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Home My WebLink AboutLUA -08-057_Misc 01I WETLAND ASSESSMENT REPORT PLAT OF LAKE WASHINGTON VIEW ESTATES (King County Parcel No. 3224059081) Renton, Washington Prepared for: The Rob·Clarissa Partnership, LLP Greg Fawcett PO Box 402 Fall City, Washington 98024 Prepared by: Evergreen Aquatic Resource Consultants, LLC PO Box 1721 Issaquah, Washington 98027 (425) 677-7166 Project No. 08·1·021 May 16, 2008 DEVELOPMENT PLANNING CITY OF RENTON JUN - 9 2008 RECEIVED Wetland Assessment Report Plat of Lake Washington View Estates LIMITATIONS The determination of critical area limits, classifications, and ecological types is an inexact science that requires subjective determinations. The results, conclusions, and recommendations presented in this report represent a best professional opinion based on the noted technical methodologies, professional experience, regulatory requirements and guidance known to be in effect at the time the work was completed, and any noted site, weather, and time of year considerations. All critical area classifications and the associated conclusions and recommendations noted should be considered preliminary until confirmed by all applicable regulatory agencies. We warrant that the work performed conforms to the standards generally accepted in our field and that this report was prepared substantially in accordance with the technical guidelines and criteria in place at the time of preparation. No other warranty, expressed or implied, is made. Prior to any property transfer, preliminary design, and/or construction activities, the results and conclusions in this report should be reviewed and approved by the appropriate regulatory agencies. This report was prepared by and/or under the direction of the undersigned. May 14, 2008 Page i Wetland Assessment Report Plat of Lake Washington View Estates TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................................................... 1 2.0 SCOPE OF WORK AND METHODOLOGY ........................................................................................................... 1 2.1 Overview ....................................................................................................................................................... 1 2.2 Literature Review .......................................................................................................................................... 1 2.3 Site Investigation ........................................................................................................................................... 1 2.4 Wetland Buffer Width Analysis ...................................................................................................................... 2 3.0 RESULTS ............................................................................................................................................................... 2 3.1 Literature Review .......................................................................................................................................... 2 3.2 Site Investigation ........................................................................................................................................... 3 3.3 Wetland Buffer Width Analysis ....................................................................................................................... 5 4.0 CONCLUSIONS ..................................................................................................................................................... 8 5.0 RECOMMENDATIONS ........................................................................................................................................... 9 6.0 REFERENCES ..................................................................................................................................................... 10 Table 1 Table 2 Table 3 Appendix A Appendix B Appendix C LIST OF TABLES Flagging Scheme for Wetland Limits and Sample Plots ......................................................... 3 Preliminary Wetland Classifications and Standard Buffer Widths for On-site Wetlands ................. 6 Amphibian Species Common to Puget Sound Lowland Wetlands ............................................ 8 LIST OF APPENDICES Delineated Wetland Locations Routine Wetland Determination Data Forms Preliminary Plat of Lake Washington View Estates May 14, 2008 Page ii Wetland Assessment Report Plat of Lake Washington View Estates 1.0 INTRODUCTION Evergreen Aquatic Resource Consultants, LLC ("Evergreen") is pleased to present this report summarizing our wetland assessment work completed a 5.53-acre vacant parcel located east of Lake Washington Boulevard North in Renton, Washington. This report presents an opinion as to the limits and the general characteristics of wetlands identified within the subject site. In addition, a wetland buffer width analysis is included per the requirements of Renton Municipal Code (RMC) 4-3-050.M.6.d. The findings presented in this report are consistent with those made for the subject site under a previous development proposal, which was recently withdrawn. We understand the development activities proposed for the subject site include the subdivision of the existing 5.53- acre parcel into 13 single family residentially zoned lots, the construction of a new roadway extending east from Lake Washington Boulevard to provide access to 12 of the lots (access to the remaining lot will be provided via Meadow Avenue North), and the construction of other infrastructure associated with the overall plat improvements. As proposed, no direct impacts to wetlands and associated standard width buffers will occur. We understand that this report will be submitted with a buffer enhancement plan to the City of Renton to address specific development regulations pertaining to the proposed subdivision of the existing parcel. 2.0 SCOPE OF WORK AND METHODOLOGY 2.1 Overview This report summarizes the findings from: 1) a completed literature review of to wetlands, streams, and soil types known to exist within and adjacent to the subject site; 2) a site investigation to formally delineate and characterize wetlands identified within and adjacent to the subject site; and 3) a technical analysis of existing buffer conditions per the criteria contained within RMC 4-3-050.M.6.d. 2.2 Literature Review Prior to completing the site investigation, readily available literature and natural resource inventory maps were reviewed to gather information on wetlands, streams, and soil types known to exist within and/or adjacent to the subject site. These documents included, but were not limited to, the following: • Readily available aerial photographs • Soil survey maps for the local area • National Wetland Inventory ("NWI") quadrangle maps for the local area • Local critical area maps 2.3 Site Investigation RMC 4-11-230 defines wetlands as: "Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands May 14, 2008 Page 1 Wetland Assessment Report Plat of Lake Washington View Estates intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands." RMC 4-3-050.MA.a requires wetlands be identified and delineated per the criteria and methodologies contained within the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology 1997). The classification criteria for wetlands are specified in RMC 4-3-050.M.1.a. Site investigation work was completed on October 2, 2006 and October 3, 2006 to formally delineate and characterize wetlands located within the subject site using the methodologies required by the City of Renton. Additional site investigation work was completed on May 30, 2007 to amend the results of the October 2006 site investigation. Where delineated, the limits of wetlands were marked on-site using sequentially numbered pink flagging labeled "Wetland Delineation". Non-random, representative sample plots were established in on-site wetland and upland (non-wetland) areas to formally document vegetation, hydrology, and soil characteristics. Representative sample plot locations were marked on-site using sequentially numbered blue fluorescent flagging. A figure showing the location of the wetlands delineated within the subject site is included in Appendix A. Routine wetland determination data forms used to document data collected within established sample plots are included in Appendix B. 2.4 Wetland Buffer Width Analysis Following the wetland delineation work, each delineated wetland and associated buffer was evaluated using the criteria included in RMC 4-3-050.M.6.d to determine if increased buffer widths are warranted based on the presence of unique habitat characteristics and/or the proposed site development activities. 3.0 RESULTS 3.1 Literature Review The Soil Survey of King County Area, Washington (Snyder et al. 1973) maps the following soils within the subject site: • Alderwood gravelly sandy loam, 6% to 15% slopes (AgC): A moderately well drained soil formed under conifers in glacial deposits; soil typically comprises a very dark brown, dark brown, and dark grayish-brown gravelly sandy loam approximately 27 inches thick; a weakly consolidated to strongly consolidated substratum exists at a depth of 24 to 40 inches; runoff is medium and erosion hazard is severe. May 14, 2008 Page 2 Wetland Assessment Report Plat of Lake Washington View Estates • Indianola loamy fine sand, 4 to 15 percent slopes (InC): A somewhat excessively drained soil that is formed under conifers in sandy, recessional, stratified glacial drift; soil typically comprises a brown, dark yellowish-brown, and light olive brown loamy fine sand; permeability is rapid, runoff is slow to medium, and the erosion hazard is slight to moderate. • Norma sandy loam (No): A poorly drained soil formed in alluvium under sedges (Carex spp.), grass, conifers, and hardwoods; soil typically comprises a black sandy loam overlying a dark grayish-brown and dark-gray sandy loam; permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. Alderwood soils are mapped as occurring in the southwest corner of the subject site, Indianola soils area mapped as occurring in the central and southeast portion of the subject site, and Norma soils are mapped in the northern portion of the subject site. Alderwood and Indianola soils are generally not considered hydric soils; however, Norma soils are classified locally and nationally as hydric soils (USDA 2001; USDA 1991). Wetlands/Streams The subject site is located within the South Lake Washington Sub-Basin of Water Resource Inventory Area (WRIA) 08 -Lake Washington Basin. The National Wetlands Inventory (NWI) map for the local area identifies a riverine lower perennial unconsolidated bottom permanently flooded (R2UBH) wetland (May Creek: 08-0282) located within the subject site (United States Fish and Wildlife Service 1988). The City of Renton's wetland inventory map does not show wetlands as occurring within and/or immediately adjacent to the subject site (RMC Figure 4-3-05005). 3.2 Site Investigation Overview Based on our evaluation of on-site conditions, it is our opinion that three wetlands ("Wetland 1"; "Wetland 2"; and "Wetland 3") exist within the subject site. The location of delineated wetlands is shown in Appendix A. The flagging scheme used to mark the on-site limits of the delineated wetlands as well as the location of formal sample plots is presented in Table 1. TABLE 1 FLAGGING SCHEME FOR WETLAND LIMITS AND SAMPLE PLOTS Feature Wetland Limits Plots Wetland 1 WB 1-1 through WB 1-14, WB 1-14A, WB 1-15, Plot 1 WB 1-15A, and WB 1-16 through WB 1-20, Wetland 2 WB 2-1 through WB 2-4, WB 2-4A through WB 2-Plot 3 4E, WB 2-5 through WB 2-19 Wetland 3 WB 3-1 through WB 3-20, WB 3-20A through WB Plot 5 3-20H, WB 3-21 through WB 3-43 Upland Plot 2, Plot 4, Plot 6 May 14, 2008 Page 3 Wetland Assessment Report Plat of Lake Washington View Estates Wetland determinations made during the site investigations were based on a dominance by hydrophytic vegetation and the presence of wetland hydrology and hydric soil field indicators in the local area. In some cases, primary indicators of wetland hydrology were not present. Where absent, sufficient secondary indicators of wetland hydrology were observed. The absence of primary wetland hydrology indicators is likely due to the time of year during which the site investigation work was completed. Wetland 1 Measuring 6,093 sf (0.14-acre) in total area, Wetland 1 is a palustrine scrub-shrub wetland located within a depressional landform in the northwest comer of the subject site. Wetland 1 extends minimally off-site into Lake Washington Boulevard North right of way. A ditch located along the east side of Lake Washington Boulevard North directs stormwater runoff to Wetland 1. An outlet from Wetland 1 was not observed. Himalayan blackberry (Rubus armeniacus) and Sitka willow (Salix sitchensis) are the dominant plant species that occur within Wetland 1, while red alder (Alnus rubra), Pacific willow (S. lucida ssp lasiandra), sword fern (Polystichum munitum), lady fern (Athyrium filix-femina), and youth-on-age (Tolmiea menziesil) are common subdominant plant species. Soils within Wetland 1 are generally a low-chroma sandy silt loam overlying a low-chroma sand to silt loam with distinct to prominent redoximorphic features present within lower soil horizons. Field indicators of wetland hydrology observed within Wetland 1 at the time of the site investigation included sediment deposits and water staining on vegetation and detritus. Supporting wetland hydrology for Wetland 1 appears to be derived primarily from stormwater runoff originating from Lake Washington Boulevard North. Wetland 2 Measuring 3,831 sf (0.09-acre) in total on-site area, Wetland 2 is a palustrine scrub-shrub wetland located within a sloping landform in the south-central portion of the subject site. Wetland 2 appears to extend off-site to the south. Mounds of soil frequently occur and an abandoned roadbed is present within Wetland 2. An inlet to Wetland 2 was not observed. Wetland 2 drains to Wetland 3 via a short segment of Class 4 stream. Himalayan blackberry is the dominant plant species that occurs within Wetland 2, while sword fern and lady fern are common subdominant species. Soils within Wetland 2 are generally a low-chroma sandy silt loam overlying a dark brown to brown to dark olive brown sandy silt loam. Distinct to prominent redoximorphic features are present within lower soil horizons. Field indicators of wetland hydrology observed within Wetland 2 at the time of the site investigation included saturation of surface soils and wetland drainage patterns. Supporting wetland hydrology appears to be derived primarily from shallow groundwater within the local area. Wetland 3 Measuring 23,756 sf (O.55-acre) in on-site area, Wetland 3 is a palustrine forested wetland located within a sloping landform in the eastern portion of the subject site. Wetland 3 extends off-site to the south and is contiguous with a Class 3 stream. An outlet from Wetland 3 was not observed. Red alder, salmonberry (R. spectabilis), and Himalayan blackberry are dominant plant species that occur within on- site portions of Wetland 3, while lady fern, skunk cabbage (Lysichiton american us) , reed canarygrass (Phalaris arundinacea), bittersweet nightshade (Solanum dulcamara), youth-on-age, and stinging nettle (Urtica dioica) are common subdominant species. Non-native ivy (Hedera sp.) appears to be the dominant plant species within the off- site portions of Wetland 3. Soils within on-site portions of Wetland 3 were generally a low-chroma sand overlying a low chroma silt loam. Field indicators of wetland hydrology observed within Wetland 3 at the time of the site investigation included shallow inundation, saturation of surface soils, and wetland drainage patterns. May 14, 2008 Page 4 Wetland Assessment Report Plat of Lake Washington View Estates Upland areas within the subject site generally support a forested canopy dominated by black cottonwood and red alder over a shrub community comprised primarily of Himalayan blackberry. Subdominant species observed within upland areas of the subject site include big leaf maple (Acer macrophyllum), western redcedar (Thuja plicata), western hemlock (Tsuga heterophylla), vine maple (A. circinatum), beaked hazelnut (Cory/us com uta) , Indian plum (Oem/eria cerasiformis), sword fern, and red elderberry (Sambucus racemosa). Soils within upland areas were generally a very dark grayish brown to dark brown to brown to olive brown sandy silt loam. Field indicators of wetland hydrology were not observed within on-site upland areas at the time of the site investigation. Regulatory Discussion Development activities within the subject site fall under the local jurisdiction of the City of Renton. Development standards and requirements related to wetlands are subject to the policies included in RMC 4-3-050.M. RMC 4-3-050.M.1.a categorizes wetlands based on characteristics such as the presence of listed animal and plant species and/or the presence of associated essential habitat, the overall size of the wetland, the structure and diversity of the wetland plant community, the presence of permanent open water, and past disturbances to the wetland. Preliminary wetland classifications and standard buffer widths for each wetland are presented in Table 2. Although the purpose of this study was to assess site conditions relative to RMC development regulations, wetlands identified in this report may also be regulated by the US Army Corps of Engineers under Section 404 of the Clean Water Act ("CWA") as well as the Washington State Department of Ecology under Section 401 of the CWA, the Washington "State Water Pollution Control Act", and/or the "Washington State Shoreline Management Act". Should excavation and/or filling be proposed within anyon-site wetland, the Corps and Ecology should be consulted directly regarding the need for any notification and permits for the excavation and/or filling work. 3.3 Wetland Buffer Width Analysis RMC 4-3-050.M.6.d requires that when development activities are proposed adjacent to wetlands, an assessment shall be made to determine if an increase to the standard wetland buffer width is warranted to protect existing wetland functions and values. The following assessment includes analysis of site conditions based on data collected during the site investigations as well as design information for the proposed site development activities available at the time of report preparation. Criterion: Use of Wetland by Federal-or State-Listed Species, Presence of Essential Habitat, or Presence of Nesting/Resting Sites Federal or State listed species are not known to occur within on-site wetlands or buffers. Additionally, the on-site wetlands are not known to support "essential habitat" or any nesting/resting sites utilized by Federal or State listed species. May 14, 2008 Page 5 Wetland Assessment Report Plat of Lake Washington View Estates TABLE 2 PRELIMINARY WETLAND CLASSIFICA nONS AND STANDARD BUFFER WIDTHS FOR ON·SITE WETLANDS WETLAND HABITAT AREA CATEGORY1 BUFFER2 RATIONALE • Stormwater originating from Lake Washington Boulevard North is routed into the wetland. Wetland 1 Palustrine Scrub-Shrub 0.14-Acre 3 25 Feet The co-dominant plant species within the plant (6,093 fF) • community is a non-native plant species (Himalayan blackberry). • Soils within the wetland have been impacted by past land uses. Wetland 2 Palustrine Scrub-Shrub 0.09-Acre 3 25 Feet (3,831 fF) • The dominant plant species in the plant community is a non-native plant species (Himalayan blackberry). • The wetland does not satisfy the criteria for Wetland 3 Palustrine Forested 0.55-Acre 2 50 Feet categorization as a Category 1 wetland or a Category (23,756 ft2) 3 wetland. -'---------_._------- Per RMC 4-3-050.M.1.a. Preliminary pending concurrence by the City of Renton. B Per RMC 4-3-050.M.6.c.i May 14, 2008 Page 6 Wetland Assessment Report Plat of Lake Washington View Estates Criterion: Subject Site (Or Nearby Lands) Are Susceptible to Severe Erosion and Erosion Control Measures will not Effectively Prevent Adverse Wetland Impacts Alderwood gravelly sandy loam, 6 to 15 percent slopes (AgC), Indianola loamy fine sand ,4 to 15 percent slopes (InC), and Norma sandy loam (No) are the soil types mapped as occurring within the subject site. The USDA erosion potential ratings for these soils are as follows: • Alderwood gravelly sandy loam: severe • Indianola loamy fine sand: slight to moderate • Norma silt loam: slight Erosion hazard areas are not mapped by the City of Renton as occurring within the subject site (City of Renton 2008). Alderwood soils are mapped as occurring upslope from Wetland 1; however, temporary and permanent erosion and sediment control (ESC) best management practices (BMPs) incorporated into the project will effectively prevent adverse impacts to Wetland 1. Temporary BMPs during construction will include source control such as the temporary mulching, seeding, or covering of disturbed soils as well as treatment facilities, such as temporary sediment ponds to settle sediments from runoff prior to discharge from those portions of the site under construction. Permanent stormwater control will be designed per the applicable City of Renton detention and treatment requirements. Criterion: Project Site (Or Nearby Lands) Has Slopes Greater Than 15% or Minimal Vegetative Cover and Conditions Cannot be Restored to Prevent Adverse Wetland Impacts Steep slope areas are located within the eastern portion of the subject site and will not be subject to disturbance as part of the proposed site development activities. The majority of the subject site in and adjacent to the proposed site development activities has slopes generally less than 15 percent. Criterion: Use of Wetland by Water-Dependent Wildlife Species Wetland-dependent species were not observed within on-site wetlands at the time of the site investigation work. On- site wetlands may provide seasonal foraging opportunities and escape cover for small mammals and passerine birds and may also lie within the home range of larger mammals; however, the on-site wetlands are not known to and do not appear to provide habitat unique to the subject site and/or the local vicinity. In addition, habitat functions provided by on-site wetlands are low due to the existing plant community characteristics (a dominance by non-native species), a lack of habitat structures such as snags, downed wood debris, etc., and proximity of on-site wetlands to human development. Table 2 lists the ten amphibian species most common to western Washington. Based on species-specific habitat requirements, Pacific treefrog (Hy/a regil/a) and red-legged frog (Rana aurora) would be the most likely to use on-site wetlands. The hydrologic regimes of on-site wetlands is likely too short or otherwise insufficient to provide breeding and rearing opportunities for all the amphibians listed, including Pacific treefrog and red-legged frog. Use of on-site wetlands by amphibians, if any, would be limited to foraging habitat. May 14, 2008 Page 7 Wetland Assessment Report Plat of Lake Washington View Estates TABLE 3 AMPHIBIAN SPECIES COMMON TO PUGET SOUND LOWLAND WETLANDS Common Name Scientific Name northwestern salamander Ambystoma gracile long-toed salamander Ambystoma macrodactylum Pacific giant salamander Dicamptodon tenebrosus roughskin newt Taricha granulosa western red-backed salamander Plethodon vehiculum Ensatina Ensatina eschscholtzii western toad Bufo boreas Pacific treefrog Hyla regilla red-legged frog Rana aurora bullfrog Rana catesbeiana 4.0 CONCLUSIONS Based on review of available literature, analysis of on-site conditions, and review of RMC 4-3-050.M, the following preliminary conclusions have been developed: • Three wetlands exist within the subject site. • Wetland 1 is located in the northwest corner of the subject site and was preliminarily classified as a Category 3 wetland. A 25-foot standard width buffer would be required from the delineated limits of Wetland 1. • Wetland 2 is located in the central portion of the subject site and is connected to Wetland 3 via a small segment of a Class 4 stream. Wetland 2 was preliminarily classified as a Category 3 wetland. A 25-foot standard width buffer would be required from the delineated limits of Wetland 2. • Wetland 3 is located in the central portion of the subject site downgradient from Wetland 2 and was preliminarily classified as a Category 2 wetland. A 50-foot standard width buffer would be required from the delineated limits of Wetland 3. • The short stream segment connecting Wetland 2 and Wetland 3 was classified as a Class 4 stream by the City of Renton. The 35-foot standard width buffer from the stream is located entirely within the standard width buffers for Wetland 2 and Wetland 3. • Based on our analysis of site conditions and the criteria contained within RMC 4-3-050.M.6.d, existing site conditions and/or the proposed site development activities do not appear to present unique characteristics that warrant increased wetland buffer widths. • Per the requirements of RMC 4-3-050.M.6.a.iii, restoration of the portions of the Wetland 1 and Wetland 2 buffers located adjacent to the proposed site development activities would be required to maintain standard buffer widths. May 14, 2008 Page 8 Wetland Assessment Report Plat of Lake Washington View Estates 5.0 RECOMMENDATIONS Based on our understanding of your needs at this time, the following is recommended: 1. Submit this assessment to the City of Renton to confirm the findings and conclusions presented herein. 2. Site planning efforts should concentrate development activities within the westem portions of the subject site to maximize the distance between site development activities and critical areas. 3. Retain a qualified professional to prepare a wetland buffer enhancement plan for those portions of the Wetland 1 and Wetland 2 buffer located adjacent to the proposed site development activities. Major components of the plan should include removal of non-native noxious weed species and the installation of native shrubs and trees at a density to enhance existing buffer conditions. We trust that this letter meets your present needs. Please contact us should you have any questions regarding the information presented in this assessment and/or if you require additional assistance with this project. May 14, 2008 Page 9 l n , n n n ~ n r ~ I n n n n ~ n M n M 7EJ /<, '" ::: ", '" " "". I __________ ~ ~ '" s "IO'J~ "'2i?---',-____ ~ r-- N. "~nTH :-: l'HF:FT g L / '~ , ,SS-:;' ......... \. '~'Y'_' Q;~" Jr ",v """"-_1/,',' / S~~ I {';-.~~ v"~.: ~.~ 'r~;/ -I--~l-i- . ~--== C:::Ci i,io ~!