resume. As I discussed with Ms. Dooley, we have determined that the issue of the restriction recorded against the title of the property, King County Resolution No. 6494 that limits use of the property to residential, is a matter between the property owner and King County. Unless removed, it would require disclosure to a finance institution should they inquire during a due diligence process. This land use application has been rescheduled for review by the Environmental Review Committee for March 27, 2001, with an Administrative decision to be made either simultaneously or closely thereafter. We will inform you if additional information is required to complete the review. Please contact me, at (425) 430-7382, if you have any questions. Sincerely, &/lia6b'L ~ Elizabeth Higgins, AICP/ ASLA Senior Planner cc: Mr. George Bales/Owner Parties of Record 1055 South Grady Way -Renton, Washington 98055 @ This paper cootains 50% recycled material, 20% post consumer Mar 02 01 03:25p Ivar~ & Associates (206)525-8021 t-v4-ol--,.., I" • I ! IV ARY & ASSOCIATES FAX TRANSMITTAL DATE: ATfENTION: COMPANY: PROJECT: FAX NUMBER: NUMBER OF PAGES INCLUDING COVER COMMENTS: Elizabeth, 3/2/2001 Elizabeth Higgins City of Renton Bales Commercial Center (425) 430-7300 2 Thank you for sending us the previous drainage report from your archives. We have had our engineer review this dra,nagc report and he has followed ,t up w,th a letter stating its applicability and acceptability. Thanks again for your help and information regarding this matter. Sincerely, Colleen Dooley !VARY & ASSOCIATES ARCHITECTS • 5651 Ul\1YERSITY WAY N.E. • SEATTLE WA ~8105 • PH: • (206) 525-8020 • FAX: 525-IIOZI e-mail: inry@nwllnk.com M.ar 02 01 03:25p March 2, 2001 Mr. Wayne lvary Ivar~ & Associates IIFDta101118IIS 7SJZ .Ila woed.._cw ••• ~--....... 1111117:l (4/IS) --.Zll~7 TIUC (U•J 411S-4H.:J lvary & Associates Architects 5651 University Way, NE Seattle. WA 98105-0261 Dear Wayne, (206)525-8021 The design layout for the Bales Commercial Center dated 1/12/01, is very acceptable. I have detailed below the aspects of the stonn water system that will be of interest to the city of Renton. First. the detention arch pipe system will be retained as previously designed to control the peak flaws from the 2 year, 10 year, and 100 year design storms. Second, a water quality treatment wetvault will replace the biofiltration swale and will be located at the east side of the site. The wetvault will conform to the requirements of the 1990 l(ing County Surface Water Design Manual. The site is within the city of Renton Aquifer Protection Area Zone 2. Title IV 58Ction 4-6· 030 Drainage (Surface Water) Staf'ldards for the City of Renton impose no a,dditional requirements imposed on the design beyond those specified in the 1990 King County Surface Water Design Manual. The wetvauJt will have a dead pool below the discharge invert elevation of the eXisting detention arch pipe system with a volume equal to the past development 6-month 24 hour storm event (64% of the pogt development 2-year 24-hour storm event), an additional 1 toot of depth to allow for sedimentation, 0.5 feet of clearance between the dead pool surface and the vault ceiling, a minimum three 10 one length to width ratio, and a surface area of at least 1 % of the impervious area seNed. 1¢:. •• £ 4. Pl-. H~rd 0 W. Fleea';;F f'. 2 CIT..,. C: 'RENTON Jesse Tanner, Mayor Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator February 8, 2001 lvlr. Wayne Ivary Ivary & Associates Architects 5651 University Way NE Seattle, WA 98105 SUBJECT: Dear lvlr. I vary: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Level One Downstream Analysis Following our conversation of this morning I spoke with Neil Watts and Kayren Kittrick who are the two people, other than the Plan Review Engineer assigned to the project, who have the authority to authorize a waiver of engineering requirements. Neither of them authorized such a waiver. I then spoke with Jason Jordan who worked with !vis. Dooley to achieve a complete application, and Laureen Nicolay who eventually accepted the application as "counter complete." Neither of them, by the way, have the authority to waive requirements, but may make such a request on behalf of an applicant. Neither of them recall requesting a waiver and pointed out to me that if they had, it would have been indicated on the waiver sheet you submitted with the application. As I mentioned, a waiver is not so indicated. !vis. Nicolay pointed out that she personally does not know what is contained in a Level One Analysis so the confusion may have arisen from the fact that she accepted the document you submitted as the required report. Regardless of how this misunderstanding arose, lvlr. Watts has pointed out that probably neither the downstream conditions, nor the drainage requirements have changed since the Level One analysis was done on the previous land use action, therefore you may have your engineer review the previous report and submit it with a cover letter concurring with its applicability. The hold will be removed from the project when these items have been submitted. This report will come from the archive, but I will mail it to you today. I will also provide a duplicate copy to !vis. Sitthidet so that she may initiate her review. As to the King County restriction on the use of property, we will not require evidence that the restriction has been removed in order to reinitiate review of the project. Sincerely, p//-ulu5:IL ..:JI.~..__ .. .._,, __ Elizabeth Higgins, AICP/ASLA Senior Planner I 055 South Grady Way -Renton, Washington 98055 (i) This paper contains 50% recycled material, 20% post consumer I iary 6, 2001 ,1: Ms. Elizabeth Higgins .y of Renton ,velopment Planning )55 So. Grady Way (enton, WA 98055 Dear Ms. Higgins: DEVELOPMENT PLANNING CITY OF RENTON FEB I 2 2000 RECEIVED I am writing this letter to voice my concern, as well as my wife's concerns, regarding the Bales Commercial Center. To be exact: File No. Lua-01-009, A, ECF-Bales Commercial Center. We are VERY VERY concerned about the following items, and would like to let you know since the nature of the Bales Commercial Center directly affects us where we live. The list of concerns is below: I. It lists that the address assigned to the building as 4 70' NE 18th Place. This implies to us that the entrance to the building (or exit), is directly across from my house. I am very strongly opposed to this because I purchased this house on the basis that I would be living on a "residential" street. Having this building's entrance or exit driveway across from my house would transform this street into a commercial street. Inevitably, cars will be parked all along this street, and possibly even in our own driveway. This is a problem that commercial streets bring. The amount of traffic that may be coming in and out of this street is a grave concern to me since I have children riding tricycle's and playing ball in this street. With the traffic that will be coming in and out of this building, it is very likely that someone's child may be injured, hit, killed, or maimed -depending upon how fast drivers drive through, make u-turns, back up, etc. If you had children, this would be quite a concern for you as well I am sure. I purchased this lot on the basis that it would be a residential street. We live on a property known as a "development". It is generally assumed that it will be a community onto itself. A quiet, peaceful, contained community. But, if commercial traffic is coming in and out of the main entrance of our community, that not only is dangerous for those living in it, but also a very blatant interference of our privacy as residents of this quiet development. The entrance to the Bales Commercial Center should be fronted,entered and exited ONLY on Duvall -like ALL THE OTHER BUSINESSES in the immediate area. I need clarification on this particular point of concern, and confirmation of where the entrance/exit will be for this building. 2. We purchased the Townhome based upon the promise that the building directly across the street from where we lived would be a 2 story office-professional building, NOT RETAIL as indicated on preliminary proposals. The proposal violates the covenants we were given when we purchased our property. If in fact, the building being built is 3 stories with retail shops, not only is it a violation of the covenents, but we were in fact, blatantly lied to in order to get us lo purchase into this community. 3. We are very concerned also that water drainage or plumbing that needs to happen in the process of building this building may affect our community. If so, we need clarification that should the builders/construction affect or harm our development, that our Parkway Townhome Association will not be responsible for fixing problems that may be caused by the builders of this Bales Commercial Center. They should be responsible to leave our development the way it was before constructions begins. As tax-paying members as well as resident of the City of Renton, we not only seek answers to our concerns but also we want to appeal to your conscience as homeowners as well. I am sure that if you lived here with children, you would have the same concerns as we do. We would like you to review your plans and we would like our concerns addressed and questions answered. Sincerely, fa~~ Tak Luk Mei Luk ETHAN &JOAN BOWEN City of Renton Development Planning 1055 So. Grady Way, Renton, WA 98055 RE: File NO. Lua-01-009, A, ECF -Bales Commercial Center February 6, 2001 Attention: Elizabeth Higgins Dear Ms. Higgins: We are submitting the following comments in regard to the proposed project as cited above. The project as outlined would violate the promises made to us as buyers in the Parkway Town Homes project were promised the building would be a 2 story office-professional building, not retail as indicated on preliminary proposals. The proposal violates the covenants we were given. In addition we are concerned that the address assigned is 4701 NE 18th Place placing it on the residential street across from our driveway resulting in traffic in this residential area pins cars using the residential street for parking. Such a building should be fronted and entered from Duvall as other like businesses in the immediate area. We are looking for clarification on the Transportation Mitigation Fee's accuracy as estimated to be 9.55 average weekday trips per new residence. This is not a residence and certainly would cause more than 9.55 average weekday trips for a building that size. We desire the City of Renton to consider our concerns as residents and taxpayers. We desire to review to finalized plan. Sincerely, -a~ 7?7. fj~ Et owen Joan M. Bowen cc: Parkway Town home Homeowners Assn. Jesse Tanner, Ma or February 7, 2001 Mr. Wayne Ivary Ivary & Associates Architects 5651 University Way NE Seattle, WA 98105 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Bales Commercial Center, Project No. LUA-01-009, SA-A, ECF Hold Letter Dear Mr. I vary: As you are aware, although the above referenced land use application was deemed "complete" on January 31, 2001, a subsequent review of the application indicates that the Level One Drainage Report, as required, was not included with the application materials. Therefore, the project is "on hold" as of the date of this letter. Please submit four copies of this report to my attention as soon as possible. If you have any questions regarding the submittal you may contact Ms. Juliana Sitthidet, Engineering Plan Review Division, at 425-430-7278. In addition, the title report submitted with the application indicates (exception #14) that there is a restriction on the property, put in place by King County, that limits use of the property to R-1, residential. This restriction, King County Resolution No. 6494, must be removed prior to development for non- residential use. Please contact King County regarding this matter. As a matter of record, a covenant (#9210080793) was recorded in 1992, that restricted the office building height, building footprint, and overall square footage. This covenant was recorded to meet a recommended condition of the Hearing Examiner's review of a requested preliminary plat, site plan, and rezone of the property to "Office Park" (R, SA, PP] 10-91; April 30, 1992). These land use actions were requested by Mr. Bales as applicant. The rezone, with the aforementioned condition recommended by the Hearing Examiner, was adopted as an ordinance by action of the Renton City Council (No. 4373, October 19, 1992). You have provided with your submittal a document (#2000 052 3000287) that identifies the restrictive covenant as serving "no valid purpose." This restrictive covenant has been released at your, or your client's, request and the City of Renton has not been a part of that action, nor have the procedures of the Renton City Council as to removal of restrictive covenants been adhered to in this matter. This land use application will be rescheduled for review by the Environmental Review Committee when the items delineated above been deemed complete. Please contact me, at (425) 430-7382, if you have any questions. Sincere!,' .;z/._ • _,--ccli/ai~/ASLA ~?" 0 Senior Planner cc: Mr. George Bales/Owner Parties of Record 1055 South Grady Way-Renton, Washington 98055 @ This paper COfltains 50'%, recycled material, 20% post consumer February 8, 2001 Elizabeth Higgins City of Renton Development Planning 1055 South Grady Way Renton, WA 98055 File No. LUA-01-009-SA-A,ECF -Bales Commercial Center Dear Ms. Higgins: My husband and I purchased the last available townhouse in the Parkway Townhomes area in September of 1999. It had belonged to Mr. Bales and was used as a Model Home for about a year. We were very pleased to find the exact kind of home we had been looking for on a quiet cul-de-sac. Our unit is adjacent to the proposed build-out. We were a bit concerned about any building that might be constructed there. When we questioned Association members, we were told that Mr. Bales and/or his representative at that time, Mr. Dean Hubbard, had assured them it was to be a two-story structure built similar to the Association townhomes and would house medical, dental or insurance offices --not retail. We didn't mind the prospect of having a business -typically run weekdays with little traffic - next door to us. A two-story building with design and color similar to the Association buildings on the block would not be an eyesore. But a three-story building with some underground parking does not seem to align with what the Association had been told. On the environmental side, I am not sure what kind of mitigation is necessary for drainage on the property. The entire area has had drainage problems. You can hardly walk on the grass in our area -which is higher ground than the proposed buildout area without getting soaked ... moss and standing water are there almost constantly. We have also had issues with the water meter installed which initially included sprinklers on the perimeter of that piece of property. Even the City of Renton questioned the installation. We know this property has sat idle for some time and Mr. Bales deserves to finally receive some income from it, but a three-story, retail/office building would be detrimental to our investment and quality of life. Sincerely, Ron & Marybeth Torgerson 4719-B NE 181h Place Renton, WA 98059 425.687.5676 ! OEVELOPM--. r PLANNING CITY OF RENTON )\\\)J (\\\\\ I • , E. Paul & Roberta E. 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'"' 0 • 1 ·~ ~ "" -·~ : •< '"' i, ' -< : D i w u :2 w . ....,_ ,. •JZ w V,:,,: """ WU ....:g ·" -~ J -:-: ~.2 s J"' -~ ~ ~ ::) N ,J' \\'HEN RECORC'ED RETI.J'R.~ TO: Olfi-=t"ofthe<.:ityCcr'k I DEC:..A..~'l'ION OF RESTRICTIVE COVENAflTS ;;: ..... :,.,, :,:w1.:.:t~.:.: :!:.:i~~!.::;; :1'-: ;,:'.'.I ,\vcnu<> Sauth r.~.iltJ;l. \;:\ ._~IJ)S WHEREAS, ALEC A, BOOK anP MYRTLE M. BOOK, his wife, are the owners of the following rea! property locatea in the City of Renton, County of King, State of Washington: T=act No. 3, Joseph ?. Marshall Tracts, according to the plat thereof recorded in Volume JS of Plats, Page 10, in King County, Washington;c ,.EXCEPT. the west 120,00 feet of the north half thereof; 1' • ..1·10 EXCEPT the west 230. 00 feet of the soutb half thereof. See attached Exhibit "A". "':" WHEREAS, the owners of said described property desire to impose the following restrictive covenants running with the land as to us2, present and future, of the above described property. NOW, ~HEREFORE. the aforesaid owners here~y establish, grant .?.!1.-::!. i.!:".p~~e rc:::tric~i.cn::. a~d. co·:~:-.~;:;.~.:; ~!.!:;.::,ir-.::; .,,..i ~h t::c l~~d hereinabove described ~ith respect to the use by the undersigned 1 their successors, heirs and assigns as follows: All C.uplex units constructed on the above described real property shall have design charac~eristics as set =orth in Exhibit ''3", namely, facades c.nd peaked roe.., .. ..;., that blend with the design charo.cteristics as set forth in Exhibit ~c" for the office building proposed on the following described proper~y: 230 00 feet of the sou~h half of Tr3ct No. J, Joseph ?. Marshall ~racts, according to the plat thereof recorded in vo;.ume 38 c,f Plats, Page 30, in Kinq County 1 Washington. See attached Exhibit "A". The west DGRA';:!ON ." I 1\ Thc::;e covenan~.:; shi!'ll run •,,:i~h the land ai:w expire en ~ecember ~ 2025. If at any time improvements are installed pu:::-suar\rto these cover.ants, the portion of t:":.e covenants pertaining to the specific installed improve~en~s as reriui::-ed by the Ordinances of the City of Renton sha:1 terminate wi~hout necessity ot" fu:-thcr document:at.-ion. Any violation ur breach of ~he.3e restrictive ccvenarr:.s may be enforced by proper legal ?rocedures in the Superior Court of King Cour:ty by either the City of Renton or any property ~wners adjoining subject property who are adversely affecteC by said breach. DECLARA'::ION OF RESTRICTIVE C0'!'W.>.i.iTS, P. 1 W:\W!NWORD\B00K\REAL?.ST\RESTCOV4.DOC LA.., :1. -r z.. ·' :; ., i I I STATE OF WASHINGTON COUNTY OF :KING ss. , , /J.,, ,.::.:,,-'t,.,.} /} ' ~ .,,,v1,cc~ ./!,-. ¥'i:E M. BOOK ., I j,~,.,,. ,f'"__:...,:.-,::~ On this clay perso:,ally appeared before me, a Notary Public in and fer th" State of Washington, ALEC A. BOOK and MYRTLE M. BOOK, to me kno,m to be tl'.e individuals described in and who executed the within ar:d foreg"cing iiistrun.ent, and acknowledged tilat tJley signed the same as their free and vol1.1ntary -:'.t;t and deed for the_uses and purposes therein mentioned. GIVEN under my hand and official s~al this September, 199 2. of Nu-::.a .... y }-,.z.:::!.=.c 1!"! ~r.:d. !0!' 1:.hP State pf Washington, residing at J{ •. ...,/ My com.m.1~· ~s~s~i-o_n_e_xp--i~r-e_s_(; -I -:: -Ci:::, DECLA."!.ATION OF RESTRICTIVE COVENANTS, P. 2 W:\Wll!WCRD\B00K\REALEST\RESTCOV4.DOC ; j _, .. i ' ;- ' i ' I .. -...r .. TC ACCO~PA"ff LEG.-\L DESCR!PT;ON FOR F"OR REZONING A POR110N Oc THE NE 1 / 4 OF THE SW 1 / 4 OF' SECTION 3 TW?. 2J N .• RGE. 5 E., W.M., KING COUNn', WASHINGTON r T I ' 1...1.~' ? - < >. ' qY'' I 2Jo· ! I I ' I J ESM i1c. ,. SIIISM. .. -.n.• ~ -----.. ~ ~ ~ IO .• l9l,..CIG. .., re,,:"" ....... -.-.c?Ooo -., _, 1.JO.tl •:i..~1, •.J SCAL£: 1· = t co· _, I;-)<' )'. ' ...ro ,;,t: ,;,.., =! • I. c0 ·C'S ::, "' "t-:0.::· 0! > tn/ I .,-0 0 I r ,09 ''°· 241-0:••920-004 ORA'"1NC ....,,,t ' EXWN OAT!: : 08-19-92 ORAWN : R.J.W. S!-i£ET , or 1 I I I I l I I ' --· ., ----·. WK::N ucoiom RE'T'URN TO: Ofr.e.: d the aty ~I: Rm::., Mi.:.'Uri;,al Bui1dlr1J l':-:i ,•. '.;! •. , ·.-o,ue South ~i,:;;\, \'I A 9tl055 . ' • .... DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR HIGHLAND BOOK ADDITION > A Subdivision i;;, .., "' ;:::;; "' ~ ;;:g ~ 1 I I I s ::. I Wi " ;;o i "' I ~ "' ~ 10 "' I 0 ~ ;;; :,! "" ~. ,.. ii -< ti 8 • I ~·:::\ ·t'.:i?Z.;f;.:"'. i I I I -~ ....... J. (.:; • • This Oeclarati!in,._ is made as of this 91rf: day of A;PR!I. , 1996, by Alec A. Book and Myrtle Book, husband and w.1.fe ("Book"), and Five star Development, a Washington general partnership ("Five Star"), collectively the "Declarant.M UCITALS A. Book is the owner of Lot 1 and Five star is the owner o! LOts 2 through 12 of the Plat (as defined herein) and the i~provements located thereon, within the City of Renton, County of King, State of Washington, commonly known as Highland Book Addition, referred to hereinafter as the "Property". B. Declarant desires to create a subdivision at Highland Book Addition to provide for the maintenance and preservation of the Common Areas (as defined below) within the community and to promote the health, safety, happiness, and welfare of the residents of the community. c. To further promote the health, safety, happiness, and welfare of the residents of the comm.unity, and to enhance the value and attractiveness of the Property, Five Star intends to establish subsequently a condominium project on Lots 2 through 11 of the Property to be known as Parkway ToWT'.homes, a condominium.. SlJBKIBBION OP TBB PROPBRTY TO THIS DECL1Jt11TION; ADDITIOIQIL PROPl!RTY ~ Declarant, being all of the owners of the Property, hereby makes this Declaration for the purpose of submitting the Property to this Declaration, and declares that the Property d.escribed dbove shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject t0> the following covenants;-conditions, restriction, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are fort~~ purpose of protecting the value and desirability of the Prope1:ty and shall be binding on all parties having any right, title or interest in th~ Property or any part thereof, and shall inure to the benefit of each owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any LOt owner, the Association, and any first Mortgagee of any Lot. -1- I _j l ' ,· , .. • • llTICLB 1 PllIJIITI011S section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Articles" shall mean the articles of incorporation of the Association, as defined below. "Association" shall mean the Highland Book owners Association, a Washington non-profit corporation, as described more fully in Article J, and its successors and assigns. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 4. "Bylaws" shall mean the bylaws of the Association as they may from ti:e to time be amended. fj "City" shall mean the City of Renton, in the County of King, 'J) State of Washington. ~ "Common Area" shall mean the storm drainage facilities on Lot 12 of the Plat and othe= drainage fa~ilities on the Plat. 1toeclarant" shall mean Alec A. Book and Myrtle Book, husband and wife, and Five Star Develcpui.ent, a. Washington general partnership, and their successors and assigns it such successors or assigns should (i) acquire more than one Lot from the Declarant for the purpose of development, and (ii) be specifically assigned the rights and duties of Declarant by written instrument in recordable fo=m. > "Declaration" shall mean this Declaration Conditions, Restrictions, and Reservations for Addition, and any amendments thereto. of covenants, Highland Boc.:, "LOt" shall mean and refer to (a) Lots 1 and 12 shown on the Plat and (b) Lots 2 through 11 shown on the Plat or each condominium unit created on Lots 2 through 11. "Member" shall mean a person entitled to membership in the Association pursuant to Section J.5. "Mortgage" shall mean a recorded 1Dortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. nMortgagee" shall mean the beneficial owner, or the d~~ignee of the beneficial owner, of an encumbrance on a Lot cre~ted by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a -2- ' • j i ., ~ i ' :t· I -- • • proposed decision or _c.ourse of action, a Mortgagee shall be deemed a a.eparate Mortgagee for each· Lot on Which it holds a Mortgage which constitutes a first lien on said LOt. Mortgagees shall have the same voting rights as the owners of any LOt subject to such Moi::tgage. "Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all OWners, tenants or occupants of Homes Whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. such evidence shall be considered in malting the decision but shall not bind the Board. The affected person shall be notified ot the decision in the same :manner in which notice of the meeting was given. "owner" shall mean the owner o! record, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property or, in the case of Lots 2 through 11 after creation of a condominiw;i thereon, a condominium unit on those Lots, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. lvly person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. · "Person" shall ird:lude natural persons, Partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat recorded in conjunction with this Declaration which depicts the layout of the Lets and Common Area on the Property. The Plat for the Property was recorded on May 28, 1996, in Volume 177 of Plats, at pages 1 through 3, under Recording No. 9605280849, records of King County, Washington~ "Property" shall mean that real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as Highland Book Addition and more particularly described as Lots 1 through 12 of the Plat. ,,...,, 10"1,,.1:17plll -3- J ! ; ' i ' l l j I I • • JutTICLII 2 COlQ«lJ llllll Section 2.1 PeSC.X:iPtion of Common Area •. The Common Area consists of the storm drainage facilities on Lot. 12 and other ~rainage facilities on the Plat. ~ section 2.2 Dedication ot Comm.on Area,. The Association c,.hall have the right to dedicate or transfer all or any portion of ("j:he comm.on Area, including easements thereon, to any public agency, Cauthority, or utility for such purposes and subject to such C\l:onditions as may be agreed to by the Members. No such dedication ~r transfer shall be effective unless 67 percent o! the Mem1:>ers ~onsent in writing to such dedication or transfer. The instrument ~'tledicating or transferring all or any portion of the common Area shall be executed by the president and secretary of the Association who sh~ll certify that the requisite consent has been obtained. 0 section 2. 3 Maintenance-ThJt Associati2n ~ have ff£.tl L.., responsibilit, for the maintenance! r~_pa~,? ... and improvement o e C"o'mm.on Area including-Without iilt"'"i ion, the-storm drainage easement""area on LOt 12) for its intended use, subject to applicable governmental restrictions. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. section 3.1 association called "Association"). JutTICLII 3 OllllBRS Z,SBOCIATIOW Establishment. There is hereby created a:i the Highland Book Owners Association (the ,. section 3.2 Form, Of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. section J. 3 Articles and BY laws. oeclarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict he.tween this Declaration and the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the Owners at regular or special 111eetings; provided tha't the initial Bylaws shall be adopted by the Board of Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. -4- • ' • I • i "' ·~ a j ., I • ·-- ~ I . '. ' I ' ' • - section 3.4 ~!i"-of Di-rectors; Consensus Required; Arbitration. The Association shall be managed by a Board o! two directors, one elected annually by the Class A members ~nd one appointed by the Class B member. All decisions ot -the Board shall be unanimous. Any deadlock on a matter requiring Board action or any dispute among Board members which cannot be resolved shall be determined by arbitration in Seattle under the American Arbitration Association (AAA) Colll!llercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as mod.if ied by this agreement. There shall be one arbitrator selected by the parties within seven days of the arbitration demand or if not, then pursuant to the AAA Rules, who shall be an attorney with at least five years condominiWD, coDCDunity association or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this provision shall be determined by the arbitrator. At the request of either party made not later than_ 75 days after the arbitration demand 1 the parties agree to submit the dispute to C,, nonbinding mediation vhich shall not delay the arbitration hearing L~ date. There shall be no substantive motions or discovery, exc~pt the arbitrator shall authorize such discovery as may be necessary to ensure a fair hearing, which shall be held within 120 days of the demand and concluded within two days. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a c..::, judge including attorney fees and costs to the prevailing party, ~ but. the arbitrator shall not have the power to award punitive damages. Section J. s Membership and Voting Rights. The Association shall have two classes of voting membership: 3. 5. l The Class A Member shall be the owner or owners of Lots 1 through 11, which shall be entitled to one vote for each Lot owned. If a condominium>i.s created on some or all Of Lots 2 through 11, the votes for the tots in the condominium shall be cast as the board of directors of the cY.mers association for that condominium or its designee shall deter.nine. 3.5.2 The Class B Member shall be the owner of Lot 12, which shall be entitled to one vote. Section 3. 