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HomeMy WebLinkAboutReport 1- --- _- - - o,l TAN s'1 , �e$20 �a\j[O``�y5 j1 •iq� 37DJD o: NE '• eelr Ui5 71 si TRAC7 T 7.1 19 47 I tSdr IRf/ - 6 ' s. c'ret I "12 f 2 ." 13 ll { r1 'L t0 � d 7 , >ol tlb x2 :kr w _ 3 O , ,r.� 5 a1 odic e� x.a xr - xd �� "_. NE STH PL YHG rvcy Yse -� 15 .r s 13 a - TRACT E ]0 12 .. - ru rasL6L Icf ratlA _r.S "' xtnaol ��. N .T i1 .RIR a'] �. ::rT 37 ss 1.ca 1 I ^ 2ii44411! vot TRACT f - i 39 3B 9 IN- NT _ n 3T { { { 1f) i 1 2 .fru.. RI ]J'] wl JtdJ 51 r a- NE 4TH CT_ —51 '.J p; '• B _, i�\ 1A l] J �: �H N \ ss1 dry a 1 ".' qh by .2 :d :lol ]o6C1;ai) .` ry�ry ]IL auto cW 3 31 - LOT3 ss]t - ;. s ss a �pb� ��¢ „R 1 4 . p _ u �AG Lor1 m2 4 �� I - F - - 4 _ J ', b? a 21 re.;� WL 1p51 RR. — ar 00 ]hJ` _ __ TR G S 5 ,r Iszl ,Hry 9CEa s A O 1 L; ' TRE NE 4TM PL S - ]ot Ta ACTH v.vr,u w TRD 2 24 27 a,a{ tBora . nnnr ass NE 4TH ST-- -sl: r T. 1996- – _ '_. __ - ._. - __ _. ` – - ,NE 4TH ST —91111 - 22saw1 u u 20 I - � - _ 5 ant I LO - ! .,.. Ll SL 'l9P _ oral ^�.. 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RADIAL BEARING ' S 19005 NE 1A th PL N]RNLIMD, 1FA 88434 TEL 425.823-5700 --y 8 Mapping FAx 425.823-6700 J08 NO 07-016 SHEET 3 OF 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE. Martin } FINAL DECISION Final Plat LUA10-070FP ) Summary The Applicant has applied for final plat approval for the Martin subdivision, King County File L05P0019. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. June 3, 2011 staff report from Arneta Henninger with attachments. Procedural: MAJOR AMENDMENT - 1 Findings of Fact 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Applicant. Camwest Development, LLC. 2. Hearing.. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The Applicant is requesting final plat approval for a 13 lot subdivision. King County approved the preliminary plat on April 3, 2007 and the property was subsequently annexed into the City of Renton. The subdivision property comprises 3.67 acres. It is located at NE 5h Pl, Lyons PI NE and NE 5t` Circle. 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The preliminary plat vested under King County standards. Consequently, under RCW 58.17.033 King County final plat review criteria apply. Chapter 19A.16 KCC governs the review criteria for final plats. KCC 19A.16.030(B) is the most pertinent criterion, requiring that the final plat shall conform to the conditions of preliminary approval. As determined in Finding of Fact No. 4 of this decision, that criterion has been met. The other requirements of Chapter 19A.16 KCC are largely ministerial and can be deferred through conditions of approval. Some of these requirements, that involve signatures and the like, could arguably be construed as "procedural" requirements as opposed to substantive. Staff have made some comments at hearing suggesting that they do not construe procedural requirements as subject to the vested rights doctrine. To the extent that the procedural requirements designate decision makers, staff is certainly correct. Upon annexation King County decision makers no longer have jurisdiction over the subject plat application and can only serve as agents of the City. However, it is unlikely that this rational applies to the signature requirements and other processing requirements of the King County Code. Washington courts have not expressly assessed the issue, but they have assessed applications with the presumption that the vested rights doctrine does apply to procedural requirements. See Roger Wynne, WASHINGTON'S VESTED RIGHTS DOCTRINE: MAJOR AMENDMENT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HOW WE HAVE MUDDLED A SIMPLE CONCEPT AND HOW WE CAN RECLAIM IT, Seattle University Law Review, p. 855, 879. The final plat will be conditioned on compliance with Chapter 19A.16 KCC, with the use of appropriate City staff in lieu of any designated King County staff. DECISION The final plat application is approved, subject to the following conditions: 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval. 2. All requirements of Chapter 19A.16 KCC shall be met prior to the recording of the final plat, except that appropriate City staff shall serve the role of any designated King County staff. 3. All plat improvements shall be either constructed or deferred to the satisfaction of City staff, as authorized by King County regulations, prior to final plat approval. 4. The quiet title referenced in the staff report shall be resolved prior to the recording of the final plat as required by Halverson v. Bellevue, 41 Wn. App. 457 (1985). DATED this 27th day of June, 2011. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the MAJOR AMENDMENT - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 76' floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Ikyj I'�i0ll\UV11,M]UV1aNMII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Martin } FINAL DECISION Final Plat } } } LUA10-070FP ) } Summary The Applicant has applied for final plat approval for the Martin subdivision, King County File L05P0019. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. June 3, 2011 staff report from Arneta Henninger with attachments. Procedural: I&/.XI]_:MAuINalD7uImem =il Findings of Fact 2 3 4 5 6 7 8 9 10 11 12 Applicant. Camwest Development, LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The Applicant is requesting final plat approval for a 13 lot subdivision. King County approved the preliminary plat on April 3, 2007 and the property was subsequently annexed into the City of Renton. The subdivision property comprises 3.67 acres. It is located at NE 5`h Pl, Lyons Pl NE and NE 5h Circle. 4. Consistency with Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. 13 11 procedural: 14 15 16 17 18 19 20 21 22 23 24 25 26 Conclusions of Law 1. Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The preliminary plat vested under King County standards. Consequently, under RCW 58.17.033 King County final plat review criteria apply. Chapter 19A.16 KCC governs the review criteria for final plats. KCC 19A. I 6.030(B) is the most pertinent criterion, requiring that the final plat shall conform to the conditions of preliminary approval. As determined in Finding of Fact No. 4 of this decision, that criterion has been met. The other requirements of Chapter 19A.16 KCC are largely ministerial and can be deferred through conditions of approval. Some of these requirements, that involve signatures and the like, could arguably be construed as "procedural" requirements as opposed to substantive. Staff have made some comments at hearing suggesting that they do not construe procedural requirements as subject to the vested rights doctrine. To the extent that the procedural requirements designate decision makers, staff is certainly correct. Upon annexation King County decision makers no longer have jurisdiction over the subject plat application and can only serve as agents of the City. However, it is unlikely that this rational applies to the signature requirements and other processing requirements of the King County Code. Washington courts have not expressly assessed the issue, but they have assessed applications with the presumption that the vested rights doctrine does apply to procedural requirements. See Roger Wynne, WASHINGTON'S VESTED RIGHTS DOCTRINE: MAJOR AMENDMENT - 2 I 2 ki 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HOW WE HAVE MUDDLED A SIMPLE CONCEPT AND HOW WE CAN RECLAIM IT, Seattle University Law Review, p. 855, 879. The final plat will be conditioned on compliance with Chapter 19A.16 KC C, with the use of appropriate City staff in lieu of any designated King County staff. DECISION The final plat application is approved, subject to the following conditions: 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval. 2. All requirements of Chapter 19A.16 KCC shall be met prior to the recording of the final plat, except that appropriate City staff shall serve the role of any designated King County staff. 3. All plat improvements shall be either constructed or deferred to the satisfaction of City staff, as authorized by King County regulations, prior to final plat approval. 4. The quiet title referenced in the staff report shall be resolved prior to the recording of the final plat as required by Halverson v. Bellevue, 41 Wn. App. 457 (1985). DATED this 27th day of June, 2011. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the MAJOR AMENDMENT - 3 V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (42 5) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. MAJOR AMENDMENT - 4 Y RIC—.. ._._—_�-,-e'T_L._._,._,. _._ ____-_•.-'-_ ____ f.,l .: r�. 2- Q .. � r r r SD- ____L -_-- -- — IZI �T� al �i • IE Irm p�, m 1 t � Ir �� 4_ � � I + r (� rf 05 , �Y i,.t" I �t �71h _ S w- "Y I � -- - -- - �• S I I r ,. t��1 �♦ 4 f �-' F- h rr I "s a P lil C,r ' ' t' : s;IH Vt I e i i - �1ID i- rj ka sb P a a ter: --------- 458-/-----' ❑ AA� n� 6- - rn .. y, ion-.._-Z9s'--• ! f+ r aa4 �Q �� + f-[ A - Ei i f i �l o� �o to b (b hl 4 4 2 _ e yap ' S L 19" r 14 ,th ! - yr - --_� -I`1 9 tx ILPfe, i.,i4%E N q a Hearing Examiner's Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Martin ) FINAL DECISION Final Plat ) LUA10-070FP ) Summary The Applicant has applied for final plat approval for the Martin subdivision, King County File L05P0019. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. June 3, 2011 staff report from Arneta Henninger with attachments. Procedural: MAJOR AMENDMENT - 1 Findings of Fact 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L Applicant. Camwest Development, LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The Applicant is requesting final plat approval for a 13 lot subdivision. King County approved the preliminary plat on April 3, 2007 and the property was subsequently annexed into the City of Renton. The subdivision property comprises 3.67 acres. It is located at NE 5°i Pi, Lyons PI NE and NE 5t` Circle. 4. Consistency _with_ Preliminary Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: Authority of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The preliminary plat vested under King County standards. Consequently, under RCW 58.17.033 King County final plat review criteria apply. Chapter 19A.16 KCC governs the review criteria for final plats. KCC 19A.16.030(B) is the most pertinent criterion, requiring that the final plat shall conform to the conditions of preliminary approval. As determined in Finding of Fact No. 4 of this decision, that criterion has been met. The other requirements of Chapter 19A.16 KCC are largely ministerial and can be deferred through conditions of approval. Some of these requirements, that involve signatures and the like, could arguably be construed as "procedural" requirements as opposed to substantive. Staff have made some comments at hearing suggesting that they do not construe procedural requirements as subject to the vested rights doctrine. To the extent that the procedural requirements designate decision makers, staff is certainly correct. Upon annexation King County decision makers no longer have jurisdiction over the subject plat application and can only serve as agents of the City. However, it is unlikely that this rational applies to the signature requirements and other processing requirements of the King County Code. Washington courts have not expressly assessed the issue, but they have assessed applications with the presumption that the vested rights doctrine does apply to procedural requirements. See Roger Wynne, WASHINGTON'S VESTED RIGHTS DOCTRINE: MAJOR AMENDMENT - 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 HOW WE HA VE MUDDLED A SIMPLE CONCEPT AND HOW WE CAN RECLAIM IT, Seattle University Law Review, p. 855, 879. The final plat will be conditioned on compliance with Chapter 19A.16 KCC, with the use of appropriate City staff in lieu of any designated King County staff. DECISION The final plat application is approved, subject to the following conditions: 1. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval. 2. All requirements of Chapter 19A.16 KCC shall be met prior to the recording of the final plat, except that appropriate City staff shall serve the role of any designated King County staff. 3. All plat improvements shall be either constructed or deferred to the satisfaction of City staff, as authorized by King County regulations, prior to final plat approval. 4. The quiet title referenced in the staff report shall be resolved prior to the recording of the final plat as required by Halverson v. Bellevue, 41 Wn. App. 457 (1985). DATED this 27th day of June, 2011. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the MAJOR AMENDMENT - 3 1 2 3 4 51I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall --- 7`h floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. MAJOR AMENDMENT - 4 CITY OF RENTON FLA.NNINC/BUILDING/PURLJC WORKS MEMORANDUM DATE: July 1, 2011 TO: Gregg Zimmerman, Administrator FROM: Arneta Henninger, Development Services 4�A SUBJECT: MARTIN (AKA SHAMROCK GLEN) FINAL PLAT FP 10-070 I am submitting the attached original final plat mylars for your signature. Fire has signed off, Technical Services has signed off and the Planning issues are completed to the satisfaction of staff. I am both the plan reviewer and the Project Manager and I recommend that this plat be approved for recording. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. CC-' Kayren K Neil W. Arneta J. Henninger From: Corey W Thomas Sent: Friday, June 10, 2011 19:33 AM To: Arneta J. Henninger Subject: RE: MARTIN FINAL PLAT Proceed with the blessing of the Renton Fire Department. From: Arneta J. Henninger Sent: Thursday, June 09, 2011 16:40 To: Corey W Thomas Subject: MARTIN FINAL PLAT Corey, Please do a final walk through on the Martin Plat located at NE 51h Circle and NE 5th PI at Lyons PI NE. If all is in order I will proceed with the recording process. Thankyou! Arneta Henninger City of Renton 425-430-7298 DEPARTMENT OF COMMUNITY citvof }} AND ECONOMIC DEVELOPMENT-'�� M E M O R A N D U M DATE: June 7, 2011 TO: Phil Olbrechts, Hearing Examiner, Pro Tem CC: Neil Watts, Development Services Director FROM: Kayren K. Kittrick, Development Engineering Supervisor SUBJECT: City of Renton Final Plat Process In an effort to start the conversation on how you want things done regarding Final Plats in the City of Renton, I thought I would provide an overview as staff understands the process. Per City Code 4-7-110 Final Plat Procedures, the Hearing Examiner must review all final plats. This is both a very old and now new process for the City of Renton. For about the last 15 years, Development Services staff took the final plat directly back to City Council for final approval. Under the latest code changes, the final plat goes back to the Hearing Examiner for final approval prior to review and signature of the city officials and recording with King County. There has been some confusion on what the role of the Hearing Examiner is at this point in the most recent process. There is no public hearing, just a date set for consideration. There is a review by the Hearing Examiner who then approves, disapproves, or returns the final plat to the applicant for modification or correction. The packet from staff for review by the Hearing Examiner should include: 1. A cover letter from the assigned staff, which provides an overview of the project status and the staff recommendation along with any conditions. 2. The staff report, showing how the applicant has complied with City codes and all the conditions placed on the plat. 3. A copy of the yellow file for reference. Staff usually will recommend approving the Final Plat with conditions as appropriate to the completion status of the project. The following conditions are typical: 1. All plat improvements shall be either constructed or deferred to the satisfaction of Development Services staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. Phil ❑fbrechts, Hearing Exannin-r, Pro Tem Page 2 of 2 June 7, 2011 The first condition is placed when the infrastructure construction is substantially complete, usually when the water line is accepted so that fire service is available and/or the first lift of asphalt is installed. Deferrals are when items cannot be completed immediately due to practicality (i.e. - final lift of asphalt until after house construction complete) or unavailable product (i.e. - luminaire order delayed). A cash bond is collected for 150% of the construction costs against completion of the improvements. Application for final plat review is allowed prior to completion of the project infrastructure to allow the process to be completed concurrently with the construction closeout. The second condition is nearly always on a final plat to cover the fees that have been outstanding until this phase in the process such as mitigation fees, overtime payments, and impact fees that by city code or conditions of the preliminary plat are payable prior to recording. Development Services staff reviews and confirms that both conditions are met prior to the document(s) being sent for signature and ultimately for recording. Following the Hearing Examiner's review and approval, the project is returned to Development Services staff to hold until all conditions are met to complete the final steps in the process. Staff completes the file with statements of project completion, final paperwork, and payment of all fees being complete. The project originals are then routed for a final round of approvals and signatures, including submitting the project to the Finance Administrator, Public Works Administrator and the City Clerk's office for the Mayor to sign the final plat mylars. If you have any questions at all, want to talk history or philosophy, or need something more in the submittal packet, please do not hesitate to contact me at 425-430-7299. DEPARTMENT OF COMMUNITY �, �Cil) �44��� AND ECONOMIC DEVELOPMENT - M E M O R A N D U M DATE: June 7, 2011 TO: Phil Olbrechts, Hearing Examiner, Pro Tem CC: Kayren Kittrick, Development Engineering Supervisor FROM: Arneta Henninger, x-7298 /(A' SUBJECT: MARTIN (AKA SHAMROCK GLEN) FINAL PLAT LUA 10-070FP Preliminary Plat King County KC File L05P0019 Per City Code 4-7-110 Final Plat Procedures, please see the attached Final Plat and staff report for your review and approval. A copy of the yellow file is also attached for your convenience and reference. The Shamrock Glen (now Martin) preliminary plat is a 13 -lot single family residential subdivision and was initially approved while still in King County, with vesting to King County standards and conditions. The preliminary plat was annexed after approvals but prior to construction. Now that construction of the infrastructure is substantially complete, the subdivision is subject to the City of Renton final plat process. Staff recommends that the Hearing Examiner should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of Development Services staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. Please feel free to contact me at (425)430-7298 if you have questions or if further information or materials are needed. CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT DEVELOPMENT SERVICES DIVISION STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Camwest Development LLC Martin Final Plat (aka Shamrock Glen) (Preliminary Plat King County LO5P0019) File: LUA 10-070FP NE 5th Pl, Lyons PI NE and NE 51h Circle all in Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 13 single family lots. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: • The applicant, Camwest Development LLC, filed a request for approval of a 13 lot Final Plat. • The subject proposal was reviewed by all departments with an interest in the matter. • The subject site is located at NE 5" Pl, Lyons PI NE and NE 5th Circle. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. • The subject site is a 3.67 acre parcel. • The Preliminary Plat received approval by the King County Hearing Examiner on April 3, 2007. • The property is located within the (King County) Zoning R-4. • The Preliminary Plat was subject to a number of conditions: 1. Applicant must comply with platting provisions of King County Title 19A. Response: The project is ongoing, complying with King County Title 19A. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Response: All persons having an ownership interest in the property are identified on the final plat. Signatures will be obtained when the City requests the final plat myiars. 3. The plat shall comply with the base density and minimum density requirement of the R-4 Zone. Response: The project received preliminary plat approval from the King County Hearing Examiner prior to annexation to the City of Renton. As such, the project is subject to King County density and dimensional requirements. King County dimensional requirements for the R-4 zone are contained within KCC 21A.12.030, included as Attachment «8". The plat complies with these requirements. All plat boundary discrepancy, overlapping boundary or physical appurtenance, encroachment of lines of possession or conflict of title will be resolved prior to recording the final plat. The property owners of tax parcels 102305-9038 and 102305-9341 abutting the east boundary of the site have filed a quiet title action to retain property where an occupation currently exists. CamWest is not contesting that action and will be filing a stipulated judgment within the next couple of weeks to complete the quiet title action. Our in-house legal counsel has indicated that this will not be a time- consuming process. We understand that the plat cannot be recorded until this process is complete. 4. The applicant must obtain final approval from the King County Health Department. Response: This is a standard condition and, if required by the City of Renton, we will obtain final approval from the King County Health Department when the sewer infrastructure is completed. All construction of upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Response: The project has been designed in accordance with the King County Road standards and subsequently approved by the City of Renton. 6. The applicant must obtain the approval of King County Fire Protection for the adequacy of the fire hydrant, water main and fire flow standards of Chapter 17.08 of the King County Code. All future residences constructed within this subdivision are required to be sprinklered (NFPA 13D) unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and a minimum of 36 feet in width when parking is permitted on both sides. The road width requirement applies to both on-site access and roads acing the subdivision. Response: The engineering plans were reviewed and approved by the King County Fire Marshal and the City of Renton Fire Department as well. A copy of the stamped, approved plans are included with this submittal. With respect to removal of the sprinkling requirement, the cul-de-sac road within the project is 28 feet wide and parking will be restricted to one side of the roadway. H:/CED/Development Services/Development Engineering/Arneta/MARTINFP -- revised 4-12-11.doc 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual. DDES approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes and a construction sequence as specified in the King County drainage manual shall be shown on the engineering plans (Reference Section 7B). c. A storm water pollution prevention and spill (SWPPS) plan shall be included with the project engineering plans as required in Chapter 2 of the drainage manual. d. Storm water facilities shall be designed using the KCRTS conservation flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. If the proposed onsite storm water pond is used as a wet pond for water quality treatment, the facility shall be revised as necessary to comply with requirements for a 3:1 flow path for water quality treatment as outlined in the drainage manual. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the drainage manual. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. All runoff control facilities shall be located in a separate tract and dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.150. g. During preliminary review, the applicant received approval for a drainage adjustment (L06VO043) regarding the building setbacks for constructing an offsite drainage pipe within the adjacent plat of Shamrock. The final engineering plans shall show the design requirements for constructing the offsite pipe and demonstrate compliance with all conditions of approval as listed in the drainage adjustment decision. To assure adequate capacity is provided for conveyance of storm water from the onsite detention pond, the overflow system and conveyance pipe shall be designed at a minimum for the 100 -year storm base on developed site conditions. As depicted by field topography on the site plans, an upstream drainage basin is located east of the subject property. The final engineering plans shall be designed to address any requirements for bypass of upstream drainage as described on page 1-42 in the drainage H:/CED/Development Services/Development Engineering/Arneta/MARTINP — revised 4-12-11.doc manual. Due to groundwater conditions on the site, the design engineer shall also evaluate the need for interceptor trenches and easements for conveyance of drainage. As shown in the applicants drainage report site map, an existing French drain is located in the eastern portion of the site which should be removed or relocated. Based upon the final designs, drainage easements may be required to convey surface or ground water through the project. As shown on the applicant's preliminary site plans, the existing storm system located near the west property line shall be removed during site construction. The existing pipes and catch basins shall be shown on the final engineering plans with applicable notes and/or design requirements for removal. Response: Storm drainage provisions set forth in the King County Code have been compiled with and the engineering plans have been approved. S. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved as an urban minor access street. Response: Road A has been designed to King County urban minor access street standards and is 28 feet in width. b. The frontage road (SE 125th St) along Tract A shall be improved full width as an urban sub -access street and shall extend westerly from the project entrance at 146th Avenue SE to 144th Place within the Shamrock plat. Sixteen feet of additional right-of-way shall be dedicated for completion of the road improvements. A temporary cul-de-sac located on Lots 38 and 39 within the Shamrock plat shall be removed upon completing the road connection. Design standards for removing a temporary cul-de-sac are provided in KCRS 2.08D. In the event off site right-of-way is not available to construct improvements to connect with 144th Place Southeast, Southeast 125th Street shall be improved in the manner stated above to the west boundary of the Martin plat. A temporary cul-de-sac or other provision for emergency vehicle turn around may be required by the King County Fire Marshal. Response: NE 5th Place (formerly SE 125th Street) has been designed as a full width urban sub -access width and will extend between Lyons Place NE (formerly 146th Place SE) and Kitsap Avenue NE (formerly 145th Place SE). The necessary additional right-of- way has been provided. c. As shown on the preliminary plat map, an existing easement for ingress and egress is located along the north boundary of the plat and extends easterly to 148th Ave SE. Any rights of direct vehicular access to 148th Avenue Southeast granted to the Martin property by this easement shall be extinguished prior to or concurrent with final plat recording. Response: Any rights the Martin property has within the existing easement that is located just offsite and abutting the north boundary line of the project will be extinguished at the time of recording the final plat. d. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. Response: Street trees are included in the design of the road improvements. A copy of the approved street tree plan was submitted to the City in September, 2010. W/CED/Development Services/Development Engine ering/Arneta/MARTINFP — revised 4-12-11.doc e. Modifications to the road standards shown above may be considered by King County pursuant to the variance procedures in KCRS 1.08. Response: N/A. f. (Deleted) 9. There shall be no direct vehicular access between this plat and 148th Ave SE, except for the existing driveway that serves the abutting property from the 15 foot wide "panhandle" tract. A note to this effect shall appear on the engineering plans and the final plat. Response: Direct vehicular access to Nile Avenue NE (formerly 148`h Avenue SE) is prohibited. Please refer to the third to last sentence under "Restrictions" on Sheet 2 of the final plat. 10. Off-site access to the subdivision shall be over a full -width, dedicated and improved road which has been accepted by King County for maintenance. If the proposed access road has not been accepted by King County at the time of recording, then said road shall be fully bonded by the applicant of this subdivision. Response: Offsite access to the plat is over existing full -width dedicated and improved roads located within the existing Shamrock Heights plat. 11. (Deleted) 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPA fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75 Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: Traffic impact fees will be paid at the time of building permit application. 13. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (509'x) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat received final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. Response: 50% of the school district impact fee will be paid at the time of final plat and 50% will be paid at the time of building permit. 14.The plat shall provide suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C.21A. 14.190 (i.e., children's play equipment, sport court(s), picnic table(s), benches, etc.). H:/CED/Development Services/Development Engineering/Arneta/MARTINFP — revised 4-12-11.doc A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment spec, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: A recreation space plan that has been reviewed and approved by King County DDES and was forwarded to the City with our final plat submittal in September 2010. 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: Draft Conditions Covenants and Restrictions for the community were included with our final plat submittal package. 16. To implement K.C.C. 16.82 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 16.82, as well as the conceptual tree retention plan (dated April 21, 2006). No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 16.82. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 16.82. Response: A tree retention plan was submitted to King County and was approved. A copy of the tree retention plan was included with our final plat submittal package to the City. 17.Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): Trees shall be planted at a rate of one tree for every 40 feet along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: Street trees are provided at a spacing of one tree for every 40 feet of frontage along all roads. Please refer to the landscape plan included with the final plat submittal package. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: This condition is modified by the condition immediately following. King County allowed the street trees to be located outside of the right-of-way as the right-of- way only extends from the back of curb on one side of the street to the back of walk on the opposite of the street. H JCED/Development Services/Development Engineering/Arneta/MARTINFP — revised 4-12-11.doc c. If King County determines that the required street trees should not be located within right-of- way, they shall be located no more than 20 feet from the street right-of-way line. Response: Please refer to the landscape plan included with the final plat submittal package. King County allowed the street trees to be located outside of the right-of-way as the right-of-way only extends from the back of curb on one side of the street to the back of walk on the opposite of the street. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: The second to last restriction states that ownership and maintenance of the street trees is by the abutting lot owners. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Street trees shown on the landscape plan approved by King County are "Autumn Brilliance" Serviceberry. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: Street tree plan was submitted to King County DDES. A bond quantity sheet will be submitted to the City prior to posting a bond for the street trees. g. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: Because the street trees will be installed outside of the right-of-way in a location that is behind the back of sidewalk or back of curb where no sidewalk is constructed, we will install the street trees when houses are built. A performance bond will be posted prior to the recording of the final plat. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Response: Not determined if this is still applicable since the property has been annexed to the City of Renton. 18.The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. H:/CED/Development Services/Development Engineering/Arneta/MARTINFP — revised 4-12-11.doc a. To mitigate the significant adverse impact the plat of Martin will have on the intersections of SR 900/148`" Ave SE and SR 900/164`" Ave SE, the applicant shall install, either individually or in conjunction with other development projects in this area, the following improvements at the SR 900/1481h Ave intersection: • A traffic signal, and • Eastbound and westbound left turn lanes b. The design for the SR 900/148th Ave intersection improvements shall be approved by the Washington State Department of Transportation (and by King County to the extent such improvements are located in County right-of-way). In addition, at a minimum, the existing entering sight distance looking east for the north and south legs of the intersection (602 feet and 386 feet, respectively) shall not be reduced as part of the intersection improvements. Documentation shall be submitted to show this requirement is met. All construction work associated with the intersection improvements shall be completed between April 151 and September 30th. This seasonal restriction shall be clearly shown on the final engineering plans. c. In lieu of the installation of the above -noted intersection improvements prior to final plat approval, the applicant may post a financial guarantee with WSDOT which assures the installation of these improvements within two years of the recording of Martin. In this event, intersection improvement design must be approved by WSDOT prior to King County approval of the engineering plans for Martin. If the above -noted intersection improvements have already been made by others prior to the recording of Martin, or a financial guarantee has been posted by others which assures the installation of these improvements, then the applicant for Martin shall pay a pro -rate share dollar amount to the developer who has made the improvements or "bonded" for the improvements, in an amount proportional to the impacts of Martin. The pro -rata share dollar amount to be paid shall be set by WSDOT, and documentation shall be provided by the Martin applicant to the King County Land Use Services Division to show this payment has been made, prior to final plat recording. The pro -rate dollar amount to be paid shall be based on the following: • The final Martin lot count The trip distribution for Martin The total trips contributed to the intersection of SR 900. 148th Avenue by the plats of Aster Park (LOOP0024), Stone Ridge (L99P3008), East Renton (1_02p005), Shamrock (L02PO014), Rosemonte (aka Ironwood — L03POO18), Martin (L05P0019) and any future land use applications submitted to King County for which compliance with the King County Intersection Standards (KCC 14.80) is required at either the SR 900/1481h Ave intersection, or the SR 900/1641h Ave High Accident Location. e. In the event that either King County of WSDOT adopts a formal "latecomer's" system prior to final plat recording, that system may be followed in lieu of the approach described above, at the discretion of the applicant, as long as at a minimum there is a financial guarantee which assures the above -noted intersection improvements will be installed within two years of the date of recording of the plat of Martin. (Comprehensive Plan Policy T-303 and King County HJCED/Development Services/Development Engi nee ri ng/Arneta/MARTINrP —revised 4-12-11.doc Code 21A.28.060Aj Documentation shall be provided to demonstrate to the satisfaction of WSDOT that stopping site distance (360 feet) is available on the east leg of the SR 900/148th Ave intersection. The intersection shall be modified by the applicant, if necessary, so that this stopping sight distance requirement is met on the east leg. In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148th Ave., to maximize the entering sight distance for the north and south legs of the intersection. (Comprehensive Plan Policy T-303 and King County Comprehensive Policy T-303 and King County Code 21A.28.060A) Response: The traffic signal and eastbound and westbound turn lanes have been installed at the SR 900/1481h Avenue SE intersection. Both King County and WSDOT have authorized release of bonds that are associated with this work. Please refer to the letters from WSDOT and e-mail from Jeff Pray of King County submitted as part of our final plat application package. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and, therefore, should be approved by the Hearing Examiner. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 3RD DAY OF JUNE, 2011 DEVELOPMENT SERVICES DIVISION K/CED/Development Services/Development Engineering/Arneta/MARTINFP— revised 4-12-11.doc iV' L�P TRACT T -- sNlx ,e if ]]. •xr s9.x`. J 310 PIT _0500 0990 p961 •- NM ".11,. s - rOc gin BT a - - 14 01,0: e_ 3 Pi 15909 _ .y! n' yT='M'N ,'p n.^ _, exa ,1 S a �^ lmt•h� -a 0311 ry 19 les u � lL6a �F =�1 OLSO 16, 04]0 yo f1 'Oi10 � ,4. ".Se� Ana - .]x'o .lf� ..1nsi]- -- �• 1oN9 ,95 a 90+3 ... " r �.'�',�-�, St ,. { x9 s A - .a„ 0•.w • e. 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SIRET? ` 5 >5,. seoo 5M r K Sd p xmrt I, T ua G5244NT RREv19px ,. exFLT 2 6 xe xd 14 IR7 RApAI eeulxR: s,x pea[ sm eetic A 5urrev b M�RPInq ,n eA.ms-STaO fAll 42}J2�e]0a Kia G p � VeaoE IM K sM fYtnE em s ,4 STM cnac n IS 13 Lvaxg rW¢ x[ JL N6 07-070 SHEET 3 OF .3 � •• Exhibit "A" LEGAL DESCRIPTION THE SOUTH HALF OF THE NORTHEAST QUARTER TO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPTTHE NORTH 16 FEETTHEREOF; AND EXCEPTTHE EAST 150 FEETTHEREOF; TOGETHER WITH THE SOUTH 14 FEET OF THE NORTH 30 FEET OF THE EAST 150 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT THE EAST 30 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 16 FEET OF SAID SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER.- EXCEPT UARTER; EXCEPT THE EAST 30 FEET THEREOF,- EXCEPT HEREOF; EXCEPT PORTIONS CONVEYED IN DEEDS RECORDED ON NOVEMBER 15 2010 UNDER RECORDING NUMBERS 20101115001834 AND 20101115001835 SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON_ CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 14, 2011 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Shamrock Glen Final Plat LVA (file) Number: LUA-10-070, FP Cross -References: LUA09-117 - Martin Property Preliminary Plat (Shamrock Glen) AKA's: Martin Final Plat i Project Manager: Arneta Henninger Acceptance Date: October 4, 2010 Applicant: Camwest Development Inc, Owner: Same as applicant Contact: Bruce Knowlton, Camwest Development Inc. PID Number: 1023059383 ERC Decision Date: ERC Appeal Date: r Administrative Approval: March 9, 2011 Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council, By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Martin Plat, now called Shamrock Glen, is a Final Plat for a 13 lot single family residential development. The plat includes Tract A for open space/recreation; Tract B for detention (which will be owned and maintained by the HOA), Tract C also open space and Tract D. The plat includes the installation of sanitary sewer, curb, gutter, sidewalks and street paving. Also included is Water District 90 watermains. Location: 5601 NE 5"' Place Comments: a, i DEPARTMENT OF COMMUNITYrcity of � AND ECONOMIC DEVELOPMENT on a M E M Q R A N D U M DATE: June 3, 2011 TO: Linda Moschetti CC: Kayren Kittrick FROM: Arneta x7298 k SUBJECT: MARTIN PLAT (AKA SHAMROCK GLEN) DEFERRAL NE 5' CIRCLE The applicant has submitted the attached Assignment of Funds. The applicant submitted one for the Final Lift, one for the street light and sidewalk and a third Assignment of Funds for the 14 street trees. I created three separate Deferral Permits DEF 11003 — 005. Thank you! i Amemo.doc Denis Law CiIty of Mayor0000.,--� i ►" 0 Department of Community and Economic Development June 3, 2011 Alex Pietsch,Adm inistrator Mr. Bruce Knowlton CamWest Development, LLC 9720 NE 120th Place Kirkland, Washington 98034 RE: Martin Plat (Shamrock Glen) Revised Security Deposit Amount 5601 NE 5th Place Renton, WA Dear Mr. Knowlton: On May 31, 2011, your request was approved to defer the installation of a street light, sidewalk, street trees, and the final lift of asphalt located within the Martin Plat (Shamrock Glen) until October 15, 2011. This deferral is based upon the receipt of a check, Assignment of Funds, or Letter or Credit in the amount of $32,767.00, representing 150 percent of the estimated cost of the improvements. The security device must be in place with the City prior to recording of the plat. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00, Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Jan Illian, Engineering Specialist at (425) 430-7216. Sincerely, eja�Cc,�'G 1 Neil Watts Development Services Director cc: Jan Illian, Plan Reviewer Arneta Henninger, Plan Reviewer Dan Thompson, Inspector Carrie Olson, Engineering specialist Flle Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 9 rentonwa.gov bank, rive Star S,,ti,, C.,oa ed t,9, Commercial Real Estate 1420 Fifth Avenue, 8th Floor Seattle, WA 9B101 206 344-4580 206 344-5393 fax ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: Camwest Development LLC BANK: Owner: Camwest Development LLC Branch: Address: 9720 NE 120' PL Address: Phone: Fax: Kirkland, WA 98034 425-825-1955 Phone: 425-825-1565 Fax: US Bank comr~etmi'v-( Re.%I Es-hxk 1420 Fifth Avenue, 8 Floor Seattle, WA 98101 425-450-5659 Attention: John Parpart Attention: Jayson Buechler Title: VP - Finance Title: Vice President II - q,3 The above referenced bank hereby certifies that $ _ $24,990.00 _ is on deposit in account # 153595266369 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Martin Subdivision Plat (aka Shamrock Glen) Location/Address of Plat or Project: 5601 NE 5t' Place The required work is generally described as follows: Construction of the toplift of streets with the Martin subdivision plat. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. i camt,1 i DEOejc m"t— L -LC U.S. 19ank Cvp4mereial Real 651Fx - Acant -- Ban -1 –, Z 2;2- X14" EwIZA, � Au-coj ized Sii}gna re A r zed f re ;] '\ 1"af`�r�t U}�` nclY1CC� V4goei .!. �utC�let Ur�CPles%(e„' T Name, Title Name, Title ` (0(a4 I a (,,///I ( -D-Ino TIMF' 111-hhavrnlT!lfA1 R.,.11TrmnlnntrefllX'R115AecionmentofFnnriefor Tooi4TS-Z1-11.ior _- DqtP T)atP 05/07 [bank. Five Saar Service Guaranteed e-�) Commercial Real Estate 1420 Fifth Avenue, 8th Floor Seattle, WA 98101 206 344-4580 206 344-5393 fax ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: Camwest Development LLC SANK: Owner: Camwest Development LLC Branch: Address: 9720 NE 1201 PL Address: Kirkland, WA 98034 Phone: 425-825-1955 Phone: Fax: 425-825-1565 Fax: Attention: John Parpart Attention: Title: VP - Finance Title: US Bank Co mwLercfal Rcal 1420 Fifth Avenue, St Floor Seattle, WA 98101 425-450-5659 Jayson Buechler Vice President The above referenced bank hereby certifies that $ $5,177.25 is on deposit in account # 153595266369 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Martin Subdivision Plat (aka Shamrock Glen). Location/Address of PIat or Project: 5601 NE 5 Place The required work is generally described as follows: Construction of a streetlight and sidewalk within the existing ROW of NE 5th Place associated with construction of the Martin subdivision plat. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. Applicant A th rized Signa a� , -+�VxaVrC e Name, Title U-$- Bank Conn meyci al Real Es4a�c Bank Au,orAed S' re Janson J. guectilcr Uicf- Presided Name, Title r/« P68CUME--11khhagenTOCAL5--I1TempinotesODC$l RAssignment of FundsDate for Streetlight and Sidewalk 5-31-1 l .doc 0907 C bank. ,Five Sra Sen�ke Gua =tc d �** Commercial Real Estate 1420 Fifth Avenue, 8th Floor Seattle, WA 98101 206 344-4580 206 344-5393 fax ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: Camwest Development LLC BANK: US Bank Owner: Camwest Development LLC Branch: COMMA 6 a.t j2Cal ES &I'L Address: 9720 NE 120' PL Address: 1420 Fifth Avenue, 8th Floor Kirkland, WA 98034 Seattle, WA 98101 Phone: 425-825-1955 Phone: 425450-5659 Fax: 425-825-1565 Fax: Attention: Parpart Attention: Jayson Buechler Title: _John VP - Finance Title: Vice President The above referenced bank hereby certifies that $ $2,599.80 is on deposit in account # 153595266369 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Martin Subdivision Plat (aka Shamrock Glen) Location/Address of Plat or Project: 5601 NE 5`h Place The required work is generally described as follows: Installation of those 14 street trees located on lots and not within common open space tracts. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. Applicant �1& uth rized Signa re 7o v-\ Po rf4 `)P F t 1le#r} CCS Name, Title [J,,(a1 t U •5. Rar lk. Cvmo"a al Real Esfg4t Bank Au o ' ed S ture / 1 JaYsP/j J, QLeec4r / f/lre- Acs,ded Name, Title /fit Lam. #i6CUME-11khhagen\LOCALS--11TempinotesODCB 111Assipment of FDAr Street Trees 5-31-I ! aloe 05/07 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 25, 2011 TO: Arneta Henninger, Plan Review FROM: Jennifer Henning, Planning Manager(x7286) SUBJECT: Martin (aka: Shamrock Glen) Final Plat (LUA10-070, FP) The Planning Review for the Martin (Shamrock Glen) Final Plat is complete. Provided the applicant provides for the required street trees and surety device, the project is approved. See notes below regarding street trees. The required street trees must be installed and inspected, or a performance bond posted prior to the recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of the recording of the plat. Since the trees are to be installed behind the sidewalk (between the back of the sidewalk and the homes), the builder would like to plant the trees during house construction. I have told Bruce Knowlton that the trees will need to be installed within one year; however, we may be able to revisit the surety period prior to the end of the year and provide for some level of extension. h:\ced\planning\current planning�th\review comments\2011\martin shamrock glen tree comments.doc March 15, 2011 Arneta Henninger City of Renton Development Services Division 1055 S Grady Way, 6th Floor Renton, WA 98058 Re: Martin Plat -- Conformation of Compliance with all Conditions of Plat Approval City of Renton CD No. R339206 Dear Arneta: Per your request, each of the Hearing Examiner's conditions of approval for the Martin plat are provided below followed by a response indicating how we have complied with the condition of approval. We originally submitted our final plat application package to Rochelle Timmons. The application package included three copies of the preliminary plat map that was presented at the public hearing as well as several other drawings and documents that are referenced in our responses below. If you need any of those documents, you may need to contact Rochelle. 1. Compliance with all platting provisions of Title 19A of the King County Code. Response: All platting provisions of Title 19A of the King County Code have been complied with. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Response: All persons having an ownership interest in the property are identified on thefinal plat. Signatures will be obtained when the City requests the f nal plat mylars. Arneta Henninger March 15, 2011 Page 2 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be sho0wn on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. All plat boundary discrepancies shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. Response: The project received preliminary plat approval from the King County Hearing Examiner prior to annexation to the City of Renton. As such, the project is subject to King County density and dimensional requirements. King County dimensional requirements for the R-4 zone are contained within KCC 21A.12.030 are included as Attachment `B ". The plat complies with these requirements. Regarding plat boundary discrepancies, the property owners of tar parcels 102305-9038 and 102305-9341 abutting the east boundary of the site filed quiet title actions to retain property where an adverse possession occupation existed. Cam West did not contest that action and filed a stipulated judgment to complete the quiet title action. That process is complete and the boundary of the plat has been modified to recognize the encroachments which existed along the east property line. 4. The applicant must obtain final approval from the King County Health Department. Response: This is a standard condition and, if required by the City of Renton, we will obtain final approval from the King County Health Department when the sewer infrastructure is completed. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Arneta Henninger March 15, 2011 Page 3 Response: The project has been designed in accordance with the King County Road Standards and the engineering plans were subsequently approved by the City of Renton. 6. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards in Chapter 17.08 of the King County Code. All future residences constructed within this subdivision are required to be sprinklered (NFPA 13D) unless the requirement is removed by the King County Fire Marshall or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and a minimum of 3 6 feet in width when parking is permitted on both sides. The road width requirement applies to both on-site access and roads acing the subdivision. Response: The engineering plans were reviewed and approved by the King County Fire Marshall and the City of Renton Fire Department as well. A copy of the stamped, approved plans were submitted with our final plat application to Rochelle Timmons in September, 2010. With respect to removal of the sprinkling requirement, the cul-de-sac road within the project is 28 feet wide and parking will be restricted to one side of the roadway. Storm Drainage 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual. DDES approval of the drainage and roadway plans is required prior to any construction. Arneta Henninger March 15, 2011 Page 4 b. Standard plan notes and a construction sequence as specified in the King County drainage manual shall be shown on the engineering plans (Reference Section 7B). A storm water pollution prevention and spill (SWPPS) plan shall be included with the project engineering plans as required in Chapter 2 of the drainage manual. d. Storm water facilities shall be designed using the KCRTS conservation flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. If the proposed onsite storm water pond is used as a wet pond for water quality treatment, the facility shall be revised as necessary to comply with requirements for a 3:1 flow path for water quality treatment as outlined in the drainage manual. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the drainage manual. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. f. All runoff control facilities shall be located in a separate tract and dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21 A.14.1 S 0. g. During preliminary review, the applicant received approval for a drainage adjustment (L06VO043) regarding the building setbacks for constructing an offsite drainage pipe within the adjacent plat of Shamrock. The final engineering plans shall show the design requirements for constructing the offsite pipe and demonstrate compliance with all conditions of approval as listed in the drainage adjustment decision. To assure adequate capacity is provided for conveyance of storm water from the onsite detention pond, the overflow system and conveyance pipe shall be designed at a minimum for the 100 -year storm base on developed site conditions. Arneta Henninger March 15, 2011 Page 5 h. As depicted by field topography on the site plans, an upstream drainage basin is located east of the subject property. The final engineering plans shall be designed to address any requirements for bypass of upstream drainage as described on page 1-42 in the drainage manual. Due to groundwater conditions on the site, the design engineer shall also evaluate the need for interceptor trenches and easements for conveyance of drainage. As shown in the applicants drainage report site map, an existing French drain is located in the eastern portion of the site which should be removed or relocated. Based upon the final designs, drainage easements may be required to convey surface or ground water through the project. i. As shown on the applicant's preliminary site plans, the existing storm system located near the west property line shall be removed during site construction. The existing pipes and catch basins shall be shown on the final engineering plans with applicable notes and/or design requirements for removal. Response: Storm drainage provisions set forth in the King County Code have been complied with and the engineering plans have been approved. Access/Roads 8. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved as an urban minor access street. Response: Road A has been designed to King County urban minor access street standards and is 28 feet in width. b. The frontage road (SE 125"i St) along Tract A shall be improved full width as an urban subaccess street and shall extend westerly from the project entrance at I46`h Avenue SE to 144th Place within the Shamrock plat. Sixteen feet of additional right-of-way shall be dedicated for completion of the road improvements. A temporary cul-de-sac located on Lots 38 and 39 within the Shamrock plat shall be removed upon completing the road connection. Design standards for removing a temporary cul-de-sac are provided in KCRS 2.08D. In the event off site right-of-way is not available to Arneta Henninger March 15, 2011 Page 6 construct improvements to connect with 144th Place Southeast, Southeast 125th Street shall be improved in the manner stated above to the west boundary of the Martin plat. A temporary cul- de-sac or other provision for emergency vehicle turn around may be required by the King County Fire Marshal. Response: NE 5th Place (formerly SE 125th Street) has been designed as a full width urban subaccess width and will extend between Lyons Place NE (formerly 146th Place SE) and Kitsap Avenue NE (formerly 145`h Place SE). The necessary additional right-of-way has been provided. c. As show -in on the preliminary plat map, an existing easement for ingress and egress is located along the north boundary of the plat and extends easterly to 148th Ave SE. Any rights of direct vehicular access to 148th Avenue Southeast granted to the Martin property by this easement shall be extinguished prior to or concurrent with final plat recording. Response: Any rights the Martin property has within the existing easement that is located just offsite and abutting the north boundary line of the project will be extinguished at the time of recording the final plat. d. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. Response: Street trees are included in the design of the road improvements. A copy of the approved street tree plan was submitted to Rochelle Timmons in September, 2010_ Modifications to the road standards shown above may be considered by King County pursuant to the variance procedures in KCRS 1.08. Response: N/A. f. (Deleted) 9. There shall be no direct vehicular access between this plat and 148th Ave SE, except for the existing driveway that serves the abutting property from the 15 foot wide "panhandle" tract. A note to this effect shall appear on the engineering plans and the final plat. Arneta Henninger March 15, 2011 Page 7 Response: Direct vehicular access to Nile Avenue NE (formerly 148'1' Avenue SE) is prohibited. Please refer to the third to last sentince under "Restrictions" on Sheet 2 of the final plat, 10. Off-site access to the subdivision shall be over a full -width, dedicated and improved road which has been accepted by King County for maintenance. If the proposed access road has not been accepted by King County at the time of recording, then said road shall be fully bonded by the applicant of this subdivision. Response: Offsite access to the plat is over existingfull-width dedicated and improved roads located within the existing Shamrock Heights plat_ 11. (Deleted) Mitigation/impact Fees 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPA fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75 Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: Traffic impact fees will be paid at the time of building permit application_ 13. Lots within this subdivision are subject to King County Code 21 A.43, which imposes impact fees to fund school system improvements needed to serve new dev elopement. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat received final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. Arneta Henninger March 15, 2011 Page 8 Response: 50% of the school district impact fee will be paid at the time of final plat and 50% will be paid at the time of building permit. Recreation Area 14. The plat shall provide suitable recreation space consistent with the requirements of K.C.C. 21A.14.180 and K.C.C.21A. 14.190 (i.e., children's play equipment, sport court(s), picnic table(s), benches, etc.). a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment spec, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: A recreation space plan that has been reviewed and approved by King County DDES and was forwarded to Rochelle Timmons with our final plat submittal in September 2010. Other 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: Draft Conditions Covenants and Restrictions for the community were included with our final plat submittal package. 16. To implement K.C.C. 16.82 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.G.C. 16.82, as well as the conceptual tree retention plan (dated April 21, 2006). No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.G. 16.82. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 16.82. Arneta Henninger March 15, 2011 Page 9 Response: A tree retention plan was submitted to King County and was approved A copy of the tree retention plan was included with our final plat submittal package to Rochelle Timmons. 17. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: Street trees are provided at a spacing of one tree for every 40feet offrontage along all roads. Please refer to the landscape plan included with the final plat submittal package. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of- way. Response: This condition is modified by the condition immediately following. King County allowed the street trees to be located outside of the right-of-way as the right-of-way only extends from the back of curb on one side of the street to the back of walk on the opposite of the street. c. If King County determines that the required street trees should not be located within right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: Please refer to the landscape plan included with the final plat submittal package. King County allowed the street trees to be located outside of the right-of-way as the right-of-way only extends from the back of curb on one side o f the street to the back of walk on the opposite of the street. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Arneta Henninger March 15, 2011 Page 10 Response: The second to last restriction states that ownership and maintenance of the street trees is by the abutting lot owners. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Street trees shown on the landscape plan approved by King County are "Autumn Brilliance " Serviceberry. f The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: Street tree plan was submitted to King County DDES. A bond quantity sheet will be .submitted to the City prior to posting a bond for the street trees. g. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: Because the street trees will be installed outside of the right-of-way in a location that is behind the back of sidewalk or back of curb where no sidewalk is constructed, we will install the street trees when houses are built. A performance bond will be pasted prior to the recording of the final plat. h. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Arneta Henninger March 15, 2011 Page 11 Response: Not determined if'this is still applicable since the property has been annexed to the City of Renton. SEPA 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. 1) To mitigate the significant adverse impact the plat of Martin will have on the intersections of SR 900/1480' Ave SE and SR 900./1640i Ave SE, the applicant shall install, either individually or in conjunction with other development projects in this area, the following improvements at the SR 900/148' Ave intersection: • A traffic signal, and • Eastbound and westbound left turn lanes The design for the SR 900/1481h Ave intersection improvements shall be approved by the Washington State Department of Transportation (and by King County to the extent such improvements are located in County right-of-way). In addition, at a minimum, the existing entering sight distance looking east for the north and south legs of the intersection (602 feet and 386 feet, respectively) shall not be reduced as part of the intersection improvements. Documentation shall be submitted to show this requirement is met. All construction work associated with the intersection improvements shall be completed between April I" and September 30`h. This seasonal restriction shall be clearly shown on the final engineering plans. In lieu of the installation of the above -noted intersection improvements prior to final plat approval, the applicant may post a financial guarantee with WSDOT which assures the installation of these improvements within two years of the recording of Martin. In this event, intersection improvement design must be approved by WSDOT prior to King County approval of the engineering plans for Martin. If the above -noted intersection improvements have already been made by others prior to the recording of Martin, or a financial guarantee has been posted by others which assures the installation of these improvements, then the applicant for Martin shall pay a pro -rate share dollar amount to the developer who has made the improvements or Arneta Henninger March 15, 2011 Page 12 "bonded" for the improvements, in an amount proportional to the impacts of Martin. The pro -rata share dollar amount to be paid shall be set by WSDOT, and documentation shall be provided by the Martin applicant to the King County Land Use Services Division to show this payment has been made, prior to final plat recording. The pro -rate dollar amount to be paid shall be based on the following: • The final Martin lot count • The trip distribution for Martin • The total trips contributed to the intersection of SR 900. 148' Avenue by the plats of Aster Park (LOOP0024), Stone Ridge (L99P3008), East Renton (L02pOO5), Shamrock (L02POO14), Rosemonte (aka Ironwood — L03POO 18), Martin (L05POO19) and any future land use applications submitted to King County for which compliance with the King County Intersection Standards (KCC 14.80) is required at either the SR 900/148U' Ave intersection, or the SR 900/164' Ave High Accident Location. In the event that either King County of WSDOT adopts a formal "latecomer's" system prior to final plat recording, that system may be followed in lieu of the approach described above, at the discretion of the applicant, as long as at a minimum there is a financial guarantee which assures the above -noted intersection improvements will be installed within two years of the date of recording of the plat of Martin. (Comprehensive Plan Policy T-303 and King County Code 21A.28.060A) Documentation shall be provided to demonstrate to the satisfaction of WSDOT that stopping site distance (360 feet) is available on the east leg of the SR 9001148th Ave intersection. The intersection shall be modified by the applicant, if necessary, so that this stopping sight distance requirement is met on the east leg. In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148th Ave., to maximize the entering sight distance for the north and south legs of the intersection. (Comprehensive Plan Policy T-303 and King County Comprehensive Policy T-303 and King County Code 21 A.28.060A) Response: The traffic signal and eastbound and westbound turn lanes have been installed at the SR 9001148'1'A venue SE intersection. Both King County and WSDOT have authorized release of bonds that are associated with this work Please refer to the letters from WSDOT and e-mail from Arneta I-Ienninger March 15, 2011 Page 13 Jeff Pray of King County submitted as part of "our final plat application package. If you have any questions, feel free to contact me at (425) 825-1955 ext. 142. Sincerely, Bruce Knowlton Vice President for Development RM DEPARTMENT OF COMMUNITYQ � �t���� .�� AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 25, 2011 TO: Bob MacOnie Rocale CC: Kayren Kittrick FROM: Arneta x7298 SUBJECT: MARTIN FINAL PLAT (AKA SHAMROCK GLEN) FP 10-070 The applicant/engineer has made some revisions to the lots "to accommodate specific house plans". A detailed response letter from the engineer is attached. Bob your review packet includes new lot closures. Please review and comment. If there are no further concerns I will proceed with the recording process. You may use this memo to note any comments, corrections, concerns or approval. Please return your comments to me by March 11, 2011. Call if you have any questions. Thank you! iamemo.doc DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.010 - 21A.12.030 21A.12.010 Purpose. The purpose of this chapter is to establish basic dimensional standards for development relative to residential density and as well as specific rules for general application- The standards and rules are established to provide flexibility in project design, and maintain privacy between adjacent uses. (Ord. 10870 § 338, 1993). 21A.12.020 Interpretation of tables - A. K.C.C. 21A.12.030 and 21A-12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules, exceptions, and methodologies are set forth in K.C.C. 21A.12.050 through 21A.12.210 - B. The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into two general land use categories: 1. Residential; and 2. Resource and Commercial/Industrial. C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements- If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard- (Ord. 10870 § 339, 1993). 21A.12.030 Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. B. Development conditions. 1- This maximum density may be achieved only through the application of residential density incentives in accordance with K -C -C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer - 2. Also see K.C.C. 21A.12-060- 3. These standards may be modified under the provisions for zero -lot -line and townhouse developments. RESIDENTIAL Z RURAL URBAN URBAN U RE- RESIDENTIAL N SERVE E S STANDARDS RA- RAS RA -10 RA -20 UR R-1 (17) R-4 R-6 RS R-12 R-16 R-24 R -4B 2.5 Base Density: 0-2 0.2 0.1 0.05 0.2 1 4 a B i2 15 24 4a Dwelling dWac dufac tlufac dufac dulac dulac dulac dulac dulac aulac dufac dulac dulac UngfAcre (21) (6) 1 Maximum Density: OA fi 9 12 15 Z7 36 72 Dwelling UnillAcm dufac dulac dulac dulac dulac dufac dulac dulac 41) (20) (22) 12 16 24 36 48 96 8 drdac dufac dufac dufac dulac dufac dulac {27) (27) (27) 127) (27) (27) f271 Minimum Density: 85% 55°6 85% 80% 76% 70% WA (2) (14 {721 (12) lief 419) (18) (16) (101 {le) (15) 23 Minimum laI Area {13) 1.875 3.7.5 7.5 ac 15 ac ac ac Minimum Lot las ft 135 ft 135 It 135 ft 35 ft 35 H 3011 30 R 30 R 30 It 30R 30 ft 3o ft Width 01 171 3 Minimum Street 30 ft 30ft soft 30ft 30R 20N 10N loft loft 10H loft 10Et 10ft Setback (9) 191 (9) (9) 17) 47) {af (a) (8) (6) (81 lei {61 3 Minimum Interior 5ft loft 10 ft loft 5 f 511 sft 5 f 5 i 5 I Eft 5 F 5 f Setback (9) 19) (9) (9) 17l 471 its) (10) 1101 (10) 3 16 Base Height 40 ft 40 R 40 R 40 ft 35 N 35 it 35 ft 15 ft 35 ft 60 N soft 50 R 60 ft 14) 4251 45 ft 45 ft 60 ft 5o it 80 It (14) (141 (141 414) (141 ffi 25 Mazimran Impernous 25%20% 159: 125% 3056 30% 55% 70% 75% 95% 05% 65% 90% Surface: till (11) (11) (1 t) (11) (l 1) (26) (26) (26) (26) (261 (26) (261 Psrcerrlage(5) t19f (19) (19) N9) 425) (26) 426f (26) (24) (2 61 26 B. Development conditions. 1- This maximum density may be achieved only through the application of residential density incentives in accordance with K -C -C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer - 2. Also see K.C.C. 21A.12-060- 3. These standards may be modified under the provisions for zero -lot -line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. Regional uses shall be established at the time of permit review; b. Nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. Individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. A lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone apply if a lot is less than fifteen thousand square feet in area. S. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line, 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zones or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single -detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in KC -C. 21A.14.190, which shall have a setback of five feet. b_ For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A_14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located_ 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone_ For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21 A.12.087. 13. The minimum lot area does not apply to lot clustering proposals as provided in K.C.C. chapter 21A.14. 14. The base height to be used only for projects as follows: a_ in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17_a. All subdivisions and short subdivisions in the R-1 zone shad be required to be clustered if the property is located within or contains: (1) a floodplain; (2) a critical aquifer recharge area; (3) a regionally or locally significant resource area; (4) existing or planned public parks or trails, or connections to such facilities; (5) a category type S or F aquatic area or category I or 11 wetland; (6) a steep slope; or (7) an urban separator or wildlife habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On-site critical area and buffers and designated urban separators shall be placed within the open space tract to the extent possible_ Passive recreation, with no development of recreational facilities, and natural -surface pedestrian and equestrian trails are acceptable uses within the open space tract_ 18. See K.C.C_ 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat -specific impervious limits apply, the more restrictive shall be required_ 20. This density may only be achieved on RA 2.5 zoned parcels receiving density from rural forest focus areas through a transfer of density credit pursuant to K.C.C. chapter 21A.37. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808 on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808, by more than ten percent. 25. For cottage housing developments only: a_ The base height is eighteen feet. b. Buildings have pitched roofs with a minimum slope of six and twelve may extend up to twenty-five feet at the ridge of the roof. 26. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. 27. Only in accordance with K.C.C. 21A_34.040.1=.1.g_ and F.6. (Ord. 16267 § 25, 2008: Ord. 15245 § 6, 2005: Ord_ 15051 § 126, 2004: Ord. 15032 § 17, 2004: Ord. 14808 § 4, 2003: Ord. 14807 § 7, 2003: Ord. 14429 § 2, 2002: Ord. 14190 § 33, 2001: Ord. 14045 § 18, 2001: Ord. 13881 § 1, 2000: Ord_ 13571 § 1, 1999: Ord. 13527 § 1, 1999: Ord. 13274 § 10, 1998: Ord. 13086 § 1, 1998: Ord. 13022 § 16, 1998: Ord. 12822 § 6, 1997: Ord_ 12549 § 1, 1996: Ord. 12523 § 3, 1996: Ord. 12320 § 2, 1996: Ord. 11978 § 4, 1995: Ord. 11886 § 5, 1995: Ord. 11821 § 2, 1995: Ord. 11802 § 3, 1995: Ord. 11798 § 1, 1995: Ord. 11621 § 41, 1994: Ord. 11555 § 5, 1994: Ord. 11157 § 15, 1993: Ord. 10870 § 340, 1993). King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-12113 206-296.6600 M 206-296-7217 Subdivision Density and Dimension Calculations Alternative formats available upon request File Number (To be filled in by DDES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre -application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre -application conference. Worksheet Prepared By: S ��Iki I C—Iy Date: C? — 2-7-05 (Print Name) Subdivision Name: A4,49—Tit- FF=Of�r;,�T Comprehensive Plan Land Use Designation: ()1? IAril , Zoning: ice. ` T. If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. if a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.G. 21A.12.200. Please complete only the applicable portions of this form Site Area KC.C. 21A.06.1172 also see KC.C. 21A.12.080): Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights-of-way. square feet in submerged land (any land below the ordinary high watermark —see K.C.C. 21A_06.825) + square feet in perimeter rights-of-way which will be required to be dedicated Total Check out the DDES Web site at www.metrokc.c oovIddes Subdivision densly and Dimension CaWations lc-cal-subden.Pdf 12/10/03 Page 1 of 6 Calculation: Gross horizontal area of the project site - '�-� Total submerged lands and rights-of-way 161.1 j7 Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 331 Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can berounded up to 20 acres. No further rounding is allowed. (See K_C_C_ 21A.12.080) II. Base Density (K.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. du/acre III. Allowable Dwelling Units and Rounding (K.C.C. 21AA2.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C_C. 21A_12.030 - .040 tables). 3.1 L site area in acres (see Section 1.) X_ base density (see Section II) = 14.Sl1 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of _50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E)). N. Required On-site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by Check out the DDES Web site at www.metrokc.govlddes Subdivision Density and Dimension Calculations kcalsubden.pdf 12710103 Page 2 of 6 multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A_14.185_ Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X proposed number of studio and one bedroom units 170 square feet X proposed number of two bedroom units + 170 square feet X proposed number of three or more bedroom units + Recreation space requirement = Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X �r� proposed number of units = �v�Q Sf Mobile home parks shall provide recreational space as follows: 260 square feet X proposed number of units V. Net Buildable Area (K.C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section 1) less the following areas: areas within a project site which are required to be dedicated for public rights -0f -way in excess of sixty (60) of width + sensitive areas and their buffers, to the extent they are required by King County to remain undeveloped + 23 areas required for above ground stomrwater control facilities including, but not limited to, retentiorddetention ponds, biofiltration swales and setbacks from such ponds and swales + areas required by King County to be dedicated or reserved as onsite recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C. 21A74.180 (see Section IV) + 44-- regional utility corridors, and + ::& other areas, excluding setbacks, required by Kng County to remain undeveloped _ Total reductions Calculation: �e� site area in square feet (see Sectionl) r2.Total reductions 12224 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 _2_-q4Net buildable area in acres Check out the DDES Web site at www.me_trokc.gov/ddes subdivision Density and Dimension calculations Iccal-subden.pdf 1211=3 Page 3 of 6 VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A_12.030 table. The minimum density requirements maybe phased or waived by King County in certain cases. (See K.C.C.21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(B)12.) Calculation: base density in dulac (see Section I I) X —2--qQ 4- Net buildable area in acres (see Section V) = X minimum density % set forth in K.C.C. 21A.12.d30 or as adjusted in Section VII 1 r.