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HomeMy WebLinkAboutLUA-06-012_Report 011:]'1" r ."-- + N 1/4 CORNER OF st:CTlQN 15-23-5; rno 3" KING COUNTY SURFACE: MON, ~" BR~SS OISK \filTH PUNCH [Clli' OF RENTON HOR/liERT CONTROL POINT NO 1SS1] (\IISiTED 3-2D--OJ) H • , ~! ~i ii ~i~ !~i~ ;~i o 1 '" 01 ~ ". ~I ~ ~i ~ ii " ~i 'I i • I -: .... -~~'C~~,E :'jE{t-,~il~I'¢tL E',SE~Ef,T @ RIDGEVIEW COURT NW4, KING NW4, SEC. COUNTY, 15, TWP. 23N, R. 5E, W.M. CITY OF RENTON, WASHINGTON 'NO SECTION CORNER, AS NOTED °ND 1/4 CORNER, AS NO"'1:D 8 e 'e ~ __ "!£0t ____ ~ __ !'!..'!:' __ ._: LEGEND .. o (USE) SET ~ON IN CASE. PER CITY OF RE~TON STANDARD SET 1/2" • 24" RESAR .... /C~P. LS J04H U"lITY &: SIDEWAI,t: EASE~ENT ., -1- GRAPHIC SCALE " ~ lItlCK-30 n L')' ""D, PI,BUC SE~'ER I::AS~~E~- @ ! I 13 ~ 4,065 SF 12 , 4.340 Sf ~ ~ ~ - 11 4,342 SF , , , J1..'9 ,L I I I NW CORNER Q, SECTlON 15-23_5; FND 4",4" CONe MON IN CASE, -:\' ~ WITH lie" COPPER TAC~ [an OF 10 15 ~ ANACORTES ~AVE NE ~. ~-2E' WOE i-R",AI, @ ASCES~ .~o l TIU-Y _ASI::"E~T ,_ . , NOO'47'45"E 3JQ",J:l SEE OETo\Jl ~ 'F'SHT4 , • . '. ~:~ ~II'<> , , , , 1"1,81' 8,606 Sf : W UNE OF THE 101[4, NE", NW', NW~ OF SEC 15-23-5 ;.',' {' :&-' RENTON HOR!IIERT CONTROL POINT NO. 15QJ] (\IISiTEO J-20-QJ) ------------------------------ 9 16 AlL PRIVATE ACC£SS, UTlun AND w,,~ E"SE~TS ANO STORIoI QRJ.lN.o.GE SYSTEMS AND EASElIfENTS IN lHlS PLIoT .om: HEREBY OEDIC"'TEtI TO lHE RIOOEVEW OOJIIT HOIoEOVltlEIIS oISSOOA11OH. THE HOMEOlINEIIS ",=",1100 'IIIU BE RESPONSIBLE fOR '!tiE WAlNlWAHC£ OF "PI'UI'HENANCES AND IIIIPRO~ENTS \fIlTHIN SAID EASDIENTS. 0) ;~~~~ P~~Vt~ ~~~~ND~~~NT~~sE~S;~I~~TTEO~~R~OTS IB DRAINAGE Si"STE~ BENEFITING LOTS IS ANIl 2G ® ;~t~E S~~~~E~l~M c~tiZ~': AE~~7,~f-:i:T sO-ii:1.I LDTS 2 O~AI!,j~GE: SYSTEM SENEFl~t-.G LOTS I AWl 2 @ ~~J~ICR~:T~~ ~,~~I.I;N:ctll~~R~rLg~~l~~~T~ ~~E HY(lRAN-THE Cln OF RENTON IS ~[REBY RESPONSIBL, FOil THE ~AIN-ro:NANCE Of lHE PJBLlC WATER APPURTE~A~CES WI-n-.'N SAID EASEI.IENT. SEE DE-All 'A' ON SHEET 4 Of L o ~g'TsM~i ::~v~~ F~c~1 ~~~E~~\~Y C;€~~N;N~1~. ® ~g'T~~E ~~~IV; }O:C~Er3t~NE~I~~~o~SfI.lAENNDT ~VER ® to~~~~,E~T~Ep~~.?VER lOT '7 '5 ~EREBY GIlANTEO Te o ~~~Ii:DTET;~6ETR 5E~~E~~T P~':t ,OT • 15 HEREBY EASEMENT NOTES ,:]) A 20' MOE P~IV~TE: ACCESS AND UTlloTlES EASEI.IENT OVER LOTS 4, 5, ~ A~D 7 ,OR THE BENEFI~ OF LOTS 4, S. ~ ~ND , ~ 10' MDE PUBLIC UllLlli' EASEMENT OVE~ LOTS ., 5, 5, AND 7 FOIl SAN TARY S£WER IS HEREBY RES£RVEO ;-OR AND GRANt'O TO THE Cln OF ~ENTON FOR PURPOSES OF CONSfflUCW,O, RECONSTRUC"~G, OPERATlNG AND MAINTAINING THE SANI-ARY SEWER SYSTEM, TOGETHER Will' TlIE RIGIIT OF INGRESS ~~O EGRESS FOR S<JCH ~UR~OSES Tl-'IS EASE~ENT SHALL SE ;REE FRO~ ALL PERMANENT STRUCTURES OR O'"'lER STRUCT~RES, SUCH AS COVERED PA~KING, OEC~ OVER~ANGS, ShEDS, ET~., \\'itCH INTERFERE I'IITH CITY DF RENTON WATER MoQ WASTEWATER ~~INTENANCE ANO REPPoiR RESPC)NSI8IVTlES @ ~~'5E~DE~:~~: l6gE1S0~1,~~ I~~c;~g :~DFOURTI~~ B~NEFIT OF ,"Drs 11, :2, AND 1J @ 2R:'#DTE:T;~~r l~E~~T ~'(1-: LOT 7 IS HERESY @ A SANITARY SEWER E:ASE~ENT LOCA TEO ACROSS L01S 5, e ~ND 8 AS SHO",," HEREON, IS HEREBY ~ESERVED FOR AND GilAHTED TO '!tiE CI-V OF RENTON ,OR THE PURPOSES OF CONSTR<JCTlNG, RECONSTR~CTlNG, OPERATING AND I.IAINTAINING THE SANIT~RY SEWER SYS]'fM, TOGETHER WI'!ti THE RIGHT OF INGRESS AND EGRESS fOR suc~ PURPOSES, TI-1IS EASEMENT Si<All BE FREE fROM ALL PER~ANENT STRUCTURES OR OTHER STRUCTURES, SUCt1 AS COVERED @A PRIVATE ACCESS AND UllLlT" USEMEI'oT OV['l TRACT '~', LOTS ~, 9, :0. 11 AND 11 rOR Tl-lE B[~EF1T or LOTS S, g, 10, n, 12 AND'~ CITY OF RENTON ® to~~'I:'D~/~~~WD AIC7C~~~ A~~ ~~~~~TE~E~<~T 1~~1R5, PLAT NO, LUA-04-131-FP IS ~~D 17 r.;;;;;;;;;;;;;;JI----~~~~;\~;:~~~~~~~;::_~--lr--~~~~""1 PARKING, D£CK Q\lER>lANGS, SHEDS. ETC., WHICfj INTERfERE 'Mfr an OF R[~TON WA7ER AND WASTEWATER ~~INTENANCE AND REPAIR IIESPD~51BILlllES, @ 61~U~ICR~~T1j~ ~~~M;~O~\I~R6~YLg~-;~'F~RT~ THE ~R~.i~~ ~~~CRTA~I~~D~UGRJ~,A~R~~~S~~ ~iT~g~;.,O'--JOB NQ ~~~~:Y B~~PO'!~9r~L~5~ J::i ~A'f,';~~A~Ec~~ Ii..E TRAVERSE IS AT ~IC>1ER LEVEl '!tiAN MINIMUM 0312 ~~BLIC WATER APPU"!TE~ANCES WlT~IN SAID EASE~ENT. STANG~RDS, REOUIRED BY WAC .H2-13Il_090. SEE OE-AIL 'C' ON SHEET 4 Q;' 4, G ~I~U~~~R~T~~ 5¢i~MfNpTO~SllC'.tn~\g~~~T~~RT~ }i~E I-'YDRAlH. TH;: aTY 0, RENTON IS HEREBY RESPONSI8'_E fOR Tl-lE MA:NTE'IANCE: OF THE PUBLIC WATER APPJR"NANCES I'IITI-1IN SAID EASEME!,jT, SEE DETAIl.. 'c' or. SHEET ~ Of 4 ~n9iM~rs • P or~ers 3 or 4 ~.IG FEB -9. RIDGEVIEW COURT NW4, KING SEC. 15, TWP. 23N, CITY OF RENTON, NW4, COUNTY, R. 5E, W.M. WASHINGTON DEDICATION KNOW ALL PEOPL~ BY THESE PRESENTS THAT WE, THE l.NDERSIGNED OWNER(S) OF IN~EREST IN THE LAND HEREBY LONG PLATTED. HEREBY OE::LARE 1111S LONG PLAT 10 BE THE GRAPe-Ie REPRESENTATlCN OF ThE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO ll-IE l.SE OF ThE PUBLIC FOREVER, A'_L STRE.~TS ANC AVENUES NOT S'iOWN AS PRIVATE "~RO:ON AND ODICATE THE us;:: THEREOf FOR ALL PU8:..1C PuRPOSES NOT INCONSISTENT WIIH THE USE THEREOF FOR PuBL C HIGHWAY P"RPOSES, AND ALSO T,,[ R CHT TO MAKE ALL NECESSARv SLOPES FOR curs AND FILLS U"ON r;-T LOTS SHOWN "[}iEREON IN THE ORIGINAL REASONABLE GRADI~G OF SAl:) STREETS AND AVENUES, AI-;O FURTHER OE"DCATE TO THE USE OF T-IE PJElUC A_L EASEMENTS AND TRACTS S-IOWN ON THIS LOt-.G PLAT FOR ALL Pc!8L1C PURPOSES AS INDICATD THEREON, 't-.CLUD NG BUT NO~ Llf,WEC TO PARKS, OPEN SPACES, UTILITIES AND DRAINAGE UNLESS SUCH EASEMEt-. TS OR TRileTS AR~ SPECIFICALLY IDENTIFIED ON THIS LONG PLAT AS 8EI.% DEDICATED 0'< CONV~"EO TO A PERSON OR ENTI~Y OTHER '"HAN "E oU8L1C, IN WHICI""' CASE WE DO HERE8Y DEDICilTE SUCH STREETS, EASWENTS, 0'< T'<!',C--S TO THE PERSON OR EI\. TITY IDENTI"ED AND FOR THE PURPOSE STATED, FLRTHER, T'-I~ UND~RSIG"ED OWNERS O~ THE LAND HEREBY LONG PLATTED WAIVE FOR ~HEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTI~Y DERIVING TITLE '"'<OM THE l,.ot-.DERSIGNED, ANY AND ALL CLAIMS COR DA'<IAGES AGAINST C!TY OF RENTON, TS SLCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY IHE ES1A8L1SHMENT, CONSTRucrON, 0'1 MAINTENA·\fCE OF ROilCS AND/OR DRAIt-.AGE SYSTEMS WITH N THS LO\[G SU8)IVISION OTHER THAN CLillMS RI:SUL lNG FRO ... Ir-,II,DEQUA -E MAI,\!TENANCE BY THE CITY OF RENTON. FURTl-1ER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY LCt:G SUB- DIVICEC AGREE >0'1 THEMS::LV£S, TI""'E'R "<EIRS AND ASSIGNS TO INCEMNIFY ANJ HOLD Tl-1E CITY OF RENTON, ITS SJCCESSORS AND ASSIGNS, HARMLESS FROM ANY 011 MAGE, INCLUDING A'jY COSTS 01" DEfENSE, CLAIMED 8" PEitSONS WlTHI'j OR WITHOUT ~HIS ~ONG PLAT ~O HAVE BEEN CAUSED BY A~TERA,TIONS 0'" THE GROUND SURFACE, VEGETATIO\[, Di<AINAGE OR SURFACE OR SUBSURFACE WATER FLOWS '/VITHI\! THIS LONG PLAT OR BY ~STABLISHME,"T, CONSTRUCTION OR MAIWENANCE OF T.,~ ROADS WI"'"HIN THIS LONG PLA.T PRQV'DED THIS WAIVE,? ANC INDEMNIFICATION SHAL._ <,JOT BE CONSTRJED AS RELEASING "'"HE CITY OF R~NTON, ITS SUCCESSORS OR ASSIGNS, FROl,l L MIL TY FOR DAMAGES, INCLUDING THE COST OF DEFE'jSE, RESUL TlNG N WHOLE OR IN PART FRO',.! THE N~GLlGENCE Cf CITY OF RENTON, ITS SUCC~SSORS OR ASSIGr-,S. THIS SUBDIVISION, DEDICATION, WAIVER Of CLAIMS ANO ',GREEI,<ENT TO HOLD HAR~LESS IS MADE WITH THE tREE CONSENT AND I\! ACCORDANCE WITH THE DESIRES OF SAID OWNERS. N WITNESS W.,ERC:OF WE SET OUR HA"ICS AN] SE,ALS Robert Wenzl, for Ridgeview Court, LLC for Northwest B~s:ne!ls Sank ACKNOWLEDGEMENTS STATE OF ________________ l COUNTY GF _____________ J 55 I CER~IFY T-IAT I K~ON OR ~IIVE 5ATlSFACORY £'yl~ENCE THAT SICNED THIS DEDICATlON ANCl ON CA~f< S'A~ED IHAT (HE/SHE; WAS AuTHORIZED TO EXECUTE THE INSTRUI.IENT ~ND ACKNOII'I.EDGEJ :~ AS THE _____________________ OF ____ . __ ." ~ ___ ~. _______________ _ TO BE THE CREE AND VOLUNTA~Y ACT OF SLCH PARTY FOR THE USES ANO PURPOSES MENTIONED IN THE INSTRUMtN I GAf£D _____________ _ S GNA TURE OF NOTARY PUBLIC P~INTED NAME OF NOTA~,( PUBLIC TlTL( t.l v APPOI~~MENT EXPIRES ------------------ SIGNED THIS OEDICATION ~NCl ON OAT~ SUTED THIIT (He/SHE) WAS AL ,HORIEO TO EXECUTE TLlE INSTRJt.lE~ ~ A,ND ~CKNOWLEDGW IT II~ THE _____________________ OF ___________________________ _ TO BE THE FREE ANC VOLUNTAR'( ACT OF SJCH PAR,,( FCR THE USES AND PURPOSES MENTIONED N THE INSTRUMENT DAITD __________________________ ___ S,GNATUR': 0'" NDTARY PUBL'C PRINTED NAt.lE or ~OTARY P~SLlC nILE CITY OF RENTON APPROVALS CITy OF RENTOr-. "'I ANNINGi 3111! pING/ PllellC WORKS PEPARTMENT eXAMINED AND APPRO\I€D THIS __ DAY OF ____ '"_ AOI.IINISTRATOR CIT" of RENTO!-< EXA~INED ~ND ~PP~OV::C THIS __ DAY OF ____ ,,_ MAYOR CITY OF RENTON fXA~INED AND ~PPROVED THIS __ DAY OF ____ '"_ CITY C.ERK CITY OF RENTON FINAKCE DIRECTOR'S CERTIFICATE' I ,",ERES'( CERnFY "TH~T frERE ARE NO DELINQUENT SPECIAL ASSESSIoIENT'O AND THAT ALL SPECIAL ~SSESSIoiENTS CERTl;IE~ TD THE CITY TREASURER FO~ COLLECTION ON ANY PRI)DERTY HEI!EI~ GI)NTAINE~ OEOICAfEO FOR STI!EETS, ALLEYS OR OTHER PUSLIC USES ARE PAID ,N FULL THIS __ DAY Of ___ ~ ,,_ >INA~CE JIRECTDR KING COUNTY FINANCE DIVISION CERTIFICATE I I<ERE!lY CERnFY lt1AT ALL P~OPERTY TAXES AR~ PAlO. THAT ~"'ERE ARE NO DEliNQUE~T SPI;CIAL ASSESSIolENTS CERn"IEJ TO '~S OFFICE FOR COllEcnON A~D, THAT All SPECl~L ~S5ESSIAE~TS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPER"""Y ~EREIN CONTAINED, DEDICATED AS STREETS, ALLEYS CR FOIl OTHER PUBL'C \.st: ARo P>ID ,~ FelL, THIS __ DAY Of ___ ~ ,,_ 'IANAGER, FINANCE ~1'~SION GEP~ TY DEPARTME:-.IT OF ASSESSMENTS EXA~INEJ A~J APPROVED THIS __ CAY:;> ____ , 2o __ .• KI~G COUN-Y ASSESSOR OEPIJT'T" ASSESSOR AQUIFER PROTECTION NOTICE DolE lOTS CREATED HEREIN FALL 'MTHIN ZONE 2 OF RE'ITON'S ~QlJI;ER PROTECTlI)N ARoA AND ARE SUBJ£CT TO THE REQUIREIoIE~TS 0" THE CITY OF RENTON ORDI~ANCE NO. 4367 ANO AS Al.loNDm BY ~DI~ANCE NO. 4740. THIS CITY'S SOLE SOU~CE OF DRINKI~C WATER ,S SUPPLIED rROI.! A SHA,LOW AQUIFER UNDER THE CITY SJRFACE, ""'ERE IS NO ,~ATU!lAL BARRIER SETWEEN THE WATER TASLE AND GROUND Sl)RFACE. EXTREIIE CARE SHOULD BE EXERClSED \\'HEN H~NDU~C OF ANY Llau,O SU9STA~CE OTHEI< "1AN WATE~ TD PROTECT FROI.I CONTACT 'MTH THE CROU~O SURFACE IT IS THE HOMEOWNER'S RESPONSIBILITY TO P~QTECT THE CITY'S ORINKINC WATER. DECLARATION OF COVENA:-.IT, T1-<E OWNER OF THE LAND E~8RACEO WlTtiIN THIS LONG PLAT, L~ REnJl!N FOR THE BENEFIT TO ACCRUE FRO!.' TrllS SUSDIVLSLON, !lY SIGNlr~G HEREO~ COVE~ANTS AND AGREES ~O CC"IV(Y TH:: SE:NEFICIAL INTERoST IN THE ~EW EASEMENTS SHOW'! ON "HIS LONC P'.A T TO ANY AN) ALL FUTURE PURC~ASERS OF THE LOTS, OR OF A~Y SUBOVSI()t. Trl[REOF ~rlE COVE~ANT st-ALL RU~ 'MTH TtiE LA~D AS SHOIIN (it,. TtlIS LONG PLAT CITY OF RENTON 1,1,( APPOI~TM~NT EXPIRES PLAT NO. LUA-04-131-FP RECORDING CERTIFICATE FOR RECOOD "THIS DII'( 0'",,====1 '~ ___ "-1,1 N BOOK _~:. AT THE ~EOUEST Of T. CHRISTENSEN, P.L,S SCRVEYORS CERTIFICATE 30444 ~ S[(XlNC DIRECT RoADING "OTAL STAnO:'! METHQCj· Tl!AIlERS!: ANO ~ADlAL SURVEY. PREC:SIQt< OF CONTI!OL Tl!A>'ERSE IS AT ~IG~ER LEV(. THAN MINII.'UIol STANOARDS. REQUIR<D BY WAC 332~13Q-Q90. JOB No. 0312 OF 4 I I I I I I RIDGEVIEW COURT NW4, NW4, SEC. 15, TWP. 23N, R. 5E, W.M. KING COUNTY, CITY OF RENTON, WASHINGTON LEGAl DESCRIPTION VICINITY MAP THE SOOTH foIAi..F ~ 'fljE EAST IlALF OF THE NORTII(AST QUARTER OF THE NORIHM:ST wmTER Of THE NOfnW/lEST C'JARTEA Of S€cnO!< 15. TO'IrINSI<IP 23 NORTH. RANG!' ~ EAST, \It.I.t, IN KING COUNTY, 'II'ASIIINGTON. SEING II PORTION Of lIlACT ~ OF IoIARllN'S ACRES TRACTS, AN UNRECORIJED f'LO.T: EXCEPT THE EAST 7.5 FEET OF SAjQ 1RACT EXCEPT lHAT PORnON THEREOf CONVEYED TO THE CITY Of REtiTON 8Y DEED RECORf)ED OCC£IoIBER I, 20»5 UNDER R(C NO. :!00512QHI01.l~9. BASIS OF BEARING THE CENTERUNE Of NE 4m STREIT BETWEEN lliE FOOtlD NORTHII/EST COIlNEfI AND NORTH QUARTER CCJRIolER IoIONUYENTS AS ~OWN ON SHEET 3, BEARINC N88"(lJ'OO""/j. AS SIlOM< HORIZONTAL DATUM l¥A~INGTON STATE I'lANE ~TH ZONE. NAD aJ/9' EASEMENTS AND RESTRICTIONS N.T.S. 1. AN osatENT IS HEREBY RESERW. GRI.NTED. ","D CONIl!i:YE:D TO -mE arT Of RENTON, PU(;';T SOUND ENERGY, OWEST COI.IIoruNICAllONS. COUCAST. AND THEIR RESI'EClll'1' SlJCCESSOIlS AND ASSlGNS, OIlER, UNDER ANO UPOOI THE EXTE!l:IOR '0 FEET OF /Ill LOTS """D TRACTS. PARALLEL '/IIl}j oV>ID MJOINING DJSllNG OR PROPOSED ACCl'SS RIGHT Of 'IIAY IN MHCH TO I~STALL LAY. CONSTIlI.ICT. ROIEW. OPERATE ,,"0 IoIAJNTAJN UNOCRG'lOI.lNO DlSTmBIJTlON SYSTEMS "MTI-t NECESSARY fACIUTIES. SIDEWAlKS HlD OTHER EOOif'MENT FOI't THE PURI'OS!' Of SE:R"NG mls 5ll1lDl1llSiOH.o.NO OTl1ER PROPERTY, 'MTH UTiUTY SEAI'lCES ,,"0 SlOE'IIAI.)(S. TOGETi-jER WITH THE RIGHT TO ENITR UPON THE lOTS AT M.L TIMES FOR THE PURPOSES HERElN TOCE1"HER STAlED. "0 UNES 0I't "MRES FOR Tl-jE lRANSIoIISSION or El..[CTRl~ CURR(NT. OR fOR TElEPHONE USE. CABt.E TELE1IISION. FlRE OR POUCE SlGIIIALS. I)'! FOR OTi-jER PlJRPQS[S. SHAll BE PLACED UPON ANY LOT UNLESS mE SAME SHAU BE U'IDERCROOND OR IN CONDUIT AnACHED TO A 8UILDONG SECTION 15 BREAKDOWN DETAIL mE EAS[IA(NTS O£PI~TEIl ON mE MAP SI-1E£TS Of THIS FINAL PLAT AIlE FOIl ll"E UI.lITED PURPOSES USTEO 90.0'11 ...... D ARE TO & cotIl'[YED Fcu.OVIING ThE R(CQROING Of TliIS FlNAl PLAT AS SPEClFlE!) ACCORDING TO Tl-tE R£~VATIONS usrED B£lOW. CONVEYANCE OF TRACT A TO THE HOMEOWNERS ASSOCIATION, R10GE'<IEW COURT. LLC. A WASHINGTON UIollTED UA~un COI.!P ...... Y. HEREBY CONI,£'fS ANO OOIT CLAiIoiS "!PACT A TO Tl-tE RIOGl;1IIEW HOIoIEOWNERS .ossocrAnON TOGETI-IER WITH AFTER-ACOUIRED TITLE. 5llB..ECT TO Tl-tE VARIOUS E.o..sDIENTS sn FORm ON TliIS Pl.AT. TRACT A EASEMENT AND MAINTENANCE OF THE DRAINAGE FACIUTIES AND OTHER IMPROVEMENTS LYING WITHIN TRACT A A 'ION-EXClUSiVE EASEMENT FOR mE INSTAU.ATION. OPERATION. 1oI~'NTEN,,"Cr:. R[PAJR AND RECONSlRl.lCTION or A STQRt.IWAT£R O£TENTION AND WATER OUAUTY POND. OTHER OIIAlNAG£ FACIUTIE5, FENCINC 1oNO L..O.N05C»'1NG cor..u:CTlI'!:.!. Y ·ORAr'lAGE: IIoIPRQIlEMENTS- IS HER£BY OE:Cl.AREO OVER. UNDEIl. AlONG AND ACROSS lRACT -.. THIS EAS!:ME'IT SIlM.L RUN 'Mnl TH~ u.Nll. aENEFlTnNG AU Of" lHE LOTS iIlTl-tIN THIS PLAT mo 6l.lROE~IN(; TRACT,. ll"E DRAINAGE: IIIPROVUlENTS ux-.lE.J.l 'MTHI~ TR-'CT A SHALL BE O"fINEO. OPERATED. '"-NO MAlNTAINEl) B'T" THE PIOGE\o\(W COURT HOotEO"Mi£RS Assoa-'TlON UNTIL ~CH nMr (If EIlER) Tl-tE OTY Of RENTON ASSlJIoIES OP1:R-'TION mo IoIIolNTENANCE: RE~~BIUTT" FOR THEloI PRlOR TO AN <\.SSI.JMPTIOO BY mE OTY Of RENTON Of OPERATION AAO./Ol' IoIAINTENANCE FlESPCtiSlB'UTIES Of TliE DRAINAGE: IoIPRO\oEIooIENTS LOC~TED Wlm'N lR-'CT A (A) THE CITY Of RENTON SHAIJ. NAVE TliE RI~T 10 ENTER TRACT A TO REPAIR ...... Y OUKlENClES IN SUCH IIoIPRO\l[IoIENTS IN m!; E\O£NT mE RlDGEI'IEl'i COURT ~OI.!EOWMERS ASSOC'ATIOH FAILS 10 IoIAI'ITAIN OR PEPAiR mEM ...... 0 (8) TI-IE COST Of 5llCii REPAIRS IoIADE BY THE CITY Of" RENTON Sl-lAU lIE REIIoIBlJPs[O TO TliE OTY BY mE RlDGEI'IEW COURT ~OI.IEO\\tlERS ASSOOATION 'Mm'N 900 DAYS Of" lliE olYs O£J.I ...... O ArTER (AND TO THE EXTE:NT Of) AN A5S.lIolPTlON BY THE OTY Of" RENTON OF OPERATION AND/I)'! WAINTE:NANCE. RESPONSlSILITIES OF SOIdE 00 .o.u. Of" THE DRAlNAC<: IIoIPF!OVENE'ITS LOCATED WlTI1IN lRACT A THE CITY OF RENTON SHAU HAVE mE RIGHT TO ENTER TRACT A TO Q'ERATE. IoIAiNTAIN AND REPIolR TH~ INPRO'lfIolENT"S Al mE ClT"f"S C~; THIS f'LO.T IS ADJACENT TO A cOCAL POST OF"FICE ~ICH SooDERS lliE NoomERN POOTlON OF" THE WEST PROPERTY UNE. POST OfflCE OPERATIONS MAY GENERATE NOISE DURI'IG mE EVE~INC AND EARlY I,jORNING HOliRS "l FHO 1/4 CORNER. ~ NOTUl ON SHEET ~ Of ~ fM) SECTION C;O;:NER. AS NOTEO ON SHEET 3 Of" 4 CN.CULATE:D 1/4 CORNER M.ToS. j N , CITY OF RENTON PLAT NO. LUA-04-131-FP 5 S<:COND O<REGT READING TOTAl STATION I.IElHOO: TRAYEASE ,,"0 RAD<Ai. SUR\I[Y PR[OSlCf.l Of CONlROl TRAIlERS!: IS AT HIGHER LEVEL TH~N MINIMUM STANDARDS REQUIRED BY WAC ~2-130-0~1D Engineers • Pknner, JOB No. 0312 Of 4 RIDGEVIEW COURT NW4, KING SEC, 15, TWP, 23N, R. 5E, W.M. NW4, COUNTY, CITY OF RENTON, WASHINGTON DETAIL A DETAIL B SC.oJ..£: 1 INCH ~ 10 FEET SCALE; 1 INCH _ '0 FEET -1- 18 ~": ':~~·f4-NOI,'P_~!.! R ~ J().I)(J' ltl 5.97" -\ J...J. \ i:~=- \ ~: -fASDlOl , ' , , <I. 19'J6W" i _ 10.21" /? _ JO,OO" DETAIL D PUBLIC SEWER EASfJ,IENT SCALE: 1 INCh _ 10 FEET 5 ---------1 '.51!' ~--r----~~~-------~ ~:~ ~ ~ S _______ '" 1Ir'J(}'#".JIT J4.~' ~ i,~_ I nee" r----iWo~::ii,-----l I I I I ________ J 6 -1- DETAIL E PRIVATE ACCESS &: UTlLlTY EASEt.lENT ~ _ wonr l_ tlW R_ 51)00· ~. n7iJ" i -(i.!i2' SCALE I INCH _ 10 fEET ~. 1/~'49" L ~ lI.or 1?5I)OCl I/()()'H")I~// t. _ 2'2"'2" L _ 2.0~' R _ ~.oo' I I , I I I I I -, I 10,0' 'MOE PUBLIC ~'" EAS{IIIE,~T -1- 7 !. _ 27"ro'S'" L _ 14.M' R _ JO.OO' 3 18 10 DETAIL C PUBLIC AND PRIVATE yjATER E"'SE~ENTS SCALE, , INCH _ 20 FlIT -------~-----_W- i R o· (USE) ~. IlWVE" ! _ 15.48' H _ 5a{}(J' NOH).J'~"W 50/' ~~,~. i .5.00' 1<. JlJ.OO' ~ _ IIcsg'OJ" I _/(Uf;' R _ .saoo' DETAIL F ~ _ J8'29W· 1.26.87 R _ 4(100' If _ 5O.()(J' 5' 'MDE PRIVATE WATER EASEt.lENT 9 ~ _ 16V1J'fr L .IU$' fI _ 50!)')' " " PRIVATE ACCESS &: Ul1UT'r' EASE .. Et<T SCAlE:: 1 INCH. 10 FUT -1- 9 ANACORTES AVE NE 40.00' / / / / / + I I Id.I)(I14'I1I" I L _X/8' ; R. 2J.OO· / ~ _ lI!Iu'M" I. ~lif FI_ 2..1:00' (roTA'-ARC) h ~OJ; ~ TRACT A () st:T 1/2" • 2~' REBAR II/CAP, LS ~""" CITY OF RENTON (USE) UTlLJTY 01: SIDEWALK EASEMENT 3 4 8 I? -/J.IJ()' PLAT NO, LUA-04-131-FP ~ r 111'$6'o.J" I _ 11.61' 1/ r IJ.IJ()' 9 TRACT A 5 SEcot.D DIREC~ READING iOTAL STATION MOHO) "RAVERS~ AND RADIAL SURVEY. PRECIS·Ofj OF CONTROL 'lAVERSE IS AT KIGKER LEv(L mAN >!INI>!UM STANDAROS REQUIRED BY WAC J~2-'JO-090. oOB No. 0312 Engine~ro • P Or1erS • S"rv~"lor' J':'"",~"--"lC'---~ 4 OF 4 FEB-g211 RECEt¥ED - Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 CITY OF RENTON as PRGE001 OF 002 12/21/2006 11:13 KING COUNTY. UR 33.00 LLA -Clr DI L BILL OF SALE 1 Property Tn Pand Number;5IR1J oDtOi{;1 Project File #:,Lul1-()& -oIl SJ1'cet Intersection:.,,, N& 3d.i~ Address:3 :L7 ii:tv", UlJIl,) /Jlt-HJ. Reference Number(s) of Documents assigned or released: Additional reference nlIll1bml "'" on page __ . Grantor~: JIi W to/HI r.. /.. A-e Grantee(s): 1. f? I.i> E £. 1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following desaibcd personal property: WATER SYSTEM: m Size :!'n>':! L.F. of ~ , Dr Water MaID W<5~ L.F. of , J2Z: Water MaID L.F. of , Water MaID 3 each of ~ .. Gate Valves each of .. Gate Valves 2J each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: /:;'i9 Size fie L.F.of ~ " Sewer MaID ~-3g.w ,~till L.F. of " eve:...-Sewer MaID L.F. of , Sewer MaID 'I-each of N~ .. Dian>eta Manholes each of .. Diameter Manholes each of .. Diameter Manholes STORM DRAINAGE SYSTEM: ~ Size ~ L.P.of ~ " Storm Line K-'3WJ!J L.F.of .. StOlDlLine L.F. of f-5 " II Storm Line each of " storm Inlet/Outlet /.(0 each of -" :r:-storm Catch Basin I each of <I!') , 'l!--Manhole STREET IMPROVEMENTS: ~IUding CInb, Gutter, Sidewalk, Asphalt Pavement) CInb, Gutter, Sidewalk J 0 L.F. Asphalt Pavement: Z3&O SY or L.F. of Width STREET LIGHTING: :=; # of Poles By this conveyanoe, Grantor will warrant and defeod the sale bereby made unto the Grantee against all and every person or ~ns, _.cr. lawfully claiming or to claim the same. This con~eyanoe shall bind ~~ he~ ~ecutors, admimstrators and .... gns forever. h'Xc-.r ; --i :? aU H:\FILE.SYS\FRM\S4I1NDOU1\BILLSALE.DOCIMAB Pagel Hoary Seal liliiii be _ """ t.betbelReaDd .ulwtaylCtof_ CD.IIJ'QILf11r_OT~ STA TB 01' WASIIIIfGroN ) SS COUNTY 0Jl1UNG ) onlhi. dayo! .19--->-.. .... .,.. .4011y...,.....s ~----------------------------~---~ .... ~~ be of!be o:aJtIIDIioa IboI _ dae WiiIIiIi _-=wi, ........ w .... tho Aid iDstnImoat 10 be IbolRe aDd vo-,lCI.deedofaoid _-. ..... ""'_II1II_ ........ menIioned, II1II_ ... oath IIIIaI tboI ho'lbo .... _lad to __ Aid __ II1II thor lite sooI_ is dae """"'"'" sooI of Aid COijMotioo. Notary Public in and fill' the SIau. ofWubington No~~, ______________________ __ MyappOOubwmt9pmm:, ____________________ __ Da.ted: Page 2 WM@N Wff"flfir;tD RETURN TO: CiIf!li# IIi Iili' CIty Clerk R/!jl'\l{!tl t;liy Hall 1tl5~ SIliJ\Ij Grady W8'/ Renten, WI;. IIIIOM 1(11111111111111 CITY OF §N~!C! 4000286 PAGE881 OF 838 78,88 87/14/288& 89'49 ICING COUNTY, UA COVER SHEET Ridgeview Court, LLC @ PO Box 2401 Kirkland, W A 98083 Please print or ty~e information. Document Title(s) or transactions contained therein): 1. Declarations of Covenants, Conditions, & Restrictions 2. Reference Number(s) or Documents assigned or released: (on page of Document(s» Grantor(s) (Last name first, then first name and initials) 1. Ridgeview Ct LLC 2. 3. Additional N ames on paj!e of document. Grantee(s) (Last name first, then first name and initials) 1. 2. 