6 Transfer of Membership-The membership in the .Association of each Member (including Oeclarant) shall not be transferred in any way (except for the Class A membership for the LOts to be included in the condominiu:n to be created on Lots 2 through 11). Any attempt to make a prohibited transfer shall be void. section 3., Inspection of Association Document::. Books, ond Records-The Association shall aalce available to ownPr~, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any o.f them, current copies of this Declaration, the Articles, the aylaws, and other rules, books, records, and fi:iancial statements of the Association, -5- I • - -~·-·. I . •. I • - and the most recent a.n~~al audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a-reasonable charge to pay t..~e cost of making the copies. U.Tl:CLll 4 KAJD.Gmmff or DI MIOCUTI01f Section 4 .1 Administration of the Property. The owners and Members covenant and agree that the a.d.Jlinistration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. section 4.2 Authority and Duties of the Board. on behalf of and acting tor the Association, the Board, for the benefit of the Property, the Hem.hers and the OVners, shall have all power£. and authority permitted to the Board under this Declaration including, but not lizited to, the following: 4.2,1 Levy, collect, and enforce the collection of, assessments, as more particularly set forth in Article 5 hereof, to defray expeuses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4. 2. 3 Enter into agreements with one or more qualified persons to provide,.for the :maintenance and repair of the Common Area, the collection of assessments, the sending of all required notices to Members, the operation of Association meetings, and other regular activities of the Association. 4.2.4 contract and pay for any materials, supplies, labor or services which t~c ecard should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, ::aanagement, security patrol or other services. 4.2.5 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time deter1Dined by the Board. section 4. 3 Adoption of Rules and Reaulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area and other matters of mutual concern to the Members, vhich -6- l I ,. I -- I . ·. ,~ I : • • rules and regulation:t are not inconsistent ._.ith this Declaration and the Bylaws and which treat all Members and OWners fairly and in a non-discri•inatory manner. · section 4.4 Additional Pow,rs ot the Association. tn addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things vhich may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. llTICLI 5 MH88XQT& section s.1 Creation of the Lien and Personal Obliaation of Assessments. Each owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is de&ded to covenant and agree to pay to the Association (through the owners association for the condominiwa created on some or all of Lots 2/ through 11) any assessment duly levied by the Association as provided herein. The assessment shall be divided into 13 equal share ~ith tots 1 through 11 being allocated one share tor each Lot and LOt 12 being allocated two shares. The share or shares of each ~such assessment, together vith interest, costs, late charges and reasonable attorneys fees, shall be a continuing lien upon the LOt r against which eaeh such assessment is made and shall also be the personal obligation of the person who was the OWner of such Lot at i, the time when the assessment fell due. The personal obligation tor odelinquent assessments shall not pass to his successor title nnless c.aa lien for such delinquent assessments had been properly recorded C,prior to title transfer or unless expressly asswa.ed b~ that party. When ownership of a Lot;.cha.nges, assessments Which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section s.2 Liability for Assess1nents. My assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 5. The Board shall levy the assessment against each Member (but each ovner of a Lot is personally liability for an equal pro rata portion of each assessment) . No OVner may oxempt himself or herself from liability for his Assessments by abandoning his or her Lot. section s. 3 Association Budget: Allocation a.nd commencement of Assessments-The Board shall prepare, or cause the preparation of, an operating budget for the Association at lea&t annually, in accortlance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costa and expenses together with a reasonable sum to establish reserves ~nr future major repairs and rep la.cements; provided that the Board shall -7- l I i I ' ! ' I i l I ·~-- I I . , I • - determine "When esta.bliroihment of . such reserves shall commence. Assessments shall commence upon notice from Five Star to the Board that the owners should commence paying assessments. until assessments have commenced, Five Star shall pay the.actual expenses of the Association. Section 5.4 Levy Of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy a general assessment on each owners, allocated as provided in Section 5.3. section s.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each OWner for an assessment period at least JO days in advance of beginning of such period. Notice of the general assessment shall thereupon be sent to each owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an assessment shall not render such assessment void or invalid. Any :failure by the Board, before the expiration ot c1ny assessment period, to fix the a.mount of the general assessment hereunder for the next period, shall not be deemed a waiver or \ modification in any respect of the provisions of this Article or a release of any owner froJlii the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period. 0 L') ':.tJ 0 ifj Section 5. 6 Assessment Period. The general assessment c~ fixed for the preceding period shall continue until a new ~~ assessment is fixed. Upon any revision by the Association of the ~.operating budget during the assessment period for Which each budget ~ was prepared, the Board shall, if necessary, revise the general C, assessment levied against the owners and give notice of the same ln the same manner as the initial levy of a general assessment for the assessment period. ..> section 5.7 Manner and Time of Payment. Assessments shall be payable in monthly installments, or any other periodic installments or manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least 10 days after the due date to thereof shall bear interest at the rate of 12\ per annum, and the Board m.ay also assess a late charge in an amount not exceeding 25t of any unpaid assessment which has been delinquent for more than 15 days. Section 5.8 Accounts• Any assessments collected by the Association shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 5.9 Special Assessments. In addition to the general assessJnents authorized by this Article, the Association iuay -s- } I - -... e L • Ill levy an assessment or ~ssessments at any time against the Owners, applicable to that year· only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordi·nate repair, or replacement of a described capital impr.ovement located upon or forming a part of the· Common Area. The amount of each OWner's special assessaent for any year shall be calculated like the general assessment. section s.10 Records and Financial statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any assessments, a balance sheet and an operating (income/expense) statement for the Association; provided, however, such documents need not be prepared by a certified public accountant unless requested by one of the Members. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditur~;s of Association funds shall be available for examination by any OVner at convenient weekday hours • .U.TICLZ 6 COMPL:I7JIC! l,!ID PlQl!Cl!IOQ!T Section 6.1 Enforcement. 6 .1. 1 . Each Owner, Member, Board member and the • ·Association shall comply with the provisions of this Declaration and with the Bylaws and adlo.inictrative rules and regulations ~ adopted by the Association (as the same may be lawfully ame::ded from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on be:half of the Association and the Owneis) or by the aggrieved owner on his own, against the party (including an Oloiner or the Association) failing to co~ply. 6.1. 2 In any action or arbitration to enforce the provisions of this Section 6.1 or ar:y other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. section 6.2 No Waiver of Strict Performance-The failure of the Board or oeclarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rul~o or regulations, shall not be construed as a waiver or a relinquistll!lent for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall ~emain in ,,, .. ,, Jtn/912:}:,P. -9- -~ I e I: I • - full force and effect. No w~i..ver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. Section 6.3 Bemedies cumulative. EXcept for claims which must be arbitrated pursuant to Section 6.J above, the remedies provided herein are cu.mulati ve, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. ARTICLE 7 tIXITMroN or LIABILITY section 1.1 No Personal Liability. so long as a Board member, Association co:inmittee !II.ember, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possassed by such person, no person shall be personally liable to any M~mber, or other party i~cluding the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to 1nake a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply ~here the consequences of such act, omission, error or negligence are covered by insurance J or bond obtained by the Board pursuant to Article 4 or Article 12 -.I hereof. ') :.. section 7.2 Indemnification. Each Board member or ; Association comJD.ittee member, or Association Officer, and their "" respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incu;red by or imposed in conrieetion with any proceeding to which he or she may be party, or in which he or she ~ay become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of L-itentional misconduct, or gross ne:gligence or a knowing violation of law in the performance of his or her dutie~, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, inde:mnification shall apply only when the Board approves such settlement and reiin.bursement as being in the best interests of the Association. Nothing contained in this Section 7. 2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by hi~ or her under and by virtue of the Declaration as a Member or owner of a Lot. -10- i ' I ' 1 I ! .I ' I • I ~ ;:t: ~ 1./~ ~ • - -,. ~ICLII 8 -XOBT<D.911 PRO:TIC"l'XOK section s.1 PrioritY of Mortgages.. ~otwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by a mortgage or deed of trust which were made in good faith and for value upon the Lot. A mortgagee of a Lot, or other purchaser of a Lot, who obtains possession of a Lot as a result of foreclosure or deed in lieu thereof will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be collUDon expenses collectible from all of the owners including such possessor, his successor and assigns. For the purpose of this Article, the terms "mortgage" and "mortgagee" shall not mean a real estate contract (or the vendor thereunder), or a mortgage or deed of trust (or mortgagee or beneficiary thereunder) sect:..cing a deferred purchase price balance owed with respect to a sale by an individual owner other than Oeclarant. section s.2 Effect of Declaration knendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mortgage duly ~ecorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent ~ ~ provisions. section s. 3 Rights of Lien Holders. A breach of any of the provisions, conditions, _.,..restrictions, covenants, -easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value ~n any Lots; provided, however, that any subsequent owner of the :.Ct shall be bound by these provisions whether such OYner's title was acquired by fcreclosure or trustee's sale or otherwise. section 8.4 copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an OWner/mortgagor of a Lot has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such ~eetings. Section 8. 5 FUrnishiog Of Documents• The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent ,, ... ., J/Z2l96 2:S>,. -11- I J • • balance sheet a.nd incc>ne/expenBe. state::ent for the Association, if any has been prepared. lUlTICLII t WBHIIITS N!P SP!Clli WCTB section 9.1 association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such ea.se:,ents as are necessary to perfor.n the duties and obligations of the Association as are set forth in the Declaration, or in t..~e Bylaws, and rules and regulations adopted by the Association. section 9.2 Utility and SJdewa}k Easements. on the Lots, easements are reserved as provided by the Plat and applicable laws, ordinances and other governmental rule and regulations tor utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainagL, gas 1 and accessory equipment, together with the right to enter upon the ~ Lots at all times for said purposes, and for sidewalks. Within these easelilents, no structure, planting, or other material shall be placed or permitted to remain which may damage, interfere with the installation and maintenance of util:.ties or the sidewalks, as [ applicable, or which may change the di=ection of tlow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in t..~e easements. The easement ar:aa of each Lot, and all improvements t..~ereon, shall be maintained bontinuously by the owner of each Lot or the owners associ3tion ~ for the Lot, except for those impro.;.em.ents for which a public C':i authority or utility company is responsible and except for any sidewalk for the common use and enjo~nt of the OWners which the Association is obligated to maintain. > Section 9. 3 Drainage Easements. The Association shall have a perpetual easement over, across and ~ough the drainage easement: area on Let 12 shown on the Plat for ~~e purpose of maintenanc~, repair, replacement, and landscaping o1 such easement area. ARTICLB 10 T>B}\l!DOIIMlQIT OF StJBDIVlBIOH STATUS Section 10 .1 purati9D Of Covenants. The covenants contained herein s~all run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 11. Section 10. 2 Abandonment at subdivision Status. The Association shall not, without the prior written approval of the goYern:nental entity having jurisdiction ove.r the Property and without prior written approval of 100% o! all first Mortgagees and owners (other than the Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the -12- •• I .. ( I l • - Property as approv~d-by the governmental entity having appropriate jurisdiction over the Property. AltTICLII 11 l,MJOO)Kl!NT or DJct.ARATIOll QR PLAT section 11.1 Declaration Nnen<:baent-Amendments to this Declaration shall be made by an instrument in writing entitled 11Amendment to Declaration" which sets forth the entire amendment. Amendments must be approved by both Members and the owners holding 67\ of the votes of each class of Member. The Members' and owners' approval may be obtained by a special vote of the Members and owners at a meeting or meetings or the written consent of the Me~bers and owners in lieu of a special ~eeting. The amendment shall be executed by the president and secretary of the Association who shall certi~y that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51\ of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Bylaws of any of the following: voting rightF; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Co?CIDon Areas; insurance or fidelity insurance; responsibility for maintenance anQ repair; the boundaries of any Lot; convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than set forth her~in; imposition of any restrictions on the right of an OWner to sell or transfer his Lot; a decision by the Association to establish self-mariagement :.; when professional management has been reqUired previously by the C') Mortgagees; or any provisions 'Which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mo~"tgages. It is specifically covenanted and understood that any amendment to this Declaration prope~ly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and· any or all clause~ of this Declaration unless otherwise specifically provided i:\ ~he section being amended or the amendment itself. Section 11.2 .f.lil. Except as otherwise provided herein, the Plat may be a~ended by revised versions or revised portions thereof referred to and described as to affect an amendment to the Declaration adopted as provided for in Section 11.1. Copies of any such proposed amendment to the Plat shall be -made available for the examination of every owner. such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. section 11. 3 Amendments to conform to construction- Declarant, upon oeclarant's sole signature, and as an attorney-in- fact for all Lot owners with irrevocable power coupled with an intere!>t, may at any time, until all Lots have been sold by D(llll9.l JmJ96 l:.U,--13- ~ · .. .,... • • Declarant, file an amend.W,ent to ~he Declaration and to the Plat to conform data depicted· therein to improveJDents as actually constructed and to establish, vacate and relocate easements. llTICLJ! 12 Il18Q1\Al1CJ The Board shall cause the Association to purchase and maintain at all tiMes as a coinm:on expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft, or other causes with such deductible provisions as the Board deems advisable; insurance, if available, for the protection of the Association's directors, officers, and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review at least annually the ade--;uacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of C> Washington. All such insurance policies and fidelity bonds shall ) provide that coverage may not be cancelled or sul:;,stantially modified ( including cancellation for nonpayment of premiw:::1) without at least JO days' prior written notice to any and all insureds J named therein, including owners, holders of mortgages, and ~ designated servicers of mortgagees. " Section 13.l. llTICLJ! 13 Kl13CBLLll'SOUS Notices:.t,.- 13 .1. .. 1 My written notice or other documents as required by this Declaration, may be delivered personally or b'.· certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been del=..vered and received 48 hours after a copy thereof has been deposited in the United states mail, postage prepaid, addressed as follows: 13.1.1.1 If to a Member, other than Deelarant: to the mailing address of such Mex:iber maintained by the Association, pursuant to the Bylaws. lJ.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): 13 .1.1. 3 Prior to the organization of the Association, notices to the Association shall be address~~ as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished b"J written I I t i i i .ll I • - notice from the Association. In addition, from and after the organizational meeting, -nOtice of-the address of the Association shall be given by the Board to each owner, within a reasonable time after the Board has received actual notice of such owner's purchase of a ~t. Section 13.2 conveyance; Notice Required. The right Of an owner to sell, trans!er, or otherwise convey his or her LOt shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a LOt is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid ·assessments and charges outstanding against the Lot, whether or not such information is requested. Section 13.3 successors and Assigns. This Declaration sh,._ll be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Oeclarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Member. Section 13,4 Joint and several Liability. In the case of joint ownership of a Lot, the liability of each of the OWners thereof in connection with the liabilities and obligations of ovners, set forth in or imposed by this Declaration, shall be joint and several. section 13.5 Design Criteria-Any duplexes to be constructed on Lots 1 through 11 and the off ice building to be constructed on Lot 12 shall :rlt!et the design characteristics shown in Exhibits A and B attached hereto, namely articulated facades and peaked roofs, with such modifications as may be approved by t."'le Development Services Division of the city of Renton. Section lJ.6 Severabi}ity. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 1-3. 7 ConstruotiOD• The provisions ot this Declaration shall be liberally construed to effectuate its purpose -15- l j I ' f -. . , I - • • of crea.t;ing a uniform pl~ll~-for the operat.ion and maintenance of the Property. section 13.8 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. section 13. 9 Effective Date. effect upon recording. Th~ Declaration shall take IN WITNESS WHEREOF, Oeclarant has executed this Declaration on the day and yearJ!irst herein above written. OECLARA.'IT: STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) " f.kb A. Book Myrt~~ I certify that I know or have satisfactory evidence that ALEC A. BOOK and MYRTLE BQfJK are the persons who appeared before me, and said persons acknowledged that they signed this instrument and ackno~ledged it to be their free and volu.~tary act for the uses and purposes mentioned in the instrument. Dated this day of Aoci I , 1996. I . I ;;( ( C)<c }v n-J ( ~ hilt ot 3llmp ~ rJ r,1-,y) Notary public in and for ~estate ~f Washington, residing at &a±t:n My appointinent expires /,; -If, -·7c~f' __ ! l \ ' I • . ---- ·--!. I • • STATE OF WASHINGTON ) ~ ,) ss. COUNTY OF KING ) I know or have satisfa.ctpry evidence that -::--::¥l'tu:~,:!;~~~~~.::-~. is the person who appeared before ae, and ~ said-. rson acknow-ledged that said person signed this instru:ment, en on oath stated that said person vas !\utborized to execute the o instrument and acknowledged it as the ~,:ft,< of FIVE ,.,... STAR DEVELOPMENT COMPANY, a Washington general partnership, to be 0 the free and voluntary act of such corporation for the uses and ~ purposes mentioned in the instrument. ~ Dated this ·9: ,!;/? day o! :, "''"" )IZ2/M 2:Dp. /Jpri I 1996. klilJ 1'lil& ..... ~ flL.....,., of Notary public in and for the state Washington, residing at ~£~1c~lr~·~---~~- ~y appointment expires -17- - I j I OCT-27-2000 15:02 C !TY OF RENTON 425 430 7300 P.02/03 . ····LIST C>F SURROUNDING/PROPERTY OWNERS : :,: .. ,.,-, PROJECTNAME: Bede, ColM~a\ Ce~r APPLICATION NO: LU\C\ · 0,. OOC\ , 'S\C\ -I'll I E"('..f The following is a list of property ownera within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS (Allach additional sheets, if necessary) ASSESSOR'S PARCEL NUMBER OCT-27-2000 15:02 C !TY OF RENTON 425 430 7300 P.03/03 NAME (Continued) ADDRESS ASSESSOR'S PARCEL NUMBER Applicant Certification I, .....,to;""'..c1.""'IJ1.;.<s1.,.l1:o!:...,i;._' _·,_1""'.-'-'-=-:ie<'/1:""-'-r,-i!i.-!C----· hereby certify that the above list(s) of adjacent property 'fpnnt Name) z:, owners and their addresses were obtained from: Renton Technical Services Records ill ompany Records Ki County Assessors Records ( ~ .· Date /lier lo I Q • NOTARY S bscribed and sworn before me, a Notary P_yblic, in and for the State of Wa!tlington, . . I"#/ ''.l,n,-/Z',r/ on the d4!'ZI day of ,Y#/-!Pr~ . ~'.7'1::,./ (/ ~ ,.n,,-,?_;.,.,-//fe,4..-0· r->'r)r# ~r/,;' oYa< -For City ril Renton Use- . . . CERTIFICATIQN OF;MAILING . ... .·· •... . .~· . I. Andre:< D:Bauiu, hereby certify that notices tilth~ proposedltpplication were milled to (City iarnpf<>)'l!e) ·· · .. . · e.acn list~Y:~rtv ~wneron ~A. z, zmt ( Signed {,,,6.,,L.t,&ef},tz ···.... . Oat~ t;,./~/Q/ . -.,.._ NOTARY A.TT~. T··.' .. Sub·sc·. ri·be· d a.". d .. swo ... ·· ... rn. before me,~ .. · N.·.o··· .. '.a ... ry. P.u. bli·C·, in and fo.rtze Stateo .. f Washi·n· gton residing 1(;-. ,;.--,>4:e= .. ..·onthe@nd dayof ):7:u14. &! .~/ · Si ned·~ , .. ni.prap.doc REV 07/98 MARILYN KAMCHEFF ··--.,, MY APPOINTMENT EXPIRES: 6-29-03 2 TOTAL P.03 BATCH NUMBER: * . CUSTO'lo\!,R NAl'IE JM IVARY £. AS ATE COMMENTS r, I * ' D ··""'""'-~111-~·~··.,..~·~·~·~*~~~~,:-,,~,t!r!':• '?.!!."!'!r:r. ?> •• ,.:-~t./, ........ !'.'--.•-.-0~,~-,.,.i:..('"-...... ,,..,.v.,,..,,. ...... , ..... , •. 1,.,c.ooc~-,~.,~v.,,..,-.,,.* 3 .. 5ooc-0010-01 MERRIMAN WILLIAM E 550a MARILANE YAKIMA WA 3 .. sooc-0020-05 972975 98906 ROGERS MARVIN L £. BETTIE L 000678 UNIT 61901 BOX R-223 APO AE 09809-1901 3 .. 5000-0030-03 HOLMAN RICHARD 13644 SE 107TH PL RENTON wA 516970-0010-09 672825 98059 ------. -----. .,. ____________ _ BRIERE wILLIAM A+TERRILL L 679999 1944 DUVALL AVE NE RENTON WA 98059 3 .. 5000-0010-07 MERRIMAN WILLIAM E 5508 MARILANE YAKIMA WA 345000-0020-05 972975 98908 ROGERS MARVIN L £. BETTIE L 000678 UNIT 61901 BOX R-223 APO AE 09809-1901 345000-0030-03 HOLMAN RICHARD 136 .. 4 SE 107TH PL RENT ON WA 672825 98059 fj -·;16~;0-~01~~0-;·--- ·~---~~-·_..,;_--~---.- ; BRIERE WILLIAM A+TERRILL 19 .... DUVALL AVE NE RENTON WA L 679999 98059 ,ew~c,,:::. ===· z,,--~=====::,;:-P=== a., , 516970-0024-03 516970-002 .. -03 BRIERE CREEK 122200 2001 ADV DEP PD $2,189.16 2002 PLAT NEW MAJOR 109130 BRIERE CREEK 122200 2001 ADV DEP PD $2,189.16 2002 PLAT NEW MAJOR 109130 -------=--====··==,======= ,~---_-::-_:::.c:c·.:_···--·--······-·-- 516970-0026-0l . I 516970-0026-01 BAXTER KURT JHSUSAN K 269999 1 BAXTER KURT 1800 DUVALL RENTON WA R+SUSAN I< AVE NE 269999 9.!1058 1800 DUVALL AVE NE RENTON loA ------------------,------- 516970-00lf0-03 SHANNON VILLAGE GP C/0 PACIFIC ASSET ADVISORS 600 108TH AVE NE STE 31 .. BELLEVUE WA 9805a 06133 .. 9800 .. 0001147322N000000000 .. 7V0000000025 0 ' , ----·-------------·-------~-----------------------~- 516970-0041-02 SHA~NON VILLAGE GP 06133 .. C/0 PACIFIC ASSET ADVISORS 600 108TH AVE NE STE 314 BELLEVUE WA 9800 .. 0000la6229N000000000 .. 7V000000002S 0 516970-0040-03 SHANNON VILLAGE GP 061334 C/0 PACIFIC ASSET ADVISORS 600 108TH AVE NE STE 314 BELLEVUE WA 9600 .. ·-------------4·-------------------~----------~-----..... ---------· ----------------·-.....------------ 0001147322N000000000 .. 7V0000000025 0 -----~--------------- 516970-00 .. 1-02 SHANNON VILLAGE GP 061334 C/0 PACIFIC ASSET ADVISORS 600 108TH AVE NE STE 314 BELLEVUE WA 9800 .. ·---·----------·-----------------------------~------~---------.-..------ OC00186229N000000000 .. 7V0000000025 0 0 • •• '\ ~· • • • ·. 'i -~ $.lf,970.-0129-07 'KELLER ROBERT H ,251 RESERVOIR RIDGE OR CLE ELUM WA 516970-0131-03 5 60 98922 SKALSKY DONALD W & DOROTHY 960443 RR :2 BOX 340 DUNCAN OK 73533 516970-013&-08 CLARK BRADLEY C 13&51 SE 107TH ST RENTON WA 516970-0137-07 OOS026 98059 POWELL KATHLEEN A+LARRY D 049999 22521 SE 47TH fl ISSAQUAH WA 98027 516970-0140-02 THARP JOHN+JULIET 359 THOMAS AVE SW RENTON hA 516970-0141-01 COOKE CHARLES M 13642 SE 107TH ST RENTON WA 799999 98055 98055 I 516970-0129-07 KELLER ROBERT 251 RESERVOIR CLE ELUM WA 516970-0131-03 ,E DR 553860 98922 SKALSKY DONALD W & DOROTHY 960443 RR #2 BOX 340 DUNCAN OK 73533 -·-----~--,.-------------. 516970-0136-08 CLARK BRADLEY C 13&51 SE 107TH ST RENTON WA 516970-0137-07 OOS026 98059 POWELL KATHLEEN A+LARRY D 049999 22521 SE 47TH PL ISSAQUAH WA 98027 ---------_,, __ . --------- 516970-0140-02 THARP JOHN+JULIET 359 THOMAS AVE SW RENTON WA 516970-0141-01 COOKE CHARLES M 13642 SE 107TH ST RENTON WA 799999 98055 98055 =====·--·-----~), -. ~-------------------····----· --...... -~-----·--· -------·-----------·-·-"" -----~----, --~--- 516970-0142-00 HARRISON STEWART+KADEARDRA 799999 10625 138TH AVE SE RENTON WA 98056 --. --·----."~-- 516970-0148-04 TYLER DAVID G+LAUREL G 13650 SE 107TH ST RENTON WA ----~--·---------· --- 516970-0149-03 PORTIN MA.RK A+LISA A 1805 ouv:iit:L AV NE RENTON ~ 516970-0152-07 009999 98059 9N9999 98056 BABCOCK CHARLES H+SONJA D 889999 1821 DUVALL AVE NE RENTON WA 98056 516970-0153-06 NELSON EMIL+ ROSE 40S006 7219 S 128TH PO BOX 78526 SEATTLE WA 98178 516970-0142-00 HARRISON STEWART+KADEARDRA 799999 10625 138TH AVE SE RENTON WA 98056 516970-0148-04 TYLER DAVID G+LAUREL G 13650 SE 107TH ST RENTON WA 516970-0149-03 PCRTIN MARK A+LISA A 1805 DUVALL AV NE RENTON WA 516970-0152-07 009999 98059 9N9999 98056 BABCOCK CHARLES M+SONJA D 889999 lB21 DUVALL AVE NE RENTON WA 98056 516970-0153-06 NELSON EMIL+ ROSE 40S006 7219 S l2BTH PO BOX 78526 SEATTLE WA 98178 • r. (' ' • __ , ~. ,,b ~.u-u 41!.lU-u o · WU t)ANIEL A+ELEANOR '+&19 .NE 18TH ST 'RENTON WA 666921-0Cl0-02 PECK ROMAN & TANYA 8075 SE SILVA AVE SNO<;UALMIE WA 666921-0020-00 G BOWEN ETHAN A+ JOAN M '+708-B NE 18TH PL RENTON WA 999 056 900003 98065 962545 98059 . ----.. --·-------- 666921-0030-08 LUK TAK SUEN & MEI SUE '+714-A 18TH PL RENTON WA 666921-00'+0-06 OWENS DENNIS 4714 NE 18TH RENTON WA . ......;.~ _ __,__ __ . L+CAROL J PL #B 881242 98059 839999 98059 fj ::>22b::>O-Q2jQ-OB WU DANIEL A+EL OR G •.·j '+619 NE 18TH I ,1 ,, RENTON WA ., ;',j ...... _. .. - ' 'i 666921-0010-02 ' PECK ROMAN & TANYA 8075 SE SILVA AVE SNOQUALMIE WA I·----·--------- 666921-0020-00 BCWEN ETHAN A+ JOAN M 4708-B NE 18TH PL RENTON WA 666921-0030-08 LUK TAK SUEN & MEI SUE 4714-A 18TH PL R E:NTON WA '~---- r 666921~00,a-06 OWENS DENNIS '+714 NE 18TH RENTON WA L+CAROL J Pl #B 069999 98056 9D0003 98065 9625<+5 98059 8812'+2 98059 839999 98059 ! . ==============~ ';====-=====:::::::.========= 666921-0050-03 IANNIELLO JACQUELINE G 4720 NE 18TH PL #A RENTON WA -·---------,----------,-- 666921-0060-01 CRINZI E PAUL+ROBERTA E 4720 NE 18TH PL #B RENTON WA 869999 98059 774841 98059 ---------------_L. -~-------------. -·----··-·------. --~ 666921-0070-09 TANINO JOHN H 4726 NE 18TH PL #A RENTON 1,A 666921-0080-07 MACKEY KENNETH & NANCY 4726B NE• 18TH PL RENTON WA. . .-~ --------·---··'".;-···. 666921-0090-05 CHVOJ GEORGE 4800A NE 18TH PL RENTON WA 860826 98059 971996 98059 982756 98059 666921-0050-03 ,. IANNIELLO JACQUELINE G '+720 NE 18TH Pl #A RENTON WA I I " ' I 666921-0060-01 CRINZI E PAUL+ROBERTA E 4720 NE 18TH PL #B. RENTON WA 869999 96059 77'+841 98059 . ---------------·--··· --·--=--:-:-=-~:.