-f ~I~' ;; -I ~I ( I :1 I ~I I , ji 'I :i '~'I ;'~~''(, 'i,,' ,,~ ,">. I ' "'I;;Z~"" I ,[ \1 ',}I 'OCC I' ,'~' '·:','::n·~·,·" '.'I'itj'" .H~ __ ~:~~ -1~., ~j~ r ~ o 50 100 L ; I l --; STEEPSlOPEftAlARDAREAS FORMAL SAMPlE ptaT PROPERTY LIMITS GENERAl NOTES 1 WETlAND IIOUNlARY LIMITS N«J SAMPLE PlOTS WERE ESTAIIlISHED BY EVERGREEN AQUAl1C RESOURCE CONSUl. Tmrs. LLC ON OCTOIIER 2, 2UI6, ():TQBER 3, 2006.NID PlAY 30, 2007 WETI.JIIQ LIMITS WERE MARKED 1'1 THE FIELD USN] SEOtiEtITIAU. Y NlMBEREO PINK R.AGGN> WleLED "WE"T1.Ato() DaINEATlON SAMPLE PlOTS WEI*: tMRI(EO IN THE FED USI<IG 8LUE FlUORESCENT RAGGt«i 2 MBASE SUR'IEYORAWJIGS USED TO GENERATE THISORAWN;WAS PROVDED BY tWiSEN SI.JR'JEYING,17UlI16Tt1A\1:S£.RENlON WASHINGTON 911056 3 CJK.SITEWE1lANOAAEAISASFOlLows. WEllANDI.6,083SF WEltAND2: 3.831 SF WETlAND 3" 231511 SF TOTAl..: 33680 SF 4 WETLAN:lLOCATDlSAA£9..8J£CTTOREGUlATQRY N;EJCYR£VIEW. EVERGREENAOUATICRESOURCE ~TNITS, lLCCAtHJT Gl..IMANlU THE OUTCOME Of SUCH REGlI..ArORY AGENCY REVIEW AND TlEAEfORE RECCMIEN)$ T1-IAT ntE LOCATIONS OF WEltANDS SHOWN ON nilS DRAWlNG BE REVIEWED AHDAPPROVEOBY~lATE REoo.ATORY AGENCIES PRIOR TO AtfY PROPERTY mANSFl'R. P'l£ut.MNARYOESIGN,ANOIOftCONSTRUCTIONAClfVfTlES DELINEATED WETLAND LOCATIONS KING COUNTY PARCEL NO. 3224059081 FIGURE 1 Wetland Assessment Report Plat of Lake Washington View Estates 6.0 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. U.S. Fish and Wildlife Service Publication FWS/OBS-79/31. Snyder, D., Gale, P., and Pringle, R. 1973. Soil survey of King County area, Washington. United States Department of Agriculture, Soil Conservation Service. November 1973. United States Department of Agriculture (USDA). 2001. Hydric soils list, King County Area, Washington: detailed soil map legend. Natural Resources Conservation Services (NRCS). http://www.wa.nrcs.usda.gov/technical/soils/hydric lists/hydsoil-wa-657.pdf. Last updated October 30, 2001. Accessed January 15, 2007. United States Department of Agriculture (USDA). 1991. Hydric soils of the United States. Soil Conservation Service (SCS). Miscellaneous Publication Number 1491. Washington D.C. United States Fish and Wildlife Service (USFWS). 1988. National Wetlands Inventory, Mercer Island, Washington 7.5-minute quadrangle map. Washington State Department of Ecology (Ecology). 1997. Washington State wetlands identification and delineation manual. Washington State Department of Ecology Publication No. 96-94. Olympia, Washington. May 14, 2008 Page 10 APPENDIX A Delineated Wetland Locations '10' 1/1/1 ,// / fl' /Plh/i j,/ I/, I (/.~, /~ i ,f1'0:~. ,0" //.'/ '. # 1-~\~6'~~' ·lD .: '; / ¥.. '. \'-'~~. !" .t~ ,.,/ / ~I "-... '. / /~~. . .. :,,-::,~.¥. . /,Sf/"-': ".0' /'(11 4.0 ~ "'2 " '''-.. /tji'.'" /'~i~Z' " .J s" "~ -, 5.4 56 58 -', "-~ '-, , " , .~~' . 00 r~fi~""",_. ------:::..:: ' I / '/j.~/»/' / ~?O' cjy /f/ '/, ' , / // // /,yO' /;/ _,/0' --"" ..... . '" f . Il/" ! s i~IO'J5"£--__ -'-.. 408.20' -- '!9 So 1\, 40TlI STHEF.T 25' 2,,' Z. , '~ g 'L- ---~;:.~~ '0 '" , .,/" -" 60 v,," _ '<Z. 90 /, .. "§ ...... # ••••••• l. / '-- '/,r--," 100 /~.,-. --. -~, /.--. /~ - "I" ~If) ~' ~ .....:, " "' " ~ ./Vl iJVi 21;:; ./-'CI) '0' ~ .. I ... .~. :-: ... -' . ..:.../ .. -.. _/ ' U-J : ! M 50 100 ! I FEET LEGEND DELINEATED WETI.ANDS /~ / ' "" STEEP SLOPE HAZARD AREAS ~ STANDARD WIDTH WETI.AND BUFFER ~ FORMAL SAMPLE PLOT PROPERTY LIMITS GENERAL NOTES. 1. WETLAND BOUNDARY LIMITS AND SAMPLE PLOTS WERE ESTABliSHED BY EVERGREEN AQUATIC RESCURCE CONSULTANTS, LLC ON OCTOBER 2, 2006, OCTOBER 3, 2006, AND MAY 30, 2007. WETI.AND LIMITS WERE MARKED IN THE FIELD USING SEQUENTIALLY NUMBERED PINK FLAGGING LABELED "WETLAND DELINEATION. SAMPLE PLOTS WERE MARKED IN THE FIELD USING BLUE FLUORESCENT FLAGGING. 2. THE BASE SURVEY DRAWINGS USED TO GENERATE THIS DRAWING WAS PROVIDED BY HANSEN SURVEYING, 17430 116TH AVE SE, RENTON, WASHINGTON 98056. 3. ON-SITE WETLAND AREA IS AS FOLLOWS. WETLAND t 6,093 SF WETI.AND 2. 3,631 SF WETI.AND 3: 23.756 SF TOTAL: 33.680 SF 4. WETLAND LOCATIONS ARE SUBJECT TO REGULATORY AGENCY REVIEW. EVERGREEN AQUATIC RESOURCE CONSULTANTS, LLC CANNOT GUARANTEE THE OUTCOME OF SUCH REGULATORY AGeNCY REVIEW AND THEREFORE RECOMMENDS THAT THE LOCATIONS OF WETI.ANDS SHOWN ON THIS DRAWING BE REVIEWED AND APPROVED BY APPROPRIATE REGULA TORY AGENCIES PRIOR TO ANY PROPERTY TlRANSFER, PRELIMINARY DESIGN, AND/OR CONSTRUCTION ACTIVITIES. DELINEATED WETLAND LOCATIONS KING COUNTY PARCEL NO. 3224059081 FIGURE 1 DATE: 0511412008 PROJECT NO: IJII.HI2O -~, SOLI'THERLY EDGE OF MAY CREEK ORDINARY HIGH WATER UNE (= VEGETATION UNE) APPROXIMATE UNITS OF FLOOD ZONE /1£ (SCALED FROM F1R~ MAP NUMBER 53033C0664 F DATED IIlAY 16, 1995) 50' WETLANDS -BUFFER ,,zs ... " '(s, <'O>~6'. "<'''-,iJ- '", I SOlffiiERLY EDGE OF MAY CREEK ORDINARY HIGH WATER UNE (= VEGETATION UNE) ~}> C'~ ~ ~~<f-I'~.f/'. i.tJ'~~ 0 1 ,[ 13 15,174 S.F. 0.36 lIIJ. +/- '", ........ ?,J 'Z~, '''''' ~ I I L _~ ____ _ j..... 1"Co I!= ~ I~ ;.,I~ a : .... i ;;j:~ Ul I ;::I~ LI-- CURVE Cl C2 c.J C4 CO C6 C7 C8 C9 Cl0 Cll C12 C13 Cl' C15 RADIUS DELTA ANGLE 50.00 18'0643 96.00' 18'04'05- 25.00 80"31 54 71.00' 08"38'37 117.00 18'0405 25.00 45'4856 41.00 91'37'52 41.00 11'3"'4 41.00' 75"50'21 41.00 04'1617 25.00' 45'48'56- 75.00 18'0405 75.00 00"2050 75.00' 1743"5- 25.00 108'0643 UNE BEARING Ll N 88'4926 W L2 N 89'47'05 E L3 S 59"0352 E L4 S 771035 E L5 N 84'4520 E LS N 84'4520 E L7 N 05'14'40-W US N 05'1440 W L9 S 84'45'20 W L10 N 19"0159 E L11 N 69"51 22 W L12 N 65'56'33-W L13 N 69"51 22 W L14 S 79"34'32 W L15 S 59"2058 W L1S N 64"457 W L17 N 64'14'57-W L1S S 23"26"0 E ARC LENGTH 1S.B1 30.27' 35.14- 10.7" 36.90 19.99 65.57 B.24- 54.27' 3.06 19.99' 23.65 0.45' 23.20' 47.17 DISTANCE 20.00 6.00' 39.21 16.34- 4.79 20.00 34.32' 7.68 1.44 12.16 60.73 30.48' 0.94- 72.51' 42.99 57.27 6.81' 28.03 ~ o 50 100 I ! I FEET PRELIMINARY PLAT OF LAKE WASHINGTON VIEW ESTATES KING COUNTY PARCEL NO. 3224059081 FIGURE 2 DATE: 05/1412008 PROJECT NO: 08-1-020 , ~ 1 1 1 , 1 , I 1 ~ 1 i i I " ;;5' _0->: ,'- J ::-:~ ~ ~'" / ' /lL Jc. i-- '~'/,,;/ !/ ! ,; ", I '-'-~, .(N··I "-,·",r,, HL( ~o lPu~ntl~."J :! 'I ~ >00 j PRELIMINARY PLAT OF LAKE WASHINGTON VIEW ESTATES KING COUNTY PARCEL NO. 3224059081 FIGURE 2 "''', .... APPENDIX B Routine Wetland Determination Data Forms DATA FORM ROUTINE WETLAND DETERMINATION (1987 CaE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? 181 Yes ---E-No Community 10: Is the site significantly disturbed (Atypical Situation)? ro-Yes ~ No Transect 10: Is Area a Potential Problem Area? (if needed, explain on reverse) ro-Yes 181 No Plot 10: '----- VEGETATION October 3, 2006 King WA Wetland 1 Wetland Plot 1 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Salix sitchensis Shrub FACW 8 2 Rubus armeniacus Vine FACU 9 3 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 50 Remarks: HYDROLOGY 1m Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake, or Tide Gauge Secondary Indicators (2 or more required): ~ Indicators. 01 Aerial Photographs ~ Inundated 11 O.idl,,,"oot Ch"o", 1o Up"," ," 01 Other ~ Saturated in Upper 12 inches o Water-Stained Leaves 1811 No recorded data available ~ WaterMarks 181 Local Soil Survey Data Field Observations: ~ Drift Lines o FAC-Neutral Test Depth of Surface Water: (In.) ~ Sediment Deposits o Other (explain in remarks) Depth to Free Water in Pit: (In.) ~ Drainage Patterns in Wetlands Depth to Saturated Soil: (In.) Remarks: SOILS Map Unit Name (Series and Phase): Norma silt loam Drainage Class: poorly drained Circle Taxonomy (Subgroup): Typic Humaauepts Field Observations Confirm Mapped Type? Yes Profile Description' Matrix Color Mottle Colors Mottle Abundance/ Depth (Inches) Horizon (Munsell Moist) (Munsell MOist) Size/Contrast Texture, Concretions, Structure. etc. o to 9 A 10YR 2/1 Sandv silt loam 9 to 12 B1 5Y3/2 10YR 5/6 to 10YR 5/8 Few, fine, faint Sand 12 to 16 B2 2.5Y 3/1 2.5Y 5/3 Common, medium, Silt loam distinct ~ric Soil Indicators: tm "",dog Co""'o", 00 ",ph 0."0 Co ••• " S,".~ ",YO' 1o S,,'y So" 4 Histosol * Histic Epipedon 181 Gleyed or Low-Chroma Colors 181 Listed on National Hydric Soils List * Sulfidic Odor o Concretions 181 Listed on Local Hydric Soils List ~ Aquic Moisture Regime o Organic Streaking in Sandy SoilS o Other (explain in remarks) Remarks: Textures stated are apparent field textures. Colors stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? HydriC Soils Present? 00 Yes 181 Yes 181 Yes ~NO o No o No Is this Sampling Point Within a Wetland? 00 Yes UTI No Remarks: Although dominant vegetation was not greater than 50% hydrophytic, field indicators of wetland hydrology and hydriC soils were Observed. Form Content Approved by HQUSACE 3/92 OelineationOataForms No DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? 181 Yes 0 No Community ID: Is the site significantly disturbed (Atypical Situation)? --r:J Yes ~ No Transect ID: Is Area a Potential Problem Area? (if needed, explain on reverse) --r:J Yes ~ No PlotlD: --=-- --=-- VEGETATION October 3, 2006 King WA Wetland 1 Upland Plot 2 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Populus balsamifera Tree FAC 8 2 Rubus armeniacus Vine FACU 9 3 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 50 Remarks: HYDROLOGY Iol Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake, or Tide Gauge Secondary Indicators (2 or more required): r'm'r~ro~ 01 Aerial Photographs o Inundated I O.dl,,,, Root Ch,"o., 10 Uppe' 12" 01 Other o Saturated in Upper 12 inches o Water-Stained Leaves 181 1 No recorded data available o Water Marks 181 Local Soil Survey Data Field Observations: o Drift Lines o FAC-Neutral Test Depth of Surface Water: (In.) o Sediment Deposits o Other (explain in remarks) Depth to Free Water in Pit: (In.) o Drainage Patterns in Wetlands Depth to Saturated SOil: (In.) Remarks: Although mapped soils are classified as hydric, field indicators of wetland hydrology were not observed. SOILS Map Unit Name (Series and Phase): Norma silt loam Drainage Class: poorly drained Circle Taxonomy (Subgroup): Typic HumaQuepts Field Observations Confirm Mapped Type? Yes No Profile Description: Matrix Color Mottle Colors Mottle Abundance/ Depth (inches) Horizon (Munsell MOist) (Munsell Moist) Size/Contrast Texture, Concretions, Structure, etc o t02 A 10YR 2/1 Sandy silt loam 2 to 10 B1 10YR 3/2 Sandy silt loam 10 to 16 B2 10YR 3/3 Silt loam ~ric Soil Indicators: 00 ",,""og Coodmo", ~ High O~,"I, Coo"o' to S""'re Lo,,, 10 "0" So'" o Histosol : 0 Histic Epipedon o Gleyed or Low-Chroma Colors 181 Listed on National Hydric Soils List r-Q-Sulfidic Odor o Concretions 181 Listed on Local Hydric Soils List r.bL Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks: Although mapped soils are classified as hydric, field indicators of hydric soils were not observed. Textures stated are apparent field textures. Colors stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: None of the criteria were met. De/ineationDataForms Is this Sampling Point Within a Wetland? rnJ Yes 00 No Form Content Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? c-!-Yes r-E-No Community 10: Is the site significantly disturbed (Atypical Situation)? 0 Yes 181 No Transect 10: Is Area a Potential Problem Area? (if needed, explain on reverse) ro-Yes ~ No Plot 10: '---'-- VEGETATION October 3, 2006 King WA Wetland 2 Wetland Plot 3 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Alnus rubra Tree FAC 8 2 Rubus armeniacus Vine FACU 9 3 Phalaris arundinacea Herb FACW 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC-): 66.6 Remarks: HYDROLOGY hJl Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake. or Tide Gauge Secondary Indicators (2 or more required): Prim?!. Indicators: 01 Aerial Photographs ~ Inundated I O,.ired Rool Ch,,"," io Up",<1'" 01 Other ~ Saturated in Upper 12 inches o Water-Stained Leaves 181 I No recorded data available r-o WaterMarks o Local Soil Survey Data Field Observations: r-o Drift Lines o FAC-Neutral Test Depth of Surface Water: (In.) r-o Sediment Deposits o Other (explain in remarks) ~ Depth to Free Water in Pit: (In.) ~ Drainage Patterns in Wetlands Depth to Saturated Soil: 0 (In.) Remarks: SOILS Map Unit Name (Series and Phase): Indianola loamy fine sand. 4 to 15 percent slopes Drainage Class: excessively drained Circle Taxonomy (Subgroup): Dystric Xeropsamments Field Observations Confirm Mapped Type? Yes No Profile Description: Matrix Color Mottle Colors Mottle Abundance/ Depth (inches) Horizon (Munsell MOist) (Munsell MOist) Size/Contrast Texture, Concretions, Structure, etc. o t010 A 10YR 2/1 Sandy silt loam 10 to 16 B 10YR 3/3 to 2.5Y 3/3 7.5YR 4/4 to 10YR 4/6 Common, fine, distinct Sandy silt loam ~ric Soil Indicators: 00 R""iog Cood,"o", I High 0."0 COolo" io s""~ Layel io S"dy s." 4 Histosol 4 Histic Epipedon 181 Gleyed or Low-Chroma Colors o Listed on National Hydric Soils List o Sulfidic Odor o Concretions o Listed on Local Hydric Soils List g Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks: Assume: The technical criteria for hydric soil is met based on the time of year and the on the presence of surficial soil saturation. Textures stated are apparent field textures. Colors stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: All three criteria were met. DelineationDataForms Is this Sampling Point Within a Wetland? 00 Yes rn:J No Form Content Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 CaE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? ~ Yes 0 No Community ID: Is the site significantly disturbed (Atypical Situation)? 'lJ Yes r-w--No Transect ID: Is Area a Potential Problem Area? (if needed, explain on reverse) 'lJ Yes ~ No Plot ID: '-=---=-- VEGETATION October 3, 2006 King WA Wetland 2 Upland Plot 4 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Alnus rubra Tree FAC 8 2 Rubus armeniacus Vine FACU 9 3 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 50 Remarks: HYDROLOGY Iol Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake, or Tide Gauge Secondary Indicators (2 or more required): ~ Indicators: 01 Aerial Photographs r-Q.-Inundated I O,.i"" Rool Ch,,",. i" Up", 12' 01 Other r-Q.-Saturated in Upper 12 inches o Water-Stained Leaves ~ I No recorded data available r-Q.-WaterMarks o Local Soil Survey Data Field Observations: r-Q.-Drift Lines o FAC-Neutral Test Depth of Surface Water: (In.) r-Q.-Sediment Deposits o Other (explain in remarks) Depth to Free Water in Pi!: (In.) c..bL Drainage Patterns in Wetlands Depth to Saturated Soil: (In.) Remarks.' Field indicators of wetland hydrology were not observed. SOILS Map Unit Name (Series and Phase): Indianola loamy fine sand, 4 to 15 percent slopes Drainage Class: excessively drained Circle Taxonomy (Subgroup): Dystric Xeropsamments Field Observations Confirm Mapped Type? Yes No Profile Description: Matrix Color Mottle Colors Mottle Abundance/ Depth (rnches) Horizon (Munsell MOist) (Munsell MOist) Size/Contrast Texture, Concretions, Structure, etc. o to 2 A 10YR 2/2 to 10YR 3/2 Sandy silt loam 2 to 16 B 10YR 3/3 to 10YR 4/3 Sandy silt loam ~ric Soil Indicators: I R,""", C'"".,", 00 High 0.,," Co",,"1 i" S,_ c.y" i" "",y SOih o Histosol r-o Histic Epipedon o Gleyed or Low-Chroma Colors o Listed on National Hydric Soils List : 0 Sulfidic Odor o Concretions o Listed on Local Hydric Soils List c..bL Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks.' Field indicators of wetland hydric soils were not observed. Textures stated are apparent field textures. Colors stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? HydriC Soils Present? Remarks: None of the criteria were met. DelineationDataForms Is this Sampling Point Within a Wetland? [ill Yes 00 No Form Content Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 CaE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? r-!-Yes r--E-No Community ID: Is the site significantly disturbed (Atypical Situation)? 0 Yes 181 No Transect ID: Is Area a Potential Problem Area? (if needed, explain on reverse) r-o-Yes ~ No Plot ID: ~ ~ VEGETATION October 3, 2006 King WA Wetland 3 Wetland Plot 5 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Alnus rubra Tree FAC 8 2 Rubus spectabilis Shrub FAC+ 9 3 Rubus armeniacus Vine FACU 10 4 Phalaris arundinacea Herb FACW 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL, FACWor FAC (excluding FAC-): 75 Remarks: HYDROLOGY Iol Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake, or Tide Gauge Secondary Indicators (2 or more required): ~ Indicators: 01 Aerial Photographs r-Q-Inundated 1-1 0"",,, Root C","~I"" "pp" ,,- 01 Other ~ Saturated in Upper 12 inches o Water-Stained Leaves 181 I No recorded data available ~ WaterMarks 181 Local Soil Survey Data Field Observations: ~ Drift Lines 181 FAC-Neutral Test Depth of Surface Water: (In.) ~ Sediment Deposits o Other (explain in remarks) Depth to Free Water in Pit: (In.) ~ Drainage Patterns in Wetlands Depth to Saturated Soil: 14 (In.) Remarks: SOILS Map Unit Name (Series and Phase): Norma silt loam Drainage Class: poorly drained Circle Taxonomy (Subgroup): Typic Humaquepts Field Observations Confirm Mapped Type? Yes Profile Description: Matrix Color Mottle Colors Mottle Abundance/ Depth (inches) Horizon (Munsell MOist) (Munsell Moist) Size/Contrast Texture, Concretions, Structure, etc. Oto 14 A 10YR 2/2 Sand 14 to 16 B 10YR2/1 Sandy silt loam ~ric Soil Indicators: 00 R""d"g Coodllioo, 00 High o~,"" Cooie"' '" $"",00 Loy" m $'m" Soli, o Histosol : 0 Histic Epipedon 181 Gleyed or Low-Chroma Colors 181 Listed on National Hydric Soils List o Sulfidic Odor o Concretions 181 Listed on Local Hydric Soils List : 0 Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks: Textures stated are apparent field textures. Colors stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: All three criteria were met. DelineationDataForms Is this Sampling Point Within a Wetland? 00 Yes [QJ No Form Content Approved by HQUSACE 3/92 No DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: ApplicanUOwner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? ~ Yes 0 No Community ID: Is the site significantly disturbed (Atypical Situation)? ---c:r-Yes ~ No Transect ID: Is Area a Potential Problem Area? (if needed, explain on reverse) 0 Yes ~ No Plot ID: -~ VEGETATION October 3, 2006 King WA Wetland 3 Upland Plot 6 Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Alnus rubra Tree FAC 8 2 Rubus spectabilis Shrub FAC+ 9 3 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 100 Remarks: HYDROLOGY hJl Recorded Data (describe in Remarks) Wetland Hydrology Indicators: 01 Stream, Lake, or Tide Gauge Secondary Indicators (2 or more required): ~ Indicators: 01 Aerial Photographs --Q.-Inundated I O,'di,.,. Root Ch"ool", Upp", 12" 01 Other *-Saturated in Upper 12 inches o Water-Stained Leaves ~ 1 No recorded data available --Q.-Water Marks ~ Local Soil Survey Data Field Observations: --Q.-Drift Lines ~ FAC-Neutral Test Depth of Surface Water: (In.) --Q.-Sediment Deposits o Other (explain in remarks) Depth to Free Water in Pi!: (In.) .J;L Drainage Patterns in Wetlands Depth to Saturated Soil: (In.) Remarks: Although mapped soils are classified as hydric, primary wetland hydrology field indicators andlor field indicators of hydriC soils were not observed. SOILS Map Unit Name (Series and Phase): Norma silt loam Drainage Class: poorly drained Circle Taxonomy (Subgroup): Typic HumaQuepts Field Observations Confirm Mapped Type? Yes Profile Description Matrix Color Mottle Colors Mottle Abundancel Depth (inches) Horizon (Munsell MOist) (Munsell Moist) S Ize/Contrast Texture, Concretions, Structure, etc. Oto 7 A 10YR 3/2 Sandy silt loam 7 to 16 B 2.5413 to 10YR 3/3 Sandy loam ~ric Soil Indicators: I R",o", Co",,"o", II ",gh 0_,," Coo"" 10 5,,,,,,,, "'YO' " S"dy 5011, * Histosol * Histic Epipedon o Gleyed or LOW-Chroma Colors ~ Listed on National Hydric Soils List o Sulfidic Odor o Concretions ~ Listed on Local Hydric Soils List ::::Et Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks: Although mapped soils are classified as hydric, field indicators of hydric soils were not observed. Textures stated are apparent field textures. stated are for moist soil per Munsell Soil C%r Charls (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? 00 Yes o Yes o Yes 00 No ~ No ~ No Is this Sampling Point Within a Wetland? [QJ Yes Remarks: Although dominant vegetation was hydrophytic, field indicators of wetland hydrology and hydriC soils were not observed. rn::J No No Colors Form Content Approved by HQUSACE 3/92 DelineationDataForms DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project Site: King County Parcel No. 322405-9081 Date: Applicant/Owner: Rob-Clarissa Partnership, LLP County: Investigator: Frederick L. Huston, Jr. State: Do Normal Circumstances exist on the site? 181 Yes 0 No Community 10: Is the site significantly disturbed (Atypical Situation)? --0-Yes T No Transect 10: Is Area a Potential Problem Area? (if needed, explain on reverse) 0 Yes ~ No Plot 10: -~ VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant SpeCies 1 Alnus rubra Tree FAC 8 2 Populus balsamifera Tree FAC 9 3 Rubus armeniacus Vine FACU 10 4 11 5 12 6 13 7 14 Percent of Dominant Species that are OSL, FACW or FAC (excluding FAC-): 66 Remarks: HYDROLOGY Iol Recorded Data (describe in Remarks) Wetland Hydrology Indicators: October 3, 2006 King WA Wetland 3 Upland Plot 7 Stratum Indicator 01 Stream, Lake, or Tide Gauge ~ Indicators: Secondary Indicators (2 or more required): 01 Aerial Photographs o Inundated 11 O",di"d Root Ch.",I, i" Up,,' 12" OJ Other r--o-Saturated in Upper 12 inches o Water-Stained Leaves 181 -' No recorded data available r--o-WaterMarks 181 Local Soil Survey Data Field Observations: r--o-Drift Lines o FAC-Neutral Test Depth of Surface Water: (In.) r--o-Sediment Deposits o Other (explain in remarks) r--o-Depth to Free Water in Pit: (In.) '--=--Drainage Patterns in Wetlands Depth to Saturated Soil: (In.) Remarks: Although mapped soils are classified as hydric, field indicators of wetland hydrology were not observed. SOILS Map Unit Name (Series and Phase): Norma silt loam Drainage Class: poorly drained Circle Taxonomy (Subgroup): Typic Humaquepts Field Observations Confirm Mapped Type? Yes Profile Description Matrix Color Mottle Colors Mottle Abundance/ Deeth (Inches) Horizon (Munsell MOist) (Munsell MOist) Size/Contrast Texture, Concretions, Structure, etc. o to 2 A 10YR 2/2 to 10YR 3/2 Sandy silt loam ~ric Soil indicators: I R"'"""g Coodilio", 00 High 0,,,",, Coo"", '" S""'re u.y" to S"dy Soil, ~ Histosol o Histic Epipedon o Gleyed or Low-Chroma Colors 181 Listed on National Hydric Soils List : 0 Sulfidic Odor o Concretions 181 Listed on Local Hydric Soils List r---bL Aquic Moisture Regime o Organic Streaking in Sandy Soils o Other (explain in remarks) Remarks: Although mapped soils are classified as hydric, field indicators of hydric soils were not observed. Textures stated are apparent field textures. stated are for moist soil per Munsell Soil Color Charts (GretagMacbeth 2000). WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Remarks: None of the three criteria were met. is this Sampling Point Within a Wetland? [QJ Yes 00 No No Colors Form Content Approved by HQUSACE 3/92 DelineationDataForms APPENDIX C Preliminary Plat of Lake Washington View Estates ':r ... <II "' . .. ,..!to • '" .. • ., ,~ ..." • # .. 1\ ,.' """' " ' "'/V • . ,:4"J ,~.~, "' •. • ~" .... . -~ . . tr ~, '. ..... ,,~ .-',,' \ ; ~' ~.'. f .~ // \., '".: . / ' . -; .. " ./ •• ..:~ • r .. . L .,)' ; ! I • .. " /1ft'> ¥ " • ',""' ';-J--j Northwest Archaeological Associates, Inc. / 1 ~\I lturi.J1 H(>so u r cc~ ~t an ;1gC n~ent Se ~v l ce,:> '----_~ :,I IH ~O 'h '\\'l'nuc :-.!\\'. ~U\I\~ ll)(). ~l':lll lc. \\,\ ~IH I 07 1 DEVELOPMENT PLANNING March 19 , 2007 Ji m Hanson 17446 Mallard Cove La ne Mt. Vernon , WA 98274 CITY OF RENTON JUN -9 2008 RECEIVED Re: Cultura l Re sources Review for the May Creek Deve lopment, King County, Washington Mr . Hanson, Per yo ur req uest, Northwes t Archaeological Associates, Inc (NWAA) has revi ewed the above refe renced project for its po tential to affect cultural resources. The review consisted of checking site and survey records at the Washington State Department of Archaeology a nd Historic Preservation (DAHP); King County Historic Preserv a tion Office; Renton Historical Museum; and University of Washington Libraries . NWAA also reviewed early maps for roads, trails, structures and changes to the natural environment. The following sections summarize the natural a nd cultural history of area and concludes with a probability estimate for cultural res ources within the project area and recommendations for identifying potential resource s. Project Description and Location The proposed May Creek Development (parcel 3224059081) will be a single-family residential development located in north Kennydale approximately two miles north of Rento n, W ashi ngton in Section 32 of T . 24N., R. 5E., Willamette Meridian (Figure 1). The parcel consists of five acres loca ted near the outlet of May Creek al ong th e ea st shore of Lake Washington be tween 1- 405 a nd Lake W as hington Boulevard (Figure 2). The proposed deve lopment will consist of 10 to 12 lots that will be constructed along the hillside immediately south of May Creek . A 50-foot buffer will be maintained along May Creek and designated wetlands will be avoided d uring co nstruction. The property north of May C reek (pa rcel 3224059043) will be left as open space. Environmental and Cultural Background While most of the parcel (forested hillside) has probably remained relatively unchanged for some time, the May Creek delta a nd vicin ity has experienced profound changes during the pre- contact, ethnogra phic a nd historic time periods. Prior to the co mplet ion of the Lake Washington Ship Canal in 1916 , the level of Lake Washington was ap proximately nine-feet higher than it is today . The mea n water level of La ke Washington also flu ctu ated by as much as seven fe e t over time due to changes in hydrology and tectonic events that affected the lake's o utflow near Ren ton (Chrzastowski 1983). Earthquakes during the past 70 00 ye ars have triggered underwater slumping, landslides , ground el evation changes, and tsu na mis . Tel: (206) 78 1-1909 Fa" (206) 781 -0154 Email: mshong@northw8starch .com Cultural Resources Re vie w fo r the Ma y Cree k Development QUADRAl'fGl..£ LOCA noN .. l/ <"l r. '\ '\ ,~ \, Coleman Pom , o met e rs 500 ~=:--=-=--':-=:i C::':.J~ c=cc,-__ o feel .. 2 000 .,,;)-, f" Fiqure 1 Pro je ct location. Northwest Archaeological Associates Inc. CONTAIN S CO NFIDENTIAL INFORMATIO N .. ' . .l /~ i-'""1 ·';)I F.~0Rf Hie " \ J , ...... 1. I I l March 19. 