Loading...
HomeMy WebLinkAboutLUA-16-000280_REPORT 01= CITY Ot ,"IEN_TCN Ki.'lG Cc!UNTr' PROJECT SITE PROPOSED ENCLAVE AT BRIDLE RIDGE nNAL PLAT ]_, L_-~: • w ~ ", -~--' ~I---' " l~ I e-----__L__I --;l:=1 J, I )::i , I I J I 5£ 142ND Sn?!:.TT -1-1-·~- 1 ~ /~ ~ l,J ~\ ~\ ===rQ=rl] ~SE ,mH PCAC€ ---, ~-'".;0's. l~J~L_J_lj_J_ SE 4TH PLACE J~ ~ ,----,----,-----~,--'-----, s ~I u w ,, I I ~-:: w u w ~ suces,Hm 1ip I SC: 8TH sn>'EFT SC 143RD STREET r--,-----,----~~ J_ ~--r--Y-r--\ ,,,----------r--......... . , 0 @00) DR ""'°"" CDNSUJ.1/1'G ENGINEERS ---··o=:-•::::;::;,- NEIGHBORHOOD )ETAIL MAP ThE ENCLAVE A~ BRIDLE RIDGE Flf,AL PLA, A PGR-IJN JI Tel[ S'/1. 1/4, SE 1/'·. SECTJN ·4, TWP 23N <GE SE .. W.M .• C:ITY OF •<ENTCN, ~l~G COLNTY, WASHl~GTC:N 14()3~ 156-~ AVi:~''Jl SE. 9B059 l'~l?C:L NOS !423',0902.l .!< 1423059:<2 ___ ~30.J[CT ~() ·~11, ;;-'. 0 U) > (.~ 0 ?: z z < . ~ ' ~1. ) )> Si~ 0 " < z ' 0 c I' cs i 0 0 " cs z ---< u, r cs 0 r )> r C r !: 0 z cs a u, u, ' I " I I ,, I 'o cJ 0 I z I 0 § I Q 0 < i " =i u, ~ s s -< ~ s .0 ' 0 'l '"-3 < i ' ~ -,, Q~P ~ ,, I < § I cs ---< " i z -< ~ 0 ~ ---< o-..t-.:.D l:)j ' 0 .,.,---j:::::1~ z " ' " ::oOO rj rn )> fTl:fz ! " zz 0 t:'-. " 6~.,.,~ "' 0 .Z°D:t~ ' < ' ' )> ,C N ~ s s r z (__,j UJ u, :,,. Cl z:f 0£~ ~ 2 :y~ to :'.:i--0 :::0 ~ ~ :-<5;.•1 ....... :E~:t~ ~fTlfT] l:'lj ~ u, (/J C ~w ·) ·-< ~ fTlfTl ::0 ---j:r,~ ....... OUJ'-... t::J z.---,-r. (j"} "' l>j 0 "' "i"1 ~j rn 2 _, 0 z n ~CJ ~ :;;;:i::i ~· is U) \'/'" ~~ 81"' cl <I s ii I i,il ' I I ' e i ' ! ijl 0~ ~ ~:i,.m ~ 1;1i ~ z lQI· p ! " • @ ill ~ ' ' " ' , ' " j ' " §/" I ~,, s,· ~"' ~~ c,O "<: ~" "' "'I ~> ~ U1i a 0 ffl 0 ~ z &J· 0 !~ t ~ ,; ~11 () ~~ ~o 2 -ri ,1 CJ '?(J -m tz i5 -, zO z ~ ~ • fl ~ ;';§ , ~ , f o I : I I 5( m I ~ ~ ~ w a ' m ~ § ~ " z " z p ci r 'u " . LUA15-_____ _ ~ND ____ _ I I THE ENCLAVE AT BRIDLE RIDGE A PORTION OF THE SW. 1/4 OF THE SE. 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUl\'TY, WAS.'-11NGTOI\' W,LLJMl'S SUNNY SI.OPES VOL 7.l, r,:; 7J ' RECORDING NO. VOL/PG SHEET 4 OF 6 LOT I KINC COUN:Y SHO!ll PLAT NO. 451066, REC. NO, BI09T005C~ 1-· N. LIN[ NW. 1/4, SW. 1/.<, SE. 1/4 Ste. 14-23-:, Fl'.YJNO Tri' r OJ'N Of' F/. 'ENCE IC, 0.1"N. .'EN::£ CORN(R 15 0./'N, or I;_ fENCi: CORNER IS orN ~ oo·w.1 . OF' ?FiOP. CORNER r F'C'JNO 1-f/2 IRON \ 35.!a' 11 ·~~t'"6"W(R) l :nsor.w • lw21,!)7' " I ' ·~.<6' PARCEL A on Of" RENTON LLA NO LUAl<-00025C, REC. NO <01400().;>000(J< _!!!!~n·w, ~-1.Q'.. ~'CLF J' FENCE IS o.~·s. OF PROP CORNER ~1~ ;;t ;; ' • SE 61H ST 0 " m7:;,~.J '4'S OFF/. 1 arnD+ ss @) 5'"8r 7ooo' 2 Ot90t s.•. <§ ·' 11 -~saip:rw I >C.66' ' B9B6± ~.f @) /! =~· . " % '. "" ! o; ~ -------_ ---_ ---N8817'<~~:.,;)585&' _ ---_ ---_ ------$---...__,;,~s j ' ·., ,a:ioes± s.r. '~"a },.-,o.oo <~'1, PmvA:F. t~~; ~,7 -G~-= ~o'.---,0:DO· --;0~ --520~-, "1'\\ 1 sECM~~¥~E:~f~[H 0 T~2 ;7-:::7~------------"\; \ \'£, RaZ0.00' IQ' PD.". SEE ,c PO [ SEE I ,ooo·-1/~1~911YJ6" ~0Tt:i1,SHT.2 NCHEIOSJ<T2 ~e.a•:Jsl l 'VI LaJ,.8<' 1-<41 ri e I~ L~N;;~',:oi ES"' 1 "-)" w I"' ,o· PRIVA;E----J I I :;: SEE NOTE 15 SHf 2 8 C:-b C:-C) ~ 8 C: • 0 LANDSCAPE ESM T I I ~ "' Urn{f~cN 31 :'1 30 )? ~ 29 2 ~ 2a 2 :':i 27 ! ;sEE Ncrr ~s6 SHT. 2 !@ ; 1: I ~539 ± SF -sa5o± s.r. i€ -easo± s.r ~ -aoso± sr. ~ -B683J SF ,; -9166± s.r. I ~1 I w I "' 1"' ~ @3) ~ (§j) @) @0 ,t ~ VI I • I = I .. ~ :;: I -10 UTIU"Y I . ;i; !l. Eol.lT (TY?) "'u 0 I ~I L_::. ______ -------------------------' ---------I I ~,, ~ ,;,, , 4 12566± S,F (§) i PIPE o.1's. G" PROP t'Cl F' -· CORNER .l.20' ~~r ------ N89'3J'O<"W 87.46' 5 B.l45± S.F @) FENCE IS 'I"" orw rF Ft R ,;; UNPLATTEO FENCE IS 1.1'w o, Ii'_ Nag'JJ'a4•w ,o,rr 6 50<1± S.F'. (§3) g R ;:o'----rE~cE CORNrn 1s ~ O,Q'w. t;0-· r;'. ~ L'NP!..ATTED NB9'.l.l'04"'N ;!: " " -~ ~ 7 o :, 8050± SF. ;;; "' § "'$ ~- N89".l3'04"W :::-: ""'00 ; 1-•Q' UTILITY ,; ESO{l. (HP) ~ < ":; NBB17"43•w NB8i7',;J"w NBB17'4J"W N8B17',i3•w N8517,iJ"W NB017'H·w ""1 ~ ~ i= ~ I 82.50' 70.0C' 70a0' 70.CO' j 15.50 02.<2' ~ ~~ :g I 1-20· 10 P.O.l :u: .. n· lT -l j I -I 1-1c· ?.DE SEE NOTE 12 ;HI. 2 Ei.i/<:;,,l 1 I NOTE ,2. s..r. 2 jl f 2Vi I 265 UNPLATTED 1120 21 22 23 24 25 I I I I \ I , : @ NORTH GRA.PHIC SCALE 20· ,o· ea· 1 INCi-! ~ 40 FT. BASIS OF BEARINGS N8!l'J740"W ALONG ,HE SOUTH LINE Of' THE SCUTHEAST 0UAR1lR Of SCCTICN '4-?3-5 PER KINC COONTr S'JRVEr CO,~IRO. rOINTS J76J ANO ~7~4. SEE SHEET 5 FOR CONTINUATION !:B F'OUNO 4" CONCRETE MONU>l(N; ~Tl< PU~CHED 1-1/2' 8RASS DISK IN MONU'-ICNT CA5i: ff! ,ET STANDARD CITY o; Rrn;m, MONUMENT W1'1 BRMS DISK STAt.lP[O ·ms J755~" IN MCIHUl!ENT CASE Q F'OUNO 1/2" RE8AA WTH REJ PLASTIC CA.• STA\l•EC "CNW 40015" cxcrFT AS NOTEO Ol~E:f'll'ISE • Sci ~/e" X 24" RrnAl1 WTI-1 PLASTIC CAP STAMPED "DAS 375~<;" '~E .•. ,,. ..... '" ift \.....-t~ V 1C,1./ VBf CHAl~ll~K fE~CE \,f.R~CI.L BCARO fENCS [[D)rROO ""-1r1 PLANN!NG Di\i';~:ON W' W~ 'ENCE 'M;F WOOD rrnC( PROPE~~r LINE P.D.E. PRfVATE STORt.l DRAIN £ASE\l!:NT an--o; RE.~TON STREOI AO:)m:ss D.R. STRONG CONSUL TING ENGINEERS ENGINEERS P/..ANNEAS SURL'EWRS ea, TTHAVENUE KlRXI..AND, WA:96033 0425.827.3063 F"25.8:27.2423 -.~.oom PROJECT NO. 13117 - RECORDING NO. VOLlPG LUA15-____ _ THE ENCLAVE AT BRIDLE RIDGE A PORTION OF THE SW. 1/4 OF -:-HE SE. 1/4 SECTION 14, TO'vVNSHIP 23 NCRTH, RANGE 5 EAS1, CITY m-RENTON, KING COl_;NTY, WASHINGTON LND ____ _ I I I wl ~ ~I ~/I. ~:;: ' I~ IL,, """" L-E~~~ :': _ ~ - N~B17'43"W 30 NIJ.8"17"43"W ~ 21 80~± SF. 29 ~8!l1?'4J"W 70.00· 22 8050± S.F. SEE SHEET 4 FOR CONTINUATION 28 _N_l;l_8"17'4J"w 7U.DO 23 8030± SF 27 '18817"<3"W 755(1' ;;J" r.o C 5EC NO,[ 12, SHI 2 24 B68J± s.r SHEET 5 OF 6 W.Vi 265' I 26.5' 7 26 -t j" N8S'3Y04 ·w I ~ I 1,~.00 " : NeS17'4Tw I 6242" : ·-,c' UKITY 10' UTIU~Y ---J -~ I """"''· (T'T') . 1)\ •sr,i'l(TYPJ I'"! . 8 8< · · 1 1 :s:1 gr 8050±s., ~ _ ~ I 5 5· ROW DE;"CATION ~I §I @) I~ (§) ~POE SE:0 NOTE / 8. $KC. 2 I~ @ t ----.:!22D __ :L _7~0=-=t :.-77;'-=- UNPL.ATTEO 25 ""IR @ ~ /"_ 953J±S.f. 1-::1 [ .:( '5 ~ <§ _J "' ~m3'll.l"W ; ~ ;; 10' PRt~A;": I I 115.00' ; PD.ESE~ Norr LANosci\Pc .r,~ _ I I w '-.......,c·~- 4 · P.u.E SC[ :::; (~. ~w. 1 sEX NorE 15 .,.., '. · 1 "1 I Non: 4. ~Hr. 2 ~J~1~~2,·l126.5 ~ 8 J g ~ / _____ L:.::;_asd :(lo RI 8 oso±s. 0 . ,... tr~ @) " 60.W ···.-':-;:-10~ PRIVATF" ENTllY s,t~~UMrnT (5M'T 1· TErnskr.:i --i f-= I .. ;~IVAl-r E~TliY SEE ~o~~rn; rs~·r. " ------- a ~-··,c,·I0.00' SE 7Tl-l PL 1i8B~7'<J"W 512.~T' ----4~ ........ __ 1-· ._ c§ ,---~5~ --"~--I~~ j ::: j 3' .S89"33'0"'"W " ,:r 1,,.00· :--:f _ so~, ·-~~-' 1 , I FENCE IS o.2·w. cc le. rj/~- I I L-! 8< _ ----,--70.oo' _ --~7000' ~--- '-..,o• P.~.c sec 2 NU-:C 7. SHT -~--- -·---=· ---"' R=<ooo· ro· p D.E SSE: l>a88"<--4"39~ NOTE ~. SHT. 2 L-Jc ga' I 25·"° sl "I 10 8050± S.F (§) 8 ' FENCE IS 0.l'E. Cf' ~. I )' ,,:":,. -J ) n0ii;::,\',,. -- ~ 0 PRIVA!I'. LANCSCAPE .~tJ T I SEE N01\i ~ S~ 2 ~18 ~ I 9251± Sf I; I (§) -j 11~,o• \/11LITY ESM'T. (l'r"F') 18 BQ50± S.f @) ,~ 17 ao~o:1 s.F. (§D 8 16 8625± 5 F @) I I I I 1r. I I,::; 81 1: :O,j !1 ~I I I 15 8398± S.F. (§) L ulND~~~/~~~~ j' ) ~I lo sec""., sw. I 'I 0 14 2 • ~ ngr. i~I ~11 Na9"J3'04.:'! 11500" ·o• P.O.C SEE NOTC 5, SHT 2 I /y/ ;~ I ~I I I ' ;ooc· I I I I ,ow ,,.-, I-" ''""' -, ,,. "°' "" ,..,., -, -, "'"""""' 11 ~"""~ "'" '>.oo· I I """'"' ~ ": ""'" ES'-' T i)"r1')---, I '- ' no,· I 'I TRACT ' ,,,.. I l eo.oa· J " 80~0± S.f (§) g // t;r/ I I Lill NS9"33"04"YI' ~ § . 1,5.00 :z mACT (; "' . " I """ ,: ,..,, • .,., "°'" ' ' I .=·, ' " ••I' " > ! r~a.,9· '" I !J. \ 12 10<7B± S.F (§ ' § KING COUNTY SHORT Pl.AT NO. 47S04l, REC. NO. 750825047S I ! ""'"' ; '"'°''·' ,, > '"" .-, . -"' . .,.. . , =·s\i. .. g_ ' ,.,,-,'"'" ' ... ' -' -"'" . i " '\ ' C, ' ,,-•• < > -.... '" '"" .. "'" . ' -·---~"' " ' . ' ' .. j ~ •m ;,,;;'"'fo'~ '.~"°"' ;, sec "·.n-~·. ,·~, a---,~;;-"--~~( \b, ,,,; ,. ,, :C:,;;~;, .. <,.-1·, ,•• '."" I -" • c ------. I ' """"'""""' "" •. ,. ' "· "' ,s· " ,. \ --~ ,,;'""~"' ----·-· • "' ' '"""' -.. c,_-, ' • ,,_,,,__ ""'''· " t 00~''""./S aa,~~,C <'If--· '"''' ---~--\... C · °''°""' ~;! ::;__ --" "-. FOUND ~·•4"' CONC"!ETE .. oNuM::NT IMTH FUNCHEO 2" BRASS DIS!<. STA~Pr.O "LS 3BB92" DOWN 0.7' IN MC'IUMENT CA,X: 01STt,,,CE. ~-.,-, Dr! ··-" """ rn,,,,:g\\'°"' ,mes, ",,. -'--, "" u ,,, , ·" '""' ,,, ~" -soso·--L .~'°""' -• ,~, \" ,:_ 0, eaoa'~I.~:; <Jl coo,o ,• C -bcr •s ""'~ ,,,,1:'::,,~-~"""' •• """'' • °'"'· 0, ' <:;{TV ()t .:.·u-1.N<".Jt: H w 1 INCH ~ 40 FT. BASIS OF BEARINGS N55".J7"4<l"YI' .oJ.ONG lliE SOUTH L:NE Qf THC SC"JTHHST QUAIIT(ll OF S,:(;TION l4-2J-5 PF;R KING CO"JNTY Sl!Rl<t:Y CONmOL POINTS J70~ AND .l764 8l 0 • ""T CASE ,,,n£0 1-1/2" ,ET STANQAR!l c,n oc RE~TON "ONUM[HT 'l,\,rl GRASS ~ISK STA.,PW "DRS .J7S55" I~ t.ONU'-'EMT C,\$E. "01NJ 1/2" R[B~R 'MH Rm HASnc C/o? STA.~PED ·caw -10~10" ~XCEPT AS NQTro OlliERll'SE s,;r 5/6" X 24• RrnAll Vdlli PLASnc CAP STAMPED "DRS 37555" C..C CH/,1,UNK FESCE \IEF \~R::cAL BCARD FENCE \'<IF 'MRE fTNCE WDF WOCTI rrncr: PROPcR!Y UNE P.O.(. PRIVAT( STORt,( CRAm EASEMENT @ Cfli' Of" ilF:NTON S""REF.:T AJDRESS [[DJRS] D.R. STRONG CONSULTING £/VGINEERS ENGINEERS ~RS SURVEYORS 620 7THAVENUE KIRKI..AND, WA98033 0425.827.3063 F425.82T.2423 -.d'zit/oog.oom PROJECT NO. 1.3117 . LUA15-___ _ LND ____ _ @ NORTH GRAPHIC 5CALE 30· 60' '2C' 11r,icH~eon LEGEND HISTING TT![E TO BE RETAINED SE£ TAlllI 501~ TREE NO. OOH OlAl,<Ell:R /IT BREAST HEIGHT (INC>-lES) () DRIP LJ.~E (Cl) (RAl)IVS IN FEET) NOTES I E:<J':>llNO TREE LCCATIONS Sl-<01\'N ~EREON ARE BASED ON A riE'-D SIJRIIEY PRffOR~ED BY THIS FIR'A IN O[CEl,<BE;R, 201J TSEE SIZES, DRIP ~NES ANlJ SPECl[S ARE 8ASEC 0~ IHFlllr.<ATION rROVIDED BY Gl'lITl'<FOR':ST INCORPORATED CQl!S'JLTING ARBORIST IN ;}<£ REPORT OAllU ruiRUAf!Y rn, 2014 ; ~ ~ I- • ~ /I THE ENCLAVE AT BRIDLE RIDGE A PORTION OF HIE SW. 1/4 OF Tl-:E SE. 1/4 S~CTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M CITY OF RENTON, KING COUNTY, WASHINGTON SE 6TH ST • ,---.6240 . ' ' 62~ti,---Y-... I • (\ ,.__)'· ._6B2 \ ,, ' "' RECORDING NO. VOL/PG SHEET 6 OF 6 TREES TO BE RETAINED TREF. NO. SPEllE:S '"" " 5ofQJ D0UGLA5-TIR '" " 5-10< D0UGlA5-'IR " ' 5'11$ Sl(;LEAf MAPLE 2 8 0 -f ;~ 5417 OOJCLA5-FI~ ~449 DO'JCLAS-F1R " '° ~-OOIJ{;LAS FIR ,0 '" ,,_.~, OOUCLAS-rl!l j n ,. ~-OOIJCLAS FlR " " 5<5< 0-0UCLAS FlR . _?.3_ ,__,,_ 5-155 DOUGLAS-FIR ' " '" ~ iJOUCLAS-FIR '" '" ~<~B DOUGLAS-FIR ':i4 "' 5<59 DWGI.AS FIR '" " DOOGL.AS-FIR " " ---------:~~~ DOOGLAS-FIR ,0 " ,,---- " " " " " " L_. __ SE 711i Pl. -~-----,---- ! " " " TRACT A -~ --·---.-~,r 1 " " " I I ' / 6Q,:i'\ ,_, I " " " i I ~ '"'"J' ' ' I ; ' , e117-, I LI ,(_F- ' . \~fl;! ~.I\ 6024 D00GlAS FIR " '" ~,7a DOOGLAS-rlR '" " ~~ BIGU:AF """L£ ' '" DOUGLAS-FIR " " 6n2 SICLEAF .,Af'LC '" " ~23~ Elj:U:AF f.!APL~ '" " ~~~b •81GlEAf .,Af'Ll '" " RED ALDE'l '" " TREE PRESERVATION COVENANT -___ ,_ ----l----/ I I ~ ; -).•~ /~+11"'( • \ lHIS TRff PREScR\/ATION COVENANT ESTABLISHES A CO\ol:NANT BY THE OWNEA(S) OF LOTS :; lliROUGH 12 ;o LEAVi: LND1ST\;R8ED All lRcES SHO\IN HEREON ro B[ RETAINED ll<IS COVi:NANi' Sf1A.LL RUN i,ITH THE LANO AND SHl\ll BE 81N01NG UPDN All F\JTURE D\\11ERS ar SA·Q LOTS. NO lRf:E TOPPING, TREE CUTTING OR TREE REMOVAL. SHALL OCCUR UNLESS R[OU-R::D OR .O.PPRCl'EO BY WE CITY. EXCEPT FOR ORDlN/>RY LANDSCAPE f.'AINTENANCE, NO CONSTRUCTION, Cl(AlllNC OR l.ANJ AlTERA•:o~ ACn''1TIES SHAI.L QCCIJR V,,THIN THE T\!ll'S JRIPUNF, ~Nl.£SS REOUlil(O OR APPROVE:() 8Y T~C an. ACTl'~TIES IN 110lATlCN OF' TH1S CO\IENNil ARE ~U8~[Cl Ta PE~AlTY, INCLU~NC \'IITHOUT W.HATION, FINES ANQ ,,11TIGATIOO R[O\JIREf.'EN1"S. THC on OF RCNTON SHAlL HA',( TH[ RIG>!T, 8UT NOT 11'1E 08LICATIOO, TO l;liFORCE '."HE ~E~IREM£tiTS, '1'.RNS AN~ CONDl:10NS or THIS COVENN'<T ~y ANY >.IElliOO AVAILABLE UNDER LAW. IT tS 7H( 0SLICATION Of THE o~rn(s) Cf SAID LOTS TO COMPLY \\111-f THE l[RMS OF lHrs mEE PR[S(RVATlON COl'EN/IJ\IT. " " I \ I " I I I " . \ \, " " " \ i,.~ '-- 5457 i ~:5 \ 5'5J\I.,,.,.,~ •~ ,~---5+..., ' {i_J'-'( 11 ~/\ w J.i 5;.5·Y 544g - fl;::,-. r::' " i C 'i ~ r.. ,_,, C ! '\J -.; -.,. [([O)~] ·,",.d '"{ ,:,LAN[\iNG i)!\llS:ON D,R, STRONG CONSUL TING ENGINEERS ENGINEERS Pt.NINERS SURWal'ORS 6207THAVENUE l(JRKU.NrJ, WA98033 0425.827.30/13 F426.827.2423 -<hha'V·= PROJECT NO. 13117 ; t • I ~ I i "~ .J 1,0:~fl'+ L'l,I, i. 1' :' /~ ~ . L _,,,~~- ''29';,,j!ffl\ltli:' C ' I :- ' ; {!; I_:~~ .: ____ "1 L " ' ' 0 0 ;::,;:i " I ~ 6 ~ C -' 00 ~ ~ 00 ~ 1..,-.1 '" N C) N I: i ~-Tc==-~--PNW HOWING5 ~~C rNCLAVr at BRlt7Lr Rlt7Cir ' LPND:i'.:AFI' PLA~ ' t • .J-----~ ---,. ' ' ' ' ' ' ,· ..-.~::::.//: --------·-·------- _,,, ... ~,...·-------n"~...,,_...,,,""" \ -' n. e i' J J y - tJ (_} -, ;is. "' ~ "' i:J ". ~- ~ ~ ~ "' S\, "' ' I ~ "'!~---- -_,,, ... ,-. _ ______.. ---· ~,--~-·-,«-~• =1 ' .' '.' "'. I ~-:;' ,:I C) ...._ ,, ·" ' ' I --- :I '1 -f I. I, ,,1 ,:/ ,,LJ f , , ' \ . (; 9:l _ .. / C) _,.. _Xe:, ri h ~~~ ,,, ~ ~ i' Ill " " ', [ii h~ t-.:i I~ --'t "~ 1 S S 3 , ' Fl ~ ~ ~ --------·-· .. -------·-··-······-·· '" ---~--_.,, .. ·-~------------·---.... - ~'""''·\. ' ' ' ~ ' ' ' --... _; , .. ' ' ____ _! ~1:,'10(' !f ' -,,,_ , 9 "i""',_g,os? s.r-. ·,, . ' ~ \ \ ' . i '-,>----f,,, · I / I ~'-+!:/I.ill~ '".=di'·,---- ' ' 1--------'··.::-.:-_-~ \ I . -.. ', ,- ' ' \ I \.\ ' 10 e, os:!·-~.r. io,,;f, ' _,_,,- ' ·-. ,~·~~-j /1 _____ :::-~---~c-/;~~%,- [/5D.1CN l ,1- ' J\ 1i?IOHOi [\1J'.'.):"WJ1~t: '.'fC ~"o:.t' j ~ .re, l _ _,( n,n. ::ec CM. ct'r ~----r::::rnlt'r-.:f_fCMl-;f.f r.·,n·.a.nN :fflll. Off-~ 1~r·,m tS:~ _. UJ 5fOPMWA1'R POND -5CHi"MATlC SfCWN -NOP1H NOf'.--0 5CA-E f(PICAL. WI y"\ _________ ___-~1~rn~c.on '.' -f . -l.MV:>:.'ft: :ser crf.U.'."fECIVL".f.f rvr11mc~,51~c1,. ;ee l,~fl.'N F~ a:ia was. ;>',,1:(fll..:'.aef r -J_: 1 ~em'"''°"'' ;'Yr,) ' ~1_-~ ·-.-_ . -,*; ~J . _,:::;-__ p- p,--- ~--- 5fOPMWArlk PONr -5CHt'MATlC SfCTlON -t'A5f k'..-'fiD'.:(}i~ 'f:f.U.::nc~1.'.!r-......__ / --------.11 . "r'.Xii',WABRPCW otF-er.~ ::fr ~fAINIW..W/il..'cf.t:----- CIVt otr i11-;L 5fORMWATf P POND -5CHfMAnc SfCTlON -50Ll11-i NOflO ';()'LE Rl:l(:omi:nended to{ A;::,µrovol -' ~ " -1~':,-~ i'"'.l t.a....:· -EB ,., ,.. ,,.., ·-" I lr{. ;._, .\JCT:'."~ _./ R-383834 . " 5Y~~:.1L~J.i SC!i-E 11 -20·--0 11 mr51z,;: 220-1 C"):7[. "0~-...~'I .:;nY O'.f REN10N nt-/'JNtNG o-1v;siON !--r:·1n·11.1if,'l 1 1·" I ~~ '' I" \_) ·---" '---" (9 :z s:,. ""' L-0 5Ht::t::f? of:? ii I I r I I I I I 11 0 ~ " • ,< J ~ • 1 ii( I ,~ I ,;: ,i/L ~o_.11 _.I CJ,, :I ;fwi "~ I 1· I I , I I I I I I I I , L I I I I j I -1 I ~- ' ---· '"! L ..J!!!!.!HAVE:SE I ' , I ---- ' 111, t r-t--=-=---: - I nu '' I 11 .!'! ~; ~ ~ '!,l I ' ! ~ ~o rr; =i z-< co Zo; I la'~ 5a' 5a' i~ !l-~;;,:r ' ' ------ ~ ' i~ i~ ' 0 THE ENCLAVE AT BRIDLE RIDGE LUA14-000241 ;--~--1 r-;--I ·r: I f--t':=cc=~:--::;~.~i'-i ~ :i[i\--,lcc-~_"~-"~'"'j--/-..'.',,c_s;_c,:~--;i_jj{;:JI ~Ir I J '-' I <o I • I _____ J j : [ j i---~-1 -~--J i ~ ; l,.:c__=-----i [ ____ ~ I:_: ;·----:, r-------, ' ' : ~ : ~----~ ' ' ' ' ' , ' ' ' \i : ' ,-----, ' ' ' . L __ :_ I i ' ----- ' ' ' ' I ~ : ----J r----: \ ~ : l._ ___ • . -' ' , _____ 1 /_----, r----Ir----; r------,, ~ I I I I ' I I (;;; :: :: :,! ;,; :· <o :: I II 11 11 11 _ _J L ____ _J L ____ _J L------' L ;; " 0 0 0 .l-o: ::, ~ w C, 0 QC w ~ 0 QC m ~ <( ,a' :'i (.) z w w le 1£-1 5£ 1/4 SECnON 14, TOWNSHIP 23 N, RANGE 5 £, l\!M. THE ENCLAVE AT BRIDLE RIDGE _J____ _ __j__ ~~~ I I·. ,\ ''" ",,., . :,~·,--,. ~ i"''' •,. u .. c;;·-=~:,,;~,.. --~-_--,!-,-· ~ _ ----,,Jw_ ~, ~·,,, ,,'""' . • ' . ',ff.!~,, ·':'//,";{'' .\=ci:::"' ~l ---SE6T/j_§'f'.,___ ·c7,,;""' '"~''if'';;)y I . -.~ ---_ ~-C--= ~ .,,~:~:~'.-;:~t;; ,. .. ·~;ur1''h:' I r -' cc,,.-·"1~.~ : ~I-·' ·I' . ----. ---~ ··::::,,; ,--.:: ,.: ,.::~: . ' '!:.tJ f ---_j I . L . . !_·_I_-~-- 1 . · . 11 ~ I · ~ = __ ·,1 ·,1. -1 F-' -~--~--. _____ S,E.ZI!f.P!,_~-=--~ ~ -_.7 \ I , ) I \1/.«r··~~~--.. -~·· -. . .·_··. -:_---=-__·--. i_ r"H. -I ·-----_;· ; ·-/ffi"· l--- \ ---. '-.. -/ ./ '·,\a.•; '-.. /·-._ ,.~2t ,.,,1 j\, I I I I .. I ·:~l;_;.lI "''·· • .. . I· ·. . . '-.. I . ·. "l.« .. • .: . ··~".. . .. I 'y ./ / / / / NOpC \_/ /.-5~142 errr<XMmS----.--.:,,,_. .... i,. = ''"''.:~;t /.S NO,,.O ~ =---.;;;, c.i,w°""",,.,.......,..'"'°'" BIi "' ~ __ RETENT!6N-CALCULA TIONS "'"'"""'ow~,,--D1'Ao, o,s.;,sto "'-= rHU>. ~;;~~·~~"'~ ""'5 "'"'",...""""· """"'' ""'"'""''"'-"''~"""""""-"""'"''"""''"'""= - ~X~JJ-•O ;f,."t;,.~~-a,,~·,ra,-2·c"1JP<i/M£>. LEGDID * 0 -··-@(Q)-ue-, @ ® ;;,,~:;,."'i;,';f::,.J.',if:'%,.';:J;~ ~F ,-. i:: rv· r~ ""; , -· \.......-.,,..,,, .CL.s OF l(El'JTON -'-lf.,."\/·.;,;,;:; DiV/S/ON r,.;,.::,_(,-,._:-.Js::;>:...' r.;: ~ ::;:-.r, ""-_. ~~-""" -------- Recomr:-,,;,n::1e%) ior A.~'P:O\·c,1 "?1°:0 _ 'c'~R~-383804 c1-y OF .::::EN TON @ NORTH w: ,,., .. :~.'"- ~.~l-"'"Conh>- 10/,ITl(l,Cfl.W...__ D.R. STRONG CONSULTING ENGINEERS "'""""''"' ,.__,., ,.,.....,,,., ~:~~I ®" "'"·'J/Bc,l,J;,,,/Puolle Wo,k, Dcol. n-!E ENCLAVE AT BRIDLE RIDGE TREE RETENTION Pl.Al\ U1400536B ""'"'"""""--""-.. ~"'""""''"''"-"" "' e2~SION BY I OATE I we~ ["=""~ <'::>'.(l.0~!>'yOY DRS PRO.CCT NO. 1.3117 I, 1, " !I ~i \, 1, ,. ! ! i I I I I I I I (i " :::; r :.. ·< z z 0 ~~ . .,, 'd·' Al C. fr'i < z "' 0 _, z 0 z ( -·--1- I I I L I ' I I I I I ' I I J ' I I I I I ' L I -1 I ' I I L ' ~, ' I ' I \ ' --,----------J r----~A)'.'.t"g__) ~~-=--__j~ I ' ' THE ENCLAVE AT BRIDLE RIDGE 1-----, ' -' ' " ' ' ' ' r-----1 ' ' : ,,l I I ___ j c-------; ' I ;.. ; L _____ -1 ;-----r ' ' I <,i: c. ____ .J r--------, ' ' -' ' ' . _____ J r-----, ' .,: : c I _l ,----, : t,; : ' ' r ______ J ;------! I ~ i ~-I 1-----, ' ' ' -' . -' ' ' "--__ J r" ----: j >, I ' 0 ' ~----J , ---- ' : ~ : ~-___ _J ,---- ' ' L __ ~ ---, r-----, 11 11 I, ::! ~ : I " : : "' : : 11 11 11 II II ,-----, ' s ' ' -' ' ' 1 _____ ; :-----: ; ~ : ~----_J r----- ' ' I "' I ' " ' r---- r-- ' -' ' ! ' ' ' ' I ~ I ' ' I____ J 1-----1 ' ' : ~ : L __ _ ---J L--__ J l, ____ J L _____ J L ____ _J L ___ _ 11 -------... -·-·----------·-----........... ~--.. ------ '"""'"~~t.=-w,,cn..s '",,_.,:::;'-,~,~'."c.u~"" LUA14-000241 ,-- ' ' ' ' ' -' ' c ___ . _I I --, i "' : ' 1 ______ _; -----_,., ___ _ ,,., "'"-~" - :, N 0 0 0 I "" ;;c 3 w " 0 ii' w ~ 0 ii' rn c-s: "' SC [j z w w '" ·--. __ ~· .. 1 SE 1/4 SECTION 14, TOWNSHIP 23 N, RANGE 5 E, W.M. THE ENCLAVE AT BRIDLE RIDGE 1-· I \ ' 1-·,1/1 ·,. ;l V,, .. ,' p·· ····-.····w···· ~ \·./.< .~~jc I , r ··cu\ ,,,. (/) __ ., ··~11·.•.1·.·. l;i; : . I .~ ,. ',, ,• ----1 I I _L_' l.~I I·· . 1 ··-~ .. ;.; .. ·1s ; •... •.· -·-. ' -. _. '' ~;>·1_,.~ _.,.,,, ' ·-. -. . . :,~,-.-,, ,1,ut,' ~Jfo,~'' "t'"·\f;.,., :~~r~J;;;~.;-, -~~··-:-s.-.. '~~J{'C"·>·.' ~~ .. -.. -.~"'·· .... '~11.::cj .. \ "'"'',"<" ?,f:;",r.~-z:: '·-. ...... \\;,'•ff•·:. ·-. . •. ·.·,>,-.-· ._ (, ,i,. ,...;,: c· '~;..,,-. , •"· ·' J~ -'-]· --:.~::\: -~:JiIFt '"_"··:: :·~{~:1;?~~y/:. ->-· 1· /,.," •. ;a· .··' "/;"8,""'• ·'. \~''.'>''5'-~"i={""''' I "-~·-.·<·· .. ,.;/' .,.,,,.,·'._5' .,,::';:,,1·/·_:i';·._,··1· ,-' ' .· ·.' -.. ' '~: ..• :., .· ,· .. ·" I.' <)'"'. '·, ('·_,.,.~_,)'. -"':'~~; '11 ,;,,J.'-. -. l . -. <· LUI '~--; I I • .. ··w·' I ' •. . ·:, . ·' ~ -----j ·-·· •.··,. @~-~-=---__ -;;;TH;~ =1 I I 1' ,u~----------' ~ ~ ~-,-=.·.-.•=· .. _-:_j.··. !'--I • ' ------· . ~--. --. ·-:: • -~ -~-_-.) --~ ----Jr , 1j ,,-,,,, ---. -. J\ : "' I -. I ' ' -. ',._ -. . .. I.-- , I .. l ::~ ,, . . . . ', I /,: ;, ~· .·· ... ··. • Iii "' / / ' ' "" ':; ·. ·.. ,. y / \ / I / ' pc \/ /s•142ND ,...,, - . ''" ci'r~1U$1< --_,!I!~ ~w• ~ . ---1, AS NOIE!l ~"·' """" ..... "'·"·" --..... 01..1:1,,0 -~ ll c.i•-""'"-'"'~ .~sr~~~i' D.R. STRO/VG CONSUL TING ENGINEERS _,,.,,,,___.,, .... ~-·-f.._:;' ... "::,.,' 811 \J\ltn--L-c..k IOM!_~WAl ----< ""r;:'..;,';';;",.:,.,"':'i;;'/;,';;,":"' " ~£\SS[~S " o,,.-t "" "" -=.;\,.('Mo ~ ;tt::,. *' ~ff RETF:NnON C~LCUI.A nONS '•o•.«""""'"'"' ...,, ':,-1, ';J'.:-,,'f(_'t;_~· '"''"" --;;;;:~:: ;:"'~ = J:;,"':,Z{;"'"" __ ,,oo,:,u;,,w,R£«''m mas ,o oc "",,.,,, """'°""· "''"'"'''°""""""""'""""'"" = If,""'"'!·'" ~~scio,"'l;;" ... ~""'"''"'-r~= LE:GEND_ "~ ,QI _M':I::. '<)I '""'"'""- @©-···- @m ® ~ ~'li' 0:1;1::1,,,w..,, :i?iC"'"'F;-1,:r~, 'J;; I.,, -'\i !;, :iJ r;wcr.r ,._._.,,:,: .• ::,:~ ·-:_-;;-,. CIT\. ()-F t~:.Ef·JTO ~--... ~--~'="~~--~ Rocornr:,0nctt1C f::,r .;:,p10,C1 "' A'""''c-~'0N ........ d~l···ui ~f-".:~~;_-3 83 804 NORTH G"-'<f'HICS""'-E ~ 11NCH••Oet. C'Tv OF" TiiE ENCLAVE AT BRIDLE RIDGE RENTCN TREE RETENTION PLAN riono;o1/a";10;,a10,,,,, '11<.,,,, Gcpl. U14005368 <:"D,\'l----·-·yny-uy DRS PROJECT NO. 13ll7 I, 1, I l ' t d z ~ z 0 § O' J , I ' "' Q ~ 3 => ~ V, ~ " 0 O' Q_ Q_ <{ z 0 >--z w O' "-0 t u I " i ~ ~ • ' c a ~ i ' ' i ' ' ' ! ' ! if I ' ' J I i "' >--z w ~ " '-' 0 w ~ ;E 0 z ' "' &i~ u <{ i ' ! I ~ I I a I ~--, ! i ~ I " I I ~ !,!ii' I ea ~ ' ' g! ~ " ' v, g e ' " § t CITY OF RENT01. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 14, 2017 To: City Clerk's Office From: Jennifer Cisneros Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: The Enclave at Bridle Ridge LUA (file} Number: LUA-16-000280, FP Cross-References: AKA's: Project Manager: Jan Illian Acceptance Date: April 14, 2016 Applicant: Justin Lagers Owner: Albacore ACH, LLC Contact: Justin Lagers PIO Numbers: 2345750050, 2345750250, 2345750220, 2345750270, 2345750030, 2345750020, 2345750060, 2345750280, 2345750110, 2345750300, 2345750080, 2345750190, 2345750230, 2345750180, 2345750200, 2345750160, 2345750210, 2345750010, 2345750240, 2345750120, 2345750140, 1423059057, 1423059057, 2345750150, 2345750130, 1423059023, 2345750310, 2345750290, 1423059122, 2345750090, 2345750100, 2345750170, 2345750260, 2345750070, 2345750040 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: August 4, 2016 Anneal Period Ends: Auaust 18. 2016 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final Plat Recording Location: 156th Ave NE and SE 7th Place Comments: . --..... -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Enclave at Bridle Ridge Final Plat LUA16-000280 ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) ________________ .) Summary 16 The applicant has applied for final plat approval of the Enclave at Bridle Ridge subdivision. The 17 18 final plat is approved subject to conditions. Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: L 2. 3. 4. 5. 6. July 20, 2016 staff report. Preliminary Plat Decision (LUA 14-000241 ). Final Plat Vicinity Map. June 28, 2016 Compliance letter. Order and Judgment Denying LUP A Petition FINAL PLAT -I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Findings of Fact Procedural: l. Applicant. Albacore ACH LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 31 lot subdivision, as depicted in Ex. 3. The subdivision received preliminary plat approval on July 18, 2014 by the City of Renton. The subdivision is located on the east side of 156 1h Ave. S.E. between SE 139th PL and SE 143 St. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: l. Authority of Hearing Examiner. RMC 4-7-1 IO(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-I IO(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION 24 The final plat application is approved, subject to the following condition: 25 26 I. All plat improvements shall be either constructed or deferred with adequate security to the satisfaction of City staff prior to the recording of the final plat. FINAL PLAT -2 ... ..., .. - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated this 4th day of August, 2016. )( ( .. , ,. ( ,,·. l'ht .. \_ Olbr1.·Lhl~ City of Renton Hearing Examiner Appeal Rights and Valuation Notices RMC 4-8-080(G) classifies final plat decision as Type III applications subject to appeal to the City Council. Appeals of the hearing examiner's decision must be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT -3 . - DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT $ C!TYOP ~ ---------Renton~ A. REPORT TO THE HEARING EXAMINER DATE: Project Name Owner: Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: Site Area: B. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: July 20, 2016 The Enclave At Bridle Ridge Final Plat Albacore ACH, LLC 9675 -SE 36'h Street Suite 105 Mercer Island, WA 98040 Justin Lagers, PNW Holdings, LLC., 9675 -SE 35th Street Suite 105 Mercer Island, WA 98040 LUA16-000280, FP Jan Illian A 31-lot residential subdivision with 1 Tract on an 8.8 acre site, located within the (R-4) zoning classification. Preliminary Plat LUA 14-000241. 14004 -156'h SE, Section 14, Township 23, Range 05 383,127 SF (8.8 acres) Staff Report dated July 20, 2016 Preliminary Plat Report and Exhibits (LUA14-000241) Final Plat Map Vicinity Map Conditions of Compliance Letter Hearing Examiner's Decision on LUPA petition dated May 15, 2015 i C. FINDINGS OF FACT (FOF): 1. The applicant, Albacore ACH LLC, filed a request for approval of a 31 -lot final plat. 2. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non- Significance -Mitigated on March 31, 2014 for the subject proposal. 3. Representatives from various city departments are reviewing the application materials to identify compliance with all conditions of project approval. 4. The subject site is located at 14004 -156'h Ave SE. The plat is located in Section 14 Twp.23 Rng.05. 5. The subject site (383,127 square feet) is an 8.8 acre parcel. HEX Report The Enclave At Bridle Ridge Final Plat LUA16-000280, FP City of Renton Deportment of Commu The Enclave at Bridle Ridge Final Plat t Economic Development Hearing Examiner Recommendation LUAl6-000280, FP Report of July 20, 2016 Page 2 of 5 6. The preliminary plat (LUA14 -000241) received approval from the City of Renton on July 18, 2014. No appeals were filed. 7. A request for reconsideration of the Hearing Examiner's approval was submitted and filed on July 301 h 2016. The Hearing Examiner denied the request for reconsideration on August 31, 2016. An appeal to Council of Hearing Examiner's Decision was filed on August 26, 2016. Council affirmed the Hearing Examiner's (July 18, 2016) decision on October 27, 2014. A Land Use Petition was later filed on November 17, 2015 with the King County Superior Court. The LUPA petition was denied by King County Superior Court Judge., Tanya Thorton on May 15, 2015. The property is located within the R-4 Zone and RLD Comp Plan designation. 8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 9. The applicant has complied with the following conditions imposed by the ERC on September 15, 2014: i. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study report, prepared Earth Solutions NW, LLC. Dated February 5'", 2014. Staff Response: These recommendations have been complied with by the completion of construction of site improvements as provided for on the approved construction drawing. 10. The applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's Decision dated July 18'", 2014. i. The applicant shall comply with the mitigation measures issued as part of the Mitigated Determination of Non-Significance for the proposal. Staff Response: See staff response above. ii. All proposed street names shall be approved by the City. Staff Response: Street names have been provided by the City. iii. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). Staff Response: All lot corners at the intersections of the dedicated public rights-of-ways have a minimum of 15-foot radius. iv. Side sewer lines shall be installed eight feet {8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. StaffRespanse: As indicated on the approved construction plans (and as-built drawings), all side sewer lines have been installed 8 feet into each lot. v. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. Staff Response: This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. HEX Report The Enclave ot Bridle Ridge LUA 16-000280, FP City of Renton Department of CommL ~ Economic Development The Enclave at Bridle Ridge Final Plat Report of July 20, 2016 Hearing Examiner Recommendation LUA16-000280, FP Page 3 of 5 vi. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. Staff Response: All dry utilities (cable, phone, gas, etc.) have been installed underground, stubbed to each lot, and all associated fees have been paid by the developer. This condition has been met with the completion of construction of the site improvements as shown on the approved construction plans. Necessary easements have been produced on the final plat. vii. The applicant shall install all street signs necessary in the subdivision prior to final plat approval. Stoff Response: All street signs have been installed. viii. City staff shall investigate whether the proposed 1561 h Ave crossing for school children is safe in terms of lighting and stopping distance. Staff shall require further investigation as necessary to ensure safe walking conditions for children walking to the school bus. Stoff Response: This condition has been met and action taken by the city staff ix. The proposed stub road shall include a temporary turn around as required by RMC 4-7-lSO(G) if this is not already proposed. Staff Response: The required temporary turn around has been constructed along with the other site improvements as shown on the approved construction plans. The required easement has been shown on the final plat. x. The applicant shall comply with the mitigation measures issued as part of the revised Determination of Non-Significance Mitigated, dated May 19, 2014. Staff Response: Mitigation Measure is project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study report, prepared Earth Solutions NW, LLC. Dated February 5th, 2014.These recommendations have been complied with by the completion of construction of site improvements as provided for on the approved construction drawing. xi. The applicant shall obtain a demolition permit and complete all required inspections for the removal of the existing single family residence, detached garage prior to Final Plat recording. Staff Response: The required permit has been obtained and the existing structures demolished. xii. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including a 10-foot landscaped visual barrier around the perimeter of the storm drainage tract (Tract A). Staff Response: The required plan has been submitted and approved and included with the construction permits. HEX Report The Enclave at Bridle Ridge LUA 16-000280, FP City of Renton Department of Commu The Enclave at Bridle Ridge Final Plat Report of July 20, 2016 I Economic Development Hearing Examiner Recommendation WA16-000280, FP Page 4 of 5 xiii. The landscaped visual barrier around the perimeter of Tract A shall be installed prior to recording of the final plat. Street frontage landscaping shall be installed prior to Certificate of Occupancy for the new single family residences. Staff Response: Prior to recording of the final plat the landscaped visual barrier around the perimeter of Tract A will be installed. Prior to Certificate of Occupancy for each new single family residence, street frontage landscaping will be installed. xiv. An easement for tree protection shall be recorded along the east property line to protect the trees available for retention (as determined by the City of Renton Arborist). The easement should be of sufficient width to adequately protect the trees identified for protection, however staff recommends that the easement width be permitted to vary based on the width of the stand of trees proposed to be retained. Such easement shall be identified on the face of the Final Plat. Staff Response: The trees to be saved have been shown on the final plat and a restrictive covenant added providing for the protection of the trees. Covenant has been approved by Current Planning project manager. xv. A final tree retention plan shall be submitted with the construction permit application identifying all the trees to be retained, as determined by the City Arborist. Staff Response: The final tree retention plan has been submitted and approved by the city xvi. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. Staff Response: Street lighting plans have been submitted and approved. xvii. The plat map shall be revised to show Tract Bas dedicated right-of-way. The revised plat map shall be submitted to the Current Planning Project Manager prior to recording of the final plat. Staff Response: The preliminary plat has been revised to include Tract B as public right of way. The revised preliminary plat has been resubmitted and approved by the city. xviii. Secondary review may be required for the pond with both structural engineer and geotech engineer, and lining may also be required. Staff Response: The pond design has been approved by the city. xix. Site grading shall be limited to summer months. If the grading is to take place during the wetter winter or spring month, a contingency shall be provided to the project budget to allow for export of native soil and import of structural fill. Stoff Response: This condition has been met. All site grading has been completed. xx. The applicant shall create a Home Owners Association ("HOA") or Maintenance Agreement for the shared utilities, stormwater facilities, and maintenance and responsibilities for all shared improvements of the development. A draft of the document(s) shall be submitted to the Current Planning Project Manager for review and approval by the City Attorney and Property Services prior recording of the final plat. HEX Report The Enclave at Bridle Ridge LUA 16-000280, FP City of Renton Department of Commu The Enclave at Bridle Ridge Final Plat Report of July 20, 2016 ! Economic Development Hearing Examiner Recommendation LUA16-000280, FP Page 5 of 5 Staff Response: The applicant has established The Enclave at Bridle Ridge Homeowner's Association along with the certificate of incorporation and Covenants, Conditions and Restrictions. A draft has been submitted and approved by city staff. xxi. Bamboo may not be used for any landscaping required by this proposal. Staff Response: The approved landscape plans approved by the city do not include planting of bamboo. I D. CONCLUSIONS: 1. The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 7. 2. The subject site is located in the Residential -4 DU/AC (R-4) zoning designation and complies with the zoning and development standards established with this designation see FOF 7. 3. The Final Plat satisfies the conditions imposed by the preliminary plat process, see FOF 6. II E. RECOMMENDATION: Staff recommends approval of The Enclave at Bridle Ridge Final Plat, File No. LUA16-000280, FP as depicted in Exhibit 3, subject to the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 20'" DAY OF JULY, 2016 r HEX Report The Enclave at Bridle Ridge LUA 16-000280, FP 2 3 4 5 6 7 8 9 10 11 12 13 14 15 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: The Enclave at Bridle Ridge Preliminary Plat Preliminary Plat and SEP A Appeal LUA14-000241 ) ) ) ) ) ) ) ) FINAL DECISION SUMMARY The applicant requests preliminary plat approval for the subdivision of 8.8 acres into 31 single-family 16 residential lots on the east side of 156th Avenue SE between SE 139th Place and SE 143'd Street. An appeal of a Mitigated Determination ofNonsignificance ("MDNS") issued under the Washington State Environmental Policy Act ("SEPA") was consolidated with the review of the preliminary plat. The preliminary plat is approved subject to conditions and the SEPA appeal is denied. 17 18 19 20 21 The SEPA appellants have raised valid and understandable concerns about traffic congestion, but the contribution to that congestion falls within the level of service ("LOS") standards adopted by the City Council. LOS sets what the City has legislatively determined to be an acceptable level of traffic congestion. The SEPA appellants have not demonstrated that the proposal violates City adopted LOS. 22 The City's unique LOS is not very well suited for project level review because it allows for severe congestion in some areas so long as traffic runs more smoothly at a more global level within the City's transportation network. Nonetheless from a legal standpoint the City's LOS is largely the only standard that can be applied in this case. The LOS standard represents a balancing of (1) the state's Growth 23 24 Management Act mandate for the City to accommodate an allocated amount of population growth; (2) limitations on the availability of public funds to pay for transportation infrastructure; (3) adherence to the state and federal constitutional mandate that developers can only be held financially responsible for the traffic impacts they create ( e.g. if a project cipntributes to 20% of the traffic for a needed traffic 25 26 PRELIMINARY PLAT-I EXHIBIT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 improvement, the developer can only be made to pay for 20% of the improvement); and (4) avoiding the creation of an unconstitutional de facto moratorium by imposing an LOS that indefinitely prohibits development. Applying a different standard than the City's adopted LOS standard will likely result in a situation that violates the constitutional rights of the applicant or that is inconsistent with the transportation funding priorities set by the City Council, unless some proportionate share improvements can be required of the applicant. In this case some proportionate share improvements are being required of the applicant for an intersection that is not perfonning well, but as pointed out by one of the project opponents, this money has to be expended in six years or returned to the applicant. It is entirely possible that those monies will not be expended in six years, but given the factors that limit the setting of an LOS standard, that is the most that can be legally required. Project opponents and the record does not reveal any other proportionate share mitigation that could further reduce congestions. In the absence of any such mitigation, the City's adopted LOS standard is largely determinative on the issue of assessing congestion issues. The congestion issue is addressed in more detail in Finding of Fact No. 4(E) at page 12 of this decision. TESTIMONY SEPA Appellant Testimony Mr. Roger Paulson stated l)e is neighbor of the proposed development. His only access to the city street system is by way ofan intersection of SE 5th Place and 156th Avenue SE which makes the traffic conditions on 156th a primary concern to him and his neighbors. He believes the city has continually failed to inform the record of the adverse impacts associated with this project. Additionally, he feels the city's public comment process for the plat and SEPA detennination was misleading and unclear. His neighbors did not understand the limited opportunity they had to provide comments regarding the project because of the city's failures at providing information. Applicant Testimony Mr. Carson stated the appeal raises two issues with one being procedural and one being traffic. The city used a well-established DNS process and followed it correctly. With regard to the traffic, the traffic engineer for the project is able to provide infonnation on how the proposal and how it will not negatively impact traffic. Vincent Geglia testified that he is a principal engineer with TrafiEx. His firm prepared the traffic analysis for the project. The first traffic analysis was dated December 27, 2013 (Exhibit 2, attachment 12). The first analysis determined the number of trips generated by the plat and performed lev.el of service calculations for the intersections which is a typical analysis. The city has defined the seope of traffic analysis by limiting the number of intersections to be analyzed to those that will be subjected to an increase of five percent traffic volume due to the project. None of the intersections in Renton meet this criteria; however, as a matter of preference, the city asked TrafiEx to look at the two site access street~ to 156th Avenue and the intersection of 142nd and 156th SE. This latter intersection PRELI.