-� minimum dwelling units required Vill. Minimum Density Adiustments for Moderate Slopes (K.C.C. 21A.12.087): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: sq. ft 0-5% slope increment X 2.5% median slope value = Minimum Density Factor + sq. ft 5-10% slope increment X 7.5°% median slope value = + + sq. ft 10-15°% slope increment X 12.5% median slope value = + + sq. ft 15-20% slope increment X 17.5°% median slope value = + + sq. ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope increment X 27.5% median slope value = + + sq. ft 30-35% slope increment X 32.5% median slope value = + + sq. ft 35-40% slope increment X 37.5% median slope value = + Total square feet Total square feet in net buildable area adjusted for slope Calculation: total square feet adjusted for slope divided by total square feet in net buildable area weighted average slope of net buildable area % (Note: multiply by 100 to convert to percent— round up to nearest whole percent) Use the table below to detemnine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Areas of Site: 0% — less than 5% 85% 5% -- less than 15°% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% — less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% Check out the DIES Web site at wwmmefrokc.Mo lddes Subdivision Density and Dimension Calculations lc-cal-subden.pdr 12!10/03 Page 4 of 6 EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: sq. ft 0-5% slope increment X 2.5% median slope value = + 10,400 sq. ft 5-10% slope increment X 7.5% median slope value = 754 + + 20,000 sq. ft 10-15% slope increment X 12.5°% median slope value = 2,500 + + sq. ft 15-20% slope increment X 17.5% median slope value = + + sq. ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 255-30% slope increment X 27.5°% median slope value= + + sq_ ft 30-35% slope increment X 32.5°% median slope value = + + sq. ft. 35-40% slope increment X 37.5 % median slope value = + 30,000 Total square feet 3,250 Total square feet in net buildable area adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area _ .108333 Weighted average slope of net buildable area 11% (Note: multiply by 100 to convert to percent — round up to nearest whole percent) Using the table above, an 11% weighted average slope of net buildable area falls within the 5% — less than 15°% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 °% is 6°% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74°%. This replaces the minimum density factor in K.C.C. 21AA2.030 table. VIII. Maximum Dwelling Units Allowed K.C.G. 21A.12.030 -.040), This section should be completed only if the proposal includes application of residential density incentives (K-C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section 11) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. base density in dwelling units per acre see (Section 11) X 150% = maximum density maximum density in dwelling unlls per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) base density in dwelling units per acre (see Section 11) X 200°% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) base density in dwelling units per acre (see Section ll) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density transfers (KC.C. 21A_37) Calculation: base allowable dwelling units calculated in Section III bonus units authorized by K-C.C_ 21A_34 transfer units authorized by KC.C. 21A.37 total dwelling units (cannot exceed maximum calculated above) Check out the DDES Web site of www.mefrokc. gov/ddes subdivision Density and Dimension Calculations 1--cal-subden.pdf 1211 D/03 Page 5 of 6 IX. Minimum Lot Area For Construction KC. C.21A.12.100): Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero - lot -line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F. or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C_ 21A.12.100) X. Lot Width K.C.C. 21A.12.0500): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). Lot Width Measurement Check out the ODES Web site at www.metrokc.pov/ddes Subdivision Density and Dimension Calculations lc-cal-subden.pdf 52/30/03 Page 6 of 6 DEPARTMENT OF COMMUNITY _ Cr;Y°f��� Q DRT- AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 22, 2011 TO: Jan C. CC: Kayren Kittrick FROM: Arneta x7298 SUBJECT: MARTIN FINAL PLAT (AKASHAMROCK GLEN) FP 10-070 Attached is a print of the plat for the above project. Please review and comment. If there are no further concerns I will proceed with the recording process. You may use this memo to note any comments, corrections concerns or approval. Call if you have any questions. 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I.C9'9C oda W � !L'SL 9l+ ,9L 1 � i Zg -----___—____—•6Z'es I J }- I Q F - LO �. xa U 0 CL +i g '#i UY I b [A W U a v W ii Ul Li 0 ❑ 0 o 0 as — 3.OL,6C.LaN 3�* I �� is <0 0,& W,: 0 UC5w DC o a 6 cwnoz za �a l w r 3«L4,SO.ZON ,Og. ,g ,!L'9S N 3 .�6Lg d,0l,BC.LON sig � r r .01/y &� tN 0 9 y \ Jl z� 4 �1 cr cr co ZD ^ 0 T" r.a o n p�M d ra +gym rr Cd oar mLO ,sz U3 0 S e► 9LOON S9� J }- m i Q F - ro n� (� xa U 0 CL [A W U a v W ii Ul Li 0 ❑ 0 0 as — �� is <0 0,& W,: UC5w DC cwnoz za �a l w e► 9LOON S9� Aentonnet City Clerk Card File Record 33 of 64 a W Page 1 of 1 Title: PRELIMINARY PLAT, MARTIN PROPERTY1148TH AV SE & SE 125TH 2009 Effective Date: Nov 5, 2009 Date Entered: Nov 20, 2009 by User: CMoya Last Modified: Nov 20, 2009 by User: cmoya Scheduled Destruction Date: Destroyed Date: Narrative: ■ 111512009- Application for Preliminary Plat and Environmental (SEPA) Review & Appeal of a Hearing Examiner decision by Kenneth Martin, Owner (Contact: Cam West Development), for a 3.71 acre site subdivided into 31 lots for future single-family residential development, located west of 148th Av SE, south of SE 125th St and north of NE 5th, known as the Martin Property. ■ KC File #: L05P0019 ■ 413/2007 - Hearing Examiner's decision — approved subject to conditions Keywords: ■ LUA-09-117 (SEE PP) ■ ECF -09-117 (SEE PP) ■ PP -09-117 ■ MARTIN PROPERTY PRELIMINARY PLAT 2009 ■ MARTIN KENNETH 2009 ■ CAM WEST DEVELOPMENT 2009 ■ 148TH AV SE 2009 ■ SE 125TH ST 2009 ■ NE 5TH 2009 Location: BANK 4 Category: http://rentonnet. orglintranetICityC]erkDeptICardFilelindex.cfm?fuseaction=showdetail&... 06/07/2011 CITY OF RNTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 9, 2011 TO: Bob Mac Onie FROM: Arneta Henninger, X7298 I� SUBJECT: MARTIN FINAL PLAT AKA SHAMROCK GLEN LUA 10-070FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title Date cc: Yeltow File DEPARTMENT Of COMMUNITY City of��� AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 6, 2010 TO: Bob MacOnie Rocale Timmons CC: Kayren Kittrick r. 1 FROM: Arneta x7298 1 1 r SUBJECT: MARTIN FINAL PLAT LUA 10-0070 AKA SHAMROCK GLEN NES TH PL, LYONS PL NE & NE 51" CIRCLE The applicant has submitted the attached final plat drawing, a response letter, a title report and a quit claim deed. Please review and comment. If all is in order I will continue with the recording process. Let me know if you have any questions. Thank you! i Ainemo.doc S# 877 Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: X❑Residential ❑ Retail ❑Non -retail Calculation: 13 LOTS MARTIN PLAT AKA SHAMROCK GLEN PLAT NE 5T" CIRCLE, LYONS PL NE, NE 5T" PL LUA10-070FP A 13 LOT PLAT FOR SINGLE FAMILY 13(9.57)= $124.41 $75($124.41) =$9,330.75 RESIDENTIAL Method of Calculation: X ITE Trip Generation Manual, 8th Edition ❑ Traffic Study ❑ Other Transportation Mitigation Fee: $9,330.75 Calculated by: A. HENNINGER Date: 29 October 2010 Date of Payment: Denis Law City of Playor �f `' I! October 28, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Bruce Knowlton Camwest Development LLC 970 NE 120th Place Kirkland, WA 98034 RE: Martin Final Plat -- LUA 10-070FP a.k.a. Shamrock Glen NE 5`,, Place, Lyons Place NE and NE 5`h Circle Plat Completion and Acceptance of Utilities Requirements U100010, U100050, RST 3392 Dear Mr. Knowlton: As the construction phase of your project approaches a milestone, your project enters a new phase which I will refer to as project close-out. The purpose of this letter is to highlight the subject areas in the final plat process and a review of the final plat drawing. All of these items discussed below need to be completed prior to Public Works acceptance of the above -subject project. Please use this letter as a project close-out check list, to keep your project moving smoothly through the City procedures. Final Plat Recording Concerns . Information needed for final plat approval includes the following: • Note the City of Renton land use action number and land record number, LUA-10-070-FP and LND-1p-0484 respectively, on the final plat submittal (all submittal sheets). 'JUA-166'5 IZ DPP 42F -r" L:oR N 6r AL -i -- • The plat submittal notes Camwest Development, LLC. as the property owner (Sheet 1 of 3). The Corn monweaith Land Title Insurance Company Subdivision Guarantee title report, dated August 23, 2010, notes Camwest Newco LLC as the vested owner of theplat property. Review and revise as needed. 51'C f-J`ar'C_-d. HAS gEj5til JeLV1_<2FD. • The legal description, noted on Sheet 2 of 3 of the plat submittal, does not match with the legal description noted in the Commonwealth Land Title Insurance Company Subdivision Guarantee report, dated August 23, 2010, Order No. 40062240. Review fand revise needed. N If -b-4 L_/ f 5rL7 -rinthin. A Lot Line Adjustment or Boundary Line Adjustment needs to be prepared and recorded prior to the recording of the final plat. Provide sufficient infprmation to determine how the finallat boundary was established. SEr_ 5L-460111- G�,1 Z- . lnclude st tement of equi ent and procedures us d, WAC 3 -130-100. p !sDD � �-r ' C ,mss Note the date the existing monuments were visited, per WAC 332 -130 -150: 2- L>47 -5 -L>47- " Is '&J0C 4J Sf-/01'Jlo bLJ -5 -�. T Z . Renton City Hall • 1055 South Grady Way 9 Renton,Washington 98057 + rentonwa.gov Bruce Knowlton Page 2 of 4 October 29, 2010 • Complete City of Renton Monument Cards, with reference points of all new right of way monuments set as part of the plat. /�'lc��l• G�r��-S �tLL' G f- f�� Ar �i • Note discrepancies between bearings and distances of record and those measured or calculated, if any.O �1G�li�Sb�1D. • See the attachment for addresses for the plat lots. Said addresses can be noted in the "ADDRESSING BLOCK" already shown on Sheet 3 of 3. ADG S 1_ iAL S60,J • Note what is to be set at the angle points on the common property lines between Lots 4 and 5, between Lots 5 and 6, betwe n Lots 6 and 7, and between Lots 7 and S. Poi h LAS l 6E S,67 -A T 7-Hi'�SF At- i�br r4•� `S. C y `' x - �4q�2 c.4 ) • Replace "DEDICATION" with OWNER'S DECLARATION (block noted in the upper right-hand corner of Sheet 1 of 3). p4ri115 . • The "LOT NOTES" block (Sheet 3 of 3) should be removed from the submittal. Said block does not directly impact the subdivision (setbacks will be determined at the time that building permits are issued). Z_oT �-1 07IF5 • New private utilities easements are shown for the benefit of future owners of the lots affected by said easements. NOTE: Since the new lots created via this plat are under common ownership at the time of plat recording, there can be no new easements created until ownership of the lots is conveyed to others, together with and/or subject to specific easement Z b rights. p�2�1C7 0 C.C)i/L�1`l� 5�10LV at -L 5� LIQ D,e�� SSSS -Y�1 �5. • With a Homeowners' Association (HOA) planned for this plat, the following language concerning ownership of Tract "A" (the open space and recreation tract) applies to this plat and should be noted on the final plat sUbmittal as follows:—IiCAr;T A D Upon the recording of this plat, Tract "A" is hereby granted and conveyed to the Plat of Shamrock Glen Homeowners' Association (HOA) for an OPEN SPACE AND RECREATION TRACT. All necessary maintenance activities for said Tract will be.the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non- payment of property taxes for a period of eighteen (18) months, then each lot in this plat shallassume and have an equal and undivided interest in the Tract previously owned. by the HOA and have the attendant financial and maintenance responsibilities. NOTE: Use the above noted language for the other tracts associated with this plat, with changes made to said language as needed depending on the type of tract noted. Provide additional information for Tract "D" if available at this time. • Reference the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SHAMROCK GLEN, A SUBDIVISION document on the final plat submittal. Include a.space fo the ret rding number thereof. GC�R`s AAE � e-1 �,, sr,���-no s y s c o E.t 0" sl-rf2E7_ 2. • Two items noted in the "RESTRICTIONS" block can be removed_ One item refers to City Ordinance No. 4612 (sanitary sewer service special assessment), and the other refers to an annexation (Ordinance No. 5459). Any fees for the special assessment will be paid prior to recording of this plat and the City annexation was recorded in August of 2009 and needs no further mention. Iw x Bruce Knowlton Page 3 of 4 October 19, 2010 • Also in the "RESTRICTIONS` block is a reference to Tract "B" and a permitted use of said Tract by,thheye city_ What iss the�usee""�?? 7 -?-.15 • Adavicinity map to the plat submittal (with scale and no th rrow included). VlG1r�IC^`� t .4/� 1S ADDED 7O ��� � . • Remove the City of enton from Item No. 1 in the "EASEMENT PRO 110 5J_V='_block�o � ��1 • The extent of the easements on Lot 7 is not clear to the reviewer— provide dimensions and/or bearings to clarify..4&orr1OlJALr [`u�(>4t A t 1 D� � 5 3. • An up a e Plat erti Ica e wi be re aired ar a roval of the plat b the Cit uP D PZ -A7- Cf2��6Z-� ■ See the attar meets for circle items that nee to be corrected. f you have any questions regarding specific eomments on the final plat drawing review please contact Bob Mac Onie at 425 -430 -7369 - Construction Concerns You will want to continue working with Dan Thompson, Construction Inspector, to insure that the project has a final walk through and sign -off by the inspector. This includes any punchlist items from the inspector and/or the City Maintenance Division. You will want to verify that you have the proper street names on the street name signs (along with completing all street signage) -that are required to be installed prior to recording. Per City of Renton, all improvements shall be installed or deferred by the Board of Public Works with a security deposit in place, prior to recording the plat. Please contact Dan Thompson at 425-430-7434 if you have questions on these construction items. As -Built Concerns The construction permit plan mylars must be checked out from the sixth floor customer service counter and updated with a complete As -Built plan set. All plan sheets,including those constructed per design, must be verified, stamped, and signed as As -Built by a licensed surveyor or engineer. The mylars are labeled As -Built in large block letters and stamped by a PE or PLS. Submit an'A5C1 file along with your As -Built drawings. The civil drawings shall accurately.reflect the construction activity. The civil drawings also need to show all water, sanitary sewer, street lights, and storm drainage systems easements, which shall be consistent with the As -Built location of the utility. Once the above have been addressed, submit one set of As -Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines, and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The City also requires that a Water District 90 mylar be submitted. ALiK—LJ Oc.J,�D66.b Fire Prevention Concerns All roadway and street signage work (including "No Parking" signs) needs to be completed prior to recording. A4f,-kt,f dt-(_)L-EDC�D Planning Comments Planning comments are not available at this time. I will forward those comments as soon as they become available. i3ruce Knowlton Page 4 of 4 October 29, 2010 f--Yz�S Fees The applicant small pay the Fire Mitigation Fee of $6,344.00, either prior to the recording of the final plat or at the time of building permit issuance_ The applicant shall pay the Transportation Mitigation Fee of $9,330.75, either prior to the recording of the final plat or at the time of building permit issuance. There is no Parks Mitigation Fee because the plat is showing a Recreation Tract. The Issaquah School District Impact Fees required to be paid are 50% prior to recording the final plat, and 50% at the time of building permit issuances for the individual lots. Deciaration of Covenants Conditions and Restrictions The above document was sent to the City of Renton attorney for review and his comment #ollaws:7H15 SPS L... 1GI-� E "Section 2.3.2 is unacceptable. We would not approve that language as to legal form. What the language could be is: The Association shall be able to dedicate or transfer all or any portion of the Common Area, including easements, thereon, to any public agency, public department, public division, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, and agreed to in writing by the City of Renton, or the appropriate public agency, public department, public division, authority, or utility." General • When you re -submit, please prepare and email your response.letter to the plat conditions from the King County Hearing Examiner directly to me. Once I receive that email I will start on your report for the Final Plat. This is also one of the steps required to get to final recording, if you have any questions on the format please call me_ The conditions and responses need to be in full, complete sentences. r'-�r � � 1'`�� p'�v��� 1T�-/ 11�1�`lAL— S 8�-?r L. / Z ISL �� ' 'ou 7r�E E EG7aeAA41 •ease Include a neighborhood detail map and. the lot layout shown on sheet 5 (both 8 1J2" ](/ 11") with the next submittal. I need a clean copy to attach to the r�or s � I T -7 -AL--% co P��s ACE 77` D - 7� S It is a team effort of all of the above City divisions, ;your engineer, and your surveyor to get your plat.to final approval. If you have any questions, please contact me at 425-430-7298. Thank you for your cooperation. Sincerely, 1 Arneta Henninger Plan Reviewer ahenninger@rentonwa.gov r� Cc: Kayren Kittrick, Development Engineering Supervisor Bob Mac Onie, Mapping Coordinator Dan Thompson, Construction Inspector U Z 0 a F 4 � 0 QQQ.. 0 C:: d Cri # N � ' 4° m C3 a L z a] 3„ 9z,9 WON '^ m ai J � L V -Z Q r'Q s r r #0'fi£4 qQ9 -H Lo U -i o m N Z `J 7 C7 ii V7 m {p lrJ CJ 1L? 4 117 G7 N¢ Q�o71 a CC7 " G7 N- I"'am m 7 TZ r Z zsl¢ Cl n � � + N tr` a m p Y-'rC3 I`1 p to Ln ;> yo o a �L�il N wcxoL+ o u7 WUi v(nC -fl V) om¢ F-- = Ln C,13 X42,aQ' �J 7” m VIQ � CO y — 3„9Z,91.9aN nZ F9� a .yh g2 f 'Oc'. z rd hp. b a r w a- N O !f CD CD 41 0 ,, V� fi\ 10. 7 � �Jcm4 � r S�h'�1�� d •1�,� � �o �+7 3„9Z,51.00N y I Cl m (0a i 0 fS� V�r) Q7 I m 3„9z,9 4A0N � I ' P 0 EC) -H � 0 I •' - 'ri U Z 0 a F 4 � 0 QQQ.. 0 C:: d Cri # N � ' 4° m C3 a L z a] 3„ 9z,9 WON '^ m ai J � L V -Z o10 r'Q r #0'fi£4 -H Lo J 0 m oP' r v� Ls'trL N¢ Q�o71 U Z 0 a F 4 � 0 QQQ.. 0 C:: d 0 _ r � I O 0 a) m I Lq 1I O QI m � I 3„0 l,c g'. LO N C.0 ___ ED 3„L-,90.ZON n Ri F9 CEI !!'99 N .�a•eg 3 al,6E,[ON BF $ �.8� IV 4 mcy [y fN Iq 00a In ' z T z ,z0'SsaO.9z 3„ 08,91.om �> L% 0 s s. b *I fq vzr� cy H M w -{i v7 VD Ss`zs .1 S1 No 3„9a,sl.aaN 6° ¢/ CNA L V -Z t r � m oP' r v� N¢ Q�o71 rnto � I"'am m Lnr TZ r Z zsl¢ ¢ �- to O� + N tr` Q [ril p Y-'rC3 I`1 p Lail u 40 o'p II�{�� �L�il N wcxoL+ o u7 WUi v(nC -fl V) om¢ F-- = aaw �> Lt 7” m VIQ w CO y — m z bd� ,!O'LL E9'9£ r w a- 9[ 9l .9I � � r S�h'�1�� d •1�,� � i�or�wv?Qn 0 _ r � I O 0 a) m I Lq 1I O QI m � I 3„0 l,c g'. LO N C.0 ___ ED 3„L-,90.ZON n Ri F9 CEI !!'99 N .�a•eg 3 al,6E,[ON BF $ �.8� IV 4 mcy [y fN Iq 00a In ' z T z ,z0'SsaO.9z 3„ 08,91.om �> L% 0 s s. b *I fq vzr� cy H M w -{i v7 VD Ss`zs .1 S1 No Lu A LND— LEGAL L DESCRIPTION IS 17RAM. PM SE t/45 SE 1/41 SEC - CITY OF RENTON, KI THE SOUTH HALOF THE NEASQUARTER OF SOUTHEAST QUARTER OF THE QUARTER OF SECTION ERANGE EASTWH, INTG CONTY, WA CTO EXCEPT THE NORTH 16 FEET THEREOF; AND EXCEPT THE EAST 150 FEET THEREOF; ET OF THE TOGETHER QUARTERS OFTiHETSFEET OF THE NORTH OUTHEAST QUARTER 00 THE SOUTHEAST QUARTEREOF SAID SECRONH1C ALF OF THE T OF THE CAST 150 NORTHEAST QUARTER y, TOGETHER QUARTER O�MTHE SpIJTHEAS7SQUARTERCOFSTH�VSOUTHEASTNORTH QU,4RTERET OF SAID SOUTH HALF OF THE NORTHEAST EXCEPT THE EAST 30 FEET THEREOF; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE Q�F�WASHINGTON- RESTRICTIONS THE ROAD L ASTORM WITH RNTINAGE ON DEVELOPMENTSYSTEMS SVE BEEN SERVICES DIVISIONCTED AND ANY DEV ATIOACCORDING To FROM THETHE OAPPROVEDPLANS PLANS AND WL.E ON FILE WILL REQUIRE APPROVAL FROM THE PROPER AGENCY, CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. ALL BUILDING DOWN FOOTING DRAINS ALL ITSUSURFACES AN D EWAYS SHALL CONNECTED TO THE PERMANENT STORM DRAIN FACILIEASSHWNON THE APPROVED CONSTRUCTION DRAWINGS ON FILE IRDLLLSERVICES ITHIS PLAN SUBMITTED WITH THE APPLICATONOF ANYBUILDINGPERMT.ACONNECTONS OF THE DRAINSMUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. NO LOT OR PORTION OF A LOT IN THISPCLATASHALL BE DIVIDED N OF H SN SOLPLAT D OR R REO ESS RTH WNERSHIP THE AREA DROR TRANSFERRED WHEREBY THE OWNERSHIP FOR THE USE DISTRICT IN WHICH LOCATED. SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF FOR A POLE. LINE PER INSTRUMENT UNDER RECORDING NO. 305589. j� SUBJECT TO ORDINANCE NO. 4612 AND THE TERMS AND CONDITIONS THEREOF REGARDING SANITARY SEWER SERVICE SPECIAL ASSESSMENT. �E-I sp SUBJECT TO ORDINANCE NO. 5459 AND THE N4 20090806000472, CONDITIONS THEREOF REGARDING CITY OF {RENTON ANNEXATION PER INSTRUMENT UNDER RECORDING THE OWNERS S THE AREA OWNERS OF TRACT SHOVJN ON SHEET PERMIT 3THE CCITY OF RENTON, ITS SUCCESSORS AND ASSIGNS TOOF THERE SHALL BE NO DIRECT VEHICULAR ACCESS FROM ANY LOT IN THIS PLAT TO 148TH AVENUE SE. STREET TREES SHALL OWNED AND MAINTAINED BY THE ABUTTING OWNERS. GENERAL NOTES ik2A.GT::_A'..I. Git O E MEOY iERSDASSOCATON AND SIHALL BE MAINT INEDAND �S HEREBYr�BYYTHETSHAMROCK� t Stl*M K SIS H jCHTS,RCJMEQW�1€RS ASSOCIATION. Io' 11Z A c_nr_keWAT�-7R nFTFNTION AND WATER. QUALITY TRACT AND— ISHEREBYCONVEYED- TO . } r1NN-nATICN PER ii STR6YENTVI R RECGRDi;dG N0. 200908C60G0^.72. -REIT THE �1 TY �, REN 10 1, ITS SUCCMSSGRS ANO I � THE OWNERS AND FUTURE OVNERS OF TRACE H h�R� L ASSIGNS TO USE THE AREA OF TRACT 3 AS SHOWN OPJ SHEET 3 OF 3. THERE SHALL BE NO DIRECT VEHICULAR ACCs SS FROM ANY LOT IN THIS PLAT TO 1 TBTH AVENUE SE. STREET TREES SHALL OWNED AND MAINTAINED BY THE ABUTTING 0WNERS. GENERAL NOTES TRACT. -W lS-_-WAKEN SPACE AND RECREATION TRACT AND IS HEREBY CONVEYED; Tff SHAMROCK ROCK ~ i HAM 9Cf{ HEIGHT j -HOMEOWNERS ASSOCIATION AND SHALL 8E IAkINTAiNED B TFi HEIGHTS, ROMFOWNERS ASSOCIATION. Y TRACT AND IS HER BY NVE_YED.. TO, TRACT 'B'- IS.-.A-T-0��R DETENTfOt AND WATER AND SHALL BE MAINTAINED 8 THE, SHAMROCK,._ THE- `L{AtARQCK,_HQ9HTS H HEIGHTS OOMEOWNEF2S ASSOCIATION_ - ~O _-THE--SKAM ROCK FlEtGOTS.', TRACT 'C' IS AN OPEN SPACE TRACT AND IS HEREBY CONVEYED..., ONVE ED HAMROCK HE- S kMEOWN RS HOMEOWNERS ASSOCIATION AND SHALL BE MAi _ ASSOCIATION. TRACT 'D' IS A NON—BUILDABLE f AREA WHICH WILL BE—CONVEYED BY THE DECLARENT TO EITHER THE OWNER OF TAX PARCEL--_ . OR RETAINED AS OPEN SPACE. TRACT 'D' IS NOT ANIS SHALL NOT BE CONSIDERED AS A SEPARATE BUILDING LOT AND SHALL BE DEVELOPED IN THE FUTURE ONLY IF IS I CONSOLIDATED ID TOSONE OR EO REGULATIONS.EDJOINING LEGAL LOTS IN ACCORDANCE WITH APPLICABLE CI DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON, COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR ANY SUBDIVISION THEREOF. THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE PLAT, 0 BRASS I MONUME GRp 0 BASIS C NORTH 88'21 SOUTH LINE QUARTER OF 23 NORTH, F PER PLAT Of VOL. 231, Pt I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THEHc_ ARE i� O DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED T4 THIS OFFICE FOR COLLECTION ON ANY OF TETE PROPERTY -REIN COMTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTI-{ER PU13LIC USE, ARE .D IN FULL THIS— DAY OF , 2010. MANAGER, FINANCE Oiti1SION DEPUTY LAND SURVEYOR'S CERTiEICATE I HEREBY CERTIFY THAT THIS PLAT OF SHAMROCK GLEN IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 10, TOWNSHEP 23 NORTH, RANGF 5 EAST, W.M-, THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS WELL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT 1 HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS- i� G��, Oyv WAg � d C FT r a (, �� ALLEN W. 5� OFESSfONAL LAND # SURVEYO - CERTIFICATE NO. 41957 T * *� AXIS SURVEYING AND MAPPING A4p ���7 13005 NE 126TH PLACE KIRKLAND, WASHINGTON 98034 DAV L'" PHONE: 425.823.5700 RECORDING CERTIFICATE 1� cI � ~f FILED FOR RECORD AT THE REQUEST OF THE�RFGTC N-TYY COUNCIL. THIS —_— DAY OF , 20 , AT _ QMLJTFS PAST __—M. AND RECORDED IN VOLUME __--_ — OF PLATS, PAGE(5) _—_._—_---- --- RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS RECORDING NO - ----------------------------- Survey & MaPPFng 13005 NE 126th pT RAND, '(f 7A 98034 TFL. 425.823-5700 FAX 425.823-6700 December 1, 2010 r Arneta Henninger Department of Community and Economic Development City of Renton 1.055 South Grady Way Renton, WA 98057 Re: Martin Final'Plat — LUA 10-0070FP a.k.a. Shamrock Glen U1200010,U100050, RST 3392 Dear Arneta: Attached are the following documents associated with the final plat of Shamrock Glen (Martin property): . 