-~--------'----'----'----'-'-" _________ ,. - 666921-0070-09 TANINO JOHN H '+726 NE 18TH Pl #A RENTON WA 666921.-0080-07 MACKEY KENNETH & NANCY '+726B NE 18TH PL RENTON iMA 860826 98059 ,971996 98059 f . ~~69~1-:-0-0_9_0:05--__________ :___c_=s:_ _ ------- C HVOJ GEORGE 982756 '+800A NE 18TH PL RENTON WA 98059 666921-0100-03 666921-0100-03 ZIESKE PAUL L 839999 , ZIESKE PAUL L 839999 '+800 B NE 18TH PL 1 4800 B NE 18TH PL RENTON ~A 98059 ~ RENTON WA 98059 .::..:.:....:.:~~"'!\'JIS,tT·-c ·" r:;··"'r':''"' .... , ·w";-;r·, ··,;-•·•~:w i'Yli'!i'TilJ ·c,-... ·, -:-·v.: .-·:· ·~ rem···/ 'J .. ~ ,~il!?'Wg..,.£, 1'i!Zil"'iii-""'s"l' ·c;;r.:::::,;;;s..-:21UG!.Ei'r7'iXoi!r'ii..-1"-A"'iiM-t~~,c;,1r,; , ·· ___ · L~-~::.,.:__ C , 60692 lc:O 110-0 l HART' KEIKO K .4806A NE 18TH PL RENTON WA 666921-0120-09 FORESTER MARYLYN L 4806 NE 18TH PL APT B RENTON WA 0 )9 98059 000501 98059 ·~-. ·--·~ .-. ------ 666921-0130-07 FIVE STAR DEV 13427 156TH AVE SE RENTON WA 666921-0140-0S LEVEQUE JACK W+JANET 4d07 B NE 18TH PL RENTON WA 839d00 98056 339999 98059 666921-0110-0l HART KEIKO K 4806A Ne 18TH RENTON WA 011399 98059 .. ~-.... ·.i.-,.~:;:,_ .. ..,~ .•. ··:: ... --, __ ._ . 666921-0120-09 FORESTER MARYLYN L 4806 NE 18TH PL APT B RENTON WA 666921-0130-07 FIVE STAR DEV 13427 156TH AVE SE RENTON WA 666921-0140-05 LEVEQUE JACK W+JANET 4807 B NE 18TH PL RENTON WA 000501 98059 839800 98056 839999 98059 ...!. ,. ·-~-:.,,•,:_ ---· ~-----:,_._. '_. ------~.-... ~.'..._,_ ::,,· •• • • -• • -.-::: .,.: ... • __ ,, ___ •• , __ .. ---~-----: _:::_~::" .... · __ ....:.....:.. __ ·..:.....__.;_;_~.,- 666921-0150-02 BOURQUIN REYNOLD D 4801 A NE 18TH PL RENTON WA 009999 98059 · I 666921-0150-02 OURQUIN REYNOLD D , 801 A NE 18TH PL i ENTON WA ' I ,, •, 009'.l99 98059 ===·=:: .,,,.,::s:,:c, '"""""' .,.,,,.,,:;:;,. '""'"""":,:. :Z::,/ ,:::i::, ·==~:=·.C::-:C:: •.• ==:'. ---·- 666921-0160-00 DUNBAR KATHLEEN E 2516 NE 24TH ST RENTON WA 666921-0170-08 FOUNTAIN TIii N+JEAN M 4725-A NE 18TH PL RENTON WA ·' 009999 98056 839999 98059 -----------·-·---~-. ------------------------·-------- 666921-0180-06 KINCAID KENNETH J+KUMIKO YA859999 4725 NE 18TH Pl :a RENTON WA 98059 666921-0190-04 SIMMONS JANET K 471'.l NE .i8TH PL :19 REN TON i..A -·------.. ·-·-~-·-- 666921-0200-02 019999 98059 TORGERSON RONALD O+MARYBETH039999 4715 B NE 18TH PL RENTON WA 98059 -------------~---- 856190-0010-03 HILL PAULINE S 4808 NE SUNSET RENTON WA 000071 BLVD APT A-101 98059 f' 666921-0160-00 1 DUNBAR KATHLEEN E 009999 98056 r ' 2516 NE 24TH ST ' I RENTON WA 666921-0170-08 FOUNTAIN TIM N+JEAN M 4725-A NE 18TH PL RENTON WA 666521-0180-06 839999 98059 KINCAID KENNETH J+KUHIKO YA859999 4725 NE 18TH Pl :B RENTON WA 98059 666921-0190-04 SIMMONS JANET K 4719 NE 18TH PL ~19 RENTON WA 666921-0200-02 019999 98059 TORGERSON RONALD O+HARYBETH039999 4719 B NE 18TH PL RENTON WA 98059 ,-------· --------------~--~-----------------------~-- ,. j .:I '1 J. 856150-0010-03 HILL PAULINE S 4808 NE SUNSET BLVD APT RENTON WA 000071 A-101 98059 (\ \ __ : 'j) ' -\ ' 8561';10-0020-01 I 856190-0020-01 ··. PETR\JT DOROTHEA "" 9 ';19 ·:,:·1 PETRUT DOROTHE 969999 4608 NE SUNSET BLVD ~Al02 ,;'.1 4808 NE SUNSET D #Al02 RENTON WA 59 il RENTON i,,IA 98059 I . ' ·1'; ·: ' ----,:-:---:--. -.. ~ .. ~.·:-. ---.. -.. ,.-,_-. -•. -.-.-. -;.7.~·-.. ~=~-~~~~ ,.°"!',t•, \._~-.• -•. -, -· • ~ •" •. ~::.,.l,',:'.l"~L'~-~·-·· .-., ..-.• ,x::;-;:-:,-: .. 1i 85619C-0030-09 KRIER LESLIE A 4808 NE SUNSET RENTON WA 856190-0040-07 BLVD #Al03 659999 98056 DEL ~ALLE BEVERLY J 659999 4808 NE SUNSET BLVD #A 104 RENTON WA 98059 85Gl9C-0050-04 SABOL GEORGE ANTHONY+CATHER049999 4808 NE SUNSET BLVD A 105 RENTON WA 98059 --. ' --···'-----~----· __ -___ :-.-. ____ ._._. -:r' .. -,._ ___ -----· -...:.: -_,_ --·_ -~-~---------------~ 856190-0060-02 GUNN EUGENE I+GRACE E 669999 4806 NE SUNSET BLVD #Al06 RENTON WA 98059 1·n·.I.. 11· c·H 856190-0070-00 RALEIGH LINDA J+MUNDIE PRIC659999 4808 NE SUNSET BLVD #B-101 RENTON i,,IA 98056 ,, :1 ,! 856190-0030-09 KRIER LESLIE A 4808 NE SUNSET BLVD #Al03 RENTON i,,1A 856190-0040-07 659999 98056 DEL VALLE BEVERLY J &59999 4808 NE SUNSET BLVD #A 104 RENTON i,,1A 98059 856190-0050-04 SABOL GEORGE ANTHONY+CATHER049999 4808 NE SUNSET BLVD A 105 RENTON WA 98059 L ____ _ 856190-0060-02 GUNN EUGENE I+GRACE E 669999 1+808 NE SUNSET BLVD #Al06 RENTON WA 98059 856190-0070-00 RALEIGH LINDA J+MUNDIE PRIC659999 4808 NE SUNSET BLVD #B-101 RENTON i,,IA 98056 ------·---~------. ·--~-----···----------; ... :,.,,, ... , ... .......c.,_ .• ~;,.,.-.::;w-,,,..----·c~--.,.,,....-~_.:__ __ -:.......--,--,,~..,_ .. __ ~ ~ _:~·::_-:: .. ~----~-----.. ___ ---·-_ --------------------- 856190-0080-08 DIAl"IBRI JOSEPH '+808 NE SUNSET RENTON WA A BLVD .II 102 659999 98056 :j :1 1 856190-0080-08 DIAMBRI JOSEPH 4808 NE SUNSET RENTON WA A 659999 BLVD B 102 98056 ·• ----. --·----~~-~ •.. "'..L .. -~-. ..,_-cc:::.......----:-~g..:::::.:;.,.__~~----,..,..~,;-:--~-r·....,.:r:r .... t..:. ~-~-.-:--... :.:~=--=--:::::.:·=-..::::.:.:....i I 85619C-OO'I0-06 DILLON BRENDA L 4808 NE SUNSET BLVD RENTON WA 856190-ClC0-04 DUANE JOSEPH T #B-103 4808 NE:SUNSET BL #B104 RENTON WA. 85&190-0110-02 669999 98059 009999 98059 SCHARER JANICE R 649999 4808 NE SUNSET BLVD #Bl05 RENTON WA 98059 ' 850190-0090-06 DILLON BRENDAL 4808 NE SUNSET RENTON WA 856190-0100-0't DUANE JOSEPH T BLVD #B-103 4808 NE SUNSET BL #8104 RENTON WA 856190-0110-02 669999 98059 ,009999 98059 SCHARER JANICE R 849999 4808 NE SUNSET BLVD ;Bl05 R~NTON WA 98059 85619C-0120-00 856190-0120-CO MRACHEK GREGORY D 659999 'L:RACHEK GREGORY D 4808 NE SUNSET BLVD ~B-10& ,' 4808 NE SUNSET BLVD #B-106 RENTON WA 98059 j RENTON WA ~~--· scu:,•.-M..,. ,, ;; , -..-... ''ii ,".2"' ~ nr::;,:r:'"" tiT!&T'l~'!T'.!1:,"'JC ;u2r:ie1"'«m,,;;~. • '~1 .. 1,1·r..,..-7'QC;..,....,:,'0!£'11:7._,r,e1& ,,..., "7,v» 659999 98059 • ,. r -----··-·-···---~--~----------------· ----··-85619<;-0130-08 ·:1 056190-0130-08 SCHALL EVELYN M '4808 NE SUNSET BLVD =clOl RENTON -,A 85619C-Ol40-06 99 'Hl056 MEZHERITSKY VITALY+EKATERIN659999 4808 NE SUNSET BLVD =c102 RENTON WA 91!059 856190-0150-03 MILO CLEMENTS E+PAULINE A 659999 4801! NE SUNSET BLVD =cl03 RENTON WA 98059 856190-0160-0l PARK KYUNG-JOONG+HEE-JOO 719999 4801! NE SUNSET BLVD =Cl04 RENTON WA 98059 ,-----~ -----------·------------------~-· ···-··----. ····-· 856190-0170-09 GEIVETT ROBERT 4808 NE SUNSET RENTON WA --------· -·--·-~·- P+TOMI J BLVD #DlOl 659999 98059 ·I ,[ SCHALL t:VELYN i '+1!08 NE SUNSET RENTON l.iA 856190-0140-06 __ vo =c101 98056 MEZHERITSKY VITALY+EKATERIN659999 4808 NE SUNSET BLVD #Cl02 RENTON IIIIA 98059 856190-0150-03 MILO CLEMENTS E+PAULINE A 659999 4808 NE.SUNSET BLVD #Cl03 RENTON l.iA 98059 056190-0160-0l PARK KYUNG-JOONG+HEE-JOO 4808 NE SUNSET BLVD #Cl04 RENTON WA 719999 98059 • I !~-----------------. - ~s. ----· -·--·---------·-------·-----· -------- 856190-0170-09 I GEIVETT ROBERT P+TOMI J 659999 4808 NE SUNSET BLVD #0101 RENTON WA 98059 ==:::; ':::!....._ ··-..:.. .. =--=----=--=-==--· ---~---· --=---.-----------~-.. -.. --:.-=: : I 856190-0180-07 BERNSTEIN STEPHEN E&MIKEL AOD4614 4804 NE 124TH ST #D102 RENTON WA 98059 -=-=--= ~ -. .,. ·.....:.::......~' .....:__.__.._. _ __..__.--·_~--~ -_--_ . . ' 856190-0190-05 KAWANISHI JOZO 60A001 4808 NE SUNSET BLVD #D 103 RENTON WA 98056 ·' 856190-0200-03 kAMIKAWA JOSEPH+KEIKO 706 S 32ND PL RENTON WA 856190-0210-0l 714635 98055 FUNETES :A.NThONY J 659999 4808 NE~SUNSET BLVD D0105 BELLEVUE~ O!A 96059 656190-0220-09 BRAATEN ROY MYRTLE 7N0555 4608 NE SUNSET BLVD DD-106 RENTON WA 98059 -~~-·--~--·-'--'-'--------------- 856190-0230-07 ANDERSON MAXINE T ~808 NE SUNSET BLVD RENTON WA #E-101 699999 98059 '' i I I , I ' i 856190-0180-07 BERNSTEIN STEPHEN E&HIKEL A0D46l4 4804 NE 124TH ST #D102 RENTON WA 98059 ---.. ::...· ,. ___ .. --------~ ---- 856190-0190-05 KAWANISHI JOZO 60A001 4808 NE SUNSET BLVD #D 103 RENTON WA 98056 -------------------------- l\56190-0200-03 KAMIKAWA JOSEPH+KEIKO 706 S 32ND PL RENTON WA 856190-0210-01 714635 98055 FUNETES ANTHONY J 659999 4808 NE SUNSET BL\10 #0105 BELLEVUE l.iA 98059 856190-0220-09 BRAATEN ROY MYRTLE 7N0555 4808 NE SUNSET BL\10 DD-106 RENTON WA 98059 ~-~-- ' 'I ,,' i.·.' '· 856190-0230-07 ANDERSON MAXINE T 4808 NE SUNSET BLVD RENTON WA #E-101 699999 98059 - ,. 85619C-0240-05 MARSHALL CLAUDIA K 99 4808 ~E SUNSET BLVD #E-102 RENTON WA 98059 85619C-0250-02 WHELAN DANIEL J+KIMBERLY A 009999 4808 NE SUNSET BL #El03 RENTON WA 98059 856190-0260-00 KAWANISHI JOZO 6906 115TH PL SE RENTON WA 609999 98056 ··.1 856190-0240-05 MARSHALL CLAUD 4808 NE SUNse· RENTON WA .. -···· ... '. _, .. _ .. _, ... ,. .. 856190-0250-02 K 679999 0 #E-102 98059 WHELAN DANIEL J+l<IMBERLY A 009999 4808 NE SUNSET BL #El03 RENTON WA 98059 856190-0260-00 l<AWANISHI JOZO 6906 115TH PL SE RENTON WA 609999 98056 85619C-0270-08 856190-0270-08 BEACH DELORES A 073224 BEACH DELORES A 073224 98059 4808 NE SUNSET BLVD #FlOl 4808 NE SUNSET BLVD #FlOl RENTON WA 98059 , RENT ON WA I ' , ---·--c· __ --·-=·--=··= --=·. --=-=···,,,,:-:.·::.=:.::...=··L_==-=::· ... · ,t· 85619C-0280-06 BEC l<ER LOR I A 4808 NE SUNSET BLVD #Fl02 RENTON WA 856190-0290-04 699999 98059 LEDGERWOOD DAVID L+KIHBERLY679999 4808 NE SUNSET BLVD #F-103 RENTON WA 98059 85 6190-0 28 0-06 BECKER LORI A 4808 NE SUNSET RENTON WA 856190-0290-04 BLVD #Fl02 699999 98059 LEDGERWOOD DAVID L+KIMBERLY679999 4808 NE SUNSET BLVD #F-103 RENTON WA 98059 -. -· ··----. ' -----------·-------------·----· ------··----~----------------------. . ·-------·-------------------------- 856190-0300-02 FRASER HARSHA L 4808 NE SUNSET BLVD RENTON WA #Fl04 949999 98059 . r ' : . ; ·;1 i'.I 1· l 856190-0300-02 FRASER MARSHAL 4808 NE SUNSET BLVD RENTON WA #Fl04 949999 98059 I .=.::...=:...::::··:.!.,'--::..· .:::;.c.=.c::s-·,:,:, cc·==· ~C::· =· =c===·· ====-:,.-=;c -~. ~----·-"-:T"" -· ==========~-856190-0310-00 · IP YUN HAY+LAI PING 679999 4808 NE SUNSET BLVD #Fl05 RENTON WA 98059 856190-0320-08 LIVINGSTON.JEROME E+JACQUEL699999 4808 NE }fU#SET BLVD #GlOl RENTON WA 98059 .. • 85619C-0330-06 UMETSU TED I< 609999 4808 NE SUNSET BLVD #G 102 RENTON WA 98059 856190-0340-0't LENDY CURTIS E+LINDA J 609999 4808 NE SUNSET BLVD #G-103 RENTON WA 98059 •i 'I 856190-0310-00 IP YUN HAY+LAI PING 679999 4808 NE SUNSET BLVD #Fl05 RENTON WA 98059 856190-0320-08 LIVINGSTON JEROME E+JACQUEL699999 4808 NE SUNSET BLVD #GlOl RENTON WA 98059 -----. ·-~----------~--· ---:_ _____ .• j~-----. -- 856190-0330-06 UMETSU TED K 609999 4808 NE SUNSET BLVD #G 102 RENTON WA 98059 .-------------···------~----~--~-- 856190-0340-04 LENDY CURTIS E+LINDA J 4808 NE SUNSET BLVD #G-103 RENTON WA 609999 98059 i[ -· +-.··••• •••-• •• o -----• ·-·---~ • •, -•• --·-......---,~ •• , •• ,., •• , ••. K.,,,_,. __ y • ,...., T " ".r"'-. ....... •• ,..-• •••• ------------,-....... T ----·•.-,•-c~--..... ,•T. "•'' •· •• ..... , ... .,.., •. ,- ' ·' L 85619ll.-0350-0 l NELS'ON PATRICIA •PO BOX 1533 MERCER ISLAND WA L+LEIGH KAR8 99 96040 '·i ' : ; 656190-0350-0l I NELSON PATRIC! +LEIGH PO BOX 1533 MERCER ISLAND WA KAR679999 96040 ~~: ,I'-\ ,•Jl ~ .\ .1-::.'....1. , •. ~ ~;-.-,-, .•• -, ,-J=J,·,-.~-.-,--,-.,;-.~-.t.-.~-· .~.,-.-.• ~.-~s:-.. ,-.'w :; l-.-,-.,.,-,,-,-, .-,-.,.-.1.-,.-... ,.-.-,-, ~~ c ·-.~ •• -"·-·,-·.,-, -,-,-. -,.,,•;,'~-.-.,~ .... -,--~-~·--~ i j 656190-0360-09 BAKER At,OELEE J 4808 NE SUSNSET RENTON WA 963904 BLVS 3 HlOl 96059 -:;:::---~·----.--.---... ---_ -· '-~--. ·-· .. ·., •... < .. ~ --;:r-:7 .. ,.·.' ..... ~~ - 856190:-0370-07 COOK CECIL KENRIC 099999 4608 NE SUNSET BLVD #Hl02 RENTON WA 96059 65619C-0330-05 KILLMER JUNE M ODS022 4608 NE SUNSET BLVD #Hl03 RENTON WA 98059 --------.. ----~--·-----~--------------.-·-------"-"'"·------·---------·---·-··-·--·-----···-----· 856190-0390-03 TANAKA JUN+TERUMI 679999 4608 NE SUNSET BLVD #H 104 RENTON WA 96059 856190-0400-01 FOLK SIRI M 4608 NE SUNSET BLVD #Hl05 RENTON WA 656190-0410-09 WOLK RAYMOND A+ANN M 4608 NE SUNSET BLVD #H-106 RENTON WA ·' 079999 98059 609999 96059 ·-. ---------... ------~-.'... .. --~-. ____ _-------------------------------· 000000-0000-00 •-··,, ., . ... . . ,•·: . ·,,.,.- ., ... -..;. ,: .-,,-;. •·\'':A:-~-·.,.. .. ... . ·~i.·i~ -·:·'I_.,; .. :/.:)£-i -·,7:~~, ";; ·-, .. ,t:; ,, . ·l ·i I I ' " I I 856190-0360-09 BAKER ANDELEE J 4606 NE SUSNSET RENTON WA 656190-0370-07 963904 BLVS 3 HlOl 98059 COOK CECIL KENRIC 099999 4608 NE SUNSET BLVD ~Hl02 RENTON WA 96059 856190-0360-05 KILLMER JUNE M 4806 NE SUNSET RENTON WA BLVD #Hl03 ODS022 98059 '----·--·------------------'··-·-··' --__ .---· 656190-0390-03 TANAKA JUN+TERUMI 679999 4806 NE SUNSET BLVD #H 104 RENTON WA 98059 ,. 856190-0400-01 FOLK SIRI M 079999 98059 4806 NE SUNSET BLVD ~Hl05 RENTON WA r;~~;_-;~4~0-09 ' -,----~-·:-==:c..----=.::c.=-~ · i WOLK RAYMOND A+ANN M 609999 j 4808 NE SUNSET BLVD ~H-106 4 RENTON WA 98059 i .---·-·-------------·-~----· -----~·- . ....... t ' ' DA.TE: LAND use WJMSER: APPLICATION NAME: January 31, 2001 LUA.01-00ll. SA-A. ECF BALES COMMERCIAL CENTER PROJECT DESCRIPTION: Tha applh;11nt hu r.qu11t1d Ille plan revlaw and approve I of II thrN•lltory, 24,B611q.ft building. The propo11d uau wo11ld b, rettill 1nd office. A portion of the parking would be 11ndtrth1 1tructurw. Envlronm11rtal rtvllW Is r1q11lred. PROJECT LOCATION: 4701 NE 18" Pllico OPTIONAL DETERMltiATION OF NON.SIGNIFICANCE, MITIGATED (DNS, M): A! lhe L&ad Agency, the City of Ren Ion has de!ermined that signlfJcanl an'lirorunanlal Impacts 1>"8 unlikely lo result lrom the proposed prcjacl. Tharafore. as permltled under the RCW 4J.21C.110, the Cltyol Ranton Is u1lng the Optiooal DNS(M) process to give notice that a DNS-M Is likely lo be i&11ued. Comment periods for Iha project and the proposed DNS-M are inteoreted Into a single comment period. There wlll be no commoot period following Iha luuallee or!ha Thraahold Determ1n11tjon of Non. Signiflcanca Mltlga!ed [DNS·M). A 14-day appes! penoo' wYI follow the Issuance of the DNS·M. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: January 25. 2001 January 31. 2001 Permlts/Ravlaw Raqueated: Other Permil.f whleh may t,e required· RaquB1led 511,JdiBI: LOl.llllon whB/"6 application may be rev~: PUBLIC HEARING: CONSISTENCY OVERVIEW: LllndUH: -,Envllonm1nt1I Docum..,ts lh11t Evaluata tha Propoud Proje<:t; Davalopmant RtgulaUons Uud For ProJtcl Mlti1111ion: PropoHd Ml!lgirtlon M1u11r11: Enlllroomental (SEPA) REll'iew, Administrative $Lie Plan Approval BuildinQ Permfts PlennJng,'BOJidlng/Publlc Work& Ol\llsl<:in, Development Services Department, Renton City Ha], 1055 Soulh Grady Way. Renton. WA 99055 WA Vacanl GeoteOOnical Engineering Report, Dremege Report Renton Municlp.al Code, Chapler 4, ·oeveloprnent Re,gulatlons• 1. The a;,pllc8nt shal pay tho applicable Transportation Mil.lgation Fea at Iha rale of $75.00 per each new average weekday trip atlrlbutable lo the project, e1llmeted to~ 9.~!i 8'/eraga weekday trips pe.-new residence. The Transpo,llltion Mit~tioo Fae Is due prior to buildir\i ?9rmlta. The l!!!Pilcant shell pay the appropriate Fire M,Ugation Fee at a rata ol $0.52 per iquera lool of buLlding araa. The !ea IS due prior 10 building permits. NOTICE or 1'PPllCATION Comments on the ebo"" appllcabon musl ~ subm;tted in w<mg to Elizabeth Higgins. AICP, Pr,;,jec;t Manager. O,rn,i0pm&r1! Services Division. 1055 South Grady Way, Renton, WA 96055. by 5:00 PM on f.,t,nmy l' 2Q01. II you ha...e quesliofls aboul this p,opos.al. or wi!;h to tie made a party or rocord and recel\le addaionat nolirlClll:,on by mal. c.r,ta<;t the Project Manager. An'jOne who submits wrttlen comme,nts will au!Qmatically become a 11,arty ot rocord and ,oil ~ notified d any claci&ion on this pn:,jeci. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDEtmFICATION CONTACT PERSON: ELIZABETH HIGGINS (425) 430-7382 Pltiue nnd me notll!cJ,tlon of Iha public hurin1,1 Jnd uther ufficlal notices concerning this appllca~on. FIie No. LUA--01--009,SA•A,ECF -BalH CommGtdal Cent•r NAME:--------------------------- A.DD RESS;---------------------------- Tl:LEPHOHl!NO.: ------------ MIIU to: Cttv ol Rlonbl, Dev•lopm•nl Plannlng, 1~~ So. Grady Way, ~nton, WA 98055 CERTIFICATION I, f~/t:J[i,\ ) r:, , , , hereby certify that ,_) copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on .:] "'-o 3 \ 2 on 1 Signed: tilL« /2e, ATIEST: Subcribed a¢,:~m before me, a No~ PuQlic, in and for th€state of w ashington residing in ~ f'Ji':tl , on the dpj,..J clay of-7na._ 1 AJ J wro / !fie Jesse Tanner, Mayor January 31, 2001 Mr. Wayne lvary lvary & Associates Architects 5651 University Way NE Seattle, WA 98105 SUBJECT: Bales Commercial Center CITY~ RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Project No. LUA-01-009,SA-A,ECF Dear Mr. lvary: 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. It is tentatively scheduled for consideration by the Environmental Review Committee on February 20, 2001. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me, at (425) 430-7382, if you have any questions. Sincerely, £/i~'r7--~ Elizabeth Higgins, AICP Senior Planner cc: Mr. George Bales/Owner 1055 South Grady Way -Renton, Washington 98055 @ This paper contains 50%, recycled material, 20'% post consumer ZIP: I TELEPHONE NUMSER 'J,(>(p, 5! o ~ ~ z I Pf.,OPERTY/?ROJC:CT .A.DD ~ESS(S)iLOCA T ro.~: DJVAt,l, M'f N,f--~ I Ne: / t;-f-.. ~-f.. ! K!NG CCJ~TY ASSESSOR·s t,CC'.JUNT NliMBER,$J , .-z r; o1, c._ 4u· -(\, -:;: r, . 0-c:;... I Jt,, _,. I J J £-,V ' ./ CN 21>ME ! i~RC 0 LlSED lAND U$ES j COM?M~Y r1F applicable}: I EXISTING COMPREHCNSr\/E -"LAN MAP DES/GNAT ON i \'/AIL"L1 . .L-f<.::c.;&SC--()=C,j'-frl"f,-'--S __ __, J Nl V~::i \"t'f W'C NE. I ,. 1'. c w-ru. NG1 '.{ttl3012ttoco . Gr~ ! PROOQSEt :o~PREHENS!VE FLA~ MAP DESIGNA,IG>: '.f · appl·cableJ : CN U?;N.,~ ,~£;{~}li3~12-m1on S't~lll.-1:, ZIP :'}f5t 6~ j IEXISTINGZONI/\G: CITY: ~----Jl'>i,Jc:.~----------I I 11 CK '0026 b=i-=:a:;;:v-:c,=========~=;,-c:-:=c-'' ! PROPOSED ZONING (ifapFlicabJo): · .. -~~iiflt~,1{lt1,,1,j ~ I G"l 1-1'-AM_E_: -~-· _?f_N_:c_._l_'/1(._~_'1 ______ -4\ I SITE Ai ;Q) ~:;REA:.-f COMPANY (ir a,:,pl\cable): f 1--_;_\ y.,_n.:,...;_, --'x-~ _,_M.;:...S.,,__ 6C-'C..-'.1n_z'i"'f.;._"-.;._. _,; __ ~ (ROJ;TV~LU~oo, ciou ' '>.;~~ ,,'[;f)r>i''CLN' uc I. T( '/../ ' IAJDRESS 51,.,<;1 Uf'l.ww::,/ , W\, rt i 1 _,,,., l IS T--IE SITE LOCATED JN THE A,QlJf;'E~ ?.~OT~CTION ARE.A? .---------------------! I ,M0\'ftftl 711-0lflTioN H-f-A 2-21?: 1 IS ThE SITE .OCATED IN ANY OTHER "TYPE OF EWIP.ONMENTALLY SENSITI\/E AREA 7 TELEPHONE NUMBER and E-MA!L ACDRESS: Jt,Y.:,· 57,,-S 802() JIJ'l"((':fPNW!JNV -·AM • A.NNEXI\T!ON $ i= COMP. PLAN AME\DMENT $ ___ _ ' REZONE $ __ _ I= S~ECIAL PERMIT $ __ _ TEMPORARY PERMIT $ ___ _ CONDITIONA~ USE PERMIT $ __ _ ~ Si'E PLAN APPROVAL $ __ _ GRADE & Fill P:RMiT $ ___ _ l ~BDIVISION: ' I ':_ LO-LINE ADJUSTMENT I SHORTPlA"." I, TENTATIVE PLAT , ,-PREUMINARY PLA.T I = FINA,L PLAT (NO. CU, YC::S ____ _, PLANNED UNIT 02/ELOPMENT: VARIANCc: $___ I (FROM SECTION: ) I PRELIMl~ARY WAIVER $ I -f"INAL "l I $ ___ _ $ __ _ $ __ _ $ __ _ $ ___ _ $ __ WETLAND PERMIT $,___ ,1- ROUTINE VEG::TATION II I-I M_O_B_l-~E-H_O_M_E_P_A-RK_S_: ______ $ ____ , MANAGEMENT PERMIT $____ ---- BINDING SITE PLAN S--==~-----, SHORELINE REVIEWS: SUBSTANTIAL DEVELOPMENT $ __ _ _ CONDITIONAL USE $ __ _ VARIANCE $____ t' l"' -E_x_E_M_P_r_,0_~_1 -------~$N=o=C=oa=r=ge~-~ ~ ENVIRONMENTAL RE\'IEW REVISIO~ $ - $ __ _ I, (Print Name;· ~J::Nf 'Yf(fl.'t declare th.at I am (plea,~ c1eck. onej _ the owner o! the property involved in th~ appl:cation, ~-the autM1nzed repre,ertat1v& to ac1 for the property owrer (please attach proof of authorization). anC tnat the foregofr:.g st:ate-ments a~a insweri heret:i contained and t."2e in,.crmation herw.ith submitted are in a!I respeds true and ci,rrer;t to the best of my k:nowlec:ge and oe'.iet. f:AME: . . ·!t1~11· 'Ct,:'.;:-_,i;;_;;S·-':'--__:'' -',?.~(~I I Gt. Ji<, BN-~S ! ------1 ?o 't>c~ 301S-I ADDRESS: ~;\%·:ttgti,Jsg~,lfN~~].jflp)ifc:J;c,.,:c, · , . r~ ""'--' '"-' h..;.!.a.;.~ .• •\-,. '·-,,.':'..,·:~·~:'';r" ;:..:..'..-J I PROJECT OR DE'/l,LCPMENT NAME· i \ Ph.,t,s. C tMr\~i<l.-C.tt-lTP~ ! \ ?ROPERTY'PROJrc-r ADD'lESS!SitLCCATION I j !)l)V,1\1.l. p.JJ B N,1:.-~ I Nf:, Ji)T"' l>lf(,£ \ KING COUNrY ASSESSOR'S ACCOU!\T NL::/BER(S): I 321540 -01 zo-o s i , EJ<ISTl~G Ll'ND ~SE(S)· I CJ~ "ZJ)tlE I PROPOSED LAND USES. 6'fflC{; EX!SnNG COMPREHENSIVE ~LAN ~AP DESIGW\TiON Ca_~ ,'i.S-IC..li Bo~6 p : PROPOSED CCMPF~EHENSlVE PU,),l MAP D~SIGNK'iON trf ZIP: tj8{ 6S \ . appiJca!ie) (:I{ c~-4-N£/4tl e,t,14f'oo:) I EXIS;:;,G ZONJNG 1 fELEl'HCNE NJMBER: ZOIJJ , I C"1 I . '" PROPOSED ZONrNG ('.I applicable): c~ I Sl'rE AREA (SQ. F1. OR ACR~ClE': ' f-C-0-M-PA_N_Y_(;f-ap-pl-i::a-o-le)-: -----------·1 1 V/ct-1 ) />6'1:I) m s I i f PROJECT VALUE: ADDRESS: iS THE SIT,; LOCATED lN THEAQUIFE~ PROTECTiON AREA? ic1n: Sf/\TI/X, ZIP j8,/ 05 \ /Gi\-t-lt;K WtJw:;Tt~ ft?/<, Z.. ' ,1s THE SITE LOCATED :n ANY OTHER TY"E OF ENVJqcNMENTALlY I I SENSITIVE AAEA? \ TELE?HONE NUMBER snc: :;,.MAIL ADDRESS \ t]..q~-blS-f;,()2/) tv~'\ e~t,\K...(.LfTI l MG ANNEXATION $. __ _ COMF. PLAN AlvlENDMENT $,----- REZONE $. __ _ SPECIAL PERMIT $. ___ _ TEMPORARY PERMiT $ ___ _ t,,-CONDITIONAL USE PERMIT $. __ _ ' V SIT:: PLAN APPROVAL $ ,-GRADE & FILL PERMIT $--- (NO. CU. YDS: ----~ VARIANCE $. ___ _ (FROM SECTION:. ___ _; WArlER $ WETLAND PERMIT $--- ROUTINE VEGETATION MANAGEMENT PERMIT $ __ _ I BINDING SITE PLAN $ I SHORELINE REVIEWS: SUBSTANTl,OL DEVELOP~ENT $ __ _ 11susD!ViSICN I ' I_ LOT UNE ADJUSTMENT ! _ SHORT PLAT TENT A"TIVE PLAT I = PRELIMINARY ."LAT I -FINAL PLAT I 11 PLANNED UNIT DEVE~OPM!:NT: :_PRELIMINARY i FINAL ,-,, I MOBILE HOME PARKS: CONDITIONAL USE $ VARIANCE $ ~ ' '-=.'cEc::XE~M~?:.:T'.!:10'....N-------..!$$:,,N=o =C=ha=,g=e ..!i. ENVIRONMENTAL REVIEW ~ REVISION c. $. __ _ s ___ _ $ ___ _ $. ___ _ $ ---- $. __ _ $ ___ _ 1, (Priil! Na"l'le} ~)1,Jf. \'ffl ,.declare that, am fplease check onE-) _ ~he owner of lhe oreperty involved In this s1pp;ica1ion. t~,e auth:iriz:el1 repre!ll:?!"ltative le aet forth1!1 property ow,er \please a~aeh proo11Jt autnorization;, a~<:1 tl'iac the fa,egoing s~atemerus and a:iswers herein containee and the information herewrtn s~bmitted are in a.:l respect~ true .arid cor.ed: :o the bes: o~ my k.r1owiedge .and beUef. MAST.ER<\P. DOC RE'VlSEO J3IOO • . "'-. '---• .. ' . ; f :a~:~fff.,~IiciWa'.!jige!'ftlt'¢~~-~!lj~ r1;\,~i,1t,i'.:.•; ·.··•·· :· : ·11PROJE:TOR DeVELOPMEW NAME: . . -1 I I ,N,eS lf:iri.~~£.eDAL (~fff~ NAM:: ~~e:::....::----~t I . PROPrnTYIP'ICJEC~ ADDRESS(S)/LOCATION: ' Di:iVl<u.., Mt-WC--I ,1·r1 }?AL,f::<S !ADDRESS t':::-1 Po C>D'J< 3o, 5" 1\/£: / 5~ fut"vf"v ICITY: ZIP: KING COU."IT'!' ASSESSOR'S ACCCU'lT NUMBER:s,: I TELEPHO~E NUMBER 1.(2.S" • 'fl...,. 0 I '11 I l COMPANY (i' •Pl'iicab'e): _ l~Y !ADDRESS: 5&51 I lc·rr -1': ~/,1:, \ TE"~Pr<ONS NUMBER: ZIP WK EXISTING LAND us~;S): I I , PC.:OPOSED i..A:\10 WSES: I I EXtSTINC? CO~,PFi!:'.HENS!VE PLAN r,,11,Af DES!'3UATION: < I" a rp;o ,~..r.:v: ,LIQ A (J ,+,, (;{\ GN. ~lof'<'' ~ ,-<.-OVi~JC \.. \ PR~POS~D COMPREHENSIVE PL~N MAP DEB'GlsA;\01', (if \" 0 ''~'; Ut-v.r'~ Hfuttf36ettl,~O I EXISTING ZON NG CN I ?R.::JPOSED ZOl\'ING \ii appl!ceble)· \StTE AREA:~ FT. GP ~CREAGE)· I COMPANY (d ai,plicablo)· I 1· r; Q Ll.CiLl-r, --~~-, ~;-1 r1 s.+. ?ROJECT VALUE· \JN2-,J 1I/766 1 06 (\ iJ N t V ft,-'3 tN' l,./Y Nf, I 1 ·--------------------"' \ IS THE SITE LOCATE!) I~ TdE AQUIFER PROTECTION /\R;'.A? I ~· r i(';:(~ :it5\t:£f/(,/\; ~ 2-I I\DDRESS: 1-------------------1 IS THE SITE LOC. AiED l"IAIIY O,HER i'l'PE OF ENVIRONMEN,.~LL V I S£NF;\TNE A.FaA't I TELEPHONE NUMBER and E-MAIL ADDRESS: · ' ,., 1 · I /..J.(j I 'J.i.J..f • 52 7 ' 9)6 ZJ..> \ l{/"1!::ft°/4'../U/1,/(.. ( t,T'\ I V I I CiT'r: ZIP: 1 ' l~~~'(.'.*·;·~l!EGAiJbES'-'RJP.;rn1·011Nji;:J§coifEDT¥ffAffach. ':lte" "~.·1·''i"ti'""""t•.·•;t.,,'·'".·.· •... ',. .. '")'.fli,:;)",}":f!;,•:•. 1 i . . .~ ... , .• ...... ,. .... 1:: .... !Jl ...... ,,.,.~;.!;!w.!., .•. .-.. J:>e ..... :w ........... ,., .. P.ll.ra .. ~.~ ... !lit.· 1.r.Ql!.Cl!.S~.llrY ·"""''"'~ ".es~ i-------------------------------------1 L 6T /'2 1 I _ANNEXATION $ SUBD!VISI0'-.1: COMP PLAN AMENDMENT $ : REZONE $ _ '.OT LINE ADJUSTMENT $ 1= SPECIAL PERMIT $ _SHORT PLAT $ _ TEMPORARY PERMIT $ TENTATIVc:: PLAT $ I'<:-CONDITIONAL USE PERMIT $ PRELIMINARY PLAT $ .:J.. SITE PLAN APPROVAL $ F:NALPLAT $ GRAJE & FILL PERMIT $ (NO. CU. YDS: 1 PLANNED UNIT DEVELOPMENT $ ! VARIANCE $ (FROM SECTION: PRELIMINARY WA,VER $ FINAL WETLAND PERMIT $ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ BINDING SITE PLAN $ \SHORELINE REVIEWS: I _ SUBSTANTIAL DEVELOPMENT $ CONDITIONAL USE $ , j \, '"" OSMCNT "'-,ev,ew VARIANCE s EXEMPTION SNo Qb.ii:ge s REVISION $ 1- I, (Print Name) ~ytJf< \\Jfdl...'l' , cedimt ('lat i am (pleese ctieck one)_ the ownef o-f the pr::,perty Involved in this ap:iiieation. u,e ~ut~oriz:cd represer.lilttve tc, act for u,e prciperty owner (please attach proof of authorization), and tt,at the feregoing statements and answers herein conta;n@d and the information herewith suti,i,lned a~ in aH ~pects trJe and corred to the best of my knowled'Qe arid Celief. ~ner/Representative.) ~-~ (Signat"re cl Owner/Representative) __ .•. _.,,,,,,,, ..:r-:-~. \... G 11,, ,,, ATTEST: Subsctibe<i a d sworn to before me.,r,~-?· ""~9· "~~<'y...,.11 tcirtheStateot '11. s;'idlngil: ,'1~ .··,s,S1 '~--r-;;. T~'• I tfJ on lhe l~ ~Y.~:,; ~ ."R" '1'··. 11 20t'(.>. ' I : O ~l; '"' ' [1l ', ~ -~ :0 -"-m: I Maham\ \ Pursue ,./ J nature of Notary Public) 11 "I'>,:.<.'.?. .. :::-·::&": ,,·('·OF ~~/ ,LOPMENT SERVICES DIVISION WAIVER OF SUBM11 TAL REQUIREMENTS F~,t LAND USE APPLICATIONS '' J.:ANDU§.E:l".E:.BM.1T§9§M!TJ:!l-t.'.' · REQUIREMENTS: Calculations, Survey, or~iriage.contro! pJ<1n.2 Drainage Report 2 ,· evati<lOS, .A(ChitecturaJ, AND. Elevations, Grading 2 Exi~tillli covenant~ <Re99~~d··copy)i•· ....... · Existing Easements (Recorded Copy) , Flood Plain Map, ifapplicable, .. . Floor Plans >ANO, 1 ~ Geotechnical Reporl2AN0J · ~ Grading Plan, Con~eptual 2 Gradiog Plan,. Detane.d 2 . // // /( II // I/ /( (/ I/ If King County Assessor's Map Indicating Site, Landscaping Plan/Conceptual,· Legal Description, List ofSurrounding Property Owners, Mailing Labels for Property Owners , Map of Existing Site Conditions, Master Application Form, Monument Cards (one per monument).' Parking, Lot Coverage & Landscaping Analysis, Plan Reductions (PMTs) , Postage, Public Works Approval Letter, WAIY.l::J>. i v•··•sy: >: .--··1 /.J/L. Title Report or Plat Certificate , -//../ l----'-------+----+-~-.a----------1 Topography Map (S' contours), Traffic Study , Tree CuttingNegetation Clearing Plan, C(t!7 Utilities Plan, Generalized, Wetlands Delineation Map, Wetlands Planting Plan , Wetlands Study, This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section f:l<l--£-S eo t0 µ Pf? ct Al. DATE: _.c:=8_..,bc....:2-__,,3 /.'-'-tJ_6 ____ _ 7 I PROJECT NAME: h:\divislon.s\develop.ser\dev.plan.lng\wai'ler.xls I V A R Y & ASSOCIATES PROJECT NARRATIVE: J "I " , /'.;, i<, I • " ;/ ,. '' 1. Project name, size and location of site: • The name of the project: Bales Commercial Center. • The size of the project is located on a 28,494 s.f. parcel of land proposed for commercial ( retail and office) uses. • The site is located southeast of the intersection at Duvall Ave. N.E. and N.E. 18th Pl. The site abuts the south side of NE 18th Place, in the City of Renton. 2. Zoning designation of the site and adjacent properties: The zoning designation for the site is Center Neighborhood (CN) Zone. The adjacent property to the south also is a CN zone. To the north and east of the site is Residential Multi-Family Neighborhood (RM-N). Other zoning in the vicinity of the site is Residential 8 ( eight units to the net acre, R-8), located to the northeast. Unincorporated King County is located west of the site. 3. Current use of the site and any existing improvements: The lot is currently vacant. Site improvements have been made which include sidewalks and landscaping along Duvall Ave. N.E. and N.E. 18th Pl. Within the confines of the site a grass-lined swale is located at the northwest corner of the site and detention tanks at the southern edge of the site serve as the current storm drainage system. 4. Special site features (i.e. wetlands, water bodies, and steep slopes): There are no special site features within the proposed site. The site is relatively flat with an existing swale along the north west corner of the site. 5. Statement addressing soil type and drainage conditions. The existing water quality swale that was designed in accordance with the 1990 King County Storm water Design Manual to treat the Stormwater from NE 18th Pl. will be replaced with a new 18' x 54' x 6' Deep Water Quality Vault. Soil condition consists of brown silty gravel with sand that is loose and moist. It contains trace amounts of roots and other organic debris. 6. Proposed use of the property and scope of the proposed development (i.e. height, square footage, lot coverage, parking, access, etc.) The proposed project includes construction of a 3 story commercial building, 34 feet high. The uses contained within the proposed project include 13,298 s.f. of offices on the two upper floors and the ground floor consists of 876 s.f. of retail, approximately a 6,324 s.f. parking garage on grade and a lobby. The footprint of the building is 8,724 s.f. and the building coverage is 30.6% of the lot area. The 28,494 s.f. lot is essentially flat with site improvements including perimeter and interior landscaping along with 23 on grade parking stalls. Access to the site is from Duvall Ave. NE. and the entrance to the lot is at the IVARY &ASSOCIATESARCHITECIS • 5651 UNIVERSITYWAYN.E. • SEATILEWA 98105 • PH: • (1!J6)525-807ll • FAX, 52.