2007 NOT FOR GENERAL DIS TR IBU TION Cultural Resources Review for the May Creek Development os Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION 3 ~ .j '. ~ Figure 2. Air p March 19, 20 07 NOT FOR GENERAL DISTRIBUTI ON Cultuml Resoun;es Review for the May Creek Development 4 A massive earthquake on the Seattle Fault 1100 years ago caused a forested hillside on the southeast corner of Mercer Island to slide into Lake Washington (Atwater and Moore 1992). This landslide, located just west of the project area, likely produced large waves that washed over the May Creek delta. Changes to Lake Washington's shoreline are illustrated in an early newspaper article written for the Town Crier. Carter (1917) stated that after Lake Washington was lowered, a muddy delta was exposed at the mouth of May Creek. Carter reported that the previously submerged landform was covered with tree stumps worn smooth to the ground level. Carter also noted evidence of ancient campfires, or cooking features along the former shoreline evidenced by piles of rocks "cracked and broken by fire" in association with "charcoal in a perfect state of preservation." The project is within the traditional territory of the Duwamish, a Whulshootseed-speaking people who occupied villages along Elliot Bay, Salmon Bay, Lake Washington and along the Duwamish, Black and Cedar rivers. Duwamish settlements were loosely connected through social and political alliances. The Duwamish also maintained close relations with neighboring groups including the Snoqualmie, Suquamish, Puyallup and people living on the upper Green and White rivers (Ballard 1951; Smith 1940). The Xa1co'abc, or "Lake Indians' maintained a separate identity from the Duwamish-proper, whose primary villages were located along the Black and Cedar rivers in Renton (Ballard 1929; Smith 1940). The Lake-Duwamish village Cbaf't', a permanent settlement with at least two houses, was located at the mouth of May Creek immediately north of the project area. The Whulshootseed place name is roughly translated to "place where things are dried," or "dry house." Duwamish informants in the early 20~ century indicated that great quantities of red fish were taken at this point (Waterman ca. 1920). The term "red fish" is a reference to sockeye salmon taken annually at this spot, probably by means of traps and weirs. The harvested fish were cooked and dried on racks for immediate consumption, or prepared for winter storage in cedar plank smokehouses (Smith 1940). The marshy setting at May Creek would also have been ideal conditions for wapato, or Indian potato, an important food resource of the Duwamish and other indigenous groups. The Lake Indians were considered part of the larger Duwamish Tribe by the U.S. Government and were subsequently assigned to live on the Port Madison Indian Reservation as a condition of the Point Elliot Treaty of 1855 (Ruby and Brown 1992). The inhabitants of Cbaf't" probably occupied their village for several years after 1855, however the pressure from Indian agents to relocate to reservations combined with the influx of Euroamerican settlers prompted Cbaf'f' to be abandoned sometime before 1864. U.S. Government surveys in 1864 and 1865 recorded an Indian Village on the Black River in Renton, however no village is recorded at May Creek, suggesting the inhabitants of Cbaft' had moved to reservations, or had settled elsewhere by this time. In 1875 James and Clarissa Colman purchased a 160-acre homestead bisected by May Creek from Jeremiah Sullivan, who had acquired the property from the U.S. government several years earlier (Fawcett 1979; McDonald 1979). The Colman's built a house where they lived with their four children until his death in 1886 (McDonald 1979). Clarissa maintained ownership of the property after James' death, however the property remained unused for several years. The Clarissa Colman diaries make several references to Indians hunting, fishing and canoeing in the vicinity of May Creek suggesting the area remained an important destination for the local indigenous population (Coleman 1890). In 1903 the Northern Pacific Railroad acquired a right- of-way through the Colman property and two years later constructed a spur line connecting the town of Woodinville with Renton. Five stations were constructed along the spur line including Northwest Archaeological Associates Inc. CONTAINS CONFIDENTiAl INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development 5 one at May Creek (Bowden et al. 1997). Beginning in 1908 the Colman's began selling off parts of the family homestead including parcels that would eventually become the Reilly Tar and Chemical Corporation, Sound Timber Company and the Barbee Mill. Residential lots were also sold including the Garden of Eden Tracts, which later became Kennydale (McDonald 1979; Slauson 1976). Historic Map Review A review of historic and contemporary maps show significant changes to the lower May Creek vicinity including an expanded delta. changing stream course. and increasing development. The first government survey of the area in 1864-1865 recorded an Indian trail connecting the mouth of Honey Dew Creek (May Creek) to the confluence of the Cedar and Black River in Renton (another Duwamish village site) (Figure 3). The trail was part of a larger system that connected the Duwamish with interior Salish and Sahaptin-speaking peoples of the Plateau. The 1902 Geodetic Survey map shows a large marsh at the mouth of May Creek and a homestead including two buildings. plowed fields and a dock within and adjacent to the project area (Figure 4). It is unclear if this is the original Colman homestead. The 1920 Army Corps of Engineers map shows that the May Creek delta and shoreline expanded by 300 to 600 feet after the lake was lowered in 1916. Historic maps produced between 1864 and 1920 show May Creek meandering within 200 feet of its historic channel. however by ca. 1940. the creek had been channelized 500 feet to 1000 feet south of its historic course. I I~ \>1 I ! , .~ -_.io . , I 0 metars 500 ; '~ ,\~\..):.\~~..t.J!';~ 1- l"< ~~ ~"":"_j:I,,!~,\._ ~ 0 t...-el 2000 ~ " General land.Office IGlO) SurveV,Plat.,l24 N .. R. 5 E .. 1865. Figure 3. General Land Office survey plat showing historic features in relation to the project area, 1865. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 1 g, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Revie w for the May Creek Development -~ .. • • . -;) 1. .. ;. '''''' ... ~ .......• ".~ ... ~' .". lI':" " .• _ .. t ·, . ... Modern May Cree k (c1€'1 ived 11 0 m USGSQuad.J ~ ,. ~ . .. ,," '}. ..,. .'. ...~ United Slale1i Coa~ & Geodehc Survey T~J'avhic Sheet T·2608: .. ~. E:1st Shore of Lake VlGshington . MeydenbaUp.f Bay to May Creek. :"':-, Was'"ogIOfl, 1902: Scale : ':10 ,OCXJ "J '"" E>-<~~E3~~E5E3~ meters F3 E3 E3feet o 100 500 Figure 4 . US Coas t & Geodetic S urvey T-Sheet. 1902. s howing th e h is toric shoreline and cou rse of May Cree k . a nd st ructures with in the project area. 6 Northwest Archaeological Associates Inc . CO NTAIN S CO NFIDENTIAL INFORMATION March 19. 2007 NO T FO R GENE RAL DISTRIBUTION " " Cutrural Re sources Review for the May Creek Development Previous Archaeological Investigations Be cause most property along Lake Washington is privately owned . few cultura l resources studies have been conducted along the lake. Consequently. no pre-contact archaeo logical site has ever been recorded along Lake Washington . despite numerous ethnographic and hi storic references to Duwamish Indian villages along the shoreline. Several pre-contact archaeological sites have been recorded in the lown of Renton . three miles south of the project . spanning the time period between ca. 1860 and 400 AD (Chatters 1981. 1988; Lewarch 2006). Severa l anecdotal accounts of Native American a rtifacts have been noted within one-mile of the project including a report of two red-jasper projectile points found on the beach o n the southeast side of Mercer Island (King County 1978). Additionally. a local resident stated that Native American artifacts. includ ing glass trade beads . were found near May Creek during construction of 1-405 and that the University of Washington (UW) investigated the discovery (Paul Dravland . personal co mmunication 2007). An inquiry with the UW confirmed that a collection of glass beads . a butto n and several other items were collected from a burial between Renton and Bellevue along Highway 2-A (now 1-405) during construction . The items were collected by a local resident and subsequently g iven to Douglas Osbourne at the Burke Museum (Laura Phillips . personal communication 2007). Several archaeological surveys have been conducted within approximately one-mile of the project. however none have identified significant cultural resources . Lorenz (1976) conducted a survey for a sanitary sewer line extension along May Creek which terminated at the junction of May Creek and 1-405. Archaeological an d Historical Services conducted two surveys in the area including a proposed park-and-ride in northeast Renton (Robinson 1983) and a survey of SR 900 in the upper May Creek Valley (Robinson 1990). Murphy (2003) monitored a 2000 foot- long stormwater pipeline along Lake Washington located just north of the project area. however no significant c ultural material was observed . Table 1 . Cultural Resource s Surveys W ithin Approxi mately One-Mile of the Project. DATE AUTHOR TITLE LOCATION 1976 Lorenz. Thomas 1983 Robinson , Joan 1990 Robinson , Joan 1997 Bo wd en, Bradley 2003 Murphy , Laura Archaeologica l Assessment. Army Corps of Engineers, Permit No , 071-0YB-1-0.1 mile east 0029 16, Phase I. May Creek Interceptor. METRO/King County Water District An Archaeological Reconnaissance of the Renton Highlands Pari< and Ride Lot, 1.8 miles SE Renton , Washington A cuttural Resources Survey of SR 900 : Junction SE may Valley Road, King County 1,6 mi les Washington east Cultural Re sou rce Ass essment JAG Development, Ki ng County, Washington 50 16 d no rth Final Ripley Lane Pipeline Excavation Project (C!P#200799) Archaeological Resources 0 .75 mile NE Monitoring The closest and most comp rehensi ve cultural resources assessment was conducted immediately north of the cu rrent project area. Bowden et al. (1997) conducted a survey for the JAG development. a proposed 60-acre mixed-use complex located im mediately north and west of the project on properties including the former Barbee Mill . Pan Abode Cedar Homes . Port Quendal Log Yard and Baxter Property . At the time of the survey. approximately 90% of the JAG development project area was not available for inspection as it was either paved . or contained existing structures . The remaining 10% of the property was shovel tested to depths reaching approximately one-meter (th ree feet). Fill . ranging between 30-90 cm (1-3 feet) thick . was encou ntered in 10 of the 12 excavated shovel probes and four of the probes were term in ated before native sediment was encountered. A single fire-modified rock was encountered in a probe excavated on the Pan Abode Cedar Homes property located Northwest Archaeological Associates Inc. CO NTAINS CON FI DENTIAL INFORMATI ON March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Revie w for the Ma y Creel< Development 8 approxi mately 500 north of the project and represents the only evidence of Native Ameri can activity encountered during the investigation (Bowden et al. 199 7). Field Reconnaissance Fi eld reconnaissance was conducted on February 26m • 2007 . The intent of the fie ld vi sit was to gage the potential for cultural resources within the project area. At the time of the survey the pa rce l was heavily overgrown with Himalayan blackberry. however several paths were cleared through the vegetation by surveyors hired by the project proponent. No pre-contact . or historic cultural resource s were observed during the brief field visit. however no subsurfa ce testing was employed. The project area is dominated by gently sloping to steeply sloping topography with some level areas adjacent to May Creek. Channelization of May Creek is evident from a large . gravel spoils pile along the southern margin of the creek . The near-surface sediments were observed in the stream bank. tree tips . and in rodent burrows and consist of approximately 30 cm (12 - i nches) of coarse sand overlying dense gravels . Cottonwood and red alder dominate the creek margin while some cedar. fir. and big-leaf maple occur along the hillside . The understory is dominated by Himalayan blackberry. sword fern. salmonberry . and tall grass (Figure 5). Skunk cabbage was observed with in designated wetlands in the central and eastern portions of the property . A small clearing (area void of large trees) was observed in the western half of the parcel and corresponds to the location of a building shown on a 1902 map . Three very old fruit trees were observed just west of the clearing supporting map references indicating the project parcel encompasses part of an old homestead-possibly the Colman homestead. Figure 5 . O verv ie w of the pro ject area showi ng vegeta ti on and typical co ndit ions : vie w to the nort h. Northwest Archaeological Associa tes Inc. CONTAINS CON FIDEN TIAL IN FORMATI ON Marc h 19. 2007 NO T FOR GEN ERAL DISTRI BU TION : ";lural Resources Review for the May Cree/( Deveiopment 9 Conclusions and Recommendations The proposed May Creek Development project area has a moderate to high probability for pre- contact cultural resources based on the natural setting and proximity to a Native American village site. The western half of the project has the highest potential for pre-contact cultural resources based on the gentle slope and proximity to Lake Washington. The sloping landform would not have been ideal for long-term habitation, however activity areas associated with the former village of COOl'r could be present. Activity areas could be represented by concentrations of fire-modified rock and charcoal-stained sediments. Isolated artifacts, or concentrations of artifacts could also be present and may include projectile points, edge modified cobbles and flakes, lithic waste flakes and adze blade fragments. Native American burials are also possible based on the proximity to coofr and because the area may have offered the closest high-ground. The project area also has a high probability for historic cultural resources based on earty settlement and historic maps showing buildings within and adjacent to the parcel. Expectations for historic cultural resources within the project parcel include refuse pits and privy middens (abandoned outhouses). These features can contain historic artifact assemblages that are considered significant under Federal criteria and can contribute to the understanding of historic settlement in the region. Based on the high probability for both pre-contact and historic cultural resources it is strongly recommended that a cultural resources assessment be conducted prior to construction. The most efficient and cost-effective means of identifying significant cultural resources would be through mechanical exploration of western half of the project. Please be advised that cultural resources are protected under the Archaeological Sites and Resources Act [RCW 27.53] which prohibits excavating or disturbing prehistoric and historic archaeological sites on public or private land and the Indian Graves and Records Act [RCW 27.44] which prohibits destroying American Indian graves and provides that inadvertent disturbance through construction or other activity requires re-interment under supervision of the appropriate Indian tribe. I hope this letter sufficiently addresses your needs for determining the potential for cultural resources within the proposed May Creek Development project area. Please do not hesitate to contact me or Chris Miss with any questions or concems regarding this letter, or the recommendations made herein. Sincerely, /7k;/i~' Michael Shong Staff Archaeologist 5-:{FV/: /' \ I ., . I ( , . I ( \. I.(..\....,J\L / ~ V <-...-~:.., i Christian J. Miss Principal Investigator Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development 10 References Cited: Atwater, Brian and A. L. Moore, 1992 A tsunami about 1000 years ago in Puget Sound, Washington: Science, v. 258, no. 5088, pp. 1614-1617. Ballard, Arthur Condict 1929 Mythology of the Southem Puget Sound. University of Washington Publications in Anthropology 3(2): 131-150. University of Washington Press, Seattle. 1951 Deposition on Oral Examination of Arthur Condict Ballard, November 26, 27, 28, 1951, Seattle, Washington. Before the Indian Claims Commission of the United States: The Muckleshoot Tribe of Indians on Relation of Napoleon Ross, Chairman of the General Council, Claimant, VS. The United States of America, Defendant. Bowden, Bradley, Leonard Forsman, Lynn Larson, and Dennis Lewarch 1997 Cultural Resource Assessment, JAG Development, King County, Washington. Submitted to CNA Architecture, Bellevue, WA. , Prepared by LAAS,Ltd, Seattle, WA. Technical Report #97-7 (R) 2 copies. Buerge, David 1984 Indian Lake Washington. Published in the Seattle Weekly, August 1st, pp. 29-33 Carter, M. J. 1917 Lake Washington's New Beach Line. Town Crier April 14, 1917 Chatters, James 1981 Archaeology of the Sbabadid Site, King County, Washington. Office of Public Archaeology, Institute for Environmental Studies, University of Washington 1988 Tualdad Altu: A 4'" Century Vii/age on the Black River, King County, Washington. Report prepared for First City Equities, Seattle by Office of Public Archaeology, Institute for Environmental Studies, University of Washington. Chrzastowski, Michael 1983 Historical Changes to Lake Washington and Route of the Lake Washington Ship Canal. King County, Washington. Water Resources Investigation Open-File Report 81-1182. Colman, Clarissa c. 1890 The Colman Diaries. Excerpts from the diaries between 1888 and 1890. Provided courtesy of the Eastside Heritage Center, Bellevue Washington. Dravland, Paul 2007 Personal communication. Phone conversation with Mr. Dravland (Renton resident) on February 26th regarding a report of Native American artifacts found near May Creek during construction of 1-405. Fawcett, Clarissa M. 1979 Colman Family History. Letter from Clarissa Fawcett to the Renton Museum on March 3'" On file at the Renton Historical Society, Renton, Washington. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development King County 1978 King County historic database reference number 01011. Report filed by Hal Kennedy of local resident finding two "red stone" projectile points on the southeast side of Mercer Island. Lewarch, Dennis 11 2006 Renton High School Indian Site (45KI501) Archaeological Data Recovery, King County, Washington. Submitted to Renton School District No. 403 by Larson Anthropological Archaeological Services, Gig Harbor, Washington. LAAS Technical Report #204-11 Lorenz, Thomas H. 1976 Archaeological Assessment, Army Corps of Engineers, Permit No. 071-0YB-1-002916, Phase I, May Creek Interceptor, METRO/King County Water District. Letter submitted October 13th , to Moore, Wallace and Kennedy, Inc., Seattle by the Office of Archaeology and Historic Preservation. McDonald, Lucile 1979 The Lake Washington Story. Superior Publishing Company, Seattle. Murphy, Laura and Lynn Larson 2003 Final Ripley Lane Pipeline Excavation Project (CIP#200799) Archaeological Resources Monitoring. Prepared for Parametrix Inc., by Larson Anthropological Archaeological Services Gig Harbor, Washington. Phillips, Laura 2007 Personal communication. Email correspondence with Ms. Phillips (Collections Manger at the UW Burke Museum) on March 1" and 15'" regarding the possibility of an archaeological investigation near May Creek by the UW. Robinson, Joan M. 1983 An Archaeological Reconnaissance of the Renton Highlands Park and Ride Lot, Renton, Washington. Letter submitted October 5'" to Mr. Doug Murdock, Washington Department of Transportation by Archaeological and Historical Services, Cheney. 1990 A cultural Resources Survey of SR 900: Junction SE may Valley Raod, King County Washington. Prepared fro the Washington Department of Transportation, Seattle by Archaeological and Historical Services, Cheney. Ruby, Robert H. and John A. Brown 1992 A Guide to the Indian Tribes of the PacifIC Northwest (Revised). University of Oklahoma Press, Norman and London. Smith, Marian W. 1940 The Puyal/up-Nisqually. Columbia University Contributions to Anthropology, Volume 32. Columbia University Press, New York. Slauson, Morda 1976 Renton, From Coal to Jets. Published by the Renton Historical SOciety, Renton. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek DevelDDment 12 United States Coast and Geodetic Survey 1902 Topographic Sheet T-2608; East Shore of Lake Washington Meydenbauer Bay to May Creek, Washington. United States Surveyor General 1864 General Land Office Map, Township 24 North, Range 5 East, Willamette Meridian. Washington State Department of Natural Resources, Olympia 1865 General Land Office Map, Township 23 North, Range 5 East, Willamette Meridian. Washington State Department of Natural Resources, Olympia Waterman, T.T. c. 1920 Puget Sound Geography. Original Manuscript from T.T. Waterman. Edited by Vi Hilbert, Jay Miller, and Zalmai Zahir 2001. Lushootseed Press, Zahir Consulting Services, Federal Way, Washington. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19. 2007 NOT FOR GENERAL DISTRIBUTION TO: Hanson Consulting 17446 Mallard Cove Lane Mount Vernon, WA 98274 Attn: Jim Hanson PLANNING OEVELOyPMO~~ENTON CiT jUN - 9 2008 RECEWED Raf~# 4008 Meadow Avenue ~ PN:'JFlC.NoRI'HWE5r Trru:. ~.,(W&llhinsmn.l"" 215 Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #2 PNWT Order Number: 634519 The following matters affect the property covered by this order: A Full Update of the Plat Certificate from March 21, 2007 through May 23, 2008 at 8:00 a.m. has disclosed the following: SUPPLEMENTAL NUMBER 1 IS HEREBY INCORPORATED. Paragraph's 12 and 17 of the commitment is/are out, 2006 and 2007 taxes are paid in full. The following has been added as paragraph 18: 18. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR, TAX ACCOmn RIlJIBBR, LEVY CODE: 2008 322405-9081-02 2151 CDRRENT ASSESSED VALUE: Land: $1,360,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXEs: $13,297.43 SPECIAL DISTRICT: $3.00 $10.00 $2.04 TOTAL BILLED, $13.312.47 PA:[IJ, $6.657.26 TOTAL DUB, $6.655.21 (continued) SUPPLEMENTAL TITLE REPORT Page 2 Order No. 634519 There has been no change in the title to the property covered by this order since March 2I, 2007, EXCEPT the matters noted hereinabove. Dated as of May 29, 2008 at 8:00 a.m. RC PACIFIC NORTHWEST TITLE COMPANY By: CUrtis Goodman Title Q't(:tcer Phone Number: 206-343-1327 TO: Hanson Consulting 17446 Mallard Cove Lane Mt. Vernon, WA 98274 Attn: Jim Hanson Ref.# 4008 Meadow Ave OEVELOPMEI'fT PLANNING S!TV OF 'lE'NTON JUN -92008 RECEIVED ~. !:,~'\CIFlC NORlliWEST TJTLE G;,np<"'},,fW,,-,hm~n 1",-- 215 Columbia Street Seattle, Wa ... hington 98104 SUPPLEMENTAL REPORT #1 OF THE PLAT CERTIFICATE PNWT Order Number, 634519 CERTIFICATE FOR FILING PROPOSED PLAT The following matters affect the property covered by this order: A Full Update of the PLAT CERTIFICATE from September 26, 2006 through March 21, 2007 at 8:00 a.m. has disclosed the following, The legal description has been ~ended to read as follows: Lots 1, City of Renton Lot Line Adjustment Number LUA-05-069-LLA recorded under Recording Number 20051012900009, said lot line adjustment being a portion of Government Lot 1, Section 32, Township 24 North, Range 5 East, W.M., in King County, Washington. The following paragraph(s} of our preliminary commitment has/have been eliminated: 13 The following paragraph has been amended to read as follows: 12. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES, YEAR; TAX ACCOUNT NUMBER: LEVY CODE: 2006 322405-9081-02 2151 CURRENT ASSESSED VALUE: Land, $411,600.00 Improvements: $0.00 (continued) GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: SUPPLEMENTAL TITLE REPORT Page 2 AMOUNT BILLED $4,916.59 $2.04 $10.00 $4.928.63 PAID: AMOUNT $2,458.30 $1. 02 $5.00 $2.464.32 Order No. 634519 PAID TOTAL DUE*: $2.464.31 PLUS INTEREST *CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS. The following has been added as paragraph 17: 17. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2007 TAX ACCOUNT NUMBER: LEVY CODE: 322405-9081-02 2151 CURRENT ASSESSED VALUE: Land: $517,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $5,655.89 SPECIAL DISTRICT: $2.04 $10.00 TOTAL BILLED: $5.667.93 PAID: $0.00 TOTAL DUE: $5.667.93 There has been no change in the title to the property covered by this order since September 26, 2006, EXCEPT the matters noted hereinabove. Dated as of March 26, 2007 at 8:00 a.m. cb PACIFIC NORTHWEST TITLE COMPANY By: Mike Sharkey Title Officer Phone Number: 206-343-1327 I' PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 DEVELOPMENT PLANNING CITY OF RENTON JUN -9 2008 RECEIVED Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206) 343-1330 Telephone Number (206)343-1327 Hanson Consulting 17446 Mallard Cove Lane Mt. Vernon, Washington 98274 Attention: Jim Hanson Your Ref.: 4008 Meadow Avenue N. Title Order No. 634519 CERTIFICATE FOR FILING PROPOSED PLAT PLAT CERTIFICATE SCHEDULE A GENTLEMEN: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United states Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, page 2, attached. IS VESTED IN: THE ROB-CLARISSA PARTNERSHIP, as to a portion of said premises and CLARISSA M. FAWCETT, as her separate estate, as to the remainder SUBJECT TO THE FOLLOWING EXCEPTIONS: As on Schedule B, attached hereto. CHARGE: TAX: $250.00 $ 22.00 TOTAL CHARGE: $272_00 RECORDS EXAMINED TO: September 26, 2006 at 8:00 a.m. r.1~~~~~TrORTHWEST v;:;i:r' INC. ~ /J Mike Sharkey Senior Title Officer Unit No. 12 PLAT CERTIFICATE SCHEDULE A Page 2 Order No. 634519 The land referred to in this certificate is situated in the state of Washington, and described as follows: Lots 1 and 2, City of Renton Lot Line Adjustment Number LUA-OS-069- LLA recorded under Recording Number 20051012900009, said lot line adjustment being a portion of Government Lot 1, Section 32, Township 24 North, Range 5 East, W.Mo, in King County, Washington. END OF SCHEDULE A GENERAL EXCEPTIONS, PLAT CERTIFICATE Schedule B Order No. 634519 I. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mlnlng claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS, PLAT CERTIFICATE SCHEDULE B Page 2 Order No. 634519 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, GRANTEE, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, Newport Hills Sewer District and The Municipality of Metropolitan Seattle, municipal corporations Sanitary sewer Easterly portion of said premises June 23, 1971 7106230529 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, GRANTEE, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, City of Renton, a municipal corporation of King County, Washington Public utilities Portion of said premises March 7, 1973 7303070370 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, City of Renton, a municipal corporation of King County, Washington Public Utilities Portion of said premises March 7, 1973 7303070371 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, GRANTEE, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, City of Renton, a municipal corporation of King County, Washington Public utilities Easterly portion of said premises October 8, 1975 7510080741 (cont inued) - PLAT CERTIFICATE SCHEDULE B Page 3 Order No. 634519 5. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: City of Renton, a municipal corporation of King County, Washington Public utilities Easterly portion of said premises October 8, 1975 7510080743 6. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: RECORDING NUMBER: February 14, 1952 4210056 7. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: RECORDING NUMBER: February 16, 1956 4673375 8. Matters disclosed on a survey recorded under Recording Number 7610129015, a copy of which is hereto attached. 