1. Revised final plat map — 5 copies 2. Updated Subdivision Guarantee dated November 9, 2010 - 3 copies 3. Your letter of October 28, 2010 with hand written responses as to how each item either' has or will be addressed — 5 copies 4. Revised CCRs — 3 copies - 5. 8 1/z" x 11" vicinity map =1 copy 6. Reduced copy of the final plat map —1 copy The attached information is intended to, respond_ to the items included in your letter of October_ 28, 2010. Please note that the letter you requested indicating how the plat conforms to the Hearing Examiner's conditions of approval was submitted with the final plat. The letter was written to the attention of Rochelle Timmons. However, I will e-mail you a copy of this letter as well. If you have any questions regarding any of the attached information, feel free to give me a call at (425) 825-1955 ext. 1.42. Sincerely, Bruct Knowlton Vice President for evelopment CamWest Dev ment LLC T �� E i er -, City of Ren�on InterOffice Memo F �;,, A � To: A Tarry Warren, City Attorney From: Arneta Henninger Date: October 11, 2010 Subject: Declaration of Covenants, Conditions, Restrictions and Reservations SHAMROCK GLEN FINAL PLAT (Martin was preliminary plat name) LUA 10-070FP Please review the attached Declaration as to legal form. This project received Preliminary Plat approval while it was still in King County. Per the King County Hearing Examiner's report on page S under Decision item 15, the applicant shall create a Homeowner's Association which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). The attached documentation discusses maintenance on page 6 and page 7 under Article 2. There is one issue I want to call to your attention in the Declaration on page 7, Section 2.3.2 which reads in part that the Association has the right to dedicate portions or all of the Common Area to any public agency. This plat will ready for recording toward the middle of November. If I may be of assistance in expediting this request please call me at 430-7298. CC: Kayren Kittrick Yellow File LUA 10-070FP Denis Law �CltyO Mayor "r1rr ` 4 Department of Community and Economic Development Alex Pietsch, Administrator October 4, 2010 Bruce Knowlton Camwest Development LLC 9720 NE 120th Place Kirkland, WA 98034 Subject: Notice of Complete Application Shamrock Glen Final Plat (Martin), LUA10-070, FP Dear Mr. Knowlton: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, r Arneta Henninger Project Manager IC�,2,_l Renton City Hall • 1055 South Grady Way + Renton, Washington 98057 9 rentonwa.gov A)0. -u-70 City of Renton LAND USE PERMIT MASTER APPLICATION E [i \r'C) PROPERTY OWNER(S) ADDRESS: CITY: KbCeJ_Ai./Q ZIP: TELEPHONE NUMBER: I52-5 • 1 6 SS APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY' ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: ff&L1C_-j5 COMPANY (if a licable ADDRESS: !2-0 CITY: ZIP: TELEPHONE NUMBER AND EMAIL ADDRESS: 62S • fgss r PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME:b--MA 7-1 C PROJECT/ADDRESS(S)/LOCATI N AND ZIP CODE: 5 00/ GSL - PL, ,r•1Tc�b.r, r 980,55 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXISTING LAND USE(S): PROPOSED LAND USE(S): S/Ajk5. ,e_= AAWt 14,Y A5,S1,0 '1.4 L EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) ^`I� /�t EXISTING ZONING: pz~ PROPOSED ZONIN�licable): SITE AREA (in square feet)- -7 eet): (93 5z= SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 1 47L 44e/_ 151=151=SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) C) �1 NUMBER OF PROPOSED LOTS (if applicable) 13 NUMBER OF NEW DWELLING UNITS (if applicable): 13 http://rcntonwa.gov/uploadedFiles/Business/PBPWIDEVSERVIFORMS_PLANNINGImasterapp.doc - 1 - Pi...JECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): l5 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): � A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 1-_11ASQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): rJ114 NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): � A NUMBER OF EMPLOYEES TO�MPLOYED BY THE NEW PROJECT (if applicable): TION (conti„ued PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PL SE INCLUDE SQUARE FOOTAGE (if applicable): �A ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE S15 QUARTER OF SECTION /d TOWNSHIP2Z , RANGE 0 S, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1.1�1�4L 1�' A -r 3. 2. 4. Staff will calculate applicable fees and postage: $ i�5ao' AFFIDAVIT OF OWNERSHIP I, (Print Name/s) G C ' f F �-4�— , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) _)!L the current owner of the property involved in this application or _ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ~~--- 1 certify that I know or have satisfactory evidence that f.6 .7 - signed signed this instrument and acknowledge if to be his/her/their f d voluntary act for the uses and purposes mentioned in the instrum �Ls (Signaof rlRepr entativ (Signature of Owner/Representative) Notary Public in and for the State of Washington Notary (Print) L._' C_c [­. n1, My appointment expires: i 1 t -i http://rentonwa.goyluploadedFiles/Business/PBPWIDEVSERVIFORMS_PLANNINGIma.sterapp.doc - 2 - AFTER RECORDING MAIL TO: Bruce Knowlton CamWest Development, LLC 9720 NE 120`x' Place, Suite 100 Kirkland, WA 98034 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SHAMROCK GLEN, A SUBDIVISION Grantor/Declarant: CamWest Development LLC Grantee: Shamrock Glen, a Subdivision Abbr. Legal Description: Lots 1-13 & Tracts A, B, C and D Plat of Shamrock Glen, Vol. of Plats, Pages , King County Recording No. (Full Legal Description on Exhibit A] Tax Account No.: 102305 9383 Docs Modified: N/A DECLARATION OF COVENANTS, CONDMONS, RFSTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE I DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SHAMROCK GLEN, A SUBDIVISION CamWest Development LLC, a Washington limited liability company, hereinafter referred to as "Declarant", makes this Declaration as of the day of , 2010. SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Declarant owns the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "Shamrock Glen" or the "Property," and more particularly described in Exhibit A attached hereto. B. Declarant has created an owners association at Shamrock Glen to provide for the maintenance, preservation and architectural control of the privately -owned Lots and the Common Areas (as defined below) within the Community. C. Declarant has imposed these covenants and servitudes to create a comprehensive system of land -use, development and architectural controls within the Property to enhance the value and attractiveness of the Property, and to protect and benefit the interests of the Owners of the Property. D. Declarant submits the Property to this Declaration. The Property shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to these covenants, conditions, restriction, reservations, easements, rights of way, liens, charges and equitable servitudes, which shall be binding on all parties having any right, title or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisces or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of any real property interest in any portion of the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Architectural Control Committee" or "ACC" shall mean the Board, as defined below or a committee by that name designated by the Board. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 2 "Articles" shall mean the articles of incorporation of the Association. "Assessments" shall mean all sums chargeable by the Association against a Lot as set out herein, including, without limitation: (a) General and Special Assessments for maintenance, repair or replacement of the Common Area, the Association Maintained Areas and any other property of the Association as set out in Sections 7.5-7.7; (b) Specific Assessments against a Lot as set out in Section 7.8; (c) fines imposed by the Association; (d) interest and late charges on any delinquent account; and (e) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean The Shamrock Glen Homeowners Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns. "Association Maintained Area" shall mean those facilities, improvements and portions of the Plat that the Association is obligated to monitor and/or maintain. The Association Maintained Area includes the property and improvements described in Section 2.4 of this Declaration. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 3, and any board, group or entity of the successor or assign to the Association serving in a comparable capacity to the Board of Directors. "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "Class A Members" shall mean all Owners other than the Declarant when the Declarant is the Class B Member. If the Declarant is no longer the Class B Member, then it shall mean all Owners, including Declarant. If there is no Class B member, it shall mean all Owners. "Class B Member" shall mean the Declarant. "Class B Control Period" shall mean the period of time during which the Class B Member is entitled to appoint the members of the Board. The Class B Control Period shall terminate on the first to occur of the following: (a) When 75% of the total number of the Lots have certificates of occupancy issued for the Home thereon and have been conveyed to Class "A" Members other than builders; (b) June 1, 2017;or (c) When, in its discretion the Class B member so determines. "City" shall mean the City of Renton, in the County of King, State of Washington. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 3 "Common Area" shall mean all real property and improvements thereon from time to time owned by the Association or in which the Association has a real property interest for the common use and enjoyment of the Members. The Common Area may (but need not) include common areas, tot lots, recreational facilities, parks and other open space, lakes, streams, storm water drainage facilities, utility facilities, private streets not dedicated to the City, County or the State of Washington, trail systems and fencing on common areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. "Declarant" shall mean CamWest Shamrock Glen LLC., a Washington limited liability company. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein. "Entry Monuments" shall mean any entry monuments, signs, landscaping, lighting and other improvements that are installed by the Declarant or Association to mark the entry to the Plat. "Home" shall mean a structure located on a Lot which is designed and intended for use and occupancy as a residence or which is intended for use in connection with such residence. "Lot" shall mean and refer to any of the 60 numbered Lots shown on the Plat. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot. "Member(s)" shall mean the Class A Members and the Class B Member. "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the 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 which constitutes a first lien on said Lot. When exercising any voting rights a Mortgagee has hereunder, it shall have the same voting rights as the owners of the Lot subject to such Mortgage. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 4 "Native Growth Protection Area" ("NGPA") shall mean the perpetual easement granted to the public and the City of Renton over Tracts A and B, as designated on the Plat, for the preservation of the NGPAs in their natural state. Except as set forth in Section 6.24, there shall be no disturbance whatsoever of the NGPA, including the removal, pruning, damaging or alteration of trees and understory, unless expressly approved by the City of Renton. "Notice and Opportunity to be Heard" shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat for Shamrock Glen which depicts the layout of the Lots and Tracts on the Property. The Plat for the Property was recorded at Volume of Plats, at pages through under Recorder's File No. records of King County, Washington. "Private Storm Drainage Easements" shall mean the private storm drainage casements described on Sheet 4 of the Plat and Exhibit B-2 attached hereto. "Property" shall mean the real property described on Exhibit A attached hereto. "Public Utility Easement" shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Lots and Tracts at all times for said purposes. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 5 "Street Landscaping" shall mean the street trees, shrubs and other landscape plantings located on the Lots within 5 foot wide planter strips located immediately behind the public sidewalks in the Plat, and landscaping associated with any entry monument, and shall also include any irrigation system for the foregoing. "Structure" shall mean any thing or object the placement of which upon any Lot may affect the appearance of such Lot, or the alteration of any Lot in a manner that may impact the flow of water, including (i) any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, curbing, paving, tree mouse, fence, wall, rockery, hedge, sign, statue, basketball goal, pole, antenna, dish or other receiving device, or the like, and (ii) any excavation, fill, ditch, darn, or other thing or device that affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial stream or drainage channel from, upon or across any Lot. "Tract" shall mean and refer to any of Tracts A through G shown on the Plat and any improvements thereon. "Yard Landscaping" shall mean landscaping installed by Declarant (other than the Street Landscaping) or installed by Owner, including trees, grass, shrubs and other plantings. Article 2. COMMON AREVASSOCIATION MAINTENANCE/ EASEMENTS Section 2.1 Description „cif Common Area. The Common Area, as shown on the Plat, is comprised of the following: Tract A Open Space/Recreation Tract B Detention Tract C Open Space Tract D Non Buildable Tract or Open Space Section 2.2 Dedication of Common Area. Declarant, by recording the Plat, dedicates and conveys without warranty the Common Area to the Association. Section 2.3 Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.3.1 The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be detrimental to the environment, be inconsistent with development conditions, DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GUN) PAGE 6 government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space on the Plat. 2.3.2 The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, and agreed to in writing by the City of Renton, or the appropriate public agency, public department, public division, authority, or utility. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements: 13 The Common Area, and 13 Any Private Signage and Entry Monuments. The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility pursuant to the Declaration or any covenants, contracts or agreements. Section 2.5 Association Maintenance Responsibilities, The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area and any improvements, including structures, and landscaping or other plantings, and utility facilities therein.- All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The costs of maintaining the Association Maintained Area shall be assessed against the Lots as set forth in Sections 7.4, 7.7 and Exhibit B-1 and B-2 attached hereto. Section 2.6 Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area to family members, guests and tenants of such Owner. Each Owner shall be responsible for informing such Owner's family members, guests, tenants and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by the Owner or the Owner's family member, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien upon the Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.7 Public Utility Easements. The Plat creates various public easements within the Property for utility installation and maintenance, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Lots at all times DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 7 for said purposes. Within these easements, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation, maintenance and use of utilities. Each Owner must continuously maintain any such easement area within a Lot, and all improvements thereon, except for those improvements for which a the City, a public authority or utility company, or the Association is responsible within the easement areas. Section 2.8 Private Easements and Facilities. The Plat creates various Private Storm Drainage Easements on the Lots for the benefit of certain Lots. The Owners of Lots using the facilities in the Easement are responsible for maintaining the facilities as set forth in the Plat and Exhibits B-1 and B-2. The cost of such maintenance shall be shared equally by the Owners of all Lots sharing in the use of the facilities, except that the owners of any lower lot shall not be responsible for the part of the storm drainage facilities above their connection. In the event maintenance, repair or replacement is required, the Lot subject to the Easement shall be restored to a condition similar to that condition immediately before the facilities were maintained, repaired or replaced. The Owners of Lots upon which Private Storm Drainage Easements are located shall not use or alter their Lots in any way that would interfere with the proper operation of the storm drainage system. No planting, or other material shall be placed or permitted to remain that may damage or unreasonably interfere with the installation, maintenance and use of the utility facilities. The Owner of a Lot subject to a Private Storm Drainage Easement shall not develop or beautify the easement area in such a way as to cause excessive cost to the benefitted lots when performing their restoration obligations. The City of Renton has the right to enter they Private Storm Drainage Easements to repair any deficiencies in the event any Owner or Owners are negligent in the maintenance of those facilities. Such repairs will be done at the cost of the benefitting Owners. Section 2.9 Signage Easement. Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet of all Lots parallel with and abutting all public rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs and address columns or monuments. Section 2.10 Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 2.11 Easement for Entry by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing so with reasonable cause; or (ii) acting with the consent of the Owner or tenant of such Lot. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 8 Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. There is hereby created an association called The Shamrock Glen Homeowners Association (the "Association"). Section 3.2 Form of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the Owners at regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of the Association. A majority of the Directors elected by the Class A Members must be members of the Association. The Directors appointed by the Class B Member need not be members of the Association. Section 3.5 Membership and Voting Rights. The Association shall have two classes of voting membership: 3.5.1 All Owners, except the Declarant when the Declarant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall be members. The vote for such Lot shall be exercised as the joint owners may decide among themselves, but in no event shall more than one vote be cast with respect to any Lot. 3.5.2 The Declarant will initially be the Class B Member, The Class B Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall cease one year after the termination of the Class B Control Period. At that time, the Class B Membership will convert to Class A membership for each Lot still owned by Declarant. Section 3.6 Transfer of Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred in any way except upon the transfer of title to the Lot and then DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN PAOF 9 only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with generally accepted accounting principles. Section 3.8 Inspection of Association Documents, Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. Section 3.9 Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association ("Financial Statement"). The Board or a majority of the Owners may at any time require an annual audit prepared by an independent certified public accountant which shall be paid for by the Association. Section 3.10 Audit of Financial Statements. If the annual Assessments are fifty thousand dollars ($50,000) or more, the Financial Statements shall be audited at least annually by an independent certified public accountant unless the audit is waived by sixty-seven percent (67%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum, as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit, the Members must vote to waive the audit in accordance with this section. Section 3.11 Information to City. The Association shall keep the City apprised of the names and addresses of the officers of the Association. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4.1 Administration of the Propertx. The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. Administrative power and authority shall be vested in the Board. Section 4.2 Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Members, shall have all powers DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 10 and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2.1 Levy, collect, and enforce the collection of, assessments, as more particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association. 4.2.3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of assessments, the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services; however, if 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. The Board may pay the Declarant a reasonable fee for any services it performs on behalf of the Association. 4.2.5 Pay for power for all streetlights, if any, located on the Property and water and power for irrigation of the Common Area and Association Maintained Areas. 4.2.6 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Tree Trimming. The Board may require, at the Owner's expense, the trimming, topping or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner's Lot that the ACC determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile travel in the community, provided that that no tree may be removed unless any necessary permits are obtained from the City of Renton. Section 4.4 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area, the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 11 with this Declaration and the Bylaws and which treat all Members fairly and in a non- discriminatory manner. Section 4.5 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose of this Declaration. Article 5. ARCHITECTURAL CONTROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected, placed or altered within the Property, and any changes to the exterior appearance of any Structures on the Property and visible from any street or other Lot, must be approved by the Board or an Architectural Control Committee ("ACC") composed of three or more representatives appointed by the Board. Nevertheless, Owners are not required to obtain ACC approval for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and normal maintenance (unless re -roofing or residing with different materials or repainting with a different color or otherwise altering the material, colors or design of the original home or any ACC approved changes). Until completed Homes have been constructed on all of the Lots, Declarant shall act as the ACC. Complete plans and specifications of all such proposed Structures or exterior alterations and repairs requiring approval, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC must be submitted to the ACC before construction, alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. 5.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the Lots and, as to location of the Home, with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and the architectural guidelines to be adopted by the ACC. 5.1.3 All plans and specifications submitted for approval by the ACC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. In the event the ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, the ACC will be deemed to have given its approval, subject to the provisions of Subsection 5.1.4. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PACE 12 5.1.4 The maximum height of any building shall be established by the ACC as part of plan approval and shall be given in writing together with the approval. If the ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than is allowed under applicable zoning, land use and building codes. 5.1.5 The ACC may require that all plans or specifications be prepared by an architect or a competent house designer approved by the ACC. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC. The ACC may require that all buildings or structures 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 ACC in its reasonable discretion. 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 street or other Lot which is not suitable or desirable, in the ACC's opinion, and such refusal may be based entirely on aesthetic or other factors. 5.1.6 In evaluating any design, the ACC may consider the suitability of the proposed Structure, the material of which it is to be built, the exterior color scheme, the site upon which such buildings or structures are proposed to be built, the harmony thereof with the surroundings, and the effect or impairment that such Structure will have on the view or outlook of surrounding Lots, compliance with the Plat, and any and all other factors which, in the ACC's opinion, shall affect the desirability or suitability of such proposed Structure, improvement, or exterior alteration or repair. 5.