-21 e-mail: inry~nwlink.com I V A R Y & ASSOCIATES southwestern comer of the site. Two Handicap accessible stalls are located right in front of the building entrance on the southern facade. The surface lot provides 23 parking stalls: 13 in front of the southern facade of the building and 10 along the eastern edge of the site. The interior lot provides 21 spaces. 7. Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.). Off-site improvements have already been implemented on the site including sidewalks that have been installed along Duvall Ave. N.E. and N.E. 18th Pl. An existing fire hydrant is located on Duvall Ave. N.E. and stub-out connections to sewer and water and storm water have already been implemented. 8. Total estimated construction cost and estimated fair market value of the proposed project. 1.6 Million Dollars 9. Estimated quantities and type of materials involved if any fill or excavation is proposed. Minimal excavation is proposed on the site. Below grade development is not proposed. The existing swale will be filled; however, the amount of fill will be less than JOO cubic yards. The source of the fill is unknown at this stage but information will be provided at the time of building or construction permit application. 10. Number, type and size of trees to be removed. There will be one existing tree removed from the site. 11. Explanation of any land to be dedicated to the city. None. NARY &ASliOCIATESARCII.ITECTS , 5651 UNNERSITYWAYN£. • SEATILE WA 98105 • PIia • (206)525-3J20 • FAX: 525-8021 e-ma.H: ivary@nwllnk.com I V A R Y & A S S O C I A T E S CONSlRUCTION MITIGATION DESCRIPTION: I. Proposed construction dates. Spring 2001-Fall 2001 2. Hours of operation The hours of operation will conform to City of Renton Construction Standards. Given the Adjacent residential uses, construction activities will be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m. Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work will be conducted on Sundays. 3. Proposed hauling/transportation routes. To minimize the impact of traffic in the surrounding residential neighborhood, the primary hauling and transportation route shall be limited to Duvall Ave. N.E. 4. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise and other noxious characteristics. The site will be watered down prior to construction to minimize dust. Traffic routes will be limited to Duvall Ave. N.E. to minimize the impacts on the surrounding neighborhood. Temporary erosion control gateway and fences will be installed to control erosion and mud. Best management practices during construction to ensure minimal impacts on the surrounding neighborhood. 5. Any specialty hours proposed for construction or hauling (i.e. weekends, late nights). NIA 6. Preliminary traffic control plan. NI A this has been waived. ,-, ~·. IV ARY &ASSOCIATFSARanTECl'S • 5651UNIVERSITYWAYN.E. • SEATILEWA 98105 • PH: • (206)525-8020 • FAX: 525-3121 e-mail: ivary@nwlink.com .... - ,.,., .. ,· ~~t;~~ OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com} Assistant Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Russell T. Lund (russelllund@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 Robert J. Verzani, Attorney 30640 Pacific Highway South Federal Way, Washington 98003 Attention: Robert Title Order No. 416942 Your Ref.: BALES LIMITED LIABILITY CERTIFICATE SCHEDULE A Effective Date: October 19, 2000 at 8:00 a.m. Liability: $5,000.00 $ 330.00 $ 28.38 Charge: Tax: 1. The estate or interest in the land described herein and which is covered by this certificate is fee simple. 2. The estate or interest referred to herein, according to the public records, is at Date of Certificate vested in: GEORGE H. BALES, as his separate estate, as to an undivided eighty percent (80%) interest, and G. JAY BALES and KIM BALES, husband and wife, as to an undivided twenty percent (20%) interest ·--··--· ·-·-----------·------------------------ 3. The land referred to in this certificate is situated in the County of King, State of Washington, and described as follows: Lot 12, Highland Book Addition, according to the plat thereof recorded in Volume 177 of Plats, pages 1 through 3, inclusive, in King County, Washington. i_,' ' i..._,, ' PURPOSE OF CHECKLIST: The state Environmental Policy Act (SEPA), Chapter 413.21 C RCW, requires all governmental agencies to consider the envlronmental Impacts or a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse Impacts on the . quality or the environment. rhe purpose of this checklist IS to provide information to help you and the agency Identify Impacts from your proposal (and to reduce or avoid impacts from the proposal, If It can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: .•., rhls environmental checklist asks you to desQribe some basic Information about your proposal. Governmental agencies use this Checknst to determine whether the environmental Impacts of your proposal are signiflcant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the queslions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or If a question does not apply to your proposal. write "do not know" or "does not apply". complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. Ir you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even If you plan to do them over a period of time or on <lifferent parcels of land. Attach any additional Information that will help describe your proposal or Its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse Impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproJect proposals, even though questions may be answered "does no! apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part DJ. For nonproject actions (actions involving decisions on policies, plans and programs). the references In the checklist to the words 'project." 'applicant,' and "property or site" should be read es "proposal," "proposer," and "affected geographic area," respectively. -A.·-BACKGROUND 1. Name or proposed project, 1r applicable: @.au:!'S ~ c::tz..c; l~l-c~ 2. Name of applicant: V04YT0e 11/~1 3. Address and phone number of applicant and contact person: ?~ ,~ ~e=n,,s-J t-r \.,V,A '( )...) E.. ~ ., \>J,A-~.6 JoG" 4. Date checklist prepared: "lo (p -G'.Z.S -e,t:7-[;c, ll/14-(..ac:;, 5. Agency requesting checklist: 6. Proposed timing or schedule (including phasing, if applicable): sr~ ~~-~Ol-l-1"2-ol u::iAP/.er li?i->'SilZIIOf'""~ -Av~~, ~J 7. Do you have any plans for future add~ions, expansion, or further activity related to or connected with this proposal? If yes, explain. ~ B. List any environmental Information you know about that has been prepared, or will be prepared, directly related to this proposal. ~~Of-H..}IC,bL. ~f"~ .,,.~·- 9. oo you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes. explain. t-Jc:::, 10. List any governmental approvals or permits that will be needed for your proposal, if known. c.rN ~ ~ -e:v1L1?1uG ~,, 11. Give brief. complete description of your proposal, including the proposed uses and the size of the project and site. "il-Je ~ar /L}Cl..JJl:?e''S c.,,µ"",n,vot J.,..t-J e;7f::: A "tf-tl!!ee 45(7),Z,'( ~E.('1.Cl~L..-P.:,ulU?IV.G eo)...Jr.A1u11.@ .A C,1300 -;;-,q,. t",Arjcwc;;;. CAOM ~ (!j) '='==fZ,,er;,e:_ -4r, /f';oo ~F OJ=-€71""F1~ -sp.bQ:'.. M-il+e s~=f-JI? J -r1-J-1 ~ F-(,..,:,'-?(l.,S'. 'ill'e:. 291 'fa::> c~. tq. Let-ls t:,"5'-S-<5J.)'fiAu..\ j:=~ l.>J1t1r 5/TfS. I MY:,(?P~M~S' I µGL.uY.Hl6 P,t!i!\.I ~fu:n_; />VO ]l)rts;f'vlo(l.-. t.AUOSc.,1!p1v<2, At.-e71JC-Wlri-J - -2. o ~f--1 (i,/7,,t>i,e p,012,!Gi Y<i 5T..a l.\.... S", . 12. Location of the proposal. Give sufficient 1nrormat1on for a person to understand the precise JocaUon of your proposed project, Including a street address, If any, and section. township, and range If known. If a Pf'OPOS81 would occur over a range of araa, provide the range or boundaries or the slte(s). Provide a legal description, site plan, vicinity map, and topographic map, If reasonably available. While you shotAd submit any plans required by the agency, you are not required lo duplicate maps or detailed plans submitted wilh any permit applications 111lated to this checkllSt, 1-r I t, 1 l+l a.Id L..\ 1J1? s;-#!,c>,,:?/C:. Aop Jt,Pl0 1,c TPt:i-'3'2.-C\S-<fo-c0J'2..o-os; :-'\ -(6'~ ~,&,~ VIC.1\JtM MAf'.) B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one)fiw>rolling, hllly, steep slopes, mountainous, other . \'.'.::J b. Whal Is the steepest slope on lhe site (approximate percent slope?) c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. $..4Ub I 'SI lr(S"" 1 GL pC I ,4 L.. '1'1 U,.- d. Are there surface indications or history of unstable soils In the immediate vicinity? If so, describe. J-..J,c;, e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. .i-_ ~A f',1tJe ~DI VG ~ IV~A'!ll..'-A'tl=t-.J Or p,._.I.Jlj)<;, ;+ e>.Atz.6 e~ ?\. oon.. , t:)< C,,b" A'f'l,;,iJ t=c, I\, ~l.J?,:;;. -po or1µbS 4X> yps ~xG..llv~ 1 / ,;,o cy ~ l"ll.1... • !:,~~'-~,f"J~v.~ f. Could erosion occur as a resull di cleanng, construction, or use? lf so, generally describe. µ O , -r~pqi,,Ar2J\ ~S/OJ-l C4JJ'f1Z,L.. ,M@p.'S"IJ28S' \Ml LA.. l!ftEi: ' i.Y p\,,ir...c.6 g. About what percent of the site will be covered with Impervious surfaces after project construciion (for example, asphalt or buildings)? 14-% h. Proposed measures lo reduce or control erosion, or other Impacts to the eartn, If any: ~ po n,,orz-( I:! tlP s-1° J.J 0 VJ1Z:, L ~ie s-11 l'L6-'S V' [ /.l, ~6 f.l> '.,> l..o ~ t?V tv IVG CP µ -;-f7l,V' 6-t"l =V ~ -sJ7)r-,tn L.v~a.., CPvtl1J,v 't 17~VS,1Yh oµ lf>llv S€ 1-1". pl,i645 A-r &t'I f'L,~i,,1 "1 3 2. . AIR--- ·3, a. What types of emissions to the air would result from the proposal (I.e., dust, automobile, odors, Industrial wood smoke) during construction and when the project is completed? If any, generally describe and give ~proximate quantities if known. ~Ct'tt>/J :m~~1(5 'ft'J_~cµ~f;~fc!~t--1J1'rw P~~i,CtA~ u,tft mAPPIC. f'17t ff'ZdW\ ~/~ W-/1:W C#WIPLE:ft~ b. Are there any off-site sources of emiSsion or odor that may affect your proposal? If so, generally describe. µo c. Proposed measures to reduce or control emissions or other impacts to air, If any: Al , 1 /:JCl'?°r !.IIU....-t;~ Prs.Pr-/D A MtLJIMl.1#4 QU(1Af6 ~//cffll'"ttfv p,'2v~ OF wA~ AUO PfZ,:;/<€{2-pP)J1e.C7 WAT~ ~~,r- a. Surface Water: 1) Is there any surface water body on orin the immediate vicinity of the site (including year- round and seasonal streams. saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river II flows Into. /JO 2) Will the project require any work over, in, or adjacent lo (within 200 feet) the described waters? If yes. please describe and attach available plans. /JO 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of flll mater1111. f.JO/.k:5 ,. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities If known. /JO 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. i-Jo 8) Does the proposal involve eny discharges of waste materials to surface waters? If so. describe the type of waste and anticipated volume of discha,ge. f-..)o 4 b. Ground Water: 1) WIii ground water be withdrawn, or will water be discharged to ground water? Give 2) C. 1) 2) (pl descr!ptlon, purpose, and approximate quantities If known. Describe waste materlal that wfll be discharged Into the ground rrom septic tanks or other sources, if any (for example: Domestic sewage; Industrial, containing the following chemicals ... ; agricuttural; ate.). Describe the general size or the system, the number of such systems. the number or houses to be served Qf applicable), or the number of anlmal~ or ~umans the system(s) are expected to serve 1 ~Vl j.Jo IJJA~ (Jill>., f1"2 v1sc#Ar----.1 Water Runoff (including storm water): Describe the source of runoff (including storm water) and methOd of collection and disposal. If any (include quantities, If known). Where will this water now? Will this water qow Into other]a'f;,~· .If so, describe. ~(J /.) opp fiZ..olJ,\ P/1~ PA!L-l6/16 /lr:k..O< ~ ()I/Ll:-~.11~(;f/:;. t/..1 ~Wl r.1LIJIVt1(1:%-+1l!!£#m~arEii!::~Pufai~tJirtso.lli!~(tifiittJ lJ~ ~o . d. Proposed measures to reduce or control surface, ground, end runoff water impacts, If any: ~'tJ(h/J/\J/\ tz.vl.)Opf7 ..f t5p.o;-{ OIJ ~L,. lJ..11..~ ~ , v u ae, .-pv!l,i v 6 a!Vq'fV.)fJ'f, cv;; ~ n e Yh e 1) A t;:C::, F'CIL-fe!-11.M;,4.Va:W-~fLP L 4. PLANTS a. Check or circle types of vegetation round on the site: b deciduous tree: alder, maple, aspen, other -:;;z. evergreen tree: fir, cedar. pine, olher ......I-shrubs _v_ grass __ pasture __ crop or grain __ wet soil plants: cattail. buttercup, bullrush. skunk cabbage, other __ water plants: water lily, eel grass. milfoll, other _ other types or vegetation ~M:::: ~s ~ ?J ~v~ J What kind and amount of vege~aron will be removed 9.r all~e~l. VI W/tv ilc ~ - c. List threatened er endangered species known to be on or near tne site. }.JOJ/6 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, If any: 1-J~ l-,AVD~?:-AP_~ APvJ,;;--· ~11.11u6 ~../ ·· · ~J1!WY>,, Am q;a.,I.Jau,~ (»1l,\...-~ Af:f.lclJ . ~ ... rf?J ..-,f 1-(, -5 J~ 5. .. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known lo be on or near the site: Birds: hawk, heron, eagle. songbirds, other S'fM'.L,W J , uf2oW5 Mammals: deer, be11r, elk, beaver, other ' Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. i.)~ C. Is the site part of a migration route? If so, explain LJt) d. ' 6. ENERGY AND NATURAL RESOURCES 7. a. Whal kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for healing, manufacturing, etc. .:;:;:',d i5' ra<-f(·~.,6t111.,:;;; ) -e.l Vtfl-l c-1tvj "Fotv U c,JJ.(11,G "'i P~~ ~ a:q:>u1 p~ b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. f..JZ, c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures lo-reduce or control energy impacts, If any: _J ~~f'-G\ t:.ff,Gj~ "f=,V/l..'(111)6 ~iJ\l~L-of%< '%i ~~:-i ~ff,oevr 1-+vA c. eq:x,1 P~ Pr LJJ/L\., ENVIR~M~TAufe~t'tH""l...leJ a. Are there any environmental hulth hazards. including exposure to toxic chemicals, ri5k of fi111 and explosion, spili, or hazardous waste, that could occur as a result of this proposal? If so, describe. µv 1) Describe special emergency services that might be required. ~~(;/~ 2) Proposed measures to reduce or control environmental health hazards, if any: JJ we ~,rz.en a • II. b, Noise 1) What types or noise exist In the area which may affect your project (ror example: traffic, equipment, operation, other)? {.Joµg_ 2) What types and levels of noise would be created by or associated with the project on a IJhort-term or a long-term basis (for example: traffic, construction, operation, other)? Jndlcate what hours noise would come from the site. a;:!f.J Sf1a,f ~IV' - ~~~~~5"~~~wrft/"Vt_J(tlf_v1}$,l.~ ~-PFlc... ~l\16 ~ L.6.4VtlJ6 -t7~ c:::;;/'ft5. 3) -i1i~ea;;~;~µ~o~~acts~~~ ~ LAM/~ tf~c:;, ~,Z~ e!JJJi.i~#~Dr,t AP)4~v, LAND AND SHORELINE USE a. Whal ls the current use of the site a~d~d·acenl properties? ~--... ...LL 5 !~ ~ V.4.:::;;-..Apr, -es--p , .,~ -=,p,,11 r ;ft,;&. -c.rN.!lf-e.(lc,1t:1 L.:. i ~ ~ -,, ~ ~ P 31, fJo>t/tf ~~ ni(}L_'.. "14a~lte b~ for 11grlcu1ture If so, describe. /-.JO b. c. Describe any structures on the ~ 45 ~ /5 l)Aad U/ d. WIii any structures be demolished? If so, what? µo~ e. What is the current zoning classification or the site? c::::. -N ,. What is the current comprehensive plan designation of the site? Q~t,A< .,. g. If applicable, what is the current shoreline master program designation of the site? IJ/fr h. Has any part or the site been classified as an "environmentally sensitive" area? If so. µt· i. Approximately how many people would reside or work In the completed project? ,~ -('?O 7 9. 10. 11. j. ~tely how many people would the completed project displace? Proposed measures lo avoid or reduce displacement Impacts, if any: f..):1/-(E;;-r,eq-,01~ k. I. Proposed measures to ensure the proposal Is compallble with existing and projeeled land uses and plans, if any: F/'2a.;e.~~ ~61/~f') ;µ ~fl.,W./JJJ{!;; (» rt-If C: lf" (Z6V(DfJ ~V~WVb HOUSING~ -5° a. Approximately how many units would be provided. if any? Indicate whether high, middle, or low-Income housing. µrotJrf!;- b. Approximately how many units, if any, would be eliminated? Indicate whether high. middle, or low-income housing. /JP~ c. Proposed measures lo reduce or control housing impacts, if any: ,JJt1~ ~o, f2,e,YJ AESTHETICS a. What iS the tallest height of any proposed structure(s), not Including antennas; what is the principal exterior building material(s) proposed. ~ -.,..,-: -t:!;Vf?!!fl.,( bA. lot,, I LYJ Ill(; M.A~l~l... <; ,A-~ ~~ MJ..;;"ttVfUj 4 q'(l,C:.CO b. ~'~~~;zae~t~j~ aJ(7J c. Proposed measures to reduce or control aesthetic impacts, If any: ~n~· 1G (}es:;;;/GVf!U)~ ~ IV ~ UJtrH LIGHT~~tf1~~ J-J€Cpe~r&·~,~~Jikefl- e. b. Whal type of light or glare will the proposal produce? What lime of day would it mal~nlY. .,~ occur? Dlti.iv6 ~c:r(l)Jdf1pf)-c;;..L,.(:,11,$ 'f12!:J1,\ ~ I~ 'PfZoh-<='<(IJ/J~, 9 Wf~U ~Hfr} -1- ~f'ZoM w,uo:::iw.s ~ ~1c.t.:e.s could light or glare from the finished project be a safety hawrd or Interfere with views? ./JC-' 8 E,,...DINIW.ie.l Qidcllt 12. c. What existing off-site sources of light or glare may affect your proposal? /Jof-![E:: Proposed measures to reduce or control light andjllare Impacts, If any~: .,6-f:5V. -::S'~J" A,f;o~ LIJll)fJd/)J5' /AJ/1,L, II fNtUl)::,w,;-A ~ve:e,. ~~\JI:;; 6J. A d. T= -G"ll(Z{ho 011111.G f1Z:, pe1.:tr~ s- RECREAT10N a. Whal designated and Informal recreational opportunities are In the Immediate vicinity? k. t~Aµts-f7,Af.lc____ b. Would the proposed project displace any existing recreational uses? Jf so, describe. fJ-D c. Proposed measures to reduce or .control Impacts on recreation, Including recreation opportunities to be provided by the project or applicant, If any: f-.}a;e-~~1~· 13, HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nallonal state, or local preservation registers known to be on or next to the site? If so, generally describe. /JO b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. /JeY(-)e; ~ c. Proposed measures to reduce or control impacts, If any: JJ~pe.r1~ 14, TRANSPORTATION a. b. C. Identify public streets and highways serving the site, arKI describe proposed access to the existing street system. rfe;" ~C'"' ~ 1,1.t::.~ ~ (X=. Cf' ~~1&~1£:ifft NC:e ~.,-~ ~,4<;"',r ~ 11 ~,~ (s ~e Curren y servm;publlc transit? Jf not, whet is the approximate distance to the nearest transit stop? re---~ How many parking spaces would the completed project have? How many would the project eliminate? 4t:= -G"('/5 CN.s"' f{Zdllf):9') j -=iJii)e ~C.IMtUAteY) 9 • d. Will the proposal require any new roaas or streets, or Improvements to existing roads or streets, not Including driveways? If so, generally describe (Indicate whether public or /:bte? e. Will the project use (or oc;c;ur In the immediate vicinity of) water, rail, or air transportation? If so, generally describe. i.)V f. How many vehicular trips per day would be generated by the completed project? If known, Indicate when peak volumes w~ o~~ lf.l.lotJ L.p . I ~ -""'° ~rt 11 ~ ~ IO .A""1 "I' ..f:-:;r b PM aA'-(S- g. Proposed measures to reduce or conlrol transportation impacts, if any: fJ~ 4'--<1 v (rz::ec) 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protec:tion. health care, schools, other)? If so, generally describe. 1-.Jo b. Proposed measures to reduce or control direct Impacts on public servlces. If any. /JO~ ~II/~ 16. UTILITIES a. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the si\e or in the immediate vicinity which might be needed. -. ~ { .s:,ao ~-ell'Crt.-c tt'1' of'-te..JrotJ -f1Z..-ei-,oci.f,P5 "'" -c 1t ~ ) cj,,<>S' ~ ~cc:,m1c.1r-f -p S ,l f: -· f"°!2,e.<~Gt,.111JS oil CJ !'e ~ pJ.Jou.s. -A1""i,r-t>Nl;):!;::,-,<-p,oulVO nt-c.u.:; iJ( vG) ~ru >..:!: - C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above lnformaUon Is true and complete. It is understood that the lead agency may withdraw any declara!lon of non- significance that It might issue In reliance upon this checklist should there be any wlllful misrepresentation or willful lack of ful disclosure on my part. Proponent: Name Printed: Date: .... --·~· '- 1 , ' .. ,ok-Bales Rezone, R-110-91 WP •• ~ RECORDED RETURN TO: , ;f!':ce cl the-City Oerk Rento:1 Municipal Building 200 }.~:.:l ;\venue South R<;:;·.t..:m, \JA 98055 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, ALEC A. BOOK and MYRTLE M. BOOK, his wife, are the owners of the following real property located in the City of Renton, County of King, State of Washington: The west 230.00 feet of the south half of Tract No. 3, Joseph P. Marshall Tracts, according to the plat thereof recorded in Volume 38 of Plate, Page 30, in King County, Washington. See attached Exhibit "A". WHEREAS, the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described property. NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs and assigns as follows: An office building to be constructed on this parcel shall be limited to 6,600 square feet and the building foot print shall not be more than 4,300 square feet and the building height shall not exceed 26 feet. Expiration, Thie covenant shall expire twenty-five (25) years after recording of this Declaration. ~ ~~~ M~B~K ., STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) On this day personally appeared before me, a Notary Public in and for the State of Washington, ALEC A. BOOK and ·MYRTLE M. BOOK, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and v.oluntary act and deed for the uses and purposes therein :.mentioned. ,·"" ·, ~IVEN under my hand and official seal of --=~:,,.c ... e.,,'14 ';..1!"1<:4T---, 19 9 2 . '-· • 1 I'\ 1,-., J L ··-' l:\IIN10RO\BOQK\RYJIS1\RESTC"~l .D0C day for the , residing g "' "' 0 0 ,-""·"!:---------------------------------. r'.2 ,_ ~, .~ ~ ~) ~ ._ ~ EXHBIT ·A" TO ACCOMPANY LEGAL DESCRIPTION FOR FOR REZONING A PORTION OF THE NE 1/4 OF THE SN 1/4 OF SECTION 3 TWP. 23 N., RGE. 5 E., W.M.. KING COUNTY, WASHINGTON . w . z wl >' <t/ _JI 1! ·' 6/ I ,,J . I ' ' I I I ::, 0 Vl I ESM ilc. ·-----·lll'C' __ _ 34004 91"' .WO,,Uli: SO.. IIU)C3. A l"EOUlAL WA"I'. WASHINGTON 9a003 ~H£: (2011i] 9315 -lli11 .3 D SCALE: 1"=100' ~ a:: 0 z JOB NO. 241-02-920-004 DRAWING NAME : EXZON DATE : OB-19-92 DRAWN : R.J.W. SHEET 1 OF 1 .... 00 ""' = = = ('r) = c::, = c--> When recorded return to: Robert J. Verzani Attorney at Law 30640 Pacific Highway South Federal Way, WA 98003 \I 1111111111111111 20000523000287 ROBERT J VERZA TERM 9.ee PAGE 001 OF 002 0S/23/2800 09:22 KING COUNTY, IJA TERMINATION OF COVENANT Grantor: Grantee: Legal Description: Assessor's Tax Parcel ID #: Myrtle M. Book George Bales West 230 feet of the South half of Tract No. 3, Joseph P. Marshall Tracts", according to the plat thereofrccorded in Vol. 38 of Plats page 30, King Co. WA 5 ! 6970-0030-05 WHEREAS, by instrument dated August 24, M. Book, his wife, as owners, created Restrictive Covenants, and 1992, and recordee a Declaration of WHEREAS, the interest c,f Alec A. Book is now held. of r~cord by Myrtle M. Book, as the surviving spouse thereof, and WHEREAS, the Declaration of Restrictive Covenants so created serves no valid purpose and it is the desire of the owner to release and extinguish this instrument .. NOW THEREFORE; .,_'l:'he above recitals are incorporated by reference herein. ·:, for considertion received, the undersigned, Myrtle M. Book does· li.ereby release all of her interest iln the Declaration of Restrictive Covenant recorded under King County Records and Elections No. 9210080793 and does further declare said c--= c--1 = = = (T) = = = <" Declaration of extinguished. Restrictive Covenant to be null and void and Dated: May · 1 2000. STATE OF WASHINGTON COUNT{ OF Kn.JG ) ) ) ss On this day personally appeared before me Myrtle M. Book, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. ·' .. --·----~---- -· '.~CC,:. . ~-~ .:<."(~ 0, :Jt:i.·· ·.= '~ . LCl. = CERTIFIED COPY OF DEATH CERTIFICATE I ~o,~,m,•~;;;i"' LOCAi. FILE NUMBER '=• Alec 11. CITY. Tov.NOR LOCATION OF DEATH Renton i ffl'ffiaTth CERTIFICATE OF DEATH .... A. Book 8. BIRTI-IPI...ACE (Cty. Stait or Forttgn Co.¥>tr)') July 15,1914 Baudette MN 146 STATE Fl':£ NUMBER 2. SEXlM IF) 3 DEATH DATr (MO. 01y, Yrl M Sept. 13, 199 8 I g WAS DECEDENT EVER INV S. ARMED FORCES" I (Yes/No) No 10. COUNT'/ OF DEATH Ki 12. Pl.ACf OF DEAD-1-Z aox FOR l'>LACE THEN GIVE ~ss OR INSTITUTlON NAME 13 SMOKING IN L>,ST 15 YEARS~{YH I No) 1. :: lfOl,l£ 2 :i IN TlWISPOl'IT J. S iMEIIG. RM.'OUT F'TH 4 :J HOSP S ::; N.11 !'OM£ ij C one: PUiCt 1726 Duvall Ave. N.E., No 1.t MARITAL STAT\.1.$-Mllf,,.O. 15. SURVl\llNG SPOUSE (d wrl1. ,...., MIider, l'l&ITll) 16. SOCIAL SECUl'f!T'I' NO. 17. D.fCEOENTS EDUCATION 1$Q,l,,:ify or,ty n,gr•ut g,.d• ~i:,,np,.11<!) Neo,,e,l,t&n",e,:i.~. Or,o,eelllSoe,c,t}l Married Myrtle May Rouse 531-16-0534 4 18. USUAL 0CCUPA71C)N (Givt, l<W\CI d wOl'll dCf\e 19. KIJ\10 OF evsc,es 0A INOIJSTRY 20 Wit o.e«!ft'! ol H~ OOQ1"' Of OHC.m1 (Arletllll')') (S0tcily 21. RACE (SDec•"r) _Y91QINo. d Y ... ~Cul)&tl,Mau:an, l'w<to Riean. tie,) oumg ff"OSI d _.-.g ~. 00 NOT VSE PETlRED) Aircraft engineer Aircraft Mf. (Yes/No)Spec!fy: No White 1726 Duvall Ave. N.E. Mike Book Myrtle Book IMMEOIAT! CAUSE (F"rnal d!wse o, CODllilion l!SUlbng., dtalh). DO tllT ENTER THE MOOE OF OYIMi. SUCH AS CAAOCAC OR A REftA.TORYAAFBT.SHOCK.OA B. 1-fN!TFAII.URE. USTOM.YONE CMfie.oN EACH LH. ~lyli:stcon:lilions. ~ilfl)'. C . ZJ. CCT'r'/T0""4. 0A. LOCATKlN 24. INSIOE OT'!' 25A. COUNTY u~m Zi8. LENGTHOF M. STATE I RES. INCO. t7 ZIPC00£ Ren tori .. cv•,Not K · ·Yes · mg !57 yrs WA 98056 ,·29. MOTHER"S NAME-FIRST. MIDOL.i. IMIDEN SUl'NAME Katie Mose . SIBEET-OR RFD NO. CITY OR TOWN STATE •• 1726 Duvall Ave. N.E. Renton WA 98056 1 35. LOCATION-CITYJTQY,t,j, STATE Seatac WA Washin ton Memorial Park :,1_ NAMEOFF.o1.c1urt Bonney-.:Watson r]ashington Memorial Funeral 1 38 .-.oo,IESS OF FACILITY H-16445 Intern?,iQnal ome1 Seatac, WA ~8188 Blvd. TO ee COMP\..ET'"~ ONLY El'I' IUDtC.U IXAMIHIJII 01'1 COfllOND 43. ON THE BASIS CF EXAMINATION AND/OR IN\IESTJGATION. IN M'l'OPINION DEATH OCCURRED AT M TIME. DAT£ ANO PLACE AA'O WAS DUE ro THE CAUSE1SJ STATED $1GNARJRE ANO TTTlE X 44 OATESIGNID(Mo .. Oay.Yr> ~-PRONOUNCED DEAD (Mo .• 0.,. Y,) 5th Fl 47. HOUR PFIONOONCEDOEAD (24 Hrs.) . ~ ID inmeda 1215e. Etner LMQ. YING CAUSE {0iS83S4I or -~llhidlinitiall!ll.e'le'ltsl'esJltmg DUE TO. OR ,t.5 A CONSEQUENCE OF in!lmll.AST. .,. D ~1 O~N~ONS-CONDITIONS C~IEIUTlNG TO DEATH 8UT_::.~~~~~E UNOERL YING CAUSE GIVEN ABOVE $'. ACC. SUICIDE HOM UNOET OR PENDING INVEST !S'*,ty) f\J C, " G1 PECORO AMENCMENT (R8<lrsu,, ._... Qnl\l) ITEM DOCU~NTAR"I" REVIEWED SY EVloo+cE DATE 5.3 W"-S CASE REFERRED TO MEDICAi. EXAMINER OR coRON£1t?(Y .. 1No1 Yes 6J_ CATE RECEIVED (MO. 0.,,. Yr) SEP 1 7 1998 -· - I 0 , : ·'..:o•,,, wmN JtECOR'OEO RE'['URN 10: om~ o/ the Oty Offk Rent-:-., ML!.'!.idj),111 Buildlnl 200 :,:_;~ .'\•('1IU1l"Sou.th ~n:1m. WA 9IIOSS • DECLARATION OF ~ '""' :::f ::~ /if :-: "' " .... -·. ;:;;; .,, :::.:·j;. .... Cc-2€ :,-., .,:; "' <n COVENANTS, CONDITIONS, RESTRICTIONS, AND RESE:RVATIONS FOR HIGIILANil BOOK ADDITION A subdivision ,.., ..... ~-; I. ,} 1:..·._ -~ I I ~ 8 ::I ~ "' ii ,,, I 0 !!! < i ,,, 0 -, "' !l! ;;; "" iii ,,. -< l5I 8 • I -- -- 1 . •: c..:l • • This Declarati:1n is made as of this 9'111 day of A;pgJL. , 19g6, by Alec A. Bopk and Myrtle Book, husband and wife ("Book"), and Five Star Development, a Washington general partnership ("Five Star''), collectively the 11 Declarant." JllCIT!I:R A. Book is the owner of LOt 1 and Five Star is the owner of Lots 2 through 12 of the Plat (as defined herein) and the improvements located thereon, within the City of Renton, County of King, State of Washington, commonly known as Highland Book Addition, referred to hereinafter as the "Property". B. Declarant desires to create a subdivision at Highland Book Addition to provide for the maintenance and preservation of the Common Areas (as defined below) within the community and to promote the health, safety, happiness, and welfare of the residents of the community. c. To further promote the health, safety, happiness, and welfare of the residents of the community, and to enhance the value and attractiveness of the Property, Five Star intends to establish subsequently a condominium project on Lots 2 through 11 of the Property to be known as Parkway Townhomes, a condominium. SllBMISSION or TBB PROPBR'l'Y TO TBIB DECLARATION; ADDITIOIQU. PRQPBRTY :1 oeclarant, being all of the owners of the Property, hereby makes this Declaration for the purpose of submitting the Property to this Declaration, and declares that the Property described dbove shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to the following covenants, conditions, restriction, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for th~ purpose of protecting the value and desirability of the Prope,:ty and shall be binding on all parties having any right, title or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Oeclarant, any Lot owner, the Association, and any first Mortgagee of any Lot. 2J(lll9.2 l/ll,'96 2:J3pm -1- -----·----.,,.....-. I I I ' l 1 i ' i I I -- ---- u ~ ... " -::n • - lUlTl:CLII 1 PllZJlITZPIS section 1.1 Definitions-For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. ttArticles" shall mean the articles of incorporation of the Association, as defined below. "Association" shall mean the Highland Book owners Association, a Washington non-profit corporation, as described more fully in Article 3, and its successors and assigns. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 4. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. 0 11 City" shall mean the City of Renton, in the County of King, ;,2 state of Washington. "Common Area" shall mean the storm drainage facilities on Lot 12 of the Plat and other drainage facilities on the Plat. "Declarant" shall mean Alec A. Book and Myrtle Book, husband and wife, and Five Star Development, a Washington general C'1 partnership, and their successors and assigns if such successors or assigns should (i) acquire more than one Lot from the Declarant for the purpose of development, and (ii) be specifically assigned the rights and duties of Oeclarant by written instrument in recordable form. "Declaration" shall mean this Declaration Conditions, Restrictions, and Reservations for Addition, and any amendments thereto. of Covenants, Highland BooT. "LOt" shall mean and refer to (a) Lots 1 and 12 shown on the Plat and (b) LOts 2 through ll shown on the Plat or each condominium unit created on LOts 2 through 11. "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5. "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien·against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee• shall mean the beneficial owner, or the d~signee of the beneficial owner, of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the perctsntage of first Mortgagees approving a -2- , ,l f f ' I ' l • I --• • proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagei& for each Lot on Which -it holds a Mortgage which constitutes a first lien on said Lot. Mortgagees shall have the same voting rights as the owners of any Lot subject to such Mortgage, "Notice and Opportunity to be HeardR shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property or, in the case of Lots 2 through 11 after creation of a condominium thereon, a condominium unit on those Lots, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat recorded in conjunction With this Declaration which depicts the layout of tha LOts and Common Ar'ea on the Property. The Plat for the Property was recorded on May 28, 1996, in Volume 177 of Plats, at pages 1 through 3, under Recording No. 9605280849, records of King County, Washington. "Property• shall mean that real property and improvements located within the City of Renton, County of King, State of Washington, comm.only known as Highland Book Addition and more particularly described as Lots l through 12 of the Plat. ,,, .. ,, IG"7J'M 2:11pm -3- 1 l ' i l 1 I I J I • I .. ·~ I: • • AR'UCLI! 2 COKKQK PIM Section 2.1 Description of C01lll!l0D Area. The common Area consists of the storm drainage facilities on Lot 12 and other e-9-rainage facilities on the Plat. ~ section 2. 2 Dedication Of Common Area. The Association c:,,hall have the right to dedicate or transfer all or any portion of ~e Common Area, including easements thereon, to any public agency, Cauthority, or utility for such purposes and subject to such t"l:onditions as may be agreed to by the Members. No such dedication ""'br transfer shall be effective unless 67 percent of the Members ~onsent in writing to such dedication or transfer. The instrument ~edicating or transferring all or any portion of the Common Area shall be executed by the president and secretary of the Association who shall certify that the requisite consent has been obtained. 0 section 2. 3 Maintenance-The Association shall have fell L~ responsibility for the maintenance, repair, and improvement of the Common Area (including without limitation, the storm drainage easement area on Lot 12) for its intended use, subject to applicable governmental restrictions. The Association shall always i. have the responsibility to maintain the plat drainage facilities and emergency access roads unless ·those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section 3.1 association called "Association"). ARTICLI! 3 Q1fl!IRS ASSOCllTIQI! Establishment. There is hereby created a:1 the Highland Book owners Association (the Section 3. 2 form of Association. The AssoCiation shall be a nonprofit corporation formed and operated under the laws of the state of Washington. section 3. 3 Artioles and Bvlaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the owners at regular or special meetings; provided tha't the initial Bylaws shall be adopted by the Board of Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. """·' 3122196 2:3)plll -4- -------- I .. l i; I. i '. 0 ,I . ... •• • • section 3. 4 l!2Ar.1 of Directors; consensus Required; Arbitration. The Association shall be. managed by a Board of two directors, one elected annually by the Class A members and one appointed by the Class B ~ember. All decisions of the Board shall be unanimous. Any deadlock on a matter requiring Board action or any dispute among Board members which cannot be resolved shall be determined by arbitration in Seattle under the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as modified by this agreement. There shall be one arbitrator selected by the parties within seven days of the arbitration deinand or if not, then pursuant to the AAA Rules, who shall be an attorney with at least five years condominium, community association or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this provision shall be determined by the arbitrator. At the request of either party made not later than 75 days after the arbitration demand, the parties agree to submit the dispute to Ci nonbinding mediation which shall not delay the arbitration hearing L~ date. There shall be no substantive motions or discovery, exc~pt the arbitrator shall authorize such discovery as may be necessary to ensure a fair hearing, which shall be held within 120 days of the demand and concluded within two days. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available fro~ a judge including attorney fees and costs to the prevailing party, '7"J but the arbitrator shall not have the power to award punitive damages. section 3. 5 Membership and Voting Riahts. The Association shall have two classes of voting membership: 3. 5 .1 The Class A Member shall be the OWner or owners of Lots 1 through 11, which shall be entitled to one vote for each Lot owned. If a condominium is created on some or all of LOts 2 through 11, the votes for the Lots in the condominium shall be cast as the board of directors of the owners association for that condominium or its designee shall determine. 3.5.2 The Class B Member shall be the OWner of Lot 12, which shall be entitled to one vote. Section 3. 6 Transfer Of Membership. The membership in the Association of each Member ( including Decl.arant) shal.l not be transferred in any way (except for the Class A membership for the LOts to be included in the condominium to be created on Lots 2 through ll). Any attempt to make a prohibited transfer shall be void. section 3.7 Inspection of A&sociation P991mente:, Books, and Records. The Association shall make available to ownPr~, Mortgagees, prospective purchasers and their prospP.ctive mortgagees, and the agents or attorneys of any cf them, current copies of this Declaration, the Articles, the aylaws, and other rules, books, records, and financial statements of the Association, -s- . ' " : '.i i i I . - I I . ,. I • • and the most recent anr.Aal audited financial statement, if one is prepared. "Available" shall mean av~ilable for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. llTJ:CLII 4 PP!UUIT OP TII MSOCll'fIQI Section 4. 1 Administration of the Property. The owners and Me:ml:>ers covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. section 4.2 Authority and Puties of the Boord. on behalf of and acting for the Association, the Board, for the benefit of the Property, the Members and the owners, shall have all powert. and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of, assessments, as more particularly set forth in Article 5 hereof, to defray expeuses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4.2.3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the common Area, the collection of assessments, the sending of all required notices to Members, the operation of Association meetings, and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services. 4.2.5 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such :manner as is from time to time determined by the Board. section 4. J Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area and other matters of mutual concern to the Members, which -6- i I I I ! i / I I __________ .,_. • I •• • • rules and regulation;~ are not incon5istent with this Declaration and the Bylaws and which treat all Members and OWners fairly and in a non-discriminatory manner. section 4.4 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. ARTICLI 5 A8Sl8PPT8 section s.1 creation of the Lien and Personal Obliaation of Assessments. Each OWner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is de~med to covenant and agree to pay to the Association (through the owners association for the condominium created on some or all of Lots 2 through 11) any assessment duly levied by the Association as provided herein. The assessment shall be divided into 13 equal share with Lets 1 through 11 being allocated one share for each Lot and Lot 12 being allocated two shares. The share or shares of each ~such assessment, together with interest, costs, late charges and reasonable attorneys fees, shall be a continuing lien upon the Lot against which each such assessment is made and shall also be the personal obligation of the person who was the OWner of such Lot at i the time when the assessment fell due. The personal obligation for ::)delinquent assessments shall not pass to his successor title unless c.oa lien for such delinquent assessments had been properly recorded O')prior to title transfer or unless expressly assumed by that party. When ownership of a Lot changes, assessments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. section s.2 Liability for Assessments. Any assessments which may be levied from time to ti.me pursuant to the authority of the Board shall be established in accordance with this Article 5. The Board shall levy the assessment against each Member (but each owner of a Lot is personally liability for an equal pro rata portion of each assessment) • No owner may exempt himself or herself from liability for his Assessments by abandoning his or her Lot. section s. 3 · Association BUdMti Allocation ond Commencement of Assessments. The Board shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The· operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs.and expenses together with a reasonable sum to establish reserves fnr future major repairs and replacements; provided that the Board shall -7- ·----·-· ---- I I - - I I . • I ,, • • determine when esta.bli""lhment of such reserves shall commence. Assessments shall commence upon notice from Five Star to the Board that the owners should commence paying assessments. Until assessments have commenced, Five Star 5,hall pay the actual expenses of the Association. section s.4 LeYY of General Assessment. the costs and expenses projected in its operating shall determine and levy a general assessment allocated as provided in Section 5.3. In order to meet budget, the Board on each owners, Section s.s Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each owner !or an assessment period at least 30 days in advance of beginning of such period. Notice of the general assessment shall thereupon be sent to each owner subject to assessment; provided, however, that failure to notify an OWner of the amount of an assessment shall not render such assessment void or invalid. Any failure by the Board, before the expiration of 4ny assessment period, to fix the amount of the general assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period. section 5.6 Assessment Period. The general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which each budget was prepared, the Board shall, if necessary, revise the general assessment levied against the OWners and give notice of the same ln the same manner as the initial levy of a general assessment for the assesssent period. section 5. 7 Manner and Time of Pavment.. Assesssents shall be payable in monthly installments, or any other periodic installments or manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least 10 days after the due date to thereof shall bear interest at the rate of 12\ per annum, and the Board may also assess a late charge in an amount not exceeding 25\ of any unpaid assessment which has been delinquent for more than 15 days. Section s. s Accounts. ~Y assessments collected by the Association shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board sha 11 have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 5.9 Special Assessments. In addition to the general assessments authorized by this Article, the Association may -a- -----·-. --------~---.... --.,.,-_____ . I l I - . ,, • • .. levy an assessment or assessments at any time against the owners, applicable to that year only, for the purpoSe of defraying, in whole or in part, the cost of any cofistruction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Area, The amount of each Owner's special assessment for any year shall be calculated like the general assessment. section s.10 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any assessments, a balance sheet and an operating (income/expense) statement for the Association; provided, however, such documents need not be prepared by a certified public accountant unless requested by one of the Members. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing ~he maintenance, operating, and any other expense incurred. such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditur-·!s of Association funds shall be available for examination by any owner at convenient weekday hours. Section 6.1 ll.TICLB 6 COMPLll!ICZ l\lfD QYQRCIDIEIIT Enforcement- L 6 .1. I. Each OWner, Member, Board member and the -Association shall CQmply with the provisions of this Declaration ~ · and with the Bylaws and administrative rules and regulations c, adopted by the Association (as the same may be lawfully ame!lded from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the OWners) or by the aggrieved OWner on his own, against the party (including an owner or the Association) failing to comply. 6. l.. 2 In any action or arbitration to enforce the provisions of this Section 6.1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. section 6.2 -No Waiver of strict Performance. The failure of the Board or Oeclarant, as applicable, in any one or more instances to insist upon or enforce the strict performance ot any of the terms, covenants, conditions or restrictions of this· Declaration, or of any Bylaws or administrative rule.a or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, bUt such term, covenant, condition or restriction shall Lemain in -9- ----·· ----------4»42Qff4¥QU ; zz....n_ r· _. i i I I I ' I I ' ! i I I l I f • Ill full force and effect. No W.\iver by the Board of any provision hereof shall be deemed to have been mad4' unless expressed in writing and signed by the Board. section 6.3 Remedies CU111.ulatiYe• Except for claims which must be arbitrated pursuant to Section 6.3 above, the remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. llRTICLB 7 LIMITITI01f or LI1'BILITX section 7 .1 No Personal Liability. so long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any M~mber, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance j or bond obtained by the Board pursuant to Article 4 or Article 12 ~hereof. 'l section 7 .2 Indemnification. Each Board member or ~ Association committee member, or Association Officer, and their ""' respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of L-:tentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her dutiec, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 7. 2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or owner of a Lot. -10- I I i ! ' • ' t l I • -, . ,, l 0 • ARTICLII B XORTGAGII PRi;i,'IC'T±OR section s.1 PrioritY of Mortgages. Notwithstanding all other ~rovisions hereof, the liens created under this Declaration upon any LOt for assessments shall be subject to tax liens on the Lot in favor of any assessing and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by a mortgage or deed of trust which were made in good faith and for value upon the LOt. A mortgagee of a LOt, or other purchaser of a LOt, who obtains possession of a Lot as a result of foreclosure or deed in lieu thereof will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the OWners including such possessor, his successor and assigns. For the purpose of this Article, the terms "mortgage" and "mortgagee" shall not mean a real estate contra.ct (or the vendor thereunder), or a mortgage or deed of trust (or mortgagee or beneficiary thereunder) sect:.L"ing a deferred purchase price balance owed with respect to a sale by an individual owner other than oeclarant. section s. 2 Effect of Declaration N!U:mdments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent ~ provisions. Section 8. J Rights Of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affec_t or impair the lien or charge of any bona fide mortgage made in good faith for value ~n any Lots; provided, however, that any subsequent owner of the :..Ot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. section 8.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation under this Declaration~ Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such ~eetings. section s.s Furnishing ot Docwncnts-The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent 2](1119.2 Jmi"9IS 2:S,,_ -11- 4. l ;µ I & ;:,...._,.._ .-, I I l l .1 -- I -·. -· ·o i . ,. 1 • • balance sheet and incc~e/expense statement fo~the Association, if any has b@en prepared. llTICLI 9 QSEKQTS N!D SHCIAL TRACTS Section 9 .1 AsSOCii!ltiOD Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 9.2 Utility and Sidewalk Easements. on the Lots, easements are reserved as provided by the Plat and applicable laws, ordinances and other governmental rule and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainag~, gas 1 and accessory equipment, together with the right to enter upon the Lots at all times for said purposes, and for sidewalks. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage, interfere with the installation and maintenance of utilities or the sidewalks, as applicable, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of wator through drainage channels in the easements. The easement area of each Lot, and all improvements thereon, shall be maintained bontinuously by the owner of each Lot, or the owners association c.;, for the Lot, except for those improvements for which a public ~ authority or utility company is responsible and except for any sidewalk for the common use and enjoyment of the owners which the Association is obligated to maintain. Section 9. 3 Orainaae Easements. The Association shall have a perpetual easement over, across and through the drainage easement area on Lot 12 shown on the Plat for the purpose of maintenanc~, repair, replacement, and landscaping of such easement area. ARTICLI 10 AU!'P9lDPFIT OP SUBDXYXSIOB STA'l'US Section 10.1 Duration of covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 11. section 10. 2 Abandonment at subdivision status. The Association shall not, without the prior written approval of the govern:nental entity having jurisdiction OVE'.r the Property and· without prior written approval of 1001 of all first Mortgagees and owners (other than the Oeclarant) of record, seek by act or omission to abandon or terminate the subdivision status of the -12- --------· _____ .,....... ______ _ I l l i • I ' -- . ( .1 • I • - Property as approv~d by the governmental entity having appropriate jurisdiction over the Property •. ldlTICLJ! 11 AXE!IDKE!l'l' OF PICLN\ATIOII QR PLAT Section 11.1 Declaration Am.endment-Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Amendments must be approved by both Me!ILbers and the Owners holding 67% of the votes of each class of Member. The MemDers' and owners' approval may be obtained by a special vote of the Members and OWners at a meeting or meetings or the written consent of the Members and owners in lieu of a special meeting. The amendment shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51-1: of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Bylaws of any of the following: voting rightE·i assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity insurance; responsibility for maintenance and repair; the boundaries of any Lot; convertibility of Lots into Common Areas or of Common Areas into LOts; leasing of LOts other than set forth her~in; imposition of any restrictions on the right of an owner to sell or transfer his Lot; a decision by the Association to establish self-management --' when professional management has been required previously by the· 0, Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mo~tgages. It is specifically covenanted and understood that any amendment to this Declaration proper1y adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clause~ of this Declaration unless otherwise specifically provided in -~e section being amended or the amendment itself. section 11. 2 flli. Except as otherwise provided herein, the Plat may be amended by revised versions or revised portions thereof referred to and described as to affect an amendment to the Declaration adopted as provided for in Section 11.1. Copies of any such proposed amendment to the Plat shall be made available for the examination of every owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. section 11.3 Amendments to Conform to Con»tructiOD• oeclarant, upon Declarant's sole signature, and as an attorney-in- tact for all Lot owners with irrevocable power coupled with an intere:s:::t, may at any time, until all Lots have been sold by 2JQlll9.2 l/21196 J:$:,pm ___________ , I l l j 7, ·- ...... -' ... ~ L .... ·.f: • • Declarant, file an amendment to the Declaration and to the Plat to conform data depicted therein to improvements as actually constructed and to establish, vacate-and relocate easements. llTICLB 12 !l!l§!ZJWfCI The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft, or other causes with such deductible provisions as the Board deems advisable; insurance, if available, for the protection of the Association's directors, officers, and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review at least annually the ade-:uacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of ~ Washington. All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including owners, holders of mortgages, and ~ designated servicers of mortgagees. Section 13.1 llTICLB 13 KlllCBLLAHBOtrs Notices. 13.1.1 Any written notice or other documents as required by this Declaration, may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 13 .1.1.1 If to a Member, other than oeclarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 13.1.1.2 If to oeclarant, whether in its capacity as a Member, or in any other capacity, the following address (unless oeclarant shall have advised the Board in writing of some. other address): 13 .1.1. J Prior to the organization of the Association, notices to the Association shall be address~a as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written -14- l I .I 1 • - notice from the Association. In addition, from and after the organizational meeting, notice of the address oI the Association shall be given by the Board to each own~, within a reasonable time after the Board has received actual notice of such owner's purchase of a Lot. section 13.2 convevance; Notice Required, The right of an Owner to sell, transfer, or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid ·assessments and charges outstanding against the Lot, whether or not such information is requested. section 13. 3 successors apd Assigns. This Declaration sh~ll be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Member. section 13.4 Joint and several tiabilitY-In the case of joint ownership of a Let, the liability of each of the owners thereof in connection with the liabilities and obligations of owners, set forth in or imposed by this Declaration, shall be joint and several. Section 13. 5 Design Criteria-Any duplexes to be constructed on Lets 1 through 11 and the office building to be constructed on Let 12 shall meet the design characteristics shown in Exhibits A and B attached hereto, namely articulated facades and peaked roofs, with such modifications as may be approved by the Development Services Division of the City of Renton. Section 13.6 severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 13. 7 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose -15- ,I . ' i ! J 1 .. I I ! I - ... J· ,, lo l1 JJ 0 rI) ~'1 l1 :..:i ::-) • • of creating a uniform pl~n for the operation and ~aintenance of the Property. section 13. e captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. section 13.9 Effective Pate- effect upon recording. The Declaration shall take IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and yearJfirst herein above written. DECLARANT: STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) foe A. Boole Myrt{f'~~ FIVE STAR DEVELOPMENT COMPANY a Washinq!,on general partnership By~~ I certify that I know or have satisfactory evidence that ALEC A. BOOK and MYRTLE BOOK are the persons who appeared before me, and said persons ac..lcnowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. ucf.., Lk · J oated this ~L~-day of ------'-"f-'+'_,/,_(.._1..,'-/,----' -/{r1 < © U:2« ftci Ir I 1996. J _ .. _ <l4ibly Prill or -..., ~ '1f "-7) Notary public in and for ~e state o:,f Washington, residing at &a:ft.n My appointment expires /;-lfi-'7'-'f,___ -16- -~--·---~---- I ! l I • - - ,-----, l . ,: .I ·• I STATE OF WASH!NGTON COUNTY OF KING ) ) ss. ) • • that I know or have satisfactory evidence that is the person who appeared before me, and ~ said,, rson acknowledged that said person signed this instrument, C') on :oath stated that said person was ~uthorized to execute the o instrument and acknowledged it as the 112 dneV::: of FIVE c-, STAR DEVELOPMENT COMPANY, a Washington general partnership, to be O the free and voluntary act of' such corporation for the uses and ~ purposes mentioned in the instrument. ~ Dated this 9 c/J day of ------~Bf2-~C~1'-'-I ____ , 0 1996. ty4 1 J, i f0cJ am ~ Prillrw llllllllp fi'-d ,._,.. Notary public in and for the state of Washington, residing at Lf<i~,a~IDll..ll•():.i---- My appointment expires f.t -IS -W -17- - i I .-:..: ~~ ...... _Q""'"UMO ..... WWW""IIOIO$(Bm11z,0£11..,_.. ............ ,,.,_. _.;.: ~ •... • I - - --:·- .i .. • • EXHIBIT A TO DECLARATION OF . COVENANTS, CONDITIONS, RESTRICTIOL;, AND RESERVATIONS FOR HIGHLAND BOOK ADDITION Schematic P1ans for office Building on Lot 12 ·:.·.• . ..... I l-- .. ~ ' tij i ~ > I ... J -~ I i I ·- • • t e;-_....e,. :z:.g;~~ • "".. - / ' . ,., -.r \ - .. +-:--"':..,.. • 96120309S3 ~-v': . ·'1 ...... ·. I ' ,. i ~ • • ' ,• ~ ' I ~ '2. a..,".::..#'. r I ' • l-;.· .... .,..,..,.;,_,,..., • • !·' ~- -~ J ...-' -- -. -- t .4 ,. :... • ,,., • - • J / . L.L·~-~,--·--•••• •- 9~ ·9612030983 .. (;."::-.:? ' i ~i: _______ ... ' ---__ ts:..· • :a,:_-;--:r:::::::z ••• I ~ -0 -~1 <7:::;.::-·~l!a. i . z . ..:,;o .... .., 11 11 ! :r ·o "" ..., N .. -~ ' SECOND FLOOR PLAN 11•··1·.n· -~' , , J • • / , , ··--· ------·-~----~- 9600£50850 ~ I C SOUTH ELEVATION 11a·. 1·. o· • 9612030983 ,' I J i ' ,,J_. 0 ---· ---·--· :;-- ,I:,. • • / ' 9065..!80850 ..,, .. _____ _ • ' ' NORTH ELEVATION • ·9612030983 ; ' ! . ·1 . -! ........ .;,. 1/8" ~ 1' • O' , -. --·-- t\. ·~ ,, WEST ELEVATION • • - • / 11a·. 1· -o· OSRO'iia&096 • ·-• • • j . I /--------j:''..___.:.:::_· ·~===·-.:.::.--·r--------.1....___ \C -----J -------------< -~ I· I • -• _ If . ' I ' : ! ~ . ! t -·-' .=====.~ ' -- EAST ELEVATION 1ta·. 1·. o· £S60C0Zl96 ,, ' ' j , • - 0 L""l • - EXHIBIT B TO IJECIARATION· OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR HIGHLAND BOOK ADDITION Schematic Plans for Duplexes on Lats 1-11 ( I . ,. 1 .. . ~ I ,. I M ~ a, 0 M 0 N 1-· .•. • ;:; ----- __ r---.. . . , l I 1 , -t I·,' ' -•I '--1 I I I , -1 L .' L----' QINlt-.lGt l"M • • -·· --~- ! • I·· I . EXHIBIT B-1 - r-·-· __ .LI=-= -~ -~ . ,1 ;-~-- • • -I~-· '-.r--'--.!.....;.~J ! -I ,-===~·-' II · ! -~.- ow 7 ~ I i I I 1 I I ; :'"·• .... -! ! l : I i • / I ··- r I l ' i l ' j ' 1---- ' . Z?>-0 0 1-0' ,· • • - • J / --•-·-,_ . ---·--·. --·---·--.' -». •"-¥•..,.--;c...., .... _ e:,..........---,,. ____ ---- t-_ ___.__..._..._ ___ ..i,__..__ ___ .J-1,...;,...J.. __ r FRONT ELEVATION 11a·. 1·. o· ' c.i,60COZ'l96 OSSQR2'S:0~ CS60COZ'l36 ... f I . j ' ' i ~ ' • - • • ·- • / L.....c_,. •• •·. '"~------- . ----------~---·-~ ---- -' . ,:, ___ _l..,.j;... .......................... --.. -~-~--..l.----L-~--------------..L.---&>~0,1 :SIDE ELEVATION 11s· ~ 1·. o· £860C0Zl36 l i J 'l,e ' j .\ l l r ' • -• • • J / i i \ ~--------~~:;;.:::, ~~z;~ ·a:/-o' ~----.6-~~:-e.,::::.~ ~JV. .=:=-----4-+ __.;_-.--,-------1_.,,.- --:'..t?-~ 9" o'-01 ' ( . ' . · .. , . --~- OJ REAR ELEV A TION 11a· • 1· -o· • - , . - .