3. Additional Names oupage of document. Legal Description (abbreviated: i.e. Lot, block, plat or section, township, range) See Exhibit A Additional legal is on page 32 of document Assessor's Property Tax Parcel/Account Number 518210-0042 Additional legal is on page of document The AuditorlRecorded will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided within. DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF RIDGEVIEW COURT RENTON, WASHINGTON TABLE OF CONTENTS Page DESCRIPTION OF THE LAND 1 ARTICLE 1 INTERPRETATION 1.1 Liberal Construction ------------------._--- 1.2 1.3 Covenant Running with Land _________________________________ I Declarant is()riginaIOwrler_ __ ___ __ _ _ _ _ __ _ _ _ _ _ _ 2 1.4 Captions __ _____________________________________________ 2 1.5 Definitions 2 ------------------------ 1.6 Percentage of Mortgagees __________________________________________ 3 1.7 Percentage of Owners 3 ARTICLE 2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment 3.2 Delegation of Use ARTICLE 4 OWNERS ASSOCIATION 4.1 Establishment ------------------- 4 5 5 4.2 4.3 4.3.2 4.4 4.4.1 4.4.2 4.5 Form of Association 5 ----_._------------------------------------------ Membership ___ . _ __ __ ___ __ __ ___ __ _ ___ ___ ___________ 5 Transfer of Membership ____________________________________________ 5 Voting__ ___ _ ____ ___ ___ __ ______ __ _ ____________________________ 6 Classes of Voting Membership _____________________ 6 Number of Votes 6 - - ----------------------------------------------- Bylaws of Association 6 ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development ___________ _________ ________ 6 5.2 Management by Declarant _________________________________________ 6 5.3 Management by Elected Board of Directors 5.4 Authority and Duties oftbe Board 5.4.1 Assessments 5.4.2 5.4.3 5.4.4 5.4.5 5.4.6 5.4.7 5.4.8 5.4.9 5.4.10 Services Utilities Insurance - - - - - -------------- --------------------------------------------- Maintenance and Repair of Common Areas Maintenance of Rights of Way, etc Fences, Landscaping, etc Enforce Declaration ----------------------------------- Contracting & Payment for Materials, Services, etc. Attorney-in-Fact ________ ... ___________________________ _ 7 7 7 7 7 7 7 8 8 8 8 8 Borrowing of Funds ....................... . -~ --------5.4.11 5.4.12 5.4.13 Adoption of Rules and Regulation, Fines Additional Powers of Association ----------------------_. ARTICLE 6 ARCHITECTUAL CONTROL 6.1 Construction and Exterior Alteration or Repair 6.2 Sales Facilities of Declarant 6.3 6.4 Variances Appeals ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Maintenance of Lots 7.2 Residential Use Restriction on Further Subdivision Rental Lots Zoning Regulations ........................ . Business Use . ---------.-----------------------.----------------------- 8 8 9 9 II I I II 12 12 12 12 13 13 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 Building Setback Requirements ..................................... 13 Oil and Mining Operations .......................................... 13 Catch Basin 13 Lot Size 13 Garages .................................................. '.'" 13 Square Footage ............................. . 13 Mobile or Manufactured Housing ................................... 14 Driveway Standards Parking ........................ . Roof Exterior Finish Utilities Antenna ---------- --------- -------------------- - -------------------- 14 14 14 14 14 15 7.20 Fencing .............................. . ...................... 15 7.21 Fireplace Chimneys.................. ................... 15 7.22 Garbage and Refuse .......... .................. ................. 15 7.23 Games and Play Structures .......................................... 15 7.24 Construction of Significant Recreation Facilities .............. 15 7.25 Livestock and Poultry ............................................... 16 7.26 Landscaping ........................ . ....................... 16 7.27 Signs ......................................... ..... 16 7.28 Temporary Structures . ............ . .......................... 16 7.29 Completion of Construction ......................................... 16 7.30 Easements 16 -----------._--------------------------------------.----------- 7.31 Use During Construction............. .... .......... ..... ... ........ 17 7.32 Excavations 17 7.33 7.34 Nuisances ------------------ Cloths Lines, Other Structures II 17 17 7.35 7.36 7.37 7.38 Common Drives Building Height Storm Runoff -------.. --._----------------------.-.. -... _ .. -.- Storm Detention Operations and Maintenance ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 17 17 17 17 8.1 Creation of the Lien & Personal Obligation of Assessments 18 8.2 Uniform Rate 18 ----------------------.. ------------------_. 8.3 Initial Assessment Amount 18 8.4 8.4.1 8.4.2 8.4.3 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 Limitation on Annual Assessment Amount 18 - - - - - ---. -- Board Authority __ _ __ _ __ _ _ _ __ ___ ___ _ _ _ _ _ _ ___ _ ___ ___ 18 Annual Increase in Dollar Limit Owner Approval Required Manner and Time of Payment Accounts Lien Waiver of Homestead - - --. --_._-------------. ----------------- ----- 19 19 19 19 19 20 Continuing Liability for Assessments ___________________________ 20 Records, Financial Statements 20 Certificate of Assessment -----------.------------------------- Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20 20 Curing of Default__ __ ___ __ __ ___ ____ __ ____ _ _ _ _ _ _______________ 21 Omission of Assessment 21 -----------. -_. ----------------------------- Assessment Deposit ___________________________________________ 21 Exempt Property __________ ___________________ ___________ ______ 21 Effect of Legal Proceedings 22 ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement 22 -._-------------------------.------------------------ 9.1.1 Compliance of Owner . _________________________________________ 22 9.1.2 Compliance of Lessee ______________________________________ 22 9_1.3 Attorney's Fees ____________________________________________________ 22 9.2 No Waiver of Strict Performance -------------------.. _-------- 9.3 Right of Entry __ ___________________ _ 9.4 Remedies Cumulative ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liability ________________________________ _ 10.2 Indemnification of Board Members ARTICLE 11 MORTGAGEE PROTECTION I Ll Priority of Mortgagee ________ _ I 1.2 Effect of Declaration Amendments 11.3 Right of Lien Holder III 23 23 23 23 23 24 24 24 11.4 Change in Manner of Architectural Review & Maintenance 11.5 11.6 Within Project Copies of Notices Furnishing of Documents ARTICLES 12 EASEMENTS 12.1 Association Functions 12.2 12.3 12.4 Easements Over Common Areas Access to Public Streets Utility Easements ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants --.. _-------------- 13.2 Abandonment of Subdivision Status . - - - - - - - - - - --. ------- .. _----------.---------- --------------- ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 25 25 25 25 25 25 25 26 26 14.1 Declaration Amendment 26 ------~-------------------. ------ --_. -.-. 14.2 Plat Map ...... ... ....................... . ........... 27 14.3 Amendments to Conform to Construction 27 ----------------------- 14.4 Amendments to Conform to Lending Institution Guidelines 27 14.5 Article 16 Amendments 27 ARTICLE 15 INSURANCE 15.1 Insurance 28 ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant .................... 28 16.2 Non-Declarant Annexations 29 ------------ 16.3 Common Areas Within Additional Lands 29 ARTICLE 17 MISCELLANEOUS 17.1 Notices 29 ---------------------------------._.---------------------- 17.2 Conveyances, Notice Required ................ . ............. 29 17.3 Successor and Assigns ........................................ . 17.4 Joint and Several Liability ............................... . 17.5 Mortgagee's Acceptance .............................. . 17.5.1 Priority of Mortgage .................. ......... . 17.5.2 Acceptance Upon First Conveyance 17.6 Severability 17.7 Effective Date ----_. -------.------------- 17.8 Government Right of Access IV 30 30 30 30 30 30 30 30 DECLARATION OF COVENANTS, CONDITIONS AND RESTRlCTIONS OF RIDGEVIEW COURT RENTON, WASHINGTON THIS DECLARATION is made this d q DAY OF}""\A"-C>J:.::cL=-___ 200~, by the undersigned RIDGEVIEW COURT, LLC DESCRIPTION OF THE LAND A. RIDGEVIEW COURT, LLC owns certain real property located within the State of Washington, which property and improvements are commonly known as the plat of RIDGEVIEW COURT, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Project"), All Common Areas of the Project are shown on the Plat Maps recorded in conjunction with tlris Declaration. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase loans secured by Lots within the Project, RIDGEVIEW COURT, LLC agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, RIDGEVIEW COURT, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Ridgeview Court, LLC, their respective successors, heirs, executors, administrators, devisees or assigns. 1 1.3 Declarant is Original Owner. Ridgeview Court, LLC is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "ACC" shall mean the Architectural Control Committee provided for in Article 6. 1.5.2 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.3 "Board" shall mean the Board of Directors ofthe Association provided for in Article 5. 1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a government entity) all Common Areas described on the Plat Map; Project entry sign(s) and landscaping, planter islands and planted medians on roads or cul-de-sacs, and mailbox stands serving more then one Lot. 1.5.6 "Declarant" shall mean RIDGEVIEW COURT, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.7 "Declaration" shall mean this declaration and any amendments thereto. 1.5.8 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 1.5.9 "Lot" shall mean and refer to any plot ofland shown upon any recorded Plat Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as tenants in 2 common, nor included any land shown on a Plat Map but dedicated to the public or to a government entity. 1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion ofthe vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.13 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.14 "Proj ect" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat Maps depict the layout ofthe Lots on the Project. 1.5.16 "Plat" shall mean and refer to the plat of RIDGEVIEW COURT as recorded in Volwne __ of Plats, Pages _ through _, Records; of King County, State of Washington, under Recording No. _________ _ 1.6 Percentage of Mort!!a!!ees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 3 ARTICLE 2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area. All Common Areas shall be owned by the Association. The Common Area shall exclude those portions of common areas (and improvements thereto) which have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes be under the control, management and administration of the Declarant until all Class B membership (as defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive right, in common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following prOVISIOns: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area. 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment against such Owner's Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non- payment of an assessment, upon the request of the Declarant. 3.1.4 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. 3.1.5 The right of the Association to limit the number of guests of members. 3.1.6 The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving 4 the Common Area and facilities and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, ifnecessary, to open the enjoyment of such properties to the public. 3.1.8 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), hislhcr right of enjoyment of the Common Area and facilities to the members of his/her family, or hislher tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to hislher temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called RIDGEVIEW COURT HOMEOWNERS' ASSOClA nON (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions ofthe Declaration shall prevail. 4.3 Membership. 4.3.1 Oualification. Each Owner of a Lot in the Project (including Declarant) shall be a member ofthe Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. 5 4.4 Voting. 4.4. I Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to (I 0) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against the combined number. If Declarant elects to annex Additional Lands pursuant to Section 16. I, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of anyone Lot shall be (1) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLES MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions ofthis Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not be bound directly or indirectly to any contracts or leases without the right of termination exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract. 6 53 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of those portions of the Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve sha1l be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. 5.4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board sha1l determine are necessary or proper for the operation of the Common Area, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Area. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Area casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article IS. 5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of painting, maintenance, repair of all landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable 7 governmental laws, rules and regulation and the provisions of this Declaration. The foregoing shall include the cost of maintaining, repairing and replacing mailbox stands that serve more tben one (1) Lot, and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine arc necessary and proper. 5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining and landscaping of rights of way, traffic islands and medians, or other similar areas which are not part of the Lots or Common Area but which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and interior fences, if any, and landscaping and improvements on easements, if any, which are located on or across Lots, provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adj acent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.9 Contracting and Payment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his/her attorney·in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Areas, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.4.12 Adoption of Rules and Regulation: Fines. When and to the extent deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to 8 the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other structures) to be constructed within the Project, and all exterior alterations and repairs (including, but not limited to, re-roofing or repainting) of any buildings or structures on the Project and visible from any public street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the Board, at least two (2) of whom shall be Board members; provided, that so long as Declarant owns any Lots within the Project, Declarant at its option may exercise all of the rights and powers of the Board under Section 6.1 including without limitation the appointment of members of the ACe. References in the Article 6 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC along with a written request for approval signed by the Owner. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved exterior modifications. 6.1.2 The ACC will review all requests for approval of construction, alteration or repair for quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and for location of the building with respect to topography, finish grade elevation and building setback restrictions. 9 6.1.3 In the event the ACC fails to approve or disapprove such request within thirty (30) days after all required plans and specifications have been submitted to it, such approval shall be deemed given by the ACe. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starting date. Construction, alteration or repair shall not be started until written approval thereof is given by the ACe. 6.1.5 The ACC may require that said plans or specifications be prepared by an architect or a competent house designer, approved by the ACe. One complete set of said plans and specifications shall in each case be delivered to and permanently retained by the ACe. All buildings or structures (including but not limited to garden sheds) shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACe. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1.6 In so passing such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to be erected, the hannony thereof with the surroundings, and the effect or impairment that said structure will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's opinion, could affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all the properties located in close proximity. The enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth therein for all buildings and structures. 6.1.8 The ACC shall have the right to require, at a Lot Owner's expense, the trimming or topping (or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view Of access to sunlight of another Lot. 10 6.1.9 The ACC shall have the right to specify precisely the size, color and style of mailboxes, and of the post or support on which such mailboxes arc affixed, and their location within the Project, whether or not such mailbox stand is a Common Area, all with the approval of the Postmaster (if required). 6.1.10 Approval by the ACC is independent of, in addition to, and not to be construed as a representation as to compliance with, any requirements for a permit, license or other approval by the City of Renton or other applicable governmental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such governmental approvals. 6.1.11 Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restriction of this Section 6.1 as to any Lot owned by Declarant, whether or not any Class B membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.2 Sales Facilities of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant (and its agents, employees and contractors) shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sale opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant. 6.3 Variances. So long as Declarant owns any Lot, the Board may in its reasonable discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7, thereafter, the Board may, upon written request of an Owner, grant a variance from the requirements of Article 7 only in cases where, because of the physical characteristics of the Lot, strict enforcement would result in an unnecessary hardship. The Board may only grant a variance from the provisions of sections 7.11 through 7.17, 7.19 through 7.21,7.23, 7.29,or7.36. The Board's authority to grant such a variance shall not be delegated to the ACC. Prior to granting such a variance, the Board shall hold an open hearing at which other Owners may comment. At least fifteen (15) days prior to such hearing, the Board shall give written notice of the nature of the requested variance to the Owner of each Lot immediately adjacent to the Lot for which the variance is requested, to other Owners that would reasonably be affected by the variance, and by requiring the Owner requesting the variance to post a notice on such Owner's Lot in a form reasonably satisfactory to the Board. 6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the Board by written notice within sixty (60) days after the ACC's written decision. The Board will review the ACC decision at the Board's next regularly scheduled meeting (but in any event not later than thirty (30) days after receipt ofthe notice of appeal). The 11 Board shall give written notice to the appealing Owner of the time and place of such meeting at least five (5) days in advance. ARTICLE 7 USE AND MAINTENACE OBLIGATION OF OWNERS 7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.4.6, 5.4.7 and 12.4, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulation and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent the Owner [rom leasing a Lot and improvements subject to all o[the provisions of the Declaration. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided and sold or resold, nor ownership changed or transferred whereby the ownership of any portion ofthis Project shall be less than the area required for the use district in which located, provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Rental Lots. 7.4.1 With respect to the leasing, renting, or creating of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term ofless than six (6) months, and all leasing or rental agreements shall be in writing, and shall be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 If a Lot or Home is rented by its Owner, the Board on behalf of the Association may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the 12 Owner or the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights that a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no restrictions on the right of an Owner to lease or otherwise rent such Owner's Lot or Home. 7.5 Zoning Regulations. Zoning regulations, bUilding regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. 7.6 Business Usc. No business of any kind shaJl be conducted on any Lot with the exception of (a) the business of Declarant in developing and selling all of the Lots, and (b) such home occupation as may be permitted by the appropriate local government and which is not otherwise in violation of the provisions ofthis Declaration. 7.7 Building Setback Requirements. All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. No building or other structure shall be located within any building setback line shown on the Plat Map. 7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15 th of each calendar year. 7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a Lot area of less than that required by the government entity having appropriate jurisdiction over the Project. 7.11 Garages. Every Home must have a garage capable of holding at least two full-size cars, but no more than three full-size vehicles (any car, boat, recreational vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a manner that the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent Lots or Common Areas. 7.12 Square Footage. Each single-family residence must include a minimum of 1,400 square feet for single story Homes and 1,600 square feet for two-story Homes, excluding garage, porches and decks. 13 7.13 Mobile or Mannfactured Housing. Custom desih'l1S by licensed architects shall be strongly encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited at the discretion of the ACe. The ACC may refuse to approve a plan based on design or repetitive use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7.14 Driveway Standards. All driveways shall be constructed of concrete with a minimum of aggregate finish or other material approved by ACe. 7.15 Parking. Unless substantially screened from view from the street or from the ground level of adjacent Lots and Common Area in a manner reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or street for a cumulative period in excess of fourteen (14) days in any (1) calendar year. No motor vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area, provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in any right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72) hours. The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this Declaration, the Association may levy fines or have vehicles that are parked in violation of this Section towed and impounded at the Owner's expense. 7.16 Roof. The exterior of all roofs shall be composed of materials approved by ACC. All roofs must have a pitch of at least 4112 (four on twelve), unless approved by the ACC based on considerations regarding a specific Lot. Under no circumstances are flat roofs allowed. Roofmaterial shall be at least twenty-five (25) year composition asphalt shingle, color approved by ACC, and by a manufacturer approved and accepted by ACe. 7.17 Exterior Finish. The exterior of each Home shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping ofthe Project. All exterior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. Homes and other structures may be finished in vinyl siding if approved by the ACC. 7.18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of any kind shall be maintained above ground unless properly screened in a manner acceptable to the ACe. All Lots shall be served by public water and sewer. No wells or septic systems shall be constructed or maintained on any Lot. 14 7,19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved in writing by the ACe. As a condition of approval the ACC may require reasonable shielding of such antenna, satellite dish or equipment from view from the street and the ground level of adjacent Lots or Common Areas, In no event shall any satellite dish or similar antenna greater then one (1) meter in diameter be permitted. 7.20 Fencing. Fences may only be placed along the rear property line (except any area within a Natural Greenbelt Protective Easement), along the front building line, and from the front building line to the rear Lot line (except any area within a Natural Greenbelt Protective Easement), cannot exceed six (6) feet in height above the ground, under no circumstances may obstruct view from any other Lot, must be constructed of wood approved by the ACe. Hedges or other solid screen planting may be used as Lot line barriers subject to the same height restrictions as fences, No chain-link fences shall be permitted on a Lot. No fence, wall or hedge shall be permitted on a Lot any nearer to any street then a building is permitted under Section 7,7, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining waiL 7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material approved by the ACC and as otherwise required by this Declaration, 7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day, All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, No building material of any kind shall be place or stored on any property within the Project until the Lot Owner is ready to commence construction, and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pick-up, All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably screened from view from the street and from the ground level of adjacent Lots and Common Areas, 7,23 Games & Play Structures. No deck, platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of the residence constructed thereon, and any such structure must have prior approval of the ACC. No basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or street. 7,24 Construction of Significant Recreation Facilities. The construction of any significant recreational facilities on any Lot including, but not limited to, such items 15 as swimming pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACe. 7.25 Livestock and Poultry. No animals or reptiles of any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more then two (2) dogs. 7.26 Landscaping. All cleared areas between the front building line and the street shall be fully landscaped within thirty (30) days, depending on weather conditions, ofthe time when Home is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards within nine (9) months of occupancy unless a longer time is approved by the ACe. 7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted, painted or displayed on any Lot or Common Area whatsoever, except for public notices by political divisions ofthe State or Country or as required by law. Any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the Project only with prior approval from the ACe. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale" sign on the Lot, provided such sign complies with any rules published by the ACC. 7.28 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the Project shall at any time be used as a residence, even temporarily. No building or structure shall be moved on to the Project from any land outside the Project. A trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC. A construction shack may be used by an Owner's construction contractor during the construction period. 7.29 Completion of Construction. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or staining, and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by the ACe. 7.30 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise provided in Section 12.4, any easement or portion thereoflocated on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 16 7.31 Use During Construction. Except with the approval of the ACC, no person shall reside in any structure on any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection ofthe dwelling unit by the City of Renton Building Department or other applicable government official. 7.32 Excavations. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation shall be made nor shall any dirt be removed from or added to any Lot. Except with permission of ACC, no retaining wall of more then four feet (4) in height (exposed height) may be constructed on any Lot. 7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be permitted or maintained upon any Lot or upon any other portion of the Project. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7.34 Clothes Lines, Other Structures. No clothes lines or other structures of a similar nature shall be visible from any street or the ground level of any adjacent Lot or Common Area. 7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon of therein except by express written consent of the Board. 7.36 Building Height. Except with the permission of the ACC, no building height shall exceed thirty (30) feet, as measured from the lowest floor elevation of the house (either garage floor or living area floor) to the maximum point of the roof. 7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 7.38 Storm Detention Operations and Maintenance. It is the responsibility of the Association to maintain the detention and water quality system and emergency access roads, if any, until such time that those improvements are deeded or sold to a government agency, which will assume maintenance and responsibility of such improvements. These covenants may not be amended to eliminate the requirements to maintain the common area, including storm water facilities, private roadways and other common areas, or permitting conveyance of those features to a third party without the written permission ofthe City of Renton. 17 ARITCLE 8 COMMON EXPENSES AND ASSESSMENTS 8.1 Creation ofthe Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation ofthe person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to the title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable for installments that become due on and after said date. 8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for cost incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time ofhislher purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of$150.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 8 and shall be for the purpose ofreimbursing the Declarant and/or Association for maintenance and operating expenses of and for the Common Areas during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liable for any initial assessments assessed or due so long as Declarant owns any Lot. 8.4 Limitation on Annual Assessment Amount. 8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year 18 totaling not more then $250.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 8.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 8.4.1 shall not be increased by more than fifteen percent (15%) without the approval ofa majority of the Lot Owners voting at a meeting duly called for such purpose. 8.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 8.5 Manner and Time of Payment. Assessments shall bc payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent (\5%), and the Board may also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (\ 5) days. 8.6 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.7 Lien. In the event any assessment or installment thereofremains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Proj ect is located. Such claim of lien may be filed at any time at least fifteen (\ 5) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as 19 provided in Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without forcclosure or waiver of the lien securing the same. 8.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.9 Continuing Liability for Assessments. No Owner may exempt himself/herselffrom liability for his/her Assessments by abandonment ofhislher Lot. 8.10 Records, Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 8.11 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date ofthe certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of hislher encumbrance. 8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 20 8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and record cd in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, latc charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (1) annual assessment, plus either one (l) special assessment if special assessments are payable on an annual basis, or three (3) special assessment installments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (10) days or more delinquent in paying hislher assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 8.16 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 8.16.1 All properties dedicated to and accepted by a governmental entity, 21 8.16.2 All Common Areas, and 8.16.3 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and which are devoted to dwelling use, shall not be exempted from said assessments. 8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on hislher own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration. 9.1.2 Compliance of Lessee. Each Owner who shall rent or lease hislher Lot shall insure that the lease or rental agreement is in writing and subject to the terms ofthis Declaration, Articles ofIncorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 22 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence arc covered by insurance or bonds obtained by the Board pursuant to this Declaration. 10.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein 23 such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation oflaw in the performance ofhis/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligation assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all ofthe Lot Owners including such possessor, its successor and assigns. 11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent provIsIOns. 11.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 24 11.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and seventy-five percent (75%) of all Owners (other than Declarant) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep oflawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices. [fthe first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an OwnerlMortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration. 11.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12 EASEMENTS 12.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lo! Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project, provided, however, that no easement shall be granted within any Native Growth Protection Area or Native Growth Protection Easement. 12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 12.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, 25 underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (!O) years each, unless an instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or terminating this Declaration. 13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100%) of all first Mortgagees (based upon one (I) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five (75%) of all the Owners and seventy- five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Areas, insurance or bonds; use of Common Areas, responsibility for maintenance or repairs, expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Lots into common Areas or vice versa; dedicating or transferring all or any part of the Common Area to any public agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the interests in Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a 26 written request to approve an amendment shall be deemed to have approved the request. In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate govcmmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. 14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the Declaration adopted as provided for in Section 14.1, the Plat Map may be amended by revised versions or revised portions thereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to !he Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental office where real estate conveyances are recorded for the county in which the Project is located. 14.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided for in Article 16 shall be approved and recorded as an amendment to this Declaration as provided in this Article 14. 27 ARTICLE 15 INSURANCE 15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Area (and Common Area improvements), if any, including common personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or placement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 16 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality, or (iii) is available for the use or benefit ofthe Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent ofthe members of the Association. 28 16.2 Non-Declarant Annexation. Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1 16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall he available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project. ARTICLE 17 MISCELLANEOUS 17.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) Ifto an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or ifno such address is filed, then to the address of the Owner's Lot. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice ofthe address ofthe Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 17.2 Conveyance, Notice Required. The right of an Owner to sell, transfer, or otherwise convey hislher Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notice the purchaser, the title insurance company, and the closing agent of the amount 29 of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 17.3 Successor and Assigns, This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 17.4 Joint and Several Liability, In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 17.5 Mortgagee's Acceptance. 17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 17.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance ofthe provisions of this Declaration and acknowledgment that this Declaration is binding upon all ofthe Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 17.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 7.7 Effective Date. The Declaration shall take effect upon recording. 17.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 30 IN WITNESS WEREOF RIDGEVIEW COURT, LLC have executed this Declaration the day and year first hereinabove written RIDGEVIEW COURT, LLC a Washington limited Ii bility company By: STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the ~.,\o..(.\--\=> 1AJ<2J..:>e. \ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the MANAGER of RIDGEVIEW COURT, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED t.. g.. " ,200y ~~;jJ~ Print Name: (r1:ct..e(L. L e4rZ/c NOTARY PUBLIC in and for the State of Washington, residing at T2.(C) "'" Old rAJA ( My Appointment expires: ~.;)'7. Ot? 31 EXHIBIT A Legal Description of tbe Project Lots 1-20 of RIDGEVIEW COURT as recorded in Volume..05 of Plats, Pages fIJi through _, Records of King County, State of Washington, under Recording No. dOo" oZlfo06'?!'2.5 " . '.~ 32 J\U PRIVATE AIX£$S, U11UTY AHD .... m EA$DIEHTS »10 snlRIot CIRAIIWlE: S'I'S'lnIS NID ~ Ii 1M$" I'lAI N1E. HERE8l' DEDICAtED to lHt: IIIDGE'I£W COO'I'T ~ A.SSOa.\.1XK 'ftIE ~ ~llOH IIU. lIE IIESF'GISIIlE nlft THE IlAH1awta: OF ~ N«J ~ 'MMN SAIl , .. "' .. " .. CD ~~ ~tt~ = %.,~s~~ ~~ors Ie DRMlAGE STS~ OCH£f1T1NG LOTS ,~ MID 20. !j' ""WE PRIVATE ~ DR,o,wAGE rASIJ,oIOIT 0\101 Lon; ~ ,.t.N[) J SHOWN HEREON CONT""":; ~ PRlV"TE STIH.I ORAl'lAG( STSTO.! BUifflTl/>lQ LOTS 1 AND 2. eY ~~':~~~~h:n~Lg'i~~TO,,~[ H'tOR.vIT. THr cnr Of RENTON IS 1l£REB,( RESPONSIIllE: fOR Jl![ t.!AJNTEtiANC£ OF TH£ PlJ9l.JC "'ATER /o.PPURTEN".f'ICES WITHIN SAD £ASOIEtH. SlOE DETAIL 'J<' ON 5liffT 4 Of" •. o ~~~IfII~ ::io"~~r~~ ~~~J" L~~1.o~~. ® ~~·TS~~ ~v;uc~n&~~~~o~.%T fVEA @ o RIDGEVIEW COURT L.u/106·0/2. NW4. KING SEC. 15. TWP. 23N. R. 5E. W.M. NW4. COUNTY. CITY OF RENTON. WASHINGTON LEGEND ~ iG " "?'" o '''''' 5£1 WON IN CASE. P£R cTY OF RENTON ST~DAAO SET 1/2" • 24" REBAR W/CM'. LS lO4+4 UTIUTY .II: SWEWALK ~r EASEMENT NOTES @ to~ 4~r: e~~~TE1 ~~~~~ 19~; ~ •. " 21]' WIPE PUIlUC unuTY EASEMENT 0Il0l LOlS 4. !5. 