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment deemed undesirable, in the ACC's opinion, based on aesthetic factors or otherwise. The ACC may consider the visual impact of the proposed structure or equipment and the noise impact of the related activities upon all nearby Lots or Common Area. Any enclosure or cover used in connection with such a recreational structure or equipment whether temporary, collapsible, or seasonal, shall be treated as a permanent structure for purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 5.1.8 Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by Declarant. 5.1.9 By majority vote, the ACC may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. 5.1.14 No Structure shall be erected, altered, placed or permitted to remain on any Lot unless the Structure complies with the Plat, this Declaration and with DECLARATION OF COVENANTS, CONDITIONS, REsmicrioNs AND RESERVATIONS (SHAMROCK GLEN) PAGE 13 applicable building codes. The ACC may require that the Owner furnish the ACC with evidence that all necessary permits have been obtained from the City for any work on a Lot for which ACC approval is required under this Section prior to commencement of the work. Section 5.2 Tree Removal. If an Owner wishes to remove any tree that is part of the Yard Landscaping and that is eight inches or greater in diameter at breast height, the ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests must be submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In the event the ACC fails to approve or disapprove such removal within 30 days after the request has been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt response. In addition to ACC approval no tree may be removed from any Lot without complying with City of Renton tree removal permit requirements. No trees or other vegetation within the NGPAs may be cut, pruned or removed without the permission of the City of Renton. Section 5.3 Declarant Facilities. 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 or Homes upon such portion of the Property (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 14 Article 6. MAINTENANCE OBLIGATIONS OF OWNERS/ USE RESTRICTIONS/ EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which arc to be performed by the Association pursuant to the provisions of this Declaration, each Owner, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Home, Structures, and other improvements on the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any Owner fails to maintain, repair, replace or restore the Owner's Home, Structures, and other improvements located on the Lot, or the Lot itself, the Association may, after Notice and Opportunity to be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall pay or reimburse the Association on demand for all such costs and expenses. Each Owner is responsible for irrigation for the yard and landscaped areas of such Owner's Lot and shall maintain the yard, landscaping and plantings on the Lot. All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition. Section 6.2 Restrictions on Storage; Use of Gara e. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of the Homes) or any disabled or inoperable motor vehicle on the Property unless any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACC. Garages must be used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles, provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking as may be adopted by the Board. No in -operative vehicle of any type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners. Section 6.3 Roads and Sidewalks. The public roads and sidewalks located in Shamrock Glen shall be used exclusively for normal access, ingress and egress, and no obstructions shall be placed thereon. Parking is not allowed in alleys due to their width. Parking is allowed only on one side of the interior public roads (excluding alleys) regardless of whether those roads are signed or striped for parking. Parking is not allowed on the sidewalks or planter strips. No vehicles may be parked in driveways that are less than 15 feet in depth. No vehicle parked in any other driveway may extend into the street, alley or sidewalks of Shamrock Glen or otherwise inhibit vehicular or pedestrian traffic or access to any Home. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLFN) PAGE 15 Section 6.4 Residential Use and Home Occupations. The Lots and Structures located thereon may be used only for (i) residential purposes, including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or (ii) use as a home office or (iii) use for a home business that does not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community; (v) purposes of operating the Association and managing the Property, or (vi) the business of the Declarant in developing and selling Homes or Lots. Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted upon any Lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in the Property, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Section 6.7 Garbage and Trash Removal. No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste must be placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the prompt and regular disposal of all of garbage, trash, junk and yard waste from the Owner's Lot. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. Section 6.8 Animal Restrictions. No insects, reptiles, poultry or animals of any kind shall be raised, bred or kept in or on any Home or Lot or on any Common Area, except that domesticated dogs, cats or other usual household pets (hereinafter referred to as "pets") may be kept on the Lots subject to rules and regulations adopted by the Board. All pets when outside a Home shall be kept on an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the pet at all times, by fencing or by a suitable invisible electronic confinement system not dangerous to humans. Pets shall not be allowed to leave excrement on any Lot or on any portion of the Property nor shall they be allowed to bark continuously or make disturbing noises. Any Owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 16 disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 &M. No signs shall be displayed to public view on any Lot except (i) one professionally created sign of not more than one square foot displaying the property address and/or resident's name; (ii) one sign of not more than five square feet advertising the Lot for sale or rent; (iii) signs used by Declarant or other home builders to advertise Lots or Homes for sale; (iv) political yard signs displayed prior to any primary or general election, (v) outdoor display of the flag of the United States if the flag is displayed in a manner consistent with federal flag display laws, or (vi) the permanent entry monument signs, and fire lane, road and directional signs for the Property. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs, and of the flag of the United States consistent with federal flag display laws. This Section shall not apply to Declarant. Section 6.10 Renting and Leasing. 6.10.1 The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting less than the entire Home, and for any term less than 30 days, and all leasing or rental agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default under such lease or rental agreement. 6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner (and the Home 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 Home or its Owner, or in derogation of any rights which a Mortgagee of such Home may have with respect to such rents. Other than as stated herein, there are no restrictions on the right of any Owner to lease or otherwise rent his Home. Section 6.11 Temporary Residence. No mobile home or modular home shall be permitted on any Lot. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall be used as a residence either temporarily or permanently, except for trailers used by Declarant, builders, or contractors during the construction period. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVAI'[ONS (S[LAMROCK GLEN) PAGE 17 Section 6.12 Satellite Dishes and Antennae. Except as approved by the ACC and subject to applicable federal and local laws, no antenna, satellite dish or similar equipment shall be affixed to the exterior of any Structure or otherwise placed on any Lot. In order to minimize the visibility of such devices from other Lots and from the public streets the ACC may regulate the location, size and color of such devices, and may require screening of any antenna, satellite dish or similar equipment to the maximum extent allowed under federal law. Section 6.13 Governmental Requirements. All Structures and other Lot improvements must comply with the requirements of the Plat and with all applicable statutes, ordinances, regulations and government requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply. Section 6.14 Use and Disposal of Hazardous Substances. The Owner of each Lot shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area, public street or other portion of the Property. Section 6.15 Completion of Projects. Any Structures or improvements, including any repairs or replacement thereof, constructed on any Lot shall be completed as to external appearance, including finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a Ionger period may be permitted by the ACC. This period may be extended by the ACC due to inclement weather. Section 6.16 Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise interfere with a mailbox structure. Section 6.17 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.18 Screened Service Areas. Unsightly items must be hidden from view within a Horne or garage or within a fenced or screened area where they will not be seen from any Lot or road. Unsightly items shall include, but shall not be limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the ACC. DECLARATION OF COVENANTS, CONDITIONs, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 18 Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Hoene or Lot, the Owner shall promptly restore and Repair (as defined below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board and a majority of the total votes entitled to be cast by the Owners of the Lots is required to rebuild in accordance with a plan that is different from the original plan or as modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for the Home exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. For all restoration and repair less than Substantial Damage, the Owner must follow the procedures outlined in Article 5. Section 6.20 Driveway Maintenance Easements. Certain Lots may have driveways that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each Lot that has any portion of a driveway within one foot of the common boundary line of an adjacent Lot. The easement shall be for the purpose of maintenance, repair or replacement of the driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement. The benefited Owner must repair any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that immediately before use of the adjoining Lot. Section 6.21 Private Fence Easement. Declarant has or may construct certain rockeries, walls and fences between Homes on adjoining Lots. The intention of the Declarant is that each fence, rockery and wall, when constructed, shall be wholly on one Lot or tract, and immediately adjacent to, but not on, the common property line with any adjoining Lot. Due to obstructions or topography, however, Declarant may not have placed each fence, wall or rockery wholly within a Lot or immediately adjacent to a common property line. Therefore, Declarant reserves an easement for Declarant, one foot wide on each side of each Lot boundary line for the placement of fences, rockeries and walls, and also reserves an easement for Declarant, the Association and each Lot Owner five feet wide on each side of fences, rockeries and walls installed by the Declarant for maintenance as long as the fence, rockery or wall exists. The Association shall have the right to maintain, repair and replace any portion of a fence, rockery or wall located on any part of an Association Maintained Area, and shall have reasonable access over any adjoining Lot for such purposes. The Owners of Lots on each side of a fence, wall or rockery installed by Declarant shall be jointly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Subject to ACC approval, the Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery. Each Owner may, however, paint or stain its side of any fence without the consent of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area, nor the conduct of an Owner in maintaining the land between a fence, wall or rockery on an adjoining Lot or on the common property line shall be construed as modifying the common property line between the two as set out on the Plat. In the event an Owner DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 19 installs a fence, rockery or wall wholly on Owners Lot after obtaining necessary ACC and other approvals, that Owner shall be responsible for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining Lot for such purposes. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a 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 in this Declaration, Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the land and shall be a continuing lien upon the Lot 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 of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by that party. When ownership of a Lot changes, assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section 7.2 Liability for Assessments. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 7. The obligation to pay assessments shall commence as to each Lot after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner other than Declarant. The first annual General Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence against the Lot. No Owner may exempt himself or herself from liability for his assessments by abandoning the Owner's Lot. Section 7.3 Association Budget. The Board shall prepare, or cause the preparation of, and adopt a budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses, including any contribution to reserves. Within thirty days after adoption by the Board of any proposed budget of the Association, the Board shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen nor more than sixty days after delivering a notice of the meeting and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the members shall be continued until such time as the members ratify a subsequent budget proposed by the Board. DECLARATION OF COVENANTS. CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 20 Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an assessment period at least 34 days in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an assessment shall not render such assessment void or invalid. Any failure by the Board, before the expiration of any assessment period, to fix the amount of the General Assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the General Assessment, or any installment thereof, for that or any subsequent assessment period. Section 7.6 Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the assessment period for which each budget was prepared, the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a General Assessment for the assessment period. Section 7.7 Levy of Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to that year only, for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's Special Assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment shall be substituted for the operating budget amount and shall be payable in one or more installments, as determined by the Board. Section 7.8 Levy of Specific Assessments. In addition to the General and Special Assessments authorized by this Article, the Association may levy Specific Assessments against a particular Lot or Lots as follows: (i) the costs of the Association for the maintenance, repair or reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit B, (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this Declaration or the other governing documents, and (iii) the costs, including overhead and administrative costs of providing services to Lots upon request of an Owner pursuant to any menu of special services DECLARATION OF COVENANTS, CONDrr[ONs, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 21 which may be offered by the Association. Special Assessments may be levied either before or after the work is done, in the discretion of the Board. Section 79 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. The Board may require that any assessment or installment thereof which remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 18% of any unpaid assessment which has been delinquent for more than 30 days Section 7.10 Declarant's Option to Fund Budget Deficits. Until assessments have commenced on all Lots, the Declarant may satisfy its obligation for assessments, if any, on Lots that it owns either by paying such assessments in the same manner as any other Owner, or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Section 7.11 Suspension of Voting Rights. The Association shall have the right to suspend the voting rights by any Owner for any period during which any assessment against such Owner's Lot remains unpaid for thirty days or more, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations. Section 7.12 Accounts. Any assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 7.13 Lien. In the event any assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days' prior 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, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A notice of assessment may be recorded in the office where real estate conveyances are recorded for the county in which this property is located. Such notice of assessment may be filed at any time at least 15 days following delivery of the notice of default referred to above in this Section. The lien for payment of such assessment and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a mortgage. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 22 Section 7.14 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 become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.15 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any assessments, a balance sheet and an operating (income/expense) statement for the Association which shall include a schedule of delinquent assessments identified by the number of the Lot and the name of the Lot Owner; provided, however, such documents need not be prepared by a certified public accountant unless requested by the Board or a majority of the Owners. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. Section 7.16 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 assessment and charges or lack thereof secured by the assessments upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee 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 priority as its lien. Section 7.17 Foreclosure of Assessment Lien; Attorneys Fees and Costs. The Board (or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect any assessment. In any action to foreclosure 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, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.18 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of assessment has been filed and recorded 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 to which such notice of assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of twenty-five dollars ($50.00) or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 23 Association prior to such action_ The satisfaction and release of the lien created by the notice of assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose 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 notice of assessment and any efforts to collect the delinquent assessments, including a reasonable sum for attorneys' fees and costs. Section 7.19 Delinquent Assessment Deposit; Working Capital. 7.19.1 A Lot Owner may be required by the Board, from time to time, to make and maintain a deposit up to three months' estimated monthly assessments, which may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve for delinquent assessments. 7.19.2 Resort may be had thereto at any time when such Owner is fifteen days or more delinquent in paying his or her monthly or other assessments and charges. Said deposits shall not be considered as advance payments of regular assessments. In the event the Board should draw upon said deposit as a result of a Lot Owner's delinquency in payment of any assessments, the Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such assessment payment and deposit restoration as provided by this Declaration and by law. 7.19.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore. 7.19.4 The first purchaser of any Lot shall pay to the Association, in addition to other amounts due, an amount equal to three months of monthly assessments as an initial contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction or development of the Property, to pay Declarant's contributions to Association reserves or to make up any deficits in the budget of the Association. Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 24 8. 1.1 Each Member, 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). A claim for damages or injunctive relief, or both, may be filed by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition, the City shall have the right to enforce the provisions of the Plat, and related provisions of this Declaration, relating to the maintenance obligations of the Association as a third party beneficiary, as provided in Section 14.6. 8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative 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. Section 8.3 Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law, although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bond obtained by the Board pursuant to Article 4 or Article 12 hereof. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 25 Section 9.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional 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, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. Article 10. MORTGAGEE PROTECTION Section. 14.1 Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such owner, his successor and assigns. For the purpose of this Article, the terms "Mortgage" and "Mortgagee" shall not mean a real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect to a sale by an individual Lot Owner other than Declarant. Section 14.2 Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this Declaration with respect to any unsatisfied Mortgage duly recorded at the time the amendment is approved unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. Section 14.3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 26 Section 10.4 Copies of Notices. if the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 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 Property, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. ABANDONMENT OF SUBDIVISION STATUS Section 11.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12. Section 11.2 Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Property as approved by the governmental entity having appropriate jurisdiction over the Property. Article 12. AMENDMENT OF DECLARATION OR PLAT Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing and shall set forth the entire amendment. Until the termination of the Class B Control Period, this Declaration may be amended by an instrument executed by Declarant. Thereafter, except as set forth in Section 12.3 of this Declaration, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association. The members' approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent of the requisite percentage of members. The amendment shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Area; insurance or fidelity insurance; responsibility for maintenance and repair; leasing of Lots DECLARATION OF COVENANTS, CONDITIONs, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 27 other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. 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 which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating to the maintenance obligations of the Association set forth in the Plat, as provided in Section 14.6. Section 12.2 Plat. Except as otherwise provided herein, the Plat may be amended by revised versions or revised portions thereof referred to and described as to affect an amendment to the Declaration adopted as provided for in Section 12.1. Copies of any such proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 12.3 Amendments By Declarant. Notwithstanding anything to the contrary contained herein, the Declarant reserves the right to amend this Declaration, the Articles and the Bylaws and the Plat until Declarant no longer owns any Lot in the Property without the consent of any Owners, Mortgagees or other persons claiming an interest in the Property or the Association if such amendment is needed to (i) bring the document into compliance with any rule, regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments; (ii) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of the Lots, Tracts or Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to receive service of process for the Declarant. DECLARATION OF COVENANTS, CONDmoNs, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 28 Article 13. INSURANCE Section 13.1 Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability insurance; fidelity insurance, to the extent reasonably available; worker's compensation insurance, to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft or other causes with such deductible provisions as the Board deems advisable; and such other insurance as the Board deems advisable. The Board may also, in its sole discretion, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers and representatives from personal liability in the management of the Association's affairs. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. Section 13.2 Owners' Insurance. 13.2.1 All Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and as the Board deems advisable. All insurance shall be obtained from insurance carriers that are generally acceptable for similar residential properties and authorized to do business in the state of Washington. All such insurance policies shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to the Association to the extent reasonably available. All Owners shall provide the Association with proof of insurance upon the request of the Association. 13.2.2 The property insurance maintained by each Owner shall, at the minimum, provide all risk or special cause of loss coverage in an amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rule or regulation establish. 13.2.3 The liability insurance coverage maintained by each Owner shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the Lot and such other risks as are customarily covered for similar residential properties with a limit of liability of at least $300,000. DECLARATION OF COVENANTS, CONDITIONs, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 29 13.2.4 Any portion of the Home or Lot for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance. Article 14. MISCELLANEOUS Section 14.1 Notices. 14.1.1 Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 14.1.1.1 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 14.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address): CamWest Development, LLC. 9720 NE 120' Place, Suite 100 Kirkland, Washington 98034 14.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. Section 14.2 Conveyance: Notice Required. The rights of an Owner to sell, transfer or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Section 14.3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) YALE 30 Declarant, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Member. Section 14.4 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. Section 14.5 Mortgagee's Acceptance. 14.5.1 This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee's Mortgage. 14.5.2 Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire Property. Section 14.6 City Rights. The maintenance obligations of the Association, as provided in the Declaration or on the Plat, may not be amended or terminated without the written approval of the City of Renton. The City shall be deemed to be a third party beneficiary of this Declaration, with the full right to enforce all provisions relating to the maintenance obligations of the Association set forth in the Plat. Section 14.7 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 14.8 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property. Section 14.9 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 14.10 Effective Date. The Declaration shall take effect upon recording. [Signature on following page] DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLGN) PAGE 31 IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first herein above written. 100) WO 11102 01 CamWest Development LLC, a Washington limited liability company Eric H. Campbell, President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Eric H. Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the President of CamWest Development, LLC, a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. Dated this day of , 2010. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at My appointment expires DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) PAGE 32 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Shamrock Glen according to the Plat thereof recorded in Volume of Plats, Pages under King County Recording Number DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) EXHIBIT A EXHIBIT B-1 OWNERSHIP AND MAINTENANCE RESPONSIBILITIES This table identifies the various lots, tracts, easements and other within the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and how the maintenance costs are allocated in the Association dues. LOTS, TRACTS OR EASEMENTS PROPERTY OWNER OR EASEMENT BENEFICIARY MAINTAINED BY ASSESSED TO Individual Lots Owner Owner NIA* Public Water Mains King County Water District 90 King County Water District 90 NIA Public Sanitary Sewer, Storm System Easements and Facilities therein City City NIA** Tract A — Open Space Recreation Association Association All Lots*** Tract B — Detention Association Association All Lots*** Tract C — Open Space Association Association All lots*** Tract D — Open SpacefNon-Building Space/Non—BuildingTract Association Association All Lots Landscaping (excluding any entry monument landscaping) located on Lots Owner Owner All Lots Yard Landscaping located on Lots Owner Owner NIA* Private Storm Drainage Easements and facilities therein (See Exhibit B-2 which describes easements shown on the Plat. ) See Exhibit B-2 for Lots Benefited by Easement Owners of Lots Benefitted By Easement (Grantee) NIA**** Signage, Monuments and Landscaping (if any) NIA NIA NIA Items that are to be paid by individual Lot Owners. ** Items paid for by the City. *** Subject to Sections 6.20 and 6.24 of this Declaration. **** Subject to Section 2.8 of this Declaration. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) EXHIBIT B EXHIBIT B-2 PRIVATE STORM DRAINAGE EASEMENTS THE 14 FOOT ORAINAf;E EASEVENT 4V1:R ]UNDER AND ACROSS THE FRONT OF LOTS 3 AMID 4 AS SF14901 HOWON 13 FOR THE BENEFIT OF LOTS 2 THROUGH 5- LOTS 2 THIMUC 15 BALL PE REPONSIBUE FOR THE CO6t OF IUUMTEMAISM AWAINS OR RECONSTRUCTION OF THAT PORTION OF TK DRhINAGE STStem USED IN cawOf 101H 1}E EXCEP11ON THAT (Yfti 2S OF ANY L09KR PARCEL SHALL WT ENt WSFONSULE FOR THE STDIM LANE ABD E THEIR CLN1MIDN. THE 10 FOOT DRA14AOE EASNENT OAR UNdER AND ACROSS THE FRONT OF LI 35 7 THNiNGH 9 A,$ SH0.4w MEK04 IS FOR THE BENUit OF LOTS a THROUGH 11. LOTs s THROV,3H q PIALL SE RESPON1 KE fOk THE DOST OF NAINTERAWX REPAIRS OR AE`D3h TIlUCTI0N OF TkAT PCRT" Or " DRAi A1E SnTEM USED IN C%WON WITH THE DXUnON THAT ONWERS OF ANY LOWER PARCEL SHALL wor 9E REWONS19LE FOR THE STORM UNE ASaIE THEIR MUNEGnON, THE 10 FOOT DRAT NAOIT_ EASICA"T GYM LNCER Alia ACRM THE fACNT OF LOTS 11 AND 12 AS SNRWM W-REON IS rO4 THE 0EIEFIT OF LOTS ID THROiKH 12. LOTS ID 111ROUGH 12 SHALL RE RESF�ELE FOR THE GOMT OF MANNTENAWE, REPAIR3 OR n00W$M ICr*4 OF TWIT F4RnoN or THE MAINACE SYSTEM USED NN COMON WITH THE DXXPTION THAT OnINERS OF ANY Lom PARC£L SHALL NOT BE RESPONS10LE FOR THE STORM UNE APOW THEIR COMNECTIOR. THE 10 F0011 04MAJOE EAS'AENT GYM UNDER AND ACROSS EASTERLY P00IONS OF LOTS b 114ROUCH Id, EASMLY AND SOUTHERLY PORTKNIS OF LOT 0 AM TRACT A AS SMW HEIWON IS FCR THE EENMT OF LATS 3 THRFi M 4. LOTS 5 THROUCH 4 SHALL K WSPONSHLE FOR TYE COST OF MAINTENANCE. REPAIRS OR RECONSTAUC71ION OF THAT P(IRT*09 OF THE (RAA N&GE 575TEm USEn :N (:OMNO.Y WITH THE 9XW710N THAT OWNERS OF ANY 40)KR PARM SMALL NOT BE RESESN3EU FM THE STM LINE A6001 THOR CO MECTIOW DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (SHAMROCK GLEN) EXHIBIT B RESOLUTION IN LIEU OF THE ANNUAL SPECIAL MEETING (7P�'_ '+ s SOLE SHAREHOLDER AND DIRECTOR OF CAM EST DEVELOPMENT, INC. The undersigned, being the sole shareholder and director of CamWest Development, Inc., a Washington corporation, in lieu of the annual meeting ofthe sole shareholder and director of the corporation, hereby adopts the following on behalf of the corporation: 1. The following are elected to serve as the Directors of the corporation until the next annual meeting of the corporation, or until their successors are elected: Eric H. Campbell 2. The following are elected to serve as the officers of the corporation until the next annual meeting of the corporation, or until their successors are elected: Eric H. Campbell President Kelly J. Price Chief Financial Officer and Secretary Bruce Knowlton Vice President for Development Allen B. Dykes Vice President for Operations Ralph H. Hickman Vice President for Finance 3. The corporation hereby adopts and ratifies the acts of the Board of Directors and the Officers for actions taken since the Special Resolution in Lieu of the Annual Meeting of the Shareholders and Directors, dated February 16, 2004. DATED this 15th day of February 2006. CAMWEST DEVELOPMENT, INC. Eric H. Camp ll, Sole Shareholder and Director PLANNING DIVISION WAIVEk OF SUBMITTAL REQUIRF-MENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3_ Building Section 4_ Planning Section PROJECT NAME: DATE: 12D Q:WVEMPMDEVSERVTormslPlannin94aiverofsubmittalregsAs 02108 PLANNING DIVISION WAIVE1. JF SUBMITTAL REQUIR_0ENTS FOR LAND USE APPLICATIONS Applicant Agreement Statement 2 AND,3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: k`( �r/ /Ij Ipp DATE: �/ 2% // U 0:1WEBIPMDEVSERVAFormslPlanninglwaiverofsubmitlalregs.xls 02108 King County SEPA Checklist A. BACKGROUND 1. Name ofproposed project, if applicable: Martin Property 2. Name of applicant: CamWest Development, Inc. 3. Address and phone number of applicant and contact person: CamWest Development, Inc. 9720 NE 120" PL, Suite 100 Kirkland, WA 98034 Sara Slatten, (425) 825-1955 4. Date checklist prepared: September 27, 2004 S. Agency requesting checklist.- King hecklist: King County DDES 6. Proposed timing or schedule (including phasing, if applicable): Infrastructure Construction: Spring 2007 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? (f yes, explain) No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Please refer to the wetland delineation by C. Gary Schulz dated September 26, 2005 and the Soils Report by Associated Earth Sciences "AESI" dated January 27, 2005 9.Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known 10. List any government approvals or permits that will be needed for your proposal, if known. Required Approvals: Preliminary Plat, Site Development Permit, Final Plat Approval, Individual Building Permit Approvals. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. SEPA CHECKLIST PAGE lof 10 The Martin Property is a 3.71 acre site that is proposed to be developed into 13 single- family lots. The proposal also includes preservation of a wetland, a storm detention pond facility and an on site park totaling just over 9,000 square feet. 12. Location of the proposal. Give sufficient information for a person to understand the precise location ofyour proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site (s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Martin property is Iocated at 12439148t" Avenue SE. Site map, topography map, legal descriptions, and parcel I.D. numbers are all included as part of the enclosed submittal. B. ENVIRONMENTAL ELEMENTS 1. EARTH A. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other The site ranges from flat to rolling. B. What is the steepest slope on the site (approximate percent slope)? Describe location and areas of different topography. The steepest slope on site is approximately 10-15% C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, and mulch)? Ifyou know the classification of agricultural soils, sped them and note any prime farmland. Please refer to the enclosed soils report from AESI, dated January 27, 2005 for specific soil types and classification, D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not Known E. Describe the purpose, type, location and approximate quantities of any filling or grading proposed. Indicate source offill. The site will eventually be graded to provide roads, driveways, building pads, and yards for 13 single-family homes. Some outside structural fill may need to be brought onto the site. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion can occur. However, the King County Surface Water Control manual will be followed to in order to minimize actual erosion. As needed, filter fence, hydroseeding, and other King County approved erosion control measures will be implemented on site to address potential erosion issues. SEPA CHECKLIST PAGE 2of 10 G. About what percentage of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 55% H. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Filter fence, temporary ponds, hydroseed, straw bales, and other temporary erosion control measures will be utilized in accordance with King County development standards. 2. AYR A. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed: If any, generally describe and give approximate quantities if known. Dust, diesel and gasoline emissions during construction. Natural gas emissions from fireplaces will increase after home construction due to this proposal, B. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known C. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction vehicles will be in proper working order to minimize emissions. A. Surface 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type, location and provide names. If appropriate, state what stream or river it flows into. A category IV wetland is located on the property. Please refer the enclosed wetland report from Gary Schulz dated September 26, 2005 for further detail. Also, off-site wetlands are Iocated on the adjacent Shamrock Heights project. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters: If yes, please describe and attach available plans. Work will occur outside of the wetland and associated buffer areas. N/A N/A 3. Estimate the amount offill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source offill material. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 5. Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. SEPA CHECKLIST PAGE 3of 10 No No No N/A 6. Does the proposal involve any discharge of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. B. Ground Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. 2. Describe waste material that will he discharged into the ground from septic tanks or other sources, ifany (for example: Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc) Describe the general size of the system, the number ofsuch systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. C. Water Runoff (including storm water): Describe the sources) ofrunoff (including storm water) and method of collection, transport/conveyance, and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Surface run-off from the site will be routed to an on site storm detention pond, located within a tracts within the SW portion of the site. The water will be collected, stored, and then discharged to existing pipes within the adjacent Shamrock plat. Storm water detention facilities will be designed and constructed to meet King County codes, regulations, and guidelines. Please refer to our Level 1 Analysis prepared by Triad Associates and the Preliminary Plat by Triad for additional storm information. 2. Could waste materials enter ground or surface waters? If so, generally describe. Oil from automobiles could enter the storm system. D. Proposed measures to reduce or control surface, ground, and runoff water impacts if any: Storm detention will be designed to meet or exceed the requirements, codes, and guidelines set forth by King County's Development Standards. 4. PLANTS A. Check or circle types of vegetation found on the site: deciduous tree: alder, cottonwood, maple, aspen, other: evergreen tree: fir, cedar, pine, other: Alder shrubs: grass: crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation (Please list) The site is predominately pasture land. Please refer to the wetland report by Gary Schulz for a detailed list of plants and trees present on site, SEPA CHECKLIST PAGE 4of 10 B. What kind and amount of vegetation will he removed or altered? Trees and shrubs will be removed for development of streets, utilities and building sites. C. List threatened or endangered species known to be on or near the site. None known D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Street trees will be installed within the property, landscaping installed within the park and detention area and trees will be added to the wetland & buffer. Lot landscaping will be installed once the homes are constructed. 5. ANIMALS A. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish salmon, trout, herring, shellfish, other: B. List any threatened or endangered species known to be on or near the site. None known D. Is the site part of a migration route: If so, explain. Not known E. Proposed measure to preserve or enhance wildlife, if any: Trees and landscaping will be installed within the plat and wetland & buffer G. ENERGY AND NATURAL RESOURCES A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will he used to meet the completed project's energy needs: Describe whether it will he used for heating, manufacturing, etc. Electricity for lighting and natural gas for heating. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not aware of any effects. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Construction will meet all codes, requirements, and guidelines that pertain to site development and single-family home construction per King County Standards. 7. ENVIRONMENTAL HEALTH SEPA CHECKLIST PAGE Sof 10 A. Are there any environmental health hazards, including exposure to toxic chemicals, risk or fare and explosion, spill, or hazardous waste, that could occur as a result of this proposal? Ifso, describe. The potential for a house fire is always a possibility. 1. Describe special emergency services that might be required. Normal fire, medical, and police emergency services. 2. Proposed measures to reduce or control environmental health hazards, if any: All construction and development to meet or exceed local codes, requirements, and guidelines. B. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic equipment, operation, other)? Traffic noise from adjacent roadways may affect the project. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise may be created by construction equipment and automobiles. Long-term noise may be created by automobiles. 3. Proposed measures to reduce or control noise impacts, if any: Short-term measures include keeping all machinery in proper working order and on site work is to occur only. within approved operating hours as determined by King County. S. LAND AND SHORELINE USE A. What is the current use of the site and adjacent properties? The property contains one single family home and is primarily pasture land for horses and barn animals. B. Has the site been used far agriculture? Ifso, describe. Not known C. Describe any structures on the site. One single family home and an outbuilding which will be removed. D. Will any structures be demolished? Ifso, what? All structures will be either removed or demolished. R-4 F. What is the current zoning classification of the site? F. What is the current comprehensive plan designation of the site? Urban Medium G. If applicable, what is the current shoreline master program designation of the site? SEPA CHECKLIST PAGE 6of 10 NIA H. Has any part of the site been classified as an "environmentally sensitive " area? If so, specify. (If unsure check with City) Yes, one category IV wetland I. Approximately how many people would reside or work in the completed project. Approximately 33 people would reside at the Federal Way Property based on 2.5 residents per unit and 13 single family residences. NIA J. Proposed measures to avoid or reduce displacement impacts, if any: K. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The site will be developed to meet King County's zoning, comprehensive plan designation, and building code to ensure compliance with the surrounding community. A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 13 middle income residences. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. One middle income single-family home. C. Proposed measures to reduce or control housing impacts, if any: Conformance to King County guidelines. 10. AESTHETICS A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material (s) proposed? Approximately 30 feet tall structures with a combination of siding, cedar shakes, brick & stone accents. B. What views in the immediate vicinity would be altered or obstructed? No obstructions known. C. Proposed measures to reduce or control aesthetic impacts, if any: Homes. will feature architectural elements such as front porches, pitched roofs, and craftsman elevations and will avoid repetition of the same exterior. Street trees and landscaping will be planted throughout the site. SEPA CHECKLIST PAGE 7of 10 11. LIGHT AND GLARE A. What type of light or glare will the proposal produce: What time of day or night would it mainly occur: Street lighting and house lighting will be constructed per King County standards. B. Could light or glare from the finished project be a safety hazard or interfere with views: Not aware of any potential interference or hazard. C. What existing off-site sources of light or glare may affect your proposal? None known D. Proposed measures to reduce or control light and glare impacts, if any: Street lighting and house lighting will be constructed per King County standards. 12. RECREATION A. What designated and informal recreational opportunities are in the immediate vicinity? No known public parks are located within the immediate vicinity. No B. Would the proposed project displace any existing recreational uses? If so, describe. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: An. on site park will be provided as part of this proposal in accordance with Kin County standards. 13. HISTORIC AND CULTURAL PRESERVATION A. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to he on or next to the site? If so, generally describe. None known B. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known C. Proposed measures to reduce or control impacts, if any: N/A 14. TRANSPORTATION A. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. SEPA CHECKLIST PAGE Sof 10 Direct access will be obtained from within the adjacent Shamrock property plat and will eventually be routed to 148th Ave SE to the east or to NE 4th Street to the south. B. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop. Yes, transit is located to the south along NE 4th street C How many parking spaces would the completed project have: How many would the project eliminate? Each residence will have parking available with their driveway and attached garage. No parking spaces will be eliminated. D. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? Is so, generally describe (indicate whether public or private) Additional streets will need to be constructed within the proposed plat. Please refer to the attached site plan. No E. Will theproject use (or occur in the immediate vicinity ojj water, rail, or air transportation? IF so, generally describe: F. How many weekday vehicular trips (one way) per day would be generated by the completed project? Less than 20 PM peak trips to any given intersection. G. Proposed measures to reduce or control transportation impacts, if any: Payment of traffic impact fees in accordance with King County ordinances. 15. PUBLIC SERVICES A. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Police, Fire, Ambulance B. Proposed measures to reduce or control direct impacts on public services, if any. Impact fees may be imposed on the project as required by King County. 16. UTILITIES A. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. B. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water & Sewer are provided by the Lakehaven Utility District. Telephone provided by Verizon. Electricity and gas provided by Puget Sound Energy. SEPA CHECKLIST PAGE Sof 10 C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand. that the lead agency is relying on them to make its decision. Signature: �0� YUAL�� Date Submitted: q �2l ~ [/ ej Relationship to signer to project: SEPA CHECKLIST PAGE 10of 10 September 27, 2010 Rochelle Timmons City of Renton Development Services Division 1055 S Grady Way, 6th Floor Renton, WA 98058 Re: Martin Plat — Conformation of Compliance with all Conditions of Plat Approval City of Renton CD No. R339206 Dear Rochelle: This letter states how the conditions of preliminary plat approval adopted by the King County Hearing Examiner have been complied with for the Martin Plat. A copy.of the Hearing Examiner's Report and Decision is included as Attachment "A" to this letter. The numbered items below are responses to the conditions of approval as they are numbered in the Report and Decision. Also, a three copies of the preliminary plat map as presented at the public hearing are attached. 1. All platting provisions of Title 19A of the King County Code have been complied with. 2. All persons having an ownership interest in the property are identified on the final plat. Signatures will be obtained when the City requests the final plat mylars. 3. The project received preliminary plat approval from the King County Hearing Examiner prior to annexation to the City of Renton. As such, the'project is subject to King County density and dimensional requirements. King County dimensional requirements for the R-4 zone are contained within KCC 21A.12.030 are included as Attachment "B". The plat complies with these requirements. The property owners of tax parcels 102305-9038 and 102305-9341 abutting the east boundary of the site have filed a quiet title action to retain property where an occupation currently exists. CamWest is not contesting that action and will be filing a stipulated judgment Rochelle Timmons September 27, 2010 Page 2 within the next couple of weeks to complete the quiet title action. Our in-house legal counsel has indicated that this will not be a time-consuming process. We understand that the plat cannot be recorded until this process is complete. 