{ . Law {)ffigcs. uf ROBERT J. VERZANI 30640 hcifac Hip-,. Sauth Fodcnl W•)', WA 98((13 Gr11nlor; • • CErr a.tnr Jll<RC• HVI. STAI OU"fLOPIU'l SALU, 51:au:.t II. Ml.Eli ... .M'I Ne &lUS, UN MUS, hiaband &'.:I vlfe lOT t2 t!JliiltL.AC IOiEI IIDOITIQII, ltll(; a;ian, Wo\1111.-rcJI. l29S40 0120 ( ! .•:' "' I J " • I. ' THE GRANTOR, FIVE S'l'AR DEVELOPMENT, • geaenl panaenbip, fur ONE DOLLAR AND OlHEll CONSIDERATION, conveys and quit daimJ 10 GEORGE R. BALES, a IUIP penoa, u lo u a•dmded ape, ,..-1 (IIO"A.) illluelt, ud G. IAY BALES and KIM BALES, bub.oad ud wif<. • lo u udlvlded lwmly _, (JD%) 1a,......, the following described real ..we, litualed ill the County of Kins, Slate ofWubington, 1ogelher with all alter acquiml title: of the snntor(s) thcmn: Lot 12 Highland Book Addition. Ki111 County, Wuhin8'on. Tax AccoWll Parcel No. J29S40 Ol20. DATED: October ::itJ , 1998. FIVE STAR DEVEWPMENT By lr?f::1lfa.l Gt:nml Manage, APPROVED: .oo .oo i ! ., - I j ·, • STATE OF WASHINGTON COUNTY OF KING ) ) ) .. • ··········-~. On this day pcnonally appeared before me F. Deon ffllbbatd, •~ me known to be General Manager of FIVE ST AR DEVELOPMENT, the s-.J partnmhip lha1 executed thc within and foregoing instnunen~ and ocknowledged the aid instrummt to be the no and wluntary iu:1 and deed ofuid gencnl partnef1hip, l"or the uses and purpo,,,, thcroin mentioned. and oo oath otated tha1 he wu authoriud to execute the said instrumeuL GIVEN under my hand and official lt&I this ~day of October, 1998. State ofWuhington ( - • • REAL ESl'ATE EXCISE TAX SUPPLEMENTAL STATEMENT We, the gruitor(s) and grantee(s) of the real property dosaibc,l on the Real Estate Exrue Tu Affidavit 10 which this statement is attadled, do hereby swoar under penalty or perjury thlt the following is. true: We, GeofiO H. Bales and F. Dean Hubbard are both pannen in FIVE ST AR DEVELOPMENT, a gC1cral pannenhip. The subject propcny is being uansf<T<d as a distribution of partnership real propeny based upon WAC 4S8-61-37S (2-h). DA TED: October ;'y"J . 1998. Five Star Devdopmen~ (lqntor STATE OF WASHINGTON } )ss. COUNTY OF KING ) On Ibis day penonally appeared before me Cleol)!e H. Bales and F. Dean Hubbard, lo me known lo be the individuals desaihc:d in and who executed the within and fon,going instrwneol, and acknowledged thal they signed the same u their liee and wlu,ury act and dood, for the u,es and purposes thaein mentioned. GIVEN wider my hand and oflii.ial seal Ibis ;5e) day ofOdtlber, J 998. N~in and roris eofWashington .RtsidiDs II Federal Way. Printed Name: R<iben J. VCIDlli MyCommislionapirel: July I, 2001. ( .. .... 11'. .. L I I l I WJ-0-: JU:0,Rt'.)to TU:'TI.JP.N TO-. OU\~dll-,c01yO:r1<. J.en10T1 MurJctpal l!ov..itdltl15 2{X) Mill }W1flUI Soulh :...~'11."i.~ - THIS EASE?\-ffiNT, m.:.de this !0th day cf October, !994, betv,.een ALEC A. BOOK and MYRTLE M. BOOK. his wife. GRANTORS, and TALL FIRS ASSOCIATION, a Washington General Partnership, GRANTEE: V.1TNESSETff lbt Gra.~tc!'~. in c-0n~!dere~io!! ,:,(One !)('IJIRr and other valuable consideration. recelpi: of which is hereby acknowledged, :e.nd the benefits which will accrue to the land of the Granters by re.a son of the e,-:erci!:.e of rights herein granted, do hereby grant unto the Grantee, its successors and assigns, a non exclusive easemenl for emergency vehicle ingress and egress over, upon .and across the lands leg.afly described herein, .see attached Exhibit "A" for description. and hereinafter called "Easement Ar~" or "Easerr.ent'', and s.ee attached Exrubit "EA" for a drawing of the easement. The purpose of providing this Emergency Vehicle Access Easement is only for the benefit of a plat known as "Rolling Hills, which is legally described in att:chcd Exhibit "B •. This easement is granted subject to the follo·.i.-ing provisions: This easement is for the specific use of emergency vehiclar traffic, i.e., fire, police and ambulance vehicles 2. This easement area will be closed and gatc-(s) wiii i,e instailed by lhe Grantee to prohibit travel and use by the general pubiic. 3. Grantee will improve and pave the Easement Ana in accordance with the City Ordinances at such timl! as other improvements on Exhibit .. B .. are made as part or the building and/or site devciopment permits issued by the City of Renton, Washington. 4. Grantee "ill install and maintain a six (~) foot wooden cedar fer.cc along the common boundary line between "Tall Firs" and the proposed Plat of "Highland Book Addition" and on the northerly edge of the Easement Area located on Lot ! J cf!he propc,<ed Plat of"H;ghland Boo~ Addition" 5. Grantee will install and maintain a swing gate or chain with lock with signage. in the Easement AI~ at a location to be approved by by City of Renton which v.-il! prol'ibit L~ g~nera! pubEc from ti!'.!?:£ tlte E:ise:ner.t Are:: to travel frcm Lots JI and 12 of the proposed Plat of "Highland Book Addition" to "Rofiing Hills" or from "Rollling Hills" to Lots JI and 12 of the proposed Plat of "Highland Book Addi!ion" E.XC!SE TA.X HOT R'::CtJi?.ED tc.""I!) c.o. ?.:,c:otdi. o;...:.:.n 8y 'S?.~ D,,p,.1)' .... '!. § ~ 8 ~ 8 ~ ~ ~ g 1 ; 1" ~ ~ ~ ! 0 :. i ~ ' i l 8 ! ·1 1 I 1 I • • 1 l I I I I l i.. YW-J~,.!!""""' I I I I I I ' } ' • \(. (F r f. - • I I ' ~: ' {" r- t".) 0 (f) 0 ..-i .... <' :'l .. ........... ;.;.. ... -. ...... 6. Granters may at their O?tion install underground utilities in the easement area and may re-locate the Easement Area at a future date to facilitate development of the proposed plat of "Highland Book Addition" provided, however, that any change shall meet the then existing requirements of the Renton Fire Department and of the City of Renton. In the event the City of Renton approves of the re-location or the Easement Area. the Grantee., its successors and as~igns, wiil execute the neces!.ary documi:nls lo t:xli11guisll or modiff this existing Emergency Vehicle Acce.ss Easement. This Emergency Vehicle Access Easement shall be a covenant running with the land and shall be binding upon the heirs, successors and assigns of the Grant or and the C ·ee. IN WITNESS WHEREOF the Grantors hereunto set their hands, the day and year first above written. Approved as to Form and Con!c:r.ts: R:>n Trema.1.r for P.D.M. -I-enton, lnc. ee.-.c:-.:il Pa.--tner of Grant:Pe STATE OF WASHINGTON COUNTY OF KING ) ) ss ) On this day personally appeared before me Alec A Book and Myrtle M. Book. to me known to be the im:tividua1s described in and who executed the foregoing instrument, and acknowleUgerl to me .:!ia.t t!ie_:.,; signed the So.i"'i'.C as their ~ .:.,'1d vo1un:ary ect er.d rlc-e-J. for the uses and purposes therein men.,oned. ,_,J, Given under my hand and official seal this /(,'-" day of October, 1994 N ARV PUBLIC in andJor the State of Washington, res~ at&_nfer? . Printed Name: Jl'O · L · (.r <> h<Un . My Commissiod expirts: ft. · /j -'if 0 ¥w.: .;:c24z .... w:wc. • I!'! ,.:uzc:;; l l \ l ' I l j i ' .. ,j • ~ 1 ' l l I .; C l j 1 f 1 • ; I a • • I J t._ r_ I '· .,· t I I' I i I , ., r,. r~ c:-, 0 r:r, C .,i .,i ..,. r:r, ..... ESMinc. A CIVIL Er,.;GINEERlNG, LAND SURVEY, ANO PROIECT h.tA.NAGE...,,~~~TCOf';iULTING fl RM Highland Book Addition Job No. 241-02-5~0-CCl ;,ugust 25, i994 LFGllL DESCRIPTIOK !'OF. EMERGENCY ACC!<SS EAS!<MENT That portion of Tract 3 of the plat of ~Joseph P. Mar~hal Tractsn as filed in Volume 38 of plats, Page 30, Records of King County, Washington, situate within the southwe~t quarter of Section 3, Township 23 North, Range 5 East, W.M., City of Renton, King County, Wa&hington, being more particularly described as follows: COMMENCING at the ~outhweste~ly corner of said ~ract 3; T"nENCE along the southerly line thereof, S 87°53'20• E, 20.02 feet to the east line of the west 20 feet of said Tract; THENCE along said east line, N 04°55'31· E, 5.01 feet to the north line of the south S feet of said Tract and the TROE POINT OF BEGINNiltG; THENCE along said north line, S 87°53'20• E, 195.0l feet to a poirit of curvature; -!., "!1!£NCE southeasterly 16.09 feet along the arc of a ta..~gent curve to the right, having a radius of 25.00 feet, th.rcugh a central angle of 36°52•11• to the southerly line of said Tract 3; THENCE along said southerly line, s B7"53'20° E, 27.45 feet to a point of curiratu=e; ,. A." 34()0.i 9th /W. So .• I'd«. A • ~, ~ ~ 9800] EXHfSIT ___ _._....,,, Vib1 ll0619J6-(,.113 • ~ 110t,,19:z1-0ft19 • ~an~ t2061ftl3-5911 • Fa.1: 12061 !1:36-71().( Page 1 I . , I ,... ;g tJ Ei.g!..l;:lr:.C. Bee~ 1'.ddition August 25, 1994 Page 2 THENCE northwesterly 7.98 feet along the arc of a non- tangent curve to the right, having a radius of 25.00 feet, the radius point of which bears N 38°58'51R E, through a central angle of 18°l6'4S" to a point of reverse curvature; THENCE northwesterly 43.32 feet along the arc of B t~ngent curve to the left, having a radius of 45.00 feet, through a central angle of 55°09'00· to a point of tangency on the north line of the south 25 feet of said Tract 3; THENCE ~long said north line, N 87°53'20w W, 19,.03 feet to said east line of the west 20 feet of said Tract,- THENCE along said east line, S 04r.55'31" W, 20.~2 feet to the TRUE POINT OF BEGINNING. Coctaining 4,~65 square feet, more or less. See attached Exhibit ·EA- Written by: C.A.G. Checked by, R.J.W. 2'4.101 f)OIIS!f ~·;,·~·;;..-- F agc 2 -rt f - ' t ' . ·, \- II I I • I I • EXHIBIT "EA" TO U:COMP1'N'f LEGAL DESCRIPTION FOR EMERGENCY .,t,.C(:ESS E.t.SDIENT A PORl'JON OF THE So/I 1 / 4 or SECTION 3, TWP-23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASH1NCTON I ( --- - I _J_ 4 n SCA!.£ : 1· • 50' _L 1 1 I I I PLAT OF "JOSEPH P. MARsJ-l.AU TP..A.CTS' VO' -,a = ...., I ..._ -, r<J. ~ ' ' I \ I I i i l I I ; I f • l ' j l I -1 ' I ; 11M I II • . ES I . ! ' '· I ! ' LEGAL DESCRIPTION TRACT 5, JOSEPH P. tlARSHALL TRACTS, ACCORDING 'rU 'Ii-iE PLAT RECORDED IN VOLUME 38 OF PLh!S, PAGE 30, XN KING COUNTY, WASHINGTON. EXCSFT sT;,,::r:::: JIIGlm;s. TITLE REPORT SUPPLIED BY NORTHWESTERN TITLE UNDER NOS. NT0425J9, NT04254D, NT0425441 ~ND NT042542. I I I I j 1 "i !~ .:, ~ •.•11. ~ ·;1? ' ... :it '-~ ,~ § I ! i I, I ,. I I • I l I '· .,,::;;;9 AT REQUEST OF: PUGET POWER ...... : / ·.·: EASEMENT For and In conslderetion of One Doller (!1 00) and othar valuable consldNalion. th& r~e!pt o! which Is hereby a:knC1w:dged. ALEC A. BOOK and MYRTLE BOOK, husband and wife ro,-ntor" h~ein}. hereby grant!, co."lveys and warrar:!s to PUGET SOUND POWER & LICHT COMPANY, a Washington Corporiition ! 'G rantt>I';'" l'ler('1n). tor !i,e purposes here,nal":e~ se: ~er.:i: a ~cr;::etl.l.?. • o 21s'!"":"\!'": ov!'r, .iefl'l-;,; itl"ld under !he lollowiT'lc_:l ':'"~'"'''"'"'" ,.,.,1 !"'"!""~~ lf!;i> .. P,oo .. rtV here,ni ,n KING COUNTY. Wast-.,n~cn· TRACT J OF JOSEPH P. MARSHA.U TRACTS, AS RECORDED IN VOI..\Jl,l!E 31!1, PAGE JO, REC01=:0S OF KING COUNTY, WASHINGTON; CE1NG A POrtTlOt,I OF THE SCIVTHY(EST QUARTER OF SECTION 3. l"OWNSHIP 23 NORTH, RANGE 5 EAST, W.M. E)(cc?: ;;:;. may be :::!n=:-.•11:c s:;:! forth hei!!i!'I <3rti'l'e!-''S fl!;!h!s '-h:111 be exemsed upon that portion of the Property (lhe ~RigM-0f-W.Jy'" herein) described a!i follcrws: A--Righl-o'-W.3y ~ fuC c,f lia c;L ·otL 1u:1:l sltS'.e ~ a 'oletll111'1"11' 0,4¥..crib&a-a&. ~ EA~EMENT NO. 1: Au. STREET AND RO.AD RIGHlS-Of~WAY AS P«:M M HERE.UTEll OESIONEO, PUTTED, ANO/OR COHSTRUC?cD WITHIN THE J,JiJ,Ol/'E. OfSCR18£D PRCP£RTI'. (Wl-4£~ SA.ID S~ETS A.NO ROAD~ ,.;tE DEt).CATEO TO TtiE PCB1..1C, THIS C.1-AU!E SHALL Btco,.u, NULL ANO VOID.) EAsEMEtlT No. 2: A STRIP Of LANO TEN (10) FEET IN 'MDTH, lOCATetl WTn1lN S.AJ0 PROPERTY LYING PARAUEl WITH AND AO.JOINING All. PUBUC ANO it:RN•TE STREET ANO ROAD RIGtfTS-()f•\\'.:..v. ~·' --.... .... ~ ...... •,;_.··~ EASEMENT N~. l: / .. :~.)·~~·v-~:~c''•)-' ...... :. TlfE sourn 20 FEET Of T'tlE WEST 200 FEri Of TliE: ~ ~ P'ROf'l::RTY, . ~ ~/: -;.::::: -J;? 1. PurpoH. Grantee Shall havt thie ri;ht to eon~.-o~:,-i~ .. rlfl)air, ~.see en~ ~lar:e O"'e C!f' more el,ectric trensmiuion and/or Jistnbution linn ~ ~fJJOf und., ~·~.()f-W•Y "tog~hef Wl'lh all rwonury or conrtr.ient •ppurten111nCH lhftfe10. which may Include tM af"1t t10f AOl~Jci the lollOMfflg . •~ .,. a. Overhe•d facilities. Pole-$ andfor towe,s wi!h cro-;urms. braces. lil!J)"& and anchors. e6«:t:ne tr1m~m1ssion and distribution linn; commvnication and Stgn11l linn; transfomien L. iir,.:c;.;;.:;.;;.t: •·-1114 •--. U:-~~:.~-~~ ::::-:::..-:!=, e:~. "'!'!':..~. ~,~~-cwt!~ ar-.t: transfonners: s1::mr-buned 01 ground mour:!ed faeilltle! -such H pads, tranlform..,-s 1nd S'Wit.d\n. FollOW1ng the Initial c.onstrud1on of 11:s fac,tilin. Gr•ntre may from time lo time co:,s1rud s~ addll:<on•l lines .sr:~ o:hcr facili!1es a-s it may require. 2. Access. Grantee s."1all ~ the nght of •~s :o the Right-of-Way ow, 11rid aooss the ~ to enable Grantee to e:-i:ercise its righls herwnd~r. pm,id~. th" Gruntee IM11 ~e Gnintor for aey damage to 1~-, Property causctd by the e'llercise ot said right of aceHs 3. Cutting of Treas. Grantee shall have the right lo cut or trim any and ai1 bn.th er trfft l!lne'ing or growing l.iS:,On thit R1s;hl-af-Way. and atso the right to c-A or tnr:, •ny tr.._. upon the Ptop.,-ty 'M\lch. m: fa!hl"lg, could 1n Grantee's reasonable judlilment, be III hazard to G,.ntee·s fadJties. •. Grar:tor'• Uu of Right.of-Way. Gran1or rneNTS tM rigtlt to Uh !he Rlght-of..W»)' fOf any fHN1.'0H no!. inconsi!itenr w,u, 1h11' ng~ts herein gran!ed, ~Mi. that ~ • .tor sl..&: IIOt conct.n.d or mtmtai.n a.-:)· t.:..~; Dr other stru~ure on the ~ight-of-Way and granlOI" shaP do no blatting w,tNJ, 300 f...C: of Onlntire·s fa.cilltin without Gr1ntee's prior written consent. 5. lndemntty. By l:::epting 1nd ~!ftQ this NMl'nil!fft Gta~ .. •~=:id~ and hC!d hatmlnt Grantor lrom any and all c:laims for tnJurin andlot dam.Ilg" 'IUff.-ed by any P«"IOft, .t!-!Ch may be caut.ed by the Granttt·1-twf!'~11 of tha-right, Mr•in pnled; P«Mded. 1het Grantw Shan not bt ~ to Gtlntor to, any 1f'ljuri,., 11nd/or d•meg,.s to •"Y person ceus~ by acu Of ~sic!IS oi Gtfflor ti. Ab:indonment. The ~1'ts ~~ 9'-~l'd 'lhllft ~· u,r:d sucti, , ...... I!"." ,:-..... -,.._-. 10 ..-the Rig~-or.w.sy for a period of~ (SJ sUCCftsNt rre,. 'l'I ..tldl .wt'lt ~ ... ~ 1h18 termanr.• and -'1 ngl'lb here\.:rie!et stia11 ~~ 1<' Gran1or, pr~. thlt no at,ar::~::-.r.:t sha~ M c!~ to t,...,. OCCUl'Twd by reno:, of Gf4nt~·,. la1•u·e to inrtiany install tts lat1l:ws on the Right-d.'·WIT W¢tlln any Pll!f*' of 1ltnt !rom the Gate hereof. 78J 30 :-e"" 9.t09034X01 KJIU:001 1lS.,, ,• ,. -· 1 ' 1 i • J • ' l ! i i • I l i ' I I ' I i I I !J:; ~ L'l 0 C") N c~ 0 :.t) :!') 7. SccccUOl 1nd A11l~n1. The nghts incl' obligt.tions or i:hl! parties ,i;hatl inun!! to the ~i!:M of and be t.·~!!1:1; :;p~~ !!'\cir re,:,ective S\JCC'!'5'iOr!i !'1d l!U!'iJM DATEO I this "j L-~ GRANiOR: {.'.4,.. d•y of ALEC A BOOK and MYRTLE BOOK. hu~band <md W.fe BY .:&,&z,""i±, ;f} -~ k __ ~V- STATE OF WASHINGTON J ) ss COUNn' OF ) 19 On this daiy personany appeartd before me ALEC A. BOOK an-d MYRTLE BOOK. hus~ and wife, to - ,,.u, knO'W!'i to b• the indrvidu11l(s) dKcribf'd ln •nd who e,,:PCUted t:i• wit.hin arid !oregoing in,trurnent, th•t -r:'ti _-signeJ the umo a,1:til.l<~ :;e1:1 a;-,d vc:ur.!a:y ar;: a:.:"'":~ t:~ the usH and p:.irposet. there,n ment1 ed GIVEN under my han<! and official seal th!s-=J_t_A_day of fJtJ.,tl m O!J 1g 9'{ ., t{i, c" 1 -. Liu 4 &aa1 I .v·/, Pnnt Name &CU /1(!:t fao m Not.ry Public¢ and tor tM_ S'..ate of Wuhing;on, • R£s.~m; ct /trk/0 ~[ f2E"-/l Atl/1rlHJ My"""""'"°" -(r-15 -(jy STATE OF WASHINGTON ) ) ss COUNTY OF ) On this dsy peno,iaTiy •pi)eared b6f0te me to me tl"!O'WTJ ,o b& the !rd!Yit!!..!a'{s} d~'"flbe,4 In and who executed tno Within v,d fo.ego.ng ~ .and ~Id tt-.at ----,---,--siQned the MU!\e as free and ~ ad a."\CI ued for !he uws ~ purpose-, therll'<n ment1on!KI. """'""""------------ Nd.ary Pi.1'be in enc: for ~.e Su°..? cfWes~on. Rf:Sldt'.q et------------- lly eomrn.ss.ton Ol*'N _______ _ \ i i l • i I l ' j I I I I I I I I i I \ · · '.:-t'ff.tf fOR RUO~J: ~T Rf~'1 Jr. i . :ml' ,. 1li mr c:rn 1 l!/(!('l! ~l.li:&S. !Iii I<!! lit II. 2'111..!iml C! T'I' or ROHOI-!, \IASHtNCTOH rOI..L0 .. '5: ~M OROlHA~C( ~r THf CIT~ nr ~[HTOH, .. l~~JMCTON, ESH8LIS1HM:l ~ sP:Ct,.:.. ASSESSl<EMT 01su::cT roR !"Ml t~,ty s~•tR SE"VIC( IM TH( ~u~~LL ,.Yttt~[ M.l. 5AHit,.~Y S!•~~ [XTEHS.:ow 5[flYIC: AREA AHO [StAtl'..!:SMJH::i THE l,_MOl.:tf! er lrl!: CHA~C[ L~O,, COMMCC1Jf~ 1a T~t FlCJ~lTltS. S,L C•tiiblt ~A· •tttc~od her!tc ~nd ~,1, ~ p~1t her~or •• 1r rully ••t rcrth herein. ':-.00 general hcUlty an!'I trunk conn,ctlon ,chu·,;ie, 1,1d in tddlUon to th, special TOTAL ASStSSH(HT CO~T: 10T~L ASSESS~CHT ~OOTAt-E: TOTAL COST fER FROKT FOOT: $1~2,556.45 ,o6&.2} front r,~t $)1.,958~'9085 a•ceed 1,n• er the orlg1n~l 1ssessaent cost per Seetl?n e-?17-C of the Ren~on Municipal Cod9, pert•ln!n~ to ~ropertles nat previously assessed. SEE EXHI!IT •A• (tor property descriptions an~ •sses1aerts) •porovel and thl·ty l)IJ) days afhr putilleatlon. ll•t.. of PublleatiDIH f"br\P.ry 27 • 1987 1.J.7.07:ANKiet 2/lt/9? E . 1.-, ~:.••-•"''--·•------,._, . ..,""'""""""'::11=""'"'"---·---------""',.,..-----...:s,•r.;·:--· .JS; ! J',:' ' I l 1 ' OP-DINANCZ NO, ~ ~~HI I l T •A• NOllCI or AO~IT10N•L WATER 0~ 5£r.EP. r~ct~tTY TlP 0~ CONNECTION C~ARCf.S lll~U!l!.£0 IV RCI U,OB,17 c.,) (RC'II H,'2.02'~ JF KU~!CiP~lITT -~:Tl or ~E~f~N. ~~SHI~CTON ~D~ITIJHAL -~p OR c:~HECT!OH Pil.OJECT HO.: -~·~-~'~'"'-- ~CCIPUNT: clt ar Riento,, Sl'2:2',556.45 TOU.L lSSES~tnT F"OOUC(: (Front roo~•G•, SQu•r• foot•;~. or ton• rront rootege) ~ TOU.l COST HR fROHT FOOT: _,s0,,,".,,,,,,,,,,,0 a,,0 5,_ ______________ _ ~ r. (1J 0 H U11u 1t 1ny :tVl!thn regu-clln9 tto, r,aicl or !.lnpdd 1tetv1 or ttu1 11:l fttllo·dng uuueenh, i;.luu c1ll tht City of Renton, UtU!ty EnQlneerlno 0 D11p1th•nt 1l 235-2,:,l. I'• Cl:I Inhnst nte dll be calt:ulattd at 7!1i pu •nnu• from 1'86 to date, not to ••caad l50S or lhe orlgln1~ ,,~ess~ent cost peT s~ction e.;11-c or the Renton HunlClptl Codm, pert•ln1n~ to properties not previously asse~sed. lJ.OJ.~HH:•r ;"'· J... :.;,· ,~· ..... i ............ ____ ,..., .. ,.,.,.,_:o,,.co ... ,;;.:;;:,,ei;.;;:;.;;;,_f,!".~·---------- ..::·, , . 2. 3. 5. •• e. •• 10. 11. liU 7 O~l~U ... ~c;:: ~1. °'tl4~ DUVALL AVE N£ Ei~NJ"H~RY SEWER ~rIUt-4 !..Alt::t:ot1Fn Rf.l!..L ~1b'i7Cl-0141 ~lM7o-0142 51b970-01-',.0 !i16Y70-0152 Slb'i70-01.53 ~1b'HO-0151 5lb'i70-01~0 :516970-OU,O 0,:';2305-'iObS nHISIT "A" LOT 13 MARB~AL JOS P TNO ~ ~2 F1 or W -~~ FT OF 5 l/J &, ~ 30 FT L\' E or L~ ~~.r.; so1-1::.:-oow FR ~T 1:J.r) FT w or NE con SD fl 1/2 LOT 13 MAR6HAL JQB P lRB BE-'.G AT t,,:r, COH: OF C I/:! OF TR TH N 91 DEG 48 HIN ~8 6Er. W 130 FT TH 9 Ct DEG \2 MlN CO SEC~ TO PT 30 FT N OF 9 LN TH 8 97 CF.0 ~3 H!N ~l BEC ~ TOE LN TH NLV 10 9E3 LOT l~ MAReHAL JOS P TRS N 1/Z LESS W ~76 ~~ LF.58 N 30 " 3t:", ()0 161.23 LOT 14 MAR~HAL JO~ p TRS eo.oo BEG AT sr co~ 0~ TR TH NLY A~G ELY LN 00 FT TH W FLW S LN 1~0 FT TH SLY PL~ F~Y LN BO FT n1 E 150 FT TO B!:.0 LOT 14 MARS~A~ JO$ P TRS 105.00 BEG ~TSE CCR OF en ~R 14 TH N ALO THE E Lt.I o;' so TR ec, FT TO THE TPOB TH roNTG N ALG 50 E LN 105 FT TH~ PLW THE S LN OF 5D TR 1 SO ;:<r T~ 5 PLW TH<C E LN OF SO 1R 105 FT THE PLW THE 5 LN OF ~U 1P. 150 FT TU THE POEl un 14 l",':liHSHPL JDS P T~S 14.'?9 LES9 N 123 FT LES~ BEG AT ~E COR T;~ l.:t.".' tlLO Ei...¥ LN 185 FT TH W F'LW S L.N iSO FT T~ SLY f'LW ELY LtJ 18!5 FT TH ELY 1'50 F1 10 BEG LOT 14 t'tARS~AL JOS P TrtS 1Z3.00 N 123 FT LOT 15 :-~RSHAL .::os P TRS E 1/2 ~ N 1/2 TR t5 W OF E ~N OF W 647 FT~ B OF N LN OF 5 30 FT tllT 1 !; t1ARSHAL JO!:. f" 1:$ t-1 N 1/2 LESS W b47 FT LE5S S ~O FT S 1/2 OF 5 J/2 OF eE 1/4 OF !'!t! : .'~ LY W OF CO PD LES5 N 1~3 FT Ml.SO ; g-z [1-381 .f3, 19~. b7 ~s. '259. 2s 12. 13. ... 15. 17. .l ( =• oRDn:AN(:J: No. ~L r.Lr.'ALL Al.'F. NE 5t.f~1TARY ~FJJfR EX-:'ZNTiON LATF.:COMER ROLL UHIBH "A" 03:2;.o::-<;'092 0.::2.30"=·-"1074 o:;:300-'908.::'- 032305-q1se 037:;1)5-924G 03:;:305-qobb ,• .. , .. , ..... N 1-s: FT Of-C " 4 nc OF s 1r:. OF s ~ 1:;: ur-SE !/4 CF "" 11< LV "' OF NE\~ CASlLE "" s 80 FT OF E 2(,(l FT OF :HAT ms OF N 1.1'2 OF s 1/2 OF SE 1/4 CF NW 1 /4 1..V w OF r.lL OF NEW CASTLE f.:V :..ESS cc RD 2EG N<N E LN t1E 1J !:A51LC RD ' s '-'' OF N !/2 OF SE l/4 OF "" l / 4 TH E [IN so s CN 4or, FT TH N FLL so RD ~ 70 FT TH w F"LL so 5 LN 4(1(1 FT TC "" Hl 5 ALG RO t 7,~ FT TO PEG LE.SC> 5 s fT THOF PAAt' UN ELY MGrJ m· NE1>I CASTLE "" 52:?.65 FT ti;.. y OF 5 LN SE ',. OF NW 1/4 TH CONTG "'LG 50 t":GN tl.l~.13 FT Tl~ N B9-SZ-(•() E 144. 74 Ff l"H 5 •:\-04-00 E !0'5.8 FT TH S 89-~;?-00 W TO POE< OF NLY FOR N 1/Z OF S 1/2 OF SE t/4 OF NW 1/~ ~EG N 1/2 OF ~L\ MGN OF NEW CASTLE R~ 138TH (.>.Vic SE l,I I TH ~' Lt,i IJF LMU) PCSC UNIJER AUD FlLE ti 54::9666 A\~A TL 1~8 TH ELY ALG SO S !_N 10 ~E COR SD L~ND TH S 1-04-0U E l (10 Fl TH 5 89-5:"-(l~l l,J l O ELY MGN NEW c.::STLE RO TH NLV ALG SO ELY MGN H•O FT MIL TO ?OB N 1/2 OF 5 1/~ OF SW 1/4 OF NE 1/4 LESS W 2~0 FT TGW N \/~ OF 5 1/2 OF SS 1/4 CW NW 1/~ LYE OF NEW CASTLE PO !...ESS REG NXN OF EL" tlf":';W t-''!::W ("ASTLE RO WI-rt-I NLV LH OF SD SUDO THE FLW SD NLV LN 144.?~ FT TH S 1-04-00 E 200.R FT TH S 89-52-00 W TO ELY ~N NEW CASTLE RD TH NLV ALG SD ELV MGN =oo.3o FT H/L 10 PEG TGW PORN 1/2 Of' SE 1/4 OF NW 1/4 PEG NXN OF ELV ttGN NF.~ CASTLF. P.O WI TH SI ·1 LN OF SD su-e:o TH r,IL V A'.6 .~: HGN 5 Fi THE PLW SO 5LV LN 400 fl TH 5 PLW SD RO HGN 5 FT TH W TO PO~ LESS W 144.74 ~T THOF 153. 0i'l 80.1.."\1., 16:S. 1,.1(' 105.8(1 100. 00 107.99 :fb,1l9.'.9, !3, 1"19.b7 S6,5q9.31 :kll.231.~6 :t::: ,9'79. 58 ~ '"' ~ ORDill.1.NCt NO. 4045 'DUVALL AVE ,-,i:: SAfJITARY SEWE~"TION L~TECOHER ROi....L S-381 nmsn "i/' Fr-ontag~ ( •• ........................ ,. r.•,a .... _, • ...... c,,,,. "'•""'" <•::•9: ............ ,,, ..... -, ............. • ,a.,,< ... .,.._. ,s; .,.,_.,.,B • <e-' • C,,, .. .,. .. .,, "'"' ,,, .. .,,,,. 18. C3230S-91!i7 19. 03230S-?C'OB ~o. 032:t05-9212 "' <l' C o-4 (l) 21. 0 V, 0 ~· r-... fZ] 5169/Q-001r 23. ~16'970-0015 24. 5i6'970-0020 ::s. 516970-0026 26. 516970-00:!0 PDR 5£ !/~ OF.NW 1/4 -BEG ~E co~ ~F NW 1/~ r~ N 209.83 FT TO n•o1:1 TH N 100 FT TH hi AT RIA TOE H~N OF 138TH ~VE SE 111 S 4LG SO E MGN TAf-" t!lREC1iV W oi:-TPoa THE 10 lfOB ~ LY WLY OF A LN 6EG SE COP. CF ~'W 1/4 TH W 321.80 Fl 'YH "'1 01-0111-00 W TO N t1G~J AEiC\'E DESC PAftCFI. POS s.:: II• OF NW 1 _,~ BEG SE COR SH N 209.83 Fl TH W 302.35 FT TO TPOB TH 5 1()1.83 FT 11--: w 173".b FT H/L 10 ELY MON 1::<1'3TY. A~ SE TH S"LV TO PT W OF SEG THE TO BEG 100. 00 104.83 f!F.G 1018.90 F'! E ~ :,,) FY t,I OF 7!;).00 SW COR OF SE 1/4 OF NW 1/4 TH N 7~ FT TH W 173.6 Fl M/L TO ELY HGN OF 138TH AVE ~E TH SLY TO ~T W Of-PEG THE 17B.l rr t-:1L ,o s£G S ~O i'"l OF SE 1/4 OF NW 1/4 30.00 LY ELY OF ELv !1GN 138TH AVE SE LOT 1 MARSHAL JDS P TRS !31.46 LO'T A RENTON SHORT f ::t.T NO 047-77 RECC~DINO NO 7812!490!9 u .. r 1 MARSHAL JCS P tns 191 .. '54 LOT e RENTON SHORT PL~T NO 047-77 REr.CIROING NO 7B12149Q19 LOT 2 ~ARSHAL JOS P TRS POR 147.99 ~OR BEG NW COR TH SLY ALB W LN 147.99 FT TH 5 87-lS-17 E 126.70 FT TH N 02-2•-4t E 147.84 FT TON L~ TH lolLY ALG SD N LN 120 FT TO POB LOT 2 MARSHAL JDS P TRS LOT 3 OF CITY OF RENTCN SHORT PLAT NO 307-7~ ~EC~DING ~ 7B12'.4qo1q LOT 3 MARSHAL JOS P TRS 124.81 322.4& S:2,99'7.t,9 S:1, 199.88 $7,660.80 $4t991.88 :1'12.897.06 T0TAL51 3064.23 •122,5~6.45 COST PEA ~UNNING FOOT OF FkONTABE1 39.995839085 .; ' 1 DEED / Jr."o . .-/ht'nt Pndjir Railnmd CC1m· I pa,,_,, a ('()rp mtd Artt.1/ Con_t:. mM/rl "A11 Ad Gra11ling Lds ((; aid 1"11 I Ilic ro,utn1r/.•1 "./ t1 R. R. and Tr(r:. Li,u /rom Lk Sup. lo P1~c;cl Sd ou /Ju I'ac. Coast b;• //,c Norllm 1(t1t/r, '' I nPf,-.'IIJ11{1• 1-64, F. p. a11d 1/:e Cm Ira! Tmst Ct1,irpa11..1·, v/ Jlr.l' Y£1rk, a torp 1mt! Jmn iJf N. l:, Trusler-unJ nt!g. or D. of Tm.ff nur.dt f!.1· F. p., Did Jar1. r-Sr, S. p. 1, ~, y\v,Jl-tr-<. ~ -{_ t,fit{ JP lora) 0 l\)'~ LOT I' : I s,,...1 j ·~ / I . I -D-AT_E_D1-_:-,,-: ·1 1-~-;-1~-:-· _ ~/-, -!=1==~,_-:_.--~~:~'-----~--;,,-:_-,w~~~~~:_,i ~. :· '----I: •tr., ' , ~ . I 1_r_1L_Eo~J~5~\ ~[_: \,...3_. ·~-, --x~-, '9'!~- 1 '---l m. '),! N, L ~~ 'i/\t \ . Atl:'d 11/ C &-le.I, Nrti• 1·,,rk. N )" -----~111-1!-~\~1,~0-'.-----'l I, F.J.f"l'ir,-.Ar.11,~•i•,:.'"• 1,1..,,.~·)~~~ -tn fl R Kidd C, • ' 'Y 5. ,. /!"' .,,u.f'I.,, "t:•••r-.,., bJ \,-Y:-(I 'I -«~1 k • "· om11usr tif l>trtl!, / I c.-.,o,:;, forth~ S. IV. i11 ,Yl';t' i'o..t m. al lri1 If/fur;,. 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Sp i, shall rels tAt: id SD "ld & pd for, Jrorn liM of z,d m(Q ; ,rnd, whas, Fp l1as sold ."1p the Jd hillf!r dicbd f. Ji o( .sd m'fJ, fnr price hi,rftr spcfd b, not lts!f than appraised ualru approvd by Sp, and Sp ha:i; brrome party hereto JDr the prirp.~ ,,, rdrnt.g ld hbJJ eyd/rm lien of sd mtg: ti .//ow, Fcl Sps by virt1111 of pou1ers in ~d ml_q, and in cons "J $ ..... C..'.J'.J , ...... to F.p d: b!J it to Sp pd, D". g b .<.arc c e • to 3p ha thefolg des. l,l ill KC W; (aver) · RtsrtJfl .l t!.T:cpt11 /rm .1d tucbd prems, 10 much & sch part, th"/ ns o.rc or mo.y be minrro.l lds, er :-ontain ttJal or iron &. 7lJ!'" 1 p 1 a.l.<.o the w:11 of uh iurfact (1rd a.s m.a.11 be 11.ecessarv for mining optra!.-1s & the rt tJ/ acr'c.<.s Jor p11rps of"t:rploring dei,f'l-· 11• apg &; Wflrkin11 same, ~ 1111: ,9 & .tc;,t.9 £7.c I 1111 • ,1 ,; c/.t:' ut,Z,, rh,u tf.e s ,<a 1 1 '• :fJS I ip ,r fd H -~ P , ·,v ,II rl ,H 1 , ~) g.[ rbr zridtl f t9Q }l, BQ9 ~"Io, ta,, 4}' w,: c : ol !h . Pac. NF. o, 11.1;: cf its ~ ,H brr ts Ir r:rod{o I of L _. gr oth,r li'R;ucrs inrasrlhela(,d R'?o augbiauc!.ha. A,, 1 sl.,rr h Ir te: ••. o, ·o·, 1 Hlhi. ?OOPfl}· rd d1rbd nrev t[ . T,i h etc b id 0 t]ld ldJ fret cl cir of all tncr1ml,ranr'tS xcpt laxs nnd nsse,:.'tmf.<. nccrd since .. 'l\d}. ij ' .•• upon IA, con- difo.<r ,& 111/Jjcl le the rt&ervatns nforid: G. lV. bJJ F". p. zr:pl la.xs & arn'.'~smts as a(nrsd. \.Jt1.~ ll~ ~'f-~~\;'l)'{a~ In wit who/ F. 011d Sp., h.ar,t carud thtst prts!s lo be ~ealcd ruith lheir rcspulirr: corp snils. \-,.,.:t.r,J.. \.,~1..;....,~~t,. V"'u. ~~·. < ··· 1 / NORTHff/N PACIFIC RAILRO CD COMPANY. , C S l Pg \\ ~VI \) "f'(.JJ;._~ Vicr-Pruidcnl, [ N. !'. R. R. Co. I , - I orp. '" . -~ . ' . All"/, . _JJ\~ . .)\ .i.~.... . . ... S"V· CENTRAL TRU!/f COMPANY OF NEW YORK fTn,s/ecJ Bv ... 4)Jf.JJv-'1-N--.. ,._\ , • cl •I I Attest •... tl .. \ \fWXw,.w~. / CT. C•. •! N. Y. . Corp. Seal I February 3, 2000 Mr. George Bales 13427-156th Ave. SE Renton, WA 98059 r~-~·~~--~-··· ~ l ....;; ;.:;;.. ·, C O N S II I T I N G E..uN_,,_G _,_"N---"-F -'F._nR_,,.S _._J_.i..__~---- , --•'-,I/' l.·· .:,_ .····_· ·---@) Job No. 241-02-990-00 I ,, ....... ! I '' ,, ,!, ,, 1 RE: Replacement of Stormwater Swale Dear George: This letter is provided in response to your request to put ESM recommendations and your decision to replace your stormwater swale with a wet vault in writing. As pointed out in the feasibility study, the wet vault is not the least expensive option in an ideal world but it is cost competitive. The basis for decision is in part recognition that the ideal choice, the storm filter system is not so overwhelmingly cost competitive to overcome the problems with the potential for variance denial. The City essentially made this very clear by being unwilling to meet to discuss options prior to submittal of technical data. Faced with the uncertain prospects of success, the cost of the technical report and the potential of extended technical support being required prior to approval and the uncertain timeline, we felt it prudent to recommend the wet vault alternative. Ron Straka of the City has assured me that the replacement of the swale with a wet vault can be done as part of the development plans for the site without timeline problems. As we discussed, the wet vault is a below ground option, so there should be no reason that it can't be placed in a parking lot or landscaped area. After we talked I had a discussion with the President of Stormwater Management (the manufacturer of the storm filter system) regarding ESM recommendations and your decision and mentioned the possibility of them getting permission from you to pursue the storm filter variance for you as an option. They were very interested in the possibility but decided to wait for a bigger project with more clear-cut economics. Please refer to the attached layout as a preliminary concept for starting conceptual s=te planning. Note that a structure placed to the easterly side of the site with horseshoe shaped parking lot/landscaping wrapping around it seems to be the most likely site layout. Final site development will require a civil site plan and stormwater report, which can start with your architect providing us a site plan, and at which point we can provide a proposal to do that ~ork. 720 South 348th Street Federal Way. WA 98003 Tel (253J 838 6113 Fax (253) B38 7104 www.esmcivi!.com Tacoma 12531 927 0619 Seattle (206) 623 5911 Bremerton (360) 792 3375 L _____________________ _J__ ____________ ~ Mr. George Bales February 3, 2000 Page 2 If you have any questions please call me at (253) 838-6113. Sincerely, ESM CONSUL TING ENGINEERS L.L.C. BRIAN W. HINTHORNE, P.E., P.L.S. Project Manager Enc. 1:lesm-jobs\241102\document\George.doc I I· I I I I I I I I I I I I I I I I I CAL CU LATI ONS Size wetpond (1990 KCSWDM 1.3.5) surface area= 1 %+ of total impervious Pt-wq=total volume of 2yr 24hr stonn/3 by SBUH the 2 yr 24 design storm for the site is 16665cf Pt-wq=1666S/3=5555cf based on 2.1" rainfall 2.14 acre lmpervious(cn=98) 1.49 acre pervious (cn=85) three cell design with 10% of surface area in first cell(4.6.2) area wq surface =2.14*43560*.01=932 sq ft area cell 1 = 10%=93.2 sq.ft. minimum length to width ratio =3: 1 pond geometry at minimum length= 17.62 by 52.88 (6' deep vertical sides) assume 2 five foot wide dividers and 15' wide maintenance road around pond surface area =(52.88+2*5+15+6)*(17.62+15+6) 3239.4456 s.f. for 3: 1 sides surface area=(99+2~5+ 15+6)"(30+ 15+6) 6630 s.f. preliminary cost evaluation for standard wq pond initial cost land 6630.00 $ 15.00 $ 99,450.00 design 1.00 $ 6,000.00 $ 6,000.00 mobilization 1.00 $ 5,000.00 $ 5,000.00 clear&grub 0.15 $ 5,000.00 $ 750.00 exc&emb 222.22 $ 14.00 $ 3,111.11 erosion control 1.00 $ 3,000.00 $ 3,000.00 roads 2725.00 $ 0.50 $ 1,362.50 inlets 2.00 $ 500.00 $ 1,000.00 12" storm 150.00 $ 20.00 $ 3,000.00 54" manhole 1.00 $ 3,000.00 $ 3,000.00 fence 362.00 $ 20.00 $ 7,240.00 landscaping 1.00 $ 6,000.00 $ 6,000.00 subtotal $138,913.61 maintenance(total year) $ trash and debris 10.00 $ 40.00 $ 400.00 hour for 1 O times a yr poisonous vegetatic 1.00 $ 40.00 $ 40.00 hour a year pollution oils etc 1.00 $ 200.00 $ 200.00 once a year ground cover/mowir 30.00 $ 40.00 $ 1,200.00 an hour a week erosion 0.50 $ 40.00 $ 20.00 sediment removal 0.20 $ 1,500.00 $ 300.00 every five years settlement of dikes · 0.05 $ 1,500.00 $ 75.00 once in 20 yr spillway 0.10 $ 250.00 $ 25.00 rock repair every ten yr total yearly $ 2,260.00 Total yearly for 20yr life at 8% interest $16,408.66 I . I I I I I I I I I I I I I I I I I I stormwater management system design assume pretreatment required from 98 manual wq storm k=3 for standard pond from 98 manual wq storm k=.75 for pre treatment therefore pretreatment is (. 