8, "'NO 7 FOR SoVlITAAY SEIlER IS tEl!EUy RESERYEl) fOR '*10 GRANTED TO THE alY OF ROUCH Fa! I'IJRf'OSES Of CONSlR\JCTlNG, RECONSTRIJCTING, OP£RATlNG ,o.tI[l I.!AlNT-""IING ll"E SoI"IITARY SEWER sY51Do1, TOG:€TI<ER -"lTH '!HE FIIGlT Of IN<JRESS AND EGRESS FOIl: SVCH PURPOse>. THIS EASEMENT SIiAU Il:E: fR[[ FIla.. ...u. PERMANENT STRUCTl..ftES OR OlHER SlRUCTUAE:S. SUQi AS C{)\ofl!fiI PAIQ(ING, D£CI( ~cs.. SHmS, ETC.. \HOI INlDIFERE WITH CITY Of ~TOH WA1DI AND WAS'lEWA'!ER .._TENANC£ "'110 R[PoOJR RE$P'()I-ISl9IlJIlES ® to~' l~tiZA~~ ~fiE~~ ~ ~~T F:~~~ST I~S. 16 AHO 17. @ ~;('~CREWI-I,l.~ ~:.:::r:\~~~~~r~ lHl WATER BLOW-OfT VAt\{[. THE CIT'( OF RENT~ IS HEREElY R£SPONSlI3lE fOR. THE MM>I~"'IIa. Of lH£ f'V!ltJC WAT(H APPlJRTtNAllCES IfIITHIN SAJO EASfIdOiT SEE OE:T,l.IL .C' ON SHEET ~ Of ~ " " w , I IIfCH _:110 n. -----r----- 10' (USE) ...... 145 •• +47 Sf " PLAT NO. LUA-04-131-FP 0312 3 Of 4- qryplataddress 0610112006 LOT STREE STR STREET NAME SUBDIV 1 301 BREMERTON AVE N RIDGEVIEW COURT PLAT 2 307 BREMERTON AVE N RIDGEVIEW COURT PLAT 3 313 BREMERTON AVE N RIDGEVIEW COURT PLAT 4 4421 NE 3RDLN RIDGEVIEW COURT PLAT 5 4417 NE 3RDLN RIDGEVIEW COURT PLAT 6 4413 NE 3RD LN RIDGEVIEW COURT PLAT 7 4409 NE 3RD LN RIDGEVIEW COURT PLAT 8 4403 NE 3RD LN RIDGEVIEW COURT PLAT 9 318 ANACORTES AVE NE RIDGEVIEW COURT PLAT 10 324 ANACORTES AVE NE RIDGEVIEW COURT PLAT 11 330 ANACORTES AVE NE RIDGEVIEW COURT PLAT 12 336 ANACORTES AVE NE RIDGEVIEW COURT PLAT 13 342 ANACORTES AVE NE RIDGEVIEW COURT PLAT 14 4408 NE 3RD LN RIDGEVIEW COURT PLAT 15 4412 NE 3RD LN RIDGEVIEW COURT PLAT 16 4416 NE 3RDLN RIDGEVIEW COURT PLAT 17 4420 NE 3RD LN RIDGEVIEW COURT PLAT 18 325 BREMERTON AVE N RIDGEVIEW COURT PLAT 19 331 BREMERTON AVE N RIDGEVIEW COURT PLAT 20 337 BREMERTON AVE N RIDGEVIEW COURT PLAT Page 1 ;;: .,.: . June 28, 2006 Cliff Williams, PE Ridgeview Court, LLC PO Box 2401 Kirkland, W A 98083 CIT Re: Ridgeview Court Final Plat; File No. LUA-06-012 Dear Applicant, OF RENTON City Clerk Bonnie I. Walton At the regular Council meeting of June 26, 2006, the Renton City Council approved the referenced final plat by adopting Resolution No. 3823. A copy of the resolution is enclosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker Council President Randy Corman Michael Dotson, Development Services Division -1-05-5-S-o-uth-a-ra-dy-W-ay--R-e-n-'o-n,-W-ash-j-ngt-o-n-9-8-0-SS---(4-2-S)-4-3-0--6S-1-O-/-FAX--(4-2-S)-4-3-0--6S-1-6-~ * ThiS paper =nt.'lins 50% recycled matenal, 30% post consumer AHEAD OF THF. CU ({VE CITY OF RENTON, WASHINGTON RESOLUTION NO. 3823 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (RIDGEVIEW COURT PLAT; FILE NO. LUA-06-012FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanninglBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanningIBuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTIONIL The final plat approved by the PlanninglBuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as iffully set forth 1 RESOLUTION NO. 3823 (The property, consisting of approximately 2.4 acres, is located in the vicinity of 327 Bremerton Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the PlanningIBuildinglPublic Works Department dated April 10, 2006. PASSED BY TIlE CITY COUNCIL this 26th day of_-----=J-=uc:-=-n-=--e ___ -', 2006. Bonnie I. Walton, City Clerk APPROVED BY TIlE MAYOR this 26th day of_------'J"'u"'nwe"------____ ----->, 2006. Kathy Keo er, Mayor RES.II73 :4111106:ma 2 • RESOLUTION NO. 38 r. 'I,.. . ExhibitA Legal Description THE sourn HALF OF urn EAST HALF OF THE NORTHEAST QUARTER OF THE NORTIIWEST QUARTER OF THE NORTHWEST QUARTER OF SECI'ION 15, TOWNSHIP 23 NORm, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASmNGTON; EXCEPT THE EAST 7.5 FEET OF THE SAID TRACT, EXCEPT ALL COAL AND MINERAL RIGIITS AS CONTAINED IN RESERVATION OF RECORD, AND KNOWN AS A PORTION OF TRACT 4, OF MARTIN'S ACRE TRACTS, AN UNRECORDED PLAT: EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEED RECORDED DECEMBER 1, 2005 UNDER REC. NO. 20051201001359. ... RESOLUTION NO. 38_ VICINITY MAP N.T.S. 0 ~'3 't> S SV w z w > if) « w I z > 0 « z -C => -• RENTON 0Cl I") N£ 6th ST. ~ , NE 4th St. S-",· z -":/} 0 ~<v SITE LOeA TION ",)/ I-trw wz ::2 ww tr> m« June 26, 2006 Human Resources: 2006 Group Health Cooperative Medical Coverage Contracts CAG: 05-164, Henry Moses Aquatic Center Lighting Improvements, Scott's Electric Service RESOLUTIONS AND ORDINANCES Resolution #3823 Plat: Ridgeview Court, Bremerton Ave NE" FP-06-012 Resolution #3824 Planning: 2005 Countywide Planning Policies Amendments Resolution #3825 Transportation: Hardie Ave SW Improvements, WSDOT Grant Resolution #3826 TransportatIOn: Raimer Ave (4th to 2nd) Improvements, WSDOT Grant Renton City Council Minutes Page 226 Finance Committee Chair Persson presented a report recommending concurrence in the staffrecommendation to approve the annual renewal of the Group Health Cooperative medical coverage agreements as follows: LEOFF I (Law Enforcement Officers and Fire Fighters) employees (Contract No. 0390400); LEOFF I Retirees (Contract Nos. 0057500 and 4057500); and all other City of Renton covered employees (Contract No, 1162600). Funding was previously approved by Council in the 2006 Budget. The revisions are applicable to all four of the renewal contracts. As III prior years, Group Health does not send confirming contracts for signature until mid year. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contracts. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report regarding the bid award for the Henry Moses Aquatic Center Lighting Improvements Project. The Committee recommended concurrence in the staff recommendation to declare T. Miller Construction's bid as non-responsive, and award the project to the second lowest bidder, Scott's Electric Service, LLC, in the amount of $239,344.77. The Committee further recommended that the Mayor and City Clerk be authorized to sign the contract. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolutions were presented for reading and adoption: A resolution was read approving the Ridgeview Court Final Plat; approximately 2.4 acres located in the vicinity of 327 Bremerton Ave. NE. MOVED BY BRIERE, SECONDED BY CLA WSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read ratifying the amendments to the Countywide Planning Policies. MOVED BY BRIERE, SECONDED BY CLA WSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocaI cooperative agreement with the Washington State Department of Transportation to accept grant funds under a highways and local program State funding agreement for the SR-900 -Hardie Ave. SW to Rainier Ave. Project, for pedestrian and bicycle improvements. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative agreement with the Washington State Department of Transportation to accept grant funds under a highways and local program State funding agreement for Rainier Ave. pedestrian and bicycle improvements. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED, The following ordinance was presented for second and final reading and adoption: .June 26. 2006 ADMINISTRATIVE REPORT Solid Waste: Clean Sweep Program CONSENT AGENDA CouncIl Meeting Minutes of 6119/2006 Plat: RidgevIew Court, Bremerton Ave NE, FP-06-0 12 Planning: 2005 Countywide Planning Policies Amendments Pial: HIghlands Park, Vesta Ave SE, PP-05-124 CAG: 05-144, Benson Rd S, Dennis R Craig Construction Renton City Council Minutes Page 223 Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond, Items noted included: • Red, white, and blue decorations will adorn Gene Coulon Memorial Beach Park and spectacular fireworks will reflect off Lake Washington for the 2006 Freddie's Club of Renton Fabulous Fourth of July. The schedule of events kicks off mid-morning with the Chrome Classic July 4th Car Show, and culminates with a public fireworks display at 10:15 p,m, • The City will begin construction of the roadway and infrastructure improvements in support of The Landing project in July, with construction expected to be substantially completed by September 2007, • Over 50 Waste Management garbage trucks rolled through Renton neighborhoods last Saturday collecting everything from mattresses and furniture, to scrap wood and carpeting, This week, over 100 residents will have their appliances picked up at the curbside and recycled, Councilwoman Nelson noted the comments she received regarding the success of the garbage collection event last Saturday, and she thanked everyone involved for continuing the Clean Sweep program. In response to Councilman Clawson's inquiry regarding the scheduled curbside recycling of appliances, PlanninglBuilding/Public Works Administrator Gregg Zimmerman indicated that the deadline for residents to sign up and arrange for their appliances to be picked up was last week He offered his contact information, saying that he would find out if any after-deadline requests could be accommodated, Items on the consent agenda are adopted by one motion which follows the listing, Approval of Council meeting minutes of 6119/2006, Council concur. Development Services Division recommended approval, with conditions, of the Ridgeview Court Final Plat; 20 single-family lots on 2,4 acres located at Bremerton Ave, NE (FP-06-0 12). Council concur. (See page 226 for resolution.) EconomIc Development, Neighborhoods and Strategic Planning Department recommended adoption of a resoLution ratifying the 2005 amendments to the Growth Management Planning Council's Countywide Plannmg Policies, Council concur. (See page 226 for resolution,) Heanng Examiner recommended approval, WIth conditions, of the Highlands Park Preliminary Plat; 73 single-family lots on 18,13 acres located at 115 Vesta Ave, SE (PP-05-124), Council concur. Transportation Systems Division submitted CAG-05-144, Benson Rd. S. (Main Ave, S, to S, 26th St.); and requested approval of the project, authorization for final pay estimate in the amount of$121,479,87, commencement of 60-day lien period, and release of retain age in the amount of$24,271.05 to Dennis R. Craig Construction, inc" contractor, if all required releases are obtained, Council concur. L. {OF RENTON COUNCIL AGEND. _ ILL IAI# g.b Submitting Data: PlanningiBuildinglPublic Works DeptlDiv/Board .. Development Services Division Staff Contact... ... Mike Dotson X7304 Subject: Ridgeview Court Final Plat File Number: LVA 06-012 FP (preliminary Plat LUA 04-131) Exhibits: I. Resolution and legal description (with City Clerk) 2. Staff report and Recommendation Recommended Action: Council Concur Fiscal Impact: Expenditure Required ... Amount Budgeted ....... Total Project Budget N/A SUMMARY OF ACTION: For Agenda of: June 26, 2006 Agenda Status Consent. ............ .x Public Hearing .. Correspondence .. Ordinance ............. Resolution ........... .x Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept... ...... X Finance Dept... .. . Other.. ........... .. Transferl Amendment... .... Revenue Generated ......... City Share Total Project.. The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 2.39 acres into 20 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks, and street improvements. Design and construction of utilities, lighting, and pavement will be approved, accepted, or deferred (and a security device posted) as required prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Ridgeview Court Final Plat, LVA 06-012FP, with the following conditions and adopt the resolution. I. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. C:\Documcnts and Scttings\User\Desktop\Ridgeview Ct. agenda btll doc! ., CITY OF RENTON, WASHINGTON RESOLUTION NO. __ ~ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (RIDGEVIEW COURT PLAT; FILE NO. LUA-06-012FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth RESOLUTION NO. __ _ (The property, consisting of approximately 2.4 acres, is located in the vicinity of 327 Bremerton Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated April 10, 2006. PASSED BY THE CITY COUNCIL this ___ day of _______ , 2006. Bonnie r. Walton, City Clerk APPROVED BY THE MA YOR this ___ day of _________ , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. I 173:4/1 1I06:ma 2 · ExhibitA Legal Description 'tHE sourn HALF OF THE EAST HALF OF TIlE NORTIlEAST QUARTER OF THE NORTHWEST QUARTHR OF TIlE NORTIlWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 BAST, W.M., IN THE CTIY OF RENTON, KING COUN1Y, W ASHINGTONj EXCEPT TIlE EAST 7.5 FEET OF THE SAID TRACT, EXCEPT ALL COAL AND MINERALRIGIITS AS CONTAINED INRESBRVATION OF RECORD, AND KNOWN AS A PORTION OF TRACT 4, OF MARTIN'S ACRE TRAcrs, AN UNRECORDED PLAT: EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEED RECORDED DECEMBER 1. 2005 UNDER REC. NO. 20051201001359. VICINITY MAP N.T.S. 0 & ~Cj ';:; S sO w z w > III « w ~ > z « 0 z -C ~ T RENTON ::J OJ r<) NE 6th ST. ~ NE 4th St. s-"\· z "J~o 0 ~'" .,)/ f- O::w SITE LOCATION Wz 2 WW 0::> m« .' DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Cliff Williams Ridgeview Court Final Plat. File: LUA 06-012 FP West side of Bremerton Ave NE (327) South of NE 4th Street. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 20 single-family residential lots with water, sanitary sewer, stonn, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Cliff Williams, filed a request for approval of Ridgeview Court, a 20-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee (ERe), the City's responsible official, issued a Detennination on Non-Significance-Mitigated on July 19, 2004 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the east side of Duvall Ave NE and south ofNE 2nd Street. The new plat is located in Section 15, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of a parcel of 2.4 acres. 7. The Preliminary Plat (LUA-04-13I) was approved by the City of Renton Council on May 9, 2005. 8. The site is zoned Center Neighborhood (CN), but was, and is vested in, zoned Center Suburban (CS). The CS zone is 10-20 units per acre for residential development. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following addresses the conditions of plat approval from the City Council on the above referenced project. This was a project that the Hearing Examiner initially denied and where the City Council through the appeal process, approved the preliminary plat. The attached documents include the City Council approved Planning & Development Committee Report dated May 9,2005 regarding the appeal of the Hearing Examiner's decision and a marked up copy of the Hearing Examiner's decision prepared by the applicant and intended to record the revisions approved by the City CounciL The conditions of the Plat Approval and actions taken are summarized below. 1. The applicant shall execute restrictive covenants that require all sales literature and sales listings initially and subsequently to note the location of the post office and that the post office operation may create loud noises during the course of a night and very early morning hours six (6) days a week and that such noise might interfere with sleep in units located on the site. • This condition will be satisfied by action taken by the Ridgeview Court, LLC and the City of Renton. 2. Corresponding language about the post office noise shall be included on the face of the plat. • A Note has been placed on sheet 2 of 4 of the Final Plat Map describing the location of the post office and the generation of noise. 3. The applicant shall construct a cedar fence, triple pane windows, double insulation along the north and west property lines of the site. Such wall should be designed by acoustical engineers to provide noise attenuation. In addition, landscaping shall be installed to further assist in noise reduction and is designed to limit visual cues, which playa part in noise perceptions. • A cedar fence will be constructed along the properly line bordering the post office. Building plans submitted by Ridgeview Court, LLC for building permits will include specifYing a Sound Transmission Rating (STC) of 45 for the walls facing the post office site. Such a rating is considered adequate for noise attenuation. The plans will be subject to approval by the Building Department. '. 4. The applicant shall revise the plat to reflect the easement along the rear of lots I through 3 and 18 through 20 to be an alley right-of-way with a width of 16 feet with a minimum of 14 feet of pavement. This requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. • The revisions are shown on the Final Plat Map prepared by American Engineering, Inc. 5. The applicant shall be required to post the 26-foot private access easement (Anacortes Avenue NE) with "No Parking" signage on each side. This requirement shall be to the satisfaction of Development Services Division prior to the recording of the final plat. • This condition shall be satisfied by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for landscaped right-of-way improvements, as well as for all shared private utilities/drainage facilities or private access and utility easements to include the private pedestrian access easement. This requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. • This condition shall be satisfied by action taken by the Ridgeview Court, LLC Covenants, conditions, and restrictions for the Homeowner's Association were reviewed and approved by the City Attorney as part of the Preliminary Plat and Site Plan Review process. The Ridgeview Court Homeowners Association has been incorporated. These documents will be recorded concurrently with the Final Plat. 7. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. This requirement shall be subject to the review and approval of the Development Services Project Manager. • The City has issued a demolition permit and a house and out buildings have been removedfrom the site and approved by the City. 8. The application shall comply with the conditions imposed by the ERe. 9. The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Storrnwater Management Manual Division. • This measure has been met by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans. 10. The applicant shall comply with the recommendations contained in the geotechnical report prepared by GeoGroup NW, Inc. dated October 4, 2004, regarding "Site Preparation and Groundwork" • This measure has been met by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans and geotechnical testing during all construction activity. 11. The applicant shall design the project to comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. • This measure has been met by action taken by the Engineer and Ridgeview Court, LLC and the completion of construction of the approved engineering plans. 12. Temporary Erosion Control measures shall be installed and maintained in accordance with the Department of Ecology Standards to the satisfaction of the representative of the Development Services Division for the duration of the projects' construction. • This measure has been met by action taken by the Project Contractor. 13. The applicant shall pay the appropriate Fire Mitigation Fee Based on a rate of $488.00 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Ridgeview Court, LLC will pay the necessary fee prior to recording of the final plat. 14. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Ridgeview Court, LLC will pay the necessary fee prior to recording of the final plat. 15. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530.76 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Ridgeview Court, LLC will pay the necessary fee prior to recording of the final plat. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: CONCLUSIONS The Final Plat generally appears to satisfY the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED TillS 10" DAY OF APRIL, 2006 cc: Kayren Kittrick LUA-06-0 12-FP ~ MIKE DOTSON DEVELOPMENT SERVICES DIVISION VICINITY MAP N.T.S. gj &", .;:;~ <::> w ~ C::i z w > (f) « ~ z « 0 Z £ +' ::> co RENTON t<) NE 6th ST. ~ NE 4th St. S" ._---.-:.::=---:..=-t.:::..:.:...i--+-- • z ,~ ~ ~~. SITE LOCATION,.)-' ~ ~ ~~ 0)« " AU. PllVAlt: NXE$S, U1IJTY NfO WAlDI EASalEHTS NI/J sroRW IlMItIr.c£ S'I'STEMS NIl) EASIDIOITS tI 1tIS PtA T N'I£. IERfBY DEDC.l.lm TO 1ttE ~ CCl.«T ~ AS$OCIA'1IOII. M HCIoiEO'IINERS ASSOCIAllON M..L BE IIE'.!iPONSIIIl FtII lItE MAMDI.IrHCE OF ~ AIm 1Y"MMWD/1'$ .".. $M) .......". CD ~~ ~~ =~r':;s~~t;~~~OT'S 18 DRAINAGE S"iST£1l 80IEFlTlNC lOTS 111 AHIl 10. (;) k, -r: =~~~~r:-P=T so~ LOTS 2 t:JRA.W,G[ S'I'STEW 9EN[f1'l'f1C LOTS 1 AND 2. Q) ~l~~\::T~ ~~~~~:::;~\~~~~ ~ ~ H'I'ORAHT. TM£ on-OF ~l(lIoI IS f€R£BV RESPONSIBlE FOR TK: Io! .... N1UolANCE Of' TI£ P\J9UC lIIATER jl,A'lJwrm.',l<C[s .