\1INARY PLAT -2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is a stop-controlled sign intersection to the south of the project. The original study looked at the pm peak-hour and concluded that the two site access streets offered acceptable level of service but the 142nd intersection did not meet level of service with or without the new project. TraffEx prepared an addendum to the original traffic report which included am and pm peak hour points at the previously studied areas and added a new area, the SE 5th Place and 156th Avenue intersection. Once again, the levels of service were the same with or without the new plat traffic. This infonnation is in tables I and 2 of the addendum dated April 29, 2014 (Exhibit 1, attachment d). Generally, the pm peak hour is worse than the am peak hour. After project completion, the SE 5th Place intersection will continue to operate at level of service C, the north-side access street will operate at level C, the south side access street will operate at level B, and the 142nd intersection will operate at level F. The city is in the process of approving a plan to install a traffic light at 142nd and 156th. The appeal stated that the conditions with the traffic light have not been analyzed, thus Trafffix prepared a second addendum dated June 20, 2014 in order to analyze the possible new conditions (Exhibit 4). With the traffic signal, the 142nd intersection would improve to level of service B in the a.m. and p.m. peak hours. The southbound queue on 156th would be significantly reduced as well, thus it would not block SE 5th Place. The maximum queue was calculated at 77 peak in the am, and 61 in the pm peak hour. These calculations are all ,ubject to how the signal is timed. The southside access road to the enclave road is approximately 175 ft which is north of the stop bar for the signal. With the maximum queue calculated, this access area should not be affected. In regard to the trips for the project relative to the trips through the affected intersections, the project will add 7 trips to the am peak hour and 9 trips to the pm peak hour. Under cross-examination by Mr. Paulson, Mr. Geglia stated that the city requested an am peak analysis after receiving a letter from Mr. Paulson. In regard to the am peak analysis addendum being added after city approval, Mr. Geglia noted that typically the pm peak hour is the worst operating conditions. The observed stop-line queue is longest at the pm peak hour. Mr. Paulson stated that city policy requires both am and pm peak hour analysis. He noted that the code citation for this requirement was in his original request for reconsideration. The am peak analysis was not included in the proposal until after approval. Under cross examination by Mr. Paulson, Mr. Gcglia testified that traffic analysis considers both queue time and opposing traffic. Under redirect by Mr. Carson, Mr. Geglia said that Renton traffic guidelines apply to 5 percent increase in traffic due to a project, and this increase does not occur for this project. It is very rare that am traffic is greater than pm traffic. City Testimony In regard to the procedural issues raised, Mr. Gannon Newsom, Assistant Renton City Attorney, stated that there is no evidence that any other person attempted to become a party of record and were denied the opportunity for submitting something late. He noted that Mr. Paulson claims other neighbors misunderstood the comment process, but Mr. Paulson was able to understand the process so it seems likely others would have as well. Additionally, Mr. Paulson does not have standing to raise this issue PRELL\1TNARY PLAT -3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 because he understood the process. The city complied with alternative DNS process. This process allows a city such as Renton with an integrated review process to utilize an integrated comment period to obtain comments on the notice of application and likely threshold. The notice points out that the city was relying on the optional code, and the established comment period was the only opportunity for comment. Adequate notice was provided of the process. Jill Ding, Renton Senior Planner, testified that Mr. Paulson submitted a comment letter during the SEPA comment period (Exhibit 2, attachment 21). Rohini Nair, Renton Civil Engineer, stated, in regard to Renton's traffic study guidelines, the policy mentions that it should include am and pm analysis. The Code uses the word "should." However, when staff reviewed the project, it found there was not a 5 percent increase in the traffic which is the threshold for the guidelines. Additionally, when reviewing the site, it was clear the pm peak hour was the more critical situation. Even in the pm there was not a five percent increase. She is a level III Civil Engineer for the city. She reviews the engineering aspects of projects. For projects with more than 20 trips, she conducts a traffic study. She has a Bachelor's in Civil Engineering and a Master's in Civil Engineering Investigation from University of Texas. In regard to traffic impacts for the proposal, there are 31 expected new trips for the project in the pm peak hour. She has worked at several cities in Washington, including Des Moines and Bellevue, before beginning work in Renton. The 20 threshold for impacts is not high based on her experience. In some places she has worked, the threshold is 30. The threshold really depends on the jurisdiction with relevant factors including siz.e and nature of the area. In regard to the 156th and 142nd intersection, the city has studied the traffic in this area. The city conducted a study to determine if traffic signals were warranted at this intersections in February, 2014. The city took traffic counts at the intersection and found a signal was warranted. There are nine possible criteria that warrant a signal, and two were met. The two satisfied were the incoming volumes and peak hour counts. The intersection was put at number nine of the priority list for traffic improvements. The need for the signal is not related to the proposed project because the existing traffic was used in conducting the February, 2014 analysis. If the project did not move forward, the city would still place the signal installation at nine on the list. The city conducted an additional study of traffic counts in June, 2014 (Exhibit 5) for 156th and 142nd. In this new analysis, the city analywd what level of service would be with a signal. The city found that the level of service would be good, and the queues would not back up to access points. Currently, the level of service for am is E. For pm, it is F. Level of service F means there is lots of delay. With a traffic signal, the am level of service would be C and the pm level of service would also be C. These are outright improvements and will move forwdrd even if the project does not. The traffic signal is not tied to the proposed project. She does not know the likelihood of whether the signal will be installed in the next 6 years. The study was based on existing traffic, and did not include projections for increased development. Renton bases its studies on a 2 percent growth rate. With larger subdivisions, Renton requires more long-term studies, specifically studies over 2 years. The 2 percent growth rate is used unless there is huge development such as a mall being built close-by. Under cross-examination by Mr. Paulson, Ms. Nair testified that, in regard to the language of "should," ifa site will not have a significant impact, then neither an am or pm study would be required. Under cross-examination by Mr j Paulson, Ms. Ding noted that one public comment was recei~ed PRELIMINARY PLAT -4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 after the close of the comment period. The city responded to this comment and did not deny its entry into the record. The comment letter did not include any SEPA related questions. The SEP A mitigation included a condition that requires the applicant to pay its fair share of the traffic signal. However, the mitigation clarified that the signal was not linked to the project nor required to be installed as part of the project. Under cross-examination by Mr. Paulson, Ms. Nair said she did not feel comfortable addressing the City of Renton 2014-2019 6-year Transportation Improvement Plan document because it was outside of her Deparnnent. Under cross-examination by Mr. Carson, Ms. Nair testified that when she references the city's guidelines she is talking about the document "Policy Guidelines for Traffic Impact for New Development." This document is Exhibit 2, attachment 29, ex. C. The city uses this document when reviewing projects. The first guideline is that generally, a review is necessary if there are 20 or mon; trips generated. The next guideline is that the scope of that analysis is those intersections which the project will cause a five percent increase at peak hour trips. The policy uses five percent as a guideline and allows Public Works and Community Development decide if the departments believe further review is necessary if the five percent threshold is not met. The subject project did not meet the five percent threshold. If five percent was the only factor, there would have not been any analysis. The applicant used a three percent gro,,,..th factor in its analysis. Under redirect by Mr. Newsom, Ms. Ding read into the record the comment letter received after the comment period ended. The letter addressed concern over the area becoming a ghetto and noted concern about turning out of the 5th Place intersection. The letter did not mention concerns about the comment process. Next, Ms. Ding read the city's response letter into the record. The response noted that the comment Jetter had become part of the record and provided the time, date, and location of the review hearing. Applicant Response Mr. Carson testified that the city followed the correct process for optional DNS proceedings. In regard to the traffic issue, there are now two independent studies in the record which find that traffic will be improved once the traffic signal is built. The project contributes very few trips to the problem areas. Appellant Response Mr. Paulson stated that Exhibit I, attachment h, the city's Notice of Application, has no reference to public comment on the first page. On the second page, there is no change in title so the assumption is that the document is still referring to the DNS. The second page says that "If comments cannot be submitted in writing by the date indicated above, you may still appear at the Hearing and present your comments." Nothing in the document suggests that a person waives their right to comment on the SEPA determination by choosing to make their comments at the hearing. In regard to the traffic issue, Mr. Paulson's argument is that there was no traffic analysis done with the inclusion of the traffic signal by May 19 when the city issued the DNS. Before May 19th, there was nothing on the record to ensure the traffic signal would improve conditions. PRELIMINARY PLAT-5 I 2 3 4 5 6 7 Mr. Newsom added that the first page of the application notes that Renton would be using an optional SEPA review process which allows for the integration of the comment period into one period. The notice states that there will be no comment period after the DNS issuance. LUA! 4-000241 Preliminary Plat Application Staff Testimony Jill Ding, Renton Senior Planner, testified that the Enclave at Bridle Ridge is located on the west side of 156th Avenue SE. The site is 8.8 acres and currently zoned residential low-<lensity in the Comprehensive Plan and R-4 in the Zoning :\1ap. The proposal is for the creation of 31 lots and two 8 tracts (A and B). The net density would be 4.45 units per acre. The lots would range in size from 8,050sqft to l 2,566sqft. Tract A is for stormwater, and tract B is a 490sqft open space area. There was a lot line adjustment processed concurrently which removed 30,l 75sqft from the subdivision. The removed area included a single-family residence. This adjustment has been recorded. Access to the new subdivision will be provided via a new looped public street off of 156th Ave SE. There is an additional extension to the southeast that terminates in a cul-<le-sac turnaround. This road will extend when development begins to the south. The site is currently developed with a ;ingle-family residence and a detached garage. These structures will be destroyed. There are no critical areas on the site. There are 303 significant trees. 35 of these trees are proposed to remain along the east property line. The 14-day notice and comment period commenced on March 10th, and the city received two comment letters during the period. The city received one additional letter after the conclusion of the comment period. A DNS which included one mitigation measure was issued on March 31st. A request for reconsideration was filed on April 17th citing concern over public notice and traffic on SE 5th Place. In response to the request, the city and applicant conducted additional traffic studies. The applicant's review found that the project would not have significant adverse impacts on the intersection of 156th and SE 5th Place. The city concluded that a signal was warranted at 156th and 142nd. The city issued a revised DNSM 9 10 11 12 13 14 15 16 17 on May 19th requesting that the applicant pay its fair share of the new traffic signal. A new appeal period commenced and ended on June 6th. The proposal is consistent with the Comprehensive Plan and the zoning regulations assuming the applicant complies with all conditions. The city allowed the new road to be curved in order to protect some existing trees on site. 200 trees on-site have been identified as 19 protected, thus 30 percent retention or replacement is required. 35 trees will be retained and the rest will 20 be replaced. Police and fire have significant resources to serve the project. The school district is able to accommodate the additional students as well. All students will be bussed. The applicant submitted a preliminary drainage report which shows a stormwater wet pond in tract A. Additionally, the applicant submitted a landscape plan. 50ft landscaping strips are required around stormwater ponds; however, in this case, the strips are only I Oft and increasing the size would result in the loss of a lot. Staff recommends the 1 Oft strips be approved and be installed as a landscape visual barrier. In conclusion, staff recommends approval subject to 11 conditions ofapproval. 18 21 22 23 24 25 26 In regard to the curved road, Ms. Nair testified that she believes straight road alignments are policy, not code. Applicant Testimony PRELIMINARY PLAT -6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Maher Joudi stated that, in regard to the curvature of the roadway, the Renton Municipal Code requires certain tangent lengths, but docs not require straight alignments. The applicant can achieve the necessary tangent length for the reverse curve to meet RMC standards. In regard to traffic, the project does not create the need for the traffic signal. The independent studies found that current conditions warrant a signal. Public Testimony Tom Carpenter testified that he resides within half a mile of the project. He often utilizes the transportation sy;tem in the area. He was on the King County Traffic Review Panel when it implemented its current transportation concurrency approach. He is concerned with the roads that will intersect with 156th. IfRenton's concurrency were to use a delay an intersection, this area would fail concurrency. Renton's concurrency approach will fundamentally never deny development as is because it does not utilize a delay of intersection even though many other jurisdictions do. Renton also does not use travel-shed 12 which would result in this area failing concurrency. In a letter when King County was evaluating a new transportation plan, Renton told King County to establish a concurrency irrespective of political boundaries to evaluate the true impact of vehicles on infrastructure. Renton has demonstrated an intent to do inter-jurisdictional transportation planning. Renton' s current thresholds for when developments must meet greater review standards is too high because it is geared towards larger developments. The trend is towards smaller development such as the Enclave, thus Renton' s standards arc not adequate. These intersections are part of a bypass route for I-405 in the Washington State Corridor System. The city should not allow more encumbrance on this route; instead, it needs a balance between moving traffic through the corridor and providing safe ingress and egress for local residents. He has no objection to the development of the area, but believes these transportation issues must be addressed. He submitted his written comments as Exhibit 6. Roger Paulson testified that his access to the city is by way of the SE 5th Place. He submitted a comment letter from him and his wife as Exhibit 8. He submitted a petition signed by 62 of his neighbors and frequent travelers of the area noting their belief that the Enclave development does not meet state transportation requirements (Exhibit 9). He entered the city's 6-year Transportation Plan into the record (Exhibit 1 OJ. The Traffic Improvement Plan says the city builds one new traffic signal every two years, and the traffic signal planned for the area is not the top priority. The MDNS from :\fay 19th created a nexus between the development and the traffic signal. The May 19th decision failed to include a traffic analysis of the impact of the signal. A detailed traffic analysis study needs to be conducted and made available to the public. He submitted a request for reconsideration after the May 19th decision, but his request was denied (Exhibit 11 ). He entered the letter denying his second request as Exhibit 12. Kathy Forsell ;tated that she lives at 13710 156th Ave SE and also owns a home at 142nd Place. The developers need to be considerate of the people living in the community. The area needs more stability before it can handle this type of growth. The traffic on 142nd Place backs up at different times than those tested in the traffic analyses. There is more traffic at 6am than later in the morning. She did not hear about the new development until late in the process. A traffic light will not solve the problem, and the city needs to consider other road improvements. I PRELIMINARYPLAT-7 l Gwendolyn High testified that she is the president of the Community Alliance to Reach Out and Engage which represents households over incorporated and unincorporated boundaries in regards to 2 planning and land use. She noted that the transportation impact analysis from December, 2013 states that 156th Avenue is straight through the access points which is true; however, the intersection with 142nd is not straight. The sight lines are terrible. If you are turning left on 156th, you cannot see the 3 4 access street. The December, 2013 analysis does not provide a citation for the 3 percent annual rate. There is no reference to other projects or other basis for this percentage provided in the study. The analysis also claims there is adequate distance between the intersections; however, an I-Map illustration in her presentation packet shows that the intersection of 142nd has a stop sigu 7ft north of the southern boundary of the Enclave site. Using the figures from the traffic analysis, the distance from the crosswalk and proposed access site is approximately 119ft which is less than the standard of 125ft. The entire corridor is in the J 405 plan and has been identified as needing arterial improvements. 156th is listed as a minor arterial. The standard for minor arterial right-of-ways is 4-lanes at 91 fl. There is no provision that adequate right-of-ways be made in order to provide for future improvements to this corridor. The proposal that students cross 156th to be on the southbound side to reach a bus stop will create a dangerous situation because of poor lighting, a busy road, and bad sight lines. If the city does not use 5 6 7 8 9 10 the money provided by the developer for improvement in 6 years, the money is returned to the developer. The infrastructure changes are slow and never meet the threshold for actually making improvements. The Comprehensive Plan fails to deal ,vith the impacts of new development. 11 12 13 14 15 16 In regard to stormwater, Ms. High noted that Renton has an underdeveloped stormwater conveyance system. Previously approved developments have resulted in flooded drain fields and structural damage of other homes. The project needs a level 3 stormwater system. It is unclear who will have responsibility over the drainage facilities. There needs to be certainty that new problems will not be created by the project. In regard to landscaping, the tree retention standard is not defined so it is unclear what will happen with the project. The city arborist is supposed to do a report on the project. Trees are part of the character of Renton and its development. To lose 300 significant trees is an enormous change, and the city needs to know how they will be replaced. The trees need to be protected from 17 accidental removal by homeowners. This can be done via adequate siguage in the area. In regard to the landscaping around the detention pond, the design standard say setbacks should not be reduced for newly planned developments to facilitate increased density. These standards cannot be ignored by city planning staff. The city has failed to provide the arborist report, the tree retention plan, the landscaping 19 plan, the drainage agreement with the HOA, or the tree protection agreement for review. These are required, but the city has not required them or made them available to the public. A lighting plan also should be provided. In regard to transportation, route 11 is slated to be cut and this will have an impact on the neighborhood, on where people park, etc. She stated that they would like. to have these things mitigated. She submitted her comments as Exhibit 13. 18 20 21 22 23 24 25 Ronda Bryant testified that she has lived in the area for 25 years. In the next couple of years, there will be 204 houses impacting the 156th and 142nd main intersection. She is concerned that no impact analysis has been done on the next intersection down and she believes it is important in this particular instance. If 156th is considered a secondary bypass for 1405 then this next intersection is also a bypass route. A traffic light will be going in and because people will not want to sit for this light in the morning, thus they will make a left onto that street to bypass this light. She estimated that over 2000 26 trips a day on these streed with these projects that will appear in the next two years. She also noted that PRELIMINARY PLAT -8 l 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 not only the Renton but the Issaquah school buses go through that intersection. There will be issues with bus stops and crossvvalks. The route will change in September and may add a number of bus stops. People that come to catch the bus there are going to try to park somewhere. These are problems that she believes have existed for years and additional houses will cause problems for Enclave. With regard to the landscape plan, she is concerned with the proposed use of Heavenly Bamboo. In googling information on bamboo, she found that bamboo is not only invasive but toxic to birds. Bamboo should be taken from the plan. Staff Rebuttal Ms. Ding noted that the city arborist has done an inspection which is located in Exhibit 33 of the staff report. This report concurred with the applicant's arborist report. With regard to the landscaping around the storm water pond, the 15ft requirement is not actually in code; it was administrntive interpretation. This allows the city to reduce that requirement to 1 Oft. In regard to the number of reports not yet completed, staff noted that there are a list of reports located in the staff report. Some reports are required and others are not typically received until later in the process. The required reports are available. Heavenly Bamboo is not found on the invasive plants list. The city would not object to removing it from the list provided there was similar shrub available. With regard to questions about level 3 dov.nstream stormwater, it is not recommended as a condition but is in the standard for code. To clarify questions regarding traffic impact, the cities concurrency policy is a city-wide analysis. Exhibit 2, attachment 26 from the staff report is a concurrency analysis. When a citywide policy is met, the project is seen as concurrent. Staff stated that they \Viii talk to the public works department and determine where the traffic thresholds and standards come from. Applicant Rebuttal Maher Joudi testified that, with regard to Ms. Forsell's comment about her property on 142nd, the applicant is providing a new sewer main across 142nd dov.n to 140th. The applicant believes that the project should provide for existing public needs. Regarding the cumulative development questions, Mr. Carson noted that the Growth Management Act requires that they adopt transportation standards. Renton has adopted transportation concurrency requirements. The city has chosen to look at them on a citywide basis and collect traffic impact fees on a ci~idc basis. This means that a project in one area of the city contributes to the city as a whole and this is why it is citywide. The project passed the transportation analysis not just through legislative analysis but through their concurrence currency analysis. With regard to SEPA, it evaluates knov.n reasonable development under statute and regulations. The 2 percent growth has complied with SEPA regulations. It showed that it would not create significant traffic impacts on a cumulative basis. This SEPA decision was appealed by Mr. Paulson. Mr. Carson believes that they have answered this during the SEP A appeal process because this signal will actually improve instead of create adverse impacts. With regard to plot conditions, Mr. Carson stated that the project contributes to improvements in road conditions. They have satisfied the code. He noted that the city went beyond its policy even though they were not required to analyze anything beyond 5 percent. Staff Response i PRELIWNARY PLAT -9 ' I 2 3 In response to the Hearing Examiner's questions regarding the basis for standards and policies, Ms. Nair noted that for peak hour times, the city refer Lo the national standards developed by the institute of transportation engineers, and that this is a standard reference document for this determination. With regard to the growth rate, traditionally this information is provided by the 4 transportation planning section. Regarding the site distance concern noted in Ms. High's 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 documentation, she noted that the staff walked the street and used this site visit along with analysis to make their conclusions. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Procedural: EXHIBITS Notice of Appeal w/ attachments a-h Staff Report w/ attachments 1-33 CV of Vincent Geglia TraffEx Traffic Study Addendum dated June 20, 2014 Renton Traffic Counts from June, 2014 City of Renton 2014-2019 6-year Transportation Improvement Plan, Project Number 25 Tom Carpenter comments Paulson Comment Letter Petition submitted by Mr. Paulson City of Renton Six Year Transportation Improvement Plan Paulson second request for reconsideration City's denial of Paulson's second request for reconsideration Gwendolyn High Comment Packet Map provided by Ronda Bryant Utility Map 6/26/14 email from Roger Paulson to Jill Ding 6/27 /14 email from Brent Carson with attachments responding to public comment 6/2 7 /14 email to Examiner responding to P au] son comments 4:13 pm 6/27/14 email to Examiner from Jill Ding 7/1/14 email to Jill Ding from Roger Paulson FINDINGS OF FACT 22 1. Applicant. PNW Holdings, LLC. 23 24 25 26 2. Hearing. A consolidated hearing on the preliminary plat application and SEPA appeal was held on June 24, 2014 in the City ofRenton Council City Chambers. The SEPA appellant, Mr. Paulsen, was given until June 27, 2014 to provide written comment to traffic reports submitted by the applicant during the hearing. The applicant was given until July 1, 2014 to respond and the appellant July 2, I 04 PRELIMINARY PLAT -10 2 3 4 5 6 7 8 9 10 11 12 13 to reply. The record was also left open through June 27, 2014 for the applicant to provide comment on Exhibits 8, 13 and 14. 3. Project Description. The applicant requests preliminary plat approval for the subdivision of8.8 acres into 31 single-family residential lots on the east side of 156th Avenue SE between SE 139th Place and SE 143'd Street. An appeal of a mitigated determination of nonsignificance ("MDNS") issued under the Washington State Environmental Policy Act ("SEPA") was consolidated with the review of the preliminary plat. The proposed Jots would range in size from 8,050 square feet to 12,566 square feet. Access to all lots would be provided along a new looped public road (Road A and Road B) off of 156th Avenue SE. A dead end access is also provided, terminating in a temporary cul-de-sac at the south property line. It is anticipated the dead end access would extend onto the adjacent property to the south at a later date, under a future application for development. The preliminary plat also includes a stormwater tract and an open space tract. The proposal would result in a density of 4.45 dwelling units per acre. The site generally slopes to the southwest with an elevation change of20 feet. A geotechnical report for the site was submitted containing information on the surface conditions, subsurface conditions and groundwater. The site is currently occupied by a single family residence, a detached garage, and associated gravel driveways. The existing residence and the detached garage are proposed to be demolished as a part of the proposed subdivision. 14 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate 15 16 17 18 19 20 21 22 23 24 25 26 infrastructure and public services. Preliminary adequacy of all infrastructure has been reviewed by the City's Public Works Department and found to be sufficient. Specific infrastructure/services are addressed as follows: A. Water and Sewer Service. Water service will be provided by Water District #90. A water availability certificate was submitted to the City. Sewer service will be provided by the City of Renton. There is an 8-inch sewer main in 156th Avenue SE. B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. Fire impact fees are applicable at the rate of$479.28 per single family unit. This fee is paid at time of building permit issuance. C. Drainage. The proposal provides for adequate stormwater drainage facilities. A drainage plan (Exhibit 5) and drainage report (Exhibit 13) bas been submitted with the application. The report addresses compliance with 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. The Engineer proposes to develop PRELIMINARY PLAT -11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 an on-site storm detention/water quality pond located in proposed Tract A. City public work staff have found the drainage plan to comply with City standards and final engineering plats will be submitted for City review and approval as part of final plat review. The site is located within the Lower Cedar River Basin and has a discharge to areas maintained by King County. King County has been provided a copy of these plans and reports that the project could impact King County's Orting Hills Creek and service area. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Condition. The project is subject to basic water quality treatment and Level 2 flow control, which could be elevated to Level 3 depending on downstream conditions. A level 2 flow control facility is typically sized to match the pre-developed rates for the forested condition extending from 50% of the 2 year up to the 50 year flow. The engineer has designed a combined detention and wet pond to be located at the southwest comer of the site. Access and maintenance to the proposed combined water quality and retention facility will be required per the 2009 King County SWDM and the City of Renton Amendments to the KCSWDM. A level 3 downstream analysis will be required for the project. Appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. The final drainage plan and drainage report must be submitted with the utility construction permit application. Secondary review may be required for the pond with both structural engineer and geotech engineer, and lining may also be required. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-4 district. The impact fees provide for adequate parks and open space. E. Streets. Congestion was a source of major concern of persons who attended the hearing. It is very clear that many people who live in the area find the streets too congested. However, what constitutes an acceptable level of congestion is governed City Council adopted LOS standards. For purposes of congestion analysis, the threshold for what serves as "adequate" traffic infrastructure for preliminary plat review and as an adverse impact for environmental (SEPA) review is the LOS standard. Without an LOS standard, attempting to determine tolerable congestion would be a highly arbitrary and subjective analysis that would not be legally defensible. In addition, use of the LOS to regulate congestion represents a finely tuned balancing of the City's state mandate responsibility to accommodate growth; available public monies for infrastructure improvements; and due deference to constitutional 111andates that developers only pay their fair share of infrastructure improvements. Imposing PRELIMINARY PLAT-12 I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a higher standard than that set by LOS would likely run afoul of one if not all of these factors. For these reasons, using LOS to serve as the measuring rod for acceptable congestion levels makes sense from both City transportation funding basis as well as a specific project review basis. Unfortunately, as testified by Tom Carpenter, Renton uses a very unique LOS measuring system that makes it very difficult to assess localized congestion impacts. In order to appreciate the challenges of Renton' s system, some background on state LOS requirements and how it more typically works is necessary. LOS standards for transportation facilities are required by the Growth Management Act, Chapter 36. 70A ("GMA"). The G'\1A requires cities and counties to adopt LOS standards for transportation facilities along with ordinances that" ... prohibit development approval if the development causes the level of service on a locally owned transportation .facility to decline below the standards adopted in the transportation element of the transportation plan, ... " See RCW 36.70A.070(6)(b)(the ordinances are referred to as "concurrency ordinances"). In furtherance of this requirement, most cities and counties adopt LOS for specific arterial intersections and/or road segments with ratings based upon an ABCDEF scale, similar to school grades, where A is a well-functioning intersection or road segment and F is a railing intersection or road segment. An LOS of C or D is often adopted as minimum LOS for city or county intersections. If a proposed development is projected to decrease the LOS of an intersection below the adopted C or D, the developer basically has three choices: (I) make traffic improvements that prevent violation of the LOS; (2) redesign the project to reduce traffic generation so LOS is not violated; or (3) face denial of the permit application. The type of site specific concurrency analysis outlined in the preceding paragraph allows for a very localized assessment of congestion impacts. For example, in a city that adopts an LOS of C for its intersections, no development can be approved anywhere in that city that would lower the LOS of an arterial intersection from an LOS of A, B or C to and LOS of D, E or F. The City Council, based upon available financial resources and local land use patterns, adopts an acceptable level of congestion (the LOS standard), and this standard is then imposed via a site specific analysis on every nonexempt project through the concurrency ordinance quoted in the preceding paragraph. Renton's LOS standards don't allow for this localized assessment of congestion. There is no A, B or C grade assigned to intersections or road segments. Instead, Renton has developed a city-wide LOS "index" value, based upon the total number of miles one single-occupant vehicle, one high occupant vehicle and one transit vehicle can travel in 30 minutes. See PRELI~INAR Y PLAT -13 1 2 3 4 5 6 7 8 9 10 11 l2 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 Renton Comprehensive Plan, Transportation Element, p. XI-26. The Renton LOS index standard is 42, i.e. the combined mileage of a single-occupant, high occupant and transit vehicle must be 42 miles for a half hour of travel time. It's unclear how the mileage for the LOS index is determined from the comprehensive plan, but it appears that this standard imposes virtually no limit on how bad congestion could get in one part of the City, so long as travel times in the City's transportation system overall meet the 42 index value. The City-wide focus of the LOS "index" system makes it. a more questionable measuring tool for congestion levels than the more typical "A, B, C" system used in most other jurisdictions. However, in the absence of any other comparable objective measuring device it is still the most compelling standard to use. Given the widespread usage of the "A, B, C" LOS system, it's fairly clear that the City Council made a very conscious and deliberate choice to focus on overall transportation system performance even though this may mean that specific portions of the City could suffer exceedingly severe congestion. Although the City Council focus in the adoption of its LOS system may have been on its transportation funding and planning priorities, those same issues directly affect project level review. In the absence of City planning or funding directives to lower severe congestion in a particular area, in many if not most cases it will not be possible to impose a stricter congestion standard for individual development because either (A) no development will be alloi,,,"ed to occur, creating a de facto unconstitutional development moratorium, or (B) the developer would be required to pay for more than its fair share of traffic mitigation, which is also unconstitutional. The long discussion above leads to the conclusion that compliance with the City's concurrency system, even if it is a city-wide system, establishes an acceptable level of congestion. City staff have conducted a concurrency analysis and have concluded that the proposal will not violate the City's transportation LOS. See Ex. 26. No one has disputed this concurrency determination and there is no evidence in the record to contradict it. Consequently, the findings of City staff must be taken as a verity. The proposal meets City concurrency, therefore the City's road system is adequate to handle the traffic generated by the proposal and any additional congestion caused by the proposal would not be considered a significant adverse environmental impact. It should be noted that even if Renton had adopted the more traditional "A, B, C" concurrency system, concurrency would still not be violated by the proposal in most jurisdictions. As quoted previously, the GMA only requires denial of a proposal if it causes " ... the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element ... " This language is taken very literally by most jurisdictions -! if an intersection is already operating below adopted standards, the PRELI.MINAR Y PLAT -14 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 provision doesn't apply. It only applies if a proposed development will cause an intersection or road section that currently meets LOS standards to fail them. If the adopted LOS standard is D and an intersection currently operates at the LOS E, there can be no violation of concurrency because the intersection already fails to meet minimum LOS. The applicant's traffic report applies an "A, B, C" LOS system using professionally recognized standards1 to affected intersections and finds that the proposal doesn't lower LOS to any of the intersections. Sec Ex. 12 of staff report, Ex. 2. All LOS levels stay the same. Although the City's LOS serves as the primary measure for assessing congestion impacts at project level review, there is still some room left to require proportionate share mitigation of developers. As demom,irated in the applicant's traffic study, LOS "A, B, C" ,iandards can be based upon professionally recognized levels of congestion that can be applied in an objective and uniform manner. It's for this reason that staff was able to require the applicant to pay for proportionate share mitigation of the 156th Ave. SE/SE 14200 Street intersection. However, it needs to be recognized that the ability to rely upon these proportionate share contributions is very limited because state law requires that mitigation funds be expended within five years of receipt. Sec RCW 82.02.020. This means that if the remaining balancing of improvement costs cannot be recovered from other developers or city coffers within six years the mitigation money must be returned to the developer. In calculating projected impacts to affected intersections, the applicants used a 3% yearly rate in traffic growth. This was disputed by some project opponents, who presented a list of numerous projects in Ex. 13 and 14 that would add traffic to the roads of the vicinity. The applicant's traffic engineer prepared a report establishing that the 3% growth factor was more than twice the amount necessary to accommodate traffic from the projects identified in Ex. 13 and 14. See Ex. 17. Further, City policies dictate the use of a 2% growth factor, which is based upon historical increases within the City. See Ex. 19. Issues were also raised about site distance and intersection spacing, which were adequately addressed by the applicant's traffic engineer in Ex. I 7 and the fact that site distance was also reviewed and approved by the City engineering department. Project opponents presented no expert testimony on any of these issues, so the expert testimony provided by the applicant's expert and verified by City experts is found more compelling. One of the SEPA issues raised by Mr. Paulson was that an intersection improvement required as mitigation for the project area, the signalization of the 1561h Ave. SE/SE 142nd Street intersection, would cause queuing conflicts with the access points of the subdivision. Mr. Paulson provided no engineering analysis or any other evidence to support this position. 1 The applicant's engineers used the Transportation Research Board High\"Vay Capacity Manual to calculate Los. PRELIMINARY PLAT-15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 The applicant prepared a traffic report addendum, Ex. 4, establishing by engineering calculations that queues created by the intersection would not back up to the point of the proposed plat access points. The applicant's traffic study addendum was subject to review by the City's engineering department and they voiced no objections to its methodology or conclusion. Given the absence of any expert opinion to the contrary, the addendum's conclusions are taken as verities and it is detennined that the intersection will not create any queuing conflicts with the access points to the intersection. F. Parking. Sufficient area exists, on each lot, to acconunodate required off street parking for a minimum of two vehicles per dwelling unit as required by City code. G. Schools. It is anticipated that the Renton School District can accommodate any additional students generated hy this proposal at the following schools: Maplewood Elementary, McKnight Middle School and Hazen High School. Any new students from the proposed development would be bussed to their schools. The stop is located approximately .06 mile from the project site at 156th Avenue SE & SE 5th Place. The proposed project includes the installation of frontage improvements along the l 56'h Avenue SE frontage, including sidewalks. Students would walk a short distance along 156th Avenue SE north of the project site along the road shoulder to the bus stop. However, there appears to be adequate area along the road shoulder to provide for safe walking conditions (Exhibit 25). In addition, the City is requiring right-of-way dedicated along the frontage of parcel 1423059057 (which is being removed from the project site via lot line adjustment) to allow for the future installation of frontage improvements which would be required upon the receipt of a future subdivision application. The bus is traveling south students would be required to cross 156th Avenue SE at SE 5th Place via the existing crosswalk. The driver stops traffic to allow the students to cross 156th Avenue SE and board the bus. There were some public concerns raised about the safety of this road crossing, so the conditions of approval require further staff investigation and mitigation as necessary. A School Impact Fee, based on new single-family lot, will be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $6,392.00 per single family residence. 5. Adverse Impacts. There are no adverse impacts associated with the proposal. Adequate public facilities and drainage control are provided as determined in Finding of Fact No. 4. There are no critical areas on site. The proposal is surrounded by single family development so compatibility ofuse is not an issue. PRELIMINARY PLAT -16 I 2 3 4 5 6 7 There were concerns raised by about tree preservation. RMC 4-4-BOH requires thirty percent of the trees shall be retained in a residential development. When the required number of protected trees cannot be retained, new trees, with a two-inch (2") caliper or greater, must be planted. The replacement rate is twelve (12) caliper inches of new trees to replace each protected tree removed. The site is currently vegetated with a total of 303 significant trees, lawn, and landscaping associated with the existing single family residence. Of the existing 303 significant trees 57 have been determined to be dead, diseased and/or dangerous per the applicant's Arborist Report (Staff Report Exhibit 15), and 46 would be located in the proposed roadway resulting in a total of200 trees that have been identified as protected trees. Of the 200 protected trees 30 percent or 60 trees are required to be retained and/or replaced on the project site. The applicant proposes to retain 35 trees and install 150 2-inch caliper replacement trees, which complies with the City ofRenton's Tree Retention requirements. 8 No other significant impacts are reasonably anticipated from the evidence contained within the administrative record. 9 6. SEPA Appeal. A mitigated determination of nonsignificance ("l'vIDNS") was issued for the l O proposal on March 31, 2014. Roger Paulson filed a request for reconsideration with the City on April 16, 2014. Ex. 29. This request was denied by the City on May 19, 2014. Ex. 30. However, as a result of the request for reconsideration, the City required the applicant to pay its proportionate share of a signal for the 156th Ave. SE/SE 142nd Street intersection. Mr. Paulson then filed the subject SEPA appeal on May 19, 2014. Ex. I. The appeal raised two issues: (1) the notice for the comment period on the SEPA MDNS was confusing, since it could be read as authorizing comment on the l\1DNS at the permit hearing; and (2) the SEPA review was inadequate because it didn't include the impacts of the 156th Ave. SE/SE 14 2nd Street intersection improvements. Mr. Paulson argued that back-ups caused by the intersection could cause queuing conflicts with the access points lo the preliminary plat. In response the applicant prepared an addendum to its traffic analysis that demonstrated that back-ups 11 12 13 14 15 16 caused by the intersection would not extend to the preliminary plat access points. 17 18 Conclusions of Law 19 1. Authority. RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold a 20 21 hearing and issue a final decision on preliminary plat applications. RMC 4-9-070 grants the Examiner authority to review and make final decisions on SEP A appeals. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 4 dwelling 22 units per net acre (R-4). The comprehensive plan map land use designation is Residential Low Density (RLD). 23 24 25 26 SEPAAPPEAL 3. SEPA Review Criteria. There are only two reasons to overturn an MDNS: (]) there are unmitigated probable significant adverse environmental impacts; or (2) the SEPA responsible official has PRELIMNAR Y PLAT -17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 not undertaken an adequate review of enviromnental factors as required by SEPA regulations. Each grounds for reversal will be separately addressed below. A. Probable Significant Adverse Enviromnental Impacts. The primary relevant inquiry for purposes of assessing whether County staff correctly issued an MDNS is whether the project as proposed has a probable significant enviromnental impact. See WAC 197-11- 330(1 )(b ). If such impacts are created, conditions will have to be added to the MDNS to reduce impacts so there are no probable significant adverse enviromnental impacts. In the alternative, an EIS would be required for the project. In assessing the validity of a threshold determination, the determination made by the City's SEPA responsible official shall be entitled to substantial weight. WAC 197-11-6 (3)(a)(viii). B. Adequate Enviromnental Review The second reason an MDNS can be overturned is if the SEPA responsible official did not adequately review environmental impacts in reaching his threshold determination. The SEPA responsible official must make a prima fucie showing that he has based his determination upon information reasonably sufficient to evaluate the impacts of a proposal. An agency's threshold determination is entitled to judicial deference, but the agency must make a showing that "environmental factors were considered in a manner sufficient to make a prima facie showing with the procedural requirements of SEPA." Chuckanut Conservancy v. Washington State Dept. of Natural Resources, 156 Wn. App. 274, 286-287, quoting Juanita Bay Valley Community Ass 'n v. City of Kirkland, 9 Wn. App. 59, 73 (1973). In applying this adequacy standard, on several occasions the courts have examined how thoroughly the responsible official reviewed environmental impacts in addition to assessing whether a proposal has probable significant adverse environmental impacts. See, e.g., Boehm v. City of Vancouver, 111 Wn. App. 711 (2002), Moss v. City of Bellingham, 109 Wn. App. 6 (2001). In Moss, for example, the court recited the prima facie rule and then applied it as follows: The record indicates that the project received a great deal of review. The environmental checklist was apparently deemed insufficient, and therefore the SEPA official asked for additional information in the form of an EA. The City gathered extensive comments from agencies and the public, held numerous public meetings, and imposed additional mitigation measures on the project before finally approving it. Notably, although appellants complain generally that the impacts were not adequately analyzed, they have failed to cite any facts or evidence in the record demons/rating that the project as mitigated will cause significant environmental impacts warranting an EIS. 109 Wn. App. at 23;-24. PRELIMINARYPLAT-18 l 2 3 4 5 6 7 WAC 197-1!