9. Matters disclosed on a survey recorded under Recording Number 7707159003, a copy of which is hereto attached. 10. Right of the state of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the May Creek. 11. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 12. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: AFFECTS: 2006 322405-9081-02 2151 Lot 1 CURRENT ASSESSED VALUE: Land: $411,600.00 Improvements: $0.00 (continued) PLAT CERTIFICATE SCHEDULE B page 4 AMOUNT BILLED GENERAL TAXES, $4,916.59 SPECIAL DISTRICT, $2.04 $10.00 Order No. 634519 TOTAL BILLED, $4,928.63 PAID, $2,464.32 TOTAL DUE, $2,464.3l 13. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID, YEAR, TAX ACCOUNT NUMBER, LEVY CODE, AFFECTS, 2006 322405-9043-09 2151 Lot 2 CURRENT ASSESSED VALUE, Land, $314,400.00 Improvements, $148,000.00 AMOUNT BILLED GENERAL TAXES, $5,523.40 SPECIAL DISTRICT: $1.86 $10.00 TOTAL BILLED, $5,535.26 PAID, $2,767.63 TOTAL DUE, $2,767.63 14. Terms and conditions of the partnership/joint venture agreement, and any amendments thereto, for The Rob-Clarissa Partnership. 15. Matters of record, if any, against the names of the undisclosed partners/joint venturers which may affect the interest of the following partnership/joint venture: The Rob-Clarissa Partnership 16. Matters which may be disclosed by a search of the records against the name of the spouse of Clarissa M. Fawcett, if married. END OF SCHEDULE B Title to this property was examined by: Dave Clasen Any inquiries should be directed to one of the title officers set forth in Schedule A. DO/81122801782/8310210965 - Lot Line Adjustment No. LUA-OS-069-LLA LOn , , ~.:T''':~' ,~ --,I[ • .. ~u f,,", .""" -~-,,~. ,,, : I ," i ~~:::..,~;.f'·"- ± _ ~:~~-::~~~~~~~~~~~_~~-,~,-:~IT"""""",,",,,,," ~ i AECOR)t.IO~TF I ,- ~ PACIFIC NORTHWEST TITLE Order No. 634519 Company of Washington. Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N t • DEVELOPMENT PLANNING CITY OF RENTON JUN - 9 2008 ARTICLES OF INCORPORATION OF LAKE WASHINGTON VIEW ESTATES HOMEOWNERS ASSOCIATlciECEfVED Pursuant to the Washington Nonprofit Corporation Act (RCW Title 24), the undersigned resident of the State of Washington for the purpose of forming a corporation not for profit does hereby make, execute, and adopt in duplicate, the following Articles of Incorporation: ARTICLE I NAME The name of the corporation is Lake Washington View Estates Homeowners Association ("Association"). ARTICLE II PRINCIPAL OFFICE The princi~al office of the Association is located at clo Rob-Clarissa Partnership, L.L.P., 5408 324 Place SE, Fall City, Washington, 98024. Correspondence shall be mailed to PO Box 402, Fall City, Washington, 98024. ARTICLE III REGISTERED AGENT Carson & Noel PLLC, a Washington professional limited liability company, is hereby appointed the initial registered agent of this Association, whose address is 22525 SE 64 th Place, Suite 140, Issaquah, Washington, 98027. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, architectural control, and landscaping control for the Lots and Common Areas within that certain tract of real property legally described on Exhibit A ("Property") in a manner as to benefit the Property and all Owners. The Association shall: (a) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in that certain Declaration of Protective Covenants, Conditions, Easements & of Restrictions of Lake Washington View Estates, applicable to the property and recorded in the Office of the King County Auditor under file number , and as the same may be -=-a m:::::-C:Ce-=-n"'d e-=-d""fr-=-o=mCCt"'i m=-e-::-7to::-;:Ctim==-::Ce--:a=s--;t"Lhe-=-r=e-C:in=-=-pr=o""v'""'id"'e"d'("''' D"e=-c:Tla=-Cr·atio n"), sa id Decl aratio n being incorporated herein as if set forth at length; (b) Fix, levy, collect and enforce payment by any lawful means of all charges or assessments pursuant to the terms of the Declaration; pay all expenses in connection therewith and all office and other expenses necessary and proper for the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) Borrow money, and with the assent of sixty-seven percent (67%) of the total membership votes entitled to be cast, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (d) Dedicate, sell or transfer all or any part of the Common Areas to any public agent, authority, utility or private party for such purposes and subject to such conditions as may be agreed to by the members, so long as such Common Areas remain in public use and interest for the members of the Association. No such dedication, sale or transfer shall be effective unless an instrument has been signed by sixty-seven percent (67%) of the total membership votes entitled to be cast, agreeing to such dedication, sale or transfer; (e) Have and exercise any and all powers, rights and privileges which a corporation organized under the Washington Nonprofit Corporation Act by law may now or hereafter have or exercise. ARTICLE V MEMBERSHIP Every person or entity who is a record owner of fee title to any Lot which is subject to the Declaration, or is a purchaser of such a Lot under a recorded real estate contract and is in possession of the Lot under contract ("Owner" or collectively, "Owners"), shall be a member of the Association. Only such persons or entities shall be members of the Association, and persons or entities who hold an interest merely as security for the performance of an obligation shall not be deemed to be owners. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. A corporation, partnership or association which is a member of the Association shall be entitled to one designated representative who shall cast its vote and act for it in all Association matters. ARTICLE VI VOTING RIGHTS Each Owner shall be entitled to one vote for each Lot it owns. When more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall any vote be divided among the Owners. Any Owners denied voting rights under the Declaration, as amended from time to time, shall also be excluded from voting rights hereunder. ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of three (3) Directors. During the Development Period, the Directors shall be appointed by the Developer. After expiration of the Development Period, the Members shall elect Owners to serve as the Directors in accordance with the Bylaws. The number of Directors may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the first annual meeting of the Association or until the selection of their successors, as provided in the Bylaws, are: 2 Greg Fawcett Bob Fawcett George Fawcett ADDRESS clo Rob-Clarissa Partnership, L.L.P. PO Box 402 Fall City, Washington 98024 clo Rob-Clarissa Partnership, L.L.P. 305 2nd Avenue NE Issaquah, WA 98027 clo Rob-Clarissa Partnership, L.L.P. 220 NE Dogwood, B-104 Issaquah, Washington 98027 ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than sixty seven percent (67%) of the total membership votes entitled to be cast. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE IX LIABILITIES The highest amount of indebtedness, direct or contingent, to which the Association may be subject at anyone time shall not exceed one hundred percent (100%) of its income for the previous fiscal year, provided that additional amounts may be authorized by the assent of sixty seven percent (67%) of the total membership votes entitled to be cast. ARTICLE X MEETINGS In order to take action requiring member approval under these Articles of Incorporation, such action may be approved at a meeting of the members. Written notice, setting forth the purpose of such a meeting, shall be given to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. The presence of members or of proxies entitled to cast ten percent (10%) of the total membership votes entitled to be cast shall constitute a quorum. In the event that a quorum is present but the necessary percentage to take an action is not reached at the meeting, members not present may give their written approval within seven (7) days after the meeting. Any action that may be taken at a meeting of the members may also be taken by a written consent signed by all of the members, and such written consent shall have the same effect as action by the members at a duly called meeting. 3 ARTICLE XI DURATION The Association shall exist perpetually. ARTICLE XII ANNEXATION Upon the request of Developer or an adjoining landowner, the Association may annex additional properties and common area and so add to its membership, with the approval of sixty-seven percent (67%) of the total membership votes entitled to be cast. ARTICLE XIII AMENDMENTS Amendment of these Articles shall require the assent of sixty-seven percent (67%) of the total membership votes entitled to be cast. ARTICLE XIV LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act permits the elimination or limitation of the liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE XV NAME AND ADDRESS OF INCORPORATOR The name of the incorporator is Greg Fawcett. The address of the incorporator is clo Rob-Clarissa Partnership, L.L.P., PO Box 402, Fall City, Washington, 98024. ARTICLE XVI CAPITALIZED TERMS Capitalized terms used herein shall have the meanings ascribed to them in the Declaration or Bylaws unless otherwise defined herein. 4 IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Washington, the undersigned, being the incorporator of the Association, has executed these Articles of Incorporation this day of ______ ,2008. Greg Fawcett 5 CONSENT TO SERVE AS REGISTERED AGENT The undersigned consents to serve as Registered Agent, in the State of Washington, for LAKE WASHINGTON VIEW ESTATES HOMEOWNERS ASSOCIATION, a Washington not-for-profit corporation. The undersigned understands that, as agent for the corporation, it will be responsible to receive service of process in the name of the corporation, to forward all mail to the corporation, and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the corporation. EXECUTED this __ day of _______ , 2008. CARSON & NOEL PLLC By: Stuart W. Carson, Manager 6 EXHIBIT A TO THE ARTICLES OF INCORPORATION OF LAKE WASHINGTON VIEW HOMEOWNERS ASSOCIATION THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH 01'42'08" WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 993.80 FEET; THENCE NORTH 88'49'00" WEST A DISTANCE OF 644.44 FEET; THENCE SOUTH 01'10'57" WEST A DISTANCE OF 329.58 FEET TO A POINT 11 FEET NORTH OF THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AND THE POINT OF BEGINNING; THENCE NORTH 88'49'26" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 01'10'57" EAST A DISTANCE OF 151.58 FEET; THENCE NORTH 53°55'50" WEST A DISTANCE OF 416.57 FEET; THENCE NORTH 77"10'35" WEST A DISTANCE OF 408.20 FEET TO THE EASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD; THENCE NORTH 30'56'08" EAST ALONG SAID EASTERLY MARGIN A DISTANCE OF 421.01 FEET; THENCE SOUTH 36'52'39" EAST A DISTANCE OF 96.75 FEET; THENCE SOUTH 72'55'43" EAST A DISTANCE OF 128.47 FEET; THENCE SOUTH 27"12'05" EAST A DISTANCE OF 125.85 FEET; THENCE SOUTH 54'16'38" EAST A DISTANCE OF 201.12 FEET; THENCE SOUTH 47"21'42" EAST A DISTANCE OF 123.70 FEET; THENCE SOUTH 61'41'41" EAST A DISTANCE OF 133.65 FEET; THENCE SOUTH 45'37'39" EAST A DISTANCE OF 89.35 FEET; THENCE SOUTH 01'10'27" EAST A DISTANCE OF 184.54 FEET; THENCE NORTH 88'49'03" WEST A DISTANCE OF 134.52 FEET; THENCE SOUTH 01'10'57" WEST A DISTANCE OF 113.13 FEET; THENCE SOUTH 89'47'05" WEST A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT LUA-05- 069-LLA AS FILED UNDER RECORDING NO. 20051012900009, RECORDS OF KING COUNTY, WASHINGTON. 7 c..~/ /0 t 6. '''''~j <.d-,u.J"" 0& In -cL. Jld.~e..,,-,,.J If!} ...-ht{ ~ cP .. ~J to G 4.M-?;-V1 uH7k 3:1~-c' ,.~ ~<-4-~ <th d 7[,u""tH.1 1-/,.02-, ..t.:u.,;.,.. -D( ... ~.<d'" ... ~/ .it ~.fiJ" (1 i1l(I:' d-,ol.d.']I-., S<,~.a..6 DATED thie l1If2-clay of /Yi/iR c .( ____ , 1971. STATE OF WASHINGTON ss COUNTY OF KING DEVELOPMENT PLANNING CITY OF RENTON JUN - 9 2008 RECEIVED I, (?"'f""~,rJt,) {)(f€lJ"'~' _, Notary Public in and for the State of was~nngton, reSldl.nq at S' Ir I1r p. ~ tv" .".' , do hereby certify that on this ~~n day of ~?'~V~4~nw<~if~ ________ __ 19---=I.!., personally appeared c".51O're me f?v,n"j n. F.q~./ce:r1 a--.,....1.Q Cl.!1I'{I~\~ rh F,4wt..e::,1'"' ~ k,ci/4J , tD mE! known to be r.:.he individual deicribed irJ and who executed the within ~rument and acknowledged that ~ signed and sealed ~~~p~~:: ~:re~n m!~~~o~~~. voluntary act and ee for the uses and GIVEN UllDEll MY HAND AND OFFICIAL SEAL this 3~ 0 dsy of (?1111;~'" , 19~. NOTRifU6LIC In an~ tor the State of Washihgton, J..csic::;ing dt (t"~ Page 5 of 5 paqes 'ltc" QUIT-CLAIMDE~D~~, ,.,1, THIS INDENT.uRE~ Made tUA.S 2Znrl day of J"c<"" '<"r in the year of our Lord, One Thousand Nl.ne Hundred and E~ght:y 0ne Between ROBERT A. FAWCETT and CLARISSA M. FAWCETT, husband and ..... ife, the parties of the first pa .. t and THE ROB-GLARISSA PARTNERSHIP, the party of tht.! second par t! NITNESSETH: That the: s~id parties· of the first ,lJ..J.r:t, for and iri consideration of the sum of ONE DQLLAR AND OTHER VALUABLE CONSIDER- ATION to them in h.and pa-id by the said party of the second part, the r~ceipt whereof is hereby ackowledged f do by these _presents I remise. rel":'..1se, and for:E!ver quitclaim unto the said party of the second part and to its heirs and assigns all right titi~, interest an1 estate of said parties in and to all the certain lot, piece 0r parcel of land situate lyinq and be~ng in the County af King, State of Washington, an~ particularly described as follows, to wit: That portion of Gm, ":"" ;nent Lot 1, S~ction 32, Township 24 North, Rang~ 5 E.W. desc:d.beq, as eol-lows; Begihnlng on the east line of Government Lot 1, South 1°42' 13" :~~~h 3~o~~;~ 3~~~:~~~;~~~~~h~::~ ~~~~~~ ~~~~~O~8S~~~~~" wer;;t 64'4.44 'teet thence south 'On"02" west 329;55 feet to a pOint-1-1 f5et north of sout~ .line of said Lot 1 thr~mce r.Orth 88,48' 5_8 It west 20 "fset-~herice north 10 ", 02" .... east 151.58 feeE. thence north 53 5~' 5"-'west 416.51 feet thence north 17 10'30"-west 4a~.~ easterly . m$9in of Lake Washington Boulevard ,thence north 3D 56'13" east along sa:.d easterly margin 907.39" feet thence, on curve't;o right Radius 65.4S. feet distant 68-.84 feet' to ~int 38 f~et sou.th 'of nor.th lint:! of LL:)t 1 thence so'uth 88 50'10" east 907.~4' feet to beginning: !...~ss county ':l'oaas, Less State Highway, 'less port'-ion ;:~~!y n~~t~t:~o5;;6~~a~e~~A f;~~ ~~~~e~~~ _~; ;!~~ south of_ n.ortheast corner of said Govt:!rnment Lot, ex~ept: the following' part: 'Beg in at a 'po'int 125' feet distant Easterly, wheil measured at right an9les and/or radi ally frOm: the, Center Line Survey of Primary State Highway No.1, Rer:.to~ 'to Ke~yda.l~ at Highway Engineer Station 451.106 .. 1 T.S.: thence Northeasterly 315" feet, more .or less, to a point 250 feet distant Easterly', .. hen measur~d radically from said Center Lint:! at Highway Engineer "s' station 454.'06.1, S.C.; thence Northeasterly 380 feet, more or less, to' a pcint 5'10 distant South- easterly, wtlen measur'ed radi, ally from said ~enter Li!'!.~ at Highway Engineer's Station 457/50, 'and the end of. this line descriotion" situated in th-e= cotlnty of :King, State o~ Washington. TOGEriIER with'.all and siriqular the'tenements, herediaments and appurtenances thereunto ~longing I or in anywise appertaining, and the reversion and reversions, remainder a.nd remainders J re.nts, issues and profits thereof. 70 HAVE AND TO HOLD' all an~ singular the said premi_ses. togethe~ with the appurtenances, unto said party of the second part and to, its .heirs, and assigns fOrever. ' ,,'''G CO·)""l' ~r FlCI" ~;/, me 281981 L_J'~;)~~~j 1 .' i ,; I· ·~. IN WITNESS WHEREOF, The said parties of the first part have hereunto .set-their"hands anc seals the day and year first above \Jr itt en._ On this nod -day of Decemtwr. , 198L-' before me person::.lly appeared ROBERT A FAWCETT AND CLARISSA M. FAWCETT, to me Jrnown as the persons descr ibed in f and who execu ted, the foregoing instrument, and acknowledged that they executed the sr.::,;~ tpe~~~:_~~\;~.::, deed. t', ~ -.• "'-"- '-........ -... i1bTARY PUBLIC . COUNTY OF -,',">i",Y9",r",",,; d"'o'-___ _ 'ILED (Oi R~CG,~ at RBquest oj 'lam.~Q1R.c± .. _l,._EiY\{(0± ddress.2:Q..'i.2od fuR N. e.. ~J.Dh,.WQ. QWV MY Cv~·.LMISSION EXPIRES: ~."",--.... -.. " '--"""'~.~-"-'-'-' '. .,··"I;·.~ ; .. ~ .aka"." " ,.;i& " ., Qt'fT.CL,\f:>r /JEED r!-'>I,III;tr,rv f'/lrITl} TUE (;f{:\\TORI l _~!!'\Rl~~J"_-:.-'"~.!~t' .. _e~.:.~ondl C"!~~~~~="'t\~hrll~!~~~ 'JI ____ '!~I?!_~LI~o~A~e~_t.l~!.~O£~~ __ ._. ____ ..... __ ". __ ._ CrtrU(-"-.~",n!!,,,,o:..:.n _____ _ \\.I·.l'I"~I •. n f·)'I' ,tnlt In 1"'nsl11f"fOllinn.n£ On. 0011.ac corJ\.t'\-__ .1t111 q',i/.d,,"n _ f., C:A_~~S~-:'_~_'. :~~~-~~_~ ____________ _ ______________ .~_ .. ___ II! __ 41)08 ISs"ddow Avenue .i'fQ-rt,b int' C":i':. rJ( ~~_._.Cuunl~ ul ~J.nq .~l,lfet)f il'4shinC)t.on all ~ntt.,~~t In ill!: f(JllL", ... tn~ "t's'_nhe~t R.~dI f:slall:. A pO~f,j,Oh uf C<?-vetnrnent. Lot. ,~ Sact. ~Oh 32. ~ Townahi'P 24 UOJ."lh~ 'ftahq_ S !nst.. 'II .M. d •• c.c:lb.ct 4a : ~~l ~::~ ~o~~~,~~j~, !1i)~ ~~!~t ilO:i~~:n~:~~f 1;~3.~~ ~:~~, L~!df~~~,,::~c~~!~:~/'~~;~~"i; .~!n~~ .. ~:~: :~~Z l~~d e~i~ s~jdL~~, ·R~~t~88" 3~~; >~8~ ·w!,t" 6~i"':J;Ot~~~~~~h;~~;~~o~~~rr:! ll'i~~~e f8;i~3J~;~; ~ ~t, LDbf"CO: ~~.th -I!'~ I!'" ~:. '-..:r:. $~~,ot· f8'~r..!.a ":;11. pOiJ'1t of br7~l'u·.ir.'!iJ.~ :.y.c::'!":':1ti~ t.ty~.t"D#I t.l'\tlt pott • .i ... rt. for ~1\6 abOYe dftae.o.b.4 l'teet. lV'''''') .triJt.'h ot ltl. £ol1owll'Ig-delC't"lbt<f: Un •• l -lJ.\1itiniftg _. dt. a point. 1 haL l'totth .o{ t.b. »outhellIJ.t. C'CltIlCtI!: o( u •• IboY. de:··c:ti~GIf tt'ac:t .Iid runtll"" t".M.r waco.tJy 5to509 r_oe ~ more or If/II$~ to r.'f point WhIch JIt J J lffCl'C n~rth ... r ~h •• outb 1l"41 o~ th. t.t.ctct: ~j~:~~1~j'd d~;:~~b~1!t!~~n~i i::~1~~~~ ~fa~~l:c!~h I~T;~ :tJ::a~d ~;:;n:n" l:t'i .. ~n ti:·.J::~Qrt't-w :::~~e:1 =::!h:r O:"~~9~~~;4!~n~ !;:! ::!~~; ~~o~ 1 °fe!:·:id~~u!:l:;d~::~ !~r:~:~r~rll:6ft(. to' U'I8' lull wtdth ,,! thd west. ,en.d' 01 th. o!Ib(rJ<t" d~.ctlbed ttlf~tf i!luc::tl elu.,.nt to .,. p • .tp..cuUy ityajlabler to' tho 9I"o/Ir.tot. "nd g.rent .... tor Ingl' •••. uJd "91" .... tl) th.t1" p~I)~.rty • .u:.uat. adj"aollnf. to thtl sald t'lH!nty (oct .. utI' aiM blftCU,hg on theU 'h8U ... ct)(l~utOt. IJr a.ligna. AND ALSO ttlat 5tr.kp tJf .lInd t ... pty '20) foet in wldt.h~ th" .,.,tt t'ounttal"Y line ot "hich .tltlp"· i_ ;~:o=·~it;;n:~f r~:~d~~'1~iuo~a~~;~ :~ ~::~.~e;:~:fi~; ~:~~:~:" CJ}OKi~; ~~~~Y~~~b~~~!:~ of r:twt· ':' AND that boy 'rf~. in.trucnent do h.rat.., ctUH. aU t"iqht U.tle or int., •• e In the pdvl'l.g-4I o( Ingrofu, and f!g.::e •• JI) the lItor,,#IJL twanty 110) root st.tjp of IlInd. J .. S. (Indiyid!'aJ AcI<no"J.d,m."f) '. ., ..... -~ ~ ... . _~~,._~~~ _____ ._. __ \'-.·~·i_"'·' .·.-.~~I ·,·--'~]E~~,.q'" :]'-_ •. :_'":.. KING.WA 20050909003320.001 After recording return to: SMITH BROWN STERLING, P.S. Po. Box 9'10 Ilt'ltllll'jJII~ Fall City. WA 98024 TLE QeD 33. "" ~~~G C rB~33 • UO QUIT CLAIM DEED ~~ ~}-!/ The GRANTOR. CLARISSA M. FAWCETT, as Trustee of ~'CLARISSA M. FAWCETT LIVING TRUST dated August 14. 2002. does hereby grant and distribute to the GRANTEE. the ROB-CLARISSA PARTNERSHIP. for ten dollars and other valuable consideration. without warranty. all of GRANTOR's right, title and interest in that certain parcel of real property commonly known as 4008 Meadow Avenue N., Renton. WA 98056. and legally described as: (SEE ATTACHED) Tax Parcel # 3224059043 COURTESY RECORDING ONLY NO LIABILITY fORVAUC:'."Y Dated this 29th day of August, 2005 '. 'JR AC~IJRACY AcSUX1 . BY StEWARt liRE ~":-~~~~ ~-CLARISAM. FAWCETT. GRANTOR STATE OF WASHINGTON) A-bor.1-.e~: l?)oV(.(V\/\W\:k-l-o+-I) ) ss. 5etki""'''3Z To....,,,,,,,,,,,? 2.'1 fJ County of King ) f.w\'}4-Ii!) e. W. On this day personally appeared. CLARISSA M. FAWCETT, to me known to be the person, and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the purposes therein mentioned. GIVEN under my hand and official seal this 29th day of August, 2005. ~''';'''''''''''\'I ~ fA Ih .. nn ... -_ ... D.OU,~I" LV· "-V-tt~ 4.~r.i~;\6·ii:i:~. 1 111"" Laura:DU\lall -~"'.. NOTARY PUBLIC in and for the State ; :0 ~OTAIlY~' ': of Washington. residing at: North Bend ~ ~u _._ ! ~ ~ <Jl ... PUBLIC .: '" 5 My apPOintment expires: 9-9-08 ~, :,.\ ... ",,0 ~ ",~)o.;···.!::?:.9~··~~~ _:" "II~t.,~t,~~------ E2153702 08/011/2005 15: 32 KING COUNTY. Uo TO~ $10.00 SOLE $0.00 Page 1 of2 PAGElt1 OF 001 Printed on 9/22/2006 12:56:01 PM Document: DED QCL 2005.0909003320 KfNG,WA 20050909003320.002 EXH1BIT A , That po.:t1o:a o.f Government: Lot: " ",oocUQn 32. ~lJb1.p 2' North, R<lnge 5 B.iI. desc:r1bed as Sollows: Beqlng1Jig' on the """t Une 0: Gov"rrwen" Lot 1, South 1 42'13' _at JQ feet f~"", th .. nortl> .. ast: corl"'1) thereof thane. "ollth lD~2'13' ... eat 9oA.IIII feet t:be.n" .. north 1111 48'55" _t 644.44 f .... t 'tl>6DC" a01>tb 1 1"02" "'''''i: 329.55 feat to a~oi1>t " £ .... i: n<>l:t11 of south Un .. at r.!,i.d Lot 1 tlU!mee n"",tll 88 48'S8" .... as 20 f""t tlu>nc:e ;carth 1 11.102" east lS1~Se fevt theac& north 53 55'45' we~t 41E.S7 feet thanoe north" 1"(":$0' ,.,..,.t; .408.2 f .... " ,,<> ~ .. terll'.lIl.1U'9'~ of Lake·· __ Waahl1l9ton Boulevard thenca noz-th 3\1 $6"1~ east: "lang ",ald· easterly m",,<;il'l ;J07.3~ f .. et tbem:1I on ="0 U) r1.9ht Radina 6S .49 feet dut_t. '8.S4 f .... t to P<llnt 30 -f .... t south of ncrl:h lins of Lot I thence south 8S050'10' eut 907.54 f .... t to beg1nn:!.ng; LeG" Cc>unty Roeds, Le .. " State lUIlh", .. 1', Leu' pocrtion ~.$t5 .. 1y·of Steto· a".Jh'way :2-A IUld northerly 0:1: U.ne runn1lllf north 52 59' OS" "'est l'rom point 986.45 ;feet 60..-ch or northeAst: eorn .. r of said Govexn_nt Lot, except the follOOi1.n9' part. Besin at a po1.nt 125 taet distant Sastarly, when me .. "ured a~ r~qht ~le8 end/or r .. <21 aUy {XDIIl the Center Lin .. Survey of l?r1.loary State .aig"v"y NO.1, Ranton to Rennydala at Hiqhway Engineer StatiOn 451)06.1 '1'.S.: thence Northeasterly 315 feet, mare or les8, .to .. po1.nt 2SQ feet di~tant: Basterly, when m&a~rad radl ally fro~ said center L~ne at Highway ~inaax'g Stat1Qn 454/06.1 S;C., tbence Non:heuterly 3eO feet, mare or le .. ,,_ to a po1.nt 51Q feat <1:i8t""t Southeasterly, whe" ......... = .. d rACl1Q .. lly from said Center Lice at Highvay En'1inear's Stat!on 457/50, and ~e end ot this line daecr 1pt1on. s1.t:uated 1.n the C<>unty of KinS, Stat .. of Washirl'lton. Page 2 of2 Printed on 9/22/2006 12:56:02 PM Document: DED QCL 2005.0909003320 " Ul'ILITY EI\Sl'~1EN1' Tha undcrsisnC'd r.rnntor{o) I hi!3 heirr.:, SUCCCIl!1'or!j oncl olnsigns (hcrcinilftcr rc(("rred to as I'(;t"antnr") [or vollunblc cOI1(liclIJr£ltion, the receipt of which is hereby ilc:h:nowlcdqml, herclJy \.J8.r.rilnt.J, . conveys emu qranL!i to NC'wport Hills 5cwer District, and l~ the I'lunicipCllity of Nctro[",olltnn !;eattlc, municipal corror~tions in .King County, t':il9:hingtOl~r th~ir .G.uccc~sors and a~sign9 Owrcinaftcr together referred to as "Grantees It} oJ. )JcorlnLlnent eu.sement ovel-, a cr055, alor:s. ; n, upon .J.nd und12r t~H~ (ollm-Jing described tra~ts bf land loc~ted in King County, \~«~hington: (1) Tax Lot 43, in the 11"1 l/4 of Sooction 32, Township 24 north, nange 5 Eust, .-i,H., dQGcribcd. as f0110\15; Baginnjng on the East line of Govt. Lot 1 in ~aid section 32 ~t a point 993.BO fee.t SoutJ-crly .from the Northeast corner therF!of; th~nce South 1~42'13~ llest ~long said ~asL line 340.55 feet to the SouthcaGt corner of G.1id Govt. I.ot l~ thence North 88°41)'50 11 "I'iest 641.35 fect; th(~nce Horth 1°11'02" Last 340.55 feet; thcncQ Routh BU"46'55" East 641,.44 feet to the point of beginning. Lr:SS a portion lying South of a line beginning 11 feet North of t'h~ [>cm.:.ilca:;;;t corner of th<..' above uCriCrl.bCCl tract. th.:2'nce \:(m~~rly 559 feet, morc or lena, to a point 13 fe:et North of t.llC Sou::h line thcrqof; thence h'estcrly 02 feet, more or less, to il point 11 feet ~;orth of lhe SouthIJcst CornC!r of said tract. LhSS F.A.I.U. No 405. LESS th~ Ras~ 30 f~el fo~ street. (2) Tax l.ot 10 in the NN 1/'1 of Section 32, Township 24 North, n,:uv";c 5 El:.st, l.'.M., dc!:.cribed as fol1o\,,'~; Beginning on the l:a.fit line of Govt. Lot 1 in s.Jid SecL.iuli 32 at a j?oint 30 fQ0t Southerly front the Northea.st corner thereof; th("'TICt: South 1"4]')3" Uc.!;It along said Ca.st 1i11O 9G3.(J'O feet; tllGncc No,.-th OS1:l40'S5 1 ' lle~~t 644.44 fect; thence South 1:11'02." t:ost 329.55 [cc:t to a point 11 rC'~l. ;Jo.rth of the :;;outh lir;.:. of ~aid Govt". r~oL 1; t.ho!1':'~ !!c::-th e:Pft']'50" :;"""Gt 2i'i [t:ct.; thence I~Ol:th 1°11'02" EL1~t lSLSD fC'c~; :;hcncc t\orth 53°:;5'1,':i" I~est ~lf;.57 f(·ct; the-nco ::0)""\" 77°10'30" l~r,st 0108,20 fr.:el -La the Lc1ctcrly m.:'::(jin of L,,;:c l'M.!:llingt.on Doulc'.'clrd; i.!'tncc I!r);"tl~ 30"5G '13" l:OlGt ~lonq s.:-.id r.L;~tc.:rli 'T'~r'J.irl ~07.3fJ ft'c:':; tlJc'nr;c on ;:, curve to the riryht haV1.1HJ a ra~Hu~ of r>~ ... ,9 fp('L, .:I uisu!ncc of GO. 8~ f~~t to a poi.nt 30 feet ;'oulh of tht; I:Ol."'th line of flGid GO~Jt. Lot 1; thpnce ;-;("">llth ll:J":,O'10" );.1!it 907.54 feet to the: point of bcqinninrj. Lt:SS 'F'.".I.li~ 1,0. !lOS. L'CSC por";:i('lT'l \'e!:jl{~rly of r.l\.J.II. l-.lo. 405 .1nt1 t'!orlllcrl~' of ,1 l"':':,o .l"tmnill(J r,ol"tll G2(1!j!J'05' I"r.:!.it fr~m '1 poi/It lJn tile ;:lf~1J"<;.· ::;.'1 iLl l:,·,,~;t linL vf CCJvt. l .. ol 1 ';'CJuLlH .. ·r:y ~::!G.~'.i f11""j Lr,}i1\ tll,_ ~:~ ... 'tol .... ~l!·~ corn .... r uf :.;llid Govl. l,ot 1. . .'. The aforesaid cas e nl e n t being more particularly described llS follm."s ~ It. s trip of land 10 feet wida, 1:. ing 5 feet on each side of the following described center-line: Commencing at the Nortl-j 1/4 corner of Scct'ion 32 t To\·mship 24 North, R.:\nge 5 r:ast, VI.M.; the:1cc .south 1 0 42'13" "'lest alor.g the North~South center-line 01 said Section 32 foc 1097.92 fC!et: thence North B6°5B'57" Hest 30.01 feet to thea Easterly line of Tax Lot 43 in Govt. Lot 1 o( said Section 32, the true point of begi.nning;: t.~.ence cOhtinuinq Nort.h 86°59 I 24" West 460 feet, morc or less, to a pOlnt 5 feet Nesterly, measured at right atlglcs, from the \'}esi:crly margin of F.n.I.H. No. 405; thence Northerly, 5 feet v~est(!rly of and parallel to said m~rgin, 100 feet, more or less, to the Northerly boundary of the a forcs~id Tal: Lot 43 and tile Southerly boundlry of Tax Lot 10 in the aforesaiu Gov~. ~o~ 1; th~n~e continuing Northerly parallel to the aforesaid ~\'est:E:rly margin of F.J\.I.H. No. 405 for 250 feet, marC' or less, 'to a point 5 feet Southt.;e:::tcrly, measured at riryht angles, from the Northeasterly Loundary of th~ ~fcrQsaid T&~ ~o~ lu, thence North'h'E"stt.>rly, 5 fect South\Jestcrly of and parallel to said boundary, 730 feet, mOr~ or les5, to the Southeasterly marqin of Lake Washington l3oulevi:lrd , the tarminu,c; of the foregoing described center-line. All right, title and interest ry:-anted by this casement may be exercised by ~ithcr or both of the Grantees, and either Grantee may ussign and t~ansfer all of its right, title and interest obtained by reason of thi~ easement to the other Grantee, provid~d such ~sRignm~nt and transf~r is accepted by such other Gran tee. Said cascme"lt is i'or the purpose of instDllin<J, constructing, operating, mD.int~ining, removing, ropairing, replac.i.lIg, and using a. snni tar), se",'a:r. \d th all connections, n1l1.nhole~, and ap!?u.rtenancC:!s thC!rC!to, together Wl. th the rj ght c-f ino!'c:;s tc anG egrc:::;,;.; fr0n. said dC!