~ MID EA$£I,jf)lT. SEE DETAIL -,.: 01'1 SHEET 4 OF 4. o ~~'T'S~ ~v~~ f~o:t:~ ~HciWu,; ct~~N~~ ® l1;TS·~ ,,:v1~O:~~~~f[o~~..;ri ~0Ul @ "WATER EASEIoIEHT 0\1£11 LOT 17 IS M[IIEBY GRANTED TO LOT 1~ OF THIS PlAT NW4, KING RIDGEVIEW COURT NW4, SEC. 15, TWP. 23N, R. 5E, W.M. COUNTY, CITY OF RENTON, WASHINGTON LEGEND 80m SECTl~ CORHER. ~s NOTED .. SET I0Il00 IN CAS(, P[~ CITY 01' RENTON ST ..... OAAO SET 1/2' • H" RE;B.IJI W/C#'. LS 30401-4 o (USE) EASEMENT NOTES ® ~o: +~ ~~~~ ~~~~!\~~~~ ~~o @ ~k~A'~~\o~f~V~~ t2.CCf:~ ~~~~ , 9€.IIEFlT Of LOT'S II, 11, .vro u @ ~~if:;16\\E~T ~vr:r: LOT' IS HEREBY @ A 5At/I1AAY SEW:II EASEIOEHT Loc.o.lID ACROSS LOTS 5. 8 ANO II AS ~OWII I1£REON, IS HER£By RES£R\IED FOR AND GllfoHml TO THE CllY Of RENTON FOR 'Jlo£ Pi.!FtPOSES Of COHSiRUC'fNC, RECOHSTFt\JCfJ'lG, OI'ERA l1'IG ANI) IoI,f,IHTAIoING THE SANlTAIIY S£lIER S'1SIDoI, T()(l£'1li[fI 'MTH Tt£ ~T Of 1N00000SS AND EOFte:SS FM $llct1 1'URPOSEs. n;tS £ASEM£NT SHAll. BE rRff FRaoI ALl. f>O!I,IANENT S1RIIC1IJFtES OFt OTHER SlRUCTUFI£S, SUCH AS <Xl'o£FtE:O PARI(ING, DEC!( OIoEllH.o.NOS. SI-I£l)s, ETC.. \IIHK:M Ih'TERf'IRE WITH OTl' Of RENTON WATER IoJIO WASTEWATER .... ....,..TEN.o.NCE AND J/O'Alf! 1I£SI'0000S8UlI£S. -.- GRAPHIC SCAI..E r 15 30 I JIICR .. ao n . .,«7 SF' @) 16' \IIIDE' PRWA IT -ACC!:SS AND UTiliTY EA5E>.tEtn ~ " M • i • , .. :>", E.:; ~: ~ 3..' D"; ;: @ ~'~~:STE B.~~ ~ ~~r~:~~~ ;ACT LOTS'II, t, lC, 11, 12 AND 1J,. CITY OF RENTON 0312 Engineers • Planners • Surveycr.o 1'"'~"'''--'"''----1 APl'IJFtTEN"'~S Wln.i SAID EASEIoIENT, SE£ DETM 'C' ON SHEET ~ or ~. 3 Of 4 City of on Department of Planning / Building / Publl 'rks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: fi r{~ COMMENTS DUE: MARCH 17,2006 APPLICATION NO: LUA06-012, FP DATE CIRCULATED: REBRUARY 2a, ~006 APPLICANT: Ridaeview Court ,LLC PROJECT MANAGER: 'Michrel Dotson PROJECT TITLE: Ridaeview Court Final Plat ••• ' PLAN REVIEW: Valerie Kinas! I;' " I LVVV SITE AREA: 2,4 acres BUILDING AREA (aross): LOCATION: Bremerton Avenue NE WORK ORDER NO: SUMMARY OF PROPOSAL: 20-Lot Final Plat vested under CS Zone with District B ResiclsntiaJ.-Demonstfation Overtay:-CorrstrUct utilities and road improvements for 20-lot plat. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth HousiilO Air Aesthetics Water Li hUG/are Plants Recreation Land/Shoreline Use Utilities Animals TransDorlation Environmental Health Public Services Energy/ His/oridCu/turai Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS February 28, 2006 Cliff Williams, PE Ridgeview Court, LLC PO Box 2401 Kirkland, WA 98083 Subject: Ridgeview Court Final Plat LUA06-012, FP Dear Mr. Williams: CITY 4 ~ RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7304 if you have any questions. Sincerely, -//l.A-, Michael Dotson Project Manager -------------]-O-55-S-o-u-th-O-r-ad-y-W--ay---R-e-n-to-n,-W--as-h-in-~-on--9-80-5-5-------------~ ® 1 his paper wntains 50% recycled material. 30% post consumer AHEAD OF TilE CURVE City of Renton LAND USE PERMIT PROPERTY OWNER(S) PROJECT INFORMATION NAME: Ridgeview Court, LLC PROJECT OR DEVELOPMENT NAME: Ridgeview Court .FInd f'14 ADDRESS: P.O. Box 2401 PROJECT/~RESS(S)/LO~?N AND ZIP CODE: 32-1 enrer-lfm Ne 12905136'h Ave SE (Bremerton Ave), Renton WA CITY: Kirkland ZIP: 98083 98059 TELEPHONE NUMBER: 425893-8478 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 518210-0042 APPLICANT (if other than owner) EXISTING LAND USE(S): Vacant, under development NAME: PROPOSED LAND USE(S): Single family, Detached COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Comercial Arterial (CV). Vested as Center Suburban (CS) Centers Residential Demonstration District B ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): CITY: ZIP: EXISTING ZONING: CV. Vested as CS TELEPHONE NUMBER PROPOSED ZONING (if applicable): CO NT ACT PERSON SITE AREA (in square feet): 104,373 NAME: Cliff Williams, PE SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING COMPANY (if applicable): Ridgeview Court, LLC THREE LOTS OR MORE (if applicable):~ 3'1,0::(, ADDRESS: P.O. Box 2401 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): .~ 13 CITY: Kirkland, WA ZIP: 98083 NUMBER OF PROPOSED LOTS (if applicable): 20 TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): 20 206714-7161 cliff@belmonthomeswa.com Q:wcb/pw1dcvscrvifonnsipJanningimastcrapp.doc 02/06/06 PRO CT INFORMATION (contini ) NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALL Y CRITICAL AREA. PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): o AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFER PROTECTION AREA TWO BUILDINGS (if applicable): o FLOOD HAZARD AREA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): o GEOLOGIC HAZARD NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION applicable): o SHORELINE STREAMS AND LAKES NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): o WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION.1Q, TOWNSHIP 23, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Final Plat ((){j)0Y' 3. 2. 4. Staff will calculate applicable fees and postage: $ or herein contained AFFIDAVIT OF OWNERSHIP Robert P Wenzl . declare that I am (please check one) ~ the current owner of the property involved in this application d representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers the infonnation herewith are~' -all respect ue and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that RClbe.f+ P. LAJQ N G ~ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington (Signature of DINner/Representative) My appointment expires: 3. ,:;; 7. oK Q:web/pw/devservlfonns/p\anning/masterapp.doc 02/06106 , DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax 425-430-7231 1, Gross area of property: 1, 104,373 square feet 2. Deductions: Certain areas are excluded from density calculations, These include: Public streets" Private access easements" Critical Areas' Total excluded area: 2, 18,604 square feet 18,492 square feet _---"'0 __ square feet 37,096 square feet 3, Subtract line 2 from line 1 for net area: 3, __ 6""7!.J,,,,2C-'-7.!...7_ square feet 4, Divide line 3 by 43,560 for net acreage: 4, 1.54 acres 5, Number of dwelling units or lots planned: 5. 20 units/lots 6. Divide line 5 by line 4 for net density: 6. 13 = dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded . •• Alleys (public or private) do not have to be excluded. (,:\Documcnts and Scttings\chffHr.l ,MONr,,[ _ocal Sc1tlllgs\Tcmporary Internet Filcs\OI Xt\ \])cn~llY Wksht 4 r'inal Plat.doc 1 Last urdatt DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2AND4 Deed of Right-of-Way Dedication, Density Worksheet 4 Drainage Control Plan 2 Drainage Report , Elevations, Architectural, AND' Environmental Checklist, Existing Covenants (Recorded Copy), Existing Easements (Recorded Copy) , Flood Hazard Data, Floor Plans, AND 4 Geotechnical Report2ANo 3 Grading Plan, Conceptual, Grading Plan; Detailed 2 Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual, Landscape Plan, Detailed 4 Legal Description, List of Surrounding Property Owners 4 Mailing Labels for Property Owners, Map of Existing Site Conditions, Master Application Form, Monument Cards (one per monument) 1 ~ J./@ f;J f t,t';'T-Jo f?ZiJy ~ Neighborhood Detail Map, p , This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section Q:\WEBIPw\OEVSERv\Forms\Planning\waiver.xls 11f04/2005 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Parking, Lot Coverage & Landscaping Analysis. Plan Reductions (PMTs) 4 Plat Name Reservation. Postage. Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan. Screening Detail 4 Site Plan, AND 4 Stream or Lake Study, Standard, Stream or Lake Study, Supplemental, Stream or lake Mitigation Plan 4 ::;JJ N()~YV Street Profiles, Title Report or Plat Certificate • Topography Map 3 Traffic Study, Tree Cutting/Land Clearing Plan, Urban Center Design Over1ay District Report 4 Utilities Plan, Generalized, 1 Wetlands Mitigation Plan, Final 4 ~ NO /Jj(fi ur vv ~ Wetlands Mitigation Plan, Preliminary , Wetlands ReportlDelineation , Wireless: Applicant Agreement Statement, AND 3 Inventory of Existing Sites, AND 3 Lease Agreement, Draft, AND 3 Map of Existing Site Conditions ,AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Properly Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section Q:\WEB\PW\DEVSERv\Forms\Planning\wa;ver.x!s 11104/2005 February 6, 2006 City of Renton Renton City Hall 1055 S. Grady Way Renton W A 98055 RIDGEVIEW COURT, LLC PO BOX 2401 KIRKLAND, W A 98083 Subject; Ridgeview Court Final Plat Attention Final Plat Reviewer: As a condition of Final Plat submittal, the following addresses the conditions of plat approval from the City Council on the above referenced project. This was a project that the Hearing Examincr initially denied and where the City Council through the appeal process, approved the preliminary plat. The attached documents include the City Council approved Planning & Development Committee Report dated May 9, 2005 regarding the appeal of the Hearing Examiner's decision and a marked up copy of the Hearing Examiner's decision prepared by the applicant and intended to record the revisions approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. 1. The applicant shall execute restrictive covenants that require all sales literature and sales listings initially and subsequently to note the location of the post office and that the post office operation may create loud noises during the course of a night and very early morning hours six (6) days a week and that such noise might interfere with sleep in units located on the site .. This condition will he satisfied by action taken by the Ridgeview Court, LLC and the City of Renton. 2. Corresponding language about the post office noise shall be included on the face of the plat. A Note has been placed on sheet 2 of 4 of the Final Plat Map descrihing the location of the post office and the generation of noise. 3. The applicant shall construct a cedar fence, triple pane windows, double insulation along the north and west property lines of the site. Such wall should be designed by acoustical engineers to provide noise attenuation. In addition, landscaping shall be installed to further assist in noise reduction and is designed to limit visual cues which playa part in noise perceptions. A cedar/ence wili be constructed along the property line hordering the post office. Building plans submitted by Ridgevie,v Court, LLCfor building permits will include specifj"ing a Sound Transmission Rating (STC) of 45 for the walis filL'ing the post office site. Such a rating is considered adequate for noise "tten//ation. The plans will he sub/eel to approval by the Buildll1g Department. 4. The applicant shall revise the plat to reflect the easement along the rear of lots 1 through 3 and 18 through 20 to be an alley right-of~way with a width of 16 feet with a minimum of 14 feet of pavement. This requirement shall be subj ect to the review and approval of the Development Services Division prior to the recording of the final plat. The revisions are shown on the Final Plat Map prepared by American Engineering, Inc. 5, The applicant shall be required to post the 26-foot private access easement (Anacortes Avenue NE) with "No Parking" signage on each side. This requirement shall he to the satisfaction of Development Services Division prior to the recording of the final plat. This condition shall be satisfied by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for landscaped right-of-way improvements, as well as for all shared private utilities/drainage facilities or private access and utility easements to include the private pedestrian access easement. This requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. This condition shall be satisfied by action taken by the Ridgeview Court, LLC Covenants, conditions, and restrictions for the Homeowner's Association were reviewed und approved by the Cily Attorney as part of the Preliminary Plat and Site Plall Review process. The Ridgeview Court Homeowners Association has been incorporated. These documents will be recorded concurrently with the Final Plat. 7, The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. This requirement shall be subject to the review and approval of the Development Services Project Manager. The City has issued a demolition permit and a house and out buildings have been removed from the site and approved by the City- 8. The application shall comply with the conditions imposed by thc ERe. a. The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stonnwater Management Manual Division. This measure has been met by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans. b. The applicant shall comply with the recommendations contained in the geotechnical report prepared by GeoGroup NW, Inc. dated October 4, 2004, regarding "Site Preparation and Groundwork" This measure has been met by action taken by the Ridgeview Court, LLC and the completion of construction of the approved engineering plans and geotechnical testing during all construction activity. c. The applicant shall design the project to comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. This measure has been met by action taken by the Engineer and Ridgeview Court, LLC and the completion of construction of the approved engineering plans. d. Temporary Erosion Control measures shall be installed and maintained in accordance with the Department of Ecology Standards to the satisfaction of the representative of the Devc!opment Services Division for the duration of the projects' construction. This measure has been met by action taken by the Project Contractor. e. The applicant shall pay the appropriate Fire Mitigation Fee Based on a rate of $488.00 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. The Ridgeview Court, LLC will pay the necessary fee prior to recording of the final plat. f. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. Credit is given lor the existing residencc. The fee shall be paid prior to the recording of the final plat. The Ridgeview Court, LLC will pay the Ilecessary fee prior to recording of the filial plat. g. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. The Ridgeview Court, LLC will pay the necessary fee prior to recording of the final plat. Yours truly, ~ .. Cliff il' ams, PE YP, Man ger of Engineering Cc: Gary Christensen, PLS, American Engineering Corporation DEVELOPMENT PLANNING r;ITY OF RENTON TO: Belmont Homes I Inc P.O. Box 2401 Kirkland, WA 98083 Attn2 Cliff Williams Ref.# Ridgeview Court LLC FEB-9 2006 RECEIVED ~. PACWIC NOKn JWl!SI'Trn . .E c.-I' ... .,...rw_~;...,"", In< 215 Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #l OF PLAT CERTIFICATE PNWT Order Number: 578411 Vested In: Ridgeview Court, LLC The following matters affect the property covered by this order: • A Full Update of the Plat Certificate from October I, 2004 through December 30, 2005 at 8:00 a.m. has disclosed the following: • The legal description has been amended to read as follows: The south half of the east half of the northeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington, being a portion of Tract 4, of Martin's Acre Tracts, an unrecorded plat; EXCEPT the east 7.5 feet of said tracti EXCEPT that portion thereof conveyed to the City of Renton by deed recorded December 1, 2005 under Recording Number 20051201001359 (cont inued) SUPPLEMENTAL TITLE REPORT Page 2 Order No_ 578411 • The following paragraph has been amended to read as follows: 3. DEED OF TRUST AND THE TERMS AND CONbITIONS THEREOF, TRUSTEE, BENEFICIARY, AMOUNT, DATED, RECORDED: RECORDING NUMBER, AFFECTS, Ridgeview Court LLC UPF Incorporation, a Washington corporation Northwest Busirtess Bank $530,000.00 September 21, 2004 September 29, 2004 20040929002366 Includes other property The amount now secured by said Deed of Trust and the termB upon which the same can be diBcharged or assumed should be ascertained fram the holder of the indebtedness secured. • The following has been added as paragraph 5: 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF, TRUSTEE, BENEFICIARY, AMOUNT, DATED, RECORDED, RECORDING NUMBER, AFFECTS, , Ridgeview Court LLC UPF Incorporated, a Washington corporation Northwest Business Bank $1,625,000.00 October 26, 2005 October 31, 200~ 20051031001070 Includes other property The amount now secured by said Deed of Trust and the ter.ms upon which the same can be discharged or assumed should be ascertained from the holder of ~he indebtedness secured. (c;:ontinued) SUPPLEMENTAL TITLE REPORT page 3 Order No. 578411 • The following has been added as paragraph 6: 6. HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, RECORDED; RECORDING NUMBER, AFFECTS, October 31, 2005 20051031001071 Includes other property NOTE: The 2005 Taxes are paid in full • There has been no change in the title to the property covered by this order since October I, 2004, EXCEPT the matters noted hereinabove. Dated as of January 6, 2006 at 8:00 a.m. MB PACIFIC NORTHWEST TITLE COMPANY By: Dave Maq,dux Title Officer Phone Number: 206-343-1353 I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to RIDGEVIEW COURT HOMEOWNERS ASSOCIATION alan W A Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 1119/2006 UBI Number: 602-576-434 APPID: 468880 Given under my hand and the Seal of the State of Washington at Olympia. the State Capital Sam Reed. Secrctl:lry of State I -. ~. FILED SECRETARY OF STATE SAM REED JANUARY 19, 2006 STATE OF WASHINGTON 602576434 I .".....,.....-..~..., .. -=---~.:. ..... '-, , .. PI" ..... -~-- 0 __ .9/2006770124 S50.00 Ch..a .155251 T,,,,,,0.911): 1038951 Doc No: nOI24-«11 ARTICLES OF INCORPORATION OF RIDGEVIEW COURT HOMEOWNERS ASSOCIATION The undersigned, for the purpose of fonning a corporation under the nonprofit laws of the State of Washington, RCW 24.03, and a homeowners association under RCW 6438 and Section 528 of the Internal Revenue Code, hereby adopts the following Articles ofincorporation: ARTICLE! Name The name of this Corporation shall be Ridgeview Court Homeowners Association. ARTICLE II Purpose The Corporation is organi2ed for the purpose of promoting the wei fare and interests of the owners of property defined by the Declaration of Covenants, Conditions and Restrictions of Ridgeview Court which will be filed with the King County Recorder (the "Declaration"), by administering and enforcing the protective covenants governing the use of such property, engaging in civic improvement and development activities, acquiring, owning, constructing, improving, managing, maintaining, and caring for the real and personal property of the association of homeowners ofthe plat of Ridgeview Court, and to do such other things as may be necessary and convenient to accomplish all such purposes. ARTICLEUI Tenn The tenn of existence of the Corporation shall be perpetual. S71849.1/02483S.00001 ARTICLE IV Registered Agent The address of the registered office of the Corporation is 999 Third Avenue, Suite 3000, Seattle, Washington 98104-4088, and the name of the registered agent at such address is SC&B Services Inc. ARTICLE V Members 5.1 The owner of each lot of the Plat of Ridgeview Court (the "Property'~ as described in the plat thereof, which will be recorded in the records of King County, Washington, shaIl be a member of the Corporation. 5.2 The owner of each lot shall be entitled to one vote, as prescribed in the Declaration and bylaws. A party that owns more than one lot shall have one vote for each lot it owns. ARTICLE VI Directors The number of directors of this Corporation and the manner in which such directors are to be elected shall be as set forth in the bylaws. The name and address of the initial director is as follows: Robert P. Wenzl 6Il 4th Avenue, Suite 120 Kirkland, WA 98033-6019 The initial director shall serve an initial term as prescribed in the Declaration and as set forth in the bylaws. ARTICLE VII Dissolution In the event of dissolution of the Corporation, the net assets are to be distributed to the then current members. 2 573849.IIOZ4SJI.OOOOI ARTICLE VIII Indemnification Every director and offer shall be indemnified by the Corporation against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him or her in connection with any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been a director or officer of the Corporation, or any settlement thereof, whether or not he or she is a director or officer at the time such expenses are incurred, except in such cases where the director or officer is adjudged guilty of willful misconduct or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has partiCipated in a transaction from which said person will personally receive a benefit in money, property or services to which said person is not legally entitled; provided that in the event of a settlement, the indemnification provided herein shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interests of the Corporation. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. ARTICLE IX Incomorator The name and address of the incorporator is Scott R. Sleight, Short Cressman & Burgess PLLC, 999 Third Avenue, Suite 3000, Seattle, Washington 98104-4088. DATED January \ ~ ,2006. 3 573849.11024838.00001 CONSENT TO SERVE AS REGISTERED AGENT SC&B Services, Inc. hereby consents to serve as registered agent in the State of Washington for Ridgeview Court Homeowners Association. As agent for the Corporation, SC&B Services, Inc. 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 ofany changes in the registered office address of the Corporation. Dated lanuary ~ 2006 4 51384~.110248l8.00001 SC&B SERVICES, INC. By: ~~, 999 Third Avenue, Suite 3000 Seattle, W A 98104-4088 RETURN ADDRESS: NORTHWEST BUSINESS B .... 1100 OUVEWAY, SUITE 102 SEATTl£,YVA 9810' DEED OF TRUST B\4D DATE: October 26, 2005 ~T {dX>711-Y . "ILED BY PNW1 RefereilCI8 # (if applicable): PNWT 600791 I NWBB 170012066 Grantorls}: Additional on page __ 1. RIDGEVIEW COURT LLC Granteels} 1. NORTHWEST BUSINESS BANK 2. UPF INCORPORATED, A WASHINGTON CORPORATION, Trust •• Legal Description: PTN NW 1/4 16-23-5 Addhional on page 2 Assessor's Tax Parcel 10#: 518210-0042-07 THIS DEED OF TRUST is da1ed October 26. 2005, amonv RIDGEVIEW COURT LLC, -whose address is PO BOX 2401. KIRKLAND. WA 98083 ,"Grantor".; NORTHW':;SY BUSINESS BANK, whose mai&ng address is 1100 OLIVE WAY, SUiTE 102, SEATTLE. W/F 98101 Ireferred to below sometimes 68 "Lender" and sometimes as ftSeneficiarv"}; and UPF' INCORPORATEO. A WASHINGTON CORPORATION. wnose mailing address is 910 WEST BOONE._AVE. SPOKANE. WA 99201 {referred to below 8S "Trustee"). loan No: 170012066 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. for valuable consideration, Gramor convov-to Trustoe in 'trUst wid! power of ul., tlgbt of .ntry and pone:tllon and for the benefit of landar lUI BMeflclary. all of GrCllntOr's right. title • .and Interest in 8I'Id to the tollowing d&sclibcd real property, together with i!l1l eXietlng or lIubi18(juently 81ect&d or affixed bllilding&, Improyoments and flXtut.8; all Basements. righU of way. and appurte~nces; IlIlf water, water rights and ditt;h IiQhts ,including MOCk. in uti.l.ltlas ~it~ d~h (lr Irr!Datlan ~ht3I; and all ott.ar right,: r~altiea, and profit~, relating to the r~1 pl'!lpflrty, iMludmg without IimnatlOn all Mlnelills, 011, gu, oeoUlerfl¥ll flt'Jd Slirulat matulIS, (the Raal Property ) located in KING County, State of Washington: THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE f1IORTHWEST QUARTER Of THE NORTHWEST QUARTER Of SECTION 15. TOWNSHIP 23 f1IORTH. RANGE 5 EAST. W.M .. IN KING COUNTY. WASHINGTON. BEING A PORTION Of TRACT 4. OF MARTlN'S ACRE TRACTS. AN UNRECORDED PLAT: . EXCEPT TH E EAST 7.5 FEET OF SAID TRACT_ The Rul Property or its 8ddreas ill ccmmonly known •• 12905 136TH AVE SE, RENTON, WA 98055. The Real Property tax identification number is 5'~21Q.-0042-07. Grantor hereby .tIS.!IiQr'llI ae; 8elturily to Lunder. /1111 of Grantor', right, title, Br'ld interest in and to aU l~ses. Ren1$. and profits 0' too Property. This auigflfllent is recorded in 8COOf"d8f1Gf: with RCW 65.08.070; the lien created by this aBSignment is illtended to be specific, pilrfecrted. and choat" lIpon the re<lordirtg of thl3 Deed of Trllst. Lender grants to Grillntor a IicenBe to collect the Rents and prorlts, which license may bel lI,vokCld ~ LencIor's option and shall be automl!ltically revoked upon acceleration of ali 01 part of the lndebtednes.s. THIS DEED OF TRUST, INCWDING THE ASSIGNMENT OF Re.n AND TttE SECURITY JNTER.EST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS ANt) IBI P~FORMANCE Of ANY AND ALL OBUGATIONS UNDER THE NOTE, THE RELATID OOCUMi:NT$, AND Tl-f1S Da:D OF TRUST. THIS DEED OF TRUST, JNCLUDING THE AiSSIGNMENT Of RENTS AND THE SECURITY lNTEJlEST II THE RENTS J,ND PERSONAL PROPERTY, 16 ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBUGATKlNS UNDER THAT CERTAIN CONSTRUCl"ION LOAN AGREEMENT BETWEEN GRANTOR AND lENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUcnON LOAN AGREfMENT. OR ANY OF THE RELATED DOCUMENTS Ra=£RRED TO THEREIN, SHAll. ALSO BE AN EVENT OF DEFAULT UNDfR THIS DEED OF TRUST. nos DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND. PERFORMANcE. Except N OChefW~ provided in thiIi Deed (If T.rUllt, Grantor shaD pay to· Lend.' .!I amounu IIOe(:Ufad by this Deed of Trust as they become due, Ilnd shaU s1rictly and In a timel.y manner perform all of Grantor'a obligations under the Note, thM ~ of Tuna. and the Ralajli!d Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Gr.anf(lr agreM ~t Grantor's posa~sion IlI1d use 01 the Property shaU be governed by th6 following provisioN: PosseSiion lind UUr. Umll the occ~rence of an Evartt of Datalllt, GrBntor may [f} remain In posalt88ion Wld control 01 the Prqpeny; (2) we. Opelall! Of ~l"\i!Ige the Property; and (3) col~c~ ths Rellt$ from the Property 'mid privilege is a lieatlllf:l from lender to Grantor automatically rlJV(lked upon default), The following prolli9looa relata to the ur;e 01 the Propeny or 10 other IimitatioCUI an the Property. l"he Real Property it not ueed principally for il.grlcuJtural purposes. Dut., to MAintain. Grantor shall maintain the Proper1V in tenantable condition and promptly perform an repaira. replacement,. ,,00 m<!lintenllfl= nete:s'III"Y to preserve its velue. Nultance, W..... Grsntor shall not ClaUIKI. oonauct or permit any nuisance nor GOmrnlt, parmi!, or BlIffar any IIlripping of or wllste on IH to tM PnlP9rtY or IIny portion of the PrOperty. Without limiting the 981\Sf1l1lW of the 'oregolng, Grantor will not remove, or grant to any other party \ha right to rernoWl, any timber, minerals 6ncluding aU and gOlSlI. COElI. clsV, Sl::orla. Boll, graYei or rock producU without Landflt'S prior written (lonsant. RamoVIII of lmprOVetna/lt.. Grsntor I-hall not demoibh or ramovtl tIny ImfJf"ovaments Irom the Rtlal Property without Lender', prior written oonsent. A1l II condition to the remoy~ of any Improvements, uumer may requir" Grantor to millice arTBflgeffiflnts latlslacrory to Lender to repiaca wch ImprO\/9IDBn"t5! \'11M Impro .... ments of tit \eM ~vlllue. Lender', Flight to Enter. UtndCIr and Lender's oIIgenT$ and tepr6Ser'rtativee ffioIIY enter UpOCl tile Rs.al Propet1y at alf reaaonable times to attend to Lendar'8 inttlre8t$ end to inapoct the Real Property for putp066$ of Gl"lIntor', comp,ience with tn& term& and ~ortdition& 01 thi3 Dood of Trust. Complblnce with Qowmme.ntal ~u. Grantor shatl prompUy comply, and shall promptly cause cornpUanca 'by all egants, tern'"tt at other p.uaan8 or I:HItitie:l of ev8rv nature whataoover who lent. i6a&a or olhsrwille Viii! or occupy the Prop&rtV In IlI1Y manner, with all18w8, ordinancM, and regulatiom, now Dr hereafter In effect, of all gaVtJrnmen'(ai lIuU\(1rltlQs lIpplicabfll 10 the l)Se Of occupancy 01 the Property. including without lIrnhs"Uon, the AmeriaaflS With Obabllltl&S Act, GunlOr may comoat In good hlith any such IlIw. ordinance: 01'" ragulation and withhold compUanCfJ during any proceeding, Including appWpriate appeels, 80 long 88 Grantor hss. notified Lander In writing prior to ~ing so and so long as. ill Lender's sole opinion, lender', inter6S18 In 1he PrOPfrty are not jeopardlzod. Lendsr may require Grantor to post sd8qult.kI sacl.rity or a swet\' bond, reasonably sati.factory to lander, to protect Lender'B interast. Duty to ProUCt. Grantor agr"a nllithar to abandon or ~ave unattenditd the Property. Grantor .shall dO' all other octl, In addillon too thaH IIct, let forth above in tlU section, which from the charac:ter lind use ot the Property ale rea'DlIsbly nec&Ulry to protect and prelerve the Property. DUE ON SALE· CONSENT BY LENDER. Landor may, at Under's option, 1M MdBle immedi~ due: and p,ay8b1e 8lj sums u(;UI'ad by this Deed of TnJ$t or (81 incIoase the interfl3t rate prO\lided for in. the Nota or other docunent avidencing the looebt~ and impoSCI 6UCh other oonditio/lS as bnder deems appropriate. upoo the "ale or transfer, without lErndel'liI priQr Mitten consent, of au or any ptlrt ot the Real ~tollClrty. ar any interest In the Real Property. A "5a1e or 1f8llsfer" meana the conveYOInce of Real Property Of any right. title or irtt~ in the Real Property: wtw.ttMtr legal, beneficial OJ equitabl,,; wheth61 \/oIt.-ltary or irNOluntarV; whethef by outright sale, d8ed. ,installment 'Ble contract, IM1d contract.. oontl"act tor ~d. leasehold interest with II tl!fm greater than 1hree 131 yeMS, ieaso-aption contract. or by sale. assignment, or transfer of any baneficilll intere:rt in Of to env land' tr"u$t holding title to the Reel f'Japerty. or by IIrlV other m~thod of conVeYllllce of ii!n interest in the Real Property. If any Grantor ls.a corpotallon,. partner5hip or Umited liability company, tn!n.sfer 1:1180 inoludelil MY change in oWl1erahlp of more than twenty-five percent /26%) of the voting ItDck, partner,hip interest. or limited liability company interlltsu. as tha caae may be, of such GrlintClr. However. this loan No: 170012066 DEED OF TRUST (Continued) option shl!lY' not be Iturcised bv lender if !i;uch 8l«trCi911 ~ prohibited by faderal Jaw Dt by WashingtOn law. Pags 3 TAXES AtilD ueNS. The fO!to.,.,.1ng provisions relAung to the tillUIli and liens on:th& Property are polO 01 this DMd of fruit: . Payment. Grllntoc ahlU pay when due land in "II _ms prior 10 delinqUllmlY) ell taKe8, specl&! taxes. assessments, charges (1nclLJ:Ilng 'Wgr and sewsr), fines and impositions levied agah\s'C or on account of the Property, !lind shaN pay when due all claims for work done on or tor BIlVieu lendsl1ld or material turni.h~ to tile Property. Grantor shall maimairl the Propert\" 1ree of all liens having priority over or equal to the Interest of LAnder under this Deed .of Trullt, axcept for tha llan of tal(Q8 an<! aaEl8ument, 1\01 dUll and except &8 othefwiM pro\llded in this Deed of Trust. RIght to ConteR. Grantor mllV withhold paym9llt 01 any tax, anessmerrt,. or claim in connection with 8 good fahh dlapUl6 O~r the obligation to plly, so long a5 lender', InterNt In the Pro~ ill not jeopardized. If 8 lien lriSII8 or is fUad aa a result of nonpayment, Grfllltor ahaD within f1ftlHln (15) day.s altar-tile IlItO arihli or, If alien is filed, within fifteen (15) ditys after Grantor has notice of the fBing, .sscure the diachllrge of the lien, or It requalted by Lender, deposit with umdeJ clflih or II auftlcient corporate surety bond or other seeurity IIatlafacnory to Landar in an amount suflicienl lo discharge tile nen plus any costs IlOd attorneys' fee&, or othllr chargB8 that Cduid aOCrus 118 II (Mutt of II ,foreclostxe or saia under the lien, In an.,. contast, Grarltor 8ha11 dafend I'eelt and 'Lender and'shall e&bsty any ad\!erse judgmem before enfDI'ClIrIltInt ag_inst the Property, Grantor silall name Lender .a an additional oblilJCl! under any lurfl'ty ~nd flA'JlIshed in the cOllt8!lt proceedings. EvldenllCl of Payment, Grlmor shall upon demand turMh to Lender satisfactory evidence of p-vmeot of the-taxes or 8111e$8m8ntl and shall 1Io1llh001.te the appropriate OO\lMVJ1e!ntel official to deliver to Lander ;at any tima II written stll'lllment of the ttlxea and. aaseslHI')ema.agaitlat the Property . . No&. of CQflstrumon, Gra~w $hall notify Lender at lent fjfteen 1151 day,; befora any work Ia CCHrImencod, IIOV sEiJvices a(a futnisllE!d; or' any ml1terilds are supplkld to lhe Property, if any mecbanlc'a lien, materialmen's lief!, Dr otmtr Ben coold be auartad on iCOOUnt of the work, HrvlcflS, Dr matolirlaJa. Grantor wlD UPOfl l'&I':Iubet of -Lender . furmah to lender aiNanoe 8$SlJrllnC88 ntlatactory to Lend$f that Grantor can lind will pay the cem of such Implovemen18, PROPERTY DAMAGE INSUR4NCf. The foDowing provisions relating to insuring the Propertv .Te a part of thia Deed of Trust, Malntsnoaa. of inllHllnca. G,amor ahall prOCUl'a and maintain pollclas o-f fire if1$Uance with Jtandard exbtnded coverage enoorsamants on • replacement basis for the full irun.abla vlllua co'llllring all Impruvemef!ts on the Real Property in an amount sufficient to avoid appHcation of any coimlUranca CIaUd8, lind with a standard mort98QM C~Ul8 In tevor &f Lender. Grentor, SMIl alao procure and mointBin oompr1)hensive genetalllahiitty Insur~nce 10 SlJch cov.raoe Gml)Unts as Lender InIIY request wtth Tru&tBtt "TJd lender being mimed as additional Insureds in 6[Jch liability Insurance policies. Addltionallv, Grllntor ahall maintain SlX:h other imuranee. including but not Hmited to hazard. buslneas interruption, and boiler INur<lnce, aa Lendar may roasonably require. Policies shall be writt8n in form. amounts, coverages and basis r&aaontlbly acceptable to Lender and iulled by a company (Ir companie:s reasonably :acceptllble to Lendet. Grantor, upon requaat of Linder, will deliver 10, l.endu from tlme.to lime the policies or certificatea Of il"ll!lutarICe in form !letlstactOJ)' to LeOOar, including stipulMions that cover.yes wiu not be oanceltad 01' diminished 'without at lellst thirty [301 daya prior ...,..itt~lfl notice to lender. Each insurance po~cy ;IIl~ alwHnclude an efld6r.l~ providing that cov8l'tl{Je in f.avor of lender wID not be impaired In any way bV any act, Omia,eion Dr dl:!:feult of Orentor or any other person. ShoiJld the neal Property be Ioca1sd In an area designated by the ,QV8Gtor o11he Federal Emergency Management Agencv as. a··speclal. flood hiIlard area, Gramor agrees to obtain and, maintain Federal Rood InSuranclt; If Itv.lable, within 46 day$ after notice is glvif\ by lender that the P,operty i:r Iool:lted in e spltCial flood hlWlrd erea, for the ILlIt oopald ptlnclpal bal.a1"lD8 of the Joan and any prior liena on the prop.ilrty 8ecwiog tfJo loan; up m the maximum policy limits set under the National Rood Inaurance PrIlgram. or as otherwise requirolld by lender, and to maintain such insurance fOl the t8m'1 of the lo~ • . ~~n of ProceOdl, Gramor ahall prompttv notlty Lender of any loIN or dllmego to lhe Property. Lender mily make proof .of loea If Granlor 1a11a to do 80 within fifteen (15) days of the ¢a8l.lalty. Wh8th1;lr or Iiot lender's 811CLa'tty is Impalreod, Lender may, 81 lender'. election, roceWe and retain the proceeds of any lmwai1Ce And apply the procoeda to the reduction of the Indebtednen, payment of any lieo affecting the Property, or tiUt restoration and repair 'oj tha Property. If la."ld&r .Iecta to apply tile prooeeds to restoTtltion lind repair, GfBOtOf llnall repair or replaoa t,he damaged or deltfOyed ImptovlHnen18 in " manner tI-!ltistlKl'torv to Lender. Lender -IOhaU, lIpOfl $atiafl!CtOtv proof of allCh axpendittJre, pay or reimbl8'$8 Grantor from the proceeda lor the ,e880oable !:tIst of repair or I'8StOt8tioon Jf GlIl1ltor is not in default IJnder trn» Deed of Trust, Any proceeds which have not been If.ebUl'$4d within tao daw ",Iter their receipt and which leodar hall not committllild to lhe repair ot' rl!:!jltoration of the ProP8rtV shall ba used first to pay MV amount owing to Lender under this Deed of T~ th8l11O pay accrued inlBreat, aod the remainder, if any, sheU boll Ilppfll!d to the prlnclpal balance 01 tile Indetnednen. If under hOOts any procee<b IIftliir payment In full of the Indebtedness, such proceed. shall be paid wf4hout illteresti to Grantor OlE Orantor'lI in1erml mey appear. . Grantor'. Repart on lnauranc.. UPOn r&quest of Lender, nowllovar not more than onoe .!II year, Grantor shaH flDliah to landor s rapOrt on eaeh existing policy of il"lt;ulance Ifhowing: . (1) ll1i1 ruame of the insurer; 121 the riab Insured; C31· tn. atrIO'lA'lt Df the policy; (4) the property insured, tha thin ourrent roplac:ei-nmrt valuo of auch prOj)8rty, end tM nwv.er of determining that yalue; and Uil the expl,ation dMc of the po/icy, a'llntor .shall, upon request oH.ender, h8ve an indap'entlent eppraiier eati$t8Ctoiy to lender demtmintl the c8$h valua rl!ljllacem8llt 0051 of the·Property, . LENDER'S EJO.e.-OrTuRES. If IIflY lI.ction or proceeding is 'commenced that would inoItetlaUy affect '-4tnOOr'8 Int91'8al in tlla Property.9f if Grantor lails to comPly with any provblon 01 this; Dead of Trust or eny Related Documents, inoludblg but not lirnh:I!Id.to Grantor'. falura:to discharge or pay wtJ8fl due any amounu Granwr i8 reQl;,lifed to discharge o~ pay under this De&.d of Trust or any Relatltd Documents, LendlW Oll Graotor's behalf may Ibut ,hall not be obllglfted to) take any action that Lender' delilm5 Bppropfiala, inoluding but not /imtted to discharging 0( payll'lg all taxea., 119f18, aecurlty interests, 81'Kl1.llTliK0IfIC9S and other cllIims, at anv time levied or pIac9d 01) the Property ~md Ptlylng. afl eo.ta fef imuring, maintaining and preserving the Propetty. All auc;h expenditure8 tncurted or paid by lenll'el for IIIch jMJfPOSe8 wiU then bear Int8f6lft .t tl-M.l rilte tmlllrgeO UIllier the Note from tIKI dete Inc~ed or pekf by lender to the date of repayment by Glantor. A.II such expenses will bucome I pm o.f In. Indebtedness and, at Lander"11 I;Iptlon, will (AI be payable on demand: "S) be ttdded to the balance o.f the Note and be apportioned among and b'I!I payable with any Inatallment PiI~nt8 to becorn. duo during ef4her 11 ~ the tenn ot any applicable Insutance poliCYl or 12) 100 remaining lmn of the Note; or (e) be uealBd u a balloon payment which will .,. due lind payabkJ et the Nota', rnan.1ty. The Deed of Trl,Ill alsa wiH $Elcure JHlYrrwmt of the$e en'l.GlIOts. Such right aMIl be In addition 10 an other ri~tl lind remedies to which Lender mav be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownarship 'of the Propeny' are a pan 611hi$ Deed of TrUll: Loan No: 170012066 DEED OF mUST IContinued) Page 4 TItle. Glantor warranl$; that: (al Grantor holds (JOOd .lind ITUIrlo:etabie title of record to the Property In fe'e simple, fref! and clear Of atl. liens and encl,.Olbr4loces other than those .et forth in the Real Property aeacription or in any title Insurance pollcV, title report, or final title opinion is.ued in ftwOr of, lind iltCooptad by, Lender in cOM9Ction with thild):esa of Tru8t, anti Ib) GrantQr has the full right, power, and authotity_tu ex8Clrte and dlOilivOr this Doed 01 Trust 10 lander. DefenSit 9f Title. Subjeo;:t to. the exception in tt'Ii!Iparagr4(loh abolle., Grantor warranlB snd wiG forelflllr defend tile title to the: Property against 1he lawfut claims of 011 persons. In the event any action or proceeding Ie commenced tnat questionl Grantor's tltle or the Interest of Trustee or lentklr under this Deed of Trusr.. Grantor .hall aefend tf1e ection at Grantor'a expense. _ Orantor may be the nominal party in such proc6edlng, but llInder sball be entmed to particlpate in the proceeding ilnd to be reprHMted In the proceeding by courlSoel 01 Lender's own choice, and Gramor wlU deliver, or cause to bfI delivered, to LetJder such instruments M lendor lTIIly requQS1 from time to time to permit such partlclpation. Comp"nce Wlth Law.. Grerrtor warrants that the Property and Grentor's llS6 of tho Property compiles with ,II exlstinu 8~pljceble laws. ordinllnneli. lind roegulations of governmental authortties. Survlvtd of R.p"'n~tIon$ and WaffiUltial.. AU I"8preuntatiOfl8, warranties, and agreemenb made by Gramor In thil Deed of Trust sha~ aurvive the 6-XIlcution and ooliVf1'l'y of thole Deed of Tnlet, shell be oorrtlmrino in nllture.. and shall remain in full tOfoe and .fleet until liuch timEI aa Grantor's Iruieb18dnass siulll be paid in ful. CONDEMNATION. The following provisions rMsting to condemnation proceedings era a part of thi8 Deed of Trim: ProcudJrlga, If any proceeding in col'Klemnation is filed, Grantor shall promptly notify lendelr in writing, end Grantor shall promptly take such lteps as may be n&ea$!IUIly tc defand tha action 8fId obtain tile ewald. Grlllltol may be tAe notninel party In ,ullh prooe8din{j, but Lendoet ahall be entitled to participate In 1he plOceedirog lind to be representod in the proceeding by COUMI&I of 118 own choice <In at Grantor's expense, IWld Grantor wUI deliver Of cause to be doliverad to Lender Buch Instruments end documemation ali may be requested bV Lendoar from time to time to petmit sucll participation. Appicatlon of Net Proc:iltlds. If all or eny part of the Property is condemned by eminent domain J)1DC8edif)gs or by «1Y prOC/il1Jlj1ng or purchase in lieu 01 COIIdtimnerion, Lender may at its election r«j[jre thst BII or any portion of too net ~rocgeds 01 the award be applied to the Irnklbtedneas Dr the repair or restoration Df the Proputy. ihe net Pl'OO«!Bds of the 8Wald shaU mean the eW8Id aflBr payment of all re/J:!lonable costs, \!I~j)6I\Ses, and 8Itor/lllYs' foees incuned by TrusteE or umder in con~Clion with the condemnation. IMPOSITION OF TAXES. FJ:ES AND CHARGES Jf'( GOVERNMENTAL AUTHORITIES. The foHowing ptoviSons relating to governmental ta)«l$. feea and charges ate B part 01 this Deed o.f Trust: Cumtnt T_, F ... IlI1d Chatgos. Upon reQIJe.rt by Lander-. GrllntDl' shall execute such docuITlItr'rt$ in addition 10 this Deed of TrlJ8t and taka wha18vltr otl'tar action is requa.ted by Lender to perfect and continuo Lender's lian on lhe Real PrOP'lrtv. Gfilntor &hall reimburse lender for all taxes, at! described below, toge1hGf with all e;.cp8nsee Incurred In 'recording, perfecting o. continuing thk; Deed of Truu, ineludirog without limitetiOf1 all taxes, fe.!tll, do.cumentary stamps, e.nd oUler CNTge6 lor raeordlng or registering this [)e:",d of Trust. Taxas. The following shall cot'lS'titote texe8 to which. this aectlon appllea~ (11 a specific tax upon this type 01 Deed of Trust or upon all or anI" part of the Inde!rtedl\e&a .ecLJl'OO by mis Detld of Tnst; 121 a speo;:tfiO lax on Grantor which Grantor b authoriled or requlroed tD deduct irom paymentlJ; on the Indebtedness Istored by this typo of Deed of TrUlrt; 13) ill tax on this typa of Deed of Trust chargeable against the lltf\daf or the holder of the Note; an!;! 