75/3)"wetvault volume required above=(. 75/3)"5555=1389 c.f. wq design flow 64% of the 2yr 24 hour SBUH is typically used for the given site condition the flow is 0.60 els alternate design flow is the full 2yr flow downstream of detention preliminary cost evaluation for stormwater management system upstream of detention initial cost land" 0.00 $ 15.00 $ •surface can be parking lot design 1.00 $ 6,000.00 $ 6,000.00 mobilization 1.00 $ 5,000.00 $ 5,000.00 clear&grub 0.07 $ 5,000.00 $ 350.00 exc&emb 100.00 $ 14.00 $ 1,400.00 erosion control 1.00 $ 3,Q00.00 $ 3,000.00 roads 0.00 $ 0.50 $ Inlets 0.00 $ 500.00 $ 12" storm 260.00 $ 20.00 $ 5,200.00 54" manhole 1.00 $ 3,000.00 $ 3,000.00 12"20 wq vault-cone 32.00 $ 650.00 $ 20,800.00 fence 0.00 $ 20.00 $ landscaping 0.00 $ 5,000.00 $ special studies/pem 1.00 $ 12,000.00 $ 12,000.00 stormwater sys. lnsl 1.00 $ 27,000.00 $ 27,000.00 subtotal $ 83,750.00 maintenance(total year) $ plugged air vents 10.00 $ 40.00 $ 400.00 10 hours once a yr sediment removal 0.20 $ 1,500.00 $ 300.00 every five years joints repair 0.05 $ 1,500.00 $ 75.00 once in 20 yr pipe bent 0.10 $ 250.00 $ 25.00 rock repair every ten yr manhole cover 0.20 $ 300.00 $ 60.00 locking mechanism 0.10 $ 250.00 $ 25.00 cover 1.00 $ 100.00 $ 100.00 ladder rungs 0.10 $ 300.00 $ 30.00 stormfilter system 1.00 $ 1,550.00 $ 1,550.00 need confirmation total yearly $ 2,565.00 Total yearly for 20yr life ·at 8% interest $11,095.12 I ' I preliminary cost evaluation for wq vault initial cost land" 0.00 $ 15.00 $ •surface can be parking lot design 1.00 $ 6,000.00 $ 6,000.00 mobilization · 1.00 $ 5,000.00 $ 5,000.00 dear&grub 0.07 $ 5,000.00 $ 350.00 exc&emb 185.19 $ 14.00 $ 2,592.59 dispose excess on site erosion control 1.00 $ 3,000.00 $ 3,000.00 roads 0.00 $ 0.50 $ inlets 0.00 $ 500.00 $ 12" stonn 260.00 $ 20.00 $ 5,200.00 54" manhole 1.00 $ 3,000.00 $ 3,000.00 concrete structure 117.00 $ 650.00 $ 76,050.00 fence 0.00 $ 20.00 $ landscaping 0.00 $ 5,000.00 $ subtotal $101,192.59 maintenance(total year) $ trash 5.00 $ 40.00 $ 200.00 5 hours once a yr sediment removal 0.20 $ 1,500.00 $ 300.00 every five years joints repair 0.05 $ 1,500.00 $ 75.00 once in 20 yr pipe bent 0.10 $ 250.00 $ 25.00 rock repair every ten yr manhole cover 0.20 $ 300.00 $ 60.00 locking mechanism 0.10 $ 250.00 $ 25.00 cover 1.00 $ 100.00 $ 100.00 ladder rungs 0.10 $ 300.00 $ 30.00 total yearly $ 815.00 Total yearly for 20yr life at 8% interest $11,121.69 I . I . I I I I I I I I I I I I I I preliminary cost evaluation for stormwater management system downstream of detention• initial cost land• 0.00 $ 15.00 $ •surface can be parking lot design 1.00 $ 6,000.00 $ 6,000.00 mobilization 1.00 $ 5,000.00 $ 5,000.00 clear&grub 0.07 $ 5,000.00 $ 350.00 exc&emb 100.00 $ 14.00 $ 1,400.00 erosion control 1.00 $ 3,000.00 $ 3,000.00 roads 0.00 $ 0.50 $ inlets 0.00 $ 500.00 $ 12 1 ' storm 260.00 $ 20.00 $ 5,200.00 54" manhole 1.00 $ 3,000.00 $ 3,000.00 12"20 wq vault-com 32.00 $ 650.00 $ 20,800.00 •storage revisions to meet fence 0.00 $ 20.00 $ vertical drop required by landscaping 0.00 $ 5,000.00 $ filter special studies/pem 1.00 $ 12,000.00 $ 12,000.00 stormwater sys. lns1 1.00 $ 24,500.00 $ 24,500.00 subtotal $ 81,250.00 maintenance(total year) $ plugged air vents 10.00 $ 40.00 $ 400.00 1 O hours once a yr sediment removal 0.20 $ 1,500.00 $ 300.00 every five years joints repair 0.05 $ 1,500.00 $ 75.00 once in 20 yr pipe bent 0.10 $ 250.00 $ 25.00 rock repair every ten yr manhole cover 0.20 $ 300.00 $ 60.00 locking mechanism 0.10 $ 250.00 $ 25.00 cover 1.00 $ 100.00 $ 100.00 ladder rungs 0.10 $ 300.00 $ 30.00 stormfilter system 1.00 $ 1,250.00 $ 1,250.00 need confirmation total yearly $ 2,265.00 Total yearly for 20yr life at 8% interest $10,540.49 I I I I I I I I I I I I I I I I I I preliminary cost evaluation for swale initial cost land 4297.50 $ 15.00 $ 64,462.50 subtotal $ 64,462.50 maintenance(total year) $ sediment on grass 40.00 $ 40.00 $ 1,600.00 20 hours twice a yr trim vegetation 37.50 $ 40.00 $ 1,500.00 2.5 hrs bi weekly for 30 weeks inlet ouHet pipes 2.00 $ 40.00 $ 80.00 2 hrs once per year trash 10.00 $ 40.00 $ 400.00 an hour ten times per yr scouring: resod 0.50 $ 1,500.00 $ 750.00 resod bottom every lwo years total yearty $ 4,330.00 Total yearty for 20yr life at 8% interest $10,895.65 preliminary evaluation for stormwater man. system w/vortech pretreatment upstream of detention Initial cost land• 0.00 $ 15.00 $ •surface can be parking lot design 1.00 $ 6,000.00 $ 6,000.00 mobilization 1.00 $ 5,000.00 $ 5,000.00 clear&grub 0.07 $ 5,000.00 $ 350.00 exc&emb 100.00 $ 14.00 $ 1,400.00 erosion control 1.00 $ 3,000.00 $ 3,000.00 roads 0.00 $ 0.50 $ inlets 0.00 $ 500.00 $ 12" storm. 260.00 $ 20.00 $ 5,200.00 54" manhole 1.00 $ 3,000.00 $ 3,000.00 vortechmodel2000 1.00 $ 12,000.00 $ 12,000.00 fence 0.00 $ 20.00 $ landscaping 0.00 $ 5,000.00 $ special studies/pem 1.00 $ 12,000.00 $ 12,000.00 stormwater sys. lnsl 1.00 $ 27,000.00 $ 27,000.00 subtotal $ 74,950.00 maintenance(total year) $ vactor truck for Vort 1.00 $ 500.00 $ 500.00 stormfilter system 1.00 $ 1,550.00 $ 1,550.00 need confirmation total yearty $ 2,050.00 Total yearty for 20yr life.at 8% interest $9,683.82 I I I I 08/30/1999 15:41 20622301"~ King County DEJ)e.nment o{ Natura.I Resources Ye:!.la Buildmg '°o Yctlu wa,·, loom 700 Suttle, WA 5N510~2GJi (.206) 2K-Gl500 July 12, 1999 Susan Eubank SvR Design Company 1008 Western Avenue, Suite 301 Seattle, WA 98104 SVR DESIGN COMPANY PAGE 02 ~. -. RE: The Overtake School -Central Parking Lot Paving and Fire Access (L99CG330) King County Surface Water Design Manual <KCSWM} Adjustment No. L99V03 ! 6 Dear Ms. Eubank: The King County Department of Natural ~sources \Yater and Land Resources Division Drainage Services Section has completed review of the experimental adjustment request for the Overlake School Central Parking Lot Paving and Fire Access project. You a.re requesting approval for an adjustment to allow the use of an experimental water quality treatment facility to fulfill Core Requirement #8 and Sections 6.1, 6.1.1, 6 5, and 6.5.5 ofthe September 1998 KCSWDM to which the project is vested. Our review of the information provides the following: Findings I. The proposed project would add 1.77 acres of improvements to the existing Overlake School, located at 20301 Northeast 108th Street near Redmond. 2. The proposed Central Parking Lot Paving and Fire Access Improvements encompasses grading, paving, utilities, and landscaping within the central parking lotand fire access improvements throughout the existing campus to meet King County requirements. The school site is approximately 62 acres. 3. The project is located within the Bear Creek Conununity Planning area and the Bear Creek Basin Plan area. Level 2 flow control per Core Requirement #3 of the September 1998 KCSWDM applies, as does basic water quality per Core Requirement #8. 4. S tormwater from the proposed improvements would drain to the southwest through a piped conveyance system and be detained in pipes to the Level 2 flow control standard. Stormwater would be released to an existing stream on the Overlake campus which is a tributary to Bear Creek, an imponant salmonid stream. RECEIVED JUL 2. u 199q SVR DESIGN CC •• 08/30/1999 15:41 20622301"" SVR DESIGN COM"ANY PAGE 03 -~ •• •• I I I I I I I I :~ I I I~ I I I The Overlake School Central Lot Paving and Fire Access L99V03 l 6 July 12, 1999 Page 2 Conditions Based on these findings, we hereby approve this adjustment to use a leaf compost filter system (known as the Stonnfilter™)in lieu of one of the facilities given in the Basic Water Quality Menu, subject to conditions enumerated below. 11 is recommended that the zeolite filter media be installed to allow additional field data to be collected on this particular media. However, this is not a condition of the adjustment. 1. Pre-settling shall be provided for all flows before being introduced into the compost filter. A pond, vault, or other facility capable of removing 40 to 50 percent of the annual total suspended solids (TSS) load must be used for pre-settling. A Stormfilter may not be used for pre-settling. The following facility sizes may be assumed to achieve the required 40 to 50 percent TSS removal: a) a wetpond or wetvault with a dead storage volume equal to 0. 75 times the volume of runoff from the mean annual storm (Vr), as estimated for the site per Chapter 6.4 of the September 1998 KCSWDM, , b) a detention pond or vault sized to meet the Level 2 flow control standards of the September 1998 KCSWDM, or 2. c) any water quality facility from the Basic Water Quality Menu. If a different pre-settling device is used, the 50 percent TSS removal shall be shown either from a) field studies for runoff in the range of30 to 100 mg/L influent TSS, orb) a combination of bench tests and/or pilot studies which assume rurbulent flow conditions typical of storm runoff 3. Because the project drains to an important salmonid stream, metal that might come in contact with stormwater should not be of galvanized steel because of the toxicity of zinc to fish. Plastic, aluminum, or concrete are less toxic materials and encouraged to the extent feasible. 4. Monitoring of runoff quality of the Stormfilter shall be carried out to assess the water quality performance of the radial cartridge design. The following must be satisfied: a) The applicant shall provide a letter from the supplier, Stormwater Management Inc., stating their intent to · or have a third monitor the erformance of the Sto 1[ter. If desired, the applicant may enter into an agreement with King County . to perform the monitoring. b) Monitoring must be completed within 24 months after project construction is ·7 completed, and should be delayed for 4 to 6 months after the·Stormfilter is onJine to I. I I I I I I I I I I I I I I I 08/30/1999 15:41 2062230]"~ SVR DESIGN COMPAl1Y PAGE 04 The Overlake Schoo) Central Lot Paving and Fire Access L99V03 J 6 July 12, 1999 Page 3 assure that the filter media is "conditioned" and representative of average operating conditions. c) Between three and five sto!lIIS shall be monitored for flow, pH, turbidity, hardness, alkalinity or acidity, total suspended solids, total and soluble reactive phosphorus, and total and dissolved zinc. Additional metals are recommended but not required. Flow weighted composite samples shall be used. Either automatic or manual composites may be used. d) A minimum of two locations shall be sampled, one to characterize the inflow to the filter (after pre-settling) and the other to characterize the t~eated outflow. Additional locations may be monitored, but must not be composited with the inflow and outflow samples. S. The hydraulic perfonnance of the Stormfilter shall be assessed by monitoring the water level in vault. A minimum of six weeks of continuous water level monitoring, coupled with inflow measurement, shall be provided during the wet season (normally October to April). 6. If a pre-settling device other than a facility in the September 1998 KCSWDM is used, a third sampling location shall be added to characterize the performance of the pre- settling facility. Five storms must be monitored at a minimum. Only TSS needs to monitored for the pre-settling facility. 7. A sampling plan shall be approved by King County prior to approval of building permit. 8. A water quality monitoring bond shall be posted prior to issuance of building permit. The bond will be based on the above monitoring plan and a water quality monitoring bond worksheet. A monitoring review fee of $1,500 will be included with the building permit to cover expenses for King County staff to review the data obtained from the monitoring program. 9. A Declaration of Covenant with Exhibit A, based on KCSWDM Reference 10-D, must be prepared, signed, and recorded prior to building permit approval. Please note that a minimum one-inch margin and other recording criteria apply to this Declaration of Covenant. This covenant is used for all detention and water quality facilities. -08/30/1999 15:41 20622301 ~" SVR DESIGN CDMPAN','. The Overlake School Central Lot Paving and Fire Access L99V0316 July 12, 1999 Page4 If you have further questions regarding this experimental adjustment, please contact PAGE 05 Louise Kulzer, Water Quality Specialist, at (206) 296-1980 or Curt Crawford, Supervising Engineer, at (206) 296-8329. Both work in the Drainage Services Section of the Water and Land Resources Division, King County Department ofNatural Resources. Sincerely, Pam. Bissonnette Director PB :LK:i11Bo6 cc: Jeff O'Neill, Site Engineering and Planning Supervisor, Building Services Division Department ofDevelopment and Environmental Services Joe Miles, P.E., Supervising Engineer, Engineering Review Section, Land Use Services Division Randall L. Parsons, P.E., Senior Engineer Mark Bergarn, P.E., Engineer Curt \V. Crawford, Supervising Engineer, Drainage Services Section, Water and Land Resources Division, Department of Natural Resources Louise Kulzer, Senior Engineer ~..;.~_.....,."'!,,..,_ ------""""'===-=-,.....,,.----------------- • II • II • • • • • • • • • • • • • • • • • • FEASIBILITY STUDY FOR REPLACEMENT OF THE WATER QUALITY SWALE AT N.E.17™ PLACE & DUVALL AVE . RENTON, WASHINGTON November 19, 1999 FEASIBILITY STUDY FOR.• REPLACEMENT OF THE WATER QUALITY SWALE AT N.E.17™ PLACE & DUVALL AVE . . RENTON, WASHINGTON . . . . '. . . .. . . . .. Prepa~ed .· ·· . For: •. · . · ........ George Bale~. • / J .·.· . · 152.21SE128'" St. . .. Renton, WA 98059 November 19., 1999 Prepared By: ESM Consulting Engineers, L.L.C . . 720 S. 348'• Street · Federal Way, WA 98003 (253) 838-6113 Job No. 241-02-990-001 • • • • • • • II II • • • II • II II II II TABLE OF CONTENTS INTRODUCTION Executive Summary ................................................................................... . Engineer's Recommendations ................................................................... . Site Constraints .......................................................................................... . Design Criteria Assumptions ..................................................................... . Cost Assumptions ...................................................................................... . Swale Evaluation ....................................................................................... . Water Quality Pond and Wet Vault ........................................................... . Storm water Management Stormfilter System ............................................ . The Vortec Pretreatment Alternative ......................................................... . TABLES Estimated Alternative Costs ....................................................................... . EXHIBITS Wet Pond .................................................................................................... . WQ Vault ................................................................................................... . Stormwater Management System .............................................................. . Stormfilter and Vortech ............................................................................. . PAGE 2 3 4 4 4 4 5 5 6 3 A B C D Storm filter Detail........................................................................................ E CALCULATIONS KING COUNTY VARIAN CE \\esm2\vol 1 \engr\esm•jobs\241 \02\990\document\swale replace.doc Page I of6 Swale Replace.doc I I I I I I I I I I I I I I I I I I I Preliminary Cost Evaluation Study of replacement of the Water Quality Swale at NE 17th Place and Duvall Avenue in Renton Introduction The Highland Book Addition is served by a water quality swale that was designed in accordance with the 1990 King County Stormwater Design Manual to treat the Stormwater from NE 17"' Place. The owner of the property is seeking to replace the swale with an alternative system, if possible. The City of Renton Stormwater Manager has suggested this cost evaluation be done prior to any request to replace the swale. The initial concept is the implementation of a Stormwater Management Stormfilter system because it offers the possibility of minimizing land surface use. ESM proposed to compare the wet pond and wet vault alternatives to the Stormwater Management Stormfilter system. Executive Summary The Stormwater Management Stormfilter system is compared by the design criteria detailed below to a wetpond, wet vault, and the existing swale. The Stormwater Management Stormfilter system is the least cost choice when land value, construction and maintenance is factored into the 20 year lifecycle cost of the alternatives. The total yearly costs are similar for all the alternatives, with the water quality swale being about I 7% more expensive than the preferred Stormwater Management Stormfilter system. The alternatives are similar enough in cost to suggest that the assumptions need to be carefully scrutinized before any decision is made to replace the swale on economic grounds, however, the larger issues with the swale is aesthetics and perhaps site planning. The most expensive choice is the wetpond, with costs 76% higher than the Stormwater Management Stormfilter system because of the high cost of land in the area. In areas with low land values, the swale and wetpond are often the least cost options. If aesthetic issues suggest replacing the swale the simple alternative is the wetvault. At 4% more expensive than the Stormwater Management Stormfilter system, it also can be hidden and does not require the variance procedure. The minimum (single variance) cost for the twenty year lifecycle for this project is the Stormwater Management Stormfilter system, despite site constraints which add about $21,000 to the construction cost' and a significant additional cost for the variance permit. The results of this study certainly should be sufficient justification for the City of Renton to consider a Variance request for 1 If 2.3 ' of vertical drop could be identified downstream of detention, the pre-treatment wet vault could be eliminated from the plan. Page 2 of6 Swale Replace.doc •• • I I I I the Stormfilter system. An additional alternative (double variance) to evaluate for this site is the use of a Vortech system as pretreatment for the Stormwater Management Stormfilter system, since it is a less costly item to install and maintain than the normally required pretreatment wet vault. This combination is the least cost alternative for the site, and according to product research information, the overall solids removal appears to be better by far than the wetpond or wet vault options. ESTIMATED ALTERNATIVE COSTS Alternative Land Value.: Construction Maintenance Total Yearly Swale $ 64,462.50 OJ $ 4330.00 $10,895.65 Wet Pond $ 99,450.00 $ 39,463.00 $ 2,260.00 $16,408.66 Wet Vault $ 0.00 $101,192.59 $ 815.00 $11,121.69 Storm filter $ 0.00 $ 81,250.00 $ 2,265.00 $10,540.49 Stormfilter/ $ o.oo $ 74,950.00 $ 2,050.00 $ 9,683.82 Vortech Stonnfilter $ 0.00 $ 62,950.00 $ 1,250.00 $ 6,411.60 down steam (ldea!J4 Engineers Recommendations' The decision to replace the swale must be one that is based on more than economic considerations, since the swale appears to be cost competitive with the wetvault and Stormfilter systems, even with a maintenance budget sufficient to address most aesthetic issues. If site plan constraints are such that the swale needs to be moved or replaced, then the low risk choice is to replace the swa!e with a wetvault, since it can be done without wasting time and money on pursuing a variance that could be rejected or be granted subject to unacceptable conditions. The least cost choice by a small margin is to pursue a variance for the Stormfilter system, or better yet, a Stormfilter system with a Vortech unit for pretreatment. The best reason to pursue a variance for this system, however, is water quality. The Stormfilter or the Stormfilter Vortech system is the best way to minimize cost while maximizing the quality of water leaving the site. The decision to pursue this choice must be done with the clear understanding that the variance request could be rejected and if so the money spent pursuing third choice is lost. 2 Assume value $15/sq.ft. provided by landowner 3 No construction cost swale is in place 4 Cannot be used on this site due to vertical constraints downstream of detention 5 All estimates are intended as order of magnitude comparisons: that is each alternative has been designed and budgeted for design and construction costs to the same level, government conditions in the review process will affect final costs. Page 3 of 6 Swale Replace.doc •• • • I I I I I I I I I I I Site Constraints The site is Lot 12 of the Highland Book Addition at the comer of NE 17th Place and 138th Avenue SE. The lot includes the swale and a retention/detention system constructed of 5' diameter pipe'. The swale and conveyance system has about 4' of vertical drop between the upstream side of the swale and the retention/detention control structure. The retention detention facility is an off line system of 5' diameter pipes, and the assumption is made that no changes will be required for that facility if it is allowed to continue to function as designed. Downstream of the retention/detention structure 45' of 15" pipe at .5% connect to the city system. The land value of $15 per square foot is also a decisive factor since the land value is more than the construction cost for many options. A key assumption for the wetpond and swale is that the land they take up would otherwise be worth $15 per square foot, while the land taken up by the underground facilities is not an encumbrance, since the parking landscaping and driveways may share those areas. Design Criteria Assumptions New water quality facility to replace the existing swale can be designed by the 1990 manual. If a Stormfilter system is allowed a variance will be required. An assumption was made that the variance would be similar to the Overlake School variance, that is, a small wetpond or wetvault would be required for pretreatment (tss removal requirement of 50%). It is assumed that any required pretreatment facility can be designed by the 1998 King County Stormwater Manual. Cost Assumptions The bar for comparison is yearly cost for a twenty-year lifecycle at 8% interest rates. Additional permit costs are estimated for the Stormfilter and Vortech alternatives. Swale Evaluation The swale is in place so there are no construction costs, however, there are costs for the land that is committed to the use, and there are aesthetic consequences to not maintaining the land in an area where land values are high. Maintenance costs are estimated for the items listed in the King County Manual at a frequency consistent with the aesthetic standards of a high land value area. The land value is the larger component of the total yearly cost and if the land values were low or not in the evaluation, then keeping the swale would be the least cost, even with a high maintenance commitment to meet aesthetic needs. 6 see appendix A Page4of6 Swale Replace.doc • • I I I I I I Water Quality Pond & Water Quality Vault Water quality design is based on the basin analysis done for the original project, and the wetpond sizing procedures of section 1.3.5 of the 1990 King County Manual. The limiting factors are the pond slopes, the requirements for 3 cells, and the requirement for a maintenance road. When those requirements are met the design becomes a series of shallow ponds taking up a larger land surface than the swale. Final design for a pond would crowd the existing 5' diameter retention/detention pipes at the back of the lot perhaps placing the maintenance road on top of the pipes. Regardless of configuration, land value and construction cost for the pond will be more than for the swale, eliminating the pond from consideration. The Water quality vault is sized by the same criteria as the pond, but offers the possibility of being place under a parking lot or driveway, eliminating the need to count land cost. The cost evaluation for the vault is based on estimates of the required cubic yards of reinforced concrete for the vault option, with approximate construction costs provided by a local contractor. Stormwater Management Stormfilter System The system is not currently an allowed option for the replacement of the swale under the 1990 manual, therefore, this evaluation must assume conditions for a variance in order to provide a preliminary evaluation of cost. The attached King County variance for use of a Stormfilter system is provided as an appendix and it is the basis of the following assumptions: I) a pretreatment wet vault or wet pond is required if it is upstream of the retention/detention facility, 2) pretreatment is not required downstream of a "in line" retention/detention facility, 3) the pretreatment can be sized by the 1998 King County Manual for 50% sediment removal efficiency, 4) sizing of the Stormwater Management Stormfilter System can be done based on the water quality design storm criteria and product specific criteria of Stormwater Management 5), upstream of detention the water quality design storm is the 2-year 24 hour storm (SB UH) for the proposed conditions, 6) downstream of detention the existing condition 2-year 24 hour storm (SBUH) is used. Maintenance for the Stormfilter system is based on a vendor estimate while the wetvault maintenance is estimated based on the items in the 1998 manual. The Stormfilter dovmstream of detention would be the best choice since the design flow is less, and no pretreatment is required, unfortunately the required vertical drop is not available. The "Ideal" estimate above cannot be done, however the retention/detention system can be modified to provide the vertical drop and is the theoretical least cost stormfilter choice. ESM advises that if the Stormfilter system is selected that it be installed upstream of detention. The detention system is clearly designed to be used with treated water and use of that system with untreated water could make it a maintenance problem. Page 5 of6 Swale Replace.doc •• • • • • • • I I I I I I I I I • The Vortech Pretreatment Alternative Since the Stormfilter system is the least cost choice and already requires a variance to install the system, it makes sense to check to see if a second variance could make that design better. The smallest the required 50% removal efficiency wet vault can be is about 12 by 20 by 6' deep a $21,000 item. A Vortech system designed for 80% removal costs about $12,0001 • The smaller Vortech system also has a lower maintenance cost than the wetvault. Assuming a variance can be acquired for this Vortech-Stormfilter system, it is the least cost option . ESM recommends this option regardless of economics because it achieves superb treatment without long system residence times. Small storms can pass quickly through treatment without water temperature increases or the anaerobic conditions that can occur in stagnant wetponds or wetvaults. Stormwater systems that can get high quality water to the streams must be looked at more closely, since the Endangered Species Act has forced increased scrutiny of the water quality treatment of stormwater. 7 vendor estimate for a model 2000 delivered in Renton Page 6 of 6 Swale Replace.doc I I I I I . ·n ' ' "' \ t ' <::, "I '\,. ~ '1\ 'l ""I "°-.,. . ... ~ EXHIBIT A S,. 144'./-JI' Po,,.,t, i' -1\ ~.t: ·~' -···· ,, ,C., -~ • ---,- C I· I· I I , V - ·, ,.,....r·: ' :,, ...---::; 'y--: :; ' . . \ . j \ .i t() \ \ ---·· EXHIBIT B -. ; '... / - -----~. -------.----------"'- .~· ,, , ~: ·;, . , . '.( -,. . . . · . '.~ .---~*·.---~.'-:· ) ~~1 . : \ ~' . 1, f"· .· ~ ·...JI : . -· ' . C I I \ \ - ,; • / EXHIBIT C :.. ,' -- \ j ., ] -----·-·--,'1'-_l. '":' .,., _ .. ~-' ' ... ~--\---- ii i ;.i-.;;;:_:::,:;~-=:~·:·'!"! .• ·- ~ i ... . \ I ,\ I ' l ! ---...r--;-r._~,:-'. .. • ' ,... -"'~ j ' l .._ "' • ... I N • ~ ' "'~ 1 ' "' ' . j 1 l l I j ! .