~cri/')~d property for the ioroC]oing lJurposcs. Gr""ntor doce furtl.o.l. iJargain, sell, convey and grant to the Grantees a tCI1!!Jorary construction cu.~cment for: all purposes du:t:'ing the con- st.r'..!ctin!~ or I"h~ £.<!icl fucl.l.i.Lics fnr any .lnu all purposes rC]i1t.~d to ~uch construction, over, across. along, in, upon and undt!r the follmllng dCGcribcd pto,.crly. together wi th tho righ t of ingrC!ss to and c<Jr<::;~ from the rC11IO'v/ing f,.lc~crl.bec1 property for the fore- goin,) purpO~C!3, !3nicl tcmror'.Jry con:::.truction C<l.scrncnt to commence on the elate oC lhi!i in!ltrlllW'nt flr1(.1 tu tC.tmifll1te on the date ilc\:.ual usc of ~ a id ca!;ctt'lent il rCll ch.:lll tcrmino'Cc, or uDon DGccmbcr 31, 1973, \:hichcvcr ~lla1l first occur. A strip of land lying 25 feet on each side of tbe following describad ~enter-line~ Commencing at the North 1/4 corner of Section 32, Township 24 North, Range 5 East, W~M~, thence South 1°42'13" West alon,) the North-South center-line of said Sectlon 32 for 1097.92 feet, thence North 86°58'57" West 30.0l feet to the Easterly line of T~x Lot -43 in Covt~ Lot. 1 of said Sect.ion ]2, the true point:. of beginning; thence continuing North (16°59' 2411 'West 505 feet t more or less, to a point 50 feet Wedterly, m~QBured at right angles, from the Westerly marqin of F.A.I.H~ No. 405, s.,,;.~ poin~ being the terminus of the foregoing described center-line. ALSO a strip of land 50 feet wide, lying 45 feet to the left, and 5 feel to the right, looking in the direction of the traverse, of the following described line: Commencing at the North 1/4 corner of Section 32, Township 24 North, Range 5 East, W.M.i th.ence South 1°42 1 13" n-cst along the North-South center-line of said Soction 32 for 1097.92 feet; thence North 86°58'57" West 30.01 feet to the Easterly line of Tax Lot 43 in Govt. Lot 1 of said Sectl.on 32, thence continuing North 86°58'57" West 460 feet. mot'e or 1esst to a point 5 feet Westerly, measured at right angles, from the Westerly margin of F.A.I.H. No. 405, the true point of be- ginning; thence Northerly 5 feet Westerly of and parallel to said margin, 100 feet, more or less, to the Northerly boundary of the aforesaid Tax Lot 43 and the Southerly boundary of Tax Lot 10 in the a.foresal.d Gov'" r,.,t 1,; th'2nce continuing Northerly parallel to the aforesaid Westerly margin of F~A.I.H. No. 405 for 250 feet, more or less, to a point 5 feet Southwesterly, measured at right angles, fror." the Northe.lsterly boundary of the aforesaid Tax Lot 10: thence Northwe~terly, 5 feet South- w~stGr1y of the parallel to said bou~dary, 730 feet, more or less, to the SoutheasterlY mar9~n of Lake Washington Boulevard, the terminus of the foregoing described line. ~a~ent f?f permanent easement shall be S Uve 7 !{OUj-dl>D ;1,.," "<>0/., C&t-u?llS (If S-()(){) "Y I The Grantor hereby, and the Grantees, by accepting and recording this easement, mut~ally covenant and agree as follows: 1. Each Grant2e separately and individually covenants that it will indemnify and save the Grantor harmless from any liability arising to third persons from and on account of anything done or maintained by such Grantee on such easements; that if, at the COT'T1lnenc'!Lnent vf any work therein by such Gra.ntee the surface to be disturbed thereby shall be in a natural condition, ouch Grantee shall reasonably gr~de and plant 9rass seed on such 9urfaca on completion of tho; ,.,orK and ehat if, at the cor.~!!cc.O'I'.~nt. ~! such \o,'Cl,'r;;. th~ surface eo be dis- turbed thereby hdS been lil::.'::scaped, such Grantee shall restore such lar.dscapin9 to the r:ondition exist ina prior to the COmrnencf:!ment of the \.,IOrK; prov~ded that in no event:. Shall ',uch Grantee be liable to restore any trees destroyed or damaged by the work. No liability shall attach under this paragraph c:xcept to the Grantee performing the act or oml.ssion complained of. Page 3 of 5 pagas ','" 2. All rignt. title ~nd ineerest which may be used and enjoyed without intorfering with the easement rights herein conveyed are reserved to the Grantor. ~owev6r, the construction, installation or maintenance after the date of this agr~ement of structures of a permanent nature wU:.hin the above-dcBcribed permanent easement area at any time, or within the temporary construction BlIoBement area until such temporary construction easement 9ha.11 have been terminated, without the written consent of the Grantees, shall be deemed an interference with said ~asernent rights and as to such structures the provision"l of paragrapn 1 shall not apply. 3 _ Grantees shall remove aa few trees as reasonably possible from the temporary construction easement area granted herein. Those trees located within said easement and mutually agreed upor.. hy Grantor and 9rantees shall be saved. 4. Grantor shall have the right to pave the permanent easement area for a d~iveway access after the or~ginal installation and if c>uch pavement i~ damaged or dest1:oyed by Gr.:mt.ees use, maintenance, repair or replacement, shall be restored to as good a condition or better as said .pavement e~i9 ted at the time such damage or destruction occurs. 5. Stubs for future connections shall be left on the sewer line at the following points: a) One Sltub to the north and one stub to the south at a point 25 feet, more or less, east of Hi9hway 405. b) One stub to the south and one stub to the north at the meal southerly manhole located 5 feet west of Highway 405. c) One stub to the SOU1:!;, a.::' ..:entral i1tanhole on the north reach of tJe ~n~wlrcli~,( aI ->",,,,,,,1.6 .--1 >IM.tJI"...;t ~~.~,t/~~ All arrangements to connect to these st:.ubs must be made by Grantor with the appropriate local se\..raqe agency includinq any assessments or charges reLJlll.red by said local sewage agency. 6. Grantees shall secure a release from Grantor stating that the property included within the above easements has been restored in accordance with Sections 1 and 3 above t~ the GrautoL's reasonable satisfaction. ----------- '" N o o L... F,l '" ~ FILED for Record at Request of Nam, Pw/ru.. 1If"H1lt""~ tid A~'·'\!~.o J:.J:;3.!:J{. ~ 51t,(S-~C4 ••• ~J f<.~, 'l??~1 RECORDED m.···.··.··· OF c ·,;roui's·; 0, T971..t. 23 PM 4 h OIR!:CTcn RFC.:.rkDS &. £LE'ClJ')' S KING COUt-,rr. w.;:,~. 1 r nm rNSTRU~!IT. mad, t,IS ~day of __ ---'-M'!ac:'cc:h ____ 19~; by and bet~een ==Ro=l>f=r=t=A=.=F.=.",ce~t,,-t_dnd wife Clarissa M. Fawcett _______________ a'd _____________ , ____ ======:=::=-___ and ---------.. _____ -~====~======_~a'd, ____ -__ ·_~==-_-___ , hereinafter called "~ran-tor{s.)II, and the CITY OF R£NT!lf, a M:Jnicipal Corporation of King County, Was~l1ngton, hereinafter called "Grantee-. WLTNESSETH : That silid Grantor(s). for ?nd in consideration of the sum of S~ di_ b; t~ese ~~~;:nt~a~~r~~i~:a~!r~: ~~~v~~e~n~a;~~~t C:~ t:!\:~d Grantee, lts successors and asslgns, an easement for public utilities (including water ~nd S~eT! wi th neceSsary appurtenanct!s over .. through. across and upon the :!~~~;~ ~:.S~~;~~~/rtIperty i.l King Ccunty. Washington. 1OOl"'e p&rticulilrly A util Hy easement 15 feet in width over the following described property~ BEGINNING on the East line of GovernMent Lot 1 in S-ection 32, Township 24. North, Range 5 East; W.M" South 10 42' 13" West a distance of 30 feet from the Northeast comer of said Goyernment Lot 1; thence South 1° 42' 13" West a distance of 963.80 feet; thence North 88'" 48' 55" West a distance of-54.44 fe@t; thence South 1° 11' 02·" West a .distant.! of 329,.55 feet to a point 11 feet North' of the South line of said Government Lot ~; thence North 880-,48' SSn West a' distance of 20 feet; thence North 1° 11' 02" .East a distanCf! of l51.58 feet; thence f'lorth 53" 55' 45" West a distance. of 416.57 feet~ thence North 77° 10' 30" West a distance 408.2 fi;!et to the Easterly margin of Lak.~ Washington Boulevard; then.cE! North 30° 56 1 13" .. East· along said. Easterly margin a d1stanCll! of 907.39 feet;' thence on a curve to the right; ill distance of 60.84 feet to a point 3D feet South of the North line of said Government lot 1; thence Easterly 30 feet Southerly of ' and parallel to 'said North llne to t-tle Northeast comer of said Government Lot 1; thence South P' 42' 1'3" West a distance of 30 feet to thE! pot!")t of tteg;n~;ng; The centerline of said utility easement being .described as fo11Otr1'5;: BEGINNING at tile intersection of th!!' centerline of North 40th Street with tne centerline of Meadow Avenue North; thence South 88'" 48' 58" East a distance of 12.5 feet to the point of beginnfng of said easementi,thence North 19. 40' 47" East a distance of 218.26 feet; thence South 81" 31)' 49" East a distance of 165.5 feet to the Westerly' margin-of FA! 1405, t~., terRIination of said utility easement centerline. Together"" th a temporary construction easement described as; Sa~d teltlJonry construction easement shall remain in force during construction and untll such tirre as the utilities and appurtenances have been accepted for the operltt1on and maint~nar,ce by the Grantee out not later than -~---.- Said tleretofore nentioned gNntee, its successors or ilS.5.i!JlS, shall ha't\! the ri~t. \ll'ithout pl"'ior notice or proCftding 1t,1_, at StidI ti.s as IftQ' be necessary to enter l4JOI1 said above described property fc.r the purpose of COIl:- strLlctin9' JIIIlinta1ning. repairing. altering or reconstructing $iIlid utility, or mak-ing! any COIIntctions tMrwith, and such ~trvct1on ... iftuin1ng. repa1 ring. altering.or reconstruction of such Lrtil1tJ' shll be aCCOIIpl1shed in such a Mnner that the private lIprcve..n-ts e:x;isting in the right rl~t(s}-of-wQ' shall not be dl'i,turbed or da_ged, or in the event_ they In! disturbed or daaged. they w111 be replaced fn 1.$ good a coodition as they..ere illRdiately be~rt ~e prcperty WM entered upon b}t. the Grantee. The G.rantor shall fully use and <!njoy the aforedescribed premhes __ including the right to retain the I~gftt to use the surface of said right-of-\II'ay if ,l.uch use does not intl!rfeT'@ !Nith installation and min1:!nance of the utility line, However, the grantor shall not e"rect puild1ngs or stnlctUn!S oyer, under or across the right-ot-waY during the e~isteflce of slK:h utilit):, This easerlEnt. shall be a covenant rur.ning with the land and shall be bind- ing on the Grantor. his suc:cesso~. heirs ~. assiglJs. Grantors COVentl.llt that they an! the lawful. owners of tne above'properties and. that they.have II good and ).aw1")Il t"i!1lt t~ e ecute this ag~elnl:!nt .----; ~ :G~~ 'nd ,nd STATE DF WASHINGTON 55 COLtlTY OF K:NG r. the. undersignec, a notary public in and for the State of Washington. he.reby certify that on this~day of M"""'i?=-Crl 19l~ personally appeaf1!d befo-I"e me ~.--p...., ~~<-6. T ~~ C; NZ\%A-M f1>., .... cFtT , ___ -=====--______ _ ano ;. ~ iII'Id' ;t'O'nr known to be lndivlduaHs) described ' ~. in and WhO executed the foregoing lnstrwne.ilt. and acbiQftledged that Tht:;;-y si9rled and sealed the SaBJ;! i!S :nilJiii:IIIIIJree and vohntary act and deenoi="" tt"!e uses. and purposes therein I1I!nti.oned. .... .",."., ....... q t'l IIfCOIIofD -.. --W ... . "(ail< .,~ ;; .... 10 03 THIS INSTRUI'ENT, ""de this IitlLd.y of _--'''''=N:'''h'-____ 19 2.L: by and between Robert A. Faw(;ett and 'Ri fe Clarissa 11. Fa.wcett _________________ a."d~ ___ ~ ______ __ ---==========---=------~and!_=___:=====:::::::====_ ~_-===o======_ __ i'"d~---.:-======:=; he~inafter called "Grantor(s)". and tJ'!'2 CITY OF" R£NT~. a "'micipal Corporation Qf King County, -Washin9to~. ~erefn-after. called "Grant~. WI rnESSETH: "That said Grantods)", for I1nd in consid@ration of: the sum of $~ "do:?=:;6;::y=tlirr=:e:::,e=:::pre===se:::n:;:t:::s ,==9 r:::a:;:n?t~a!~r~~i ~:a~~~: ~~~v~~~e~n~a!~~~t co;~ ~:\:~ d 6rantee~ its successo~ and asslgns, an easement for public utilities (including water and sewer) wi th necessary appurtenanct;!s over. through, across and upon the following described property in Kin9 County, Washin"gton. ItIOre p.rtj"culirly described as follows: A Utility easement 15 feet in width o'(er the followtng desuolbed property: BEGINNING on. the East flne of Govet"ftRnt lot 1 in Section 32, Township 24 North, Ral1ge 5 Eas-t; W.M •• at a point 993.ijO feet.5Quth of the Northeast cornel thl?reof;-the:1ce South P 42' 13" West 810ng said East Hne a distance of 340.5:) feet to the Southeast comer of said Governllerrt Lot 1; ·thence .North 88" 48' 58" West a distance of 641_35 feet. thence North:1° 111 . 02" ~st a distance of 340.55 feet; thence South 88" 48' 55-East a distanCe at ·644.44 feet to a point of beginning; LESS that portion lyinq South of a line beginning 11 feet North of the Soutbeast comer of the abOve described Tract; tnence west 559 feet, roore or less, to a point 13 feet North of the South Hne. thereof; thence West 82 feet._rnore or less, to a point 11 feet North D.f the Southwest corner of said Tracti·lESS ::~ate Hi 9hway; LESS St...."t.: " The centerline of said 15 foot wide easeEnt ,t:>e1ng descri~ as follows: 8EGINNING at the intersection of the centerlines of North 40th Street and Meadow Avenue North. thenar SoIltJl 88" 48' 58-· East a distance of 12.5' feet to- the true point of beg1n.ning of. saHLea$~t; thence North 1" 40', 47-East a distance of 218.26 feet; thence South 8ra 30 1 49" East a dtstance of 165.5 fe!t to the Westerly margin of FAI 1405, the terminus of said easelrent. centerline. Together with a hm!porary ;:on'!'trIJctiQn easement.described as: Said te"llorary ::onstr:Jc:tion easement sha.l1 relT.d:h in force during construction and until such ti-e as !.he '.Jtilities and dppurtenances kaye been accepted for the operatbn u:d -air:ter,ance by the Grantee: ~ut not lU.e:r than _-=~ ______ ~<- ~.ld heretDfore _tlonod-~.-~~Ot'S-or "'~.'5h.1J h .. e .the rl!tlt. without priOr"L-not1ce or proceeding It 1 ... at such !.ies 15 Ny be- necessuy to enter ~n said above descHbed property ftlr the pUJ1)Ose of con- structing, Ninta1ning" .. rapa1ring. altering or n!tonstruc:ting said util1ty. or r-.aking any cm:nections the.rwith • .,d such constnct.ton. 1III1nbin1ng. repa;ring~ n altering -or reconstructfon of such utility shAll be iCCOIIpl1shed.in sYCh a tlMfteT e that the pM vale i..,rove .... ts existfng in the r19lt rl g,t(s)-of-ira,y shall not be ~ ~iS~~~~dorn ~::d :r c~i~c:wea:\:!;Y w:;: r~~r:e~l;r ~:-..r:he ~r!~~!~ :3 \lias entered upon by the 6r .. tee. The Grantor shall fully use and enjoy the aforedi!scribed premises, including the right to retain the right to use the surface of said right-Df-wiY if suc:.h use does not interfere ~ith ins.tallation and lZ'I/Jintenance of the utility line.' H~¥I!!r. the grantor shall not erect buildings or struCtures over, under or: across the right-of~way during the !~xistt::nce of such utility. This easement, shall be a covenant running ",ith thl!! land and shall be bind- ing on the Grantor. his. successors, heirs and assigns. Grantors covenant that they ~re the 1 awful owners of the above properties and that they have II good and' .~.~1 r"l ')tit to e ute this ~greeflEg~ .• ; !~ ~:: ~'. STATE OF UASHINGTIJj coum OF KING 5S and and I. the un ders i 9"Ied , a notary public"in and for the State of .Jashington. hel"@by certify that on this ~ay of t--.1A:J;z.c;H. . 197~ personally appeared before rtr ~T ,t:::a... ~c...oeTT . and r~~,~...eg..~~~ji,A,-~~~M~~.g...v~~'~'EfT~~T~. :: ;----.--~~~===---------~~--- and ;"-t"D"'me==--"'n"'''''''~'''tD'''be'''l n"'a"j"'vlr.;d"ua"I'\ ''')'''''do~'"''cr1=be''''d in .and WhO. executed the fo-regolng ln5t~ntt and acknowledged that :n=tt: ~ si~ed and sealed the Sa/fe as ~~e IRd vol untary act and. dee!:' for t1ie' USes and pU~$es there;" Il1m~ioned. I I orncz Of' 'I"H[. nTY CLERK. .-umwt M'!mqrt' wOO -ilECoRoEO ' . .J '.:0.' .3~·Qjj,£s~·~' ______________________________ Md __________________________ _ ________________________ ~Md ________________________ __ __________________________ ~Md __________________________ , h~re:1n"'rt.er clI.lled "Gl'a.ntor(s)." a,nd the CITY Of' Rtl'ITO:I, a Municipal Corporation or King County, Wuhington. hl!Tl!inaner called "Gr&ntee." W]TNESSETH : That said Gun tor( s). for ud in <:ondderaUon 0 r the BUIll of $ ;. ,-("-)--,.,.-::--..",-- paid by Grantee. and other va.luBble conltde-ration, 40_ '"by-:-7',.-h.:-'-:-.--=p-r"" •• :-::.""D''"'-.-.--r ..... -.':-.""','''.,.-g-:&'''in, .ell. convl!!'Y. and warrant unto the .aid Grantee, loU III.ICCU80n ADd ... lsns, an eUeMlIt for pubUc !.IUl1t1u (inC!ludlog vateT and sever) vith Rece .. uy appurtenatlC'u a .... r. throu,sb, aero ... and upon the rollov1nl de.cribed propertt 10 IUnr: CouatJ, WublD&toQ, 80" parUcularl1 4111C'rlb<e-d lUI tollow .. : THE WEST ;Ir) FEET OF M EAST C'y FEET Of THAT PORTI().I OF THE SOVn-i HALF OF m~ SOUTH HALF Of GOIJERJlKN'( LOT l~ SECnOO ]2, T2 J1N, R:;E, 't/,M., IN KING COI..NTY, WA5t"UNGT~, LYING WESTERLY OF P~[1"AAY STAlE HIGlfM,Y t-tJ. 1, RENT()~ TO Kn'~YOALE (MA INTERSTATE 110'-,), .lIND LYING r-..QRMRLY OF T)1£ SOIJTH ~"J') FEET OF SAID GOVERlH;NT LOT I. T()(,tTHtR IfIHi A TI:::Wf.>R.AA:'J' C~TkUCTJ~ EASEI'£NT DESCRIBED I\S; mE. EAST JI; ... FEET OF TI-lAT PQRTIOO OF rHE SOIJTH HALF OF THE soum HN..F OF GOVERN'1:NT LOT 1, SECT/CN ~~, T~ljN, R5E, W.M •• IN KING COl ... ·ny I WASHINGra~J LYING WESTERLy' Of PRI~Y STATE HI~AY t-tJ.l, RENTON TO KE/lMDALE (AKA INTERSTATE 1101)), /!NO LYlt-G t()RlHERLY OF THE SOUTH 200 FEET OF SAID GOVERn'£NT LOT 1. :'lIirJ ~c.>rr'fJ0r~t'y c(}n:,:lrtlctiun CCi!;C,'7l(!lIt !lhui.l ret11111u ill f")rcl' 'J\Jrifll~ c(;r,::;truc:t.i'''l. WHJ Ufltij I,PI('h time ":; tn~ '.~j liti(.>~ and Bpp\JrtcnT~nce~ 111.1',;: l;cerJ accE.'pt.e(1 :'"],, th!! 'Jr"'l"lltir,1\ 1tI. J lI,uinten!lnct:' L.:r the r;l"tLntcc hut n'.Il 10.1..f:1' thflll ::'~·/(oml.jcr jU, lSlfS. -.-----------~--- StLid heretofore rnentionf!d grantee, 1 t8 successors Dr' assigns. ShA.11 hAye thf! right, wIthout prior not.icl! :'Ir' proceeding at. 1.11.10', at such time!! as DIll,)' be necessary t.o ent.er upon said sbo\e deacr1bed properly for the purpoJJe of construct.- ing, maintaining, repairJng, altering or reconstructing said utilities, or tr\tI.king any connections therll!vith, vithout incurring 1Sll)' l.egllol oblil!;lItir>na or 1 h.bility ther~rore. provided. that. such conltrlJction, Mint.inins, rll!p.iring. altlrring or rll!CfJn8truction or _aid utilities I:Ihall be &cco...plhhed in _ueh a ml!Ll'lner th&t the private illlprovl!'" !Dents existing in tM r1ght{I;:)-or.v~ I!hall not b~ dhturbed or d&m&p;ed, they vBl ;:! be replaced in a.s geod " condition U thcl vere immediately before the proplI!rt)' .-=' vas. li!'nterli!'d upon by the GrMtee. !! The Grantor shall fully use III1d enjoy the afored('s-:ribcd pre1llhes, indlldina: tue right to retsin the right. to UBI!! the surrace of said rleht-or-vay if lJucn ulSe {~ doe1 not lnteTrer~ Yith iTllStallathTl M1 m!lintenancl!! (Jf th~ utUities. Hovever. th(!' grant.or an .. ll not erect ~uilding8 or atructureB QY~r, unde~ or llcrOBS the r1ght-of-v~ during th~ existlf!nce of ou-=n utilities. Thh eant'lIIC'nt., shall be a covenant rwmins vi th the land Md shall bi!' bind- ing on the-Craotor. hill successorll. heirs &ll.d u.igns. Grantors covenant that they are the la.vful owners of thll! above proper·.Jes ILnd that they have .. good ~a1tfl+l r~t· to execute-ttli. agN'eMnt . . ~ i(" G ;'l,. -d ~j':' 2/,--;;d< .. ,27--~ j ____________ -'''''d, ___________ _ -----------------'''''.,------------------ STATE OF WASHINGTON ss COUUTr OF KIIG , I. the under'1I1sned ... ,\u1 Ilry public in IIIId for the State of Wuhington,h@rlltb), certify that on thh...,lLd"1 of r";~..,, c· 1975 personall,. appeared before me and k..·che.·t cd rO(IIer" and C1qr<'S[( t1 F(;,.,'ett ~d _________________ , ___________ _ ~d ;~7T~~~~~~~==~~--to IfI!! itnovn to be individua.!(s) deaerbbed in and .vho uecuted the foregoing ,.--J- instrument t and .cknovb~d that .1 . .-4.. lC ct., >ffl1t4~d d I!i Cl41iIfflJv..#..1 ~~,,(, signeLl &lld sealed the same u rree IIlId volUtltary 6ct &n~ d.eeo tor tbe Uln and purpole. therein mentione-•. ----- r-------------------~'"~.------------------------------~~~-----------~ \ " 1 5" ~~---~-- w l_;i_ o .. >-.. ;z ~ z -W N ~ -ID ... o'Of ~otI" c ~i~ .... .c .. zUlli: ...... ..c." a: " AI" l --[ -) a '" "" I OIBEe: :i1-IICCCROS l' EL[r:~ .(.',; ·"ING co. ""'N. ~1[1 " .-'( r--------------~_. ____________________ ~~~----__ , _______________________________ ~d, __________________________ ___ _____________________________ Mdl ________________________ __ ___________________________ Mdl ______________________ ___ hereinarter caller' "Grllllt.or(.}," and the CITY OF REJfTON ... Hunlclp"l Corpor&thm of King County. Wuhlngton, herftin.tter called "Onntl!l!." WITNESSETH: That said Crantor(s}t rOr &rid in condderaUon or the BUIll of *'=',,::~Q~US=~;;:--- '---==-:-:=='-'=:7""""7:=~peld by Crantllle. and other valuable consideratioD, dO_ by theu presenta. uant. bUlun, lell. eoaYe"~ &.ad warrant 1.Ulto the said Grantee, ita BUCCU1!lO~ and. uaigna. Ul e"eMnt. for public util1t1u (iaclucUag v.ter lOIS I!If!'vu) vitb De(!ell&1'7 appurteDUlC9. onT, thro'4b • .ere .. .ad upoc the tollOVlo& described propert)' lq JUne Co\l1t1. VuhlDCtoD, ..,N ~leular17 de'crlbed .. follows: n-E WEST 20 FEET OF THE EAST 25 FEET OF THAT PORTIOO OF Tt-£" r-4JRT11 HALF OF THE SOUTH HALF OF OOYfRH"ENT LOT 1, SECT ICN 32, T?ljN,' R5E, W.M., IN Klr-G CDLNT't, WASHJNGTCN, LYING WESTERLY OF PRII'ARY STATE HJG-WAY 1\0, 1, RENTrn TO Kf}.N"(Dl\LE (MA INTERSTATE 1.105), N40 LYING. SOUn-EIitLY OF A LINE ~IOi BEGINS AT A FOINT Ct< Tt£ EAST U"" OF SAlO G.L. 1 FROM »1ICH THE ~R1>1EAST COR>ER OF SAID G. L. 1 BEARS N 10 112'1311 E ?;:{;,8~ fEET N.lO Rt.m 'Tl1ENCE N 62°5Q'O~j" w TO ll-E SOtfTl.£ASTERlY ~IN OF L...AKE WASHINGTOO BOULEVARD, TOGfTHfR WI1>1 A TE/'f'ORARY ctt6TRUCTlCt< EASE>elT DESCRIBED AS: THE EAST ~5 FEET OF THAT FORTlCt< Of Tt£ 'llRTH HALF OF M SOUTH HAlF OF GOllEfNofNT LOT 1, SECTIt::N 32, T24N, R5E, W,M., IN KING CCXJ'-.TY, WASHlf'liTOO, ty·JNG WESTERLY OF PRIMM.,.. STATE HIGHWAY NJ. 1l, RENTCN TO KEtflYOI>li (AKA INTERSTATE 1105), JWO LYING S(XJTt£RLY Of A LI'-E htilCH BEGINS AT A POINT ON THE EAST l!t-£ OF SAID G.l. 1 FROM WHIOi THE f'VRlHEAST CO~R OF SAID G. l. 1 BEAAS N 10 42'13'1 E 986.85 FEET A"-lD RLNS THENCE N 62°59 1 05" 'If TO lrE SOUTHEASTERLY l'iARGIN Of l..PKE WASH1NGT~ BOULEVARD. :~I.l.id tell'lporlJ.!), construction e~ellient r;i1all rcmllin in force during cons~ruction Mrl :.mt:i1 s~ch ti:Tic as the utilities 'l11<l appurtennnces have been accepted !'or the open.lt.lon and mBint.enfillce by thf.:! (irl1llt..ee bUl nr"t lfller th!W I~Qvember 30, 1975. Said heretofore lIl@ntioned grantee, its. sUr.:"r.:"eYsors or assigns, sha.ll hll'le the right, without ryrior not1c~ or proce~ding at b:w I lit such times as lllay oe nl!Ce991lry 1.0 enter upon ~aid ab0\1e described property fol" the pUl"pOSE! of construct- ing, mBintalnin8. repairing, Illl.ering or reconstructing said utilities, or me.xing any connectiOJ\s tllerevith, vithout incurring any legal obligations at" liability therefore, :"'l pn .... ided. I.bat s'.lch canatruction. lIIaintaining. repairing, !I..ltl!r1ng or reconstruction "'¢ of add utilitiea shul be accomplhhed in auch a manner that the private improve- -=' mentl!! I!'.x.l&ting in the right(. )-of-va;( shall not be diBtW"b@d or d&maged. the), vill .1) be replaced in u good a condition u they w@re imllu!!!diately before the property ~ '11&8 I!ntered upon by the Grantel!. ,~' the r1::= ~~~~~:l~h~; ~:~ ~e Uli-:d t~:J~~r~:~e &~~r::~~c~~~~_~~~:!;e~f !~~~~~::I doe. tlot interfere vith instal' ... t!on &tid maintenanclt. of tht utilities, HOYever, the grantor shllLll not erect building, or at .. ructur~a over, under or I!lCrOS8 the Tight-Qr-v~ durlns the ed_tenee of such utilllies, This eaaement.. sha.ll be f1 covenant running vI tb the land and shall be bind- lng on the 'irlUltor. his aUCCI!IS80rl. heir. and u816"" Grantor!! covenant that tht!y art.' t.he lavful owners or tbe above properties and t.hat the), bave .. good ,lUId'?avrul :-isbt, t.o')executt.' thiS ~e_nt, ". _~ , 1,1 d .. ! f {, /J(' •. ' "T .... ..< hX-~'';~ 1\ /" ( __________________________ -A,~~4-~. ______________________ ___ _____________________________ ~d ________________________ ___ ____________________________ ~~d ________________________ ___ STATE or WASH1NGfOH ss COUNTY OF KlRG 1. the underalgned, a notary public in and for t.he Statlt of Washington,hereby ::~~~.? .!hat. on th1s~~ or r-"tj"".:Q, e-: 1915 personally appeared and rOD"t.4 G!'~t'rrt: and ('~j..?K<lr"f 41 (-"I!/(,,(ti Md, _________________________________________________ ___ and i.~~~~~~~~~~~~--to JIll! kIlOVTl to be Ind.ivlduaHe) dncrlbed io and who executed. the foregoing ~ in'ltrUlDl!nt., and aCUlowledged t.hat ,.t{4.ffi /4e.rrtl:l~C1~u/l1 ,;/04""C~.L.7 aigned &Dd aaiLlecl tbe lame U _______ tTee and voltmtary act t.nd deed fOT tbe uses and. PllJ'PO'" thereia. .. ntloned. / ~?\ -.. ~--:- )-~~. -:~~---._. -I--..•. w -----------~---~----~-~--~- ... ,r o " tiLED for RMord iI ReoueII II -~M\4,J!j~'{J1li !i]j Gr. T 8 I'll 2 I 4 C""CT<RoRICOIIca '0 IltCTfl'Jrn-l<'lNC co. WN. --OE/)lJTY ., .... -IlI"?Il'*t::' D P._ 1_-5' .110056 Jea 3·51 $10. 110.. tux PD 33-8'J ra the .. ter or ' .. n~17 ..... _ •• 2. ~ ..... .aal. 1<'1'1It ~. x..thr.SI ColAel!!i ~a)J "rc-"M tit .... U C"lMa ... to State ot ..... 1.:';0 ... II'p cy Iltd wrr to ai, ~h41 t'" 1. 1!W ~ll \:ht f)\' at a H .t Id t. lit htutt.r de. 1,.1. _d Mtal WWl,. .r •• ~a. .ra~ plw .ad .tat or 30 r~ •• ~,wh~" .... ure. at rt ... 1 •••• 4/,. 1".18117 tr_ the ..... 1' 11 ... u~,. .r ".-.:»Qr.r, ... Rod _ '" .... l"J at •• _ 10 I-A ~.""'do • • • .. oneMt*", ~ IW7 ..... Ita 7+6'.0 _ • ourn "a. r' wf,th • 1' .. 1 .... ·1.~5 tt t • ." '_1'8 IU • + 65.6 ~. hta-.r ... , t, or 1. 1. d r, • "ht p'-or Oft 1.0\ 1 •• e 31 !'p 2. arb5 ... 171 .. " .r 1It ~ .. ui.tt .. 80 • ..o4Il"J I'e_ .... '''' !h. 1" Mlach1a OJ •••• teta • t.-.1 area et 0.3 eo arl tbo .,..Uto _,,-11 ...... "1 ... 11 ot .... are to ate te ..... wlthl. tht 0 .... 1 •....... t1.tt. 1oeat1" .... r reo eed OIl 1'110 1. 'ilia .tt .t the J)1r ot .';. It ~,..,h •• l1li "'1"1 .. cae'. or llIPI'Oftl ,.~ 7-50 mi ••• 94-51 l't 1.1 \lMel"flt.oe ... I,I'M' tla, tM .. 1 .t tilts ... d 1. "" ha.red •• 'tat ". t.,.. aM "11 .. '1 .. hot lull aot h .... ~t .. l .... tIM l'ate .t Wa.' 1Ial ... aa' _tl1 aeeept"" 11M appr.,. •• ,,_ fa wr1U .. ter tho .sUh .t ... " ~ Dept of lfW)'a .. the rt .t "*7 _qr II Ace.pt.d aad appro •• _ 'hi8 J~a 11-5. ______ J~l ___________________________________ tB~. t " \. "10056-1 ...... "-tbrep Oew.e •• ZWWl'l te 111 tottal1 0-__ S ta tit at ... 11 DeP' .t ..,. ., "" I' at W., .ftlr kcsv .1q 3-52 b7 0..rS4 wt"rttj) 001 ... ad IIsr&u.r1h Jlltoh.ll c.._ Nt A.".Carr. :fr •• p tor 'v rea at U.U .... 011 \pr 17-53 ('ld ... ,t et 1fW7a, 01,..., "".h) (s) • ( 'I,., D !liar 16-';6 c 4673375 F~b 18-56 $10. &o~c In the 1'&Itter of Secondary State Highway 1.0. 