14/ a specific ta)l on all or any ponlon of the Indebtedl'1e$lj: or on pollYfll8nts of princIpal end interest made by Grantor. Subse.,ent i.-a. "any tax tD which thi8 saction applies Is anacrted subsequent to the dete 01 this Oeitd of Trust. this evenl SMD have the semEl effect III an Evem of ~fautt. and LBnder MillY exercise any 01 liD of its. eliailllbJe ,8IJ'ICdiel: for lin E1IBnt of D8fault 8:!1 provided ~gW unlel8 Grantor either IH pays the tax before it btlcomes delinquent, or {2t con~ the tax 88 provldad above in tM T 8XOS Iltld Wens l58Coon bod dspcsita with Lender cash or ill 8uffic;ilmt corporate surety bond or other S8Cl$ity satlafactory to Lender. SECURITY AGRI;EMENT: FWANCING STATEMENTS. The followIng provisions -reliltino to this Ootid of Tl1.ISt am a $l!Icurity ~9"emant ,\Irs 8. part of tllhl: 0e00 of Trust: Security Agreement. This inatrlmloent shaH conatitute a S&curity Agreement to the e~ any of the Propt;trty constitutu fixtures, and llitllder malt heYa aU 01 th8 riQhta of .. Hcured party uno&r the Unllorm Comlll8lcial COOe as .amended from tlmoe 10 time. S*CUrity InterUt. Upon reQI.IDGt by !.ender, (JraDtOr shall take whatever ar:$n is f~ted by Lender to perfect iUld Ctlntinue Londer':II security Internt In 'the Rents lind PersDnal Property. In edd1tion to IltCOfding this Deed of T,u$l: in the r(lal property rfleortb;. Lender may, at anv time and without further authorizetlon from Gr""tor, filfI execub!td cou"*p.arta, copies or reproductiona of this D"d of Truit as a financing atetament. Grentor 5heB reimbllfse land8t tor an oeXpanses Inc:wred In perfecting or cominulng this SElCurity interest. Upon delault. Grentor ./Ihlllil I1IJt remove, sawr or datach lhe Perional PrDPortv from the Property. Upon default, GrllnIQr shan assemble eny Person!,1 Property not affix&d to the Propert:V in a mslVler and at a place rSlliOOebly convenient to Grlnnor and Lender and make it available to lender within tht098 l31 daya after receipt of wriuen demand "om Lander 10 Ille ex.tent pr:!nnittetl by lIpp~cabie law. Addr .... '. The mailing addresus 01 Grantor ldebtorl and lender lseel$ed Pllrty) from which information concerning ttJe aeeurlty Intereli[ gr"ntecI by ttJis Deed of Trust m~ be obmined (Nlch 88 required by the Uniform Commercial Codelllle tiS s18ted on the first page of thl8 Deed of Trus~. fURTHER ASSURANCES: ATTORNEY-IN·FACT, The followirnl provisions relating to further 8SaUfances and iIttOro.y-in-fact are a part at thb ONid of TfU$t: FurtMr AlsWllrtIlea. At any time, and from time to timEt, lIpon reqUilIi of lender, Gramor will mr.&ke, execute and del .... ar, or will cause to be made, exeo~ or d~lv&red, to l.arJder or to LendGr's designee, and wilen raquo8led by Lend$(, cau" to be flied, r~orded, rwllled. or rerecordiICI, as 'the case mev be. lit such times end in such offiGlJl'i and pl8GH ea Lender may daem epproprlBw, e.ny and all such mortgages. deeda of trust, ,ecu-ity deed!!, security DWf!.!!IifY!09ntS., ~irlg ~tam!ilnt!!, CQIl~tiQn '.t8~mem:s, instrumant& of further .UUIlII1(;Il. certificates, and o1lier documenta-u may, In the aole opinion of Lender', be nooessary or desirable In on:ter to effectuate. ~ttI. perfect, ()Of'Itir'l08,· or prea8JVs III Grantor's obllgatloros undef the Note. tNa Deed 0-' Trlllt and the RetHmd DoCllmSnt!l,.nd (21 the liens end AIl\.rity lntereIne Cl&atBd by this Dsed of TrU91' N flrs.t .BfId prior liens on 1110 Property. whethar now owned 01 herMlter aequired by Or9:ntor. UrVess proh\bitoed by lew or Lender agree-s to the cDmrary in writing, Grantor ahell rofilMbtJrae LGnder for ell costa and 1l:q)8f)Ses incurred in connection with the matters referrmd to in thi8 paragraph. AttDlrNy-IIHI.-ut. If OrantOl" ';Ills to do anv 01 the things referred to in the pllIoCllCling pelagraph. L.ender may do &0 ...,.",."'",," .... , ""'" eftA ... LoBn No, 170012086 DEED OF TRUST { Contill\l8(H Pig. 6 for and In thn nama 01 Grantor 8IId at Grantor's el(penH. For Itx:h PUI'J)OSe5. GrM\()f herltby irrevocably appmnts Lender as GrantOr's lIttorntly.in--lac;t fur the: purpose of making. executing, deJiveri[\9. tiring, recording, end doing aD otlHlr tlW)gs as mlly bIl I'IOCeShIY or desirable, in Lender's. sole opinion, to accomplish the PHlitters re'erred to in the pr8cedi~ paragrllph. FULL PERFORMANCE. If Gramor paya all the lndebt8d0e8s When dUEl. and otherwise p&rforml all the obligatioO$ impoood upon Grantor under this Deed of Trust, lender shaD eXllcute lind deliver to TtlAtee II reque5t for fIJI rec;:onvvyancQ and 5hall execute lind deliver 10 G~ntor suitable atatementu o.f tenninlltion of any firMnclng a1atemenl 00 file .videncing l&nchw', lecurlty imerest in th.e A&rrt8 and the Persona' Property. Any rflGornr.'1el"lCe fee shall be pafd bV Grantor, if permitted by app/\c.bte law. TM grantee In &l'Y rfu;;onveyance may be described as the "person Of perl'Ons legally entitled thereto", -and the recitel's in the le<lonvsyance of any matters 01 facts shall be COIlClluslu.e proof of the tn.rtl'lfutmtlils (If lin';' such matterll (If tae!s. EVENTS OF DefAULT. Each of the following, fit lllfldel'. option, ahall constitute an Event of Default under this Deed 01 TfUllt: Payment Dtlfault. Grantor taits to make any payment whsn due ~r the IndebledneiO';. Other OtIbults. Grantor hdb; to comply with or to perform any otfIet t.!lfm, obliglltion.. collenant or col\dltion contain&d In this Deed 01 Trust or in any of the Rel8ted Documents or 10 comply with or to perfoJTJ1 any Term, obligation, eollenant 01' tlordmon contain.l:d in any other agrHment between lAnder and Grantor, Complianee. Default. Fellure tcJ. compl.,. with any Oltl81 tenn, obligation, covenant or concfioon contained In thla Deed of Trust, the Note or in any of the Relltted Documenl$. Dtotault (In 01hu Pa'l/llllllrn., FaUure (If Grillntor within 1he 1ime required by thb DMd of Trust to mah any payment for taxes or inaurance, or any other payment necesSBry to prevent filing of or to effect dlscherg.a of any lien. Falae SUtenlents, Any warranty, r~ntation 01 statement .made 01 furnished. to Lender by Grantor or on Grllntor's behalf under tlWs 0$e(I' of Trust or the Relat.ed Oocumenll is fain -or mi&Jesdlng in atly meterial respect. eittMH now or et the time madII GC furnlstw:d or becomes false or mieleadlng lit any time thereafter. o.fectfve CoUat.,lIltation. This Dead of Trust or any of ,he Relat6d Documents c:eaaea to be ttl full force and ertact Ilncloding 'aHUla 01 any l;<oltat8fal doc;UrT1ellt to Gr&a16 II valid end perfectad ,;&curity intereBt or lien) at any time end for any raasotl. o.ath or blliOlvency, The dl6801ution of Grl'lntor'a lregardl&$s of whether election to contin~ Is madal, any member withdraws from the limited liability IlOmp.any. or IIny other termination of Grantor'e existsn!;;a 88 8 going busineoA or the death of any member, the insolvency of Graf"rtor, the Ilppoirrtmerrt: of e tltCeiver for My PiII't 01 Grantor's property, any oStliglVnent for th6 benefit of creditors, any type of creditor workout, or thiJ r:omfllElncement of any proceeding under any bankruptcy or insotvency lown b.,. or agiilnst Grantor. Creditor or Forfeiture Pmcoe4lIngt:. Comme'H:ement of forecloaUJ1i! or forfeiture proceedings, whether b.,. judicial proceeding" lielf-hiWp, reposaes1Sion or anv Olher method, by {lillY crsdltor of GnU1tor or by aQY (joverl"u'l"lflntel agency .. gai ...... any property ~ecurlng tho Inclebted/lflS. rue Includes 41 garnishment of any of Gr8lltor's IICCOunts, including deposit 8(:00001$, with Lender, However, this event of Oefault ahall not appty if there ill • OOOd faith dispute by Grantor lIB to the vaUdity or reDtonablone!;la of the claim which ie·tho baais 01 the tlredrtor ot torfeiture proceeding and If Griln.tor gille;!' lender wriuen notice of the llreditor Of forfeiture proceeding end deposita with lender monies (N" a luret'( bond for the creditor or torletture proceeding. in an amount determined by Lender, In Its 1~.diso.re1toll,.CII$ be.tng an adequitle reserve or bond tor the dllpute, Bfuoh of Othllr AV'lMmBnt. Any ilfeach by Gramor undor the terms: of any oU1.er egl'Hment betwfl8n Grentor and lander thllt is not ramediad within .any graca pariod provided ther»in. Ill~'udlng without limItation any agr&4lmt;lnt cOIlC!!ini"" eny indttbtad·.,.u or other obligation of Grantor 10 Londer, whether existing now or laler. Ev.nte Aff.ctirtg G.UlJrBlltor, Anv of the prl!lceding evetml OCClJrs With reJlpBCt to IBIY GuaramOf" of IllY of the tndebtadnoas or any Guarantor dies or becomes illcmnprtent or rlilloklQ or disputes th& validity of, or liability uru:ief. any. Guaranty ot the Indebtedness. In the event of 1:1 deeth, Lender, .at its option, may. bvt shall oot be required to, permit the GU6Ientor'.zi' ~tBte 10 M!sume unconditionally the obIigatJoru; .rlsing under the guaranty In e m~nner satisfactory to lendar, end, in doin{l' SII, cure any Event of D.fault. Adver~ ctMu1g1lll. A material adverse chanoe occurs in Grantor'a financial condition, OJ lender bel"levtl8. the prospect of j)ilymBnt or performance 01 tM Indeb-r.dne&8 is impalrod, meouritv. umder in good faith balieW8 Itself in.l8cute. Rigtn: to ew... "any dajault, other tIlsn a defeult in p,!!ymoot ia curable and if Grantor hIlS nm baan given a notice of a breach of 1M lame pr1)lIi8ion of tills Deed of Tn..t within tha procoding twetve 1121 months, it may be cured If Gtenwr. after reGEIIving written N)tIoa from lender demanding cure of auch default: '11 (:I,l'" the defautt within tIIn ITO. d.aVl; or l.2j Ifthll cLlle.requirea mOfe tIMon 1M 1101 d.lys, immediately initiats •• wP' which leruMf deams. in lender's #ole dilCfeOOn to be suff.lclent to oure the defalit and thereafter continuea and completes all rea50n.-bJe and nec88$8IY stePS Dutfi~ent to prodlJCe Cl9mpiiance as soon 8IiI ree.anebly practical. FUGHT8 AND ReMEDIES 'ON DEFAUlT, If an Evqll1 (If Dafaull oceunil undef" thk Doted of Trust, at any lime·tf!afllatte,. Truatea or lender mey exercme any 0 .... or mora of the-foll~wing rights and rflll1edle$: I;I&cUan of R.mtdie'. Election by lJInder 10 pursue any rerMdy Shan not e~lude pW'suit of My other remedy, and an e1edtion to meke e~anditurea 01 tD take action to perform en obligmlon of Gr8nklf under this Deed of TrUll', aftilr Grantor's feilure to perform. tlMIJ not allecl btndar'$ right to declare a default and oxercise Its remedies. Ac:c~~ lnd&btadnHS .. Lander-shall hall ... the rig'M at iW 'option to deciare the entlrQ Ind&btedrINs immediatelv dull and payable, including any prepa,;,mem penalty which Grantor wvukl be reQUired to ply. Foq;do,tIN, WIth reapect 10 all or .any part of the Real Property, tho Trustee ,haA hl:lve the right to exerclS8 Its POW8I of &I:de: and to fOfeCrOu by notice and 11818, 11M lender srntII have the-right Ul foreclose bot judicial fo~eolosure, In eittler case It1 ae~rd&nce with a~ 10 the fuN eKb:nt prollided by applicable law. UCC A.m.dles. With resp&ct to all or any part 01 the P8f$O.,.1 ProP«tV. Lsnder shall have aU tho righta &tid remedies of I seolA"ed party I.Jndw the Uniform Commerciet Code, C.lect. Ranb'. lender shalt have the right, witham notice to Grantor to lake pCJllSeallon of and manege tha Pf"Ojlerty end collect the Rants, mcluding amounta past due lind unpaid, and apply the net proceeds, over and abo\le L.eoder's costs, egeirult the IfIdebt~. In furthet-IInce of this rl9trt.. Lahd." may require any tenem or other U3et of the Ploperty to make payments of rent or U1i18 Ieee directly to lender. If the Rents lire col&ected by lcrtder, then Grantor irrevocllbly ~sig!1etos Lender Gill. Grantor's atlQr.ney·lJ1..fact to endorse instruments'received In peyment ttlereof in the nama of Grantor and to nagoliat.e the same ahd coUect the proceeds. Pa~ bytenanl$ or Olher uaer5 10 Lender In response 10 lendaf', demand shall sHtlll1y the obligations tor which the pavmenU are Loan No: 170012066 DEED OF TRUST (Continued) Page 6 made. whether or not any proper grounds. tor the dBmand !OOswd. Lender may o)CO)I'Chie its rights under thl& subparagraph either in penson, by agent, or through II reoeivf:r. AppOlnt Receiver. lIInder 6halt have Uk:! light to have a racej..,.r appointed to :UlKe possession of liN or al'lY P8rt of tht! Property, with the power to protect and pt'"UI>srve the Properly. 10 operattil the PrOptlrty preceding Of pelldir\Q forsolOflUte or sole, and UJ. ooHect th& Rents from 1M Propeny and apply the proceeds. OYU ond lIbove the cOO of the receiWlrsh~. against the lndebtedneas. Tile rilOliliver mal' t;Qrvl!; without bond it PIIrmitted by law. Lender'l; ri{fht to 100 appointment of II receiver ~hall e..ast whether or 1'lOt' the apparent valutl of 1M Property 1C;.:cee.dS the Indebtedoe!lS by e au!)stantilll amounr. Employment by Lender shOll! oot disqualify II person from serving as II reeeNer. Tllnancy at Suffft1ll\CII-. It Gumtor remaiM in p<laseuion of the Property atter the Prop«ty is sold as provided abo\le or Lender otharwille bec.omas entitled 10 po$Seuioo of the Propert)' upon delault of Grantor, GralJtOr :shell ba<:ome a 'tBnant at sutterlU'lce of Lender or the pulcttaser 01 the Property and shall, at Lander's option, either OJ pay II reaBOnebie Jemal lor me use ot tha property, or (21 vacate the-Property immediately upon the demrmd of lend8f • Oth.r Remedlu. Trutrtille or Lender shall1t8\1t: any other right or remedy proVided In this Deed of Trust or the Note Dr by law. Notice of Sale. Letlder shall gIVe Grantor reasonable notice of 11\9 dme and place of any public sate of the Persone! Property or of tho time att-lilJ' which .any privata eale Of oth\tr intended dilOpoIiltion of the Personal Propt:rty ilS to be made. Rellsonable notice shall mean nolica given et least ten (10. days b6fOlIl the time of the sale Of dispOsition. Any 15111& of the Poroonal Propoerty may be made In conjunction with any sale ot the Real Properl'J. Sele of tlHI Prop.ny. To the a1l:tllm jl6I'mitted bV appficable law, Grent()r hereby waIVes any ano ell rights to haVIl the PrQper\y mar$haaad. In exarci5ing its lights end remedies. the Truste6 or l.end6r shall be frea to sell all Of eAy part of thll Prollfl'tv toge1hf.jr or sepa-rataly, in one aaJ~ or by separate sales. l4ndsr shall be entitled ro IKd at eny public nJe on al! or any portion 01 the PlOperty. Attorneys' Fe_; ExpeR5e$. If und6r inatltutC$ oIIny suit {I( iICtion to enforce any of the terms at thia Dead 01 Trust, lender shall be entitled to recover tUGh sum ulhe CQun ma,! adjudge reasonable as anomeys' Ieee et triell and upon any IIppeal. Whether or not any court flation Is involv&d, and to the ext$nt not prohibited by law. all reasonable axpent.e~ Lender incurs 1h6t in Landor'~ oJ)infon are necessary at any time lor me protection of lUi intere.st or tho enforcement of lUi rightt> 8hell bacome e pert of the Indobt6dnoos. payable on demand and shall baaf lntaresl !It the Note rllte from the dale 01 tile e)(Jlenditure unti( repaid. ExpenaK covered by this p~raglaph include, without limitation, howe\let subject to any fllTliUi utlder epP-licabW law, l.ander·. attorne:y6' faet; and l$nQij.r's legal e;.:penset;, whe1her or no-t "there ia II lawsuit,. iflcluding IrttOfT1El~' feea and expenses for ba/lknJptcy pro~diog& IInclodill.Q elforu w-rnodifv or vuc.8le any automlltic aUlv or injuJ'lQtionl. lIppeels, anu any anticlpat«l pou·Judgment cn'lection servloes, the oo.t of alllll1:hlng recordi, obtaining title reports tincfudlng foreclosure reportsl. -WlVeyors' reports, and appraisal loea, title b'lllutance. and le85 for the Trvatn, to the-extant permitted_by applicable law. Gramor also will pay eny court COlts. In addition 10 aU other BUmI provided by law. Righta Clf Tntetee. Trulltse ohall I\<I\le en of the rights and duties of Lench,r /'IS aet forth In this section. POWERS AND OBliGATIONS OF TRUSTEE. Tho following provj,lions r!Hatlng to the powers and obHgOitlOO$ 01 Trustee jp!.B'SUBnt 10 Lender', InatrllCtions] Bre part of this Deed of Tru~: Pow .... of Tru.tee. In 6ddttlon 10 all powers of Tru816e Cll'1$1ng as a maner 01 law, Trl.l51ee .shilll have tlte power to take the follewing actions with nlSPtlC't to, the Property 1,Ip!)fl the written request of lender el'Kf Grantor: (III join in preparing and filing a map or plot 01 the Real Property, Including tha dedication of $trtlet:l 01' olher rights to. the p>.Jblic; jbJ join in granting any easiln1ent or creating itOy resbiclion on the Real Property; 8nd Ic) jaln in any subordinetion or other 8Or&em8nt affecting this Deed 01 Trustor the inlef'ilst £If Lend8l' W'loor thllS Deed of 1nl8l. Obli{Jatfoni to Notify. Trustee ahall not be obligaled to notify any other plIrty of e pending s.alc lDlder any other trust deed 1)1 lien, or 01 any .action or proceeding 10 which GrentOf, Lender, Of Truatee 1I1l1111 be a parIV. ~s reqUired by eppJiceble law. or unless the ectlon or proceeding is brougltt by Trustee. Truet ••. Trustse shell meet ell qulIlifiGlItiona r6qUired for Trus.ee under appiicable lew. In IIdditlon to the ri{Jhts and remedies eet forth abOlJe: with respect to all Of' any tlan Clf the Property, the Trust" 5hail have tl\e ngflt III foreclose by notice and sale. and Lender "hall have the right to foreclose by judlctal fClrecloslle, in either caBS in. accordance with and to the lull fj)(tent provided bv applicable IIIw. Succasaor Trustee. Lend«, at Leodar', option. may from time 10 tima lIppoint.ll IW[;Cehor Tru.tee to any Tru:rtee a~pojl'lted under this Deed of TtUS1 by an Instrumant !;lX~1,ftad and acknowtedgad by leoder fIfId recorded in the. oHioo 01 the recorder of, KING County, State. 