-335 provides that a threshold determination shall be "be based upon information reasonably sufficient to evaluate the environmental impact of a proposal". See, also, Spokane County v. Eastern Washington Growth Management Hearings Board, l 76 Wn. App. 555 (2013). The standard ofreview on adequacy, therefore, is that the SEPA responsible official must make a prima facic showing that the detennination is based upon information reasonably sufficient to evaluate the impacts of a proposal. 4. MDNS Notice. As outlined in Finding of Fact Ko. 6, one of the two SEPA appeal issues is that the notice for the comment period on the MDNS is confusing. The notice is arguably confusing, but Mr. Paulson does not have standing to raise the issue because he was not aggrieved by the notice. Mr. Paulson in fact submitted comments on the MDNS prior to the comment expiration period and makes no 8 assertion that the notice language prevented him from making any additional comments. 9 The notice at issue is integrated into the Notice of Application and Proposed Determination of Non- lO Significance-Mitigated, att. H to Ex. I. The first page of the Notice provides that "[c}omment periods for the project and proposed DNS-M are integrated into a single comment period." The second page 11 12 13 14 15 16 of the Notice provides that '_'Comments on the above application must be submitted in writing .... by 5:00 pm on ,\larch 24, 2014 .... (f comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments ... " Mr. Paulson asserts that since the comment period on the MDNS was integrated with the comment period on the application, a person would reasonably conclude that they could comment at the hearing on the application given the quoted language above. The Notice is arguably confusing in this regard. However, the sentence allowing for comment at the hearing refers to "comments on the above application", not the MDNS. Further, the first page of the Notice also notes that "[t]here will be no comment period 17 following the issuance ofthe Threshold Determination of Non-Significance-Mitigated (DNS-M)." At 18 19 20 21 22 23 24 the very least, this latter sentence should prompt a citizen intent on commenting on the MDNS to seek clarification on when the MDNS comment period expires. The language on the MDNS comment period could use some clarification, but whether it merits a new threshold determination cannot be addressed in this decision. Mr. Paulson does not have standing to pursue his notice issue. As required in RMC 4-8-l 10(E)(3), one of the requirements for standing on an appeal issue is that the appellant must have suffered some injury in fact due to issuance of the decision under appeal. Mr. Paulson does not allege that he was denied an opportunity to comment on the MDNS because he was lead to believe he could make his comments at the public hearing on the preliminary plat. In point of fact Mr. Paulson submitted numerous comments on the MDNS on March 22, 2014, prior to the issuance of the MDNS on March 31, 2014. See Ex. A to Ex. 1. 25 5. Intersection Mitigation. As provided in more detail in Finding of Fact No. 6, Mr. Paulson asserts 26 that the impacts of intersection improvements required of the developer were not adequately assessed in the SEPA review dnd also that the queues caused by these improvements would interfere with the access PRELIMINARY PLAT-19 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 points to the proposed preliminary plat. It is concluded that the SEPA review was adequate and that the intersection improvements will not create any probable significant adverse environmental impacts. On the adequacy issue, as concluded in Conclusion of Law No. 3(B), the standard is that the SEPA responsible official only has to make a prima facie showing that he has based his determination upon information reasonably sufficient to evaluate the impacts of a proposal. The standard has been applied in numerous SEPA appeal court opinions, and until the recently issued Spokane County case, supra, no court has ever found the level of review to be Jacking. The Spokane County case dealt with site specific comprehensive plan land use amendment along with an associated rezone. The environmental checklist contained no information on any environmental impacts of the proposed legislative amendments, even though the record was clear as to future development plans for the site and the site was located in a critical aquifer area with high susceptibility to contamination. In this case the City clearly made a prima fade showing that it adequately reviewed traffic impacts prior to issuance of the MONS. A traffic report, Staff Report Ex. 12, was prepared analyzing impacts to several intersections. The traffic report assessed LOS impacts to several intersections, even though the number of trips generated for those intersections was not sufficient to trigger an LOS analysis under City policies. The report and street circulation issues were reviewed by the City's engineering department. The advisory notes to the MONS, Ex. 18, identify six transportation issues that were assessed by City engineering staff. All of this traffic review conducted by the City easily establishes that the City made a "prima facie" showing that it had sufficient information to reasonably evaluate the traffic impacts of the proposal. It should be understood that the adequacy of review is to be distinguished from whether a proposal will create probable significant adverse impacts. The adequacy of review just addresses the overall due diligence in how review was conducted (hence the requirement that the City only make a "prima fade" showing of compliance). When dealing with adequacy of review, the City does not have to establish that it reviewed every issue that could conceivably lead to significant adverse impacts, only that information considered was "reasonably sufficient'' to evaluate environmental impacts. Of course, if a single issue is significant and will clearly cause adverse impacts, the failure to consider it could undermine a showing of prima facie compliance. The intersection improvements do not rise to that level. As borne out by the subsequently traffic addendum, Ex. 4, prepared after issuance of the MONS, the intersection improvements in fact did not create any adverse impacts and Mr. Paulson presented no evidence to the contrary. During preparation of the MONS it was reasonable for the SEPA responsible official to conclude that the impacts of the intersection improvements did not merit further environmental review. On the second issue of whether the intersection will create probable significant adverse environmental impacts, the record is clear that the intersection will not create any significant adverse impacts. This finding can be made even without the substantial weight required due to the determinations of the SEPA responsible official. The traffic report addendum, Ex. 4, provides an engineering analysis prepared by a PRELIMINARY PLAT-20 I 2 3 4 5 6 7 8 9 10 1 I 12 13 14 15 16 17 18 19 20 21 22 23 qualified traffic expert establishing that queues caused by signalization of the 1561 h Ave. SE/SE 14200 Street intersection will not interfere "'ith the access points to the proposed subdivision. Mr. Paulson provided no evidence to the contrary. PRELIMINARY PLAT 6. Review Criteria. Chapter 4-7 RMC governs the criteria for preliminary review. Applicable standards are quoted below in italics and applied through corresponding conclusions oflaw. RMC 4-7-0SO(B): A subdivision shall be consistent with the following principles of acceptability: I. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: F:stablish access to a public roadji,r each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 7. As to compliance with the Zoning Code, Finding I(2) of the staff report is adopted by reference as if set forth in full, with all recommended conditions of approval adopted by this decision as well. As depicted in the plat map, Staff Report Ex. 3, each proposed lot will directly access a public Road, Road A. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. RMC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards ... 8. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Finding I(]) of the staff report, which is incorporated by this reference as if set forth in full. RMC 4. 7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according lo City specifications) to an existing street or highway. 24 9. As shown in Staff Report Ex. 3, the internal road system connects to I 56 Ave SE, a public road. 25 26 RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. PRELIMINARY PI.AT· 21 I 2 3 4 I 0. The City's adopted street plans are not addressed in the staff report or anywhere else in the administrative record. However, the only other street connection possible for the proposal would be to an extension of SE 8th Street, which is accommodated by a stub road. Consequently, the criterion above is construed as satisfied by the proposal. RMC 4-7-120(C): lf a subdivision is located in the area of an officially designed [sic] trail, 5 provisions shall be made for reservation of the right-of-way or for easements to the Cityfor trail 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 purposes. 11. There is nothing in the record to reasonably suggest the proximity of any official designated trail. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: I. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050Jl a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. PRELIMINARY PLAT -22 2 3 4 5 6 b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 7 12. The land is suitable for a subdivision as the stonnwater design assures that it will not contribute 8 9 to flooding and there are no critical areas at the project site. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- IO family residential zones as defined in the Zoning Code shall be contingent upon the subdivider 's 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 13. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-7-lSO(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 14. As shown in StalTReport Ex. 3, the internal road connection to 156 Ave. S. is currently the only road connection possible for the project. RMC 4-7-lSO(B): All proposed street names shall be approved by the City. 15. As conditioned. RMC 4-7-lSO(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 16. The proposed connection to 156 Ave. S. is the only connection possible for the project. R.'1C 4-7-150(0): The alignment of all streets shat/ be reviewed and approved by the Public Works 26 Department. The street standards set by RMC 4-6-060 shat/ apply unless otherwise approved. Street PRELIMINARY PLAT -23 1 2 3 4 5 alignment offsets of less than one hundred twenty five feet (125 ') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 17. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance wi1h applicable street standards. RMC 4-7-lSO(E): 6 I. Grid: A grid street pattern shall be used to connect existing and new development and shall be the 7 predominant street pattern in any subdivision permitted by this Section. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-Mand Policies CD-50 and CD-60. 3. Exceptions: a. The grid pattern may be adjusted to a ''flexible grid" by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior lo adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allowfuture connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible ... 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 23 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due 24 to demonstrable physical constraints no future connection to a larger street pattern is physically possible. 25 26 18. As shown in Staff Report Ex. 3, no grid pattern is possible for 1he proposal. Alley ac,;ess is not required since the proposal is In a Residential Low Density land use designation. The internal roads are PRELIMINARY PLAT -24 2 3 4 5 looped as encouraged by the criterion above. No cul de sacs are proposed and a stub road is proposed as encouraged by the criterion above. The criterion is met. R.'1:C 4-7-150(F): All adjacent rights-o.fway and new rights-o.fway dedicated as part of the plat. including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 6 19. As proposed. 7 8 9 RMC 4-7-150(G): Streets that may be extended in the event offature adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a fall-width boundary street shall be required in certain instances to facilitate fature development. 10 20. As conditioned. As shown in Ex. 3 to the Staff Report, the stub road extension extends for a 11 12 13 14 15 16 depth greater than an average lot so a temporary turnaround is required. RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 21. As depicted in Staff Report Ex. 3, the side lines are in conformance with the requirement quoted above. RM C 4-7-l 70(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. As previously determined, each lot has access to a public street. 17 22. 18 RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the 19 20 provisions of this Chapter must be consistent with the then-current applicable maximum density 21 requirement as measured within the plat as a whole. 22 23. As previously determined, the proposed lots comply with the zoning standards of the R-4 zone, 23 24 25 26 which includes area, width and density. RMC 4-7-170(0): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-o.fway line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (I) pipes/em lots, which shall have a minimum width of PRELIMINARY PLAT -25 1 2 3 twenty feet (20~ and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35;. 24. As shown in Staff Report Ex. 3, the requirement is satisfied. 4 RMC 4-7-l 70(E): All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius offifteenfeet (15;. 5 25. As conditioned. 6 7 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby 8 adding attractiveness and value to the properly. 9 25. Trees will be retained as required by City code as determined in Finding of Fact No. 5. There 10 11 12 13 14 15 are no other natural features that need preservation as contemplated in the criterion quoted above. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8; into each lot if sanitary sewer mains are available, or provided with the subdivision development. 26. As conditioned. 16 RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of 17 18 19 20 21 22 23 24 25 26 sufficient length to permit fall-width roadway and required slopes. The drainage system shall be designed per the requirements ofRMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 27. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of f1re hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. PRELIMINARY PLAT -26 1 2 3 4 5 6 7 8 9 10 11 12 28. Compliance with City water system design standards is assured during final plat review. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior lo the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 29. As conditioned. Rl\1C 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid lo each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped The cable TV company shall provide maps and specifications to 13 the subdivider and shall inspect the conduit and certify to the City that it is properly installed. As conditioned. 14 30. 15 RMC 4-7-210: 16 17 18 19 20 21 22 23 24 25 26 A. MONUMElVTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY· All other lot corners shall be marked per the City surveying standards. C STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 31. As conditioned. PRELL\1INAR Y PLAT -27 1 2 3 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . ' DECISION The proposed preliminary plat as depicted in Staff Report Ex. 3 and described in this decision is consistent with all applicable review criteria as outlined above, subject to the following conditions: { 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non-Significance for the proposal. i/2. All proposed street names shall be approved by the City. V3. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). ¥4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. v5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service cxmnections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. VG. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. V7. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. "11. City staff shall investigate whether the proposed 156th Ave crossing for school children is safe in terms of lighting and stopping distance. Staff shall require further mitigation as necessary to ensure safe walking conditions for children walking to the school bus. i I PRELThm-JAR Y PLAT -28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /9. ./10. v'i I. "'12. v{3_ -14. ,/15. -16. -'18. li9. 20. The proposed stub road shall include a temporary tum around as required by RMC 4-7- 150(G) if this is not already proposed. The applicant shall comply with the mitigation measures issued as part of the revised Determination of Non-Significance Mitigated, dated May 19, 2014. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residence and detached garage prior to Final Plat recording. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including a 10-foot landscaped visual barrier around the perimeter of the storm drainage tract (Tract A). The landscaped visual barrier around the perimeter of Tract A shall be installed prior to recording of the final plat. Street frontage landscaping shall be installed prior to Certificate of Occupancy for the new single family residences. An easement for tree protection shall be recorded along the east property line to protect the trees available for retention (as determined by the City of Renton Arborist). The easement should be of sufficient width to adequately protect the trees identified for protection, however staff recommends that the easement width be permitted to vary based on the width of the stand of trees proposed to be retained. Such easement shall be identified on the face of the Final Plat. A final tree retention plan shall be submitted with the construction permit application identifying all the trees to be retained, as detennined by the City Arborist. A street lighting plan shall be snbmitted at the time of construction permit review for review and approval by the City's Plan Reviewer. The plat map shall be revised to show Tract B as dedicated right-of-way. The revised plat map shall be submitted to the Current Planning Project Manager prior to recording of the final plat. Secondary review may be required for the pond with both structural engineer and geotech engineer, and lining may also be required. Site grading shall be limited to the summer months. If the grading is to take place during the welter winter or spring month, a contingency shall be provided in the project budget to allow for export of native soil and import of structural fill. The applicant shall be required to create a homeowner' s association of maintenance agreement for the shared utilities, stormwater facilities, and maintenance and PRELIMINARY PLAT-19 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21. responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for the review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Bamboo may not be used for any landscaping required of the proposal. DATED this 18th day of July, 2014. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (l 4) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l !O(E)(8) and RMC 4-8-IOO(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7'h floor, (425) 430-6510. Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT -30 m >< ::c .... m :I w LUA16 000280 LNC 10 Cl:511 I I I I I I I I \ J5 .\: 11 at-Jo.Dr I I PRIVAi-r rnrn, ... ONU~lNT (s1,n SE[ NOTE 16 Sl<T ; I I I I I :; ·. i illl ~I " :Ii 1000· 25~.46' PARCEL A C TY Of' RENTC,,, "~ tiO LUA1 4-000250, AlC. NO. 20140604900004 THE ENCLAVE AT BRIDLE RIDGE A POR!ION OF THE SW. 1/4 OF THF SE 1/4 SFCTION 14. TOWNSIIIP 23 NORTH, RANGE 5 EAST, W.Vi. CITY OF RENTON, KING COU\JTY, WASIIINGrCN WLUA,l'S SUNN• 'i_QPES vrn 7J, pr; 7J RECORDING NO. VOL/PG SHEET 4 OF LOI ' klNG COUNTY SHORT PLAT NO 48!066, REC NO s,ng,oosoJ fOIJNO TYP FENCE CORNER IS ,·t:Net CCRNcR, IS r oJ'N 0'1/.. on, OF~ o,·~ X05W '0UN01-l/2"1RD1, N. llNf NW 1/• •E:NCE •S O 1 ~-OF PAQP CORNEA / PIP[ O. 1 ·s. OF PROP SW 1/4. Sl 1/4 SEC H-n-s cmrn[R ,en, ''J"w 3!.11.M' s·cv s·ccr j 7o_ooj n,o, 1000· 9s_so· .J20 s·wF u -- flNCl IS ass 0, f"ENC[ 15 ~ROP CCll<NrR I ,·s OF lj'_ ' 6190± SF (@) g i1~ ' B19D± sr c§ I 'I" "' ~ :'. :' 3 B9B<!± SF ~ ' 125Mt SF @0 f"ENCE 1S 07'W OFlj'_ ~,~ i ' b ,o· UlJ"1T•1 ESl,<'T (TYi') r ----~- ,~ "5]w (~'~"!'h~oo~,::,,:·----:;--.!!!!!,~"!.._...a,~s•a•:__·~-=::~~~~;:_//"-~--~-t,:), . .,. ,M,o•,o • ' > o, ' . / PDF SH ,nn: 7_ SHT ;, =--~- • ·' .. t,-~~·;;_·;r1 N99-33·0,"W 81 •5' ' SJ•S~ Sr lJNPLAITED "'->ENCE IS 1 i"w_ OF \'. I cJ'Jg I'-' ~ ' .-----.:AO 00 S[ 6TH ST NRB" T'-.l"\11 4~8 55 ---------4]8_55· ,a_\CA/lr s r • ' "/-o~ ·7-~-i J1 R-2000 -§~o_:=____=._ ----/000 -;ooo,-l --:En 15so"':___ i,..9,·,3'Jo" L-J1 B4' I r " ""'"" . LA'IDSCM'E ESN'I 11 SEE NOTf 15 Sl<T --rl5 5' ~ow ,'I 0£01CATION 31 ;i;I 95.l9±S' I Cf@) L,O'UTILITY L_E:~~': __ _ NBB"l7'•3"w " ,o· P O.E S!:E NOl~ 11, 5HT 30 BnSO± ; F (§) §,, i ~ 29 BC~± Sf @) i1~ ~ r 28 S05o± s r (@) /! 10' P J[ Sff ND'E 10. 911 :l 27 B6B.l.t Sf ~ NSB17'<TII' 82 so N8B'1J'4.l"W NM"1?"•l"W 70.00' 1-20· ,o_oo· !~10 P_DE Sff I ~OT( 12, SHT 2 I 20 I I DISTANCE ~ U:00 3ii::ii .!_fl 1]_89 ~ ~ n.:12 11.75 9.•5 17~ ,oo.,~ ,o.oo 2, 22 @ NORTH GRAPHIC SCALE W 40' 80' 1 INCH = 40 FT BASIS OF BEARINGS N!le'JT«l'"W-ALONC THE SOUTH UNE OF lHC SOUH·lAST OUMT!:~ D> SLCTION 1~-2.l-5 PER KING C(l<J~FY SU~\{Y CONTROL POINl5 l7E.l AND .1)6<! 10 oo· 23 N8817'<3"v, ,.~ 5o"' 10"POES(E SOT[ 12, SHT :I " SEE SHEET 5 FOR CONTINUATION 1,-21·11·.,· L•3(] 1/" c@) ~ R ~ ~", ; ,,,~\I., ~89".l.J'O<!"l'I I ~,;,~.!Do· '~ -~=~1\ ,, ~r·· ,,...,,., 10, 37· I .;J""J ~:,H _,. ";; . ·11>-2J·J~;'ol' 80•9~ s.F '.JI. ~ 11.-33.57' ~ g I TRff PROTECT10N E~SEUENT _J i'.:f -~] 02· Ld414 , , ·. -. ! EAi:~E-::\EEs;;o;E~~~ I ~ NB9".l.J'o,·w VARICS 1.J.l lQ' PRIVATE~ I "g sr~Azg.5JA11 J,s.~·~ I II '!' 26 ;,, -91Mr sr I;:: (§) "' 11~ oo· -<'DE SE[ NOTE 3, SHT 2 7 RD~n± sr I I I ~! i I ~II I I, I" @ ~ LJ~ c,; ~"~ l<BB17'<.l"W-" ~ ~rNM'3l"04"W a2_,,· ,~i:/;i;~ -J I I • '" ! '"~ 11soo' l-10· Ul~Y -L2) rs,n ITYPJ ffi ffi 0 • I 25 FOOND •• rnNCRrTF "ilNLJ~[NT VON PUNCHED , ,;2· AAAS~ Q1SK I~ ... ONUN[NT CAS£ SET STANCARD CITY (;F A[NION ND'IUN[~I 110TH BRASS 0151< 5TA ... P[Q "ORS J7S50" IN ... ONUWi:NI CAS£ fCll.JND 1/2" R£BAR VOTII RED PLAST'C CAP STAMPW 'CNW 40G1C EXCEPT AS NCTED OT.-IERW1S-f SET 5/8' X 14" RHIAA \lillH Pl A~TIC CAP STAt,PEO "DA> l/555" Cl.f C~AINLINK rrncr '1lf <IERTICAI_ AOAQO ff~CF \lilf" WA€ F"ENCE B ' I ' ·. 8 s $ ' $ ~ $ < ! rrncr t.nRNER ,s 08'W Df 1t. UN~L~l[Ei) UNPLA fTlD VIOF W-000 F[NC[ 1t. F'~Oi'rnry U~l ~DR~l ENGINEERS PI.ANl'ERS SURVEY( 620 TTHAVENUE KIRKLAND, WA 911 0 "26.&ZT.3063 F 426.827.2423 _.,dfslrong.com p o_r PRl~ATF ~TORN QR/,JN USEN[NT @ CITY or RENTON STREET ADDRESS D.R. STRONG CONSUL 11NG CNGINffRS PROJECT NO. 13117 LUA16 000280 Lr-..D · 0 0~11 :,ii ~I je ::i1, -" ' 31 ~B1!~1·~J·w I~ 1 I r-10 I NOT[ 1:1. "l<f 1• 10" P~IVATE I I I -~ 55' ROW or~,CATION ''/" ;;:' '.':' ~ ~ 't~ ·10' PD[ SE:E I~/ ;,I LANDSCAPE rs1,r1 11 , I "' "' "'",ci ~, • 1 1 926<_! S.F ) I @!13) ;1 I ~I set;~~~~~ ~~~~; I ~DTl 16 SHI :i ~ +-,om PRIVA~ rnrnr J~EM~~~El~l ii'ti I I rnoo --J II 1/ l;/ ;y/ I J I" I • mo·,:i';;"c -..!.'~- ~-~ • ··,. 10.00· 10· PR1VME LANDSCAPf FSl,I" SEE NOTE 15 SHI 2 19 91S!ct SF @}) a~.oo· ~ab' RO\\' I" IOEDICATION ,I I I., JO.Of\'.: -150· ' '~1t~-I04<!' "-· FOUND TYP OJ"N X Ol'E Of" ~flOP CORNCA FOUND Cot.CRETE MONUMENT + WITH P'JNCHlO .l/8" BR~SS PLUG 00,,.. 1.l' IN "'ONUMENl C~Sl ON S[C,,ON LINE: ,I ii; ~' " 'F"C<JNO ~-,,· CONCR~TE "'ONU,,.ENT WITH PJNCHED 2" BR•S5 015K. ST...,,,PED "l S JAMl" OOWN O /' lh M(lNU"'(~l CASE JO 29 THE ENCLAVE AT BRIDLE RIDGE /I r'ORTION or TJ•E SW 1/4 OF ~HE SC. 1/4 SECTION 14, TOWNSHIP 2.) NORTH, RANG[ 5 [AS I, CITY OF RENTON, KING COUNTY, WASHlr-.GTON SEE SHEET 4 FOR CONTINUATION 28 27 26 W.M., RECORDING NO. VOL/PG SHEET 5 Of l6 s· I 26 s· I II SBB'IT<J"W NM17'<J"II' 70 00 ,, BO~O± SF ~ ~lo ~ ~ 10.on· 22 OObU± S.F @J) PO[ SEl NOll 6, SHI. 2 2/' ; ? NBA'l7"<J"W 70 oo' 2J AQ<;Dt ~ F @ N86174J";,, 7.550" 1n'PD[S[( NOTE 12. SHT. 2 r 1 o ' 0 i ~ ,, 8683± Sf (§) POE SEE NOTE 9, S,-T 2 I~ (~i:, u~1~;; -j I I ~1 NS817'<3"w ~ 25 11 I a,,a, SC J"/ @i ;;; 10 PR SAT,'- LA.~DSCAPr r~M·r 11 I :,i ~I I 26.<;' 11;00' -1o·u11u1v-w-1 I ESM'T (IYP) o I 8 I g ~ 8050±SF lo "1 @ " '1 .I I NB9"JJ'o•·w ':': 11~ 00 IOXl<"PO[ SEE NCTE <. SHT ' I " z 5 U~Pi ATT(O -...!::!!"'_ --70<,()"-"J= SE -~ -7TH PL -7;;;, - Sff '°" ";;;,,,;,r;,.i:J' / ___ L::::_s;' ~ I? 9 1, __ 6~--< ~A'1~-1~12.5i' • 4 t ~oo'--70.o~ 18 BO~l ~~ @ 7000 lO'PDEe!'.E NOTE 7. 9H 2 17 ,~ ~O~: S.F (§_0 N8B.l1"4rll' TRACT A .1:inH sr 5E:E NOT[S ~~U AESlRICliONS NO I, SH[E" 2 3JB SJ' 7000 .1,0~7· ' <81 50 " -~,---7.JoJ __ _ "'"M~~, ~ I 16 8625ct s r @ I I I I I I I I l,w I 12 81 I~ '."I I~ -, I I I I 10' P 0.( SEE NO[l 6. Sl-<T l 15 s:598± SF" <§) r/, ' 0 i ~ ----1 I-'~· PU9UC 1,=aa· .. ·39•\I l- L•W9s· 1 [ 2850' 10' PRIVATf L~NOSC~Pl (Sl,l'T SlE NOfE 1~ SIH " ' 9266± SF ~ :1:i W, ~I ;I 7 ~·, j ~!MM ORA,NAG( I I E~S!:.,(NT '3 ,,,j/ t ,~ oo· 7J O.l" 11'701 s r !_ I ,1"'; ~ \~1 i > ~ C: HJ~~~~~~ \ \::, ~ o ;~--L ,,:c~sc'.c\,,"\\"~~ \ \ '!! --~.l_1J4,"w_ ~--+\), \<;; ::.i--r--,2970---;;,t---'" \"'· • ' " ~'Wl]f BG~± 5.F o ~ m~~ f I NBg"JJ·o,·w G ~ s oo· I~ I L21 :8 I ,I 'I ,I :11 ) ffiEE P;;:C;;:-1,... f ASfl,ffh T SF TREE ~ PROTECTIDN 05[ ... ENT j 9-H 2 ;,,,oTH \/A~IES ,o 6050-;: SF f':'-'"' Q~V ,: ' ' .! N8G'3J'o,·w 11500 -10 PO[ SEE NOTE 5, SHT 1 ~- :1 ii ~~ 11 B0501 5.' @) N89"JJ'o,·w 1\5 OD l_o \" \;'i"'° '"c~r ~\, r[NC( IS a ,·w or ~ rENCE IS o 1'r nr '1. FrN(E IS 0 l'W or Ii: TR•CI C Kl'IG COOhTY <;HORT PLAT NO '750<2 \" I I~ ~~ \ L• TEMPOflARY 91 9 • 5 />.N'fAA'r' ~"" ;£ J JURNARO~Ns°rc ~ 15· PUet~;,,.ENT '?, fA<;FMrN SHT 2 u !, SEWER Tf 1-J. S>ll 2 REC. NO 750S25C·<75 S LIN( NW 1/<. SW I/<. SF.: 1;, S!:C H-2J-5 Mt18'27'42"111 &2U2" r(NCE 15 --1.J6g7 _ I 't-""\ 1&~ -~ L5 \ _\:, ]1 .II' s• '°"" --SH ,a ~) m ' ,, \-------" '"""J,' '~"" Ll Jl''t·"rl>i ___ saso-L __ ,/ 0 '-"-"--.. 3 ,. 5 W!J' \'.__ ~rnr.r •~ 'CUR~ R/>.OIUS Cl 176 50 g 2400' DEL r• I.NGI E ARC LENCTH 10".'6"52" ~2 70 3.'!·is 26 \6 ,a• DIS"ANCr ~ 797' ~ 425, ~~·~~:, 10.11" au6 015TANC!' 11 90' 18 lO' 19.1!' ;q 17' ~ '.'6.00 ~ "" . 110.87 &MG nFa JQlB ~ :12.89 '----· 5" PUBLIC STOil .. a s'N nr '1. UNPL4Tll0 Ofl~INAGE: f.:AS[Mf.:Nf ;!.; o J'N or '1. @ NORTH GRAPHIC SCALE 20' " "" 1 INCH a 40 F- BASIS OF BEARINGS N!!!l".1/'<o"w ~LGN~ lH~ soo,~ LINE DC THE SO\J"'Hf AST QUARTER OF SECTION 1<-2]-~ <>F:~ ~ONG t.OONTY SLIR\/(Y CONTR((_ POIN"S J763 ~ND J7H EB EB 0 • FDUND <" CONCRETE MONLI .. F"N" IMTH PUNC~EO 1-· /2" BRASS O"K IN ... ~NU ... £NT US( SE" STANDARD CIT\' or flENION ~ONUMENT V,,lH BRASS DISK 5TAMPt0 "OR~ .17S55" I~ "'ONUW[NT CAS[ FO\JNC· 1/1" ~lB4R WIH Arn PLASTIC OP SlAMPrn ·cNW •oa1e" UClPI ~s NOTEO OTH£Rll'1s.E SET 5/B" X 2'" REBAR 11'1TH Pl A<TIC OP STAMPED 'URS .lloC>b'' CLF Cl'AINUN~ FENCf l'llf ~RTlCAl 80ARn rEN(E V,,F" 11'1RE C£NC£ V,Uf \11000 FENCE: ' PRO,,l~'Y LINE p D £ PAIVAT( srooi.. OAA,N €AS£ .. £NT (§ CITY O> RENTON STAEl,T AOO~ESS il[[D)~~ D.R. STRONG CONSUL llNG ENCINfERS ENGINEERS PUINNERS SU 8207THAVENUE KJRKLAND, 0425.821.3083 F425.82i _. . .:htl"l:lng.cam PRO..CCT 1110. 1 EXHIBIT 4 SE 132ND sr UAPLEWOOD PARK PROJECT SITE: SE 144TH sr SE 149TH sr 6 VICINITY MAP 1 "= 1500' EXHIBIT 4 •. I'· i;. '. I I; I / l\i h , 1, I ''.. ! 11 ·, 11.' .:, I.I' I·, 11\11 TI,: June 28, 2016 Project No. 13117 Jan Illian City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: Final Plat Submittal Review/ LUA 16 000280 and LND1 O 0511 Dear Ms. Illian This letter is provided as response to the Final Plat Submittal Review letter, dated May 6, 2016. Each item l1as been carefully reviewed and considered and the following is a summary of how each item was addressed. A. Planning Review comments Staff contact: Jill Ding, 425-430-6598, jding@rentonwa.gov 1. Per RMC 4 7 1700: Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right of way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20) and (2) lots on a street curve or the turning circle of cul de sac (radial lots), which shall be a minimum of thirty five feet (35). The widths of Lots 4 and 5 shall be revised to comply with the minimum 35 foot width requirement along the street frontage. Per discussions between developer and City of Renton staff this issue has been resolved and no changes are required. 2. Per Hearing Examiner Condition #13, an easement is require along the east property line to protect the trees available for protection. The applicant submitted a final tree protection plan with a covenant for the protection of the trees. Staff has reviewed the applicants proposal and as the condition specifies that the trees shall be protected within an easement, the proposed covenant will not be sufficient. The final plat map shall be revised to provide a tree protection easement along the east property line to protect the trees. The trees do not need to be shown on the final plat map. The required easement as been added to the final plat B. Fire Review -Building Comments Staff contact: Corey Thomas, 425-430-7024, cthornas@rentonwa.gov 1. Provide proper street name signs at all intersections. Noted by contractor 0:?0 i !we: EXHIBIT 5 K1ri-),111cJ. WA f1[l033-t,:J(S~ l'il()l)Q ('J;/.'..J) (lJ/-3063 l <H (42'.,) UU-:?4,''.-; l oi' rrcL· (COO} %2-1402 ------~--------- [n~1inccrs Su1vcyors r1c1nnc1s Jan Illian June 28, 2016 Page 2 of 3 C. Technical Services Comments D. Staff contact: Amanda Askren 425-430-7369, aaskren@rentonwa.gov 1. Note the City of Renton land use action number and land record number ( LUA 16 000280 and LND 10 0511 1 on the final plat. LUA and LND have been added to final plat. 2. The lot addresses will be provided. Note said addresses and the street names on the final plat. Addresses and street names noted on final plat. 3. Two ties to the City of Renton Survey Control Network are shown. Please clarify reference monumentation and the relationship between references listed. Monument has been clarified on final plat. Engineering Review Comments Staff contact: Rohini Nair, 425-430-7298, prnair@rentonwa.gov 1. As Built paper plans (2 copies) followed by As Built mylars will be required to be submitted either prior to or with the revision submittal of the final plat. Noted 2. Show and label all applicable City public utility easements in the final plat plan to be consistent with any applicable easement and City public utility feature shown the private property in the AS Built utility plan. The required easements are shown on final plat 3. Inspector will do the field walk thru after the AS Built paper plans are submitted Field corrections list will be provided after the inspector and maintenance does the field walk thru. The corrections will be required to be done by the contractor and accepted by the City. Contractor to complete 4. All improvements identified with the City of Renton utility construction permit and the King County ROW permit for the sewer extension within King County right of way should be completed. If the developer plans to request the deferral of any item identified in the City of Renton utility construction permit, then a deferral request should be submitted. Contractor to complete 5. Bill of sale for city public utility items and the street and frontage improvements should be provided based on As Built. Provided by contractor 6. Cost data form for city public utility items and the street and frontage improvements should be provided based on As Built plan. Provided by contractor Jan Illian June 28, 2016 Page 3 of 3 7. Please phrase Note 2 of the Flow Control BMP notes on Sheet 2 to say 'BASIC DISPERSION AND PERFORATED PIPE CONNECTION HAVE BEEN UTILIZED AS THE STORMWATER FL.OW CONTROL BMP FOR ALL INDIVIDUAL LOTS OF THIS PLAT. Changes made on Sheet #2 8. Maintenance bond for 20 % of the cost data form should be provided. Provided by contractor 9. A maintenance and defect agreement form should be provided to the City. Provided by contractor 10. Jan Please check if the storrnwater pond language has been correctly included in the Cc&Rs. E. Submittal -Addressing Review Comments Staff contact: Jan Conklin, 425-430-7276, jconklin@ren(onwa.gov 1. Please add addresses to the face of the plat. See attachment in EnerGov. Changes made to final plat Thank you for your time and consideration in these matters. I trust that the responses listed above are adequate to address the City's concerns. If you have any questions or concerns regarding the information, please do not hesitate to contact me. Sincerely yours, D. R. ;:zUog Eogioeern loo Stephen J. Schrei, P LS. Sr. Project Surveyor SJS/lcs R:\2013\ 1\ 13117\Correspondence\Letters\oul\L 13117 _ 160628_Jan ll!ian.doc I 2 3 4 5 6 7 The Honorable Tanya Thorp SUPERIOR COURT IN THE ST ATE OF WASHING TON KING COUNTY 8 ROGER A. PAULSEN AND JASON M. PAULSEN, POA FOR JUDITH No. 14-2-31273-3 KNT 9 PAULSEN, IO Petitioner, [12ROPOSED] ORDER AND JUDGMENT DENYING LUPA PETITION 11 V. 12 CITY OF RENTON, a Washington Municipal Corporation, 13 14 15 16 17 18 19 20 21 22 23 24 25 This matter comes before the Court on the November 17, 2014 Land Use Petition filed by Petitioners Roger A. Paulsen and Jason M. Paulsen, Power of Attorney for Judith Paulsen (hereinafter "Paulsen"), pursuant to Chapter 36.70CRCW, the Land Use Petition Act (LUPA). The Court having reviewed the record, and considered the pleadings and files herein, including the following: 1. Paulsen's Opening Brief 2. PNW Holdings, LLC's Response Brief 3. The City ofRenton's Response Brief 4. Paulsen's Reply Brief (;-. J_Q_[,;,(A_ \o\5..J)\(\J ORDER AND JUDGMENT DENYING LUP A PETmON -l 61 L!I no,~'""", Van Ness Feldman, .. 719 Second Avenue Suite 1150 Seanle, WA 98104 (206) 623-9372 EXHIBIT 6 The court having heard oral argument of the parties and being thus and otherwise 2 fully advised of the premises hereof, 3 IT 1~1~k.'~¥Yg~b~R~~~\&:;ci~~:X't~~~~k~Eb\hat: · 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The LUPA Petition is DENIED, and the City's decisions shall be and hereby are AFFIRMED. Paulsen failed to carry their burden of establishing that any of the LUP A standards set forth in RCW 36.70C.130(1)(a)-(t) were met as to any of the errors alleged in the LUPA Petition. 2. Judgment is hereby entered in favor of the City of Renton and against Petitioner Paulsen, consistent with this Order. DONE IN OPEN COURT this L day of (¥\).,./·-,, , 2015. JUDGE 1:ANYATHORP--; Presented by: ::·~~~~~~ Bre~40 Carly A. Summers, WSBA #42198 Attorneys for PNW Holdings, LLC Copy Received, Garmon News Attorney for the proved for Entry: ) / , ~r. Assistant City Attorney 'ty ofRenton ORDER AND JUDGMENf DENYING LUP A PETITION -2 ( Van Ness I Feldman , .. 719 Second Avenue Suite 1150 Seattle. WA 98104 (206) 623-9372 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Copy Received, Approved for Entry: ORDER AND JUDGMENT DENYING LUP A PETITION· 3 Van Ness Feldman., 719 Second Avenue Suite 1150 Seattle. WA 98104 (206) 623-9372 Ii. ti. :;'11(01\H:i Ull\!!;(11:111~1'; UM'ill~ITI(!; June 28, 2016 Project No. 13117 Jan Illian City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: Final Plat Submittal Review/ LUA16 000280 and LND10 0511 Dear Ms. Illian 11 'f. 1 •) ( j >' ' ·~ .._: ·, .., " This letter is provided as response to the Final Plat Submittal Review letter, dated May 6, 2016. Each item has been carefully reviewed and considered and the following is a summary of how each item was addressed. A. Planning Review comments Staff contact: Jill Ding, 425-430-6598, jding@rentonwa.gov 1. Per RMC 4 7 1700: Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right of way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20) and (2) lots on a street curve or the turning circle of cul de sac (radial lots), which shall be a minimum of thirty five feet (35). The widths of Lots 4 and 5 shall be revised to comply with the minimum 35 foot width requirement along the street frontage. Per discussions between developer and City of Renton staff this issue has been resolved and no changes are required. 2. Per Hearing Examiner Condition #13, an easement is require along the east property line to protect the trees available for protection. The applicant submitted a final tree protection plan with a covenant for the protection of the trees. Staff has reviewed the applicants proposal and as the condition specifies that the trees shall be protected within an easement, the proposed covenant will not be sufficient. The final plat map shall be revised to provide a tree protection easement along the east property line to protect the trees. The trees do not need to be shown on the final plat map. The required easement as been added to the final plat B. Fire Review -Building Comments Staff contact: Corey Thomas, 425-430-7024, cthomas@rentonwa.gov 1. Provide proper street name signs at all intersections. Noted by contractor 620 i· Ave. Ki1kl<1nd, WI\ 08033·5565 Phone: (425) 827-3063 Fax. (-125) 627-2•123 Toll Freer (600) 062-1402 Engineers St1rvoyors Planners ' • Jan Illian June 28, 2016 Page 2 of 3 C. Technical Services Comments D. Staff contact: Amanda Askren 425-430-7369, aaskren@rentonwa.gov 1. Note the City of Renton land use action number and land record number [ LUA 16 000280 and LND 1 O 0511 1 on the final plat. LUA and LND have been added to final plat. 2. The lot addresses will be provided. Note said addresses and the street names on the final plat. Addresses and street names noted on final plat. 3. Two ties to the City of Renton Survey Control Network are shown. Please clarify reference monumentation and the relationship between references listed. Monument has been clarified on final plat. Engineering Review Comments Staff contact: Rohini Nair, 425-430-7298, prnair@rentonwa.gov 1. As Built paper plans (2 copies) followed by As Built mylars will be required to be submitted either prior to or with the revision submittal of the final plat. Noted 2. Show and label all applicable City public utility easements in the final plat plan to be consistent with any applicable easement and City public utility feature shown the private property in the AS Built utility plan. The required easements are shown on final plat 3. Inspector will do the field walk thru after the AS Built paper plans are submitted. Field corrections list will be provided after the inspector and maintenance does the field walk thru. The corrections will be required to be done by the contractor and accepted by the City. Contractor to complete 4. All improvements identified with the City of Renton utility construction permit and the King County ROW permit for the sewer extension within King County right of way should be completed. If the developer plans to request the deferral of any item identified in the City of Renton utility construction permit, then a deferral request should be submitted. Contractor to complete 5. Bill of sale for city public utility items and the street and frontage improvements should be provided based on As Built. Provided by contractor 6. Cost data form for city public utility items and the street and frontage improvements should be provided based on As Built plan. Provided by contractor . Jan Illian June 28, 2016 Page 3 of 3 7. Please phrase Note 2 of the Flow Control BMP notes on Sheet 2 to say 'BASIC DISPERSION AND PERFORATED PIPE CONNECTION HAVE BEEN UTILIZED AS THE STORMWATER FLOW CONTROL BMP FOR ALL INDIVIDUAL LOTS OF THIS PLAT. Changes made on Sheet #2 8. Maintenance bond for 20 % of the cost data form should be provided. Provided by contractor 9. A maintenance and defect agreement form should be provided to the City. Provided by contractor 10. Jan Please check if the stormwater pond language has been correctly included in the Cc&Rs. E. Submittal -Addressing Review Comments Staff contact: Jan Conklin, 425-430-7276, jconklin@rentonwa.gov 1. Please add addresses to the face of the plat. See attachment in EnerGov. Changes made to final plat Thank you for your time and consideration in these matters. I trust that the responses listed above are adequate to address the City's concerns. If you have any questions or concerns regarding the information, please do not hesitate to contact me. Sincerely yours, D. R. R0~7'"' E"gi"oo" '"' Stephen J. Schrei, P.L.S. Sr. Project Surveyor SJS/lcs R:1201311113117\Correspondence\Lellersloul\L 13117 _ 160628_Jan Illian.doc . w Denis Law .'vl;:iycr City of April 14, 2016 Justin Lagers PNW Holdings LLC 9675 SE 36'h St, 105 Mercer Island, WA 98040 Community & Economic Development Department C.E. "Chip"Vincent, Administrator Subject: Notice of Complete Application The Enclave at Bridle Ridge Final Plat LUA16-000280, FP Dear Mr. lagers: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7216 if you have any questions. Sincerely, p~;...7~::._/ .,."!;!,,,_.- dan Illian Project Manager cc: Brianne Bannwarth, Development Engineering Manager Jennifer Hennlng, Planning Director Rohini Nair, Plan Reviewer Jill Ding, Planner File Renton City Hall ~ 10'.)5 South Grady Way • Henton, Washington 98057 ~ rentonv1a.gov • RECEIVED DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ---------R~. e--n-t~o:;--n 0 CITY OF RENTON Plannlnlf&iVi!Jon LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Albacore ACH, LLC The Enclave at Bridle Ridge PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ADDRESS: 9675 SE 361 ' St, Suite 105 14038 1561' Ave. SE. Renton, WA 98059 CITY: ZIP: Mercer Island, WA 98040 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 206-588-114 7 1423059023 and 1423059122 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S) Single Family Residential Same as Owner PROPOSED LAND USE(S): Single Family Residential COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: RLD-Residental Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) NA TELEPHONE NUMBER: EXISTING ZONING: R4 CONT ACT PERSON PROPOSED ZONING (if applicable): NA NAME: SITE AREA (in square feet): 383,127 Justin Laqers SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: 79,919 ACH Homes, LLC SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 9675 SE 36th Street, Suite 105 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) 4.5 Mercer Island, WA 98040 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 206-588-1147 / 253-405-5587 thirty one (31) NUMBER OF NEW DWELLING UNITS (if applicable): Justin@americanclassichomes.com NA 1 R:\2013\1 \13117\2\Documents\Final Plat\First Submittal_ TBD\ The Enclave at BR-Final Plat-masterapp (2).doc Rev: 08/2015 PROJECT INFORMAT~IO_N------'---(c_o_n_ti_n_ue_d_,_) _______ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): One (Removed) PROJECT VALUE: $3,000,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO 0 FLOOD HAZARD AREA 0 GEOLOGIC HAZARD 0 HABITAT CONSERVATION 0 SHORELINE STREAMS & LAKES 0 WETLANDS LEGAL DESCRIPTION OF PROPERTY __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. (Attach leqal description on separate sheet with the followinq information included) SITUATE IN THE SW/SE QUARTER OF SECTION 11., TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Joel Mezistrano, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) D the current owner of the property involved in this application or 12] the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that :::S:t:iE:. \ me 2 \ ~cli'"'IOsigned this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. &~Dtuitl~ Notary Publicln and for the State of Washington B:>n '-&.J ?°' la:. \r'\ \A¥- My appointment expires: B/8 I /la I I 2 R:\2013\1 \13117\2\Documents\Final Plat\First Submittal _ TBD\The Enclave at BR-Final Plat-masterapp (2).doc Rev: 08/2015 < ..... } --v,.'·' D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 131 I 7 3/22/16 LEGAL DESCRIPTION: THE ENCLAVE AT BRIDAL RIDGE FINAL PLAT Parcel A: Lot B of King County Testamentary Division No. L08M0034, recorded August 12, 2008 Under Recording No. 20080812900004, in King County, Washington, being no11hwest quarter of the southwest quarter of the southeast quarter of Section 14, Township 23 North, Range 5 East, W.M., King County Washington; Less north I 00 feet of the west 440 feet. Parcel B: Parcel B of City of Renton (Nipert) !Lt Line Adjustment No. LUA14-000250 recorded June 04, 2014 under Recording No. 20140604900004, in the official records of King County, Washington. R:'.20/ 3\J ',/ 31 I 712'Documents·.J.egalsSue Legal_ I 31 I 7.doc ltllJ /~ Uuc7zq;~ECE!VED DEPARTMENT OF COMMUNITY ---------.. rr, .. ~ ... ::..i. c .. •ityr·.·~,f.~[.··.·.r· ...•. [ .. ·•, AND ECONOMIC DEVELOPMENT __ _.. ___ \_) __ FINAL PLAT Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE: To ensure the proposed land division is in accordance with City of Renton's adopted standards and consistent with the approved Preliminary Plat. In addition, final review is used to verify compliance with any required conditions. COMPLETE APPLICATION REQUIRED: In order to accept your application, each of the numbered items must be submitted at the same time. If you have received a prior written waiver of a submittal item(s), please provide the waiver form in lieu of any submittal item not provided. All plans and attachments must be folded to a size not exceeding BY, by 11 inches. PLAT NAME: Please ensure that the final plat name is consistent with the name used for the preliminary plat application. APPLICATION SCREENING: Applicants are encouraged to bring in one copy of the application package for informal review by staff, prior to making the requested number of copies, colored drawings, or photo reductions. Please allow approximately 45 minutes for application screening. APPLICATION SUBMITTAL HOURS: Applications should be submitted to Planning Division staff at the 6th floor counter of Renton City Hall, 1055 South Grady Way, between 8:00 A.M. and 4:00 P.M. Monday through Friday. Please call your assigned project manager to schedule an appointment or call (425) 430- 7200 extension 4 to reach the Planning Division. Due to the screening time required, applications delivered by messenger cannot be accepted. All Plans and Attachments must be folded 8 Yz"by 11" APPLICATION MATERIALS: D D D 1. 