--~ I ,, '() :q, i ' ' \ ~ ' l t I , l ~ , : I ~ ~ ,. ' l -!:''\ I 1 '--~ .. 1,. .. --,,-.__... Jo, ..... - ,. '-; -<' •J , ' :-· :...,, ' ·-'""!· c1: :,I. :-.._..:· '\ 1 -- ·1 ' i i .. . .. ~ ' -.... --.·-~1 ·---'""":'~·· - . -. C , . • • i' I I .,, I ·4 ' -l~ \ ' ~ \ _...,,r \ '.; ' ' l ,j. I i I I • l \' \ l ', I I ' ' i l J ' ' I ; : I ' I 'T· ' .. ,, ,, - EXHIBIT D .1 \ • 1 1 \ <Ii i.; 't -1::. ' • ~ Is. . 41 ... ' ~: Qi I') '' 'I • I ! Q t~( " " ~ \ ;,, " 'I\ t! ;i ~ ~) " ... \ \:. 'll ' ~ '- ' < ' '-- _,. ! ' ! I I I I I I I I I I I I I I ' GENERAL NOTES: 1.) SltlfVL1D .., lr'CIUIWEIII ~. ,anu,tl), CMDON (5DJ-240-33lt,3).. • 2.) ~ STCfllll'L.1DS lltQIME IEiUM WililllDWC[. IIOIJI lO Clfl£MnOH ,.., ~ IWI..W. Pat 1) P'RECit5T CCJNCIE'[ VAU.J' CONSTJIJCTED N L M:E wml ASN CUL 4.) IXTIJ8W. JIPIG ,,,., CCUII.JCI "'°""° l't OTHERS. I.) flDB.E COUPUNGIS TO • m ,r OUJSID[ DC£ OF .u... FDHCO °" -lJll:N!Jt ~ t.) m 111tECAST S10fV'L.JD: nw. IHl%I' F'Olt VAULJ DIWDC90NS, 1D.LW.J1CNS Nm NLWJI or CNmm11a. 7.) Nffl-fL.QliTA1' IMUAsT 10 IE SET M.CNO DffM l.DG1H OI 8DlM 111D Df fl.JD Al 1HCMN. SE£ ~ fl.JD DUA 11.DCK RJIII: IWJ.AST 'llfflt JIG HDCHI' DNENSOre EXHIBIT E A • • • . . • Ol1TI.ET PIPE / (BY (11H[RS) • ·, • ··" ... .•. :. . . _,_4· .· .... "' .. ·4 '· • • 4 ·, 8'x16' PRECAST STORMFILTER"'-PLAN VIEW SCALE: H.T S. .'d "' . • ,·-e· INLET BAY ,r • J--3'"3' DIAMOND PLAlE DOORS (TYP) 1lW1'1C BEARJNG UD (TYP) •• .... ·"·. 3'-• ,;r ,·-··-i • • • f---3''-• 1/2' 8'x16' PRECAST STORMFILTER"'-SECTION VIEW SCALE: N. T .S. ll'Xtl' ~CA.ST STORWII.TCR l"IAH AMO SCCTIOH W£W STAMOJ.IID OUAIL Pffl>J(CT NO. ·- a..mmtl'~~ 11.L •.dllfl' ........... ._ &,IU,AN,. ..,. ona IJ.S. 4JIDPOalG:lf1dl:Mn:Pl:ICIIIMI INLET PIPE (BY (11H[RS) A ·• • • 4 - ll"a ffMlfWAJ'ER'" -~ MA,,AIWll6#T 20.15 JU. ta.~ 111.1,(1. ~~ "' (!klJJ .-.uu tJ,Jt J4Q-t:UJ •, •, • ·. • ', ! ===.:k._ ___ ::.,,.._.-~ ------.--_______ .;,.,- f (II m , I ~·~ PACIFIC NORTHWEST TITLE Company of Washington, Inc. l~obcrt J. Verzani, Attorney 30640 l)acific Highw~y South ~·ederal Way, W~shington 98003 Alt.ention: Robert Order No.: 416942 Your Ref.: BALES P~ease find enclosed a copy of a I,imited Liability Certificate for Tille Insurance on the above referenced transaclion 1 as requested. Thank you for the opportunity lo serve you. Pacific Northwest Title Company of Washington, Inc. Lakes great pride in the service and customer satisfaction we are able to prov~de our ct1stomcrs. If we car1 answer any questions or provide further assistance, please feel free to call. Mike Sharkey Senior TitJe Officer Unit No. 12 6:ln..uea.. tt lfl" q 1../, 2-.,e;--? ttd jlL,;,J #- rn trud ~ 1:. < 215 Columbia Street .. Seattle, WA 98104-1511 " (206) 622-1040 " Fax, (206) 343-1358 http://pnwt.com PACIFIC NORTHWES7 TITLE. COMPANY OF WASHJNG?ON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, M.i.ke Sharkey (ndkesharkey@pnwt.com) Assistant T.i tle Officer, Curtis Goodman ( C(1rt i .sgoodman@pnwt.com) Assist.ant. Title:_: Officer, Russe11 T. Lund (r11sscJ]lund@pnwt.com) Unit No. 12 l~X No. (206)343-1330 Telephone Number (206)313-1327 Robert J. Verzani, Attorn0.y 30640 Pacific Highway South Federal Way, Wash.i.ngLon 98003 Attention: Robert Your Ref.: BALES Title Order No. 416942 LIMITED LIABILITY CERTIFICATE SCHEDULE A Effective Date: October 19, 2000 at 8:00 a.m. Liability: $~,000.00 Charge: $ 330.00 Tax: $ 28.38 1. The estate or interest in the land described herein and which is covered by thj_s certificate is fee simple. 2. The estate or interest referred to herein, according to the public records, is at Date of Certificate vested in: GEORGE H. BALES, as his separate estate, as to an undivided eighty percent (80%) interest, and G. JAY BALES and KIM BALES, husband and wife, as to an undivided twenty percent (20%) interest 3. The land referred to in this certificate is situated in the County of King, State of Washington, and described as follows: Lot 12, Highland Book Addition, according to the plat thereof recorded in Volume 177 of Plats, pages 1 through 3, inclusive, in King County, Washington. Order No. 416g42 LIMITED LIABILITY CERTIFICATE SCHEDULE B Page 1 A. GF.NERAL EXCEPTIONS: B. 1. Rights or claims of parties in possession not shown by tho public records. 2. Puhl -ic or private easements, or claims of easem0.nt.s, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or righls asserted by anyone including but nol limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms ot navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a I patents rights, Unpatented mining claims; or in Acts authorizing the claims or title to water. (b) reservations or issuance thereof; except.ions {c) water 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. in 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, rights, including, but not limited to, servitudes. Indian treaty or aboriginal easements or equitable SPECIAL EXCEPTIONS: As on Schedule B, attached. SPECIAL EXCEPTIONS: Order No. 416942 LIMITED LIABILITY CERTIFICATE SCHEDULE B Page 2 1. This report is restricted to the use of the dddressee, and is not to be used as a basis for closing any transactjon affecting ti.tle lo said property. The liability of the ~ompany is J_imit~d to $5,000.00. 2. EASEMENT AS lJl:LlNEATE:U AND/OR DE:DlCATED ON THE FACE OF THE PLAT: PURPOSE: AREA AFFECTED: Private storm drain Northerly and southerly portions of said prem.ises 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BOT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFl.:CTJ:;D: RECORDED: RECORDING NUMRER: Tall Firs Association, a Washington general partnership Emergency vehicle ingress and egress Southerly portion of said premises November 9, 1994 9411090377 5. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: Puget Sound Power & Light Company, a Washington corporation An underground electric distribution system A strip of land 10 feet in width, lying parallel with and adjoining all public and private street and road rights of way DATED: RECORDED: RECORDING NUMBER: November 8, 1994 February 23, 1995 9502230568 6. EASEMENT PROVISIONS CONTAINED IN SAID PLAT AS FOLLOWS: An easement is hereby reserved for and granted to Puget Sound Power and Light Company, Washington Natural Gas Co., U.S. West Communications, a cable television co. and the City of Renton and their respective successors and assigns, under and upon the exterior 10 feet, parallel with and adjoining the street frontage of all lots ( continued) Order No. 416942 LIMlT~U LIABILITY CERTIFICAT~ SCHEDULE: B Page 3 in which to ir1stall, lay, construct, renew, operate and maintain underground conduits, mains, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivisjon and other property wilt, the right to enter upon the lots al all times for the purposes herein stated. Also, these easements entered upon for those purposes shall he restored as near as possible to their original condition. No lines or wires for the transmission of elecLric current or for telephone use, CATV, fire or police signals, or for other purposes shall be placed or permitted to be placed upon any lot outside t}1e buildings thereon unless the same shall be underground or in conduit attached to the buj_lding. 7. EASEMENT PROVISIONS CONTAINED IN SAID PLAT AS FOLLOWS: Structures, fill or obstructions (including but nol limited to decks, patios, outbuildings, or overhangs) shalJ not be permitted beyond the building setback line or within drainage cas0.ments. Additionally, grading and construction of fencing shall not be allowed withir1 the drainage easements shown on this plat map 11nlcss otherwise approved by the City of Renton. 8. EASEMENT PROVISIONS CONTAINED IN SAlD PLAT AS FOLLOWS: Access Easement: Witnesseth that said Grantor(s), for valuable consideration, receipt of whjch is hereby acknowledged, hereby grants and conveys an access easement over, across and upon the private drainage easements shown on the face of this plat, per an engineering plan approved by the City of Renton, a municipality corporation of King County, for the project known as "Highland Book Addition" for the City of Renton as grantee, to enter upon said easernent(s) for the purpose of observing and inspecting the facilities to assure that the owner(s), their successors and assigns, are properly operating and maintaining the drainage facilities pursuant to the above referenced plan and contained within said easement area(s). The covenants herein contained shall run with the land and are binding upon the grantor(s), its heirs, and all subsequent owner(s) thereof, forever. (continued) Order No. 416942 LIMITED LIABILITY ClcRTlFICAT~ SCHEDULJ:; B Page 4 9. FASFMF.NT PROVISIONS CONTAINF:D IN SAID PLI',T AS r'OLLOWS: Privdle Drainage Easement: The drainage facilities located within the private easements shown on the plat shall be owned, operated, and maintained by the Homeowner's Association created for this pL1t. The llomcowncr's Association shall be established in accordance with Washingtor1 State Law. The City of Renton shall have the right to enter said casements to repair any deficjencies of the drainage facility in the event the owncr(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be al the owner's cost. 10. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS: 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 it is located. 11. NOTES CONTAINED IN SAID PLAT AS FOLLOWS: Mainter1ance of Private Drainage Easement: The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a Government Agency that assumes the maintenance responsibility. 12. NOTES CONTAINED IN SA1D PLAT AS FOLLOWS: Aquifer Protection Notice: The lots created herein fall within Zone 2 of Renton's Aquifer Protection Area and are subject to the requirements of the City of Renton Ordinance #4367. This City 1 s sole source of drinking water is supplied from a shallow aquifer under the city surface. There is no natural barrier between the water table and ground surface. Extreme care should be exercised when handling of any liquid substance other than water to protect from contact with the ground surface. It is the owners responsibility to protect the city's drinking water. Minimum Finished Floor Elevation= 421.0 13. Building set back lines as delineated on the face of the plat. ( continued) Order No. 416942 LIMITED LIABILITY CERTIFTCATF: SCHEDULE B Page o 14. RESTRICTIONS CONTAINF:D ON THE FACE OF THE PLAT OF JOSEPH P. MARSIIALL TRACTS, AS FOLLOWS: All lots in this plat are restricted to k-1 (kes~dence) use and no lot or portion of a lot shall be divided and so1d or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6000 square feet and less than 60 feet in width on the building line, subject further to the provisions of the King County Resolution No. 6494 and subsequent amendments thereto. IS. RESTRICTIONS, EASEMENTS AND LTABILITY TO ASSESSMENTS CONTAINED IN DECLARATION OF PROTF:CTIVF. RF:STRICTIONS, EASEMl::NTS AND ASSESSMENTS, AS HF:RF:TO ATTACHED: DECLARATION DATED: RECORDED: RECORDING NUMBER: April 9, 1996 December 3, 1996 9612030983 Said instrument is a re-recording of instrument recorded und~r Recording Number 9605280850. 16. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4045: DATED: RF.CORDED: RECORDING NUMBER: REGARDING: February 23, J 987 May 8, 1987 870SOB1043 Additional fees for hook-up to sanitary sewer faciliti.es Said additional fees for the property herein described are estimated by said Ordinance at $12,897.06, in addition to normal connection charges. 17. Reservation of all rights to coal and iron, and rights to the use of surface ground for mining operations, and right of access to the same contained in deed from Northern Pacific Railway Company. RECORDING NUMBER: 113654 NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. (continued) Order No. 416942 LIMITED LIABILITY CERTIFICATE SCHEDCLE B Page 6 18. DEDICATION CONTAINED TN SAID PLAT AS FOLLOWS: Know all people by these presents that we, the undersigned owners of interest in the land hereby subdivided, hereby declare this plat to be the graphic representation of the subdivision made hereby, and do hereby dedicate to the use of the public forever all streets and avenues not shown as private hereon and dedicate the use thereof for all public purposes not inconsistent with the use thereof for public highway purposes, and also the right to make all necessary slopes for cuts and fills upon the lots shown thereon in the original reasonable grading of said streets and avenues, and further dedicate to the use of the public all the easem~nts and tracts shown on lhis plat for all public purposes as indir.atcd thereon, including but not limited to parks, open space, utilities and drainage unless such easements or tracts are specifically identified on this plat as being dedicated or conveyed to a person or entity other than the public, in which case we do hereby dedjcate s11ch streets, easements, or tracts to the person or entity identified and for the purpose stated. Know all people by these presents that we, the undersigned owners in Fee Simple of the land, hereby certify that we have established a Homeowner's Association i.n accordance with Washir1gton State I,aw which identifies each lot of this plal as a member of said Homeowner's Association. In witness whereof we have set our hands and seals. 19. GENERAL AND SPECIAL TAXES AND CHARGES: fIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: 2000 329540-0120-05 2100 CURRENT ASSESSED VALUE: Land: $250,000.00 Improvements: $0.00 (continued) GENERAL TAXES: SPECIAL DISTRICT: Order No. 416942 LJMITED LIABILIT! CERTlf'lCATE SCHEDULE B Page 7 /\MOUNT BILLED $3,234.26 AMOUNT BILLED $0. 8S $5.00 AMOUNT P/\llJ $1,617.13 AMOUNT PAID $0. 4) $2.51 END OF SCHEDULE B /\MOUNT DUE $1,617.13 AMOUNT DUE $0.43 $2.49 Title to this property was examined by: Dave Fulton Any inquires should be directed to one of the title officers set forth in Schedule A. OF/can I; i LDT 2 M 117_..°d' w $40.N' {"UJ] i"i'"r----;;7,:----,--;;;-;:;-l...T--;:":N;.;:•::.".:•;•·r'2!r_:w::'::="54:::_1.~34::·....!(!;ESM=.!).,,-,,c----,-r-r---.L------;:_,;;;...J \ :,00.J" 100.11' c.oG' ,t..lT 111.CJO' 147.lk' I ,' : 1 .. ·········· . • :~····· . ····=f: ~j' ·r . . - LDT 3 ,,. ~ , -.. H~•••• , --F;!.,._. , ....._ r~.-•20-4 I~ 5 J~ !J1 !~~ 6 / ';? '708>1L 1-f'\..' •ll•NL 111t11P\..: · :s -.rr .. •20-7 "'• • rr .. •t•.O ~--· :· {8.l~~s.F-l : (U&GS..f.) ..,: :•~,;~~~l'L: ~'6.'77 ... (.,at,,l'Ll'"~J s~ -"="t ,e!O>PVCt:L.~,,. . ...- " 4 ~ '· ... ! 1,,: ';,. S\ :, (U10 V-1 .2' {l:Z..7~ U.) ti,~--/ ~ i~ ~[ ~ ~: j; ~\ \; 7.s-_1 J .. ~1: .. ·· --~:J. .:: .:\ ·:~ . ~--~~-I .· _.-:._;,.· z: zj ~.;,'t: 1.1' &1.:11· ,..,,. N.E. 18th PLACE 11 er•~r~· .,, ~.o.0r ___ _ 420.00' --!M.1• ·-----------············ "1,.t<:,":>· 73.&r " " tl.45' M BT5S26" W 561.62" (ESM) ~115' (Pl.,l,Y} .:=): 27 45' 5 ,. as.e.1... ,,,,..,.., P'..A T OF "JOSE.PH P. MARSHALL TRACTS" VOL 38, PG. 30 HIGHLAND BOOK ADDITION • 6 .... ~ 4C 44 A PORTION Of' THE NE l/4 Of' THE SW 1/4 Of' SECTION J lWP 23 CITY Of' RENTON, KING COUNTY, WASHINGTON "!., RGE. 5 E., •• , ... l}f '"""'Olt -...._....u .. u., "'° ,.,. ~(JIJl,I0,:•5(0':~ ...._....,...: .. , ..... t' (ltll'A"<;'S (.wACI" 1'14JJ 177 /t-3~ Order [~[PORTA.'iT: 1hi.s is not a Plat of Survey. [t is furnished as a convenience to lccate the land indicated hereon with reference to streets and othe:-land. No liability is assumed bv reason of reliance hereon. MEMORANDUM /•. DATE: TO: FROM: Construction Services, Fire Prevention, Plan Review, Project Planner Jana Hanson, Development Services Division Director SUBJECT: New Preliminary Application: B 0,..v._ <:, L6YY\ \:'.Y\I , (., 1 4..,\ L OCA Tl ON: ...... D-"-''-'-=..=.V..:;4"-'-'\ 1_ .... A ...... -v..:...,..1 -'--'Jf\_,'L~.i-__,_r,....:.......Z-.i...[ e,"--,-..,,-,-----l...9_,\'--'c,_'-'-c.,_=------- PREAPP NO. 0 -z.5 A meeting with the applicant has been scheduled for Mc,.,,,. h l3 , Thursday, · 00 , in one of the 6th floor conference rooms (new City Hall). If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11 :00 AM to allow time to prepare for the 11 :00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Please submit your written comments to {/i 1a /µ_f/1 -1-hg;;,, r at least two (2) days before the meeting. Thank you. , ;?tvf--2~~;+/!,--~£~Pc~ ~~ /$~..._;f-~/J. ', .·1 't \' "'j Jr' .. ' . : ~'::r:• --• •. ,I Preapp2 DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM March 8, 2000 Elizabeth Higgins, Planner :o1!!: Jim Gray, Assistant Fire Marsh Bates Commercial Center, NE 18 Street & Duvall Av. NE Fire Department Comments: 1. The preliminary Fire flow is 4000 GPM which requires one fire hydrant within 150 feet of the building and three additional hydrants within 300 feet of the building. 2. Provide a list of any flammable, combustible liquids or hazardous chemicals that are to be used or stored on site. 3. A fire mitigation fee of $12,561.12 is required based on $.52 a square foot of the total building square footage. · · 4. Separate plans and permits are required for the sprinkler, standpipe and fire alarm 1cystems. Please feel free to contact me if you have any questions. City of Renton InterOffice Memo To: From: Date: Subject: Elizabeth Higgins Kayren K. Kittrick )t March 20, 2000 Bales Commercial Center PreApplication Review NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision- makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. WATER 1. There is an existing 12-inch diameter water line in Duvall Avenue NE, and an 8-inch looped line on NE 18"' Place. The derated fire flow in the vicinity is modeled between 2500 and 3700 gpm with an approximate static pressure of 60 psi. 2. There are three fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification for being within 300 feet of the nearest comer of the building. 3. The proposed project is located in the 565-water pressure zone and in Aquifer Protection Zone 2. 4. The Water System Development Charge (SDC) will be triggered at a rate of $$0.113 per square foot of the gross building site unless previouslv_paid with the construction of the water line. SANITARY SEWER 1. There is an existing 8-inch diameter sanitary sewer in NE 18"' Place connecting to the same in Duvall Avenue NE. 2. The Sanitary Sewer SDC is triggered and will be assessed based on the gross building site square footage at a rate of $0.078 unless previously paid with the plat. SURFACE WATER I. A limited level one drainage study is required. Water quality treatment sized for the new impervious surfaces subject to vehicular access is required. 2. The Surface Water SDC is assessed based on the total new impervious surface square footage as reflected in the final design. The charge is determined by multiplying the gross square footage by $0.129. 3. The use of a water quality vault is allowed provided it meets the King County Surface Water Design Manual conditions. • Bales Commercial Center PreApplication Review TRANSPORTATION 03/20/00 Page2 I. The traffic mitigation fee of $75 per additional generated trip shall be assessed per the use, square footage and information provided per the ITE manual, latest edition. 2. Full street improvements including, but not limited to paving, sidewalks, curb & gutter, street signs and streetlights are required if not already in place. Any substandard or damaged streetscape will be required to be repaired or brought up to city standards. 3. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. PLAN REVIEW I. All plans shall conform to the Renton Drafting Standards which are attached for reference. Also attached for general information are a fee reference sheet and the King County Storm Water standards as adopted by the City of Renton. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. A fee worksheet is attached for your use, but prior to preparing a check it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. CC: Neil Watts • CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: March 23, 2000 TO: Pre-Application File No. 00-25 FROM: Elizabeth Higgins, AICP, (425)430-7382 SUBJECT: Bales Commercial Center Preapplication Comments Applicant: Project Name: Project Address: lvary & Associates, Architects Bales Commercial Center Duvall Avenue NE & NE 18th Place, Renton General: We have completed a preliminary review of the preapplication materials for the above-referenced development proposal. The following comments on development and permitting issues are based on the preapplication submittals made to the City of Renton by the applicant and on the Codes in effect on the date of the review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (Hearing Examiner, Zoning Administrator, Board of Adjustment, Board of Public Works, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code and the City of Renton Development Regulations. The Renton Municipal Code is available at the City Clerk's office and the Renton Public Library. The Development Regulations are available for purchase for $50.00, plus tax, from the Finance Division on the first floor of Renton City Hall. Project Proposal: The project proponent, lvary & Associates, wishes to initiate a land use action to allow development of an approximately 28,400 sf parcel for commercial (retail and office) uses. The proposed building would have a 1400 sf retail space, an entry lobby, and covered parking for 22 cars on the ground floor. The second and third stories would have a total of 14,000 sf of office space. Additional parking would be available on the site. The proposed project site is located on Duvall Avenue NE, abutting the south side of NE 181h Place, in the City of Renton. CITY OF RENTON Planning/Building/Public Works MEMORANDUM March 23, 2000 Page2 Zoning: The property is in a Center Neighborhood (CN) Zone. Other zoning in the vicinity of the site is Residential Multi-Family Neighborhood Center (RM-N) to the north and east and Residential 8 (eight units to the net acre, R-8) to the northeast. Property adjacent to the west is unincorporated King County. In addition, this property is within the Neighborhood Center Residential Demonstration District 'B'. The purpose of this District is as follows: • ... to ensure high quality residential developments within the Center Neighborhood ... Zoning District(s). The intent is to require superior residential projects which complement commercial uses, provide first floor commercial activity along arterials, and provide a transition between intensive commercial areas and surrounding single family neighborhoods." (RMC 4-3-120A) In addition to commercial, uses allowed in Neighborhood Centers Residential Demonstration District 'B' include residential dwellings "up to 4 consecutively attached." *(RMC 4-3-120C) A variety of retail uses are allowed in the CN Zone (list included herewith). Medical and dental offices are allowed in the CN Zone with an Administrative Conditional Use approval and permit. Other office uses are allowed as secondary uses and are reviewed as to size and location as part of the site plan approval (see below). The total gross square footage of office uses shall not exceed fifty percent (50%) of the gross square footage of the site. Retail and commercial development in the CN Zone is not allowed to exceed thirty-five thousand (35,000) gross square feel per use without a conditional use permit and must be scaled and oriented to serve the needs of the adjacent neighbor abutting the center. The Comprehensive Plan Land Use designation is Center Neighborhood. Land Use Permits Required: All development in the CN Zone is subject to Level I Site Plan Review. The requirements for the review submittal are included with this memorandum. The project as currently proposed falls below the threshold for a Hearing Examiner review, therefore the site plan would be reviewed administratively. The fee for an Administrative Site Plan Review is $1,000.00. The purpose of the Site Plan Review is to ensure that the site plan of proposed uses is compatible with existing and potential uses and complies with plans, policies, and regulations of the City of Renton. • CITY OF RENTON Planning/Building/Public Works MEMORANDUM March 23, 2000 Page3 The Site Plan Review criteria are: • Conformance with the Comprehensive Plan, • Conformance with existing land use regulations, • Mitigation of impacts to surrounding properties and uses, • Mitigation of impacts of the proposed site plan to the site, • Conservation of areawide property values, • Safety and efficiency of vehicle and pedestrian circulation, • Provision of adequate light and air, • Mitigation of noise, odors, and other harmful or unhealthy conditions, • Availability of public services and facilities to accommodate the proposed use, and • Prevention of neighborhood deterioration and blight. The processing time for the Administrative Site Plan Approval is approximately 6 to 8 weeks. Building and Utility Construction Permits Required: A building permit and utility construction permits will be required. At the applicant's option, these permits may be submitted simultaneously with the site plan application. The processing time for a new building permit is approximately 6 to 8 weeks. Timing for the construction permit is less. Lot Dimensions and Coverage: The proposed site is above the minimum lot size in the CN Zone of 5,000 sf. There is no minimum lot width or lot depth in the CN Zone. The maximum lot coverage for buildings in the CN Zone is 65 percent, or 75 percent if parking is within the building or within a parking garage. Setbacks: The CN Zone requires a minimum setback of 10 feet from the street (modification of this requirement is available). The maximum setback from the primary street (Duvall Avenue NE) is 15 feet (modification of this requirement is available). There is no side or back setback requirement from the RM-N Zone. Landscaping: There is a requirement for landscaping along the arterial (Duvall). The width of this landscape area is either ten (10) feet from the street property line or twenty (20) feet from the back of the sidewalk (whichever is less). All parking areas, including off-site areas, are subject to landscaping standards (RMC 4-4-070). Underground irrigation systems that provide full coverage to CITY OF RENTON Planning/Building/Public Works MEMORANDUM March 23, 2000 Page4 planted areas are required in all landscaped areas. Landscape plans for the parking areas must be submitted at the time of application. Parking: All parking must be on site, no parking on public streets is permitted. Parking layout plans for all parking areas used to meet required parking must be submitted at the time of application. The amount of parking both required and provided must be shown on submitted plans. The parking requirements for these uses are: Office space: minimum 3 and maximum 4.5 spaces per 1,000 gross square feet (gsf) Retail space: minimum 4 and maximum 5 spaces per 1,000 gross square feet (gsf) Delivery trucks must be accommodated on the property and not park on the public street and/or sidewalks for loading or unloading. Americans with Disabilities Act requirements for parking must be met. Building: The maximum gross floor area of any single commercial use on a site in the CN Zone is 35,000 sf. The maximum building height is thirty-five (35) feet. Outdoor storage; garbage, refuse, or dumpsters; recycle areas: Screening by a fence, landscaping, or a combination thereof is required. Sensitive Areas: The site is indicated on the City's Sensitive Areas maps as being within Aquifer Protection Area 2. Also, a geotechnical report will be required. /r, ansportafion: A traffic s1udy willoe reqbjterft fJ~ ~0( {Z.ErJ Environmental Mitigation Fees: Typical Environmental Mitigation measures include the required Fire Mitigation Fee of $0.52/square foot of building and Transportation Mitigation Fee of $75/new trip generated by project, based on ITE Trip Generation Manual, 6111 ed. cc: Wayne T. lvary, AIA Jennifer Henning • RECE1vr:r: MAR B 2000 MEMORANDUM DATE: 3/xjoo TO: long Range Planning FROM: Jana Hanson, Development Services Division Director SUBJECT: New Preliminary Application: Tui, us L D l/\A, IM..l v '--i "'-( U"' tc'. ( LOCATION: D~, V 4\ \ Aus (\ Z, d-1J L I~~ p \ t,,_u_ ePY1 ru ,, t,uf-1 J PREAPP NO. ___ o"-D_--'--2_5 ______________ _ Please review the attached preliminary project plans for consistency with applicable Comprehensive Plan Policies. · Please submit your written comments to :f Ii aa.. bt.~ J-b55i115 no later than M,c,, c"' 7 I I 5 S S . Thank you, ) We will not be able to include comments received after this date in the presentation/summary we prepare for the applicant. !\JO 9oc1c '( ISSU<e7:. (ce) \CT(L s::::42-.,H<..."c...\C. <"L/)7vN\r\.,L.,. A~/:\ NuTl ,' I, f\o'Pt:'f\-,l-<;, Ttll) T •tll s,,l /';, U'.>ec--0 I).;, A SL:<...(.JN()~'f tlcLL::"':>S fu~ /\iL Tfllt ,-=1(l.S Coru{.JL' o~_,J.._··L0/"r',(;{\./,-. prcapp 1----,.--~ [b I ' - -- 1 ===-=-t 0 ,---.:..· __ L.----- D 0 ··-· ·~.·~ \ \ \ Printed: 01-25-2001 CITY OF RENTON 1055 s. Grady way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA01-009 I Payment Made: 01/25/200111:29 AM 1,527.54 Receipt Number: Total Payment: Payee: IVARY & ASSOCIATES current Payment Made to the Following Items: Trans Account Code Description 50l0 000.345.Sl.00.0007 Environmental Review 5020 000.345.8l.00.00l7 Site Plan Approval 5955 000.05.5l9.90.42.l Postage Payments made For this receipt Trans Method Description Amount Payment Check 9374 l,527.54 Account Balances Amount 500.00 l,000.00 27.54 R0100500 JAN 2 5 2001