01 Washington. The instrurTlllnt shall contllin. in addiUon to all other matlers required by Itate law. the nameG 0' the original lander. frustee, and Grantor, the book" lind page Dr the Auditor's Ate NlM'nber where thia Deed of Truat is recorcled, and lhe name and address of the lIu!;Cessor trustee. and the il'lstrumer\t. siWI be ex&Cutad and acknowledged by Lender or kB 5UCC8S60f6 In Interest. The 8IJ(:CltSllOl' trustee. without conveyance of the Propertv, shaH succe&d 10 all tile title, power. end dutlu conhl'rfed upon the Trustee in thi;5. Deed of Trust and by appliceble law. This prooedure for substitLrtl(m of Tr~ $haU govern to the ~c!usion of 1111 other provisions for eubstitutlon. NOnCES. Subject to ilpplicable law. ilnd except for notk;e required OJ aJlow~ by I .. ..." to be given in ilmother manner. any notice reQuire-d to be gtven umler this Deed of Trll$t, Including wIthout limitetion any notice of defeult anlt any notice ot sale sha. be given In writing. Bnd shall be effective wh«1 ectu&lIy delivered. whefl actuflNy receruod by teiefMslmiJe lunlesa otherwis9 required by l.awl, Whall depo$ired with a nationallv recogrized OVCirnight courier. or. if mailed, whEm depoalt6d In the United States mail. iii first clalll. certifJed Dr registered msU postage Pf8p8ld. directed to the eddre_ IIhown noar the bagmng of this Deec ot TrUift. All cople$ ot t'lOticas of torecloeue from thI!!I holder of a.ny lien which ha:;; priority oyer this Deed of TlUst ehall be sent 10 Lender's address, as shown near the beginning of this Deed 01 Trust. Any party may change its .edd~ tor notices ooder INs Deed of Trun by giving fomUil written noti[;e to tr.e other perti6a. apecifving thet the purpose of '\he notice is to change the party'" addl\l!la5. For oo1ico purposas, Grantor agr~ to keep Lendflr Informed at all timea of Gntntor'~ C\llTent addrau. Subject to eppOcabl& law, and elUlept lor notk:e raquirtld or ellomd by law to be given In another manner, It there Is 1Tl(I(8 than ons anlntor, .,y notice given by lender to any Grantor if; deemed to be Mtlce gNen tD aU Grantor •• MISCELi.ANEOUS ~ROYI$IONS: The'following mlscefloneous prov!slons lire a Pl!'rt i:Jtthis Deed of Trmt: Amendmerrb. This Deed of Trust. tog6-t/"lU with any Related DocvmEtTltill, constitutes the entinl und8l'mndlng and agreement of the portioa liS to the matter. Bet fonh irithla Deed of Truat. No 'atterat\9n of or amQndment to this Deed of TrlJlrt .haII be eHectilre unI~ giV4!ln 10 writing and algned by 'the party or pactie:&: ~ught ttl be charged or bound bV the !!Ilteratlen or amendment. AnnuM JI:~. If ~11e: Property iI uaed f~ p!.llpo$Q o'Iher than Gr.antor's residence. Grentof shall furnish to leoder. upon requeit •• cllrtifled ltatem(!nt of net operating Income lecehoed frorn the-propertv duling GrantOl"a DIV\"n In I nh' c-nt """"'7' .. Loan No: 170012066 DEED OF TRUST (Continued) Pag.7 preVious fiscal year In ~uch form and detail as Landelllhlll.re~ire. -Net operating income" silo!! ITItlM all cl8h reCeipts from 1M: Property t!:ln all C18h experrditurtrlB made in connection With the operation of the Property. CaP1ion Headings. Caption hEMildi~ In this Daed of Trusl ara for oonwnktnca purposes only and life not to be used to Ir'rt&tpret Of define the provWoos m this Deed of Trust. Marger. There shall be no merger of the Internt (lr "tate er&atad by this Deed of Trust with eay other Irnerell or D$tata In the Property at my time held by or for the benefit of lender lrl 81W capacity, without the written COflSent of lender, Goverhl", Law. Thlt DiHtd of Tl1m wll b. lIovemHi by faden, law epPlcable 11) Lender end. 10 the onnt 1\01: preempted by fed.rilll III •• the la.w. of II!. Stat. CJf WuhingbHT wfUJout r.pr4 to ita con1ile1t of lew prowleiona, Th" Deed of Tnm haa been acc-.ned by Lend.r In"ttlll Sla~ of Wutmgton. No WIiv.r bV Lender. Lender ehall nOt be deemed to have. waived lin'( rigtns. under this Deed 01 lfUSt oolewlil Buell waivet ill given in writing ~ signed by lcnd6f. No d.uay or omlssbn on the part of Lenoer In 8X101lC~ any rigf11 shaN operate as a waiv6f of such riqlrt DI'" MV olher right. A waiver by Lendsr of a pi"avi9lan of this Deed of Trust shall n01 prejUdice or constitute a woi\fer af Lander's riglu otharwise to damand strict compliance wtlh that provision Of any other provision of this DIlled of Trust. No priar walv9f by lender, nor BTIV course of'deaJll'IO OOtwssn lander Bnd Grantor, iIIh~ conatitut!! II waiver of any (If lender'-&: right, or 01 any -ot G •• nlor's obligations /Ill to I:Iny future bemlllCtions. Whenever the cona!!nt aflendef iii r~ub'ed lIfldar thIS Dead of Trwt, the granting: of such consent by lender in eny instanca ahell not constitute comlnulng CUl'1lillt to atJb6equent instance!! Where such consent ia 'E!quired and in all ClSttfl auch COIlSEmt may bD granted or wllhheld In the lole dllcretion of L«Id6r. 51Wef'&b1ity. .. a cota1 of competent jurladlctlon finds any pjovlaion or thiI DHd of Trust to be IIMtg.I, Invalid, or unenfOroeabie aa to any clrcumalal"l(:e, thlIt fioomg shall not make the offending pfO\ll8lon illegal, Invalid. or· unen,foreeable as to tiny other eircumslllJ'l(;e. If fsosibkl. the uUending J)fOVb.ion .h,1I b.e consldared modified so that it. bBcomu I&g~, WIlla 8I'Id enforceable:. If the offending provision C.f1Il~ be so modified, It shall ~ considered deleted from th~ Deed Df Trust. Unless otherwise required by l;tw, tha JUegality, InvalfdlW, or unentorc:CIlIb/Iity of ally j)rDvi,ion of this Deed of Tutst shall not IIUect the legality, validity or enfnrcltabKity of any other provision of this Deed of Trust. Succes~I;Jr5' and A .... Subject to any limitations statad in this De6d of Trust Cln tran.fer 01 Grantor's intBlest. this Deed of Trust shall be binding upon and inure to the benefit ()f the PIlrt1es. their 5uccellSOr6 and assigns. If ownership of the Praparty bocxHnea veated In III p,~on other than Granlor, lender, without notice to Gr.mor, may 1;Iij~1 with Grantor', 8ucces80ra with reference to this Daed of Tf'Uil:t and the Indebtedness by way 01 forbearance or extefl8ion whhout releuing GrBrllor froM the obfigatlon& of this Deed of TrUII:1 or liabiflty unda.r th8 Indebtadoess. Time Is of ttl. DII8IK». Time Is of the IJIisence In the perlormaJ'ICEI of thia Deed 01 Trust. Waivw of HomaShad Exefflt)tlDn. Grantor hereby relaases and waivu all rights and bonefits of the homestead eXemption law~ of the State 0' Washington IU to elllndebtedness .secured by thls Deed of Trust. DEFINITIONS. Too following (lspitaliled ...... orda and terms Shall 1'wIV$ th6 folloWing moanings whon lJlIed in this Deed of Trust. Uf)less specifically 5t8tsd to the corrtrary, all references to dollar amounttl ehaR moan amounts In lewfu! fI)Oney of the Untted Stiltes of Amerio.. Words.and terms used In tho "Ingular ahaU inolude the. p1~cl. and the. plural stull include tho singular, "'" ~ eontext may require, WOIde and tenna. not otherwise defhed in '!hia Dead of Trun,shall QV8 the maani"9' attrIbtited to such terml in the Uniform Comrnorclal Codl!s: Beneficiary. The word "Brmeficlary" metllna NORTHWEST BUSINESS BANK. and its StICChSQrs and essig .... Borrower. The word "Borrower" meeflO; RID<3eVIEW COURT lLC and int:IUdes all co-aigitere and cCMrUIkers signiilj the'Note and ell their 8uceaaaol'll. end asa/Qn$. eeeci of TML The words "Dtted ot Trust" milan this Deed ,01 Trust Iimong Grantor, Lendor, and Trustee, end Includes wltl)out limitation all assignment and .eeurily Inteteat proyit!ons relating to th.e Peflonal Property and' Rents. . Default. Tile word "Defoult" meens the Default sat forth In thI:s Dead of Trust In tna seQtjOJ'l titled "Defautt", Evenl'of Defowlt. The woros "Event of Default" meen any of the events of defllult set forth in this Deed of Trust in thO 'iivents 01 delautt section of thili: Deed of Trust. O,.ntor. Thlt word "Grl:lrnor" meens RIDGEVIEW COURT LlC. Gu.,.mor. The word "Guerarrto(' means any guarantor. eurety. or accommodation party of any or all of the Indabtedneas. Gusnsnty. The word "Gua.-anty" moans the guaranty from Guarantor to len~r, Including without lImltlltion a guaranty of all or part 01 the Note. Improvemet\b. The word "Impf{WemerJt$" means lIiJ existif"I(J and future improYameJ'ltl!., bulJdings, muct\Jr&8, mobile homes ,ffilled on tile R$ll Property, facilities, addftionl', replacement! end other construction on tho Real Property. Ind..,.IIdIQA,. The word "IndebtOOnes,' means all principal, intO(eet, lind other amoum:a; COlli and expe_ paVabie under ~ Nota or AIIldltd Docum.~. together with all ranewal., of, extens/oll8 of, modifl08tioflfl ot, comolldalioflll of .100 sub$tltotions for tho-Nole o~ RebtacI Docum0tJt8: and any .mounts e.xpended Qr Idvanced by LeOO81 to discharge Grantor's obAiQations 01 axperwtlS incurred by TrUstee 01' lender to Mforce Grantor', obIig.atlo~ tinder thie Deed 0' TrU5't, together with lm&rest on 8uch amounta u provided in this Deed uf Trust. Lender. The word "l!!ndN" meens NORTHWEST BUSINESS BANK, iu 'UCC8$$Ors and .. &Jon$, Nob.. Th6 W(lfd 'Note~ means the promissory note datetl OC1(1tH1r· 26, 7005. 'in the original principal amount of $1,626,000.00 from Grontor to lender, tagatMr with 611 renQwals of, elrtenrUoflll. of, modItJoiltioRli of, re1inancinga of, consolidetiCll\S Qt, and ~. for th8 ptOJniaaofy nolll Of agraerrxrnt. NOncE TO QJ:lANTOR: THE NOTE CONTAIII5 A VARIABLE INTEREST RATE. P.rMlnaJ Property. The wOJdIl 'Personsl Pr()pertyw mean all equipmant, btunts, III1d other artic~ of perSDhllI property now or ·herelllftef owOlid by Grantor, Blld now or hereafter attached Or ~ffh:ed 10 tOO Aeal Property; together with all DCCeS$iollll, perts. and additions to, ali raplec&mentl of. and all .aubstitutions for, any of such Pfoperty; and together with ell issue, end profits thereon III'ld procltllds liocIiJdjng without IImnation aQ inalJ'anco PlOC(!l!ds 8nd refunds of premium!!1 trom any sale 01 other disposition of the Property. Prop_tty, Too word 'Property" maans coUactwely the Aeal Proparty and th& Peraonel Property. Real Property. The WOlds "Real Property" mean ltIe real property, Interests and rights, 8S fufther oescrlood In thlll Deed of Trust. Loan No: 170012066 DEED OF TRUST (Continued) Page 8 Related Oocumsnu.. The worDs "Related Dccurnenl$~ mean all promissory notes, credit agreemetlts. klan ~reements, guaranties. 8UCurity agreemenU. mortg(lgJ!ls, deeda 01 trust.. lWCU"ity deeds, collatefal mortgages, and ~! other il\8trum.entll, agreementll and documanls, whettllllL now or hor8sftor exb;tlng, 8)(ecuted in connet::lion with the Indebtedness.; provided, that the envirON'l\cnUlI indemnity .agreem811t$ ;;Ire not 'Relsted Oocumttnb-and Me not secured by 1his Deed 01 T ru"t. Retiti. Tnt word -Relll:s· mallna all praSollnt and 'ututl) renu, revenues. iIIc:omll. bsui!l8, tOVlllti6a. praflts. and other benefits derived ffOfll the Prop8ft)'. TrUS1ee. The word ~Trustee· mIIans UPF INCORPORATED, -fJ. WASHINGTON CORPORATION, whoS& mailing addr.,s I, 910 WEST BOONE AV£, SPOKANE, WA 99201 snd Any sub.atitut8 or successor trustees;. . GRAIIITOR ACKNOWLEOGES HAVft.1G REAP AlL THE PROVISJONS OF THIS OEED Of tAUST, AND GRANTOR AtJREES TO 11& TERMS, GRANTOR: LIMITED LIABILITY COMPANY ,ss COUNTY OF --"k".,,"',,'7"1-------- On thils 2 S' dey of or..rn<y;(I... , 20 ~, be10re 1rMl, tile undersigned Notary Public, personally appeared ROBERT P. WBlZl.. PrHktent of APW }10LDINGS, INC., and perwnzllly known to me. or proved to me 0r'I the basis of SatiafBlltOry avldunce to b~ a mliimber or deslgnatfld agent of the limited liability company tM_t eX6Cuted the Dead of Trun and acknowledged ti'>& Deed of Tnl$t to be 111M tree III1d voluntary lIet and deed of the limited liability company. by authority of statute. its articles of ort}3nl2stion or 118 op6urtlng agreement, for the uses lind purpolSe8 thtifBin m8l'ltioned, and on Gath atated that tis or ,hi, Is euthortl:ed to exeeutl!l this Deed of TruSt lind In tac.t exeouted the. Deed of TI1.JIrt on behatf 01 the limited IiflbilityGOmpartY, By fl:,.... Wb .... ,_ .. _t,.,./;"'",<J'ITw,;t£"'--___ _ Notary PubHc., and 1« the 51ate of~ MV commlnlon *xpireJi OVcJ1-0l{ REQUEST FOR FULL RECONVEYANCE To: __________________ " TruatlMt The underaigned ia the leoa' owner lind holder of all Imiobtednau secured bV this Dl'led 01 Trust. You NO hereby requested, upon payment tlf all sums owina to VOU, to reconvey without warranty. to the pI;Ill;Ons; entitled thlll.to, the right, tide and Int.rut now held by you ul'llklt ma Deed of Trust. Date: Benefict.ry: _--'-'-______ _ ~,--------------- "" ......... a..-..._ ........... __ ._'_""_ ...... m •. _ ........ __ ..... ~ .. _,-"" ....... ......- ""'""",,.. ..... ftft,_ ....... __ Return Address: City Clerk', Office City of Renton \055 South Grady Way Renton, WA 98055 E2173005 t2Je1J208e 14:13 KING COUNTY, UA TAX $10.18 SAUE $e .•• PAGE80l OF III DEED OF DEDICATION Property Tax Parcel Number: 51821()'0042 Project File #; Stn:et Intersection: Referena!: Nunlhtr(s) or Documcnl$ assigned or released: Additional refCfUlCc numbers Me on page __ • Grantor(s): Grantee(o): I. Ridgeview Court L.L.C. I. City of Renton, • Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or foIl legal must go here. Additional I_gal on page ) The East 17.50 feet oflhe foUowingparcel. The south half ofthe east half oflh. northeast quarter oflhe northwest quarter oflhe northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., in the city of Renton, King County, Washington; EXCEPT the east 7.5 feet of the said tract, EXCEPT all coal and mineral rights as conmined in reservation of record, and known as a portion of Tract 4, of Martin's Acre Tracts. The Grantor. for and In consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, <he ahove describod .... 1 _ situated in the County of King. State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal tho day and yoar as written below. Grantee(.); City ofRenlon tr;a1:J~r~~ - r . ;., Exhibit A Legal Description THE EAST 17.50 FEET OF THE FOLLOWING PARCEL. THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON; EXCEPT THE EAST 7.5 FEET OF THE SAID TRACT, EXCEPT ALL COAL AND MINERAL RlGHTS AS CONTAINED IN RESERVATION OF RECORD, AND KNOWN AS A PORTION OF TRACT 4, OF MARTIN'S ACRE TRACTS. AN UNRECORDED PLAT; AREA OF DEDICATED RIGHT-OF-WAY IS 2,475.23 sq.ft. , ~ , 0 50 .00 I I I 1 INai _100 i • i " PORTION Of THE 5 1/2. E 1/2. NE 1/4. NW 1/4. NW 1/4 Of SEC 15. T 23 N. R 5 E, W.M •• RENTON, KlNG CO. WA. N LN SE4, Nf4, NW4, NW4 N 'OS'lrW .-316.02' ; 17.110' omcATION--I Z tv . .., ~ ~ -i' w z ~ :3 '" w , ~ j... -:r 0 0 Z ~ ~ ~ E-< dl l" -----SILNlNN~E~4r,-,:N;;W4;:-. :NW:4~~N:::66~31~.!~·~~:~.=::w~----,tJ:.1 i p.'.2003\03Ie\Surv.y\IIwg\Z03I2EXLdwg 9130/l!ODS 9000<21 AM = CORPORATE FORM OF ACKNOWLEIXiMENT Notaty Seal must be within box i • .. " STATE OF ) )SS COUNTY OF ) I ..mfy that I know or have satisfactory evidence that Rob. c+ We .. zJ is the person who appeared before me and said person acknowledged that b e. signed 1his instrument, on oath stated that hat was authorized to execute the instnlment and acknowledged it as the ~~ec of ~+ at L/..C:. -- W S \\I~ o! C!. to be the free and voluntary act 0 such party for the uses and purposes mentioned in the instrument. Dated: q. d g ·06 m~#--~ (Signature) '\ Print Notary Name: mlWe. e.. L C-\A.a.K. Re.iding at: X (JAw. (JNA IAlA My oppointmeo. expires: ? . d-" -0 ~ RIDGEVIEW COURT IRRIGATION SYSTEM GENERAL NOTES February, 2006 For: Ridgeview Court, LLC 611 4th Ave Kirkland, WA 98033 Contact: Cliff Williams j.a. br~~!?:~~ 100 S. King Street, Suite 200 Seattle WA 98104 206.583.0620 206.583.0623 fax GENERAL NOTES: 1. THE SAME FORCE AND EFFECT ON THE PERFORMANCE OF THE WORK AS IF COPIED DIRECTLY INTO THESE SPECIFICATIONS. FOR PRODUCTS OF WORKMANSHIP SPECIFIED BY ASSOCIATION. TRADE OR FEDERAL STANDARDS, COMPLY WffH REQUIREMENTS OF THE STANDARD, EXCEPT WHERE MORE RIGID REQUIREMENTS ARE SPECIFIED OR ARE REQUIRED BY APPLICABLE CODES. 2. MINIMUM REQUIREMENTS: INDICATED REQUIREMENTS ARE FOR A SPECIFIC MINIMUM ACCEPTABLE LEVEL or QUALITY/QUANTITY AS RECOGNIZED IN THE INDUSTRY. ACTUAL WORK MUST COMPLY WITHIN SPECIFIED TOLERANCES OR MAY EXCEED MINTMUMS WITHIN REASONABLE LIMITS. REFER UNCERTAINTIES TO OWNER PRIOR TO PROCEEDING. 3. REGULATORY REQUIREMENTS: CONFORM TO APPLICABLE FEDERAL, STATE, AND LOCAL CODES AND REQUIREMENTS FOR POLLUTION, HAZARDOUS MA TERlALS, SAFETY, HEALTH, AND THE LIKE. 4. CONTRACTOR SHALL BE RESPONSIBLE TO LOCATE ALL EXISTING UTILITIES PRIOR TO THE COMMENCEMENT OF WORK. CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY DAMAGE TO AND THE PROTECTION OF EXISTING UTILITIES AND STRUCTURES. CONTRACTOR SHALL LOCATE BY HAND ALL ELECTRICAL LINES, WATER LINES, GAS LINES AND SEWER LINES BEFORE USING MECHANICAL DIGGING DEVICE. SEE SHEET E-1 FOR ELECTRICAL LINES. 5. ALL AREAS SHALL BE RETURNED TO A CLEAN, NEAT AND ORDERLY CO"UITION AT THE END OF EACH DAY. , IRRIGATION SYSTEM: 1. PROVIDE A COMPLETE AND OPERABLE SYSTEM WITH REQUIRED MECHANICAL AND ELECTRICAL WORK. 2. CODES AND REGULATIONS: PROVIDE ALL WORK SPECIrIED HEREIN AND INDICATED ON DRAWINGS IN STRICT ACCORDANCE WITH APPLICABLE LOCAL BUILDING, ELECTRICAL, PLUMBING, AND HEALTH CODES. 3. PERMITS: INCLUDE PERMIT COSTS IN THE BID PRICE FOR THE COMPLETED AUTOMATIC IRRIGATION SYSTEM. 4. SUBMITTALS: PROVIDE RECORD DRAWINGS OF COMPLETE IRRIGATION SYSTEM. PIPELINES NOT INSTALLED IN ACCORDANCE WITH DRAWINGS AS ORIGINALLY CONTRACTED OR LINES THAT ARE iJ'lDICATED ON THE DRAWINGS AS SCHEMATIC SHALL BE DIMENSIONED TO A PERMANENT STRUCTURE SlJHICIENT FOR LOCATION ON THE AREA PLOT PLAN AND FOR LOCATION AFTER BURIAL. 5. THIS IRRIGATION SYSTEM DESIGN IS BASED UPON THE MINIMUM OPERATING PRESSURE SHOWN ON THE IRRIGATION DRAWINGS AT EACH POINT OF CONNlOCTION. THE IRRIGATION CONTRACTOR SHALL VERIFY WATER PRESSURE ON THE SITE PRIOR TO CONSTRUCTION. REPORT ANY DIFFERENCE BETWEEN THE WATER PRESSURE READING AT THE IRRIGATION POINT OF CONNECTION TO THE O\VNER. 6. DAMAGE BY LEAKS: REPAIR ALL DAMAGE AT NO .WDITIONAL COST TO THE OWNER. 7. DESIGN: THE IRRIGATION SYSTEM AND LOCATIOCl OF PIPE AND VALVES IS SCHEMATICALL Y DESIGNED, FOLLOW AS CLOSELY AS IS PRACTICAL, AND MAKE ALTERATIONS AS REQUIRED. 8. VERIFICATION OF DIMENSIONS: BEFORE PROCEEDING WITH INSTALLATION OF A:-.lY SECTION OR UNIT OF THE IRRIGATION SYSTEM,CHECK AND VERIFY THE CORRELATION BETWEEN GROUND MEASUREMENTS AND THE DR.A. WINGS; ADVISE THE OWl\'ER OF DISCREPANCIES. 9. IRRIGATION CONTRACTOR SHALL FLUSH ALL LINES AND ADJUST HEADS FOR MAXIMUM PERFORMANCE AND TO PREVENT OVERSPRAY ONTO WALKS, DIUVES, AND WALLS AS MUCH AS POSSIBLE. THIS SHALL INCLUDE SELECTING THE BEST DEGREE OF ARC TO FIT EXISTING CONDITIONS AND THROTTLING THE PLOW CONTROL AT EACH VALVE TO OBTAIN THE BEST OPERATING PRESSURE FOR EACH SYSTEM. , 10. POL YVlNYL CHLORIDE (PVC) PIPE: A. PVC PIPE UPSTREAM OF THE CONTROL VALVES FOR THE AUTOMATIC IRRIGATION SYSTEM SHALL BE SCHEDULE 40 AND CONFORM TO ALL REQUIREMENTS OF ASTM 0-1785. B. PVC PIPE DOWNSTREAM OF THE CONTROL VALVES FOR THE AUTOMATIC IRRIGATION SYSTEM SHALL BE CLASS 200 PVc. ASTM 2241. C. ALL PLASTIC FITTINGS AND CONNECTIONS SHALL BE RIGID PVC, SCHEDULE 40, FULL SIZE, COMPA TlBLE WITH PIPE. 11. PIPE SLEEVING: PLACE AS NEEDED OR SHOWN. SLEEVING SHALL BE CLASS 200 PVC PIPE SIZED AS SHOWN &"lD INSTALLED PRIOR TO PAVING. 12. AUTOMATIC (REMOTE) CONTROL VALVE: AUTOMATIC VALVES SHALL BE OF THE SIZE AND TYPE AS INDICATED ON THE DRAWINGS. 13. DOUBLE CHECK VALVE ASSEMBLY: AS SHOWN ON THE DRAWINGS 14. CONTROLLERS: AS SHOWN ON THE DRAWINGS. REPROGRAM CONTROLLER AS NEEDED TO INSURE ALL 3 STATIONS ARE FUNCTIONING PROPERLY. 15. CONTROL WIRE SHALL BE TYPE UF (UNDERGROUND FEEDER). MINIMUM SIZE SHALL BE # 14. COPPER CONDUCTOR SHALL MEET OR EXCEED ASTM B-3 SPECS. RUN SINGLE WIRE RED FROM THE CONTROLLER AND COMMON NEUTRAL WIRE (WHITE) TO ALL SOLENOIDS FROM THE CONTROLLER. MAKE ALL SPLICES WATERPROOF AND BUNDLE WIRES TOGETHER AND WRAP WITH ELECTRICAL TAPE AT 10' INTERVALS. PROVIDE A 24" LOOP AT AUTOMATIC CONTROL VALVES. 16. CONTROL VALVE BOXES: AMETEK 18" METER PIT WITH TWIST LOCK COVER, OR APPROVED EQUAL. 17. INSTALL ALL HEADS PER MANUFACTURER SPECS. 18. DEPTH OF MAINLINE TO BE 18" MIN., DEPTH OF LATERAL LINES TO BE 12" MIN. 19. BACKFILLING SHALL BE DONE IN LAYERS NOT OVER 12" DEEP, WITH ALL ROCKS AND FOREIGN MA TIER REMOVED. 20. PRESSURE TEST IRRIGATION SYSTEM AT 80 PSI FOR 4 HOURS, NO LEAKAGE OR PRESSURE LOSS IS TO BE EVIDENT DURING THIS PERIOD. INSPECTION: ADVISE THE OWNER AT LEAST TWENTY-FOUR (24) HOURS BEFORE PRESSURE TESTS ARE TO BE CONDUCTED. OBTAIN THE APPROVAL OF THE OWNER BEFORE BACKFILLING. 21. SYSTEM FAMILIARIZATION: UPON ACCEPTANCE OF THE SYSTEM BY THEOWNER, PROVIDE THE NECESSARY KEYS AND TOOLS NECESSARY TO OPERATE, DRAIN, OR ACTIV ATE THE SYSTEM AND SHALL SPEND SUFFICIENT TIME WITH THE OWNER'S REPRESENTATIVE TO ENSURE THAT THE SYSTEM OPERATION, MAINTENANCE, fu'\TD WINTERIZING PROCESSES CAN CONTINUE ON AFTER THE DEPARTURE OF THE CONTRACTOR. (FOUR HOUR INSTRUCTION MINIMUM.) 22. WARRANTY: A. ALL WORK IN THIS SECTION SHALL BE WARRANTED FOR A PERIOD OF ONE (1) YEAR FROM DATE OF ACCEPTANCE. B. SETTLING OF BACKFILLED TRENCHES, WHICH MAY OCCUR DURL"fG A ONE(l) YEAR PERIOD AFTER COMPLETION, SHALL BE REP AIRED BY THE CONTRACTOR WITHOUT EXPENSE TO THE OWNER, INCLUDING THE COMPLETE RESTORATION or ALL DAMAGED PROPERTY. C. DURING THE WARRANTY PERIOD, CHECK, CLEAN, fu'\TD ADJUST SPRINKLER HEADS AND OTHERWISE ENSURE ADEQUATE OPERATION OF THE SYSTEM. --:ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 DEVELOPMENT PLANNING --------------------------------------------------~~(~,ITIVy7)OFRENTON Printed: 02-09-2006 Payment Made: Land Use Actions RECEIPT Permit#: LUA06-012 02/09/200611 :12 AM FEB - 9 2006 RECEIVED Receipt Number: R0600663 Total Payment: 1,000.00 Payee: RIDGEVIEW COURT LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #1053 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00