2. 3. Public Works Approval: Please provide confirmation that required improvements have either been substantially installed or deferred. Waiver Form: If you received a waiver form, please provide 5 copies of this form. Land Use Permit Master Application Form: Please provide the original plus S copies of the 1 http://rentonwa.gov/uploaded Files/Business/PBPW /OEVSERV /FORMS_PLAN NI NG/Ip.doc Rev• 02/201S D D D D D 4. 5. 6. 7. 8. COMPLETED City of Renton Planning Division's Master Application form. Application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corporation. The legal description of the property must be attached to the application form. Fees: The application must be accompanied by the required application fee (see Fee Schedule). Checks should be made out to the City of Renton and can not be accepted for over the total fee amount. Density Worksheet: Please submit 5 copies of a completed density worksheet. Confirmation of Compliance with all Conditions of Plat Approval: Please provide 5 copies of a statement detailing how all conditions of plat approval have been addressed. Plat Certificate or Title Report: Please provide 3 copies of a current Plat Certificate or Title Report obtained from a title company documenting ownership and listing all encumbrances of the involved parcel(s). The Title Report should include all parcels being developed, but no parcels that are not part of the development. If the Plat Certificate or Title Report references any recorded documents (i.e. easements, dedications, covenants) 5 copies of the referenced recorded document(s) must also be provided. All easements referenced in the Plat Certificate must be located, identified by type and recording number, and dimensioned on the Site Plan. Draft Legal Documents: Please provide 4 copies of any proposed street dedications, restrictive covenants, draft Homeowners Association, or any other legal documents pertaining to the development and use of the property. D 9. Post Office Approval: Please provide 2 copies of the Post Office confirmation that they approved your mailbox location(s). Contact Bill Sansaver of the Post Office at (425) 255- 6389 or 1-800-275-8777. D 10. Environmental Checklist: You may be requested to provide 5 copies of an updated Environmental Checklist if more than two years have elapsed since the Preliminary Plat Approval. If a particular question on the checklist does not apply, fill in the space with "Not Applicable." A('. 7 /;@// 7 D 11. Neighborhood Detail Map: Please provide 5 copies of a map drawn at a scale of l" = 100' or l" = 200' (or other scale approved by the Planning Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, lot lines of surrounding properties, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale 2 http://rentonwa.gov/ uploaded Files/Bu siness/PBPW /DEVSE RV /FORMS _PLAN N ING/fp .doc Rev,02/2015 used for the map, and City of Renton (not King County) street names for all streets shown. Please ensure all information fits on a single map sheet. Kroll Map Company (206-448-6277) produces maps that may serve this purpose or you may use the King County Assessor's maps as a base for the Neighborhood Detail Map. Additional information (i.e. current city street names) will need to be added by the applicant. 0 12. Overall Plat Plan: If the scale of the project requires multiple plan sheets, please enclose 5 copies of the entire plat plan on a single sheet (include with final plat plan below). D 13. Plat Plan: Please provide 5 copies of a fully-dimensioned plan prepared by a State of Washington registered professional land surveyor in accordance with RCW 18.43.020, drawn at a scale of 1" = 40' on an 18" x 24" plan sheet (or other size or scale approved by the Planning Division) and including the information required by the City of Renton Subdivision Regulations: • Name of the proposed plat and space for the future City file number • Names and addresses of the engineer, licensed land surveyor, and all property owners • Legal description of the property to be subdivided • Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet • Vicinity map (a reduced version of the neighborhood detail map defined previously) • Overall plat layout with sheet key on a single page if the scale of the plat requires multiple plan sheets • Drawing of the subject property with all existing and proposed property lines dimensioned • Location of the subject site with respect to the nearest street intersections (including driveways and/or intersections opposite the subject property), alleys and other rights of way • Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. City code requires that private access easements be created via easement rather than creation of a separate tract • Location and dimensions of all easements referenced in the plat certificate with the recording number and type of easement (e.g. access, sewer, etc.) indicated • Location, distances in feet from existing and new lot lines, and dimensions of any existing structures, existing on-site trees, existing or proposed fencing or retaining walls, free-standing signs, and easements • Location of critical areas and any required buffer on or adjacent to the site identified by type (e.g. floodplain, Category 1 Wetland, Class 3 Stream) • Proposed square footage of each lot. If there are any pipestem lots with access easements or any lots with portions of the lot narrower than 80% of the minimum required lot width, then both the total square footage and the 'net' square footage shall be provided (per RMC 4-7-170Fl) Certifications: 3 http://rentonwa.gov/up loaded Files/Business/PBPW /DEVSERV /FORMS_PLAN NIN G/fp.doc Rev: 02/2015 • Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set • Only if the plat will not be served by sewer: Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable • Certification by the King County Finance Department that taxes have been paid in accordance with section 1, chapter No. 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the King County Finance Department in sufficient amount to pay the taxes for the following year • Certification by the City Administrative Services Administrator that there a re no delinquent special assessments and that all special assessments certified to the Administrative Services Administrator for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full • Certification of approval to be signed by the City Public Works Administrator • Certification of approval to be signed by the Mayor and attested by the City Clerk D 14. Calculations: Please provide 3 copies of complete field calculations and computations noted for the plat and details (if any) of all distances, angles, and calculations together with information on the error of closure. The error of closure on any traverse shall not exceed 1' in 10,000'. D 15. Tree Retention/ Land Clearing (Tree Inventory) Plan: Please provide 4 copies of a fully dimensioned plan drawn by a certified arborist or a licensed landscape architect if ANY trees or vegetation are to be removed or altered. The plan shall be based on finished grade, drawn at the same scale as the project site plan with the northern property line at the top of the paper, and clearly show the following: • All property boundaries and adjacent streets, location and dimensions of rights- of-way, utility lines, fire hydrants, street lighting, and easements; • Location of all areas proposed to be cleared; • Location, species, and sizes of trees on or immediately abutting the site. This requirement applies only to trees with a caliper of at least six inches (6"), or an alder or cottonwood tree with a caliper of at least eight inches (8"), when measured at fifty-four inches (54") above grade; • Clearly identify trees to be retained and to be removed; • Future building sites and drip lines of any trees which will overhang/ overlap a construction line. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan; • Show critical areas and buffers. D 16. Arborist Report: Please provide 4 copies of an arborist report by a certified arborist or a licensed landscape architect that correlates with the Tree Retention/ Land Clearing Plan and addresses the following: • Identification scheme used for each tree (e.g. tree number); • Species and size of each tree (caliper measured at 54 inches above grade); 4 http:/ /rentonwa.gov/u ploaded Fi les/Business/PBPW /DEVSERV /FORMS _PLAN NIN G/fp. doc Rev:02/201S • Reason(s) for any tree removal (e.g. poor health, high risk of failure due to structure, defects, unavoidable isolation (high blow down potential), unsuitability of species, etc.) and for which no reasonable alternative action is possible (pruning, cabling, etc.); • For trees proposed to be retained, a complete description of each tree's health, condition, and viability; • For trees proposed to be retained, a description of the method(s)used to determine the limits of disturbance (e.g., critical root zone, root plate diameter, or a case-by-case basis description for individual trees); • A description of the impact of necessary tree removal to the remaining trees, including those in a grove or on abutting properties; • The suggested location and species of supplemental trees to be used when required. The report shall include planting and maintenance specifications; • An analysis of retained trees according to Priority of Tree Retention Requirements specified in RMC 4-4-130H.1.b. D 17. Landscape Plan, Detailed: Please provide 3 copies of a Landscaping Plan (Detailed) meeting the requirements of RMC 4-8-120D. D 18. Irrigation Sprinkler Plan: Please provide 3 copies of an Irrigation Plan meeting the requirements of 4-8-120D. D 19. Wetland Mitigation Plan: (Only for projects with wetlands). Please provide 3 copies of a Final Mitigation Plan meeting the requirements of RMC 4-8-120D. D 20. Stream and Lake Mitigation Plan: (Only for projects with streams/lakes). Please provide 3 copies of a plan meeting the requirements of RMC 4-8-120D. D 21. Certificate of Incorporation: Please provide 3 copies of a State of Washington, Secretary of State Certificate of Incorporation for the plat's Homeowner's Association. D 22. Monument Cards: When a monument(s) is installed as part of the project, please provide 2 copies of a form obtained from the City Technical Services Division and filled out by a surveyor providing information regarding a single monument, including the Section, Township and Range, method of location, type of mark found or set, manner of re- establishment of the single monument (if applicable), description, and a drawing showing the location of a single monument and indicating a reference point to that monument. D 23. Plan Reductions: Please provide one 8 Y," x 11" legible reduction of each full size plan sheet (unless waived by your City of Renton Project Manager). The sheets that are always needed in reduced form are: landscape plans, conceptual utility plans, site plan or plat plan, neighborhood detail map, topography map, tree cutting/land clearing plan, critical areas plans, grading plan, and building elevations. These reductions are used to prepare public notice posters and to provide the public with information about the project. The quality of these reductions must be good enough so that a photocopy of the reduced plan sheet is s http://rentonwa.gov/uploadedFi1es/Business/PBPW/DEVSERV/FORMS_PLANNING/fp.doc Rev:02/201S also legible. The reduced plans are typically sent in PDF format to the print shop and then are printed on opaque white mylar-type paper (aka rhino cover) to ensure legibility. If your reduced plans are not legible once photocopied, you will need to increase the font size or try a different paper type. Illegible reductions cannot be accepted. Please also be sure the reduced Neighborhood Detail Map is legible and will display enough cross streets to easily identify the project location when cropped to fit in a 4" by 6" public notice space. Once the reductions have been made, please also make one 8 Y," x 11" regular photocopy of each photographic reduction sheet. Some of the local Renton print shops that should be able to provide you with reductions of your plans are Alliance Printing (425) 793-5474, Apperson Print Resources (425) 251-1850, and PIP Printing (425) 226-9656. Nearby print shops are Digital Reprographics (425) 882-2600 in Bellevue, Litho Design (206) 574-3000 and Reprographics NW/Ford Graphics (206) 624-2040. All Plans and Attachments must be folded to 8Yz" by 11" REVIEW PROCESS: Once the Final Plat application is submitted to the Planning Division, the materials will be routed to those City departments having an interest in the application. Reviewers have approximately two weeks to return their comments to the Planning Division. All comments and any requests for revisions will be sent to the applicant. Once all comments have been addressed, the applicant re-submits the revised plans and/or documents for review. The time frame for Final Plat processing is largely dependent upon application completeness and prompt turnaround time of revisions. As part of the review process, the Planning and Public Works Plan Review Divisions will ensure improvements have been installed and approved and that all conditions of the preliminary plat approval have been met. Once the applicant has demonstrated these items have been addressed through either a confirmation of improvement installation approval or letter of deferral, the City will schedule the Final Plat for review by the Hearing Examiner. The Examiner will issue a decision within 14 business days (RMC 4-8-11012c). Examiner's action to approve, modify, or reject the Final Plat shall be final and unless the action is appealed to the City Council within 14 days of the Hearing Examiner's written report. DEFERRAL OF IMPROVEMENTS: The Final Plat may not be recorded until all improvements have been completed and approved by the Planning Division or a letter of deferral has been obtained. The applicant may request a letter of deferral from the Board of Public Works and post security for any improvements that have not been completed. If a developer wishes to defer certain on-site improvements for more than 90 days after obtaining Final Plat approval, then a written application shall be made to the Board of Public Works. Should the Board of Public Works so rule, then full and complete engineering drawings shall be submitted as a condition to the granting of any deferral. Upon approval for such deferment, the applicant shall thereupon furnish security to the City in the amount equal to 150% of the estimated cost of the installation and required improvements. 6 http:/ /rentonwa.gov/uploadedFiles/Busi ness/PBPW /OEVSERV /FORMS _PLAN NI NG/fp. doc Rev: 02/2015 Time Limits: Such security shall list the exact work that shall be performed by the applicant and shall specify that all the deferred improvements shall be completed within the time specified by the Board of Public Works, and if no time is specified, then no later than one year. EXPIRATION OF FINAL PLAT: A final plat, which has not been recorded within six months after approval by the City Council shall expire and be null and void. The plat may be resubmitted as a preliminary plat . 7 http://rentonwa.gov/uploaded Fil es/Business/PBPW /DEV SE RV /FORMS_PLAN N ING/fp. doc Rev: 02/2015 • i.: ! ; : ' ! i '\' •.; April 6, 2016 City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: The Enclave at Bridle Ridge Final Plat To Final Plat Reviewer: Project No. 13117 RECEIVED CITY OF R!:NTON PlANNlNG iYVISION The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions. 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non-Significance for the proposal. Mitigation Measures: 1. Project construction shall be required to comply with the recommendations outlined in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated February 5, 2014). These recommendations will be complied with by the completion of construction of Site improvements as provided for on the approved construction drawing. 2. All proposed street names shall be approved by the City. The street names shown on the final plat have been approved by the City. 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). All public right of way intersections within this plat have a 20.00 foot radius. 4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. This condition will be met by the completion of construction, as shown on the approved construction plans. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. This condition will be met by the completion of construction, as shown on the approved construction plans. All required easements have been provided on the final plat. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. This condition will be met by the completion of construction, as shown on the approved construction plans. 7. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. All street name signs will be installed. 8. City staff shall investigate whether the proposed 156th Ave crossing for school children is safe in terms of lighting and stopping distance. Staff shall require further mitigation as necessary to ensure safe walking conditions for children walking to the school bus. This condition shall be met by action taken by the City of Renton. 9. The proposed stub road shall include a temporary turn around as required by RMC 4-7-150(G) if this is not already proposed. The required temporary turn around will be constructed along with other site improvements, as shown on the approved construction plans, the required easement has been provided on the final plat. 1. The applicant shall comply with the mitigation measures issued as part of the revised Determination of Non-Significance Mitigated, dated May 19, 2014. Mitigation Measures 1. Project construction shall be required to comply with the recommendations outlined in the submitted Geotechnical Engineering Study prepared by Earth Solutions, NW (dated February 5, 2014). This recommendation will be complied with by the completion of construction of Site improvements as provided for on the approved construction drawing. 2. Due to the existing Level of Service (LOS) designation F at the 1561h Avenue SE/SE 142nd Place and the proposal to add additional trips to the existing situation, the proposed project shall be responsible for paying their fair share of the cost of a new signal to be installed at the 1561h Avenue SE/SE 142nd Street intersection. A fee in the amount of $3,435 (9 new PM peak hour trips/1,310 Total PM peak hour trips = 0.00687 x $500,000 = $3,435) shall be paid prior to the recording of the final plat. The required fee shall be paid by the developer prior to final plat recording. 10. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residence and detached garage prior to Final Plat recording. The required permit has been obtained and the existing structers have been removed. 11.A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including a 10-foot landscaped visual barrier around the perimeter of the storm drainage tract (Tract A). The required plan has been submitted and approved and construction permits issued. 12. The landscaped visual barrier around the perimeter of Tract A shall be installed prior to recording of the final plat. Street frontage landscaping shall be installed prior to Certificate of Occupancy for the new single family residences. Prior to recording of the final plat the landscaped visual barrier around the perimeter of Tract A will be installed. Prior to Certificate of Occupancy for the new single family residences, the street frontage landscaping will be installed. §n easement for tree protection shall be recorded along the east property line to protect the trees available for retention (as determined by the City of Renton Arborist). The easement should be of sufficient width to adequately protect the trees identified for protection, however staff recommends that the easement width be permitted to vary based on the width of the stand of trees proposed to be retained. Such easement shall be identified on the face of the Final Plat. The trees to be saved have been shown on the final plat and a restrictive covenant added providing for the protection of the trees. 14.A final tree retention plan shall be submitted with the construction permit application identifying all the trees to be retained, as determined by the City Arborist. The required tree retention plan has been submitted and approved by the city. 15.A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. The required street lighting plan has been submitted and approved by the city. 15b. The plat map shall be revised to show Tract B as dedicated right-of-way. The revised plat map shall be submitted to the Current Planning Project Manager prior to recording of the final plat. The preliminary plat has been revised to include Tract B as public right of way. The revised preliminary plat has been resubmitted and approved by the city. 16. Secondary review may be required for the pond with both structural engineer and geotech engineer, and lining may also be required. The pond design has been approved. 17. Site grading shall be limited to the summer months. If the grading is to take place during the wetter winter or spring month, a contingency shall be provided in the project budget to allow for export of native soil and import of structural fill. This condition shall be met by action taken by the developer. 18. The applicant shall be required to create a homeowner's association of maintenance agreement for the shared utilities, stormwater facilities, and maintenance and responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for the review and approval by the City Attorney and Property Services section prior to the recording of the final plat. The Enclave at Bridle Ridge Homeowners Association has been established with The Washington Secretary of State and the certificate of incorporation and the C,C&R,s submitted to the city. 19. Bamboo may not be used for any landscaping required of the proposal. The approved landscape plans do not call for any bamboo to be planted. I trust this will satisfy the City's Final Plat submittal requirements. Sincerely ours, D. R. ST, ONG C;J"lting Engineers Inc. y~ Stephen J. Schrei, PLS Senior Project Surveyor SJS/lcs R:\2013\ 1\ 13117\2\Documents\Final Plat\L 13117_ 151112_ City Of Renton.Doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT RECEIVED -------Renton 0 CHY Of RENTON WAIVER OF SUBM11TAt 0 ~EQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: Arborist Report 4 Biological Assessment• Calculations 1 Colored Maps for Display• Construction Mitigation Description iANo 4 Deed of Right-of-Way Dedication 1 Density Worksheet 4 i Drainage Control Plan 2 ( /, ' Drainage Report 2 : ,_ Elevations, Architectural 3 AND 4 '~ Environmental Checklist 4 Existing Covenants (Recorded Copy) 1AND4 Existing Easements (Recorded Copy) 1AND4 Flood Hazard Data 4 Floor Plans 3 AND 4 . Geotechnical Report 2 AND, (1 ' Grading Elevations & Plan, Conceptual 2 v' " Grading Elevations & Plan, Detailed 2 Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 \b.__ PROJECT NAME, EncJa ve,, DATE: L-j/7 / /?,2 1 H :\CED\Data \Forms-Temp lates\Se lf-H el p Ha ndo uts\Pla n n i ng\ Waiversu bm itta I reqs. docx COMMENTS: Rev: 08/2015 LAND USE PERMIT SUBMITIAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual• Landscape Plan, Detailed 4 Legal Description 4 Letter of Understanding of Geological Risk 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary 4 Public Works Approval Letter 2 Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 1AND4 Stream or Lake Study, Standard 4 Stream or Lake Study, Supplemental 4 Stream or Lake Mitigation Plan 4 w Street Profiles 1 c~ Title Report or Plat Certificate 1AND4 Topography Map, Traffic Study 1 17\... Tree Cutting/Land Clearing Plan 4 v Urban Design Regulations Analysis 4 n Utilities Plan, Generalized 2 C Ii. Wetlands Mitigation Plan, Final 4 \(C,, Wetlands Mitigation Plan, Preliminary 4 2 H: \CE D\Data \Forms-Temp lates\Se lf-H el p H andouts\Pla n ni ng\ Wa iversu bm itta I reqs.docx Rev: 08/2015 .. LAND USE PERMIT SUBMITIAL REQUIREMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2 ANO 3 Inventory of Existing Sites lANoa Lease Agreement, Draft, ANO, Map of Existing Site Conditions 2AND3 Map of View Area 2AN0, Photosimulations 2 ANO, This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: w ' 3 H :\CED\Data \Forms-Temp lates\Se lf-H elp Handouts \Planning\ Waive rsu bm itta I reqs. docx COMMENTS: Rev:08/2015 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT --------Renton 0 DENSITY WORKSHEET Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov RECEIVED C!TY OF RENTON PLANNING DIVISION 1. Gross area of property 383,127 square feet -~----- 2. Deductions: Certain areas are excluded from density calculations. These include: Public Streets* Private access easements* Critical Areas** 79,919 square feet -~---- NA square feet ------ NA square feet ------ Total excluded area: 79,919 square feet -~----- 3. Subtract line 2 (total excluded oreo) from line 1 for net area 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density *Alleys (public or private) do not have to be excluded. 303,208 square feet -~----- 6.961 acres ------- 31 units/lots ------- 4.5 = dwelling units/acre ------- **Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands, or floodways." Critical Areas buffers are not deducted/excluded. 1 R:\2013\1 \13117\2\0ocuments\Final Plat\First Submittal_ TBD\The Enclave at BR-Final Plat-density.doc Rev: 08/2015 RECEIVED Greenforest Incorporated 2/18/2014 Justin Lagers, Director of Land Acquisition & Development PNW Holdings, LLC 9675 SE 36th St., Suite 105 Mercer Island, WA 98040 CITY OF RENTON •'LANNING DIVISION RE: The Enclave at Bridle Ridge Tree Inspection, 14038 156th Ave SE, Renton WA 98059 Dear Mr. Lagers: You contacted me and contracted my services as a consulting arborist. My assignment is to inspect and evaluate the condition of surveyed trees at the above referenced site. (Tax Parcel Numbers 142305-9023, 9057, & 9112). I received a TREE CUITING AND LAND CLEARING PLAN from DR Strong Consulting Engineers showing the location and numbers of the surveyed trees. I visited the site last week and inspected the trees indicated on the sheet, which are the subject of this report. TREE INSPECTION My initial inspection was limited to visual observation from the subject parcels. Trees off site were included in the inspection but are not included in this report. Both health and structure were evaluated. A tree's structure is distinct from its health. Structure is the way the tree is put together or constructed, and identifying obvious defects can be helpful in determining if a tree is predisposed to failure. Health addresses disease and insect infestation. I identified the species of each tree, confirmed trunk diameter (DBH), estimated average dripline extension and recorded visible defects. At the east property boundary (Near tree 6185) is an infection center for a root rot disease. This is evidenced by a tree-free circular area (actually, semi circular as bisected by the parcel boundary) with standing dead trees, recently or previously failed trees, and trees with thinning and/or chlorotic canopies at the edge of the infection area. After my initial inspection I returned to the site and performed rootcrown excavations on the conifers bordering this infection area. I found both signs and symptoms of armillaria root rot fungus, as evidenced by the presence of mycelial fans and fungal rhizomorphs, oozing resin flow, and varying stages of root decay in approximately a dozen trees on the north and south sides of this infection area. 4547 South Lucile Street, Seattle, WA 98118 Tel. 206-723-0656 Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 2 of 12 The results of this inspection are based on what is visible at the time of the inspection and is limited by the extent of feasible root excavation. The attached inventory provides the following information for each tree: Tree number as shown on the attached plan. Tree Species Common name. DBH Stem diameter in inches measured 4.5 feet from the ground. Dripline Canopy radius measured in feet. Dangerous Tree Certification Trees that are certified as dead, terminally diseased, damaged, or otherwise dangerous.' Notes Obvious structural defects or diseases visible at time of inspection, which includes: Asymmetric canopy-the tree has an asymmetric canopy from space and light competition from adjacent trees. Branch dieback -Mature branches in canopy are dying/dead and the tree is in an active state of decline. Canker -Disease cankers are established on trunk/branches. Dead -tree is dead. Diseased -foliage and trunk/branches are diseased. Dogleg in trunk -bow or defective bend in trunk. Included bark -Bark inclusion at attachment of multiple leaders and is preventing a wood-to-wood attachment Lean -Trunk has significant lean from vertical and at risk of failure. Multiple leaders -the tree has multiple stem attachments, which may lead to tree failure and require maintenance or monitoring over time. Root Rot Infection -tree infected with root rotting decay fungus. Suppressed -tree crowded by larger adjacent trees; with defective structure and/or low vigor. Retain tree only as a grove tree, not stand-alone. Trunk failure-Tree trunk previously broken and defective. Taper (Slender) -change in diameter over the length of trunks, branches and roots. Root Rot -The tree is infected with a root rot fungus. Suppressed -Tree is suppressed by adjacent tree canopies. Trunk decay-Advanced wood decay is visible in the trunk. 1 Renton Municipal Code. §4-11-200 DEFINITIONS T: (Accessed online 2/12/14) Greenforest @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 3 of 12 SIGNIFICANT TREES The attached tree inventory identifies 305 significant trees. Eighty-one of these trees are considered dangerous as defined by City code. Sincerely, ISA Certified Arborist # PN -0143A ASCA Registered Consulting Arborist· #379 PNW-ISA Certified Tree Risk Assessor #579 Attachments: 1. Assumptions and Limiting Conditions 2. Tree Inventory Green forest @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 4 of 12 Attachment No. 1 -Assumptions & Limiting Conditions 1) A field examination of the site was made 2/13/2014. My observations and conclusions are as ofthat date. 2) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the consultant/arborist can neither guarantee nor be responsible for the accuracy of information provided by others. 3) Unless stated other wise: 1) information contained in this report covers only those trees that were examined and reflects the condition of those trees at the time of inspection; and 2) the inspection is limited to visual examination of the subject trees from the subject property, without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied that problems or deficiencies of the subject tree may not arise in the future. 4) All trees possess the risk of failure. Trees can fail at any time, with or without obvious defects, and with or without applied stress. 5) Construction activities can significantly affect the condition of retained trees. All retained trees should be inspected after construction is completed, and then inspected regularly as part of routine maintenance. 6) The consultant/appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made. 7) Loss or alteration of any part of this report invalidates the entire report. 8) Unless required by law otherwise, possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant/appraiser. 9) This report and any values/opinions expressed herein represent the opinion of the consultant/appraiser, and the consultant's/appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 10) Ownership and use of consultant's documents, work product and deliverables shall pass to the Client only when ALL fees have been paid. Greenforest @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 5 of 12 No 2 -Tree Inventory Tree No. Species DBH 5024 Black Locust 8, 12 5027 Black Locust 8 5029 Douglas-fir 8 5030 Douglas-fir 18 5111 Red alder 16 5124 Red alder 12 5128 Douglas-fir 20 5130 Douglas-fir 8 5133 Douglas-fir 14 5134 Douglas-fir 18 5139 Douglas-fir 26 5142 Douglas-fir 10 5143 Douglas-fir 18 5144 Douglas-fir 28 5173 Douglas-fir 14 5174 Douglas-fir 10 5175 Douglas-fir 10 5176 Douglas-fir 8 5177 Douglas-fir 8 5178 Bigleaf maple 8,8, 10 5179 Bigleaf maple 8 5180 Douglas-fir 8 5209 Douglas-fir 44 5210 Douglas-fir 36 5211 Douglas-fir 32 5229 Douglas-fir 28 5230 Douglas-fir 26 5231 Douglas-fir 24 5232 Douglas-fir 16 5233 Douglas-fir 12 5234 Douglas-fir 10 5235 Douglas-fir 8 5236 Douglas-fir 22 5237 Douglas-fir 26,26 5276 Douglas-fir 10 5277 Douglas-fir 18 5278 Douglas-fir 20 Greenforest DL Dangerous Tree? Notes 14 Asymmetric Canopy Double Leader With Included 10 Yes Bark 10 16 12 Yes Diseased, Branch Failure 12 Yes Diseased, Decayed 18 Asymmetric Canopy 0 Yes Dead 14 Yes Trunk Decay 16 Asymmetric Canopy 16 Asymmetric Canopy 10 Suppressed 16 Asymmetric Canopy 20 Asymmetric Canopy 14 12 10 6 Asymmetric Canopy 6 Asymmetric Canopy 12 14 Asymmetric Canopy 10 20 20 Double Leader 16 Yes Trunk Failure 18 Yes Dogleg In Trunk 18 Double Leader 18 Asymmetric Canopy 12 Asymmetric Canopy 6 Yes Dead 8 Asymmetric Canopy 14 Asymmetric Canopy 18 Yes Trunk Girdled Multiple Attachments With 24 Yes Included Bark 12 Suppressed 14 Asymmetric Canopy 14 Asymmetric Canopy @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 6 of 12 Tree No. Species DBH 5285 Douglas-fir 22 5295 Black cottonwood 20,40 5297 Black cottonwood 38 5298 Bigleaf maple 8,8 5300 Black cottonwood 36 5301 Black cottonwood 20 5306 Douglas-fir 24 5307 Douglas-fir 24 5308 Douglas-fir 32 5313 Bigleaf maple 10,10,12 5394 Black cottonwood 10 5398 Douglas-fir 58 5399 Douglas-fir 36 5400 Douglas-fir 26 5401 Douglas-fir 32 5402 Douglas-fir 32 5403 Douglas-fir 18 5404 Douglas-fir 10 5406 Douglas-fir 10 5408 Douglas-fir 10 5409 Douglas-fir 18 5410 Douglas-fir 18 5411 Douglas-fir 12 5412 Douglas-fir 14 5413 Douglas-fir 18 5414 Douglas-fir 16 5416 Big leaf ma pie 8 5417 Douglas-fir 20 5418 Douglas-fir 24 5419 Douglas-fir 22 5420 Douglas-fir 22 5421 Douglas-fir 18 5422 Douglas-fir 22 5423 Douglas-fir 8 5424 Douglas-fir 26 5425 Douglas-fir 18 5426 Pacific dogwood 8 5427 Bitter cherry 8 5428 Bitter cherry 8 Greenforest DL Dangerous Tree? Notes 16 24 24 10 Multiple Leaders 24 18 Asymmetric Canopy 16 Asymmetric Canopy 16 Asymmetric Canopy 16 18 Multiple Leaders 12 25 Deadwood 20 18 20 18 14 6 Suppressed 12 Yes Root Rot Infection 12 Yes Root Rot Infection 16 Yes Root Rot Infection 12 Yes Root Rot Infection 10 Yes Root Rot Infection 16 Yes Root Rot Infection 16 Yes Root Rot Infection 14 Yes Root Rot Infection 12 16 Asymmetric Canopy 16 18 Asymmetric Canopy 18 Asymmetric Canopy 18 Yes Girdled 16 Asymmetric Canopy 8 Suppressed 16 12 6 8 Yes Top Failure 1 Yes Trunk Failure @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 7 of 12 Tree No. Species DBH 5433 Douglas-fir 8 5434 Douglas-fir 10 5436 Douglas-fir 8 5441 Douglas-fir 8 5442 Douglas-fir 28 5443 Douglas-fir 22 5444 Douglas-fir 26 5445 Douglas-fir 38 5446 Bitter cherry 8 5447 Douglas-fir 12 5448 Douglas-fir 12 5449 Douglas-fir 32 5450 Douglas-fir 20 5451 Douglas-fir 22 5452 Douglas-fir 32 5453 Douglas-fir 14 5454 Douglas-fir 22 5455 Douglas-fir 26 5456 Douglas-fir 8 5457 Douglas-fir 12,16 5458 Douglas-fir 24 5459 Douglas-fir 18 5460 Douglas-fir 18 5486 Douglas-fir 10 5487 Douglas-fir 28 5488 Douglas-fir 10 5489 Douglas-fir 12 5490 Douglas-fir 6 5491 Douglas-fir 8,18 5493 Douglas-fir 14,14 5494 Douglas-fir 10 5495 Douglas-fir 10 5496 Douglas-fir 16 5497 Douglas-fir 12 5498 Douglas-fir 10 5499 Douglas-fir 26 6000 Douglas-fir 16 6001 Douglas-fir 16 6002 Douglas-fir 20 Greenforest DL Dangerous Tree? Notes 10 12 8 8 16 Asymmetric Canopy 14 Asymmetric Canopy 16 20 10 14 14 20 Asymmetric Canopy 18 Asymmetric Canopy 14 16 Asymmetric Canopy 12 Suppressed 16 18 10 16 Double Leader 16 14 14 12 Asymmetric Canopy 18 Asymmetric Canopy 8 14 Asymmetric Canopy 10 Asymmetric Canopy 16 18 Asymmetric Canopy 12 0 Yes Dead 14 Asymmetric Canopy 12 Asymmetric Canopy 8 Suppressed 18 Asymmetric Canopy 18 Asymmetric Canopy 14 Asymmetric Canopy 18 Asymmetric Canopy @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 8 of 12 Tree No. Species DBH 6004 Douglas-fir 38 6005 Douglas-fir 22 6006 Douglas-fir 12 6007 Douglas-fir 18 6008 Douglas-fir 24 6009 Douglas-fir 28 6010 Douglas-fir 24 6011 Douglas-fir 20 6012 Douglas-fir 20 6013 Douglas-fir 36 6014 Douglas-fir 20 6015 Douglas-fir 28,34 6017 Douglas-fir 20 6018 Douglas-fir 10 6019 Black cottonwood 12 6020 Douglas-fir 16 6021 Douglas-fir 26 6022 Douglas-fir 28 6023 Bigleaf maple 12,16 6043 Black cottonwood 24 6044 Douglas-fir 28 6045 Douglas-fir 16 6046 Douglas-fir 14 6047 Douglas-fir 8 6048 Douglas-fir 24 6049 Bigleaf maple 6 6050 Douglas-fir 18 6051 Douglas-fir 16 6052 Douglas-fir 22 6053 Douglas-fir 14 6054 Douglas-fir 16 6055 Douglas-fir 16 6056 Douglas-fir 16,20 6057 Douglas-fir 14 6058 Douglas-fir 20 6059 Douglas-fir 20 6060 Douglas-fir 26 6061 Douglas-fir 28 6062 Douglas-fir 8 Greenforest DL Dangerous Tree? Notes 18 16 Asymmetric Canopy 8 Suppressed 12 Asymmetric Canopy 18 Asymmetric Canopy 18 16 Asymmetric Canopy 14 14 18 16 25 Double Leader 14 12 Yes Stem Canker 14 14 16 18 16 Double Leader 18 20 Asymmetric Canopy 14 Asymmetric Canopy 12 Asymmetric Canopy 12 Asymmetric Canopy 16 Asymmetric Canopy 8 Asymmetric Canopy 16 Asymmetric Canopy 18 Asymmetric Canopy 16 Asymmetric Canopy 16 Asymmetric Canopy 16 Asymmetric Canopy 16 Asymmetric Canopy 18 Double Leader 16 Asymmetric Canopy 16 Asymmetric Canopy 16 Asymmetric Canopy 18 Asymmetric Canopy 18 Asymmetric Canopy 6 Suppressed @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 9 of 12 Tree No. Species DBH 6072 Red alder 8 6073 Douglas-fir 26 6074 Douglas-fir 26 6077 Douglas-fir 24 6078 Douglas-fir 26 6079 Douglas-fir 16 6080 Douglas-fir 14 6081 Douglas-fir 28 6082 Douglas-fir 14 6083 Douglas-fir 26 6084 Douglas-fir 24 6085 Douglas-fir 26 6086 Douglas-fir 22 6087 Douglas-fir 20 6088 Douglas-fir 14 6089 Douglas-fir 16 6090 Black cottonwood 18 6091 Douglas-fir 12 6092 Douglas-fir 18 6093 Douglas-fir 18 6094 Douglas-fir 10 6095 Douglas-fir 6 6096 Douglas-fir 14 6097 Douglas-fir 16 6098 Douglas-fir 22 6099 Douglas-fir 20 6100 Douglas-fir 20 6101 Douglas-fir 20 6102 Douglas-fir 20 6103 Willow (6) 6 6104 Douglas-fir 18 6105 Douglas-fir 8 6106 Douglas-fir 14 6107 Douglas-fir 18 6108 Douglas-fir 6 6109 Douglas-fir 26 6110 Bigleaf maple 10 6111 Douglas-fir 10,24 6113 Douglas-fir 18 G reenforest DL Dangerous Tree? Notes 10 Yes Diseased 18 18 18 Asymmetric Canopy 18 Asymmetric Canopy 14 Asymmetric Canopy 16 Asymmetric Canopy 18 Asymmetric Canopy 12 Asymmetric Canopy 18 16 18 Asymmetric Canopy 16 14 12 16 18 14 Asymmetric Canopy 16 Asymmetric Canopy 16 8 6 Suppressed 16 14 16 16 16 16 Yes Dogleg In Trunk 16 0 Yes Dead 16 Asymmetric Canopy 6 Suppressed 12 Asymmetric Canopy 16 6 Suppressed 18 Asymmetric Canopy 0 Yes Dead Asymmetric Canopy, Double 18 Leader 16 Asymmetric Canopy @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 10 of 12 Tree No. Species DBH 6121 Red alder 10,12 6123 Red alder 6 6124 Douglas-fir 6 6125 Red alder 6,8 6127 Red alder 10 6128 Red alder 8 6129 Red alder 8 6130 Red alder 8 6131 Black cottonwood 8 6132 Black cottonwood 20 6133 Red alder 10 6134 Douglas-fir 8 6135 Red alder 8 6136 Douglas-fir 8 6137 Red alder 6 6138 Douglas-fir 16 6139 Douglas-fir 20 6141 Douglas-fir 32 6142 Douglas-fir 40 6156 Douglas-fir 14 6157 Douglas-fir 8 6159 Douglas-fir 16 6160 Douglas-fir 6 6161 Douglas-fir 8 6162 Douglas-fir 8 6163 Douglas-fir 8 6164 Douglas-fir 8 6165 Black cottonwood 16 6166 Black cottonwood 8 6167 Douglas-fir 12 6168 Douglas-fir 6 6169 Douglas-fir 6 6170 Black cottonwood 8 6171 Douglas-fir 8 6172 Red alder 10 6173 Red alder 10 6174 Red alder 8,10 6176 Douglas-fir 6 6177 Douglas-fir 26 Greenforest DL Dangerous Tree? Notes 16 Yes Trunk Failure 8 Yes Branch Dieback 6 Suppressed 14 Yes Trunk Dieback 14 10 Yes Lean 4 Yes Trunk Failure 12 Yes Trunk Failure 2 Yes Trunk Failure 16 14 Asymmetric Canopy 10 Asymmetric Canopy 6 Yes Branch Dieback 10 Asymmetric Canopy 6 Yes Suppressed 12 16 18 20 16 10 16 Asymmetric Canopy 8 Asymmetric Canopy 8 10 Yes Root Failure 8 8 Suppressed 18 6 Yes Lean 14 8 Asymmetric Canopy 8 Asymmetric Canopy 10 Yes Slender 10 Asymmetric Canopy 10 Yes Trunk Decay 8 Yes Trunk Decay 14 8 Yes Top Failure 18 @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 11 of 12 Tree No. Species DBH 6178 Douglas-fir 16 6179 Douglas-fir 14 6180 Douglas-fir 24 6181 Douglas-fir 24 6182 Douglas-fir 20 6183 Douglas-fir 22 6184 Bigleaf maple 26 6185 Douglas-fir 12 6187 Bigleaf maple 8 6223 Red alder 8 6226 Douglas-fir 8 6229 Red alder 8 6230 Red alder 10 6231 Red alder 8 6232 Bigleaf maple 10 6233 Bigleaf maple 10 6234 Bigleaf maple 8 6236 Bigleaf ma pie 10 6239 Red alder 8 6240 Red alder 10 6241 Bigleaf maple 16 6242 Douglas-fir 8 6243 Douglas-fir 10 6244 Red alder 8 6245 Red alder 6 6246 Red alder 8 6247 Douglas-fir 10 6248 Douglas-fir 20 6249 Red alder 6 6250 Red alder 8 6251 Douglas-fir 8 6252 Douglas-fir 44 6253 Douglas-fir 16 6254 Douglas-fir 18 6255 Douglas-fir 6 6256 Red alder 8 6257 Douglas-fir 8 6258 Douglas-fir 34 6259 Douglas-fir 34 Greenforest DL Dangerous Tree? Notes 14 16 16 16 Yes Root Rot Infection 14 Yes Root Rot Infection 16 Yes Root Rot Infection Root Failure; Root Rot 14 Yes Infection 0 Yes Dead 10 6 Yes Trunk Failure 0 Yes Dead 6 Yes Trunk Decay 8 Yes Trunk Decline 6 Yes Lean 14 Asymmetric Canopy 14 8 Yes Trunk Decay 12 Asymmetric Canopy 0 Yes Dead 12 Branch Dieback 18 10 Yes Suppressed 12 Asymmetric Canopy 10 Yes Trunk Failure 0 Yes Dead 10 Yes Trunk Decline 12 16 3 Yes Trunk Decline 10 Yes Branch Dieback 10 Asymmetric Canopy 18 12 Asymmetric Canopy 16 8 Asymmetric Canopy 0 Yes Dead 10 18 18 @ Registered Consulting Arborist Justin Lagers -PNW Holdings, LLC RE: 14038 156th Ave SE Renton WA 98059 2/18/2014 Page 12 of 12 Tree No. Species DBH 6260 Bitter cherry 8 6261 Douglas-fir 42 6262 Bitter cherry 8 6263 Douglas-fir 26 6265 Red alder 8 6266 Red alder 8 6267 Bigleaf maple 10 6268 Douglas-fir 48 6269 Red alder 14 6270 Red alder 8 6271 Red alder 10 6272 Red alder 8 6273 Red alder 8 6274 Red alder 10 6275 Bitter cherry 8 6276 Red alder 8 6277 Douglas-fir 10 6278 Red alder 8 6280 Red alder 8 6281 Douglas-fir 10 6282 Red alder 14,16 6284 Red alder 8 6285 Red alder 10 6286 Bigleaf maple 8 6287 Red alder 8 6288 Red alder 6 6289 Red alder 8 6290 Red alder 10 6291 Red alder 8 6292 Red alder 6 6293 Red alder 8 6294 Douglas-fir 34 6295 Douglas-fir 26 6341 Black Locust 32 Greenforest DL Dangerous Tree? Notes 10 18 10 18 0 Yes Dead 12 Yes Branch And Trunk Decline 10 20 18 Yes Top Dieback 8 Yes Suppressed 12 Yes Trunk Decay 6 Yes Branch And Trunk Decline 8 6 Yes Asymmetric Canopy 0 Yes Dead 6 Yes Branch And Trunk Decline 10 6 Yes Branch Dieback 8 12 16 Yes Branch Dieback 10 Yes Branch Dieback 14 Asymmetric Canopy 0 Yes Dead 10 Asymmetric Canopy 8 Yes Trunk Failure 8 Yes Branch And Trunk Decline 14 Yes Branch And Trunk Decline 12 Yes Branch And Trunk Decline 8 Yes Lean 6 Yes Lean 18 18 16 Yes Branch And Trunk Decline @ Registered Consulting Arborist l j / I I I I I I I I 1 2 3 4 \ "-- SE 6TH ST r ------\ ' 31 30 29 28 27 26 . I 20 21 22 I Ill 23 24 25 L I ~I -----. f2 I SE 7TH PL < i ----- I 19 18 I 17 16 15 14 I I I ' I TRACT A 13 \ \ j N ' GRAPHIC SCALE 0 75' 150' CITV OF RENTON PLANNif~G UIVl5!0N 1 INCH = 150 FT. ' 5 6 7 ~ 8 9 10 11 f---- 12 COPYRIGHT@ 2016, D.R. STRONG CONSULTING ENGINEERS INC THE ENCLAVE AT BRIDLE RIDGE OVERALL PLAT PLAN D.R. S'TRONG Cl:W:5U.JM B.1IU.US EM3NEERS PI.AMlml! 8~ IJ20TTHAVENIAF JGIIJ(1AM}, ~i/6033 D425.IU7.30t!/J F 425.821.2423 PROJECT SURVEYOR: SJS DRAFTED BY: SIS FIELD BOOK: 82 DA Tf: J';'2:fftl PROJECT NO.: 13111 SHEET 1 OF 1 ' ' • ! I ! j • i w ~ ~ ~ ~ • X X X X I X X X w (') 0 [t'. w _J 0 0:: CD I- <( ~ 5 u z w w F SE 1L_4 SECTlON 14, TOWNSHIP 23 N, RANGE 5 £. W.M .. THE ENCLAVE AT BRIDLE RIDGE ~ s ·.'·:·. '\J· --F'J'7 ----...... ,_.['_ , I ;,;;-' . I ./ ul • I <J'/ [!t . I ,, ,,1 '1i1 :'', .Jl, i• ·1 1,i ·:L 'I\\ I: : [1 ' -J-: Jr: Ji i ' ,' ,, '°"''. ·-' --· ___,' 1' --'·\ I t · ~ ' e .: i fl. F : -r, ,: i jl -h j i: !'' I: . ,,,., "i l l '. i-~ { C i i -,:-",: f'·c~f ·;( ;,~;?\/ f '!\. } , , .. ,,. - i·1': '1 -~·.I. -L---31 r, I 30 ', ', 29 ..... ', •,···-.. 28'·,, --.1, ,1 ~.7 ----1 I /'··,'f:}26· .. f· .. ··]~ I :~:.\/.:-.:\:./\_ ' r,'L I' ,; · 1· I ' -· -I · '" ~-· ' .. -~ -·'··I .. ,... 410 .--~ i ~ 1,,_ 11,I• ,i ,· I 1-t I I ~ '-1 I ' ',,j I ;\_:-.. !-.-, ,;.,c I., f 1--".;;: .. I ~ .... '··-·, :',-! 7 . -(··· ... ---I , i'. ' 1 . )· I •,,,-'.. . ·t ·, . , , )1,'i.:; , ~,· 1-~ r .3as 1 f J J.----I { , : 1 _ ~'-.· · 1 I ;·r~ 1 i,,· -\ 1 ,~, ,._,-r,,:., ,," , ' I.,-· I I I I I' ',, I -,,,, , 1. , "' • '.J''' . L'•' · /;. ii ·i · ' · --· · --·-",; ·: 3-:-· ,---~i, ·' [~;c:J ' " I (/j J, '' ,,. [, ' ' ' \ ' I I " '·-. "~' d ; 'i',----.. ----"-\ . ', ', \ , \ \ · ., ',, 1 1 , ;' I j \!,I 1/i . (_, .-------1 ,-------, ,----~---, ,-------, --~-----, -------·-., , I ... 8 I l' ~ jl . I I I I I ··-.. 1. I ···-.I : ·,, \ I /\ ' \{ ,;, L.. ·1-•. _(1 : ,,., JI I I I II l '-. l· 'f, \ \ I I ' 0 I i,, . I I _,., ·-I I!.'~ -·1•1 --- 1 20 I 1 21 I I 2'2 I I '·, "3 I I\ 2''4 \I I : "5 I ~ . .. I•,/ ·., de r ,1 -·' 1·-. I L , I I I I ·,;, I I , 1 ,, ,:, • • I . 