2-A, R.nton to KtJjlny dble, Rob~ A. Fawcett and Claries8 M. Fawcett, hue & ~r to State or Washington A strip Dr land 250 tt wid., bing 125 rt wld. 00 each Bide ot' the center In ot secondary State Highway No. 2-A l1aot"Ll to Keeny,lllly, 8 II surveyed over a.,.:j acrO.8 the Jt roll Qwlnl, dellc Parcel "A"; except, that fr-o. HlghWQy Rngine~ d.H:a I'ICst;i0n 444t+l~.9 Sly to the S In ~r rJ(~ P.l\i'C"~ A, ::lei ()tl'll,! of land shaD be 275 ft wide, I belng 125 t't wide on the Ely ~lde of Bd Center In. PARCEL It A If : That por ut' iJJVer~:r.l!lnt • lot 1 In sec 32-24-5 E.W.14. dcr,c as folloWD: Deg at a pt on the Ely In of 3d Government lot 1, f;,Jm \~oh tiH' NE co." t.hor bell'S N 1·42f13" E III diet.nce 0f 093.80 r~; th S J"42113" W, Slg ~d Ely In. 340.55 rt to the Sg cor 'Jf 5d Guv<!rnment lotl; th N 88°48 1 58" w, aIg th. Sly In thor, 6Gi,3~ ft; th N 1"11 1 02" E 340.55 rt, 11'101'8 or IS39, to a pt rrom wch the pt or bt'g bears S 9B O UB'55" E; th S 88°48 T55" E 664.44 rt more Dr less, to the pt M beg, IIXC""pt that por lying Sly ot the rollowlag deelc 1.. In: Beg at a pt 11 rt N of the .cSE 001' of the above deso tt and runnIng th \./Jy 559 t't to a pt. d~Ch ' 1s 13 ft N ot the ::; ly In or thl tt hilreina bove deec; th SJI __ c_~~1Y.:.. 102 ft,...,more o~ ).ess, t.£.~ln the_ W1:; In of' the tt h.r~nabllve <116C W()'1 ; .. 11 rt !If of the Sly In or ed CHrnrnment ,I lot 1; !3o.:. .. ;;:oept CCJ. Road; ,,1tuati!! i.n tho Co. or Killg, <j .. te o. ~';;1 .t.e 11,1(11.' I.lng cyd her'ot" oonta!.il l?n .. roa of 2.09 80_ more or ',,;'1, 1"h~ t!Jp!)c1::'lc detlillS cl.:lcorning all of wch .. re to be . ° ",r,(! within tll,lt cortaln IIIlIp or definlte 10aClltlon now II)t rocordlSx lind on r11e In tho o~riotl or the Director or ftghways at Olympia lit b .. rlDg date or approval Apri 12, 19~5, H'1~.d ~ ,.b 7-56. AlBO, III the Orantorfl hlrln oy aad w to the Bp all I'lghtlS or l.ngreel6 and ogre!11!I (Including 1111 oxlltlng ruture or pot.nttal ea!lIntel of' aocco!!, ] tght. ;;iew and all') tv, rroll! and between aecondor,Y State HIghway No. 2-8 I H"nton to KonllY<1a10 !.Ind tne rauinO'F ot' 1>" .Paroo1 "A" It ill exp1"8BBly Int"ode(1 that thoft!' oovenanta, 11 burdens and restns ohal1 rUll with '.he land and roroyer ~1nd the grantors, thler heirs, BUC08900rw and 8ss1,., xcn 01< Ill] t 0 RP, Departo~nt or HlgnlfllYI!I, (IN) ---,~---------- rf- ~ rJ If\ " C!'I ~ 0'- \ cJ sl '-0 I ri- 4 '" 0 ~ S<1 "'" WfAAIIC .spu.E KCA5 DArlUf SURY£YOR'S CERTIFICATE: 16D 'TCT 111r, _~ r.-rw-r~~lly r~prr_"'.1 ., Jur~,y P><7r:I", III' _ tN""' ~ :'::';;;'1O;/7,,;a::.-;;;:::, ;:';::,~7O::~":'::Ir~;;r lINd .J. I*lranl: .v .. 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OWNER I009A ~ ", 'r-T;~;lNorthwest Archaeological Associates, Inc. , 1 Cultural Resources Management Services ( C)41H LOth Avenue :JW, Suite 200, Seattle, \VA 98107 March 19, 2007 Jim Hanson 17446 Mallard Cove Lane Mt. Vernon, WA 98274 DEVELOPMENT PLANNING em OF RENTON JUN - 9 2008 RECEIVED Re: Cultural Resources Review for the May Creek Development, King County, Washington Mr. Hanson, Per your request, Northwest Archaeological Associates, Inc (NWAA) has reviewed the above referenced project for its potential to affect cultural resources. The review consisted of checking site and survey records at the Washington State Department of Archaeology and Historic Preservation (DAHP); King County Historic Preservation Office; Renton Historical Museum; and University of Washington Libraries. NWAA also reviewed early maps for roads, trails, structures and changes to the natural environment. The following sections summarize the natural and cultural history of area and concludes with a probability estimate for cultural resources within the project area and recommendations for identifying potential resources. Project Description and Location The proposed May Creek Development (parcel 3224059081) will be a single-family residential development located in north Kennydale approximately two miles north of Renton, Washington in Section 32 of T. 24N., R. 5E., Willamelte Meridian (Figure 1). The parcel consists of five acres located near the outlet of May Creek along the east shore of Lake Washington between 1- 405 and Lake Washington Boulevard (Figure 2). The proposed development will consist of 10 to 12 lots that will be constructed along the hillside immediately south of May Creek. A 50-foot buffer will be maintained along May Creek and deSignated wetlands will be avoided during construction. The property north of May Creek (parcel 3224059043) will be left as open space. Environmental and Cultural Background While most of the parcel (forested hillside) has probably remained relatively unchanged for some time, the May Creek delta and vicinity has experienced profound changes during the pre- contact, ethnographic and historic time periods. Prior to the completion of the Lake Washington Ship Canal in 1916, the level of Lake Washington was approximately nine-feet higher than it is today. The mean water level of Lake Washington also fluctuated by as much as seven feet over time due to changes in hydrology and tectonic events that affected the lake's outflow near Renton (Chrzastowski 1983). Earthquakes during the past 7000 years have triggered underwater slumping, landslides, ground elevation changes, and tsunamis. Tel: (206) 781-1909 Fax: (206) 781-0154 Email: mshong@norlhwestarch.com Cultural Resources Review for the May Creek Development l. ~j r/-:.~~ ./ ' \ .......... - ') \/ Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION 2 . v,~~.? lkv.t=n· r ,~: '.f •• ' r.'? . March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources J?evJew for the May Creek Development Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION Figure 2. Air p March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development 4 A massive earthquake on the Seattle Fault 1100 years ago caused a forested hillside on the southeast corner of Mercer Island to slide into Lake Washington (Atwater and Moore 1992). This landslide, located just west of the project area, likely produced large waves that washed over the May Creek delta. Changes to Lake Washington's shoreline are illustrated in an early newspaper article written for the Town Crier. Carter (1917) stated that after Lake Washington was lowered, a muddy delta was exposed at the mouth of May Creek. Carter reported that the previously submerged landform was covered with tree stumps worn smooth to the ground level. Carter also noted evidence of ancient campfires, or cooking features along the former shoreline evidenced by piles of rocks "cracked and broken by fire" in association with "charcoal in a perfect state of preservation." The project is within the traditional territory of the Duwamish, a Whulshootseed-speaking people who occupied villages along Elliot Bay, Salmon Bay, Lake Washington and along the Duwamish, Black and Cedar rivers. Duwamish settlements were loosely connected through social and political alliances. The Duwamish also maintained close relations with neighboring groups including the Snoqualmie, Suquamish, Puyallup and people living on the upper Green and White rivers (Ballard 1951; Smith 1940). The XaYco'abc, or "Lake Indians' maintained a separate identity from the Duwamish-proper, whose primary villages were located along the Black and Cedar rivers in Renton (Ballard 1929; Smith 1940). The Lake-Duwamish village Cbaf'f', a permanent settlement with at least two houses, was located at the mouth of May Creek immediately north of the project area. The Whulshootseed place name is roughly translated to "place where things are dried,' or "dry house.' Duwamish informants in the early 20" century indicated that great quantities of red fish were taken at this point (Waterman ca. 1920). The term "red fish" is a reference to sockeye salmon taken annually at this spot, probably by means of traps and weirs. The harvested fish were cooked and dried on racks for immediate consumption, or prepared for winter storage in cedar plank smokehouses (Smith 1940). The marshy setting at May Creek would also have been ideal conditions for wapato, or Indian potato, an important food resource of the Duwamish and other indigenous groups. The Lake Indians were considered part of the larger Duwamish Tribe by the U.S. Government and were subsequently assigned to live on the Port Madison Indian Reservation as a condition of the Point Elliot Treaty of 1855 (Ruby and Brown 1992). The inhabitants of Cbaf'f' probably occupied their village for several years after 1855, however the pressure from Indian agents to relocate to reservations combined with the influx of Euroamerican settlers prompted Cbaf'r to be abandoned sometime before 1864. U.S. Government surveys in 1864 and 1865 recorded an Indian Village on the Black River in Renton, however no village is recorded at May Creek, suggesting the inhabitants of Cbal'f' had moved to reservations, or had settled elsewhere by this time. In 1875 James and Clarissa Colman purchased a 160-acre homestead bisected by May Creek from Jeremiah Sullivan, who had acquired the property from the U.S. government several years earlier (Fawcett 1979; McDonald 1979). The Colman's built a house where they lived with their four children until his death in 1886 (McDonald 1979). Clarissa maintained ownership of the property after James' death, however the property remained unused for several years. The Clarissa Colman diaries make several references to Indians hunting, fishing and canoeing in the vicinity of May Creek suggesting the area remained an important destination for the local indigenous population (Coleman 1890). In 1903 the Northern Pacific Railroad acquired a right- of-way through the Colman property and two years later constructed a spur line connecting the town of Woodinville with Renton. Five stations were constructed along the spur line including Northwest Archaeological Associates Inc. CONTAINS CONFIDENTiAl INFORMATION March 19, 2007 NOT FOR GENERAl DISTRIBUTION Cultural Resources Review for the May Creek Development 5 one at May Creek (Bowden et al. 1997). Beginning in 1908 the Colman's began selling off parts of the family homestead including parcels that would eventually become the Reilly Tar and Chemical Corporation, Sound Timber Company and the Barbee Mill. Residential lots were also sold including the Garden of Eden Tracts, which later became Kennydale (McDonald 1979; Slauson 1976). Historic Map Review A review of historic and contemporary maps show significant changes to the lower May Creek vicinity including an expanded delta, changing stream course, and increasing development. The first govemment survey of the area in 1864-1865 recorded an Indian trail connecting the mouth of Honey Dew Creek (May Creek) to the confluence of the Cedar and Black River in Renton (another Duwamish village site) (Figure 3). The trail was part of a larger system that connected the Duwamish with interior Salish and Sahaptin-speaking peoples of the Plateau. The 1902 Geodetic Survey map shows a large marsh at the mouth of May Creek and a homestead including two buildings, plowed fields and a dock within and adjacent to the project area (Figure 4). It is unclear if this is the original Colman homestead. The 1920 Army Corps of Engineers map shows that the May Creek delta and shoreline expanded by 300 to 600 feet after the lake was lowered in 1916. Historic maps produced between 1864 and 1920 show May Creek meandering within 200 feet of its historic channel, however by ca. 1940, the creek had been channelized 500 feet to 1000 feet south of its historic course. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development Modern May Creek (derived from USGS Quad.) 6 United Stales Coast & Geodetic Survey Topographk: Sheet T-2608; • East Shore of lake 'N:tshlngton, Meydenbaoer Bay to May Creek. ,J '" ER~~E3~§~E3~~meters f3 Fa E3feet a 100 500 1I!, Washington, 1902; $aM: 1:10,000 Figure 4. US Coast & Geodetic Survey T -Sheet, 1902, showing the historic shoreline and course of May Creek, and structures within the project ares. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATtON March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultuml Resources Review for the May Creek Development Previous Archaeological Investigations Because most property along Lake Washington is privately owned, few cultural resources studies have been conducted along the lake. Consequently, no pre-contact archaeological site has ever been recorded along Lake Washington, despite numerous ethnographic and historic references to Duwamish Indian villages along the shoreline. Several pre-contact archaeological sites have been recorded in the town of Renton, three miles south of the project, spanning the time period between ca. 1860 and 400 AD (Chatters 1981, 1988; Lewarch 2006). Several anecdotal accounts of Native American artifacts have been noted within one-mile of the project including a report of two red-jasper projectile points found on the beach on the southeast side of Mercer Island (King County 1978). Additionally, a local resident stated that Native American artifacts, including glass trade beads, were found near May Creek during construction of 1-405 and that the University of Washington (UW) investigated the discovery (Paul Draviand, personal communication 2007). An inquiry with the UW confirmed that a collection of glass beads, a button and several other items were collected from a burial between Renton and Bellevue along Highway 2-A (now 1-405) during construction. The items were collected by a local resident and subsequently given to Douglas Osbourne at the Burke Museum (Laura Phillips, personal communication 2007). Several archaeological surveys have been conducted within approximately one-mile of the project, however none have identified significant cultural resources. Lorenz (1976) conducted a survey for a sanitary sewer line extension along May Creek which terminated at the junction of May Creek and 1-405. Archaeological and HistOrical Services conducted two surveys in the area including a proposed park-and-ride in northeast Renton (Robinson 1983) and a survey of SR 900 in the upper May Creek Valley (Robinson 1990). Murphy (2003) monitored a 2000 foot- long stormwater pipeline along Lake Washington located just north of the project area, however no significant cultural material was observed. Table 1. Cultural Resources Surveys Within Approximately One-Mile of the project. DATE AUTHOR TinE LOCATION 1976 Lorenz, Thomas Archaeological Assessment, Anny Corps of Engineers, Permit No, 071-0YB-1-0.1 mile east 002916. Phase I, May Creel<. Inter<:eplOf. METROlKing County Water Oistrict 1983 Robinson, Joan An Archaeological Reconnaissance of the Renton Highlands Park and Ride Lot, 1.8 miles SE Renton, Washington 1990 Robinson, Joan A cuttural Resources Survey of SR 900: Junction SE may VaUey Road, King County 1.6 miles Washington east 1997 Bowden, Bradley Cultural Resource Assessment JAG Development, King County, Washington 50 reet north 2003 Murphy, Laura Final Ripley Lane Pipeline Excavation Project (CIP#200799) Archaeological Resour<:es 0.75 mile NE Monitoring The closest and most comprehensive cultural resources assessment was conducted immediately north of the current project area. Bowden et at. (1997) conducted a survey for the JAG development, a proposed 60-acre mixed-use complex located immediately north and west of the project on properties including the former Barbee Miff, Pan Abode Cedar Homes, Port Quendal Log Yard and Baxter Property. At the time of the survey, approximately 90% of the JAG development project area was not available for inspection as it was either paved, or contained existing structures. The remaining 10% of the property was shovel tested to depths reaching approximately one-meter (three feet). Fill, ranging between 30-90 cm (1-3 feet) thick, was encountered in 10 of the 12 excavated shovel probes and four of the probes were terminated before native sediment was encountered. A single fire-modified rock was encountered in a probe excavated on the Pan Abode Cedar Homes property located Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19. 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development approximately 500 north of the project and represents the only evidence of Native American activity encountered during the investigation (Bowden et al. 1997). Field Reconnaissance 8 Field reconnaissance was conducted on February 26"', 2007. The intent of the field visit was to gage the potential for cultural resources within the project area. At the time of the survey the parcel was heavily overgrown with Himalayan blackberry, however several paths were cleared through the vegetation by surveyors hired by the project proponent No pre-contact, or historic cultural resources were observed during the brief field visit, however no subsurface testing was employed. The project area is dominated by gently sloping to steeply sloping topography with some level areas adjacent to May Creek. Channelization of May Creek is evident from a large, gravel spoils pile along the southern margin of the creek. The near-surface sediments were observed in the stream bank, tree tips, and in rodent burrows and consist of approximately 30 cm (12- inches) of coarse sand overlying dense gravels. Cottonwood and red alder dominate the creek margin while some cedar, fir, and big-leaf maple occur along the hillside. The understory is dominated by Himalayan blackberry, sword fern, salmonberry, and tall grass (Figure 5). Skunk cabbage was observed within deSignated wetlands in the central and eastern portions of the property. A small clearing (area void of large trees) was observed in the western half of the parcel and corresponds to the location of a building shown on a 1902 map. Three very old fruit trees were observed just west of the clearing supporting map references indicating the project parcel encompasses part of an old homestea~ssibly the Colman homestead. Figure 5. Overview of the project area showing vegetation and typical conditions; view to the north. Northwest Archaeological Associates Inc. CONTAINS CONFIDENnAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION :';ultural R1Isoun;es Review for the May Creel< Development 9 Conclusions and Recommendations The proposed May Creek Development project area has a moderate to high probability for pre- contact cultural resources based on the natural setting and proximity to a Native American village site. The western half of the project has the highest potential for pre-contact cultural resources based on the gentle slope and proximity to lake Washington. The sloping landform would not have been ideal for long-term habitation, however activity areas associated with the former village of CbBf'1" could be present. Activity areas could be represented by concentrations of fire-modified rock and charcoal-stained sediments. Isolated artifacts, or concentrations of artifacts could also be present and may include projectile points, edge modified cobbles and flakes, lithic waste flakes and adze blade fragments. Native American burials are also possible based on the proximity to Cbat'1" and because the area may have offered the closest high-ground. The project area also has a high probability for historic cultural resources based on earty settlement and historic maps showing buildings within and adjacent to the parcel. Expectations for historic cultural resources within the project parcel include refuse pits and privy middens (abandoned outhouses). These features can contain historic artifact assemblages that are considered significant under Federal criteria and can contribute to the understanding of historic settlement in the region. Based on the high probability for both pre-contact and historic cultural resources it is strongly recommended that a cultural resources assessment be conducted prior to construction. The most efficient and cost-effective means of identifying significant cultural resources would be through mechanical exploration of western half of the project. Please be advised that cultural resources are protected under the Archaeological Sites and Resources Act [RCW 27.53) which prohibits excavating or disturbing prehistoric and historic archaeological sites on public or private land and the Indian Graves and Records Act [RCW 27.44) which prohibits destroying American Indian graves and provides that inadvertent disturbance through construction or other activity requires re-interment under supervision of the appropriate Indian tribe. I hope this letter sufficiently addresses your needs for determining the potential for cultural resources within the proposed May Creek Development project area. Please do not hesitate to contact me or Chris Miss with any questions or concerns regarding this letter, or the recommendations made herein. Sincerely, Michael Shong Staff Archaeologist Cl{~··)h~ t,: ~L~ Christian J. Miss Principal Investigator Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19. 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development References Cited: Atwater, Brian and A. L. Moore, 1992 A tsunami about 1000 years ago in Puget Sound, Washington: Science, v. 258, no. 5088, pp. 1614-1617. Ballard, Arthur Condie! 1929 Mythology of the Southem Puget Sound. University of Washington Publications in Anthropology 3(2):131-150. University of Washington Press, Seattle. 10 1951 Deposition on Oral Examination of Arthur Condict Ballard, November 26,27,28, 1951, Seattle, Washington. Before the Indian Claims Commission of the United States: The Muckleshoot Tribe of Indians on Relation of Napoleon Ross, Chairman of the General Council, Claimant, VS. The United States of America, Defendant. Bowden, Bradley, Leonard Forsman, Lynn Larson, and DenniS Lewarch 1997 Cultural Resource Assessment, JAG Development, King County, Washington. Submitted to CNA Architecture, Bellevue, WA. , Prepared by LAAS,Ltd, Seattle, WA. Technical Report #97-7 (R) 2 copies. Buerge, David 1984 Indian Lake Washington. Published in the Seattle Weekly, August 1st, pp. 29-33 Carter, M. J. 1917 Lake Washington's New Beach Line. Town Crier April 14, 1917 Chatters, James 1981 Archaeology of the Sbabadid Site, King County. Washington. Office of Public Archaeology. Institute for Environmental Studies, University of Washington 1988 Tualdad Altu: A 4"' Century Village on the Black River, King County, Washington. Report prepared for First City Equities. Seattle by Office of Public Archaeology, Institute for Environmental Studies, University of Washington. Chrzastowski. Michael 1983 Historical Changes to Lake Washington and Route of the Lake Washington Ship Canal. King County. Washington. Water Resources Investigation Open-File Report 81-1182. Colman, Clarissa c. 1890 The Colman Diaries. Excerpts from the diaries between 1888 and 1890. Provided courtesy of the Eastside Heritage Center, Bellevue Washington. Dravland, Paul 2007 Personal communication. Phone conversation with Mr. Dravland (Renton resident) on February 26'" regarding a report of Native American artifacts found near May Creek during construction of 1-405. Fawcett, Clarissa M. 1979 Colman Family History. Letter from Clarissa Fawcett to the Renton Museum on March 3"'. On file at the Renton Historical SOCiety. Renton. Washington. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19. 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development King County 1978 King County historic database reference number 01011. Report filed by Hal Kennedy of local resident finding two "red stone" projectile points on the southeast side of Mercer Island. Lewarch, Dennis 11 2006 Renton High School Indian Site (45KI501) Archaeological Data Recovery, King County, Washington. Submitted to Renton School District No. 403 by Larson Anthropological Archaeological Services, Gig Harbor, Washington. LAAS Technical Report #204-11 Lorenz, Thomas H. 1976 Archaeological Assessment, Army Corps of Engineers, Permit No. 071-0 YB-1-002916, Phase I, May Creek Interceptor, METRO/King County Water District. Leiter submitted October 13"', to Moore, Wallace and Kennedy, Inc., Seattle by the Office of Archaeology and Historic Preservation. McDonald, Lucile 1979 The Lake Washington Story. Superior Publishing Company, Seattle. Murphy, Laura and Lynn Larson 2003 Final Ripley Lane Pipeline Excavation Project (CIP#200799) Archaeological Resources Monitoring. Prepared for Parametrix Inc., by Larson Anthropological Archaeological Services Gig Harbor, Washington. Phillips, Laura 2007 Personal communication. Email correspondence with Ms. Phillips (Collections Manger at the UW Burke Museum) on March 1" and 15"' regarding the possibility of an archaeological investigation near May Creek by the UW. Robinson, Joan M. 1983 An Archaeological Reconnaissance of the Renton Highlands Park and Ride Lot, Renton, Washington. Letter submitted October 5th to Mr. Doug Murdock, Washington Department of Transportation by Archaeological and Historical Services, Cheney. 1990 A cultural Resources Survey of SR 900: Junction SE may Valley Raod, King County Washington. Prepared fro the Washington Department of Transportation, Seattle by Archaeological and Historical Services, Cheney. Ruby, Robert H. and John A. Brown 1992 A Guide to the Indian Tribes of the PacifIC Northwest (Revised). University of Oklahoma Press, Norman and London. Smith, Marian W. 1940 The Puyallup-Nisqually. Columbia University Contributions to Anthropology, Volume 32. Columbia University Press, New York. Slauson, Morda 1976 Renton, From Coal to Jets. Published by the Renton Historical Society, Renton. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION Cultural Resources Review for the May Creek Development 12 United States Coast and Geodetic Survey 1902 Topographic Sheet T-2608; East Shore of Lake Washington Meydenbauer Bay to May Creek, Washington. United States Surveyor General 1864 General Land Office Map, Township 24 North, Range 5 East, Willamette Meridian. Washington State Department of Natural Resources, Olympia 1865 General Land Office Map, Township 23 North, Range 5 East, Willamette Meridian. Washington State Department of Natural Resources, Olympia Waterman, T.T. c. 1920 Puget Sound Geography. Original Manuscript from T.T. Waterman. Edited by Vi Hilbert, Jay Miller, and Zalmai Zahir 2001. Lushootseed Press, Zahir Consulting Services, Federal Way, Washington. Northwest Archaeological Associates Inc. CONTAINS CONFIDENTIAL INFORMATION March 19, 2007 NOT FOR GENERAL DISTRIBUTION , AFTER RECORDING RETURN TO: Rob-Clarissa Partnership, L,L.P. Attn: Greg Fawcett 4318 Preston Fall City Road SE PO Box 940 Fall City, WA 98024 DEVELOPMENT PLANNING CITY OF RENTON JUN -9 2008 RECEIVED Reference Number of Related Document: N/A Grantor(s): Rob-Clarissa Partnership, L,L.P., a Washington limited liability partnership Grantee(s): The Public Abbreviated Legal Description: Por. Gov!. Lot 1, Sec. 32, Twp. 24 N, Rng. 5 E, W.M., in King County, Washington. Additional Legal Description is on Exhibit A attached to this Document Assessor's Property Tax Parcel or Account No.: 322405-9081 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS EASEMENTS & RESTRICTIONS FOR LAKE WASHINGTON VIEW ESTATES Developer, as the owner in fee of real property legally described in Exhibit A attached to this Declaration ("Property"), hereby covenants, agrees and declares that all of the Lots and Common Areas within the boundaries of the Property and all houses, structures and other improvements constructed on or within the Property are and will be held, sold and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property for the benefit of all of the Lots and their owners. The covenants, restrictions, reservations and conditions contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the Lots and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot, and upon their respective heirs, successors and assigns. This Declaration and its exhibits consists of 24 pages, including these title pages. DEVELOPER: ROB-CLARISSA PARTNERSHIP, L.L.P. By: Greg Fawcett Title: Date: ________ , 2008 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Greg Fawcett is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Rob-Clarissa Partnership, L.L.P., a Washington limited liability partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated this __ day of _______ , 2008. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at _____ _ My Commission expires: ____ _ [Seal or Stamp] TABLE OF CONTENTS ARTICLE ONE: DEFINITIONS .......... . . ............. 1 ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION. ............................ . ...... 2 Section 2.1: Development Period.. . ...... 2 Section 2.2: Purpose of Development Period. . .................. 2 Section 2.3: Authority of Association After Development Period. ................... . ....... 3 Section 2.4: Delegation of Authority... ................... . .................................... 3 ARTICLE THREE: MEMBERSHIP ..... . ............... 3 ARTICLE FOUR: VOTING RIGHTS ..... 3 ARTICLE FIVE: PROPERTY RIGHTS IN COMMON AREAS .. . ... 3 ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES....... . .. 3 Section 6.1: Standard of Maintenance -Common Areas ........................... . .... 3 Section 6.2: Standard of Maintenance -Lots and Planting Strips ..................................... 3 Section 6.3: Remedies for Failure to Maintain .................. . ...... 4 Section 6.4: Common Expenses ................. . ..... ..4 ARTICLE SEVEN: ASSESSMENTS ... Section 7.1: Types of Assessments .. Section 7.2: Determination of Amount. . Section 7.3: Certificate of Payment... Section 7.4: Special Assessments ..... . Section 7.5: Fines Treated as Special Assessments. ARTICLE EIGHT: COLLECTION OF ASSESSMENTS .. Section 8.1: Lien -Personal Obligation. Section 8.2: Delinquency .................................................. . Section 8.3: Suspension of Voting Rights Section 8.4: Commencement of Assessments .. Section 8.5: Enforcement of Assessments. ARTICLE NINE: BUILDING, USE AND ARCHITECTURAL RESTRICTIONS ................................ . Section 9.1: Development Period .. Section 9.2: Authority of ACC After Development .... Section 9.3: Delegation of Authority of ACC .. . Section 9.4: Appointment of ACC ............................ . Section 9.5: Approval by ACC Required .. Section 9.6. Temporary Structures Prohibited. Section 9.7: Nuisances .... Section 9.8: Limitation on Animals .................. . Section 9.9: Limitation on Signs .. Section 9.10: Completion of Construction Projects .. Section 9.11: Unsightly Conditions. Section 9.12: Antennas, Satellite Reception .... . ................... 5 ..5 . ..................................... 5 ............ 5 . .... 5 . .......... 5 . ...................................... 5 . ....................................... 5 . ..... 6 ............ 6 . .............. 6 . ....................................... 6 .. .... 6 .. ......... 6 .. ........ 6 .. ............ 7 .. .................... 7 . ...................................... 7 . ..................................... 8 .................... . ....... 8 . ........................................ 8 .. ............ 8 . ....................................... 9 .. ....................... 9 . ...................................... 9 Section 9.13: Setbacks. ........ . ......................................................... 9 Section 9.14: Roofs.. ........................ . ........ 9 Section 9.15: Minimum Size.. ...................................... . ........ 9 Section 9.16: No Manufactured Housing. ............ .............. . ............ 9 Section 9.17: Fences. Walls ........................ . .. 9 Section 9.18: Residential Use Only: Home Businesses Limited ................................ 9 Section 9.19: Underground Utilities Required ....... 10 Section 9.20: Parking of Vehicles ................... 10 Section 9.21: Enforcement ................................................................................................. 10 Section 9.22: View Presentation ........ 11 ARTICLE TEN: Easements ...... ...................................... . ....... 11 Section 10.1: Easement for Encroachments.. . ...................... . ..... 11 Section 10.2: Easements on Exterior Lot Lines.. . ............................... 11 Section 10.3: Association's Easement of Access. ............................ ................... .. 11 Section 10.4: Easement for Developer. . .................. ...11 ARTICLE ELEVEN: Mortgage Protection Section 11.1: Mortgagees ....................................... . Section 11.2: Liability Limited .. .. Section 11.3: Mortgagee's Rights During Foreclosure. Section 11.4: Acquisition of Lot by Mortgagee .. Section 11.5: Reallocation of Unpaid Assessment. . Section 11.6: Subordination ..... Section 11.7: Mortgagee's Rights ..................................... . Section 11.8: Limitation on Abandonment of Common Areas. ...... 12 .. .......... 12 .. .......................................... 12 .. ............ 12 ..12 . ............................. 12 .. ... 12 .. .... 12 .. .................................. 12 Section 11.9: Notice ....................................................................... . .. .... 13 ARTICLES TWELVE: MANAGEMENT CONTRACTS.. . ....... 13 ARTICLE THIRTEEN: INSURANCE. .. ................................................. 13 Section 13.1: Coverage.... ................... . ....... 13 Section 13.2: Replacement, Repair After Loss. .. .................................................... 13 ARTICLE FOURTEEN: RULES AND REGULATIONS .. . ............................................ 14 ARTICLE FIFTEEN: REMEDIES AND WAIVER .. .. .... 14 Section 15.1: Remedies Not Limited... .. .................. .. .. .............................. 14 Section 15.2: No Waiver. ............................................................ . ................... . ..... 14 ARTICLE SIXTEEN: GENERAL PROVISIONS .. 14 Section 16.1: Singular and Plural. ..................................... 14 Section 16.2: Severability.. ............................................ .. ......... 14 Section 16.3.: Duration. .. ........................................................................ 14 Section 16.4: Perpetuities.... .................. .................. .. ........ 15 Section 16.5: Attorney's Fees, Costs and Expenses. .. ........................................ 15 Section 16.6: Method of Notice. .................. .. ................................... 15 Section 16.7: Enforcernent of Declaration .......................................................................... 15 Section 16.8: Successors and Assigns ............ 15 Section 16.9: Exhibits .................................................. 15 ii ARTICLE SEVENTEEN: AMENDMENT AND REVOCATION .". . .................. 15 Section 17.1: Exclusive Method ........................ . . .............. 15 Section 17.2: Amendment by Developer. ..... . . ......... 15 Section 17.3: Voting ..... . . .. 15 III DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE ONE DEFINITIONS For purposes of this Declaration, the Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in Section 9.4. 2. "Articles" shall mean the Association's Articles of Incorporation and any amendments. 3. "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall mean the those portions of the Property in which the Association has been granted, or hereafter will be granted, an ownership interest, easement, lease or other right of control. by written instrument or by delineation on the Plat. The Common Areas established as of the date hereof are depicted on Exhibit B attached hereto. 7. "Common Expenses" are defined in Section 6.4. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements & Restrictions. 9. "Developer" shall mean Rob-Clarissa Partnership, L.L.P., or any persons or entities to which it assigns its rights as Developer, or succeeds to its interest. 10. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the Lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period. 11. "Lot" shall mean any legal lot shown on the face of the Plat and any legal lot created from time to time by a legal subdivision of any portion of the Property, boundary line adjustment or otherwise, but excluding all Common Areas and those roads, streets and other land or improvements within the Property that are dedicated to the public. The Lots established as of the date hereof are depicted on Exhibit B attached hereto. 12. "Member" shall mean every person or entity that holds a membership in the Association. 13. "Mortgage" shall mean any first lien mortgage or first lien deed of trust deed encumbering a Lot and given for the purpose of funding the construction, purchase and/or improvement of a Residence and/or a Lot. 14. "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a Mortgage. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Plat" shall mean the recorded Plat of recorded under King County Recording No. , and any amendments, corrections or addenda thereto subsequently recorded. 18. "Property" shall mean that certain land legally described on Exhibit A attached hereto and such additions thereto as hereafter may be subjected to the terms of this Declaration. 19. "Residence" shall mean the house or other principal residential building located on a Lot. 20. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument or transfer such as a deed or real estate contract. 21. "Structure" shall mean any Residence, building, fence, wall, driveway, patio, garage, storage shed, carport, mailbox, swimming pool, barbecue pit, rockery, dog run or any other structure or improvement of comparable scope or scale to the any of the foregoing. ARTICLE TWO MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section 2.1: Development Period. During the Development Period, the Association, the ACC, and all Common Areas shall, for all purposes, be under the management and administration of the Developer. During the Development Period, the Developer shall appoint the three (3) directors of the Association, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint Members to such committees or positions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the Members as the Developer determines, for such time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion. Section 2.2: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Property and the Association will 2 be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the Developer's completion of construction of Residences, Section 2.3: Authority of Association After Development Period. At the expiration of Developer's management authority, the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Nine below. Section 2.4: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. ARTICLE THREE MEMBERSHIP Every person or entity who is an Owner agrees to be a Member of the Association by acceptance of a deed for its Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws. ARTICLE FOUR VOTING RIGHTS Members shall be entitled to one vote for each Lot owned by it. No more than one vote may be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws. Members' votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE PROPERTY RIGHTS IN COMMON AREAS The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on the Common Areas, subject to any restrictions delineated on the Plat. The Association shall have the exclusive right to use and manage the Common Areas in a manner consistent with the Plat, this Declaration, the Articles and the Bylaws. ARTICLES SIX MAINTENANCE AND COMMON EXPENSES Section 6.1: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and landscaping practices and in compliance with all applicable codes and regulations. Section 6.2: Standard of Maintenance -Lots and Planting Strips. Each Owner hereby covenants and agrees to maintain its respective Lot, the Structures located on its Lot and any planting strip 3 located between the street and sidewalk adjacent to its Lot in the same condition as a reasonably prudent homeowner would maintain such person's own home and property so that the Lot and the Structures located thereon will reflect a high pride of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on its Lot. Section 6.3: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or the exterior of the Structures located thereon on accordance with the requirements of Section 6.2 above, the Association may notify the Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non- performing Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Eight below. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs perfomned by the Association, if not paid for by the Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Owner the thirty (30) day notice. Section 6.4: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Owners and shall be referred to as ·Common Expenses." The Common Expenses shall be paid by the Association from funds collected from assessments paid by Owners. The Common Expenses shall include, but shall not be limited to, the following: a. The real property taxes levied upon the Association for the Common Areas; b. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; c. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, signs, lights, fences, walls, street signs, open space tracts, plantings and landscaping (if not maintained by applicable governmental jurisdictions); d. The cost of maintaining and operating street lighting for the Property; e. The cost of maintaining landscaped street borders or parking strips in which the Association holds an easement; and f. Any other expense which shall be designated as a Common Expense in this Declaration or from time to time by the Association. 4 ARTICLE SEVEN ASSESSMENTS Section 7 l' Tvpes of Assessments. Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association. Section 7.2: Determination of Amount. The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer, without the consent of the Developer. The Association may create and maintain from assessments a reserve fund for replacement of those Common Area improvements that can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts. Section 7.3: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section 7.4: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds of the Members. Section 7.5. Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Eight below. ARTICLE EIGHT COLLECTION OF ASSESSMENTS Section 8.1: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. 5 Section 8.2: Delinguency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Owner hereby expressly grants to the Association or its agents, the authority to bring all actions against each Owner personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The lien arising under this Section may be enforced judicially by the Association or its authorized representative in the manner set forth in RCW 61.12, or nonjudicially in the manner set forth in RCW 61.24 for nonjudicial foreclosure of deeds of trust. 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. For the purpose of preserving Association's nonjudicial foreclosure option, this Declaration shall be considered to create a grant of each Lot in trust to Pacific Northwest Title Company of Washington, Inc., or its successors or assigns ("Trustee"), to secure the obligations of each Owner ("Grantor") to the Association ("Beneficiary") for the payment of Assessments. Grantor shall retain the right to possession of Grantor's Lot so long as Grantor is not in default of an obligation to pay Assessments. The Trustee shall have the power of sale with respect to each Lot, which becomes operative in the case of a default in a Grantor's obligation to pay Assessments. The Lots are not used principally for agricultural or farming purposes. Section 8.3: Suspension of Voting Rights. In the event any Owner shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the ASSOCiation, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Owner's right to vote as a Member shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Owners as may be provided in the Articles, Bylaws or this Declaration. Section 8.4: Commencement of Assessments. The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale, the Developer may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association. Section 8.5: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Section 16.5. ARTICLE NINE BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section 9.1: Development Period. The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right 6 shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association. Section 9.2: Authority of ACC After Development. At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration. Section 9.3: Delegation of Authority of ACC. The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section 9.4: Appointment of ACC. There shall be three members of the ACC, chosen in the manner described in the Articles and Bylaws. At least two of the three members of the ACC shall also be on the Board of Directors. The Board shall appoint the members of the ACC. If the Board fails to appoint the members of the ACC, or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section 9.5: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no Structure shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such Structure have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any Structure including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. The following provisions apply with respect to obtaining the approval of the ACC: a. Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board, or at such other address as is designated by the Board by written notice to the Owners. b. Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all interested parties upon request. 7 c. Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the ACC for review. f. Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. g. Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. h. No Liability. The ACC, its agents and consultants shall not be liable to the ASSOCiation, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section 9.6. Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any other Structure of a temporary or moveable character erected or placed on a Lot shall at any time be used as living quarters except as specifically authorized by the ACC. Section 9.7: Nuisances. No noxious or undesirable thing, activity or use of any Lot shall be permitted or maintained. If the ACC shall determine that a thing, activity or use of a Lot is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 9.8: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to 8 minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section 9.9: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot, except one sign, not to exceed 24 inches x 24 inches, advertising the Lot (where posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot, the right to maintain upon the Property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or the Developer. Section 9.10: Completion of Construction Projects. The work of construction of all Structures shall be pursued diligently and continuously from commencement of construction until the Structures are fully completed and painted. All Structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Residence, and rear yard landscaping must be completed within two (2) years of completion of a Residence. Except with the approval of the ACC, no person shall reside on any Lot until such time as the Residence to be erected thereon in accordance with the plans and specifications approved by the ACC has been completed. Section 9.11: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris, inappropriate, broken or damaged furniture or plants, nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items. No awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Residence or other Structure unless prior written approval shall have been obtained from the ACC. Section 9.12: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Lots with ACC approval of the location of the satellite dish in the manner described in Section 9.5. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Section 9.5, and a showing by the Owner that such installation will be substantially shielded from view of the residents traveling upon streets located on the Property. Section 9.13: Setbacks. No Residence or other building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Property. Section 9.14: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. Section 9.15: Minimum Size. The floor area of the first floor of any Residence exclusive of any open porches and garages shall not be less than 1,000 square feet. Section 9.16: No Manufactured Housing. Manufactured housing is expressly prohibited. Section 9.17: Fences. Walls. In order to preserve the aesthetics of the Property, no fence, wall or 9 hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. Unless otherwise permitted by ACC in its sole discretiOn, fences shall not installed in front of Residences and fences along the sides of a Lot shall be recessed at least ten (10) feet behind the principal front facade of the Residence on such Lot. Any fence of any size constructed on the Property, whether visible to the other Lots or not, must be constructed and painted (or stained, if applicable) in accordance with the Association guidelines for design and color. The initial color specified for fences shall be "natural". Any fence constructed which fails to conform to the guidelines shall be removed by the Owner, or modified to conform to the guidelines. The Board or the ACC may change these guidelines from time to time, and, upon adoption of a change in the fence guidelines, this Article Nine shall be deemed to have been amended to conform to the new guidelines as adopted. Section 9.18: Residential Use Only: Home Businesses Limited. Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, commercial or business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time, promulgate rules restricting the activities of Home Businesses located on the Lots pursuant to the authOrity granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38. Section 9.19: Underground Utilities Reguired. Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section 9.20: Parking of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas andlor streets located within the Property shall not be used for the storage andlor overnight parking of any vehicle, and each Owner shall use the garage constructed on its Lots for the parking and storage of its vehicles. Boats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored andlor parked overnight on any part of the Lots, Common Areas andlor streets located within the Property, except as specified herein. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any of the Lots, Common Areas andlor streets located within the Property unless stored in a garage. Notwithstanding the foregoing, a. One private family automobile, truck, motorcycle and commercial vehicle operated by a person residing at the Lot (provided that such commercial vehicles contain a single rear axle) may be parked on the driveway or on the street for up to 72 hours ata time. b. Private automobiles, trucks, motorcycles and commercial vehicles operated by a guests or visitors of an Owner may be parked on the driveway or on the street for up to 72 hours at a time. 10 c. Owners may store a commercial vehicle (that exceeds the size restriction described above), boat, boat trailer, house trailer, camper, truck with camper or other recreational vehicle or similar object on the Lot in the event that it is screened from view of the street. Any screening constructed by an Owner for the purpose of this section must be approved before construction by the ACC in the manner provided in Section 9.5 above; d. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway, other unscreened area or on the street for no more than 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel; and e. Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street adjacent to a Lot for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the ACC or its authorized representative. Section 9.21: View Preservation. Owners acknowledge that an important benefit and integral asset of each Lot is the view that such Lot enjoys and that the ACC may take into consideration in deciding whether to approve or disapprove any proposed Structure the impact that such proposed Structure may have on the views of other Lots. For the purpose of preserving views, each Owner shall take such measures as are necessary, (including without limitation, pruning, topping or removal) to ensure that trees and other vegetation located on its Lot does not exceed a height of sixteen (16) feet, provided, however, this height restriction shall not apply to those trees or other vegetation that do not in any way block or impair the view from other Lots. Section 9.22: Enforcement. The Associa1ion, or the Developer during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38), but the member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN EASEMENTS Section 10.1: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain. Section 10.2: Easements on Exterior Lot Lines. In addition to easements reserved on the Plat or shown by other instruments of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain 11 which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section 10.3: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Six, Section Three of this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do: and (e) all acts necessary to enforce this Declaration. Section 10.4: Easement for Developer. Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Property. ARTICLE ELEVEN MORTGAGE PROTECTION Section 11 1 Mortaaaees. Notwithstanding and prevailing over any other provisions of this Declaration, the Articles or Bylaws, or any rules, regulations or management agreements, the provisions of this Article Eleven shall apply to and benefit each Mortgagee. Section 11.2: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Article or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section 11.3: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote on Association matters as a Member to the exclusion of the Owner's exercise of such rights and privileges. Section 11.4: Acguisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of this Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section 11.5: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Lot foreclosed against may be treated as a common expense of 12 other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section 11.6; Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot and/or any Residences or other structures on such Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section 11.7; Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to; (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section 11.8; Limitation on Abandonment of Common Areas. The Association shall not, without prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of such Common Areas. Section 11.9; Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Residence subject to its Mortgage or of any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving a Lot subject to its Mortgage or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by the Owner of a Lot subject to its Mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owned by the Owner of any Lot subject to its Mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLES TWELVE MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Common Areas or Property, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN INSURANCE Section 13.1; Coverage. The Association may purchase as a Common Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees 13 from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Member of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured name(s) therein, including Owners and Mortgagees that have requested notice. Section 13.2: Replacement Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Commons Areas. ARTICLE FOURTEEN RULES AND REGULATIONS The Association andlor its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Lots, the Common Areas and the balance of the Property and the personal conduct of the Owners and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN REMEDIES AND WAIVER Section 15.1: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Owner for and on behalf of the Association, the ACC, or Developer, are in addition to, and not in limitation of, of any other remedies provided by law. Section 15.2: No Waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with this Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of this Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of this Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. 14 ARTICLE SIXTEEN GENERAL PROVISIONS Section 16.1: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section 16.2: Severability. The invalidity of anyone or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section 16.3: Duration. These covenants, restrictions, reservations and conditions of this Declaration shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided. Section 16.4: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision 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 of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 16.5: Attorney's Fees, Costs and Expenses. In the event the Association, a Member or the Developer employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section 16.6: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. Section 16.7: Enforcement of Declaration. This Declaration may be enforced by the Association, the Developer or the Owner of any Lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association, or the provisions of the Articles or Bylaws. Section 16.8: Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of the Developer and the Owners. Section 16.9: Exhibits. All exhibits referred to in this Declaration are incorporated within it. 15 ARTICLE SEVENTEEN AMENDMENT AND REVOCATION Section 17.1. Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section 17.2: Amendment by Developer. During the Development Period, the Developer may amend this instrument to make additional real property subject to this Declaration and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Section 17.3: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: a. Voting rights; b. Assessments, assessment liens and subordination of such liens; c. Reserves for maintenance, repair and replacement of Common Areas; d. Insurance or fidelity bonds; e. Responsibility for maintenance and repair; f. Contraction of the Property or the withdrawal of Lots, Common Areas or other property from the Property; g. The boundaries of any Lot; h. Leasing of Residences other than as set forth herein; Imposition of any restrictions on the right of an Owner to sell or transfer such person's Lot. k. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; Restoration or repair (after hazard damage or partial condemnation) in manner other than that specified in this Declaration; 16 m. Any action to terminate the legal status of the Property after substantial destruction or condemnation occurs; or n. Any provisions which are for the express benefit of Mortgagees. Section 17.4: Effective Date. Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded. Section 17.5: Protection of Developer. For such time as Developer shall own Lots located in the Properties there shall be no amendments to this Declaration, the Articles, the Bylaws, or any Rules and Regulations adopted by the Association which: a. Discriminate or lend to discriminate against the Developer's rights; b. Change Article One ("Definitions") in a manner which alters the Developer's right or status; c. Alter the character and rights of membership or the rights of the Developer as set forth in Article Three; d. Alter its rights as set forth in Article Nine relating to architectural controls; e. Alter the basis for assessments, or the Developer's exemption from assessments; f. Alter the number or selection of Directors as established in the Bylaws; or g. Alter the Developer's rights as they appear under this Article. END OF DECLARATION PROVISIONS 17 EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF LAKE WASHINGTON VIEW ESTATES Legal Description of Property THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH 01°42'08" WEST ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 993,80 FEET; THENCE NORTH 88°49'00" WEST A DISTANCE OF 644.44 FEET; THENCE SOUTH 01°10'57" WEST A DISTANCE OF 329,58 FEET TO A POINT 11 FEET NORTH OF THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AND THE POINT OF BEGINNING; THENCE NORTH 88"49'26" WEST A DISTANCE OF 20,00 FEET; THENCE NORTH 01°10'57" EAST A DISTANCE OF 151,58 FEET; THENCE NORTH 53°55'50" WEST A DISTANCE OF 416,57 FEET; THENCE NORTH 77"10'35" WEST A DISTANCE OF 408,20 FEET TO THE EASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD; THENCE NORTH 30"56'08" EAST ALONG SAID EASTERLY MARGIN A DISTANCE OF 421,01 FEET; THENCE SOUTH 36°52'39" EAST A DISTANCE OF 96,75 FEET; THENCE SOUTH 72°55'43" EAST A DISTANCE OF 128.47 FEET; THENCE SOUTH 27"12'05" EAST A DISTANCE OF 125,85 FEET; THENCE SOUTH 54°16'38" EAST A DISTANCE OF 201.12 FEET; THENCE SOUTH 47"21'42" EAST A DISTANCE OF 123,70 FEET; THENCE SOUTH 61°41'41" EAST A DISTANCE OF 133,65 FEET; THENCE SOUTH 45°37'39" EAST A DISTANCE OF 89,35 FEET; THENCE SOUTH 01°10'27" EAST A DISTANCE OF 184,54 FEET; THENCE NORTH 88°49'03" WEST A DISTANCE OF 134,52 FEET; THENCE SOUTH 01"10'57" WEST A DISTANCE OF 113,13 FEET; THENCE SOUTH 89°47'05" WEST A DISTANCE OF 6,00 FEET TO THE POINT OF BEGINNING, ALSO KNOWN AS LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT LUA-05-069-LLA AS FILED UNDER RECORDING NO, 20051012900009, RECORDS OF KING COUNTY, WASHINGTON, A-1 EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF LAKE WASHINGTON VIEW ESTATES Depiction of Lots and Common Areas [TO BE ATTACHED BEFORE RECORDING] B-1 BYLAWS OF LAKE WASHINGTON VIEW HOMEOWNERS ASSOCIATION ARTICLE I NAME AND LOCATION DEVELOPMEI'IT PLANNING CITY OF RENTO'" JUN - 9 2008 RECEIVED The name of the Association is the LAKE WASHINGTON VIEW HOMEOWNERS ASSOCIATION. The principal office of the Association shall be selected and designated by the Board of Directors from time to time. Meetings of members and directors may be held at such places within the State of Washington, County of King, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS All capitalized terms in these Bylaws shall have the same meaning as identical capitalized terms in that certain Declaration of Protective Covenants, Conditions, Easements & Restrictions of Lake Washington View Homeowners Association recorded in the Office of the County Auditor, King County, Washington, under file number , and all subsequent amendments thereto. ARTICLE III MEETING OF MEMBERS 3.1 Annual Meetings. The first annual meeting of the Members shall be held on the second Monday in September, or such other date as is set by the Board of Directors at a time and place established by the Board of Directors. 3.2 Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote twenty-five percent (25%) of the total membership votes entitled to be cast. 3.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by personal delivery or mailing a copy of such notice, postage prepaid, to each Member entitled to vote at such meeting, not less than ten (10) days nor more than fifty (50) days in ad,'"ance of the meeting. Notice shall be addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice, prior to the deadline for the delivery of such notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. 3.4 Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, ten percent (10%) of the total number of votes held by all Members of the Association shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereon shall have power to adjourn the meetings from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. 3.5 Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of title to its Lot. 3.6 Voting by Mail. The Board may permit members to vote by mail on any issue that it proposes to submit to a vote of the membership at an annual or special meeting of the Association. Voting by mail must be allowed on all issues requiring the approval of two-thirds (2/3) of the entire membership, and for all elections of members of the Board of Directors. The written ballot, with the proposal attached or incorporated therein, must be sent to each member with the notice of meeting, and must be returned prior to the meeting in order to be counted. 3.7 Suspended Member. The votes of all suspended Members shall not count as Member votes entitled to be cast. ARTICLE IV BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE 4.1 Number, Qualifications. The affairs of this Association shall be managed by a Board of three (3) directors, who must be Owners of Lots. 4.2 Election of Directors and Term of Office. At the first annual meeting after expiration of the Development Period, the Members shall elect three (3) directors to serve for a term of one (1) year; and at each annual meeting, thereafter, the Members shall elect three (3) directors for a term of one (1) year. 4.3 Removal. Any elected director may be removed from the Board with cause by a majority vote of the Member votes entitled to be cast. In the event of death, resignation or removal of an elected director, its successor shall serve for the unexpired term of its predecessor and shall be selected by the remaining Members of the Board or, if the remaining Members of the Board cannot agree on a successor within 30 days, shall be elected by the Members of the Association at a regular meeting, or special meeting called for that purpose. In the event that all of the elected directors are removed or resign, their successors shall be elected by the Members of the Association at a regular meeting, or special meeting called for that purpose, and shall serve for the unexpired terms of their predecessors. 4.4 Compensation. No director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for such person's actual expenses incurred in the performance of such person's duties. 4.5 Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of a majority of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS 5.1 Nomination. Nominations for elected directors shall be made from the floor at the annual meeting. The Members shall make as many nominations for election to the Board of Directors as they desire, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Owners. 5.2 Election. Election to the Board of Directors shall be by oral vote or secret written ballot, as may be determined by the then sitting Board of Directors. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorporation. The persons receiving the largest number of votes shall be elected. Cumulative voting shall not be permitted. ARTICLE VI MEETING OF DIRECTORS 6.1 Time Place. Open meetings of the Board of Directors shall be held at such place and hour as may be fixed from time to time by resolution of the Board. A meeting shall be held within fifteen days after each annual meeting of the Members. 6.2 Notice. Meetings of the Board of Directors shall be held when called by the President of the Association, or by any director, after not less than three (3) days' notice to each director. 6.3 Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board; provided however that the determination of any annual or special assessment and the adoption of or amendment to the rules and regulations shall require the affirmative vote of sixty percent (60%) of the directors present at such a meeting. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS 7.1 Powers. The Board of Directors shall have power to: 7.1.1 Suspend the voting right of a Member who has not cured a violation of the Declaration or the rules and policies duly promulgated thereunder after three written notices of violation have been mailed to such Member and such Member has failed to cure such violation within thirty (30) days of the receipt of the first such notice. 7.1.2 Suspend the voting rights of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the ASSOCiation, after such Member has had thirty (30) days from the due date to pay such assessment. 7.1.3 Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration. 7.1.4 Declare the office of an elected member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. 7.1.5 Employ and to prescribe the duties of a manager or an independent contractor, as it deems necessary. 7.1.6 Enforce the architectural, landscaping and maintenance controls described in the Declaration. 7.1.7 Perform maintenance work on individual Lots when a Owner has failed to do so and to charge the cost to the offending Owner, as provided in the Declaration. 7.2 Duties. It shall be the duty of the Board of Directors to: 7.2.1 Cause to be kept a fair and accurate record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by fifty percent (50%) of the total membership votes entitled to be cast. 7.2.2 Supervise all officers, agents and employees of this Association and see that their duties are properly performed. 7.2.3 As more fully provided in the Declaration, to: (i) Fix the amount of the annual assessment against each Lot; (ii) Send written notice of each assessment to every Owner subject thereto due and payable within thirty (30) days of notification; (iii) Fix the amount of any special assessment against each Lot and send written notice of such special assessment to every Owner subject thereto at least thirty (30) days in advance of the date on which such assessment is due; and (iv) Foreclose the lien against any property for which assessments are not paid within sixty (60) days after due date or to bring an action at law against the Owner personally obligated to pay the same. 7.2.4 Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. 7.2.5 Procure and maintain liability insurance and cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. 7.2.6 Cause the Common Areas to be maintained, and to pay all of the Association and common expenses described in the Declaration. 7.2.7 Act as the Architectural Control Committee for the Property, or elect or appoint a separate Architectural Control Committee for the Property, in accordance with the Declaration applicable to the Plat, after Developer gives notice it is relinquishing that role. ARTICLE VIII OFFICERS AND THEIR DUTIES 8.1 Enumeration of Offices. The officers of this Association shall be a preSident, secretary, and treasurer, who shall at all times be members of the Board of Directors. and such other officers as the Board may from time to time designate by resolution. 8.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. 8.3 Term. The officers of this Association shall be elected annually by the Board, and each shall hold office for one (1) year unless they shall sooner resign, be removed or otherwise be disqualified to serve. 8.4 Special Appointments. The Board may elect such other officers as the affairs of the 4 Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 8.5 Resignation and Removal. Any officer may be removed from office with cause by the Board, except that the president, secretary or treasurer may only be removed by a vote of the Members as provided in Section 4.3. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective, 8.6 Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. 8.7 Multiple Offices. No person shall simultaneously hold more than one of any of the offices. 8.8 Duties. The duties of the officers are as follows: 8.8.1 President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and shall sign all written contracts and instruments approved by the Board of Directors. 8.8.2 Vice President/Secretary. The vice president/secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses and shall act in the place and stead of the president in the event of such persons absence, inability or refusal to act, review the complaints alleging violations of the maintenance and improvement requirements of the Declaration, administer the exercise of enforcement actions by the Association, and shall exercise and discharge such other duties as may be required of him or her by the Board. 8.8.3 Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all money of the Association; disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenses to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members, 8.8.4 Consultants. When appropriate, any officer may retain a third party consultant or contractor to assist such officer in the performance of its duties; provided such officer shall notify the Board in accordance with these Bylaws. ARTICLE IX COMMITTEES The Board of Directors shall appoint such committees as it deems appropriate in carrying out the Association's purpose. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS 11.1 Enforcement. Each Member is obligated to pay to the Association annual and special assessments which are assessed against the Property. Any assessment which is not paid within thirty (30) days after the due date shall bear interest from the thirty-first day after the due date at the rate which is the lower of twelve percent (12%) per annum or the maximum rate permitted by law. The Association, consistent with Section 7.2.3 (iv) of these Bylaws, may bring an action at law against the Owner personally obligated to pay the same or foreclose its lien against the property to recover such assessment together with any accrued interest and the costs, and reasonable attorneys' fees incurred in any such action or foreclosure. No Owner may waive or otherwise escape personal liability for assessments levied or owing against its Lot during the time of ownership by said Owner by claiming non-use of the Common Areas or by the subsequent transfer or abandonment of its Lot. 11.2 Proration. When ownership of a Lot changes, liability for the regular annual and special assessments which have been established for the year of purchase shall be prorated between the buyer and seller in accordance with the number of days remaining in that year on the date of closing. All assessments due and payable on the day of closing shall be paid at closing by the party liable. ARTICLE XII AMENDMENTS 12.1 Meeting. These Bylaws may be amended, at a regular or special meeting of the Members, by simple majority vote of the Member votes present and entitled to be cast, provided that the notice for the meeting includes the proposals for amendment. Any proposed amendments or alterations shall be submitted to the Members in writing at least ten (10) days in advance of the meeting at which they are to be acted upon. 12.2 Priority. In case of any conflict between the various documents governing the Association, they shall control in the following order of priority: (1) Articles of Incorporation, (2) Declaration, (3) Bylaws, and (4) Rules & Regulations, if any. ARTICLE XIII INDEMNIFICATION OF DIRECTORS AND OFFICERS 13.1 Standard of Conduct. Every person who is or was a Director, officer or committee member of the Association shall be indemnified by the Association, whether or not then in office, against all liability and reasonable expenses actually and necessarily incurred in connection with any proceeding to which such person may have been made a party or otherwise because such person is or was a Director, officer or committee member of the Association or any proceeding by or in the right of the Association, unless the Director, officer or committee member has been adjudged liable to the Association in such a proceeding. Such Director, officer or committee member shall be indemnified provided that such person conducted himself or herself in good faith and reasonably believed such person's conduct in such person's own official capacity was in the Association's best interests, or such person reasonably believed such person's conduct outside such person's own official capacity was at least not opposed to the Association's best interests, and in addition, in any criminal or civil prosecution such person had no reasonable cause to believe such person's conduct was unlawful; PROVIDED FURTHER, that a Director, officer or committee member shall not be indemnified for any proceeding in which such person has been adjudged to be liable for receiving improper personal benefit, whether or not in such person'" official capacity. As usec in this article, the term "proceeding" shall include but shall not be limited to any threatened, pen,ding or completed claim, action or suit, or in connection with an appeal relating thereto. The term "expenses" shall include but shall not be limited to counsel fees and disbursements, and amounts of judgments, fines, penalties, settlements, and reasonable expenses actually incurred by the Director, officer or committee member. In addition, the Association shall reimburse expenses incurred by a Director, officm or committee member in connection with such person's appearance as a witness in a proceeding at a time when such person has not been named defendant or respondent. 13.2 Indemnification. 13.2.1 Any Director, officer or committee member who has been wholly successful on the merits or otherwise with respect to any proceeding described in Section 13.1 shall be entitled to indemnification as of right. 13.2.2 A Director, officer or committee member who has not been successful on the merits or otherwise may be indemnified at the discretion of the Association if it is determined by the Association, according to applicable statutory procedures, that such person has met the requisite standard of conduct set forth in Section 13.1. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere, or its equivalent, shall not of itself be determinative that the standard of conduct was not met. The indemnification of employees or contractors of the Association shall be made at the discretion of the Association's Board of Directors. 13.2.3 A Director, officer or committee member may also apply to a court of appropriate jurisdiction for an order of indemnification. If such person has met the requisite standard of conduct described in Section 13.1, the court shall order indemnification and such person shall be entitled to receive reimbursement, pius the expenses of securing it. In addition, a court may order such indemnification if it determines that such person is fairly and reasonably entitled to indemnification in view of all relevant circumstances, whether or not such person has met the requisite standard of conduct set forth in Section 13.1, or has been adjudged liable on the basis that personal benefit was improperly received by him or her. A Director, officer or committee member shall be entitled to indemnification under this section to the extent permitted by law. 13.3 Report to Members. Any indemnification of a Director, officer or committee member in accordance with this article shall be reported to the Members with the notice of the next Members' meeting or prior thereto in a written report describing the proceeding and the nature and extent of such indemnification. 13.4 Expenses. Reasonable expenses incurred by a Director, officer or committee member who is party to a proceeding described in Section 13.1 may be advanced by the Association prior to the final disposition of such proceeding according to applicable law. Such expenses shall not be advanced if the proceeding is brought by the Association. 13.5 Insurance. The Association may purchase and maintain insurance on behalf of any person who is a director, officer, committee member, employee, or agent of the Association against any liability incurred by such person because of his status, whether or not the Association would have the power to indemnify such person against such liability under the provisions of this Article XIII. 13.6 Counsel. The Board of Directors shall have the right to designate and redesignate the counsel who shall defend any person who may be entitled to indemnification; to approve any settlement; and to approve in advance any expense. 13.7 Extent. The right to indemnification conferred by this article shall not restrict the power of the Association to make any indemnification of a Director, officer or committee member insofar as permitted by law. The foregoing rights of indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, bylaw, agreement, vote of Members, or otherwise, and shall inure to the heirs, executors, and administrators of such person. All such rights of indemnification shall be available whether or not the claim asserted against such person is based on matters which antedate the adoption of this article. 13.8 Cost. The cost of any indemnification, insurance or any other expense under this Article XIII shall be a Common Expense of the Association. ARTICLE XIV MISCELLANEOUS 14.1 Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. 14.2 Written Notices. Notices required to be written notices under these By-Laws shall be effective when received by personal delivery to the party receiving notice or upon the deposit of such notice into the U.S. Mail with first class postage prepaid. CERTIFICATION OF ADOPTION The undersigned, being members of the Board hereby certify that the foregoing are the Bylaws adopted by the Board of the Association. Date Greg Fawcett Date Bob Fawcett Date George Fawcett