'J . ;.:t: I --, ____ .-··1 ' c-a1-____ i I r , -i ' '-\ r· ' ~ I .-, -.,L-\-----.J ', /.r· j'~1 I I I --+ '--I I I I \ I 1': : I ·' -:>'fc.'cc-. ---, ,;. i I I f I I , I I .. 1 I \ \ I, •. ·,.. . .I",::._ i<,11-' -.. I y,/ Ir.. '-------'-------" '-----"'," '-------". ---"'.:---;,,-~,------a.J_ :., r~ ~r!~ ~_1;t,.,_9(,c·~·1 ',-L_ I_,_, • I · · , · · •. I i ·.,,:_ ·r ,r · I -'1'"· ·"1i ' '\. \ ' ,._,, i ,.· •• , ! ' --- :1' 1 • i,f:,°;;<?;, .,.,,,, -. ,, ·-·.i''·._ :: -/\:--,!.·,.) I;: I _,,,,: 1;1-·,.,,, ... ,,..... '"'"' ._,,,, •. ,,,;, .• ,,,., . ,;,;.,, ,•:XJ,Y._ I, I , .• ,.., . 'j-J'..,> i.! I " , , -R0.14D . ·11-. ·--'"""'"""---·· .,, ,H c..LL ~ ( ---B ,., ' ' • ·. ----·---, ,. ----l)( .. I i I' ' -· '} _.;,.i•x'i· ,, ... i'-. .I , ·--.'Ji;';_• . :.: ·,11; I I , I, ff ' V., '·' .:• "•··,·,, v;·.'IF I.,., \ ,.,.,.,v ,,,os,,-,, '"'"t~ '. I" '•,fO .. j.}1.·:.' !;-t jl "''-,,.,,,, • ,.. "' , .,, -,-,.·--.. ,<,<;-1· I , . 1 (., '·I' I .,y , ' ' ,----:-·, \ 'ii>· ' I ·?-. I ' if" i : : ':<:. ~~, :-~ ~< :4,r;:"'\ :-. -·i (0 , • : ,, --'I , 1 , ; t~,'.,, 1~~ I. i'·f. / it / · 19<._, / I·-.---18' '.' ,· . ., '·.,17,, ,,..J I 16_.·-/oai-t--· .. _15 \I / '·,, 14 I • I i ·,-,._,; 1 i/ I I ·., .. 1;•·1,,._} i I , ' I I , / I I ',,_ f. I '·,.. I ,. "'o-_l 11 . ---I l:.,:i' _, I 11 ; 1tOJ (]···," 1 .. 1 I I,· / I I . I/ .. __ I _ ·I"",'.. ,-.c~I. .I_\;[ .} Ii I l'r I f ;1 ' I I, I I ;_ /,..---4 -1-......... , ', I ', -J., ._ -f. I ~\ ' l JJ~ ' ; r ~ r i~,,l r : } -' '. '.,_ I L >-t--: ·.-~·.,-,-~--'-11, ..... _____ ·J I; l -', I _;.' ·---..... J 1\ ~/: I I r. ,--------;_ """.;;, ,---r 1,7,,'i,-----l -c:1;r---"/ ... ----,.-~ .. '--.---,--·-, I '") '-' ··,1 /", t} i' .l i ,-----,,. <~.,-----J.""'-,-J' ) _ ... ,,I 1i ,-';------,. ... ,:{:·~ , • __ ;;;:::::::::;\l.,/, 1 / ii / ' I ·'-, ·, ._ _ , 1 1 : ,I '-t , ·. 1 1 ,'."r 1,, 1'., ' ,''l , · 11, •I I :t, \ ·,, ·--1, . -1,; ;·;. >'· ·, ,,·,, --,• \ 11; ,'j / \ ·, 1·, ---l:: -_ I: i• ... -... ,,.. . :,, -. ',, .,c ',,,• -· i , , : : , 1 · , \ ',, 12 , \ (''Ii,, · ··--TRA'C-t"A"-_," .I:.,. 13· 1 , . , 1 ,·-, I) If/' ' 1 -,,J •; •, , -"· , ,-',-·-(.") : I.' I 1,-' :, I I ' ,, -_. __ I \ ', · ·,f; 7.-r'r~ =·r1i -.- /'-• ,, ' .f -.., ?. ·, .,, f..::<. --it)-\ -"0-:-1.:-->-·""'-:-~-,...,-.. . .. ;\--,-..::.._._-:----, .,..::... _ _::-.,..._-~--. /'~ --.-r->1. I~,\ \ , ,. •,\J:J,} ),... ~& . 'I-----. 1 J '" ---, r---...,._::--.,:...;;..!.....-;:;-1 I''"'<;,';: 1 "~-{,\}'./ I"'"~ , f"'·,-,1 I , .......... J 1---':-\ I{_ 11tl, ,,, I I',, 1"'''\-( · 1-, I J ---1 ~/,"·) -I...., ' I ._,.. .. ..._._ 1 -•• ,, ·' 1.s\>. 2'-, , -3._(.'o·{, '4, ,;,, C/-) .... · 1·. I ·-,, ~,t (t·-"·' ·, ',1 t _ '·(,) I. '-.: 'i:.•, ',, -·,{ \, -.,1 j'.'1 .:·· <1 ('1 .. '·7 I '·, • < 'f : ' . l J • •• ·.t /' 1' ... --'(_~_) ··-. f /--( •;")"·~S,J=--~-.':,,-__ _J • ---=------:....) l ~'-I I '-,,,.. .... (·;./ f-,:_··;-., I_ ~·' \ . .--·-.__ , ,-.•... ;:-r-'-t-·---'.--'· L-'7"2'..:..,l:.;. ~ ,e:'1 1;/ ,./ r\..___,,---;---T-,'-'- '.e-,!~'.·j )--. ' 1....·'·"'-'--c,-'1 j •. '.(' '"/._ • •• I ~ I '/-", ,\-) (j,·3\ ./ / ,·. ',l '. _,, ·/ .Q • ,i·.2} -•'-; ,·'./ ./ ~.} ', 5 'I· I, . ' "",c ' _.,. ', // / • ,,. ' 1 \f . (~·y,.1 . Yj \ ·, r • ) 11. i.,._ ,- . ( ' '"'' ' c; ',,'';~?:-~~=~~~~ .::-/ )\_ ' \ ' I ri-.\ i\6i : \ ··-: tr (j •121 \.-f'.:-----.J 2a1 1-if-,--,,~~ l'r ) r/f t .. F.1 [:, . ,,,}L f1 .L .r"..,_ ----,..... -ce:.::.:..:_ ---~ ____ JJ'QAD A 7.J ~ - -· --· . --.--- .,::::----=::-:-.,::-. ~}.;__;j _.;~, :;:; .,-:;:: ·~-~~·· PROJECT CONTACTS· APPI..JCANT / '11W£JL. ...•.•. _/WW Hot.LIINc:!I,, U.C , ............. , ....... -...................... H"'5 " ~ITH STR££t; -'l.1'1£ 145 ··-·-·-··-·-·-·-···-·--··-·-·--IKRCER ISI..ANlJ, WASHIHQroN H<UO ::::::::::::::~::::: ...... -.. ::::::::::::~l..tt!:11:~ tAGC11'S -.LISTINO.olERJCANCU,SSJCtjOUE.5..COIJ ClltL ENfllNEER ............... ·--... D.11. S1RONQ CONSlA.1/NO ENC/HEERS. "C. ._,.._, ............. -............ -.............. a:zo 1111 A~ .... ·-········-.. --......... _,,, ..... , •• _KllfKU.HD, ffi!SH7'1'(;17fXY '60» .............. -.-· .... , .... _ ........... -(U$) U7-.!IOISJ .............. , ............... _ ............... ccwr.11cr.-f,IAJ1Df A. """'°' f'.£. ····-··-.. ·-.......... _ NNRJOUO/OOlfSTRONU. CCU SJ/I~----· ............ IJ.ft !l'11tGNO CONSU..1/NG £1J()tl£fRS, "C. -........................................... 120 1TH A~ --·-·-....................................... K/Rla.AHD, 1114SHNG7r.N eGJJ :::::::::::::::::::::::;::::::::::::::~.11f/$~.,; samn l'.t.s .............................. -................... S7EW.SCHREHIORS1RONC.COW W,EMl· Nf'J EB 0 = Ha FOUND JilCNIJ/IDlr AS NOTED FOUND C0RN£R MONINENr AS AS NO"IED. "'°'"" SmtrrUGHr 1<1 WAIDT VIIL\of" Ill WA.mt liflfR • CATCH BASIN @ UMrARY 5EllCII' W.NHOLE 0 otCXJIJOU$ T11a: Q nDrGttCEN ma; r-m c-croA1' "8r l<ERl1CAL IKWIO mJCE HM'" HOG tlRC fBVCC IIR,ua 11£11.ANI) II.AO I-sot. ~ llN HA-i CD« tJF' f'AJ/OIENr \) v~: v'\ vv, 'i'l<'\. \ll0i--~> \ '\ \:--\: ;:<'~;G11 l-:i:,, /,\._· />~;'.JJ.; .. ~i..:' ( I ,,!?u ) '·; o-\ ~ 'J\ lOl{ /.:; -~\_; '"059 \• ..... _____ ::.._ __ _______ 15i>J;1 , I' J: r-<;,, r,--, ·, .,, , ,/ .---'.(() ,', / / l! \ \ \ , ' ~ "_,/> \ (:, ··I·-/// 1 ,./i.': ', ,, /--)\') ,· ,,._. ·, ':,,··',,'_ , .. \ ,· /, '\f ~' .;::J ,' ,t.l' ,.;,), '-----c---\-,0 -:-, ,·, , __ J // l rt., .1':i. \1 r rr 1 _.-j~·iz1--,·t , ._ -~-"':-,~ o f,;,r\ ~,-.. <t.:,'f \,,,./ Cd 2: WortrG D•ra Bet'ar• Y(IU Dig 811 Ull!lt,1~ Lc:u:ab Center (O,U'T",IC,Of\WA) ---11i0~ ~[D) ~) !;sf£;~ NO. ...,_,, -,,, ----... REVISION BY DATE I >.PPR I~ ·1 soi<i, AS NOTED 1,,.;~1 -- ... ~..";'\~ ... * ;R CITY OF RENTrn, Plann!riQ/Bu!ldinQ/Pubk Works Depl --- VICINITY MAP t"-1500' @ PROJECT INfORJttA VON: NORTH 1l>TAL D1Sr1NG SITE AREA: J'1.\J'7Z S.F'. (S.~11 ACRES) rorAL PRO£cr AM"' .,,_ TAX PARC£!. MJU8ER: l"Ra'05ED NfNBER tJF' tOIS: D1STINCZ~ """'°"""""" DENSIT'( PRCP05ElJ/PERJ,IJllEil: J'73.:!72 s.r. (lUn AeffES) 14fl:Ja 156TH A\<EHUE S£ RENroN, J'ASH/NOroN l-«2.Jr:J5-flM,J ,I: -11,:za ,r .. " TR.ACT "A": STD'W DRNHAGC TRACT :J2,a4J S.F. (0.754 AC/fES) ZNlt! IN Oi!l'lti:AL ARLI.S:-O S.F. I.AND IN artm'AL Alriil IIUFITRS: 0 S.F. u.ND IN f'l'IWA 11" A!XtH EA!/£MEPJT5' 0 S.F. .sD1ER D1S1R1Cr.-arr CF 1'EH1"N WAmf DIS1R!CP.: WA rot Olsrmcr ,o SCHOOi. l»STfllCT: flDl7CW /4lll @ NORTH GRAPHIC SCALE 2L..,jo 1 INCH• ~OFT. TI--IE ENCLAVE AT BRIDLE RIDGE PRELIMINARY PLAT MAIUlOX PLAN DRS PROJECT NO. 13117 'I' 01.20.1'4 -.. , After Recording, return to: ALBACORE ACH, LLC 9675 SE 36TH STREET, STE 105 MERCER ISLAND, WA 98040 DECLARATION OF ~ECEIVED CITY OF RENTON PlANNING DIVISION COVENANTS, CONDITIONS, AND RESTRICTIONS OF ENCLAVE AT BRIDLE RIDGE HOMEOWNERS ASSOCIATION Page 1 ' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ENCLAVE AT BRIDLE RIDGE THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR ENCLAVE AT BRIDLE RIDGE ("Declaration") is made on the date hereinafter set forth by ALBACORE ACH, LLC, a Washington Limited Liability Company ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as ENCLAVE AT BRIDLE RIDGE (hereinafter referred to as "Enclave at Bridle Ridge"), which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference In order to ensure preservation of the residential environment at Enclave at Bridle Ridge, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Enclave at Bridle Ridge Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Enclave at Bridle Ridge Homeowners Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to ENCLAVE AT BRIDLE RIDGE HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Page 2 Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall also include the Residence located thereon. Section 7. "Declarant" shall mean Albacore ACH, LLC, a Washington limited liability company and any of its successors and assigns who identifies itself as a successor Declarant in a recorded instrument and who assumes all the obligations of Albacore ACH, LLC as Declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee by the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Enclave at Bridle Ridge as recorded on ________ , 2016 in the records of King County, State of Washington, under Recording No.---------- Section 11. occupying any Lot. "Residence" shall mean and be limited to single family residences only Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. Section 13. "Subdivision" shall refer to the real property included within any Plat as defined herein. Page 3 ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (i) a date twenty (20) years from the date of recording this Declaration; or (ii) sixty (60) days after 100% of the Lots subject to this Declaration have had single family Residences constructed thereon and have been occupied as Residences; or (iii) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article 11 by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article 11 or select a new Board under this section of Article 11. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for four (4) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Page4 Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE Ill EASEMENTS, RESTRICTIONS, COVENANTS Section 1. Easements for Utilities. As shown on the Plat an easement is hereby reserved, granted and conveyed to the City of Renton, Puget Sound Energy Company, Century Link, Comcast, King County Water District No. 90, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right-of-way, as shown hereon in which to install, lay, construct, renew, operate and maintain underground distribution systems with necessary facilities, sidewalks and other equipment for the purpose of serving this subdivision and other property with utility services and sidewalks, together with the right to enter upon the lots at all times for the purpose herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. Section 2. Private Easement Provisions. The Owners of the land hereby subdivided do hereby grant and convey to the Owner(s) of the benefited Lots as stated in the easement notes or any other private easement shown and their successors and assigns a perpetual easement for the stated utilities and/or use shown. These easements and conditions shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the owner(s) of the land hereby burdened. The Owner(s) of the Lots benefited and their successors and assigns shall have the right without prior institution of any suit or proceedings of law at such times as may be necessary to enter upon said easement for the purpose of constructing, maintaining, repairing, altering, or reconstructing said utilities and/or user facilities or making any connections thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the one benefited. The Owner(s) of the burdened Lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said Page 5 utilities. However, the Owner(s) of the burdened lot shall not erect or maintain any buildings or structures within the easement. Also the Owner(s) of the burdened Lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities and/or uses facilities. Also the Owner(s) of the burdened Lot shall not develop or beautify the easement areas in such a way as to cause excessive cost to the Owner(s) of the Lot benefited pursuant to its restoration duties herein. Section 3. Private Drainage Access Easements. The Owner(s) of private property within this Plat encumbered with drainage easements shown as "private" hereby grant and convey to the City of Renton, a municipal corporation, the right but not the obligation to convey or store storm and surface water per the engineering plans approved for the Plat by the City of Renton, together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purpose of observing that the Owner(s) are properly operating and maintaining the drainage facilities contained therein. The Owner(s) of said private property are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are hereby required to obtain any required permits from the City of Renton or its successor agency, prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as swales, channels, ditches ponds, etc.) or performing any alterations or modifications to the drainage facilities contained within said drainage easement. This covenant shall run with the land and is binding upon the Owner(s) of said private property, their heirs, successors and assigns. The City of Renton shall have the right to enter the private drainage easements shown on the Plat to repair any deficiencies of the drainage facility in the event the Owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owner(s)'s cost. Section 4. Public Drainage Easement Restrictions. Property Owner(s) subject to a Public Drainage Easement shall not have the right to the following actions or activities beyond the building setback line or within the limits of the public drainage easements identified hereon: A) Erect or maintain buildings, structures, obstructions or place fill (including but not limited to fences, decks, patios, outbuildings, retaining walls and overhangs). B) Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the drainage facilities to be placed within the easement. C) Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the City of Renton for restoring the easement area and any private improvements therein. Page 6 D) Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth drainage facilities on the right- of-way, or endanger the lateral support facilities. E) Blast within fifteen (15) feet of the right-of-way. F) Erect fences in such a way as to prevent access by the City of Renton's vehicles to the drainage facilities. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width. G) Grading and construction shall not be allowed within the Public Drainage Easements shown on the Plat map unless approved by the City of Renton or its successor agency regardless of permit requirements. Section 5. City of Renton Drainage Easement Covenant. All drainage easements within this Plat, not shown as "private", are hereby granted and conveyed to the City of Renton, a political subdivision of the State of Washington, for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans approved for this Plat by the City of Renton, together with the right of reasonable access (ingress and egress), to enter said drainage easement for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Note that except for the facilities which have been formally accepted for maintenance by the City of Renton, maintenance of drainage facilities on private property is the responsibility of the property Owner. This easement is intended to facilitate reasonable access to the drainage facilities. This easement and covenant shall run with the land and is binding upon the Owners of said private property, their heirs, successors and assigns. Section 6. Flow Control Best Management Practices (BMP'sl. The following flow control BMP's are shown on the Plat. 1) The detention facility for this Plat is designed to accommodate impervious area equal to 4,000 s.f. per Lot. 1400 s.f. of roof area on each Lot will be routed to splash blocks, thus utilizing basic dispersion to accommodate flow control bmp requirements. Basic dispersion results in a flow control sizing credit of 50%, thus increasing the actual allowable build-out impervious area by 700 s.f. (50% of 1400 s.f.). Splash blocks require a minimum vegetated flowpath of at least 50 feet. If a 50-foot flowpath is not available on a given Lot, then a 20-foot gravel filled trench shall be utilized for basic dispersion with a minimum 25-foot vegetated flowpath. 2) Basic dispersion, and perforated pipe connection bmp has been utilized for this plat. Page 7 3) Flow control bmps constructed on each lot shall be operated, maintained and kept in good repair by each lot owner. Section 7. Miscellaneous Easement Notes and Restrictions. The following restrictions and easements are shown on the Plat: 1) An easement is hereby reserved, granted and conveyed to the City of Renton, Puget Sound Energy Company, Century Link, Comcast, King County Water District No. 90, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right-of-way, as shown hereon in which to install, lay, construct, renew, operate and maintain underground distribution systems with necessary facilities, sidewalks and other equipment for the purpose of serving this subdivision and other property with utility services and sidewalks, together with the right to enter upon the lots at all times for the purpose herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. 2) The private storm drainage easement shown on Lots 1, 2 and 3 is for the benefit of Lots 2, 3 and 4 for private storm drainage facilities. The Owners of said Lots 1, 2, 3 and 4 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 3) The private storm drainage easement shown on Lots 6 and 7 is for the benefit of Lots 5 and 6 for private storm drainage facilities. The Owners of said Lots 5, 6 and 7 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 4) The 10 foot by 14 foot private storm drainage easement shown on Lot 9 is for the benefit of Lot 8 for private storm drainage facilities. The Owners of said Lots 8 and 9 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 5) The 10 foot private storm drainage easement shown on Lots 11 and 12 is for the benefit of Lots 10 and 11 for private storm drainage facilities. The Owners of said Lots 1 O and 11 and 9 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. Page 8 6) The 10 foot private storm drainage easement shown on Lot 15 is for the benefit of Lot 14 for private storm drainage facilities. The Owners of said Lots 14 and 15 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 7) The 10 foot private storm drainage easement shown on Lots 17 and 18 is for the benefit of Lots 16, 17 and 19 for private storm drainage facilities. The Owners of said Lots 16, 17, 18 and 19 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 8) The 10 foot private storm drainage easement shown on Lots 21 and 22 is for the benefit of Lots 20, 22 and 23 for private storm drainage facilities. The Owners of said Lots 20, 21, 22 and 23 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 9) The 10 foot private storm drainage easement shown on Lot 24 is for the benefit of Lot 25 for private storm drainage facilities. The Owners of said lots 24 and 25 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 10) The 10 foot private storm drainage easement shown on Lots 27 and 28 is for the benefit of Lots 26 and 27 for private storm drainage facilities. The Owners of said Lots 26, 27 and 28 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 11) The 10 foot private storm drainage easement shown on Lots 30 and 31 is for the benefit of Lots 29 and 30 for private storm drainage facilities. The Owners of said Lots 29, 30 and 31 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 12) The 10 foot private storm drainage easement shown on Lots 20, 27, 28, 29, 30 and 31 is for the benefit of Lots 20, 26, 27, 28, 29, 30 and 31 for private storm drainage facilities. The Owners of said Lots 20, 26, 27, 28, 29, 30 and 31 are hereby responsible for the maintenance of their respective private Page 9 drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement. 13) The 15 foot public sanitary sewer easement shown on Lot 12 is hereby granted and conveyed to the City of Renton, a political subdivision of the State of Washington, for public sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. 14) The temporary turnaround easement shown on Lot 12 and lot 13 is hereby granted and conveyed to the City of Renton, a political subdivision of the State of Washington, for temporary turnaround facilities. The City of Renton is hereby responsible for the maintenance of said temporary turnaround facilities within said easement. This easement shall automatically terminate upon the extensions of the public right of way through the adjoining property. It shall be the responsibility of the developer extending said right of way to remove the improvements associated with the temporary turnaround and reconstruct the standard roadway cross section through these areas. 15) Street trees within the public right of way shall be owned and maintained by the Enclave at Bridle Ridge Homeowners Association. Those trees on individual lots, required to be installed according to the approved landscaping plans shall be maintained by Owner of the Lot on which the tree is located. 16) The 10' private landscape easement reserved on Lots 14, 19, 20, 25, 26 and 31 is granted and conveyed to the Enclave at Bridle Ridge HOA for landscaping. The HOA is responsible for the maintenance of said landscaping within said easement. 17) The private entry monument easement shown on Lots 19, 20 and 21 is granted and conveyed to the Enclave at Bridle Ridge HOA for private entry monuments, if installed. The HOA is responsible for the maintenance of said entry monument facilities within said easement. 18) The tree preservation covenant shown on Lots 5, 6, 7, 8, 9, 10, 11 and 12 establishes a covenant by the owner(s) to leave undisturbed all trees shown on the Plat to be retained. This covenant shall run with the land and shall be binding upon all future owners. No tree topping, tree cutting or tree removal shall occur unless required or approved by the City of Renton. Except for ordinary landscape maintenance, no construction, clearing or land alteration activities shall occur within the tree's dripline, unless required or approved by the City of Renton. Activities in violation of this covenant are subject to penalty, including without limitation, fines and mitigation requirements. The City of Renton shall have the right, but not the obligation, to enforce the requirements, terms and conditions of this covenant by any method available under law. It is the obligation of the owner(s) to comply with the terms of the tree preservation covenant. Page 10 Section 7. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Conveyance of Common Areas. All Common Areas shall be owned and maintained by the Association. Section 2. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: (i) Tract A -The landscaping within Tract A including all fencing along the perimeter of the Tract. (ii) General -All landscape planter strips along the internal Plat roads together with the planter strips along the frontage of 1561h Ave SE, including irrigation; street trees, entry signage, landscaping and fencing along the side ten (10) feet abutting public right of way of Lots 14, 19, 20, 25, 26 and 31, if any, including water and electric charges, and the mailbox stands located throughout the Property. Page 11 The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 3. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 4. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. ARTICLE V TRACTS Section 1. Storm Drainage and Recreation Tract. Tract A is a private storm drainage tract and is hereby granted and conveyed to the Enclave at Bridle Ridge Homeowners Association upon the recording of this plat. Except as otherwise noted herein, said homeowners association is hereby responsible for all maintenance and management obligations associated with said tract. Should the Enclave at Bridle Ridge Homeowners Association fail to properly maintain said tract, the owners of Lots 1 through 31 of this plat shall be equally responsible for the maintenance of said tract. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each Lot in this plat shall assume and have an equal and undivided ownership interest in tract a previously owned by the HOA and have the attendant financial and maintenance responsibilities. A drainage easement over said tract is hereby granted and conveyed to the City of Renton for public storm drainage facilities, according to the City of Renton drainage easement covenant hereon. The City of Renton is hereby responsible for all maintenance responsibilities associated with said public storm drainage facilities within said tract. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler Page 12 systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon thirty (30) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Page 13 Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may be charged, shall be allocated and paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees Page 14 and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence upon the recording of this Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall determine annually the Annual Assessment to be assessed against each Lot. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period of thirty (30) days, for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or Page 15 transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. Property owned by Declarant and the City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, may, in its sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. Section 14. Start-Up Fee. Upon the sale of each Lot by the Declarant, and upon the resale of each home (and Lot), the purchaser shall pay a start-up fee of Seven Hundred Fifty and no/100 ($750.00) Dollars per Lot. This fee shall be collected at the closing of the Lot sale and submitted to the Association. This start-up fee shall be used to defray organizational and operational costs for the Association. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Subdivision. This includes, but is not limited to, adequate watering, removing weeds, and dead or diseased plants which must be replaced with the appropriate planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair. This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. The stain for the fence shall be a natural stain color chosen by Declarant. Lots adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot Owners' right for quiet use and enjoyment. Section 2. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner Page 16 consistent with maintenance standards of the Porter's Run Subdivision, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51 %) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels pursuant to Article XI 11, Section 8, the total number of votes shall be increased by the applicable number for the Lots in such annexed Other Parcels. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Enclave at Bridle Ridge Homeowners Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the Rules and Regulations of the Association Page 17 for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the Rules and Regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability; property; and directors and officer insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. Page 18 (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital improvements provided. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Areas, the Common Maintenance Areas, the Properties, fines, and other matters. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. Page 19 (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Areas and Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing contained herein shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee /"Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of Residences in the Subdivision. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other Residences in the Subdivision. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Page 20 Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) The location of the residence, doorways, windows, garage doors, accessory structures, property lines, easements, setbacks, landscaping, rockeries, fences, and the driveway upon the Lot; (ii) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (iii) The elevation of the landscaping, rockeries, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences and rockeries, show relationship to fences and grades on adjacent Lots; (iv) Drainage flows; (v) Exterior finish materials, colors, and textures under consideration. Include roof; (vi) Landscape plan. Indicate species of plant material, size and height, and location; and (vii) Other information which may be required in order to determine whether the standards in this Declaration have been met Section 7. Plan Check Fee. All individuals submitting plans to the Committee and not using Declarant as their house builder shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee plus a damage deposit shall be required for the review of plans and specifications for Residences. A plan check fee shall be required for the review of accessory structures and alterations. All fees and deposits shall be determined by the Committee. Page 21 Section 8. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other Residences in the Subdivision, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 9. Exclusions. Plans and specifications for Residences constructed by Declarant shall not be reviewed by the Committee. Section 10. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 11. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. All structures and improvements shall comply with the provisions of the applicable building code relating to height restrictions, setback requirements, drainage easements and other easements and/or restrictions. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 12. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Page 22 Section 13. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. ARTICLE XII BUILDING AND LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for single family residential purposes and related facilities normally incidental to a residential community, except as allowed by Section 4 below, however, no single family residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair Housing Act. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Business. No trade, craft, home business, professions, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful enjoyment of any part of the Subdivision, shall be conducted or carried on upon any Lot or within any building located within the Subdivision. All businesses must comply with any applicable City regulations and ordinances. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. This provision shall not apply to the Declarant during the Development Period, including the home construction period. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Page 23 Section 7. Animals. No animals, other than dogs, cats, small caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot, provided they are not kept, bred, or maintained for a commercial purpose and they do not unreasonably interfere with the use and enjoyment of any part of the Properties. Dogs shall not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Dog runs, kennels, enclosures to be built must be submitted to the Committee for approval. Consistent with the City of Renton's leash law, pets shall be registered, licensed and inoculated from time to time as required by King County or any applicable law. Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition. Section 9. Rental and Leasing. The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting less than the entire Lot or improvements thereon unless otherwise approved by the Board of Directors. All leases and rental agreements shall be in writing and shall specify that it is subject to this Declaration, the Articles and Bylaws and Rules and Regulations. If a lease or rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and Regulations, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and Regulations shall be enforceable against the tenant/lessee and the Owner. If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner of the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article, there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or home. Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices. There shall be no permanent and/or temporary storage of goods, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein Page 24 shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self- propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) "Garage Parking Spaces" shall mean the number of parking spaces within a garage attached to a Residence equal to the number of garage doors on the garage. A double wide garage door shall count as two (2) Garage Parking Spaces. All Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway of any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four (24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-of-way adjoining any Lot; (iv) No Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way; and (v) Owners who have visiting guests intending to stay shall be allowed to park their Passenger Vehicle either in the Garage Parking Space or upon the driveway. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not moved the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices within the required time period the Association may have the goods, equipment, or devices removed; assess the Owner daily fines until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 11. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected, as provided for in Article XI. The Declarant or Committee, if selected, shall determine if the general building and land use restrictions are met. The Declarant may prepare residential Design Guidelines which may contain guidelines in addition to those set forth herein. During the Development Period, Declarant shall have the sole authority to amend the general building and land use restrictions set forth Page 25 herein and any Design Guidelines, consistent with the land use restrictions and conditions of Plat approval. Section 12. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement Section 13. Protection of Trees. Owners shall not cut down trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. Section 14. Fences. No fences shall be erected without the prior written approval of the Committee. Fences shall be allowed on a Lot and its location shall be subject to easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and the Design Guidelines established by the Declarant, if any, and prior written approval of the Committee. Each Lot Owner shall be responsible for the continued maintenance and repair of any fence on its Lot. Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Section 16. Accessory Structures. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot Permitted accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds, woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design, materials, and location on the Lot by the Committee. The Committee may refuse to approve an accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance to the Subdivision or other homes. The location of an accessory building shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the home. The Committee may require visual screening of accessory buildings from adjacent Lots. All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements, drainage easements and other easements of buffers; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Building Code because of a change in the Building Code. Section 17. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent Page 26 Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during the construction and sale period. Declarant's signs may include project marketing signs, directional signs and model home signs. Political signs may not be displayed more than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Rights of Way owned or maintained by the Homeowners Association. Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be constructed, erected, or maintained upon any Lot without the prior written consent of the Committee. The Committee may disallow any or all pools or spas in their sole discretion and shall have the authority to establish rules governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. The installation of any such facility shall be in accordance with the plans approved by the Committee in addition to all local and state building ordinances and use of such facility shall be in strict compliance with the conditions of approval set down by the Committee. Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the building of a Lot, unless the lines and wires shall be underground or in conduit attached to a building. No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Section 20. Gardens, Play Equipment. Sport Courts, Pools. Spas and Basketball Standards. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the Residence or in the garage. Any violation of these restrictions may result in the removal of such device. The Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Section 21. Decks and Patios. The Committee may require screening such as skirting for decks which extend four (4) feet or more off the ground. Section 22. Holiday Displays and other Exterior Adornments. All holiday displays and decorations must be removed within two (2) weeks of the end of the pertinent holiday. No displays or decorations may be installed earlier than six (6) weeks before the pertinent holiday. Section 23. Flag and Flag Poles. Any display of the flag of the United States by an Owner must be displayed in a manner consistent with the federal flag display law 4 U.S.C. Sec. 1 et sec. The Committee shall review and approve the placement and manner of display of the flag and the Committee shall review and approve the location and size of a Page 27 flagpole used for the display of the United States flag. Flag poles used by Declarant on the Properties to advertise the Subdivision shall be allowed. Section 24. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. Section 25. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by the City of Renton in force at the commencement of the construction, including the latest revisions thereof. Section 26. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, except in cases of emergency, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 27. Contractor. No home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington and the prior written approval of the Committee. Section 28. Fines. In the event a Lot Owner violates any of the covenants, conditions and/or restrictions set forth in this document, the Association has the right to assess fines for said violations. The Board of Directors shall adopt Rules and Regulations which shall set forth the fines for violations of any of the covenants, conditions and/or restrictions set forth in this document. The Board of Directors may choose to pursue legal channels to gain injunctive relief and any associated legal expenses will be added to the fines. Such fines shall be collectible in the same manner as assessments and any remedies available for the collection of assessments shall also be available for the collection of fines. Section 29. Construction and Sale Period. So long as Declarant owns any property in the Subdivision for development and/or sale, the restrictions set forth in this article shall not be applied or interpreted as to prevent, hinder or interfere with development, construction or sales activities of Declarant or any builder or developer approved by Declarant. Section 30. Exterior Lighting. Lot Owners are prohibited from installing exterior security or flood type lighting to the rear or sides of their house, patio/ decks or other structure which face the abutting neighboring properties and produce a lighting nuisance as determined by the Association. Decorative low-voltage landscape lighting and builder- installed lighting are acceptable. Page 28 ARTICLE XIII GENERAL PROVISIONS Section 1. Covenants Running with the Land. Tre covenants, conditions, and restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Amendment of Declaration. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing. In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of members representing sixty percent (60%) of the total votes in the Association, and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 8 of this Article. Notwithstanding the above, no amendment to this Declaration involving the responsibility to maintain the Common Maintenance Areas may be made without the prior written approval of the City of Renton. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is Page 29 sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the right to determine the number and location of any Lots within the other parcels. If any Other Parcels are added to the Properties, all of the Other Parcels shall be governed by this Declaration. The character of the improvements which may be later added to the Properties on other parcels shall be compatible with improvements already existing on the Properties; provided, however, that Declarant may develop the other parcels for any lawful purpose that is allowed by applicable laws and regulations. All easements for ingress, egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Other Parcels. During the Development Period, the addition of Other Parcels to the Properties shall occur when the Declarant files for record an amendment to this Declaration legally describing the Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time Other Parcels are added to the Properties only to the extent the total number of votes is increased by the number of Lots added, and the percentage which one vote bears to the total is thus diminished. Section 9. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or Rules and Regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Page 30 Section 10. Limitation of Liability. So long as a Director, Officer, Committee member, Association agent, or Declarant acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such person, then no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, provided that this Section shall not apply where the consequences of such act, omission, error negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. Section 11. Indemnification. Each Director, Officer, Committee member, and Declarant shall be indemnified by the Association, including the Lot Owners, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hand(s) and seal(s) this day of , 20_. DECLARANT ALBACORE ACH, LLC, a Washington limited liability company By _____________ _ Its ________ _ STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this __ day of , 20_, before me, the undersigned, a notary public in and for the State of Washington, personally appeared --------' of ALBACORE ACH, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for Page 31 the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at (Print Name) My Commission Expires: ____ _ Page 32 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel A: LOT B OF KING COUNTY TESTAMENTARY DIVISION NO. L08M0034, RECORDED AUGUST 12, 2008 UNDER RECORDING NO. 20080812900004, KING COUNTY, WASHINGTON. BEING NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M , KING COUNTY WASHINGTON LESS NORTH 100 FEET OF THE WEST 440 FEET. Parcel B: PARCEL B OF CITY OF RENTON (NIPERT) LOT LINE ADJUSTMENT NO. LUA14- 000250 RECORDED JUNE 04, 2014 UNDER RECORDING NO. 20140604900004, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON. Page 33 I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to THE ENCLAVE AT BRIDLE RIDGE HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 10/7/2015 UBI Number: 603-554-566 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital ~«ft-- Kim Wyman. Secretary of State Date Issued: 10/28/2015 ~j~ First American Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-2614173 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE UMITS OF LIABIUTY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES ACH Homes, LLC Ci;~: c-:: .\ l v <". /'J ~.-'.-l'.1../\• j -, • .,.' • :> A\!"li",'t~ -;·•i;::,· the Assured named in Schedule A against actual monetary loss or damage not exceeding tlie lial:ltrit'f staWd in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company flr/d,tC 1Jen01~ J. G1tmor~ President Jeffre'J' S. Robin~on se,crernry This jacket was created electronically and constitutes an original document rorm 5003353 (7-1-14) IPage 2 of9 ·rrantee Number: 2614173 -'----------'-----------I -CLTA #14 Sulldivision Guarantee (4-10-75)1 -~----------·---Washington1 ' SCH EDU ___ F EXCLUSIONS FROM COVERAGE OF TH _ UARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under(!), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes 1 ways or watery.,,ays to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (!) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. ( c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all CLTA #14 Subdivision Guarantee (4-10-75)! Washington! GUA rEE CONDITIONS AND STIPULATIONS ( :inued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the opfion to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by I Form 5003353 (7-1-14) rage 4 of 9 Fantee Number: 2614173 . I CLTA #14 Subdivision Guarantee (4-10-75)1 ~---------~-----------------·J._..... Washington 1 GUA rEE CONDITIONS AND STIPULATIONS ( tinued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If recuested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the 1itle Insurance Arbitration Rules of the American Limd litle Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of etther the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices recuired to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707 Claims.NIC@firstam.com Phone: 888-632- 1642 Fax: 877-804-7606 First American Title -----··--page Form 5003353 (7-1-14) rage 5 of9 ____ .,f __ u_a_ra_n_t~-Number: 2614173 / CLTA #14 Subdivision Guarantee (4-10-75)1 Washington 4 \ ~ .. (•I ~ First American - Subdivision Guaran ISSUED BY Schedule A First American Title Insurance Company GUARANTEE NUMBER 2614173 Order No.: 2614173 Liability: $2,000.00 Name of Assured: ACH Homes, LLC Date of Guarantee: April 04, 2016 The assurances referred to on the face page hereof are: 1. Title is vested in: Albacore Ach, LLC, a Washington Limited Liability Company Fee: $350.00 Tax: $33.60 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. arm 5003353 (7-1·14) IPage 6 of9 ruarantee Number: 2614173 · CLTA #14 Subdivision Guarantee (4-10-75~ Washingtonj ~ First American Subdivision Guaran ISSUED BY Schedule B First American Title Insurance Company GUARANTEE NUMBER 2614173 RECORD MATTERS 1. General Taxes for the year 2016. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305902306 1st Half Amount Billed: $ 2,772.78 Amount Paid: $ 0.00 Amount Due: $ 2,772.78 Assessed Land Value: $ 416,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 2,772.77 Amount Paid: $ 0.00 Amount Due: $ 2,772.77 Assessed Land Value: $ 416,000.00 Assessed Improvement Value: $ 0.00 Affects: Parcel A 2. General Taxes for the year 2016. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 142305912206 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 1st Half $ 2,766.65 $ 0.00 $ $ $ 2,766.65 416,000.00 0.00 2nd Half $ 2,766.64 $ 0.00 $ 2,766.64 $ 416,000.00 $ 0.00 Parcel B 3. Taxes which may be assessed and extended on any subsequent roll for the tax year 2016, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 4. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of City of Renton as disclosed by instrument recorded under recording no. 20091105000541. IForm 5003353 (7-1-14) IPage 7 of9 __ _ fuarantee Number: 2614173 [ ·------CLTA #14 Subdivision Guarantee (4-10-75)1 ___ . Washington 1 Affects Parcel B 5. Deed of Trust and the terms and conditions thereof. Grantor{Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Albacore Ach, LLC, a Washington limited liability company U.S. Bank National Association d/b/a Housing Capital Company U.S Bank Trust Company, National Association $5,347,500.00 October 28, 2015 20151028001161 6. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by King County Testamentary Division No. L08M0034 recorded under recording number 20080812900004. 7. Terms, covenants, conditions, restrictions, easements, boundary discrepancies and encroachments as contained in recorded Lot Line Adjustment (Boundary Line Revisions): 8. Recorded: June 04, 2014 Recording Information: 20140604900004 Affects Parcel B Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: December 18, 2015 20151218000251 Puget Sound Energy, Inc., a Washington corporation Electric and/or gas transmission and/or distribution system Informational Notes, if any Form 5003353 (7-1-14) Page 8 of9 -(Gt----------T I uarantee Number: 2614173 CLTA #14 Subdivision Guarantee (4-10-75); Washingtonl -----·---·-····"·"---··--------.. ---.. ·-·----,--------···-····--·····-·-·--·-·-·-··--······-···-·············· ,,, ..... ~~,l -~ First American Subdivision Guarantee ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 2614173 The land in the County of King, State of Washington, described as follows: PARCEL A: LOT B OF KING COUNTY TESTAMENTARY DIVISION NO. L08M0034, RECORDED AUGUST 12, 2008 UNDER RECORDING NO. 20080812900004, IN KING COUNTY, WASHINGTON, BEING NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY WASHINGTON; LESS NORTH 100 FEET OF THE WEST 440 FEET. PARCEL B: PARCEL B OF CITY OF RENTON (NIPERT) LOT LINE ADJUSTMENT NO. LUA14·000250 RECORDED JUNE 04, 2014 UNDER RECORDING NO. 20140604900004, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON. ]Form 5003353 (7·1-14) !Page 9 of9 fuarantee Number: 2614173-···· .··r. CLTA #14 Subdivision Guarantee (4·10·75)1 Washingto3 First American First American Title Insurance Company April 08, 2016 Justin Lagers ACH Homes, LLC 9675 SE 36th Street, Suite 105 Mercer Island, WA 98040 Phone: (206)588-1147 Fax: (206)588-0954 Title Officer: Phone: Fax No.: E-Mail: Order Number: Escrow Number: Buyer: Owner: Property: 818 Stewart St, Ste 800 Seattle, WA 98101 Kristi Math is (206)615-3206 (866)859-0429 kkmathis@firstam.com 2614173 2614173 14038 156th Ave SE Renton, Washington 98059 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! F°°3353 (7-1-14) Jage 1 of9 _____________ fuarantee Number: 26-l-41_7_3 ___ _,__ ___ c_LT_A_#_l_4-_Su_bd __ iv-is-io-_n_G_ua_,a_nt_e~-~_:_~in--'O~-;;~~i THE ENCLAVE AT BRIDLE RIDGE FINAL PLAT LOT CLOSURES DRS PROJECT NO. 13117 PREPARED BY SJS 5/18/15 D.R. STRONG CONSUL TING ENGINEERS 620 7TH AVENUE KIRKLAND, WA. 98033 RECEIVED CITY OF RENTON PLANNING DIVISION ~ot Report Mon May 18 10:41:32 ~ot File: R:\2013\1\13117\2\Carlson\Plat-Map Checks.lot :Ro File: R:\2013\1\13117\2\Carlson\13177.crd ~OT SUB-1 0 NT# Bearing L00018 OF BLOCK 1, TYPE: LOT Distance Northing 178095.548 L00019 L00020 L00021 ;00018 s 00°21'36" w N 88°17'43" W N 00°25'10" E S 87°57'44" E 1311.87 1307.65 1319.43 1306.48 176783.707 176822.607 178142.005 178095.548 Easting Station 1321832.564 0.00 1321824.321 1311.87 1320517.251 2619.52 1320526.909 3938.95 1321832.564 5245.43 :losure Error Distance> 0.0052 Error Bearing> N 12°10'12'' E :losure Precision> 1 in 1014866.0 Total Distance> 5245.43 ,OT AREA: 1719058 SQ FT OR 39.5 ACRES Page 1 of 62 aOT SUB-2 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station _00019 176783.707 1321824.321 0.00 s 00°21'36" w 1311.87 00022 175471.866 1321816.078 1311.87 N 88°37'40" w 1308.86 00023 175503.210 1320507.594 2620.73 N 00°25'10" E 659.72 _00024 176162.909 1320512.422 3280.44 N 00°25'10" E 659.72 00020 176822.607 1320517.251 3940.16 s 88°17 '43" E 1307.65 .00019 176783.707 1321824.321 5247.81 :losure Error Distance> 0.0018 Error Bearing> s 39°43'57" w :losure Precision> 1 in 1096183.4 Total Distance> 5247.81 ,OT AREA: 1720852 SQ FT OR 39.5 ACRES Page 2 of 62 ;oT SUB-3 'NT# Bearing L00023 OF BLOCK 1, TYPE: LOT Distance Northing 175503.210 L00025 _00026 _00024 _00023 N 88°37'40" W N 00°26'56" E S 88°27'42" E s 00°25'10" w 654.43 661. 61 654.12 659.72 175518.882 176180.470 176162.909 175503.210 Easting 1320507.594 Station 0.00 1319853.351 654.43 1319858.535 1316.04 1320512.422 1970.16 1320507.594 2629.88 :losure Error Distance> 0.0044 Error Bearing> N 76°39'40'' E :losure Precision> 1 in 602888.5 Total Distance> 2629.88 ,OT AREA: 432187 SQ FT OR 9. 9 ACRES Page 3 of 62 aOT SUB-4 'NT# Bearing _00025 OF BLOCK 1, TYPE: LOT Distance Northing 175518.882 l03 _00027 i04 00025 N 88°37'40" W N 00°28'41" E S 88°27'42" E s 00°26'56" w 654.43 663.50 654.13 661.61 175534.554 176198.031 176180.470 175518.882 Easting Station 1319853.351 0.00 1319199.109 654.43 1319204.645 1317.93 1319858.534 1972.06 1319853.351 2633.66 :losure Error Distance> 0.0047 Error Bearing> N 72°11'30'' W :losure Precision> 1 in 560148.6 Total Distance> 2633.66 ,OT AREA: 433429 SQ FT OR 10.0 ACRES Page 4 of 62 sOT SUB-5 OF BLOCK 1, TYPE: LOT Distance Northing 176198.031 'NT# Bearing .00028 .00029 .00030 i04 .00028 N 00°28'41" E S 88°17'43" E s 00°26'56" w N 88°27'42" W 663.50 653.83 661.61 654.13 176861. 508 176842.058 176180.470 176198.031 Easting Station 1319204.645 0.00 1319210.181 663.50 1319863.718 1317.33 1319858.534 1978.93 1319204.645 2633.06 :losure Error Distance> 0.0029 Error Bearing> N 21°25'31" E :losure Precision> 1 in 901168.3 Total Distance> 2633.06 ,OT AREA: 433205 SQ FT OR 9.9 ACRES Page 5 of 62 aOT SUB-6 'NT# Bearing _00029 OF BLOCK 1, TYPE: LOT Distance Northing 176861.508 _00031 .00021 00020 i02 _00029 N 00°28'41" E S 87°57'44" E S 00°25'10" W N 88°17'43" W N 88°17'43" W 1327.00 1306.48 1319.43 653.82 653.83 178188.462 178142.005 176822.607 176842.057 176861.508 Easting Station 1319210.181 0.00 1319221.253 1327.00 1320526.909 2633.48 1320517.251 3952.91 1319863.718 4606.74 1319210.181 5260.56 :losure Error Distance> 0.0058 Error Bearing> S 52°20'14" E :losure Precision> 1 in 899514.3 Total Distance> 5260.56 ,OT AREA: 1728990 SQ FT OR 39.7 ACRES Page 6 of 62 ~ot Report Mon May 18 11:04:20 ~ot File: R:\2013\1\13117\2\Carlson\Plat-Map Checks.lot :RD File: R:\2013\1\13117\2\Carlson\13177.crd ;oT BLOCK-1 )NT# Bearing L00027 OF BLOCK 1, TYPE: LOT Distance Northing 176198.031 L00032 L00033 .00029 _00017 i O 9 .00126 i04 .00034 .00027 N 00°28'41" E N 00°28 '41" E N 00°28'41" E S 88°17'43" E S 88°17'43" E S 88°17'43" E S 00°26'56" W N 88°27'42" W N 88°27'42" W 236.90 283.07 143.53 35.51 259.46 358.86 661. 61 624.12 30.01 176434.925 176717.980 176861.508 176860.452 176852.733 176842.057 176180.470 176197.225 176198.031 Easting Station 1319204.645 0.00 1319206.622 236.90 1319208.983 519.97 1319210.181 663.50 1319245.673 699.01 1319505.020 958.47 1319863.718 1317.33 1319858.534 1978.93 1319234.639 2603.05 1319204.645 2633.06 :losure Error Distance> 0.0128 Error Bearing> N 05°10'10'' E :losure Precision> 1 in 206166.5 Total Distance> 2633.06 ,OT AREA: 433205 SQ FT OR 9.9 ACRES Page 1 of 2 ;ot Report ;ot File: R:\2013\1\13117\2\Carlson\Plat-Map Checks.lot :RD File: R:\2013\1\13117\2\Carlson\13177.crd ,OT BOUNDARY OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting iO 9 176852.733 1319505.020 s 88°17'43" E 358.86 502 176842.057 1319863.718 s 00°26'56" w 661.61 i O 4 176180.470 1319858.534 N 88°27'42" w 624.12 _00034 176197.225 1319234.639 N 00°28'41" E 565.84 _00015 176763.048 1319239.361 s 89°31'46" E 5.50 Mon May 18 11:16:29 Station 0.00 358.86 1020.46 1644.58 2210.43 _00014 176763.003 1319244.858 2215.92 Radius: 20.00 Length: 21.97 Chord: 20.88 Delta: 62°55'53" Chord BRG: S 30°59'43'' E Rad-In: S 89°31'46'' E Rad-Out: N 27°32'21'' E Radius Pt: 100013 176762.839,1319264.857 Tangent: 12.24 Dir: Left Tangent-In: S 00°28'14'' W Tangent-Out: S 62°27'39'' E Non Tangential-In Non Tangential-Out .00012 176745.105 1319255.610 2237.89 .00011 i09 S 88°18'10" E N 01°42'17" E 246.10 114.97 176737.816 176852.733 1319501.600 2483.99 1319505.020 2598.96 :losure Error Distance> 0.0091 Error Bearing> N 67°09'49'' W :losure Precision> 1 in 284964.8 Total Distance> 2598.96 ,OT AREA: 383127 SQ FT OR 8. 8 ACRES Page 1 of 2 ~ot Report Mon May 18 11:27:35 ~ot File: R:\2013\1\13117\2\Carlson\Plat-Map Checks.lot :Ro File: R:\2013\1\13117\2\Carlson\13177.crd ~OT ROW-BLK-1 0 NT# Bearing [00015 OF BLOCK 1, TYPE: LOT Distance Northing 176763.048 S 89°31'46" E 5.50 Easting 1319239.361 Station 0.00 L00014 176763.003 1319244.858 5.50 Radius: 20.00 Length: 21.97 Chord: 20.88 Delta: 62°55'53" Chord BRG: S 30°59'43" E Rad-In: S 89°31'46" E Rad-Out: N 27°32'21" E Radius Pt: 100013 176762.839,1319264.857 Tangent: 12.24 Dir: Left Tangent-In: S 00°28'14'' W Tangent-Out: S 62°27'39'' E Non Tangential-In Non Tangential-Out L00012 176745.105 1319255.610 27.46 s 88°18'10" ,00011 s 01°42'17" .00036 s 88°17 '43" .00037 s 88°17'43" .00038 s 88°17'43" .00039 E 246.10 w 2.03 E 70.00 E 70.00 E 26.66 176737.816 176735.785 176733.702 176731.620 176730.827 1319501.600 273.56 1319501.539 275.59 1319571.508 345.59 1319641.477 415.59 1319668.127 442.26 Radius: 81.50 Length: 29.28 Chord: 29.13 Delta: 20°35'13" Chord BRG: S 78°00'07'' E Rad-In: S 01°42'17" W Rad-Out: S 22°17'30'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 14.80 Dir: Right Tangent-In: S 88°17'43" E Tangent-Out: S 67°42'30" E Tangential-In Tangential-Out .00041 176724.772 1319696.617 471.54 Radius: 81.50 Length: 33.21 Chord: 32.98 Delta: 23°20'43" Chord BRG: S 56°02'09'' E Rad-In: S 22°17'30'' W Rad-Out: S 45°38'13'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 16.84 Dir: Right Tangent-In: S 67°42'30" E Tangent-Out: S 44°21'47'' E Tangential-In Tangential-Out .00042 176706.348 1319723.968 504.75 Radius: 81.50 Length: 30.17 Chord: 30.00 Delta: 21°12'41'' Chord BRG: S 33°45'26'' E Rad-In:_ S 45°38'13'' W Rad-Out: S 66°50'54'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 15.26 Dir: Right Tangent-In: S 44°21'47" E Tangent-Out: S 23°09'06" E Tangential-In Tangential-Out .00043 176681.406 1319740.639 534.92 Radius: 81.50 Length: 33.57 Chord: 33.33 Delta: 23°36'02'' Chord BRG: S 11°21'05'' E Rad-In: S 66°50'54'' W Rad-Out: N 89°33'04" W Radius Pt: 100040 176649.363,1319665.702 Tangent: 17.03 Dir: Right Tangent-In: S 23°09'06'' E Tangent-Out: S 00°26'56'' W Tangential-In Tangential-Out 00044 176648.724 1319747.200 568.49 s 00°26'56" .00045 s 00°26'56" .00046 s 00°26'56" .00047 w 15.76 w 70.00 w 70.00 176632.965 176562.967 176492.969 Page 1 of 4 1319747.076 584.25 1319746.528 654.25 1319745.979 724.25 L00048 ,00049 .00050 s 00°26'56" W s 00°26'56" w S 00°26'56" W 7u.OO 70.00 70.00 S 00°26'56'' W 8.49 176422.971 176352.973 176282.975 1319745.431 794.25 1319744.882 864.25 1319744.334 934.25 .00051 176274.490 1319744.268 942.74 Radius: 123.50 Length: 67.02 Chord: 66.20 Delta: 31°05'29" Chord BRG: S 15°05'49'' E Rad-In: S 89°33'04'' E Rad-Out: N 59°21'27'' E Radius Pt: 100052 176273.522,1319867.764 Tangent: 34.36 Dir: Left Tangent-In: S 00°26'56" W Tangent-Out: S 30°38'33" E Tangential-In Tangential-Out .00053 176210.576 1319761.509 1009. 75 .00054 .00055 S 30°38'33" E N 88°27'42" W N 88°27'42" W 32.48 31. 31 31. 31 176182.631 176183.472 1319778.063 1042.23 1319746.765 1073.54 .00056 176184.312 1319715.468 1104.85 Radius: 176.50 Length: 94.91 Chord: 93.77 Delta: 30°48'33'' Chord BRG: N 14°57'21" W Rad-In: N 59°38'23" E Rad-Out: S 89°33'04" E Radius Pt: 100052 176273.522,1319867.764 Tangent: 48.63 Dir: Right Tangent-In: N 30°21'37'' W Tangent-Out: N 00°26'56'' E Non Tangential-In Tangential-Out .00057 176274.905 1319691.269 1199.76 N 00°26'56" E 4.03 00058 176278.937 1319691.301 1203.79 N 00°26'56" E 95.46 .00059 176374.396 1319692.049 1299.25 Radius: 20.00 Length: 30.98 Chord: 27.97 Delta: 88°44'39'' Chord BRG: N 43°55'23'' W Rad-In: N 89°33'04" W Rad-Out: S 01°42'17'' W Radius Pt: 100060 176374.552,1319672.049 Tangent: 19.57 Dir: Left Tangent-In: N 00°26'56" E Tangent-Out: N 88°17'43" W Tangential-In Tangential-Out 00061 176394.543 1319672.644 1330.23 . 0 00 62 .000 63 .00064 .00065 .00066 N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W 60.45 73.03 75.00 70.00 70.00 62.03 176396.342 176398.514 176400.745 176402.828 176404.910 1319612.218 1390.68 1319539.220 1463.71 1319464.257 1538.71 1319394.288 1608.71 1319324.319 1678.71 00067 176406.756 1319262.317 1740.74 Radius: 20.00 Length: 31.84 Chord: 28.59 Delta: 91°13'36" Chord BRG: S 46°05'29" W Rad-In: S 01°42'17'' W Rad-Out: S 89°31'19'' E Radius Pt: 100068 176386.764,1319261.722 Tangent: 20.43 Dir: Left Tangent-In: N 88°17'43" W Tangent-Out: S 00°28'41" W Tangential-In Tangential-Out .00069 176386.931 1319241.722 1772.58 S 00°28'41" W 94.59 .00070 176292.341 Page 2 of 4 1319240.933 1867.18 s 00°28'41" w 9::,. 27 .00071 176197.078 1319240.138 1962.44 N 88°27'42" w 5.50 .00034 176197.225 1319234.639 1967.94 N 00°28'41" E 565.84 .00015 176763.048 1319239.361 2533.79 :lo sure Error Distance> 0.0127 Error Bearing> N 21°57'57'' w :lo sure Precision> 1 in 199388.9 Total Distance> 2533.79 ,OT AREA: 183088 SQ FT OR 4.2 ACRES Page 3 of 4 JOT ROW-BLK-2 )NT# Bearing L00072 OF BLOCK 1, TYPE: LOT Distance Northing 176479.949 L00073 N 00°28'41" E N00°28'4l"E 95.45 94.59 176575.396 Easting Station 1319242.499 0.00 1319243.295 95.45 L00074 176669.986 1319244.084 190.04 Radius: 20.00 Length: 31.84 Chord: 28.59 Delta: 91°13'36'' Chord BRG: N 46°05'29'' E Rad-In: S 89°31'19" E Rad-Out: S 01°42'17'' W Radius Pt: 100075 176669.819,1319264.084 Tangent: 20.43 Dir: Right Tangent-In: N 00°28'41" E Tangent-Out: S 88°17'43'' E Tangential-In Tangential-Out .00076 176689.811 1319264.679 221.89 .00077 .00078 .00079 .00080 .00081 S 88°17'43" E S 88°17'43" E S 88°17'43" E S 88°17'43" E S 88°17'43" E S 88°17'43" E 64.53 70.00 70.00 70.00 75.50 52.02 176687.891 176685.808 176683.726 176681.644 176679.398 1319329.180 286.42 1319399.149 356.42 1319469.118 426.42 1319539.087 496.42 1319614.553 571.92 .00082 176677.850 1319666.550 623.94 Radius: 28.50 Length: 44.14 Chord: 39.86 Delta: 88°44'39" Chord BRG: S 43°55'23" E Rad-In: S 01°42'17'' W Rad-Out: N 89'33'04'' W Radius pr· 100040 176649.363,1319665.702 Tangent: 27.88 Dir: Right Tangent-In: S 88°17'43'' E Tangent-Out: S 00°26'56'' W Tangential-In Tangential-Out .00083 176649.139 1319694.201 668.08 .00084 S 00°26'56" W S 00°26'56" W 87.15 94.58 176561.997 1319693.518 755.23 .00085 176467.415 1319692.777 849.81 Radius: 20.00 Length: 31.85 Chord: 28.59 Delta: 91 °15'21" Chord BRG: S 46°04'37'' W Rad-In: N 89°33'04'' W Rad-Out: N 01°42'17'' E Radius Pt: 100086 176467.572,1319672.778 Tangent: 20.44 Dir: Right Tangent-In: S 00°26'56" W Tangent-Out: N 88°17'43" W Tangential-In Tangential-Out .00087 176447.581 1319672.183 881.66 .00088 .00089 .00090 .00091 .00092 .00093 N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W N 88°17'43" W 64.50 75.50 70.00 70.00 70.00 60. 4 6 176449.499 176451.745 176453.828 176455.910 176457.993 1319607.711 946.16 1319532.244 1021.66 1319462.275 1091.66 1319392.306 1161.66 1319322.337 1231.66 176459.791 1319261.903 1292.13 Page 12 of 62 Radius: 20.00 Length: 30.99 Chord: 27.98 Delta: 88°46'24" Chord BRG: N 43°54'31" W Rad-In: N 01°42'17" E Rad-Out: S 89°31'19'' E Radius Pt: 100094 176479.782,1319262.498 Tangent: 19.58 Dir: Right Tangent-In: N 88°17'43'' W Tangent-Out: N 00°28'41'' E Tangential-In L00072 176479.949 1319242.499 1323.11 :losure Error Distance> 0.0070 Error Bearing> S 73°15'04" W :losure Precision> 1 in 189028.7 Total Distance> 1323.11 ;oT AREA: 103169 SQ FT OR 2.4 ACRES Page 13 of 62 ~.ot Report ~ot File: R:\2013\1\13117\2\Carlson\Plat-Map Checks.lot :RD File: R:\2013\1\13117\2\Carlson\13177.crd ~OT CL-1 'NT# Bearing L00033 OF BLOCK 1, TYPE: LOT Distance Northing 176717.980 S 88°17'43" E 458.56 Easting 1319208.983 Mon May 18 11:38:31 Station 0.00 l00095 176704.338 1319667.338 458.56 Radius: 55.00 Length: 85.19 Chord: 76.92 Delta: 88°44'39" Chord BRG: S 43°55'23'' E Rad-In: S 01°42'17" W Rad-Out: N 89°33'04'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 53.81 Dir: Right Tangent-In: S 88°17'43'' E Tangent-Out: S 00°26'56'' W Tangential-In Tangential-Out .00096 176648.932 1319720.700 543.75 s 00°26'56" .00097 N 88°17'43" .00032 N 00°28'41" .00033 w 229.26 w 512.51 E 283.07 176419.678 176434.925 176717.980 1319718.904 773.01 1319206.622 1285.52 1319208.983 1568.58 :losure Error Distance> 0.0021 Error Bearing> N 55°48'22'' E :losure Precision> 1 in 732776.3 Total Distance> 1568.58 ,OT AREA: 144403 SQ FT OR 3.3 ACRES Page 1 of 2 ~OT CL-2 OF BLOCK 1, TYPE; LOT )NT# Bearing Distance Northing Easting Station L00032 176434.925 1319206.622 0.00 s 88°17'43" E 512.51 L00097 176419.678 1319718.904 512.51 s 00°26'56" w 144.99 l00098 176274.697 1319717.768 657.50 Radius: 150.00 Length: 81.40 Chord: 80.40 Delta: 31°05'29'' Chord BRG: S 15°05'49'' E Rad-In: S 89°33'04'' E Rad-Out: N 59°21'27'' E Radius Pt: 100052 176273.522,1319867.764 Tangent: 41.73 Dir: Left Tangent-In: S 00°26'56'' W Tangent-Out: S 30°38'33'' E Tangential-In Tangential-Out .00099 176197.070 1319738.709 738.89 s 30°38'33" E 15.80 .00055 176183.472 1319746.765 754.70 N ss 0 27 • 42" w 31. 31 .00056 176184.312 1319715. 468 786.00 N 88°27'42" w 136.97 .00100 176187.989 1319578.545 922.98 N 88°27'42" w 338.53 .00071 176197.078 1319240.138 1261.51 N 88°27'42" w 5.50 00034 176197.225 1319234.639 1267.01 N 88°27'42" w 30.01 .00027 176198.031 1319204.645 1297.01 N 00°28'41" E 236.90 .00032 176434.925 1319206.622 1533.91 :losure Error Distance> 0.0074 Error Bearing> N 88°52'13" E :losure Precision> 1 in 208693.7 Total Distance> 1533.91 ,OT AREA: 121897 SQ FT OR 2 . 8 ACRES Page 15 of 62 ;OT 1 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station l00037 176733.702 1319571.508 0.00 N 88°17'43" w 70.00 l00036 176735.785 1319501.539 70.00 N 01°42'17" E 117.00 iO 9 176852.733 1319505.020 187.00 s 88°17'43" E 70.00 .00101 176850.650 1319574.989 257.00 s 01°42'17" w 117.00 .00037 176733.702 1319571.508 374.00 :losure Error Distance> 0.0000 'otai Distance> 374.00 ,OT AREA: 8190 SQ FT OR 0.2 ACRES Page 16 of 62 ;QT 2 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station _00038 176731.620 1319641.477 0.00 N 88°17'43" w 70.00 .00037 176733.702 1319571.508 70.00 N 01°42'17" E 117.00 _00101 176850.650 1319574.989 187.00 s 88°17'43" E 70.00 _00102 176848.568 1319644.958 257.00 s 01°42'17" w 117.00 00038 176731.620 1319641.477 374.00 :losure Error Distance> 0.0000 cotal Distance> 374.00 ,OT AREA: 8190 SQ FT OR 0.2 ACRES Page 17 of 62 ,OT 3 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station L00041 176724.772 1319696.617 0.00 Radius: 81.50 Length: 29.28 Chord: 29.13 Delta: 20°35'13'' Chord BRG: N 78°00'07'' W Rad-In: S 22°17'30" W Rad-Out: S 01°42'17'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 14.80 Dir: Left Tangent-In: N 67°42'30'' W Tangent-Out: N 88°17'43'' W Non Tangential-In Tangential-Out 00039 176730.827 1319668.127 29.28 N 88°17'43" w 26.66 _00038 176731. 620 1319641.477 55.94 N 01°42'17" E 117.00 _00102 176848.568 1319644.958 172.94 s 88°17'43" E 95.66 _00103 176845.722 1319740.577 268.61 s 19°58'27" w 128.69 _00041 176724.772 1319696.617 397.30 :losure Error Distance> 0.0042 Error Bearing> s 58°59'48" E :losure Precision> 1 in 93602.0 Total Distance> 397.30 ,OT AREA: 8986 SQ FT OR 0.2 ACRES Page 18 of 62 ;oT 4 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station l00104 176772.059 1319863.169 0.00 N 89°33'04" w 87.46 l00105 176772.745 1319775.709 87.46 s 37°55'40" w 84.18 00042 176706.348 1319723.968 171.64 Radius: 81.50 Length: 33.21 Chord: 32.98 Delta: 23°20'43'' Chord BRG: N 56°02'09'' W Rad-In: S 45"38'13'' W Rad-Out: S 22°17'30'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 16.84 Dir: Left Tangent-In: N 44°21'47" W Tangent-Out: N 67°42'30" W Non Tangential-In Non Tangential-Out .00041 176724.772 1319696.617 204.85 N 19°58'27" .00103 s 88°17'43" i02 s 00°26'56" .00104 E 128.69 E 123.20 w 70.00 176845.722 176842.057 176772.059 1319740.577 333.54 1319863.718 456.73 1319863.169 526.73 :losure Error Distance> 0.0054 Error Bearing> N 45°58'38'' W :losure Precision> 1 in 97824.7 Total Distance> 526.73 ,OT AREA: 12566 SQ FT OR 0.3 ACRES Page 19 of 62 ,OT 5 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station 00106 176702.062 1319862. 621 0.00 N 89°33'04" w 101. 37 .00107 176702.856 1319761.252 101.37 s 43°51 '37" w 29.75 .00043 176681.406 1319740.639 131.12 Radius: 81.50 Length: 30.17 Chord: 30.00 Delta: 21°12'41'' Chord BRG: N 33°45'26" W Rad-In: S 66°50'54" W Rad-Out: S 45°38'13'' W Radius Pt: 100040 176649.363,1319665.702 Tangent: 15.26 Dir: Left Tangent-In: N 23°09'06" W Tangent-Out: N 44°21'47'' W Non Tangential-In Non Tangential-Out .00042 176706.348 1319723.968 161.29 N 37°55'40" E 84.18 .00105 176772. 745 1319775.709 245.47 s 89°33'04" E 87.46 00104 176772.059 1319863.169 332.93 s 00°26'56" w 70.00 .00106 176702.062 1319862.621 402.93 :losure Error Distance> 0.0025 Error Bearing> s 14°51'47" w :losure Precision> 1 in 159473.1 Total Distance> 402.93 ,OT AREA: 8345 SQ FT OR 0.2 ACRES Page 20 of 62 ,OT 6 'NT# Bearing _00108 OF BLOCK 1, TYPE: LOT Distance Northing 176632.064 _00045 N 89°33'04" W N 00°26'56" E 115.00 15.76 176632.965 Easting 1319862.073 Station 0.00 1319747.076 115.00 _00044 176648.724 1319747.200 130.76 Radius: 81.50 Length: 33.57 Chord: 33.33 Delta: 23°36'02'' Chord BRG: N 11°21'05" W Rad-In: N 89°33'04" W Rad-Out: S 66°50'54" W Radius Pt: 100040 176649.363,1319665.702 Tangent: 17.03 Dir: Left Tangent-In: N 00°26'56'' E Tangent-Out: N 23°09'06'' w Tangential-In Non Tangential-Out .00043 176681.406 1319740.639 164.33 N 43°51'37" E 29.75 .00107 176702.856 1319761. 252 194.08 s 89°33'04" E 101.37 .00106 176702.062 1319862.621 295.45 s 00°26'56" w 70.00 00108 176632.064 1319862.073 3 65. 4 5 :losure Error Distance> 0.0030 Error Bearing> N 17°16'32" E :losure Precision> 1 in 122736.6 Total Distance> 365.45 ,OT AREA: 804 9 SQ FT OR 0.2 ACRES Page 21 of 62 ,OT 7 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station _00109 176562.066 1319861.524 0.00 N 89°33'04" w 115.00 _00046 176562.967 1319746.528 115.00 N 00°26'56" E 70.00 _00045 176632.965 1319747.076 185.00 s 89°33'04" E 115.00 _00108 176632.064 1319862.073 300.00 s 00°26'56" w 70.00 _00109 176562.066 1319861.524 370.00 :losure Error Distance> 0.0000 '.otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 22 of 62 aOT 8 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting. Station _00110 176492.068 1319860.976 0.00 N 89°33'04" w 115.00 _00047 176492.969 1319745.979 115.00 N 00°26'56" E 70.00 _00046 176562.967 1319746.528 185.00 s 89°33'04" E 115.00 _00109 176562.066 1319861. 524 300.00 s 00°26'56" w 70.00 _00110 176492. 068 1319860.976 370.00 :lo sure Error Distance> 0.0000 '.otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 23 of 62 ,OT 9 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station 00111 176422.070 1319860.427 0.00 N 89°33'04" w 115.00 _00048 176422.971 1319745.431 115.00 N 00°26'56" E 70.00 _00047 176492.969 1319745.979 185.00 s 89°33'04" E 115.00 00110 176492.068 1319860.976 300.00 s 00°26'56" w 70.00 _00111 176422.070 1319860.427 370.00 :losure Error Distance> 0.0000 ~otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0. 2 ACRES Page 24 of 62 ~OT 10 OF BLOCK 1, TYPE: LOT )NT# Bearing Distance Northing Easting Station L00112 176352.072 1319859.879 0.00 N 89°33'04" w 115.00 L00049 176352.973 1319744.882 115.00 N 00°26'56" E 70.00 L00048 176422.971 1319745.431 185.00 s 89°33'04" E 115.00 LOOlll 176422.070 1319860.427 300.00 s 00°26'56" w 70.00 L00112 176352.072 1319859.879 370.00 :losure Error Distance> 0.0000 :otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 25 of 62 ;QT 11 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station ,00113 176282.074 1319859.330 0.00 N 89°33'04" w 115.00 .00050 176282.975 1319744.334 115.00 N 00°26'56" E 70.00 .00049 176352.973 1319744.882 185.00 s 89°33'04" E 115.00 .00112 176352.072 1319859.879 300.00 s 00°26'56" w 70.00 .00113 176282.074 1319859.330 370.00 :losure Error Distance> 0.0000 '.otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 26 of 62 ~OT 12 'NT# Bearing i O 4 OF BLOCK 1, TYPE: LOT Distance Northing 176180.470 L00054 N 88°27'42" W N 30°38'33" W 80.50 32.48 176182.631 Easting 1319858.534 Station 0.00 1319778.063 80.50 L00053 176210.576 1319761.509 112.98 Radius: 123.50 Length: 67.02 Chord: 66.20 Delta: 31°05'29'' Chord BRG: N 15°05'49'' W Rad-In: N 59°21'27'' E Rad-Out: S 89°33'04'' E Radius Pt: 100052 176273.522,1319867.764 Tangent: 34.36 Dir: Right Tangent-In: N 30°38'33'' W Tangent-Out: N 00°26'56'' E Tangential-In Tangential-Out .00051 176274.490 1319744.268 180.00 N 00°26'56" .00050 s 89°33'04" 00113 s 00°26'56" i04 E 8.49 E 115.00 w 101.61 176282.975 176282.074 176180.470 1319744.334 188.48 1319859.330 303.48 1319858.534 405.09 :losure Error Distance> 0.0028 Error Bearing> S 09°10'20" E :losure Precision> 1 in 142331.3 Total Distance> 405.09 ,OT AREA: 10478 SQ FT OR 0.2 ACRES Page 27 of 62 sOT 13 OF 'NT# Bearing _00056 N 88°27 '42" w _00114 N 01°42'17" E 00115 s 88°17'43" E _00058 s 00°26'56" w BLOCK 1, TYPE: Distance 136.97 94. 26 110.00 4.03 LOT Northing 176184.312 176187.990 176282.210 176278.937 Easting 1319715.468 1319578.545 1319581. 349 1319691.301 Station 0.00 136.97 231.23 341.23 00057 176274.905 1319691.269 345.27 Radius: 176.50 Length: 94.91 Chord: 93.77 Delta: 30°48'33'' Chord BRG: S 14°57'21'' E Rad-In: S 89°33'04'' E Rad-Out: N 59°38'23'' E Radius Pt: 100052 176273.522,1319867.764 Tangent: 48.63 Dir: Left Tangent-In: S 00°26'56" W Tangent-Out: S 30°21'37" E Tangential-In _00056 176184.312 1319715.468 440.17 :losure Error Distance> 0.0029 Error Bearing> N 81°29'08'' W :losure Precision> 1 in 152849.5 Total Distance> 440.17 ,OT AREA: 11170 SQ FT OR 0.3 ACRES Page 28 of 62 ,OT 14 OF 'NT# Bearing _00058 N 88°17'43" w _00116 N 01°42'17" E .00062 s 88°17'43" E _00061 BLOCK 1, TYPE: Distance 82.54 115.00 60.45 LOT Northing 176278.937 176281.393 176396.342 176394.543 Easting 1319691.301 1319608.797 1319612.218 Station 0.00 82.54 197.54 1319672.644 257.99 Radius: 20.00 Length: 30.98 Chord: 27,97 Delta: 88°44'39'' Chord BRG: S 43°55'23" E Rad-In: S 01°42'17" W Rad-Out: N 89°33'04" W Radius Pt: 100060 176374.552,1319672.049 Tangent: 19.57 Dir: Right Tangent-In: S 88°17'43'' E Tangent-Out: S 00°26'56'' W Tangential-In Tangential-Out .00059 176374.396 1319692.049 288.97 S 00°26'56" W 95.46 .00058 176278.937 1319691.301 384.43 :losure Error Distance> 0.0055 Error Bearing> S 54°34'07" E :losure Precision> 1 in 70294.6 Total Distance> 384.43 ,OT AREA: 9266 SQ FT OR 0.2 ACRES Page 29 of 62 ,OT 15 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station _00116 176281. 393 1319608.797 0.00 N 88°17'43" w 73.03 _0011 7 176283.565 1319535.799 73.03 N 01°42'17" E 115.00 _00063 176398.514 1319539.220 188.03 s 88°17'43" E 73.03 00062 176396.342 1319612.218 261.06 s 01°42'17" w 115.00 _00116 l 7 6281. 393 1319608.797 376.06 :losure Error Distance> 0.0000 '.otal Distance> 376.06 ,OT AREA: 8398 SQ FT OR 0-2 ACRES Page 30 of 62 ~OT 16 OF BLOCK 1, TYPE: LOT 0 NT# Bearing Distance Northing Easting Station L00117 176283.565 1319535.799 0.00 N 88°17'43" w 75.00 L00118 176285.796 1319460.836 75.00 N 01°42'17" E 115.00 L00064 176400.745 1319464.257 190.00 s 88°17'43" E 75.00 L00063 176398.514 1319539.220 264.99 s 01°42'17" w 115.00 '.00117 176283.565 1319535.799 379.99 :lo sure Error Distance> 0.0000 :otal Distance> 379.99 sOT AREA: 8625 SQ FT OR 0. 2 ACRES Page 31 of 62 ;oT 17 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00118 176285.796 1319460.836 0.00 N 88°17'43" w 70.00 ,00119 176287.879 1319390.867 70.00 N 01°42'17" E 115.00 .00065 176402.828 1319394.288 185.00 s 88°17'43" E 70.00 .00064 176400.745 1319464.257 255.00 s 01°42'17" w 115.00 .00118 176285.796 1319460.836 370.00 :losure Error Distance> 0.0000 "otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 32 of 62 ;oT 18 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station L00119 176287.879 1319390.867 0.00 N 88°17'43" w 70.00 L00120 176289.961 1319320.898 70.00 N 01°42'17" E 115.00 l00066 176404.910 1319324.319 185.00 s 88°17'43" E 70.00 L00065 176402.828 1319394.288 255.00 s 01°42'17" w 115.00 '.00119 176287.879 1319390.867 370.00 :losure Error Distance> 0.0000 :otal Distance> 370.00 aOT AREA: 8050 SQ FT OR 0.2 ACRES Page 33 of 62 ,OT 19 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00120 176289.961 1319320.898 0.00 N 88°17'43" w 80.00 .00070 176292.341 1319240.933 80.00 N 00°28'41" E 94.59 .00069 176386.931 1319241.722 174.59 Radius: 20.00 Length: 31.84 Chord: 28.59 Delta: 91°13'36'' Chord ERG: 'N 46°05'29'' E Rad-In: S 89°31'19" E Rad-Out: S 01°42'17" W Radius Pt: 100068 176386.764,1319261.722 Tangent: 20.43 Dir: Right Tangent-In: N 00°28'41'' E Tangent-Out: S 88°17'43'' E Tangential-In Tangential-Out .00067 176406.756 1319262.317 206.44 .00066 .00120 S 88°17'43" E S 01°42'17" W 62.03 115.00 176404.910 176289.961 1319324.319 268.47 1319320.898 383.47 :losure Error Distance> 0.0037 Error Bearing> N 84°24'23'' W :losure Precision> 1 in 104444.8 Total Distance> 383.47 ,OT AREA: 9251 SQ FT OR 0.2 ACRES Page 34 of 62 ,OT 20 'NT# Bearing .00092 OF BLOCK 1, TYPE: LOT Distance Northing 176457.993 N 88°17'43" W 60.46 Easting 1319322.337 Station 0.00 .00093 176459.791 1319261.903 60.46 Radius: 20.00 Length: 30.99 Chord: 27.98 Delta: 88°46'24" Chord BRG: N 43°54'31'' W Rad-In: N 01°42'17'' E Rad-Out: S 89°31'19'' E Radius Pt: 100094 176479.782,1319262.498 Tangent: 19.58 Dir: Right Tangent-In: N 88°17'43" W Tangent-Out: N 00°28'41" E Tangential-In Tangential-Out .00072 176479.949 1319242.499 91.45 N 00°28'41" E 95. 45 .00073 176575.396 1319243.295 186.90 s 88°17'43" E 82.50 .00121 176572.942 1319325.758 269.40 s 01°42'17" w 115.00 .00092 176457.993 1319322.337 384.40 :losure Error Distance> 0.0011 Error Bearing> S 89°00'44" w :losure Precision> 1 in 339552.9 Total Distance> 384.40 ,OT AREA: 9264 SQ FT OR 0.2 ACRES Page 35 of 62 ;OT 21 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station '.00091 176455.910 1319392.306 0.00 N 88°17'43" w 70.00 .00092 176457.993 1319322.337 70.00 N 01°42'17" E 115.00 '.00121 176572.942 1319325.758 185.00 s 88°17'43" E 70.00 ,00122 176570.859 1319395.728 255.00 s 01°42'17" w 115.00 .00091 176455.910 1319392.306 370.00 :lo sure Error Distance> 0.0000 :otal Distance> 370.00 aOT AREA: 8050 SQ FT OR 0.2 ACRES Page 36 of 62 ~OT 22 OF BLOCK 1, TYPE: LOT 0 NT# Bearing Distance Northing Easting Station L00090 176453.828 1319462.275 0.00 N 88°17'43" w 70.00 L00091 176455.910 1319392.306 70.00 N 01°42'17" E 115.00 L00122 176570.859 1319395.728 185.00 s 88°17'43" E 70.00 '.00123 176568.777 1319465.697 255.00 s 01°42'17" w 115.00 .00090 176453.828 1319462.275 370.00 :losure Error Distance> 0.0000 'otal Distance> 370.00 aOT AREA: 8050 SQ FT OR 0.2 ACRES Page 37 of 62 ,OT 23 OF BLOCK 1, TYPE: LOT )NT# Bearing Distance Northing Easting Station .00089 176451. 745 1319532.244 0.00 N 88°17'43" w 70.00 .00090 176453.828 1319462.275 70.00 N 01°42'17" E 115.00 .00123 176568.777 1319465.697 185.00 s 88°17'43" E 70.00 .00124 176566.695 1319535.666 255.00 s 01°42'17" w 115.00 .00089 176451.745 1319532.244 370.00 :losure Error Distance> 0.0000 'otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 38 of 62 aOT 24 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00088 176449.499 1319607.711 0.00 N 88°17'43" w 75.50 .00089 176451.745 1319532.244 75.50 N 01°42'17" E 115.00 00124 176566.695 1319535.666 190.50 s 88°17'43" E 75.50 .00125 176564.449 1319611.132 266.00 s 01°42'17" w 115.00 .00088 176449.499 1319607.711 381.00 :losure Error Distance> 0.0000 'otal Distance> 381.00 ,OT AREA: 8683 SQ FT OR 0.2 ACRES Page 39 of 62 ,OT 25 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00085 176467.415 1319692.777 0.00 Radius: 20.00 Length: 31.85 Chord: 28.59 Delta: 91°15'21" Chord BRG: S 46°04'37" W Rad-In: N 89°33'04" W Rad-Out: N 01°42'17" E Radius Pt: 100086 176467.572,1319672.778 Tangent: 20.44 Dir: Right Tangent-In: S 00°26'56" W Tangent-Out: N 88°17'43'' W Non Tangential-In Tangential-Out 00087 176447.581 1319672.183 31.85 N 88°17'43" w 64.50 00088 176449.499 1319607.711 96.35 N 01°42'17" E 115.00 00125 176564.449 1319611.132 211.35 s 88°17'43" E 82.42 .00084 176561.997 1319693.518 293.78 s 00°26'56" w 94.58 .00085 176467.415 1319692.777 388.36 :losure Error Distance> 0.0063 Error Bearing> s 03°41'40" E :losure Precision> 1 in 61876.0 Total Distance> 388.36 ,OT AREA: 9533 SQ FT OR 0.2 ACRES Page 40 of 62 ,OT 26 OF 'NT# Bearing .00084 N 88°17'43" w .00125 N 01°42'17" E .00081 s 88°17'43" E .0008?. BLOCK 1, TYPE: Distance 82.42 115.00 52.02 LOT Northing 176561. 997 176564.449 176679.398 176677.850 Easting 1319693.518 1319611.132 1319614.553 Station 0.00 82.42 197.42 1319666.550 249.44 Radius: 28.50 Length: 44.14 Chord: 39.86 Delta: 88°44'39" Chord BRG: S 43°55'23" E Rad-In: S 01°42'17" W Rad-Out: N 89°33'04" W Radius Pt: 100040 176649.363,1319665.702 Tangent: 27.88 Dir: Right Tangent-In: S 88°17' 43" E Tangent-Out: S 00°26' 56" W Tangential-In Tangential-Out .00083 176649.139 1319694.201 293.59 s 00°26'56" w 87.15 .00084 176561. 997 1319693.518 380.73 :losure Error Distance> 0.0045 Error Bearing> N 30°42'29" W :losure Precision> 1 in 83763.7 Total Distance> 380.73 ,OT AREA: 9168 SQ FT OR O. 2 ACRES Page 41 of 62 ,OT 27 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00125 176564.449 1319611.132 0.00 N 88°17'43" w 75.50 .00124 176566.695 1319535.666 75.50 N 01°42'17" E 115.00 .00080 176681. 644 1319539.087 190.50 s 88°17'43" E 75.50 .00081 176679.398 1319614.553 266.00 s 01°42'17" w 115.00 .00125 176564.449 1319611.132 381. 00 :losure Error Distance> 0.0000 :otal Distance> 381. 00 ,OT AREA: 8 683 SQ FT OR 0.2 ACRES Page 42 of 62 ;oT 28 OF BLOCK 1, TYPE: LOT )NT# Bearing Distance Northing Easting Station L00124 176566.695 1319535.666 0.00 N 88°17'43" w 70.00 l00123 176568.777 1319465.697 70.00 N 01°42'17" E 115.00 _00079 176683.726 1319469.118 185.00 s 88°17'43" E 70.00 _00080 176681.644 1319539.087 255.00 s 01°42'17" w 115.00 _00124 176566.695 1319535.666 370.00 :lo sure Error Distance> 0.0000 'otal Distance> 370.00 aOT AREA: 8050 SQ FT OR 0.2 ACRES Page 43 of 62 ,OT 29 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00123 176568.777 1319465.697 0.00 N 88°17 '43" w 70.00 .00122 176570.859 1319395.728 70.00 N 01°42'17" E 115.00 .00078 176685.808 1319399.149 185.00 s 88°17'43" E 70.00 .00079 176683.726 1319469.118 255.00 s 01°42'17" w 115.00 .00123 176568.777 1319465.697 370.00 :losure Error Distance> 0.0000 'otal Distance> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 44 of 62 ,OT 30 OF BLOCK 1, TYPE: LOT 'NT# Bearing Distance Northing Easting Station .00122 176570.859 1319395.728 0.00 N 88°17'43" w 70.00 00121 176572.942 1319325.758 70.00 N 01°42'17" E 115.00 00077 176687.891 1319329.180 185.00 s 88°17'43" E 70.00 .00078 176685.808 1319399.149 255.00 s 01°42'17" w 115.00 .00122 176570.859 1319395.728 370.00 :losure Error Distance> 0.0000 'otal Distan_ce> 370.00 ,OT AREA: 8050 SQ FT OR 0.2 ACRES Page 45 of 62 ;oT 31 OF 'NT# Bearing _00121 N 88°17'43" w _00073 N 00°28'41" E 00074 BLOCK 1, TYPE: LOT Distance Northing 176572.942 82.50 176575.396 94.59 176669.986 Easting 1319325.758 1319243.295 Station 0.00 82.50 1319244.084 177.09 Radius: 20.00 Length: 31.84 Chord: 28.59 Delta: 91°13'36" Chord BRG: N 46°05'29'' E Rad-In: S 89°31'19" E Rad-Out: S 01°42'17'' W Radius Pt: 100075 176669.819,1319264.084 Tangent: 20.43 Dir: Right Tangent-In: N 00°28'41" E Tangent-Out: S 88°17'43" E Tangential-In Tangential-Out .00076 176689.811 1319264.679 208.94 .00077 .00121 S 88°17'43" E S 01°42'17" W 64.53 115.00 176687.891 176572.942 1319329.180 273.47 1319325.758 388.47 :losure Error Distance> 0.0037 Error Bearing> N 84°24'23'' W :losure Precision> 1 in 105806.7 Total Distance> 388.47 ,OT AREA: 9539 SQ F~ OR 0.2 ACRES Page 46 of 62 ,OT TRACT A 'NT# Bearing .00114 OF BLOCK 1, TYPE: LOT Distance Northing 176187.990 .00071 .00070 00115 .00114 N 88°27'42" W N 00°28 '41" E S 88°17'43" E s 01°42'17" w 338.53 95.27 340.57 94.26 176197.078 176292.341 176282. 210 176187.990 Easting 1319578.545 Station 0.00 1319240.138 338.53 1319240.933 433.80 1319581.349 774.36 1319578.545 868.62 :losure Error Distance> 0.0054 Error Bearing> S 22°23'16'' W :losure Precision> 1 in 160424.3 Total Distance> 868.62 ,OT AREA: 32174 SQ FT OR 0. 7 ACRES ILOCK 1 TOTAL AREA: 8139819 SQ FT OR 186.9 ACRES Page 47 of 62 RECEIVED :.::rrv OF RENTON "lANNING DIVISION THE ENCLAVE AT BRIDLE RIDGE FINAL PLAT Title Documents Chicago Title Insurance Company Subdivision Guarantee Order No. 2614173 Dated March 3, 2016 DRS PROJECT NO. 13117 D.R. STRONG CONSUL TING ENGINEERS 620 7th Ave. Kirkland, WA. 98033 ' 11111111111 IIIU 20091105000541 Return Address: City Clerk's Office City of Renton JOSS South Grady Way Renton, WA 98057 CITY OF RENTON ORD 76.00 PACE-001 OF 015 11/0~/2009 10:24 KINC COUNTY, ~A Pica.,c print or type information WASHINGTON ST ATE RECORDER'S Cover Sheet (RCW 65 04) Document Title(s) (or transactions contained therein): {all areas applicable to your document must be filled in) I. Ordinance #5465 2. 3. 4. -···- Reference Number(s) of Documents assigned or released: Additional reference #'son page __ of document ----- ------ Grantor(s) (Last name first name, initials) I. City of Renton ' 2. , Additional names on page_ of document. Grantee(s) (Last name first, then first name and initials) 1. ' 2. ' . --- Additional names on page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) These portions of Sections 13, 14, 15, 22, 23, & 24, all in Township 23 north. Range 5 East, W.M., and Sections 18 & 19, both in Township 23 North, Range 6 East, W.M., all in King County, Washington, more particularly described as follows ... Additional le,rnl is on oaue 3 of document. . ----- Assessor's Property Tax Parcel Account Number D Assessor Tax # not yet assigned 142305911901 and others The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verifv the accuracv or completeness of the index in£ information orovided herein. I am requesting an emergency nonstandard recordmg for an additional fee as provided m RCW 36.18.0 I 0. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. __________ Signature of Requesting Party • CITY OF RENTON, W ASH!NGTON ORDINANCE NO. 5465 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES AD.JACENT TO AND/OR BENEFITTING •·ROM THE CENTRAL PLATEAU INTERCEPTOR PHASE II AND £STABLISHING THE AMOUNT OF THE CHARGE UPON CONN£CTION TO THE FACILITIES. Tl IE CITY COUNCIL OF THE CITY OF RENTON, W ASH!NGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Ser.·icc Special Assessment flistricl for the area served by the Central Plateau Interceptor Phase I! project in the northessl quadranl of lhe City of Renlon and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibil ·'B". The recording of this document is to provide notification of potential connection and intcn.:st r...:hargLs. \Vhile this connection charge may be paid at any time. the City does not require pay1nent until sLJch time .is the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering th~ requirement, by the Ci!y, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Asscssmcn! Districl, and which properties have not been charged or assessed with all cos!s of the Central Plateau Interceptor Phase II as detailed in this ordinance, shall pay, in addition to the paymen! of the connection permit fee and in addition to the sy.stem development charge, the following additional fees: CERTIFICATE I, the undersigned City Clerk of the City of Renton, Washington, certify that this is a troe and correct copy of Ordinao,~ N12-/'l6S:. Subscribed and sealed this JI/ day of A~ «st , 2oo:l.. ~-/. wa.Ue::: City Clerk --'-L'--· ,.,._, __ ~.T,. ,.., _______ ,_ ., ___ ., __ .._._ ..,. ___ n __ .,...,. ..-,,.,nn .,.,,..,,,. ,,.,.., n----..-, -.s: "1C: ORDINANCE NO. 5465 A. Per Unit Arca Charge. New connections of residential dwelling units or equivalents shall pay a fee of $351.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder arc included within the boundary legally described in Exhibit "A" and which boundary is shown on the map attached as Exhibit "B". B. Per Unit Frontage Charge. There is hereby created a sub-district within the Central Plateau Interceptor Phase II Special Assessment District consisting of properties fronting on the sewer. New connections of residential units or equivalents shall pay a fee of $5.810.34 per dwelling unit. The properties to be assessed for the per unit frontage charge arc described in Exhibit "A" attached hereto. A map identifying the properties within the sub-district is attached as Exhibit "B". The properties located within this sub- district arc subject to both charges (Area and Frontage). SECTION III. In addition to the aforestatcd charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge ~hall accrue for no more than ten ( I 0) years from the date this ordinance becomes effective. lnterc,t charges will be simple interest and not compound interest. SECTION IV. (30) days after publication. This ordinance is effective upon its passage, approval and thirty 2 ORDINANCE NO. 5465 PASSED BY THE CITY COUNCIL this __6__th day of_J_u_l_.y~----' 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 6th_ day of _ __,J,0ue__al"'Y'-----_, 2009. Approved as to form: 0-, ..... ' wt~(, • >- Lawrence J. Warren, City Attorney Date of Publication: 7/10/2009 (summary) ORD.1553:5/21/09:scr 3 ---'-'-~--•'--r.~.,. .., _______ ._ ~~k __ Denis Law, Mayor LEGAL DESCRIPTION: ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR SPECIAL ASSESSMENT DISTRICT AREA ASSESSMENT BOUNDARY Those portions of Sections 13, 14, 15, 22, 23 & 24, all in Township 23 North, Range 5 East, W.M., and Sections 18 and 19, both in Township 23 North, Range 6 East, W. M., all in King County, Washington, more particularly described as follows: Beginning at the intersection of the southerly right of way margin of SE 128'h St (NE 4th Street) and the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14; Thence easterly along said southerly right of way margin, crossing l 55'h Ave SE and 1 S6'h Ave SE, to the east line of the Northwest quarter of said Section 14; Thence continuing easterly along the courses of said southerly right of way margin, crossing l 60'" Ave E and the west half of 1641h Ave SE, to the section line common to said Sections 13 and 14; Thence continuing easterly along the courses of said southerly right of way, crossing the east half of l64'h Ave SE and 169"' Ave SE, to an intersection with the east line of the West quarter of the Northeast quarter of the Northwest quarter of said Section 13; Thence southerly along said east line and the Urban Growth Boundary (UBG) line, to an intersection with the north line of the Southeast quarter of the Northeast quarter of said Section 13; Thence easterly along said north line and said UBG line, to the west line of the East qumier of said subdivision; Thence southerly along said west line and said UBG line, to the Northwest corner of Lot l of King County Short Plat S90S0040, as recorded in Book 101 of Surveys, Page 236, records of King County, Washington; Thence easterly along the North line of said Lot I and said UGB line, to the Northeast corner of said Lot l, said Northeast comer also being on the west line of the Northeast quarter of said Section 13; Thence easterly along said UGB, crossing 172nd Ave SE, to the intersection of the easterly right of way margin of 17211 d Ave SE and the southerly right of way margin of SE 132nd St.; EXHIBIT A-CENTRAL PlATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 1 OF 6 .. .,....;,..,.,...;,... .... v.; .... ,...,. T.IT.i'lo n ........ ,.TTl.t:>TI+-_ V,:,:,..-M'ri'l"lf-h n,,.~,. nn,..Tn ?{)(IQ 11/'lc; c;41 P.<UTP• c; n-F 7c; ORDINANCE NO. 5465 Thence continuing easterly along the southerly right of way margin of SE 132"d St and said UGB line, crossing 173 rd Ave SE, 175th Ave SE, 178th A vc SE and the west half of 1801h Ave SE, tu an intersection with the east line of said subdivision, said east line also being the west line of the Southwest quarter of the Northwest quarter of said Section 18; Thence continuing easterly along said southerly right of way margin of SE 132"d St and said UGB line, crossing the east half of I 801h Ave SE, 18 ! "Ave SE and l 82"d Ave SE, to an intersection with the westerly right of way margin of 182nd Ave SE; Thence southerly along said westerly right of way margin of l 82"d Ave SE and said UGB line, to an intersection with the westerly extension of the northerly right of way margin of SE 134•h St; Thence easterly along said westerly extension and the northerly right of way margin of SE IJ411 ' St and said UGB line, crossing 182nd Ave SE, to an intersection with the westerly right of way margin of 184'" Ave SE in the Northwest quarter of said Section 18; Thence southerly along said westerly right of way mar~in of l 84'h Ave SE and its southerly extension and leaving said lJGI3 line, crossing SE 134 1 St, SE 135tl• St, SE 1361h St and SE 140 1h St, to an intersection with the north line of Tract 23, Renton Suburban Tracts Division No. 4, rccon.lcd in Volume 61 of Plats, pages 74-76, said records, in Government Lot 4 of said Section 18: Thence easterly and southerly along said north line and the east line of said Tract, to an intersection with the northeast corner of Renton-Suburban Tracts Division No. 8, recorded in Volume (,9 of Plats, pages 74-76, said records, in said Government Lot 4 of said Section 19, said northeast corner also being on said UG B line; Thence southerly along the east line of said Plat and said UGB line, to the Southeast corner of sai<l l'lat at the southeast corner of Government Lot 1 in said Section 19; Thence westerly alcmg the courses of the south boundary of said plat and said UGB line, to an intersection with the south line of Renton-Suburban Tracts Div. No. 6, recorded in Volume 66 or Plats, pages 33-35, said records, in the Northeast quarter of said Section 24; Thence westerly along the south line of said Plat and said UGH line, to the most Southwest corner of said Plat, said Southwest corner also being the Northeast corner of Government Lot 5 of said Section 24; Thence southerly along the east line of said Government Lot 5 and said UGB line, to the northeast corner of Lot 31 of Renton-Suburban Tracts Div. No.7, recorded in Volume 69 of Plats, pages 39-41, said records; Thence southwesterly and northwesterly along the south boundary of said plat and said UGB line, to an intersection with the east line of Government Lot IO of said Section 24, said east line also being the east line of Tract A of Briarwood South No. 6, recorded in Volume 97 of Plats, pages 68 and 69, said records; EXHIBIT A-CENTRAL PL.A TEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 2 OF 6 ~..-.;nt-inn• 1(ini'T_Wll, nnr,,m,c,nf--V,c,;:ir Mnnt-h.D.::1v.nnrTn ?.nnq_11ni:;-_i:;47 P;::;,rr,=,,~ fi nF 1'i" ORDINANCE NO. 5465 Thence northerly along said east line of said Government Lot IO and said Tract A and said UGB line, to the Northeast comer of said Tract A; Thence westerly along the courses of the north boundary of said Tract A, and said IJGB line, to the Northwest corner of said Tract A, said Northwest corner also being a point on the east line of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the northeast corner of Tract C of Skyfire Ridge Div. No. I, recorded in Volume 141 of Plats, pages 93-99, said records; Thence westerly along the courses of the north boundary of said Tract C and said UGB line, to the Northwest corner of said Tract C, said Northwest corner also being a point on the east line of the Southwest quarter of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, lo the Northeast corner of said subdivision; Thence westerly along the north line of said subdivision and said UGB line, to the Northwest corner of said subdivision, said Northwest corner also being the Northeast corner of Government Lot 7 of said Section 23; Thence continuing westerly along the north line of said Government Lot 7, to the Northwest corner thereof; said Northwest corner also being the Southwest corner of the Northeast quarter of the Northwest quarter of said Section 23; Thence 11011hcrly along the west line of said subdivision, to the Southeast corner of Lot 9, Briar Hills No. 3, recorded in Volume 107 of Plats, page 36, said records, said west line also being the east line of the Northwest quarter of the Northwest quarter of said Section 23; Thence westerly along the south line of said Plat, to the Southwest corner thereof; Thence northerly along the west line of said Plat, to an intersection with the Southeast corner of Briar Ridge, recorded in Volume 113 of Plats, pages 60 and 61, said records; Thence westerly along the south line of said Plat, to the Southwest corner thereof, in Government Lot I of said Section 22, said Southwest corner also being a point on the west I ine of the East half of the East half of said Government Lot I; Thence southerly along said east line, to the northerly bank of the Cedar River; Thence westerly along said northerly bank, to an intersection with the east line of Tract A, Cedar River Bluff; recorded in Volume 172 of Plats, pages 53-56, said records; Thence northerly along said east line, to the Northeast corner of said Tract A; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAO, AREA ASSESSMENT PAGE 3 OF6 ~rint:ion: K.inl'T.W.21. nnmm1,cmt -YAr.1r.Month.Dr.1v.Dor.Tn 2nnq_11n.i; __ r:;41 Pr1aA: 7 f"l-F 1-'i ORDINANCE NO. 5465 Thence westerly along the north line of said Tract A, to an intersection with the east line of Maplewood Heights, recorded in Volume 78 of Plats, pages 1-4, said records; Thence southerly along said east line, to the Southeast corner thereof; Thence westerly along the south line of said plat, to the Southwest corner thereof, said corner also being a point on the east line of Government Lot 6 of Section 22; Thence South 01 °08'21" West, along said east line, to a point 641.73 feet southerly of the Northeast corner of said Government Lot 6; Thence North 55°51 '39" West, a distance of391.81 feet; Thence North 26°45'23" West, a distance of 494.29 feet, to a point on the north line of said Government Lot 6, said point also being on the south line of the Southwest quarter of Section 15; Thence westerly along said south line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3945, to the Southeast corner of the Southwest quarter of the Southwest quarter of the Southwest quarter of said Section 15; Thence northerly along the east line of said subdivision and said City Limits, to the Northwest corner of Lot 21, Block 1 of said Maplewood Heights in said Southwest quarter of Section 15; Th<:nce northeasterly along the north line of said Block I of said Plat, to an intersection with the \\·est line of Lot 10, East Crest, recorded in Volume 87 of Plats, page 49, said records, in said Southwest quarter; Thence northerly along said west line, to the Northwest corner thereof, said Northwest corner also being a point on the south line of Tract A, Hideaway Home Sites, recorded in Volume 81 of !'lats, pages 88 and 89, said records; Thence westerly along the south line of said Tract A, to the Southwest corner thereof; Thence northerly along the west line of said Tract A and the northerly extension of said west line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3143, to the south line of the Northwest quarter of Section 22; Thence westerly along said south line and along said existing City Limits and along the south line of Lot 14, Goe's Place, recorded in Volume 85 of Plats, pages 12 and 13, said records, to the Southwest corner of said Lot 14; Thence northerly along the west line of said Lot 14, to the Northwest corner thereof; Thence easterly along the north line of said Lot 14, to the Northeast corner thereof; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD. AREA ASSESSMENT PAGE40F6 =riotion: Kinq,WA Document -Year.Month.Dav.DocID 2009.1105.541 Paae: 8 of 15 ORDINANCE NO. 5465 Thence northerly along the east line of Lot 13 of said Plat and its northerly extension, to an intersection with the westerly extension of the north line of the South half of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 15; Thence easterly along said westerly extension and said north line and along the existing City limits of Renton, as annexed under Ordinance No. 5074, crossing Duvall Ave NE, to its intersection with the west line of the Northwest quarter of said Section 15; Thence northerly along said west line crossing NE 2nd St, to the most westerly southwest comer of Alder Crossing, recorded in Volume 251 of Plats, pages 37 -42, said records; Thence westerly along the south line of said plat, to the southeast corner thereof; Thence northerly along the east fine of said Plat, to its intersection with the north line of the south half of the north half of!he north half of the north half of said Section 15; Thence easterly along said north line of said subdivision crossing Hoquiam Ave NE and Jericho Ave NE, to the easterly right of way margin thereof; Thence southerly along said westerly right of way margin, to the Southwest corner of Tract 2, Hinck Loam Five Acre Tracts, recorded in Volume 12 of Plats, page 101, said records; Thence continuing easterly along said existing City Limits and the sotith line of said Tract 2, to !he east line ufthe west half of said Tract 2; Thence northerly along said east line, to the south line of the north 150 feet thereof; Thence easterly along said south line, to the east line of the of the West half of the West half of the East half of said Tract 2; Thence northerly along said east line, a distance of 8 feet; Thence easterly along the south line of the north 142 fee thereof, to the east line of the west half of the east half of said Tract 2; Thence southerly along said east line, to the south fine of the Northeast quarter of said East half of said Tract 2; Thence easterly along said south line, to the westerly right of way margin of Lyons Ave NE; Thence continuing easterly along the easterly extension of said south line, crossing Lyons Ave NE, to the easterly right of way margin thereof; Thence northerly along said easterly right of way margin, to the southerly right of way margin of NE 4th St. EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 5 OF6 ORDINANCE NO. 5465 Thence easterly along said southerly right of way margin, to the intersection with the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14 and the point of beginning. EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAO, AREA ASSESSMENT PAGE 6 OF 6 ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTJON: Lot I and Tract B, Carol wood, recorded in Volume 111 of Plats, pages 99-100, records of King County, Washington; TOGETHER WITH Lot 11, Carolwood No. 2, recorded in Volume 114, page 74, said records; and TOG ETHER WITH that portion of the Southwest quarter of the Southeast quarter of Section 14, Tov,;nship 23 North, Range 5 East, W.M., King County, Washington; and TOGETHER WITH the West 150 feet of the East 180 feet of the North 165 feet of the South half of said Southwest quarter of the Southeast quarter of Section 14; and TOGETHER WITH the West 160 feet of the east 190 feet of the South 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH the East 165 feet of the West 330 feet of said subdivision, EXCEPT the North 264 feet thereof, and EXCEPT the South 132 feet thereof; TOGETHER WITH the South 20 feet of the North 284 feet of said subdivision, EXCEPT the West 330 feet thereof; and TOGETHER WITH the North 120 feet of the South 252 feet of the East half of said subdivision, EXCEPT the West 150 feet thereof; and TOGETHER WITH the East half of said subdivision, EXCEPT the North 284 feet thereof and EXCEPT the South 252 feet thereof; and TOGETHER WITH the East 230 feet of the South 132 feet of the North 264 feet of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH the West 165 feet of the East 195 feet of the North 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH Lot 2 of King County Short Plat No. 481066, as recorded under King County Recording No. 8109100503, located in the Southwest quarter of the Southeast quarter of said Section 14; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area A Page 1 of 1 ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "B" LEGAL DESCRIPTION: Lots l, 2, 3 and the 20 feet wide undivided interest pared lying between said Lot I and Lot 2, of King County Short Plat No. 576015, recorded under King County Recording No. 7905170580, records of King County, Washington; TOGETHER WIT! I Lots l and 2, King County Short Plat No. 677116, recorded under King County Recording No. 7905170582; and TOGETHER WITH Tract A and Tract B of King County Short Plat No. 675021, recorded under King County Recording No. 7602040384; and TOGETHER WITH Tracts 4, 5, 6 and the West 150 feet of the North 80 feet of Tract 7, all in Block 3, Cedar Park Five Acre Tracts, recorded in Yol ume 15 of l'lats, page 91, records of King County, Washington. All situate in the Southeast quarter of Section 14 and the North half of Section 23, both in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Exhibit A-Central Plateau Interceptor SAD, Frontage -Area B Page 1 of 1 ... r.;r,1-;,....,..,. r:r.;,..,,..,. wzi nnrnm.::>n:1-_ Vo.::ir Mnnf-h n.::1v nnrTn ?.nnQ_11nc;_i:;41 P.::1rr,=,~ 1?. nF 1_t; ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "C" LEGAL DESCRIPTION: Lois I through 8 and Loi 17, Ridge Point Estates, recorded in Volume 165, pages 64-65, records of King County, Washington; TOG ET/I ER WITH that portion of the Northeast quai1er of the Northwest quarter of Section 23, Township 23 North. Range 5 North, W.M., King County, Washington, lying easterly and southerly of said plat of Ridge Point Estates and westerly of the westerly right of way margin of 154'" PL SE (W.J. Orton Rd); and TOGETHER WITH the North 133 feet of the East 120 feet of said Northeast quarter of the Northwest quarter; and TOGETJ IER Willi that portion of the North half of the No1theast quarter of the Northeast quarter of the Northwest quarter, lying easterly and southerly of Linda Homes, recorded in Volume 74, page 6, said records; and TOGETHER WITH that portion of the South half of said Northeast quarter of the Northeast quarter of the No1thwcst quarter, and the south half of the Northwest quarter of the Northwest quarter of lhc Northeast quarter, both in said Section 23, lying westerly of the westerly right of way margin of 156'1 ' Ave SE (Co. Rd. I 049, August E. Gerber Rd.) and easterly of the northeasterly right of way margin of I 54'" PL SE (W.J. Orton Rd.); LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area C Page 1 of 1 ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "D" LEGAL DESCRIPTION: Lots I and 50, Briarwood West, recorded in Volume 93 of Plats, pages 91-92, records of King County, Washington; TOGETHER WITH Lots I and 16, Marywood, recorded in Volume 90 of Plats, page 32, said records; and TOGETHER WITH the South 165 feet of the North 195 feet of the East half of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 23; LESS the East 30 feet thereof; and TOGETHER WITH the west 150 feet of said East half of said subdivision, lying northerly of the South 365 feet thereof and southerly of the North 195 feet thereof; and TOGETHER WITH that portion of"lhe West half of the Northwest quarter of the Northwest quarter ofthc Northeast quarter of Section 23, Township 23 North, Range 5 East, W.M., King County, Washington, lying northerly of the north line of Lot 1 of King County Short Plat No. 1286002, as recorded under King County Recording No. 8708140726; and TOGETHER WJTl-l Lot I and Lot 2 of King County Short Plat No. 1286002, as recorded under King County Recording No. 8708140726, said Lot 2 being later amended by Lot Line Adjustment No. 890718, as recorded under King County Recording No. 90 I 0241356, said lots being a portion of the Northwest quarter of the Northeast quarter of said Section 23; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage · Area D Page 1 of 1 ~rinf-inn• T<'inrr_W.Zl nn,-.11m~nf--Va;::ir Mnnf-h n.:::n, nn .... rn ?nflQ 11f1t;' t:;;4.1 0 ... ,...,..0. 14. ,-,F 1.C. l () m z -! !{) ~ mr 0 -0 )> £: r -! Gi ~ Vl C m Vl ..... Vl z ::s:: ni m ;o Zn -! m 8::':l UJ 0 -! ;u ;,:, ..... -0 Cl s; (/} m :::::1 • )> ,, ~ ~ rD 0 OJ ::, ii:' 6T <O "' 11> rD ii:' "' "' 3 "' 11> ffi ::, "' rt 3 "' ro 0 ::, C rt :, CD C. 0 OJ C: -< :, a. n, -< -.-.: ... .,_.;,.,,,.,. v.: .......... r,T11 n ......... ,,...,,=,.-,j-. _ V,::,,,, .... 11.4',-,.-,f-h n,,,~,. n ..... ..-.Tn ?fl(IO 1111i:;' t;'d'J P=>IT.::>• 1i;; r,F 'JJ:; ______ , ____ ~--------·-··· • . @ FIRST AMERICAN 0t:::>\ ~ '{---Z.Z--{ 1)-'\ '1 Rdurn Address U.S. BA;i.;'h: NATIONAL ASSOCIATION d/h/a HOUSING CAPITAL COMPANY 1420 Fif'lh A,·enuc, 8th Floor 11 lil~lll tlil llll~l~~~ll~ll ll ~11111 ijl ,~ 20151028001161 FIRST AMERICAN OT 249,00 PAGE-001 OF 030 10/28/2015 15:11 KING COUNTV, ~A Scaltlc, Wa.,bini;:ton 98101 ATl'N: .Ms. Krista J. llolland Dorumcnl Title(s) (or transactions contained therein): l. DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTlJRE FILING Rtfrrcnct Numhcr(!ii) of Documents as!\ij!.ncd or released: (on page_ of document) Granlor(s) (Last name first, then first name and initials): l. ALBACORE /\CH, Ll.,C, a Washington limited liability company 2. 0 Additional names on page_ of document. Granlcc(s) (Last name first! then first n3mc and initials): I. U.S. BANK NATIONAL ASSOCIATION d/bla HOUSING CAPITAL COMPANY 2. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIAT!ON 0 Addilionut names 011 page_ of document. Lc~al dcscriplion (abbre\'iate<I: i.e. lot block 1 plut or sec1ion, township, range) LOT l.l. KING COUNTY TESTAMENTARY DIV. NO. L08MOOJ4. REC. 20080812900004. AND PARCEL 8 .. CITY OF RENTON (NIPERT) LLANO. LUA 14-000250, REC. 20140604900004, KING COUNTY !Bl full legal description isor1 Exhibil A of document. Assessor's Property Tax PuceVAccount Numbcr{s} 142305902306 and 142305912206 DEED OJ,' TRUST HCC 1.0AN #2394 12187-5602.0002/128265667.3 [EXECUTION COPY] DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING This deed of trust, assignment of rents and leases, security agreement and fixture filing (hereinafter called "Deed of Trust") is made as of October 27, 2015, among ALBACORE ACH, LLC, a Washington limited liability company, whose address is 9675 SE 36th Street, Suite I 05, Mercer Island, Washington 98040 (hereinafter called "Grantor''); U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, whose address is l l l S.W. Fifth Avenue, Portland, Oregon 97204 (hereinafter called "Trustee"); and U.S. BANK NATIONAL ASSOCIATION d/b/a HOUSING CAPITAL COMPANY, whose address is I 420 Fifth Avenue, 8th Floor, Seattle, Washington 9810 I (hereinafter called "Beneficiaiy"). WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL, and CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of King, State of Washington, described in Exhibit A attached hereto and by this reference incorporated herein, together with any and all buildings, structures and improvements now or hereafter erected on or attached to the property, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles on, in or attached to the property or to such buildings and improvements, all of which are herein collectively called the "Property"; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Grantor now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights of way and rights used in connection therewith or as a means of access to the Property, and all tenements, hereditaments and appurtenances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores of land adjacent to or used in connection with the Property; TOGETHER WITH all right, title and interest ofGrantor in and to all personal property (the "Personal Property") now or hereafter owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, window or structural cleaning rigs, maintenance, and all other equipment of DEED OF TRUST HCC LOAN #2394 12187-S602.0002/l 28265667.J PAGEi [EXl!CUTION COPY) every kind), lobby and all other indoor and outdoor furniture, rugs, carpets, and other floor coverings, all inventory related to the Grantor's operation of the Property and any business operated thereon by Granter, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Granter as lessee of any Personal Property; TOGETHER WlTH all right, title, and interest ofGrantor in the funds deposited pursuant to Section 1.6 or Section I. 7; TOGETHER WlTH all the estate, interest, right, title, other claim or demand, which Grantor now has or may hereafter acquire in the Property, including all unearned premiums under insurance policies now or hereafter obtained by Grantor, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accounts, deposits, instruments, general intangibles, notes or chattel paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title and other insurance and proceeds received pursuant to any sales or rental agreements ofGrantor in respect to the Property, all refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encumbered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the taking by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WlTH any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the "Leases"); TOGETHER WlTH any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WITH the immediate and continuing right to collect and receive all of the rents, fees, charges, accounts, income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Granter may now or shall hereafter (including any income of any nature coming due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof, including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities, minimum rents, additional rents, percentage rents, parking or common DEED OF TRUST IICC LOAN #2394 12 t 87,5602.0002/128265667.3 PAGE2 I EXECUTION COPY] area maintenance contributions, tax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles related to the Grantor's operation of the Property and any business operated thereon by Granter and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which Granter may have against any tenant under the Leases or any subtenants or occupants of the Property and all proceeds payable as a result of the Tenant's exercise ofan option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any kind that Granter may have against Tenant under the leases or any occupancy of the Property (all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any governmental authority or to any other person, firm or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficial)' to Granter, but limited as hereinafter provided, to collect and receive all of the Cash Collateral. TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any Improvements; TOGETHER WITH all of Grantor's rights under any payment, performance or other bond in connection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in connection with the construction of Improvements wherever actually located. All architectural drawings, plans, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETHER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in connection with operation or development of the Property, deposits, bank accounts, contract rights, accounts, general intangibles (including without limitation trademarks, trade names and symbols), permits, licenses, franchises and certificates; TOGETHER WITH all commitments or agreements, now or hereafter in existence, intended by the obliger thereof to provide Granter funds to repay the Beneficia,y or improve the Property and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property; DEED OF TRUST HCC LOAN #2394 I 2187~5601.0002/128265667.J PAGE] {EXECUTION COPYI TOGETHER WITH all governmental pennissions, environmental clearances, authority to subdivide the Property, rights, licenses and pennits as are necessary for the commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITH all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate.,. FOR THE PURPOSE OF SECURING: I A. Payment of indebtedness in the principal amount of $5,347,500 with interest thereon, evidenced by that certain promissory note of even date herewith, executed by Grantor, as Borrower, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment tenns, or the balance due on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. I B. Payment of indebtedness in the principal amount of $2,973,750 with interest thereon, evidenced by that certain promissory note dated as of October 20, 2015, executed by Grantor, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment terms, or the balance due on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. IC. Payment of indebtedness in the principal amount of $5,000,000 with interest thereon, evidenced by that certain promissory note dated as of July 18, 2014, executed by ACH Builders, LLC, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment terms, or the balance due on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. Each promissory note referenced in paragraphs I A, I B, and IC above are herein individually and collectively hereafter referred to as the "Note." 2. Payment of all sums which may become due from Borrower under the Secured Loan Documents or advances by Beneficiary or its successor under the Secured Loan Documents, with interest thereon at the Default Rate (as defined herein), which include but arc not limited to, fire and other hazard insurance and taxes upon the Property, according DEED OF TRUST PAGE 4 ] ICC WAN #2394 (F.XF.CUTION COPY] 12 I 87-S6U2.0UU2/\ 2826S667.3 • to the terms of this Deed of Trust; payment by the Borrowers of all reasonable attorneys' fees and costs incurred by the Trustee or Beneficiary in foreclosing this Deed of Trust or realizing upon any of the collateral for the obligations which this Deed of Trust secures; payment by Borrowers of all reasonable attorneys' fees and costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed of Trust or the title to the Property; payment by Borrowers of all sums advanced by Beneficiary to or on behalf of Grantor for the purpose of clearing encumbrances or defects from the title to the Property where Beneficiary, in good faith, believes Sllch encumbrances to be superior to the lien of the Deed of Trust, including, without limitation, payment ofad valorem taxes and mechanics' or materialmen's liens which may have gained priority over the lien of this Deed of Trust; payment by Borrowers of all reasonable attorneys, fees and costs incurred by Trustee or Beneficiary in any bankruptcy proceedings or any reorganization or arrangement proceeding under the United States Bankruptcy Code affecting any Borrower or this Deed of Trust, and payment of all other sums advanced by Beneficiary under the Secured Loan Documents to protect the Trust Estate, with interest thereon at the Default Rate, J, Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrowers, its successors, or assigns, by Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. 4. Payment and performance of all of the obligations ofGrantor or Borrower under any loan agreement between any Borrower and Beneficiary related to the Joan evidenced by the Note or related to any other indebtedness of any Borrower lo Beneficiary when such indebtedness is evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust (together with all modifications, amendments, supplements, and exhibits thereto, the "Loan Agreement''), This Deed of Trust, the Note, the Loan Agreement, and any other document given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents." Notwithstanding the foregoing, this Deed of Trust does not secure and shall not be construed as securing (a) any obligation of Grantor under (i) any Indemnity Agreement made by Granto, or any Borrower for the benefit of Beneficiary or (ii) any access laws indemnity made by Grantor or any Borrower for the benefit of Beneficiary and (b) any guaranty of or any obligation of any guarantor under any of the Loan Documents, The tenn "Secured Loan Documents" means the Loan Documents except the Indemnity Agreement and any guaranty of any of the Grantor's obligations under the Loan Documents. DEED OF TRUST HCC LOAN #2394 l 2 l 87•5602.0002/12826566? .3 PAGE$ [EXECUTION COPY] • ARTICLE I. COVENANTS AND AGREEMENTS OF GRANTOR Granter hereby covenants and agrees: t. 1 Maintenance of the Property The Property shall be maintained in good condition at all times. Granter shall promptly make all necessary repairs, replacements, and renewals so that the value of the Property shall be maintained. Granter shall not commit or permit any waste on the Property. Granter shall comply with all laws, ordinances, regulations, and private restrictions affecting the Property. Granto, shall operate the Property in such manner as to prevent deterioration of the land and improvements including fences, except for reasonable wear and tear from proper use. Grantor shall not demolish or remove any improvements from the Property without the written consent of Beneficiary. l.2 Required Insurance Grantor shall at all times provide, maintain, and keep in force, or cause to be provided, maintained, and kept in force, the policies of insurance as required under the Loan Agreement. 1.3 Delivery of Policies; Payment of Premiums Proceeds (a) All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Granter shall furnish Beneficiary with an original policy (or certificate of insurance if acceptable to Beneficiary) of all policies of required insurance. If Beneficiary consents lo Granter providing any of the required insurance through blanket policies carried by Granter and covering more than one location, then Grantor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. (b) At least 30 days prior to the expiration of each such policy, Granter shall furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage without at least 30 days' prior written notice to Beneficiary. In the event Granter fails to provide, maintain, keep in force, or deliver and furnish to Beneficiary the policies or certificates of insurance required by this section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary's interest, and Granter will pay all premiums thereon promptly upon demand by Beneficiary and, until such payment is made by Grantor, the amount of all such premiums shall be secured by this Deed of Trust. DEED OF TRUST PAGE 6 HCC LOAN #2394 [EXECUTION COPY[ 12187-5602.00021128265667. 3 (c) In the event of loss, Grantor shall immediately notify Beneficiary, who may make proof of loss if it is not made promptly by Grantor. Proceeds shall be paid directly to Beneficiary who may compromise with any insurance company and make a final settlement which shall be binding upon Grantor. Beneficiary may, at its election, apply the proceeds to the reduction of the indebtedness secured hereby or to the restoration or repair of the Property. 1.4 Assignment of Policies Upon Foreclosure In the event of foreclosure of this Deed of Trust or other transfer of title or assignment of the Trust Estate in extinguishment, in whole or in part, of the debt secured hereby, all right, title, and interest of Grantor in and to all policies of insurance required by Section 1.2 shall inure to the benefit of and pass to the successor in interest to Grantor or the purchaser or grantee of the Trust Estate. 1.5 Indemnification; Subrogation; Waiver of Offset (a) If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Grantor, then Grantor shall indemnify, defend, and hold Beneficiary harmless from all liability, loss, cost, or damage, by reason of said litigation, including reasonable attorney fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. (b) Grantor waives any and all right to claim or recover against Beneficiary, its officers, employees, agents, and representatives, for loss of or damage to Grantor, the Trust Estate, Grantor's property, or the property of others under Grantor's control from any cause insured against or required to be insured against by the provisions of this Deed of Trust. (c) All sums payable by Borrowers hereunder and all obligations secured hereby shall be paid without counterclaim, setoff, deduction, or defense and without abatement, suspension, deferment, diminution, or reduction; and the obligations and liabilities of Borrowers hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of (i) any damage to or destruction of or any condemnation or similar taking of the Trust Estate or any part thereof; (ii) any restriction or prevention of or interference with any use of the Trust Estate or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or the Improvements or any part thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation, or other like proceeding relating to Beneficiary, or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary, or by any court, in any such proceeding; (v) any claim which Borrowers have or might have against Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any of the terms hereof or of any other agreement with Borrowers; DEED OF TKUST HCC LOAN #2394 I 2187•5602.0002/ 128265667.3 PAGE7 [EXECUTION COPY! or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing and whether or not Borrowers shall have notice or knowledge of any oft he foregoing. Except as expressly provided herein, Grantor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution, or reduction of any sum secured hereby and payable by Borrowers. 1.6 Taxes and Liens Granter shall pay before they become delinquent all taxes and assessments levied against or on account of the Trust Estate and shall pay as due all claims for work done on or for services rendered or material furnished to the Property. Special assessments shall be paid currently, without deferral, unless the lien for deferred assessments is subordinate to the interest of Beneficiary under this Deed of Trust, or Beneficiary gives its prior written consent to the deferral. Grantor shall maintain the Trust Estate free of any liens or encumbrances except for Permitted Exceptions, the lien of taxes and assessments not delinquent, and except as hereinafter otherwise provided. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Beneficiary's interest in the Trust Estate is not jeopardized. !fa lien arises or is filed as a result of nonpayment, Grantor shall within 15 days after the lien arises or, ifa lien is filed, within 15 days after Grantor has notice of the filing, secure the discharge of the lien or deposit with Beneficiary cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs, attorney fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. The assessor or tax collector of the county in which the Property is located is authorized to deliver lo Beneficiary a written statement of the property taxes assessed or owing at any time. I. 7 Reserves Beneficiary may require Grantor to maintain reserves for payment of taxes (including special assessments and other charges against the Trust Estate by governmental or quasi- governmental bodies) or premiums on property insurance or both. The reserves shall be created by payment each month to Beneficiary of an amount deterrnined by Beneficiary to be sufficient to produce by the date they are due amounts equal to the estimated taxes and insurance premiums to be paid. I fat the time that payments are to be made the reserve for either laxes or insurance premiums is insufficient, Grantor shall upon demand pay such additional sum as Beneficiary shall deterrnine to be necessary to cover the required payment. If Grantor desires to carry a package plan of insurance that includes coverage in addition to that required under this Deed of Trust, Beneficiary, if allowed by law, may at its option establish and administer a reserve for that purpose. In such event the premium attributable to the required insurance coverage shall be quoted separately, and Beneficiary may perrnit Grantor to furnish a certificate of insurance rather than deposit the policy as required above. !fat any time Beneficiary holds an insufficient amount in the insurance reserve to cover the DEED OF TRUST HCC I.QA N #2394 12187-5602.0002/ [28265667.3 PAGG8 !EXECUTION CUl'Yj premium for the entire package policy, Beneficiary may, at its discretion, pay only that portion of the premium attributable to the required insurance coverage. If the blanket policy docs not pennit such partial payment, Beneficiary may use the reserve funds for the premium on a new, separate policy providing the required insurance coverage and allow the package policy to lapse. Beneficiary shall not charge a service charge for collecting reserves and paying taxes and insurance premiums. The reserves shall not constitute a trust. Grantor agrees that Beneficiary may commingle reserve funds with other funds of Beneficiary and need not invest them for the benefit of Grantor. Grantor agrees that Beneficiary need not pay Granter interest on reserves, unless applicable statutes require payment of interest notwithstanding any contrary agreement. 1.8 Expenditures by Beneficiary If Borrowers shall fail to comply with any provision of the Loan Documents, Beneficiary may, at its option, on Borrowers' behalf, and with subsequent notice to Borrowers, take the required action and any amount that it reasonably expends in so doing shall be added to the indebtedness secured hereby. Amounts so added shall be payable on demand with interest at the default interest rate specified in the Note ("Default Rate") from the date of expenditure. Failure to repay such expenditure and interest thereon on demand will, at Beneficiary's option, constitute an event of default hereunder. Beneficiary may, at its option, commence an action against Borrowers for the recovery of such expenditure and interest thereon, and in such event Grantor agrees to pay, in addition to the amount of such expenditure, all costs and expenses incurred in such action, together with a reasonable attorney's fee at trial and on appeal. 1.9 Utilities Granter shall pay or cause to be paid when due all utility charges which arc incurred by Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust Estate for gas, electricity, water or sewer services furnished to the Trust Estate and all other assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or any portion thereof, whether or not such assessments or charges are liens thereon. I.IO Warranty; Defense of Title Granter warrants that Granter holds merchantable title to the Property in fee simple, free of all encumbrances other than the Pennitted Exceptions (as defined in the Loan Agreement). Granter warrants and will forever defend the title against the claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Beneficiary under this Deed of Trust, Granter shall defend the action at Grantor's expense. If any Permitted Exception is a lien, Granter shall pay any sums and do any other acts necessary to prevent a default or prevent any action or condition which with DEED OF TRUST HCC LOAN #2394 12187-5602.0002/\28265667 .3 PAGE9 [EXECUTlON COPY] • the lapse of time, the giving of notice, or any other action of a creditor, would be a default or enable any creditor to declare a default or foreclose any Permitted Exception which is a lien. I.I I Condemnation Jfall or any part of the Trust Estate is condemned, the net proceeds of the award shall be paid directly to Beneficiary and be applied on the indebtedness secured hereby. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorney fees necessarily paid or incurred by Granlor and Beneficiary in connection with the condemnation. If any proceeding in condemnation is filed, Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor hereby assigns lo Beneficiary the net proceeds of any condemnation award. 1.12 Imposition of Tax The following shall constitute taxes to which this paragraph applies: (a) A specific tax upon deeds of trust or upon all or any part of the indebtedness secured by a deed of trust. (b) A specific tax on the owner of property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust. (c) A tax on premises covered by a deed of trust chargeable against Beneficiary under the deed of trust or the holder of the note secured. (d) A specific tax on all or any portion of the indebtedness secured hereby or on payments of principal and interest made by a Grantor under a deed of trust. If any federal, state, or local tax to which this paragraph applies is enacted subsequent to the date of this Deed of Trust, this shall have the same effect as a default and Beneficiary may exercise any or all of the remedies available lo it in the event of a default unless the following conditions are met: (a) Grantor may lawfully pay the tax or charge imposed; and (b) Grantor pays the tax or charge within 30 days after notice from Beneficiary that the tax law has been enacted. 1.13 Inspection That Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the DEED OF TRUST IICC LOAN #2394 12 [87-5602.0002/ 128265667.3 PAGE lO [EXECUTION COPY] same and for the purpose of performing any of the acts it is authorized to perfonn under the terms of any of the Loan Documents. 1.14 No Waiver By accepting payment of any obligation secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations secured hereby or to declare default for failure so to pay. 1.15 Accounting Financial tenns used herein which are not specifically defined herein shall have the meanings ascribed to them under generally accepted accounting principles. For any Grantor or Borrower who does not have a separate fiscal year end for tax reporting purposes, the fiscal year will be deemed to be the calendar year. The financial statements and other information previously provided to Beneficiary or provided to Beneficiary in the future are or will be complete and accurate and prepared in accordance with generally accepted accounting principles. There has been no material adverse change in Grantor's or Borrower's financial condition since such information was provided to Beneficiary. Grantor and Borrower will (i) maintain accounting records in accordance with generally recognized and accepted principles of accounting consistently applied throughout the accounting periods involved; (ii) provide Beneficiary with such information concerning its business affairs and financial condition (including insurance coverage) as Beneficiary may request; and (iii) without request, provide to Beneficiary the following financial information, in form and content acceptable to the Beneficiary: Provide to Beneficiary the financial information called for in the Loan Agreement. In the event Granter or Beneficiary fails to furnish any of the financial information hereinabove required, Beneficiary may cause an audit to be made of Grantor's and Borrower's books and records, at Grantor's and Borrower's sole cost and expense. 1.16 Use of Property; Commercial Loan The Property is not used principally for agricultural purposes. The loan evidenced by the Note is not made primarily for personal, family or household purposes. ARTICLE JI. SECURITY AGREEMENT; FIXTURE FILING 2.1 Creation of Security Interest Grantor hereby grants to Beneficiary a security interest in (a) the Personal Property located on or at the Property, including without limitation any and all property of similar type or kind hereafter located on or at the Property, (b) the Cash Collateral, and (c) all other Trust Estate property in which a security interest may be granted under the Unifonn Commercial DHED OF TRUST HCC LOAN #2394 12187-560l.0002/l2826S667.3 PAGE 11 [EXECUTION COPY[ Code of Washington (collectively, the "Secured Property"), for the purpose of securing all obligations ofGrantor contained in any of the Secured Loan Documents. 2.2 Warranties, Representations, and Covenants orGrantor Grantor hereby warrants, represents and covenants as follows: (a) Except for the security interest granted hereby, Grantor is, and as to portions of the Secured Property to be acquired after the date hereof will be, the sole owner of the Secured Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever. Grantor will notify Beneficiary of, and will defend the Secured Property against, all claims and demands of all persons at any time claiming the same or any interest therein. (b) Grantor will not lease, sell, convey or in any manner transfer the Secured Property without the prior written consent of Beneficiary. (c) The Secured Property is not used or bought for personal, family or household purposes. (d) The Secured Property will be kept on or al the Property and Granter will not remove the Secured Property from the Property without the prior written consent of Beneficiary, except such portions or items of Secured Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Granter with an article of equal suitability owned by Granter free and clear of any lien or security interest except such as may be approved in writing by Beneficiary. (e) Granter maintains a place of business in the State of Washington, and Grantor will immediately notify Beneficiary in writing of any change in its place of business. (f) Al the request of Beneficiary, Granter will join Beneficiary in executing one or more financing statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Washington in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. (g) All covenants and obligations of Granter contained herein relating to the Trust Estate shall be deemed to apply to the Secured Propeny whether or not expressly referred to herein. (h) This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Washington. DEED OF TRUST HCC 1.0AN '2394 l 2187-5602.0002/l 28265667 .3 PAGE 12 [EXECUTION COPY[ 2.3 Fixture Filing This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County in which the Property is located with respect to any and all fixtures included within the term "Trust Estate" as used herein and with respect lo any goods or other personal property that may now or hereafter become such fixtures. ARTICLE III. ASSIGNMENT OF LEASES AND RENTS 3.1 Assignment Grantor hereby assigns to Beneficiary and grants to Beneficiary a security interest in all Leases and Cash Collateral as security for performance of all obligations contained in the Secured Loan Documents. 3.2 Representations and Warranties Granter represents and warrants as follows: (a) Grantor has good right, title and interest in and to the Leases and Cash Collateral and good right to assign the same, and no other person has any right, title or interest therein. (b) Grantor has duly and punctually performed all and singular the terms, covenanls, conditions and warranties of the Leases on Grantor's pan to be kept, observed and performed. (c) The existing Leases, if any, are valid and, except as disclosed to Beneficiary in writing, unmodified and are in full force and effect. (d) Grantor has not previously sold, assigned, transferred, mongaged, pledged or granted a security interest in the Leases and Cash Collateral, whether now due or hereafter to become due. (e) None of the Cash Collateral due and issuing from the Property or from any parl thereof has been collected for any period in excess of one month from the date hereof, and payment of any of same has not otherwise been anticipated, waived, released, discounted, set off or otherwise discharged or compromised. (f) Granter has not received any funds or deposits from any tenant for which credit has not already been made on account of accrued Cash Collateral. (g) None of the tenants under any existing Leases is in default of any of the terms thereof. DEED OF TRUST HCC LOAN #2394 12187-560Hl002/l 28265667.J PAGE 13 [EXECUTION COPYJ 3.3 Covenants of Performance Gran tor covenants and agrees as follows: (a) Grantor shall observe, perform, and discharge, duly and punctually, all of the obligations of the Leases on the part ofGrantor to be kept, observed, and performed; and shall give prompt notice to Beneficiary of any failure on the part of Granter to observe, perform, and discharge same. (b) Granter shall notify and direct in writing each and every present or future tenant or occupant of the Property or any part thereof that any security deposit or other deposits heretofore delivered to Grantor have been retained by Grantor or assigned and delivered to Beneficiary as the case may be. (c) Grantor shall enforce the performance of each and every obligation, term, covenant, condition, and agreement in the Leases by any tenant to be performed, and shall notify Beneficiary of the occurrence of any material default under the Leases. (d) Grantor shall appear in and defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Grantor or any tenant thereunder at the expense of Grantor. 3.4 Prior Approval for Actions Affecting Leases Granter, without the prior written consent of Beneficiary, further covenants and agrees as follows: (a) Grantor shall not receive or collect any Cash Collateral from any present or future tenant of the Property or any part thereof for a period of more than one month in advance (whether in cash or by promissory note) nor pledge, transfer, mortgage, grant a security interest in, or otherwise encumber or assign future payments of Cash Collateral. (b) Grantor shall not waive, forgive, excuse, condone, discount, set off, compromise, or in any manner release or discharge any tenant under any Leases having a term in excess of one year of or from any material obligations, covenants, conditions, and agreements by such tenant to be kept, observed, and performed, including the obligation to pay the Cash Collateral thereunder in the manner and at the place and time specified therein. (c) Grantor shall not cancel, terminate, or consent to any surrender of any of the Leases having a term in excess of one year, nor commence any action of ejectment or any summary proceedings for dispossession of the tenant under any such Leases, nor exercise any right of recapture of the Property provided in any such Leases, nor modify or in any way alter the terms thereof. DEED 01' TRUSr HCC LOAN #2394 12 l B7~5602.0002/J28265667.3 PAGJ: 14 [EXECUTION COPY) (d} Grantor shall not lease any part of the Property for a term in excess of one year, nor renew or extend the term of any Leases of the Property other than month to month rental agreements unless an option therefor was originally so reserved by tenants in the Leases. (e} Grantor shall not relocate any commercial tenant within the Property nor consent to any modification of the express purposes for which the Property has been leased, nor consent to any subletting of the Property or any part thereof, or to any assignment of the Leases by any commercial tenant thereunder or to any assignment or further subletting of any sublease. 3.5 Rejection of Leases Grantor further covenants and agrees as follows: (a} In the event any tenant under the Leases should become the subject of any proceeding under the United States Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of the Leases assigned hereby, Grantor covenants and agrees that in the event any of the Leases are so rejected, no damage settlement shall be made without the prior written consent of Beneficiary. (b) Grantor will request that any check in payment of damages for rejection or termination of any such Lease will be made payable both to Grantor and Beneficiary. (c} Grantor hereby assigns any such payment to Beneficiary and further covenants and agrees that upon request of Beneficiary, it will duly endorse to the order of Beneficiary any such check, the proceeds of which will be applied to any portion of the indebtedness secured by this Deed of Trust in such manner as Beneficiary may elect. 3.6 License lo Collect Cash Collateral As long as there shall exist no default by Grantor or any Borrower in the payment of any indebtedness secured hereby or in the observance and performance of any obligation, term, covenant or condition or warranty herein or in the Note or contained in the Leases, Grantor shall have the right under a license granted hereby (but limited as provided herein) lo collect, but not prior to accrual, all of the Cash Collateral arising from or out of said Leases or any renewals, extensions and replacements thereof, or from or out of the Property or any part thereof. Grantor shall receive such Cash Collateral and hold the Cash Collateral, together with the right and license herein granted as a trust fund to be applied, and Grantor hereby covenants to so apply them, as required by Beneficiary, firstly to the payment of taxes and assessments upon the Property before penalty or interest is due thereon; secondly to the costs of insurance, maintenance and repairs required by the terms of this Deed of Trust; thirdly to satisfaction of all obligations under the Leases; and fourthly to the payment of interest, principal and any other sums becoming due under the Note and Secured Loan DEl31}0FTRUS'J' PAGE 15 !ICC I.GAN #2394 (EXECUTION COPY! 12187-5602.0002/ 128265667.3 Documents, before using any part of the same for any other purposes. Upon the conveyance by Grantor and its successors and assigns of Grantor's interest in the Property, all right, title, interest and powers granted under the license aforesaid shall automatically pass to and may be exercised by each subsequent owner. ARTICLE IV. DEFAULT AND REMEDIES UPON DEFAULT 4.1 Events of Default Any of the following events shall be deemed an event of default hereunder: (a) Default shall be made in the payment of any installment of principal or interest on the Note or any other sum secured hereby when due; or (b) Grantor, any Borrower or any guarantor of the indebtedness secured hereby as applicable shall file a voluntary petition in bankruptcy or such a petition shall be filed against Grantor, any Borrower, or any guarantor; or if Grantor, any Borrower, or any guarantor shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Grantor, any Borrower, or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (c) A court of eompctentjurisdiction shall enter an order, judgment or decree approving a petition filed against Grantor, any Borrower, or any guarantor seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or any trustee, receiver or liquidator of Grantor, any Borrower, or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Grantor, any Borrower, or any affected guarantor; or (d) A notice of lien, levy or assessment is filed or a writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Granter which shall become a lien on the Trust Estate or any portion thereof or interest therein; or DEED OF TRUST 11cc LOAN #2394 I 7.187·5602.0002/128265667.3 PAGEJ6 (EXECUTION COPY! (e) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation, or warranty contained in any of the Loan Documents or any part thereof, not referred to in this Section 4.1; or (I) A default occurs under any guaranty of a loan secured hereby or any guaranty of a loan secured hereby ceases to be in full force and effect or any guarantor asserts that any guaranty is not in full force and effect or any guarantor shall die; or (g) The actual or attempted conveyance, assignment, transfer, mortgage, pledge, encumbrance, or other disposition of the Project, the Property, or Grantor's rights under this Deed of Trust in violation of the terms of this Deed of Trust or the Loan Documents without the written consent of Beneficiary; or (h) If the Loan Documents evidence or secure a construction loan, any of the following events shall also be deemed an event of default hereunder (capitalized terms not otherwise defined herein shall have the meanings given to them in the Loan Documents): (i) The dissolution, liquidation, bankruptcy, reorganization or insolvency, voluntary or involuntary, of the contractor, engineer or architect. (ii) Title to the Property is not satisfactory to Beneficiary by reason of any defect (even though the same may have existed at the time of any prior advance of the loan proceeds), except those matters affecting title which have at any time been consented to in writing by Beneficiary, or the Title Insurer fails or refuses to insure any disbursement to be secured by this Deed of Trust as a valid lien on the Property subject only to those matters affecting title which have at any time been consented to in writing by Beneficiary. (iii) Grantor and Borrower do not construct the Project substantially in accordance with all material aspects of the Plans and Specifications and all applicable laws, rules, regulations and requirements now existing or hereafter enacted, adopted or promulgated of all governmental authorities having jurisdiction over the Property, or Grantor fails to file with the appropriate departments of any governmental authority having jurisdiction over the Property amended or supplemental Plans and Specifications if required by law, or Grantor or Borrower fails to furnish to Beneficiary written certificates issued by such departments approving the Plans and Specifications. (iv) The substantial delay, discontinuation, or prohibition of construction of Improvements on the Property. (v) Granter or Borrower fails to comply with any requirement of any government authority having jurisdiction over the Property within the time required DEED OF TRUST HCC LOAN 12394 12 i 87-5602.00021128265667.J PAGE 17 !EXECUTION COPY) by such authority after notice in writing of such requirement shall have been given to Granter or Borrower. (i) lfGrantoror any Borrower shall be in default, violation or non-compliance with a Permitted Exception. (i) Any default by Granter or Borrower or any guarantor of any of Grantor's or Borrower's indebtedness to Beneficiary under any indebtedness (whether now existing or hereafter incurred) in favor of Beneficiary or the failure of Grantor or Borrower or any such guarantor to comply with or to perform any term, obligation, covenant or condition contained in any agreement between Gran tor and Beneficiary or in any agreement between Borrower and Beneficiary or in any agreement between any such guarantor and Beneficiary (whether such agreement exists now or is hereafter made). (k) The Granter or Borrower or any guarantor of the Grantor's or Borrower's indebtedness to the Beneficiary shall be in default under the terms of any loan agreement, promissory note, lease, conditional sale contract or other agreement, document or instrument evidencing, governing or securing any indebtedness owing by the Granter or Borrower or any such guarantor to any third party and the period of grace, if any, to cure such default shall have passed. (I) Any judgment shall be obtained against the Granter, Borrower or any guarantor of the Grantor's or Borrower's indebtedness to the Beneficiary which shall remain unvacated, unbonded or unstayed for a period of 30 days following the date ofentry thereof. 4.2 Rights and Remedies on Default Upon the occurrence of any event of default and at any time thereafter, Beneficiary may exercise any one or more of the following rights and remedies: (a) the Note. Withhold further disbursement of proceeds of the loan that is evidenced by (b) The right at its option by notice to Grantor and Borrower to declare the entire indebtedness secured hereby immediately due and payable. (c) With respect to all or any part of the Property, the right to foreclose by judicial foreclosure in accordance with applicable law. (d) The right to have Trustee sell the Trust Estate in accordance with the Deed of Trust Act of Washington and the Unifonn Commercial Code of Washington where applicable, at public auction to the highest bidder. Any person except Trustee may bid at the Trustee's sale. The power of sale conferred by this Deed of Trust and the law is not an exclusive remedy and when not exercised, Beneficiary may foreclose this Deed of Trust as a DEED OF TRUST !ICC LOAN #2394 I 2187-56()2.0002/ 12826566 7. 3 PAGEl8 I EXECUTION COPY\ mortgage. Trustee is not obligated to notify any party hereto ofa pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee, or Beneficiary shall be a party, unless such action or proceeding is brought by Trustee. (e) With respect to all or any part of the Trust Estate that constitutes personalty, the rights and remedies of a secured party under the Uniform Commercial Code of Washington. (f) The right, without notice to Grantor, to terminate the license granted to Grantor to collect the Cash Collateral without taking possession, and to demand, collect, receive, sue for, attach and levy against the Cash Collateral in Beneficiary's name; to give proper receipts, releases and acquittanccs therefor; and after deducting all necessary and proper costs and expenses of operation and collection as detennined by Beneficiary, including reasonable attorney fees, to apply the net proceeds thereof, together with any funds of Grantor deposited with Beneficiary, upon any indebtedness secured hereby and in such order as Beneficiary may determine. In furtherance of this right, Beneficiary may require any tenant or other user to make payments of rent or use fees directly to Beneficiary, and payments by such tenant or user to Beneficiary in response to its demand shall satisfy the obligation for which the payments are made, whether or not any proper grounds for the demand existed. (g) The right to have a receiver appointed to take possession of any or all of the Trust Estate, with the power to protect and preserve the Trust Estate and to operate the Trust Estate preceding foreclosure or sale and apply the proceeds, over and above cost of the receivership, against the indebtedness secured hereby. The receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not apparent value of the Trust Estate exceeds the indebtedness by a substantial amount. Granter hereby irrevocably consents to the appointment of a receiver on the terms set forth herein. Employment by Beneficiary shall not disqualify a person from serving as receiver. Upon taking possession of all or any part of the Trust Estate, the receiver may: (I) Estate; Use, operate, manage, control, and conduct business on the Trust (2) Make expenditure for all maintenance, renewals, replacements, alterations, additions, and improvements to the Trust Estate as in its judgment are proper; (3) Insure and reinsure the Trust Estate and all risks incidental to the possession, operation, and management of the Trust Estate; (4) Collect the Cash Collateral and any other revenues and income from the Trust Estate and apply such sums to the expenses of use, operation, and DEED OF TRUST HCC LOAN #2394 121 &7-5602.0002/128265667.3 PAGE 19 I EXECUTlON COPY J management in such priority as the receiver deems appropriate. Grantor shall promptly turn over to the receiver all documents, books, records, papers, and accounts, together with the amount of any deposits, rentals, and use fees from any tenant or other user. The receiver may appear in any proceeding or bring suit on Grantor's behalf, as necessary to enforce obligations of any tenant or other user, including actions for the recovery of rent and actions in forcible detainer; (5) Cancel or terminate any Lease or agreement for any cause for which Grantor would be entitled to cancel the same; (6) Extend or modify any Lease and make any new Lease on any portion of the Trust Estate. Any such instruments shall be binding upon Grantor and all persons whose interests in the Trust Estate are subordinate to this Deed of Trust, and upon the purchaser or purchasers al any foreclosure sale, notwithstanding any redemption from sale, discharge, or indebtedness, satisfaction of the foreclosure decree or issuance of any certificate of sale or deed to any purchaser; (7) Complete any construction in progress on the Property, and in that connection, pay bills, borrow funds, employ contractors, and make any changes in plans or specifications as the receiver deems appropriate; or (8) lfthe revenues and income are insufficient to pay expenses, the receiver may borrow from Beneficiary such sums as the receiver deems necessary for the purposes stated in this paragraph. The amounts borrowed shall bear interest from the date of expenditure until repaid at the same rate per annum as is accruing on the Note. Such sums shall become a part of the balance secured by this Deed of Trust and shall be payable by Grantor on demand. (h) Subject to any limitations imposed by law, the right to obtain a deficiency judgment in the event the net sale proceeds of any foreclosure sale are insufficient to pay the entire unpaid indebtedness secured hereby. (i) Any other right or remedy provided in this Deed of Trust, the Note, any other Loan Documents, or under law. U) lfthe Loan Documents evidence or secure a construction loan, then Beneficiary shall have the right to take over and complete the work of construction, and, for that purpose, to make disbursements from the undisbursed loan funds. Any contracts entered into or indebtedness incurred on the exercise of such right may be in the name of Grantor, and Beneficiary is hereby irrevocably appointed attorney-in-fact (the appointment being coupled with an interest) to enter into the contract, incur such obligations, enforce contracts or agreements theretofore made by or on behalf ofGrantor, and to do any and all things necessary or proper to complete the work of construction, including the signing of Grantor's DEED OF TRUST llCC 1.01\N 1¥2394 12187-5602.000li!28265667_J PAGE 20 (EXECUTION COPY} name to such contracts and documents as may be deemed necessary by counsel for Beneficiary. In no event shall Beneficiary be required to use its own funds to complete the improvements if undisbursed loan funds are insufficient, but Beneficiary may, at its option, advance such funds. Any funds so advanced shall be payable to Beneficiary by Grantor on demand together with interest at the Default Rate stated in the Note until paid and shall be secured by this Deed of Trust. 4.3 Foreclosure by Power of Sale Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be given such Notice of Default as then required by law. Trustee shall, without demand on Gran tor, after lapse of such time as may then be required by law and after Notice of Sale and Notice of Foreclosure having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale and Notice of Foreclosure, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. (b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest, all other sums then secured hereby and the remainder, if any, shall be paid into court in the manner provided by law. 4.4 Sale of Personal Property Beneficiary shall give Granter reasonable notice ofthc time and place of any public sale of any Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten days before the time of the sale or disposition. 4.5 Due on Sale or Increase in Interest Rate on Sale Grantor agrees and acknowledges that the indebtedness evidenced by the Note is personal to Granter and Borrower, and that Grantor's personal responsibility and/or control of the Property is a material inducement to Beneficiary to agree to enter into this transaction. DEED OFTRUST PAGE 21 HCC LOAN #2394 !EXECUTION COPY) l 2 l 87-5602.0002/l l8265667.3 Any conveyance of the whole or any part of the Property, whether by deed, contract, further encumbrance (by way of any lien, mortgage, deed of trust or otherwise), lease of the same (other than a lease of any portion of the space in the improvements on the Property in the ordinary course of business without an option to purchase) or otherwise, without Beneficiary's prior written consent, or any transfer of capital stock or partnership interests or limited liability company interests in Grantor without Beneficiary's prior written consent, shall be deemed to increase the risk of Beneficiary, and Beneficiary or other holder may declare the entire unpaid balance immediately due and payable, or, at its sole option, it may consent to such conveyance, or transfer in writing and may increase the interest rate on the Note, change the maturity date of the Note, modify the loan terms, or impose whatever other conditions it shall deem necessary to compensate it for such increased risk. Any increase in interest shall entitle the holder to increase monthly payments on the loan evidenced by the Note so as to retire the obligation within the original stipulated time. In the event Grantor shall request the consent of Beneficiary in accordance with the provisions of this Section 4.5, Grantor shall deliver a written request to Beneficiary, together with such infonnation as Beneficiary may reasonably request regarding such conveyance or transfer and shall allow Beneficiary 30 days lo evaluate such request. In the event Beneficiary approves such conveyance or transfer, Granlor shall pay Beneficiary a processing fee in an amount to be determined by Beneficiary but in no event less than $500 to compensate Beneficiary for its costs in processing such request. Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to any further or successive transaction. The execution and delivery by Grantor of any joint venture agreement, partnership agreement, declaration of trust, option agreement, or other instrument whereunder any person, corporation, or other entity may become entitled, directly or indirectly, to the possession or enjoyment of the Property, or the income or other benefits derived or to be derived therefrom, shall in each case be deemed to be a conveyance or transfer for the purposes of this section, and shall require the prior written consent of Beneficiary. In the event ownership of the Property or any portion thereof becomes vested in a person other than Grantor herein named, Beneficiary may, without notice to Grantor herein named, whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the obligations secured hereby, in the same manner as with Grantor herein named, without in any way vitiating or discharging Grantor's liability hereunder or the obligations hereby secured. 4.6 Attorneys' Fees In the event suit or action or proceeding is instituted to enforce any of the terms of this Deed of Trust, Beneficiary shall be entitled to recover from Grantor such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and in any bankruptcy proceeding. All reasonable expenses incurred by Beneficiary that arc necessary at any time in Beneficiary's opinion for the protection of its interest or the enforcement of its rights, including without limitation, the cost of searching records, obtaining title reports, surveyors' DEED OF TRUST (ICC LOAN #2394 I 2187~5602.0002/ 128265667.3 PAGE22 I EXECUTION COPY] reports, demanding payment, attorneys' opinions, or title insurance, whether or not any court action is involved, shall become a part of the indebtedness secured hereby, payable on demand, and shall bear interest at the Default Rate from the date of expenditure until paid. ARTICLE V. MISCELLANEOUS 5.1 Governing Law This Deed of Trust shall be governed by the laws of the State of Washington. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents arc declared to be severable. 5.2 Modification This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 5.3 Inspections and Appraisals Grantor agrees that Beneficiary shall have the right to obtain, at Grantor's expense, an appraisal of the Property, prepared by an appraiser acceptable to Beneficiary and in substantial conformance with governmental regulations applicable to Beneficiary and approved by Beneficiary at any time that (a) an event of default has occurred hereunder or under any of the Loan Documents, (b) any damage or destruction of the Property occurs, (c) Beneficiary determines in its sole opinion that the security for the Note has been physically or financially impaired in any material manner, or (d) such appraisal is required by then current banking Jaws or regulations. In the event that Beneficiary shall elect to obtain such an appraisal, Beneficiary may immediately commission an appraiser acceptable to Beneficiary, at Grantor's cost and expense, to prepare the appraisal and Granter shall fully cooperate with Beneficiary and the appraiser in obtaining the necessary information to prepare such appraisal. In the event that Grantor fails to cooperate with Beneficiary in obtaining such an appraisal or in the event that Grantor shall fail to pay for the cost of such appraisal and Beneficiary's internal appraisal review fee, immediately upon demand, such event shall constitute an event of default hereunder and under the Loan Documents and Beneficiary shall be entitled to exercise all remedies available to it hereunder and under the Loan Documents. 5.4 Reconveyance by Trustee Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of the Note to Trustee for cancellation and retention or upon DEED 01: TRUST HCC LOAN •B94 12 I ll7-5602.0002112826S667.J PAGE23 [EXECUTION COPY] payment or the Release Price (as defined in the Loan Agreement) and upon payment by Grantor of Trustee's fees, Trustee shall reconvey to Grantor, or the person or persons legally entitled thereto, without warranty, the applicable portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconvcyance may be described as "the person or persons legally entitled thereto." 5.5 Notices Whenever Beneficiary, Grantor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be deemed given when (i) personally delivered, (ii) three (3) days after deposit in the United States mail by registered or certified mail, postage prepaid and return receipt requested or (iii) one (I) day after deposit with a nationally recognized overnight delivery service such as Federal Express or Airborne. Any communication which is mailed or deposited with an overnight delivery service as provided above shall be addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 5.6 Acceptance by Trustee Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 5. 7 Captions The captions or headings at the beginning of each section hereor are for the convenience of the parties and are not a part of this Deed of Trust. 5.8 Invalidity of Certain Provisions If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Trust Estate, the unsecured or partially unsecured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further, the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof. DEED OF TRUST HCC I.OAN #2394 12187,5602.00021128265667.3 PAGE 24 [EXECUTION COPY( 5.9 Subrogation To the extent that proceeds of the Note are used to pay any outstanding lien, charge or prior encumbrance against the Trust Estate, such proceeds have been or will be advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all rights and liens owned by any owner or holder of such outstanding liens, charges and prior encumbrances, irrespective of whether such liens, charges or encumbrances are released. 5.10 No Merger If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part of the Trust Estate shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or subleases then existing and created by Granter shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure sale shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or suhlease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. 5.11 Late Charge Grantor recognizes that default by Granter in making the payments under the Note and/or in any of the other Loan Documents when due will result in Beneficiary incurring additional expense servicing the loan, loss to Beneficiary of the use of the money due, and frustration to Beneficiary in meeting its other loan commitments. ln the event that any payment or portion thereof is not paid within 15 days after the date it is due, Beneficiary may collect, and Grantor agrees to pay with such payment, a "late charge" of 5 percent of any overdue amount as liquidated damages for the additional expense of handling such delinquent payments. Such late charge represents the reasonable estimate of Beneficiary and Gran tor of a fair, average compensation due to the failure of Granter to make timely payments. Such late charge shall be paid without prejudice to the right of Beneficiary to collect any other amounts provided to be paid or to declare a default hereunder. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. DEED OF TRUST HCC I.OAN ~2394 12187-5602.0002/128265667 . .3 [SIGNATURE PAGE FOLLOWS] Pt\Gll 25 (EXECUTION COPYJ IN WITNESS WHEREOF, Granter has executed this Deed of Trust as of the day and year first above written. DEED OF TRUST HCC LOAN #2394 I 2187-5602.00021 l2826S667 .3 Grantor: ALBACORE AC!-1, LLC, a Washington limited liability company By: Mirojo Builders, LLC, a Washington limited liability company, as Manager By~ ~::A{,;.,... Title: Manager PAGE26 [EXECUTION COPY) STATE OF WASHINGTON ) ) ss. COUNTY OF /<ttJ9 ) I certify that I know or have satisfactory evidence thaL.1%1.M@$1)'1,4?{U is the person who appeared before me, and said person acknowledged that such person signed this instmment, on oath stated that such person was authorized to execute the instrument, and acknowledged such person as a Manager ofMirojo Builders, LLC, a Washington limited liability company, the Manager of ALBACORE ACH, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (}c;ro8,d2.... k'J -. . LAURIE M. NYBERG ' NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 29. 2017 • . . DEED OF TRUST IICC LOAN #2394 12187-5602.0002} 128265667.3 , 2015. Signature ofNota ) L/ttl/Zlf;-M ;V llMf41 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at: ~()llf/-: My appointment expires: Of} ·?fl-cJ PAGE 27 (EXECUTION COPY] STA TE OF WASHINGTON COUNTY OF /::u.JC7 ) ) ss. ) I certify that l know or have satisfactory evidence tha!Mu{-d:f& 6~s the person who appeared before me, and said person acknowledged that such person signed this instrument, on oath stated that such person was authorized to execute the instrument, and acknowledged such person as a ManagcrofMirojo Builders, LLC, a Washington limited liability company, the Manager of ALBACORE ACH, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Vorz)~d-?,.J LAURIE M. NYBERG • NOT ARY PUBLIC • STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 29. 2017 DEED OP TRUST HCC LOAN #2394 l 2 l 87-5602.0002/128265667.3 , 2015. 1gnature ofNota L#f!tffe kl ?rr.~ (Print or stamp name ~otary) NOTARY PUBLIC in an6or the State of Washington, residing at: S:S,f}--13,Jttt/ My appointment expires: t?,8 . 7fi'. -f) PAGE 28 JEXECUTION COPY) EXHIBIT A to Deed of Trust LEGAL DESCRIPTION Real property in the County of King, State of Washington, described as follows: PARCEL I: LOT B OF KING COUNTY TESTAMENTARY DIVISION NO. L08M0034, RECORDED AUGUST 12, 2008 UNDER RECORDING NO. 20080812900004, KING COUNTY, WASHINGTON, BEING NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY WASHINGTON: LESS NORTH 100 FEET OF THE WEST 440 FEET. PARCEL II: PARCEL B OF CITY OF RENTON (NIPERT) LOT LINE ADJUSTMENT NO. LUA14- 000250 RECORDED JUNE 4, 2014 UNDER RECORDING NO. 20 I 40604900004, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY WASHINGTON. Tax Parcel Number: 142305902306 and 142305912206 Situs Address: 14038 156th Ave SE, Renton, WA 98056 Ol':1':ll OF TRUST I ICC tOA N #2394 12 I 87-5602.0002/\ 18265667.3 PAGE29 [llXECUT!ON COPY) -~ ~ ~ -~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • .. • • • • • • • • • ...... .. • • I • • • • • • • .. • • • • • • • • • • • • • • • • • • • .. • • • • .. • • • • .. .. • • • • • • .. .. • .. .. .. .. • • • • • • .. .. • .. • .. .. ... .. I .. .. .. .. I I • I .. -• • • • • • • .. • .. • • • • • .. • • • .. • .. • • • • • • • .. • • • .. .... • • • .. • • .. .. • • ,; .. • • • • • • • • • • • .. .. • • • • .. • • -• • • • .. • • • • • • • .. • • • .. • • • .. • • • • • • • • .. • .. • .. • .. • • .. • • • .. • • • • • • • .. .. .. .. .. • .. • • .. • • • • .. ... .. • • I I • .. .. .. .. • • • • .. .. .. .. .. • • • .. .. • • • .. • • • • .. • .. .. .. • .. • • .. .. • • .. • • .. .. • .. .. • .. • • .. .. • .... • • .. .. • -• .. • • -. .. I • .. • I • I .. -• .. • • .. • • • -• .. .. • .. • • .. • .. • .. • • • .. .. .. • .. • • • • • • .. • • .. • • .. • • • • • • .. • .. • • • • .. • .. .. .. • • • • • • • -• • • • .. • • • • • • • • · CITY OF RENTON NIPERT LOT.iUNE ADJUSTMENT LUA\4-000250 .)lNO.,.;.JO'"'-Q:;58'. oWN&s DECL~RAT1hN KNOW ALL·.'MEN BY "O{(SE PRESEt,tS THAT ,WE [iE UNO£R-S1qNEO--:·. 0WNER(S)'Of:.1H[ Llir-D HEREIN.[l[SCRIBED-·00 lteRESY I.IAK&•,r,,' LOT ··:, ~ 1tci ... ~~ J~f ~~Ism~~~ 0fri ~i R~~t~i~~~1_t~:p~ls~;-~;°o/~~ ./ .. THE SA!,IE, AND THAT SA1l!·:llt:JJUSJ¥£JH IS.-i,ADE Willi THE fR[C· CONSENT AND IN /o.CCORDANCE.' 'MD"J.-JHE OES~,ES OF H-1~}.~:-~:S). IN WITNESS WHEREOF WE HAVE SET OUR '/:!ANOS ANO SEALS. 3.J\., ~1\,~,$. SALJ..Y LouWWERr STATE OF WASHINGTON ) ) ss COUNTY OF M.;1-) I CERTIFY -:HAT I KNOW OR HAVE SAT];ACTORY EV,DEN~'[°"ii,~:r SALLY LOU NI PERT IS "lHE PERSON \'IHO APPEARED BEFORE ME;.°:ANO SAID PERSONS ACKNOWLEDGED Tl-JA,T" SHE SiGNEll.,"(HIS INSTRLiME"NY. :~~ ~~: titt~:t 0p~WPQ1ii SiN~~;-Tr~,t~1Ti~~:N\ APPROVALS CITY OF RENTON EMMINED AND1 ilf P~O\IEC Tl-J't= DAY OF ~ _e,__S_lJ_. -... CITY OF RENTON ADMINISTRATOR, DE~ARTl,IENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ··.·.· .• KING COUNT" DEPARTMENT,QF:./,.SSESSl,IENTS 2014. ,r,?;i~·'.::~~'"·f: .i<IN<&%.n-AS~-~:S.S.9,~ .. <_:,/-~~~UTY KING,:~o..:rn•Y ~s's~ ; .. )·' PARCEL NO. 1-4;l3DS!l057 '.i.ND 1423059!22 • ·:_,: . : : :, .• .,· _._:··· _.)' /' _./~ .. .-::···=· ... ,.· · .. _•_ ORI GI Ni\L cEGAL,' DESCRIPTI ciiis. , ..... ······"PARCE( A: .,:· .~.--..... .. • TJ'lt·'WEST 440 FE!:;T" Of THE NOliTH 100 ffET OF Tl-Ji'i"·'.-.ORTHw[ST QUARTER OF THE:0-SOUTHl'IES,:._-{)uARTi':R. D~ ".HE SOLITHEASf "QUARTER OF SECTION 14.<·TOWNSHIP 2,3· NORTH .IJANG£ 5 E~$T, W.!>,!.'. EXCEPT COUN~ -~ciAfl: SITUATE IN THE COUNTY OF KINC(~r~TE o.----:~SHIN~;=Tmi rt~1\f KING COUNTY TESTAMENTARY DIVISION Nci·.:·J_C81.10034:' ~l~CGO~~NfJG.~l~1~GT2aoJ.B UNDER RECCRDli,;C NC. 21l_.9B08129D0004, BEING NORTHWEST QUARTER OF THE SO"JTJ-J\\'EST QUARTER -~tii,;f'• .. SOUTJ-1[AST QUARTrn OF stCllON H. TO\V:.SHIP 23 NORTH. RANCE 5 EAST, W.M., KING COUNTY WASHINGTON: LESS NORTH 100 FEE.T OF THE WEST 440 FEET. :,:~:w~-~~1;~6;'.t' ,£""'""'. ).!) NOTARY PU8UC ( • .,· .s'°"~-a;l'IL"/;' 1-\lt,: . I _-:· :.· .ff -ti:.,.. ........ ,,,,.·· ,,,: _.,· mu:~:: .·:. ,-.-:ff/J):,e ·~':-,,Q,;t,;.; ... "SURVEYOR'S NOTES .,;_·_ ··.,., .. ,·· J..e{.::;;~://1.·trt.{"-, MY APPOIN™ENT "E:->:PIRES t•/7./,f -i~ i.:_. ~:·. o-_i.-~i . 1. ALL TI'fr.E INFORMATION SHOWN ON THIS MAP tlAS LI[[N EXTRACTED FROM Fl%1;AMERICAN TITLE INSURANCE COMPANY COMMIH.tENT FOR ···2.mti~~t'l~ 2~~;o:f ;ippo::c~~o;RA:Du~fR~T 4 A~tRln~i;~l;tE ·. -----_\i/P· ',l·J.J.,..g \/~•, .... '•,l:1~~.l. 11/Ji ,),,'t/U"'.# ,, 'Hnlli'II,""°'' TIT_E RESTRICTIONS 1. THIS SITE IS SU9JECT TO THE TER.~S AND PRO\/IS10NS CONTAlNEC IN Tl-JE OCCUMENT ENTITLED "CITY OF RENTON, WASHINGTON ORDINANCE ND. ~46~" INCLUDING r ACIUTY CHARGES. IF ANY,' INC\.JOING BUT NOT LIMITED TO HOOK-UP. OR CONNECTION CHARGES t~ND LATECOMER CHARGES FOR SEWE~. WAlER AND PUBLIC FACILITIES OF CIIY or· flLNTON AS DISCLOSED BY INSTRUMENT RECOR(;EO UNDER RECCR.DING NUMBER 20091105000541. 2. TI-11S SITE IS SUBJECT TO ANY A~D Al.~ OFFERS OF OEO<CATION, CONDITIONS. RESlRICTIONS. EASEMENTS. FENCE UNE/BCUNOARY DISCRU"MICll:s. NOTES ANr,/crn Plm\/lSJQNS SHOWN OR DISCLOS£0 BY SHORT PLAT OR PLAT OF KINC COUN-:Y TESTAMENTARY DIVISION NO. ~CaMOD34 RECORDED UNDER RECORDING NUMBER 20oeoe12900004 1:fl!~[lii~l~~!IIIIIIIIIIIHlli 20140604900004 CHY OF Rl,NJON a.,.ni, ,.,.ae .• AT ••• M ::.ucc,T or PAGE-~01 OF 002 VOL Jl0 P~ 2"1 05f~/7.14 15,31 Kl ... COUNT'/, WI i.XA"iJ"AGt"Fi"" .. ···so,r~··· IN5URANCE COMPA~Y COMMIThl(i\T FOR TITLE INSURANCE ORDER .NllMS~R 42.P-21736'..2-n;•:'.tl'l""JANVARY 29, 2014 AS TO rARCF.l 8. .:)·-~A:RJ6~8.EW·~OM1~~EfE~·o~;~~triwc~N~ci;t~Ni~~-s s1 ~~0NG CONS~l,.,JING.E"NGINEERS l.~C. AWA~E OF AMY-TITLE ISSUES AFFECTING Tl-JE SCll<VE\"i:O PROPERT)(.'O'fHffi·.Tl-JAN THOSE SHOWN-ON THE MAP AND··tl1SC(6SED BY REPtRENCEO.'P]RST AME_RfCAfl Tll}.t 11-IsURANCE ,BbMPAN-'f"" COMMITMEN'TS. D.R. ST~Ol<IG. CONSULllNG. :E'.NCINEERS.·.\NC. ,•' HAS REG/to WHCLL·:i' ON nRST AMERIC~=,"1-iTLE C_elMPANY :· REPRCSt:NTATIONs":(IF Tl-IE llTLE'S CONDITION T0-.1"REPARE.,:fHJS 5U,~VE'(·.ANO THERf:~ORE /l,B. STRONG CONSU\_jlNG ENGlt_+f:ERS INC. f;:::;~ THE MAP'$" ACCURi•;Qr .. ~ND COMP!1'TENESS ).0 THAT 2. ALL su·~~'fa:o.N.TROL 1~d~D AS-" ... ~~UND. wi· REcovrnti/ FOR THIS PROJECT IN o·~ctos~. 2013. . . 3. ALL DISTANCES ARC: IN FEET. 4. ililS IS A F"ELO TRAVERSO SURVEY::-.J\_LEICA [l'IE'$tCOND .. COMBINED ELECTRONIC TOTAL STA110N WAS"I.JS£-0. TO.·-M.C:ASURE JHE ANGULA~ AND D:STANCE RELATIONSHIPS BETWEEN T'1t.cotfTFIX[ING MCNUM[NTATION AS SHOWN. CLOSURE RATIOS OF T1-JE"TRA_VERS£ MET OR EXCEEDED THOSE SPECIFIED IN WAC JJ2-130-09D:··ALL MF.ASURING INSTRUMENTS ANO EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTuRrn·s SPECIFICA!l()NS 5. THE BOUNDARY SKO'IIN HEREON IS BASED ON KING COUNTY TESTAMENTARY 01\tlSION NO. LD8M0034, RECORDEO UNDER RECOROING [,;UMBER 20080812900004, REFERENCE I. LAND SURVEYOR'S CERTIFlCATE Tl-!IS BOUNDARY LINE Ai=J ',MENT COR!l:ECTL Y REPRESENTS A SURVEY MA BY ME QR/,iJNDER MY DIREC"'."lON IN CONFORMANC~n STAT9'.::0,ND COUNTY STAW,'Jlf JRY 9 ~ CERTIFICATE NO. 37555 !_Vf_~ " • " RECORDING NO. ----,~~~,~4ll' -- (Nsa1a·1o·w R 1 & R.2) Nsa,-,·~3·w Q!._881S"37"W R.4.)_ B53.a~· (65.J.87" RA) PARCEL A ____ ..J 65."l.82 VOL/PAGE + '"T"'"--+-~-J . I --+--- I a ~BB17"43"W ~ ! IJ07.B5' I ~."" PARCELS IH ' "- s.· dl c , la' ''o •< " >" ··=······: .... ~; ! l~---+'--:;f'------~~ · 1 ~1:i I, i I 1 ei I): l~I u,. ±SM"~ ll Z ~ '-":::..,, '----,\5413' , 651..n: "'I ,Mme • ~ , .w,; ~;;;;;¥}-':'i~ ""' i !i • .,, '"'·'""-..,., "" oo •rn "' ··· · r TACK &: LE>JJ ONUM<Nl CA • ' ;; °'~" '"" T • ,i~i:',;~ -~:', "1c: • ----+-" " " , . --'"~.,;:,!,----I ' '"·Oc. """""w 'f;!'i :'u, "'" _/ " -(sM·aow·~ '°' · · '" co,m= ':::":i::: u• " " oo°"""' ;~rn o• ss= '""'ro .s ~0 ~ \_ ,oo"° , . .,. °''!':;!\,',,"· ::'°'"''" "~· ' ',"l, _,, ec,,,e',i,;a,• H STAAIPEO LS MONUMENT CASI': OOWN o;t IN '~ ·-..... N·6R.TH · o ··~~;,w~go;3~C(.,-~~- _._-11NcH" 2-C'liFf'.'0• ... iJ;:IS.,O{BEAl11NGS fl88•37"40"W ALOt,'G THE a(lUTI-1 LiNE~O~ Tl-II;-. SOU11,EA3J. ?U!\l'ilER OF S<;CllON 14-23";'5 P~~ KjNQ COUNJY :;~Rv£·Y CONTRCJ!.-PCINT5 376.! ANO:J764. SECTICN SU80111SION PER RECORD OF SURVEY RECOfWED IN \/OLUM~ 105 OF SUR=. PAGC J. UNDER RECO.~DINC NUMBl:R 95080g9005. REFERENCE 2. 23 I 24 '" 1438 ~ ) " ./"':,: ,~:r'"' ...... ' .. - llfilt;J] D.R. STRONG'' .·.··' .. CONSULTING ENGINEEJ1.S :.=i~TI[c;~~;i ~r·:~.!{~-.~;iv.~ 1/+ ENGINEERS PLANNERS SURVEYORS 620 7TH AVENUE~ KIRK!.AND. 'NA98033 425.627.3063 OFFlCE 800,962.1402 TOLL FREE 425.627.2423 FAX wwwdr.atrong.rom D~. BY :: I DATE.:· SJS/FAO :-: .... .JJ;;1.f.ii14 CHKO. BY SCALE N/A JOfJ:."NO. (13117 st~. OF)( 0 z " z 6 is 0 w "' 1--z w z 2 ~ tr; 0 zr-:::,8~: wn::--:> or n:: w ... P O .g t:S ~ ~· 1l >--• z ~ I--:::J u ~- _J .,~:11~;. ~·1;.,~UlON ·35 .:irlN3/\~ ~~ -. --.'.· VOL/PAGE N ..:-· ... ·.;~·· ·:~ ,) .·._•·.·.·.·.······.···:__,. ·····~-I .. RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (MB) PO Box 97034 I EST -06W Bellevue, WA 98009-9734 + PUGET SOUND ENERGY ~Jll,_121111iilllfl PUGET SOUND EN 18000251 PAGE-001 OF 00SEAS 77.00 12/1812013 09·Sg KING COUNTY, WA EASEMENT REFERENCE #: ORIGINAL GRANTOR (Owner): ALBACORE ACH, LLC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SE 114 of Sec. 14, Twsp. 23N, Rge. 5E, W.M. ASSESSOR'S PROPERTY TAX PARCEL: 142305-9122 and 142305-9023 20151218000251.001 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ALBACORE ACH, LLC, a Washington limited liability company ("Owner' herein}. hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the followir'!9 described real property (the "Property" herein} in King County, Washington: SEE ExHlBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property rEasemenl Area" herein) described as follows: SEE ExHIBIT "B" ATTACHED HERETO ANO BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate. maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may Include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers far gas; fiber optic cabte and other lines, cabfes and facilities for communications: semi-buried or ground~mounted facilities and pads, manholes. meters. fixtures, attachments and any and all other facilities or appurtenances necessary or convenient 1o any or al) of the foregoing. Following the initial construction of a!I or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut. remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right. but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. PSE E.-~m~n,2014 WO# 105076374 1070493l8 RW. 093306 P.,g.larS 20151218000251.002 3. Trees Outside Easement Area. PSE shall have the right to cut, him remove and dispose of any trees located on the Property outside the Easement Area that could. in PSE's sole judgment. interfere with or create a hazard ta PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort 10 give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber {if any} cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of ils facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibtlity of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property, 5. Owner's Use of Easement Area. Owner reserves lhe right to use the Easement Arna for an.y purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a resurt of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for thal portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property or Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and Interests arising in and under this easement Without lfmiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATEDthis 87:! dayof 'T;;ec.--..he,s ,20/>. OWNER: ALBACORE ACH, LLC By:~ )kamej Its: /)1AM4e./ (title) ./ PSE E ••••• "' 2014 WO# 105076374 107049318 RW• 093306 p.,._. 2 or 5 STATE OF WASHINGTON COUNTY OF Ki N (q ) ) ss ) 20151218000251.003 On this ./3__ day of ~&<'.-, 20/,>-:before me, the undersigned, a Notary Public ln . and the State of Washington, duly commissioned and sworn, personally appeared 'e I • (l o , lo me known to be the person(s) who signed as , of ALBACORE ACH, LLC, a Washington limited Ila llity c pany, the corporation that executed the within and foregoing instrument, and ackno~edged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunl the day and year first above written. LAURIE M. NYBERG NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 29 2017 NOTA~L~ for the State of Washington, residing at 12. l My Appointment Expires: 06 ?.,"f · 17 Notary seal, text and all notations must be inside 1'' matgins PSE E ... m.o,2014 WON 105076374 107C49318 RW-093306 Pn11 .. 3or5 PARCEL 142305-9122: EXHIBIT"A" LEGAL DESCRIPTION PARCEL B, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-000250, RECORDED UNDER RECORDING NO. 20140604900004, KING COUNTY, WASHINGTON. PARCEL 142305-9023: LOT B OF KING COUNTY TESTAMENTARY DIVISION NO. L08M0034, UNDER RECORDING No. 20080812900004, KING COUNTY, WASHINGTON. PSE E ••• -•• , 2014 WO# 105076374 107049318 RW-093306 Pag•4or5 20151218000251.004 EXHIBIT "B" EASEMENT AREA EASEMENT No. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW DR HEREAFTER DESIGNED, PLATIED, AND/OR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT No. 2: A STRIP OF LAND 10 FEET IN WlOTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TD AND COINCIDENT WITli THE BOUNDARIES OF SAID PRIVATE AND PUBLIC STREETS, DRIVES AND ROAD RIGHTS-OF-WAY. PSE E .. u,., .. .,, 20111 WO# 105076374107049318 RW-093306 P.g ... 5 or 5 20151218000251.005 RECEIPT EG00051896 BILLING CONTACT Justin Lagers PNW Holdings LLC 9675 SE 36th St, 105 Mercer Island, WA 98040 REFERENCE NUMBER FEE NAME LUA 16-000280 PLAN -Final Plat Fee Technology Fee Printed On: April 13, 2016 Prepared By: Jan Illian RECEIVED --------Renton® 1055 S Grady Way, Renton, WA 98057 CITY OF RENTON PLANNING DIVISION TRANSACTION TYPE Fee Payment Fee Payment Transaction Date: April 13, 2016 PAYMENT METHOD Check #1172 Check #1172 SUB TOTAL TOTAL AMOUNT PAID $1,500.00 $45.00 $1,545.00 $1,545.00 Page 1 of 1 J