4. This is a standard condition and, if required by the City of Renton, we will obtain final approval from the King County Health Department when the sewer infrastructure is completed. 5. The project has been designed in accordance with the King County Road standards and subsequently approved by the City of Renton. 6. The engineering plans were reviewed and approved by the King County Fire Marshall and the City of Renton Fire Department as well. A copy of the stamped, approved plans are included with this submittal. With respect to removal of the sprinkling requirement, the cul-de-sac road within the project is 28 feet wide and parking will be restricted to one side of the roadway. 7. Storm Drainage Storm drainage provisions set forth in the King County Code have been complied with and the engineering plans have been approved. 8. Access/Roads a. Road A has been designed to King County urban minor access . street standards and is 28 feet in width. b. NE 5'h Place (formerly SE 125th Street) has been designed as a full width urban subaccess width and will extend between Lyons Place NE (formerly 146t` Place SE) and Kitsap Avenue NE (formerly 145 ' Place SE).The necessary additional right-of-way has been provided. c. Any rights the Martin property has within the existing easement that is located just offsite and abutting the north boundary line of the project will be extinguished at the time of recording the final plat. d. Street trees are included in the design of the road improvements. A copy of the street tree plan is included with this submittal. e. N/A. 9. Direct vehicular access to Nile Avenue NE (formerly 148t` Avenue SE) is prohibited. Please refer to the second to last Restriction on Sheet 2 of the final plat. Rochelle Timmons September 27, 2010 Page 3 10. Offsite access to the plat is over existing full -width dedicated and improved roads located within the existing Shamrock Heights plat. 11. (Deleted) Mitigation/Impact Fees 12. Traffic impact fees will be paid at the time of building permit. 13. 50% of the school district impact fee will be paid at the time of final plat and 50% will be paid at the time of building permit. Recreation Area 14. A recreation space plan has been reviewed and approved by King County DDES is included with this submittal. Other 15. Draft Conditions Covenants and Restrictions for the community are included with this submittal. 16. A tree retention plan is attached. 17. Street trees are provided at a spacing of one tree for every 40 feet of frontage along all roads. Please refer to the landscape plan included with this submittal. SEPA 18. The traffic signal and eastbound and westbound turn lanes have been installed at the SR 900/148' Avenue SE intersection. Both King County - and WSDOT have authorized release of bonds that are associated with this work. Please refer to the attached letters from WSDOT and e-mail from Jeff Pray of King County. If you have any questions, feel free to contact me at (425) 825-1955 ext. 142. Sincerely, Bruce Knowlton Vice President for D�velopmcnt =0 A1w Washington State Department of Transportation Paula J. Hammond, A.E. Secretary of Transportation October 27, 2008 Mr. Monte Dunn CanWest & KBS Development, Inc. /Norris Homes 9720 NE 120" Pl., Suite 100 Kirkland, WA 98034 Re: SR --900 MP 15.05 `Plat of Stoneridge' Final Acceptance WSDOT Developer, Agreement No. UC4199 Dear Monte: Northwest Region 15700 Dayton Avenue North P 0 Box 330310 Seattle WA 98133-9710 206.440-4000 TTY; 1-800-833-6388 WWW wsdct wa-gov We have completed our final punch inspections for this project and found field items completed We have also received the balance of the As -Built plans for this project Therefore WSDOT considers this project finally completed and accepted We will close your JA account with WSDOT, however we ask that you pay the balance of your .1Ainvoices when they are sent to you, %There will be some charges to this account up to the date of this letter, but none after that. WSDOT authorizes the release of your bond, No. 5747355, with Developers Surety and Indemnity Company for $815,034.00 If you have any questions, please contact our inspector Ed Gixaud at (206) 440-4709, (206) 940-2737 {cellular} or gir•aude(@wsdot.wa^Qov. Thank you. S i rely,. Ramrn Pazooki Local Agency and Development Services Manager RAleg Cc: Felix Palisoc, Kang .Area Developer Services/Local Agencies Engineer Marls Harston, WSDOT Electrical Inspection Gary Ward, WSDOT Area 41VMaintenance Supt, Brandy Rettig, King County Dept.. of Transportation SR900StR.dgAccp.doc r u. i:::Tr i'. cl•3;fi'r: '�'.., .� _ is T :i �� From, Pray, Jeff[mailto:leff.Pray@kingcounty.gov] Sent; Tuesday, September 14, 2010 8:31 AM To. Monte Dunn Subject: SR900 Hi Monte, Congratulations? I am signing off the SR900 site inspection activity this morning. Its been a bumpy but interesting ride. I spoke to Jan Illian at Renton yesterday about the status of your performance bond over there. As you probably know, a small sliver of Renton ROW exists in the SW quadrant of the intersection, but I don't know if they're concerned enough to hold up your bond release. Please check with them. I connected with Doug Dobkins this morning to let him know I am signing off. Ultimately, the grading section would be the ones to close out the parent grading permit L05CG150. If you have any questions about that, check with Doug_ See you in the future if this industry ever turns around .teff 9/24/2010 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: bearex@metroke.gov REPORT AND DECISION Apr -fl 3, 2007 SUBJECT: Department of Development and Environmental Services File No. L05P0019 Proposed Ordinance no. 2007-0082 MARTIN Preliminary PIat Application Location: 120 feet west of 148th Avenue Southeast, 100 feet south of Southeast 125th Street and 100 feet north of Northeast 5th Street, Renton Applicant: CamWest Real Estate Dev., Inc. represented by Robert Johns, Attorney Johns.Monroe Mitsunaga 1601 - 114th Ave. SE, # 110 Bellevue, Washington 98004 Telephone: (425) 467-9960 Facsimile: (425) 451-2818 King County: Department of Development and Environmental Services (DDES) represented by Karen Scharer 9.00 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Telephone: (206) 296.7114 Facsimile: (206) 296-7051 SUMMARY OF RECOMMENDATIONS/DECISION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Approve, subject to conditions Approve, subject to conditions (modified) Approve, subject to conditions (modified) Hearing Opened: March 22, 2007 Hearing Closed: March 22, 2007 U5P0019 - Martin Page 2 of 13 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner, ISSUES AND TOPICS ADDRESSED: Access • Surface water drainage Y Property ownership and encroachments SUMMARY: The proposed subdivision of 3.71 acres into 31 lots in the urban area is approved subject to conditions. FINDINGS, CONCLUSIONS & DECISION. Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Developer: Camwest Real Estate Development, Inc. 9720 NE 120'h Place, Suite 100 Kirkland, WA 98034 Contact: Sara Slatten 4257825-1955 Engineer: Triad Associates 12112 115'' Ave NE Kirkland, WA 98034 Contact: Gerry Buck 425-821-8448 STR: Location: Parcel: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal Water Supply: Fire District: School District: 10-23-05 120 feet west of 148'` Ave SE, 100 feet south of SE 125h St., and 100 feet north of NE 5t" St. (Renton) 102305 9383 R-4 3.71 acres 13 Approximately 3.5 units per acre 6,700 — 7,600 square feet in size Single Family Detached Dwellings City of Renton. Water District # 90 City of Renton Issaquah School District Complete Application Date: October 26, 2005 Page 3 of 13 L05P0019 - M artin 2. Except as modified herein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the March 22, 2007, public hearing are found to be correct and are incorporated herein by this reference. The LUSD staff recommends approval of the application, subject to conditions. This proposed subdivision is south and east of the plat of Shamrock. Access to this subdivision will be from 148th Avenue Southeast, through the north portion of Shamrock, and from Northeast 4th Street, through the south portion of Shamrock. This plat will participate in funding a traffic signal and associated improvements being constructed at the intersection of SR 900 and 148th Avenue Southeast, to mitigate its adverse impacts to that intersection and the intersection of 164th Avenue Southeast and SR 900. This subdivision will also construct road frontage and off-site improvements along Southeast 125th Street, west from the project entrance, to connect with 144th Place Southeast, to provide access to the south. These improvements are planned to be constructed partly on right-of-way dedicated to King County by the recorded plat of Shamrock. The adjacent property owner claims an interest in a portion of the Southeast 125th Street right-of-way dedicated by Shamrock. However, King County does not recognize that interest as impairing the right-of-way dedication. In the event it is determined through legal proceedings that the property to the west is not available as dedicated right-of-way, the access to the Martin plat from the north would be sufficient to serve this development without an alternative access to the west and south. 4. The Martin property slopes down from east to west. No surface water runoff from the planned development of the Martin property will flow onto the adjacent properties to the east. 5. There will be no access to any of the lots within the proposed subdivision directly frorn 148th Avenue Southeast. The strip of land approximately 120 feet by 15 feet, that is shown as a panhandle of proposed lot 5, will be segregated from lot 5 and established as a separate tract. 6. All students residing within the subject property will be bussed to the elementary, junior high and high schools that serve the area. The bus stop that is proposed to serve students within this plat will be located at Southeast 124th Street and 148th Avenue Southeast. With the construction of urban improvements within this subdivision, safe walking conditions will exist from all lots within this plat to the bus stop. Improvements necessary to be made on 148th Avenue Southeast to provide for a safe bus loading zone will be constructed by other developments that are required to slake improvements to 148th Avenue Southeast. The subject property has no frontage on 148th Avenue Southeast, other than the 15 foot wide "panhandle" tract that is used for a driveway to an adjacent property owner's garage. CONCLUSIONS: If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and objectives of the King County Comprehensive Plan, subdivision and zoning codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare, and for open spaces, L 05POO19 - Martin Page 4 of 13 drainage ways, streets, other public ways, transit stops, potable water supply, sanitary waste, parks and recreation, playgrounds, schools and school grounds and safe walking conditions for students who only walk to school; and it will serve the public use and interest. 3. The conditions for final plat approval recommended below are in the public interest and are reasonable and proportionate requirements necessary to mitigate the impacts of the development upon the environment. 4. The dedications of land or easements within and adjacent to the revised preliminary plat, as required for final plat approval or as shown on the proposed preliminary plat submitted by the Applicant on April 21, 2006, are reasonable and.necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. 5. The applicant has agreed to provide off site improvements on the alignment of Southeast 125th Street, between the plat entrance road and 144th Place Southeast, in order to provide improved access to future residents of the subdivision, as well as the residents of the adjacent plat of Shamrock to the north and west of the subject property. In the event dedicated right-of-way is not available to complete those improvements, access to the north only will be sufficient to adequately serve the proposed subdivision. 6_ The proposed plat of Martin will have no adverse impact upon surface water drainage that affects, or will affect, the adjacent properties lying between the Martin plat and 148th Avenue Southeast. DECISION: The proposed preliminary plat of Martin, as revised and received on April 21, 2006, is approved, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of Title 19A of the King County Code. 2_ All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R4 zone classification. All lots shall meet the minimum dimensional requirements of the R4 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial ehanges may be approved at the discretion of the Department of Development and Environment Services. All plat boundary discrepancies shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. 4. The applicant must obtain final approval from the King County Health Department. Page S of 13 L.OSPOo19 - Martin e done in rdance with S_ All construction and upgrading established ulic and private roads shalt and adapted by Ordinance No 11187, as amended- (1993 mended the King County Road Standard (1993 KCRS). 6. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. All future residences constructed within this subdivision are required to be sprinklered (NFPA 13D) unless the requirement is removed by the King County Fire Marshal or his/her designee. The Fire Code requires all portions of the exterior walls of structures to be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 28 feet in width when parking is allowed on one side of the roadway, and a minimum of 36 feet in width when parking is permitted on both sides. The road width requirement applies to both on-site access and roads accessing the subdivision_ Storm Drainage 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual. DDES approval of the drainage and roadway plans is required prior to any construction. b. Standard plan notes and a construction sequence as specified in the King County drainage manual shall be shown on the engineering plans (Reference Section 7B). c. A storm water pollution prevention and spill (SWPPS) plan shall be included with the project engineering plans as required in Chapter 2 of the drainage manual. d. Storm water facilities shall be designed using the KCRTS conservation flow control standard. Water quality facilities shall also be provided using the basic water quality protection menu. If the proposed onsite storm water pond is used as a wet pond for water quality treatment, the facility shall be revised as necessary to comply with requirements for a 3:1 flow path for water quality treatment as outlined in the drainage manual. e. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards_ The requirements for best management practices are outlined in Chapter 5 of the drainage manual. The design engineer shall address the applicable requirements on the final engineering plans and L05P0019 - Martin Page 6 of 13 provide all -necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. All runoff control facilities shall be located in a separate tract and dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. g. During preliminary review, the applicant received approval for a drainage adjustment (L06V0043) regarding the building setbacks for constructing an offsite drainage pipe within the adjacent plat of Shamrock_ The final. engineering plans shall show the design requirements for constructing the offsite pipe and demonstrate compliance with all conditions of approval as listed in the drainage adjustment decision. To assure adequate capacity is provided for conveyance of storm water from the onsite detention pond, the overflow system and conveyance pipe shall be designed at a minimum for the 100year storm based upon developed site conditions. h. As depicted by field topography on the site plans, an upstream drainage basin is located east of the subject property. The final engineering plans shall be designed to address any requirements for bypass of upstream drainage as described on page 142 in the drainage manual. Due to groundwater conditions on the site, the design engineer shall also evaluate the need for interceptor trenches and easements for conveyance of drainage. As shown in applicants drainage report site map, an existing french drain is located in the eastern portion of the site which should be removed or relocated. Based upon the final designs, drainage easements may be required to convey surface or ground water through the project. i. As shown on the applicant's preliminary site plans, the existing storm system located near the west property line shall be removed during site construction. The existing pipes and catch basins shall be shown on the final engineering plans with applicable notes and/or design requirements for removal. Access/Roads 8. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved as an urban minor access street. b. The frontage road (SE 125"` St) along Tract A shall be improved full width as an urban subaccess street and shall extend westerly from the project entrance at 146"' Ave SE to 144'h Place within the Shamrock plat. Sixteen feet of additional right-of-way shall be dedicated for completion of the road improvements. A temporary cul-de-sac located on Iots 38 and 39 within the Sha=ock plat shall be removed upon completing the road connection. Design standards for removing a temporary cul-de-sac are provided in KCRS 2.08D. In the event off site right-of-way is not available to construct improvements to connect with 144th Place Southeast, Southeast 125th Street shall be improved in the manner stated above to the west boundary of the Martin plat. A L05POO19 - Martin Page 7 of 13 temporary cul-de-sac or other provision for emergency vehicle turn around may be required by the King County Fire Marshal. c. As shown on the preliminary plat map, an existing easement for ingress and egress is located along the north boundary of the plat and extends easterly to 148"' Ave SE. Any rights of direct vehicular access to 148th Avenue Southeast granted to the Martin property by this easement shall be extinguished prior to or concurrent with final plat recording. d. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. e. Modifications to the road standards shown above may be considered by King County pursuant to the variance procedures in KCRS 1.08. f. (Deleted) 9. There shall be no direct vehicular access between this plat and 148' Ave SE, except for the existing driveway that serves the abutting property from the 15 foot wide "panhandle" tract. A note to this effect shall appear on the engineering plans and the final plat. lo. off-site access to the subdivision shall be over a full -width, dedicated and improved road which has been accepted by King County for maintenance. if the proposedaccess road has not been accepted by King County at the time of recording, then said road shall be fully bonded by the applicant of this subdivision. 11. (Deleted) Mitigation/impact Fees 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS .fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." if the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 13. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development.. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. L05P0019 - Martin Recreational Area Page 8 of 13 14. The plat shall provide suitable recreation space consistent with the requirements of K.C_C_ 2IA. 14.180 and K.C.C. 24A. 14.190 (i.e., children's play equipment, sport court[s], picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES prior to or concurrent with the submittal of engineering plats_ b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Other 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 16. To implement K.C.C. 16.82 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of K.C.C. 16.82, as well as the conceptual tree retention plan (dated April 21, 2006). No clearing of the subject.property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 16.82 The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 16.82. 17. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 2IA. 16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing maybe modified to accommodate sight distance requirements for driveways and intersections. b_ Trees shall be located within the street right -0f --way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Page 9 of 13 Lo5PQ419 - Martin e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines_ f, The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. h. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. SEPA 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval_ 1.} To mitigate the significant adverse impact the plat of Martin will have on the intersections of SR 9041148'h Ave SE and SR 900/164' Ave SE, the applicant shall install, either individually or in conjunction with other development projects in this area, the following improvements at the SR 900/148'' Ave intersection: • A traffic signal, and • Eastbound and westbound left turn lanes The design for the SR 900/148` Ave intersection improvements shall be approved by the Washington State Department of Transportation (and by King County to the extent such improvements are located in County right-of-way). In addition, at a minimum, the existing entering sight distance looking east for the north and south legs of the intersection (602 feet and 386 feet, respectively) shall not be reduced as part of the intersection improvements. Documentation shall be submitted to show this requirement is met. All construction work associated with the intersection improvements shall be completed between April 151 and September 30"'. This seasonal restriction shall be clearly shown on the final engineering an In lieu of the installation of the above -noted intersection improvements prior to final plat approval, the applicant may post a financial guarantee with WSDOT which assures the installation of these improvements within two years of the recording of Martin. ,In this event, intersection improvement design must be approved by WSDOT prior to King County approval of the engineering plans for Martin. If the above -noted intersection improvements have already been made by others prior to the recording of Martin, or a financial guarantee has been posted by others which assures the L05P0019 - Ma tin Page 10 of 13 installation of these improvements, then the applicant for Martin shall pay a pro -rata share dollar amount to the developer who has made the improvements or "bonded" for the improvements, in an amount proportional to the impacts of Martin. The pro -rata share dollar aYnount to be paid shall be set by WSDOT, and documentation shall be provided by the Martin applicant to the King County Land Use Services Division to show this payment has been made, prior to final plat recording. The pro -rata dollar amount to be paid shall be based on the following: The final Martin Iot count The trip distribution. for Martin The total trips contributed to the intersection of SR 900.148' Ave by the plats of Aster Park (LOOP0024), Stone Ridge (L99P3008), East Renton (L02P0005), Shamrock (1-021`0014), Rosemonte (aka Ironwood -- L03POO 18), Martin (L05POQ19) and any future land use applications submitted to King County for which compliance with the King County Intersection Standards (KCC 14.80) is required at either the SR 9001148'' Ave intersection, or the SR 9001164a' Ave High Accident Location. In the event that either King County or WSDOT adopts a formal "latecomer's" system prior to final plat recording, that system may be followed in lieu of the approach described above, at the discretion of the applicant, as long as at a ;minimum there is a financial guarantee which assures the above -noted intersection improvements will be installed within two years of the date of recording of the plat of Martin. [Comprehensive Plan Policy T-303 and King County Code 21 A.28.060A] 2.) Documentation shall be provided to demonstrate to the satisfaction of WSDOT that stopping sight distance (3 60 feet) is available on the east leg of the SR 900/148`h Ave intersection. The intersection shall be modified by the applicant, if necessary, so that this stopping sight distance requirement is met on the east leg. In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148"' Ave., to maximize the entering sight distance for the north and south Iegs of the intersection. [Comprehensive Plan Policy T-303 and Ding County Comprehensive Policy T-303 and King County Code 21A.28.060A] ORDERED this 3rd day of April, 2007. r ame N. O'Connor in County Hearing Examiner pro tem TRANSMITTED this 31d day of April, 2007, to the parties and interested persons of record: Safit Basic 12601 - 148th Ave. SE Renton WA 98059 Joel Delange 12438 - 148th Ave. SE Renton WA 98059 Keith & Cathy Gilbert 12609 148th Ave. SE Renton WA 98059 Robert D. Johns Andy T. Phung Christi Schumann Johns Monroe Mitsunaga 9333 - 57th Ave. W 12502 - 145th Pl. SE 1601 - 114th Ave. SE, # 110 Mukilteo WA 98275 Renton WA 98059 Bellevue WA 98004 page ] i of 13 Le5poo19 - Martin Seattle KC Health Dept. Sara Slatten Triad Associates 12112 - 115th Ave. NE E. Dist. Environ. Health Camwest Development 9720 NE 120th PI #100 Kirkland WA 98034 14350 SE Eastgate Way Kirkland WA 98034 Bellevue WA 95007 Kim Claussen Lisa Dinsmore Peter Dye DDESILUSD DDESILUSD DDESILUSD MS OAK -DE -0100 MS OAK -DE -0100 MS OAK -DE -0100 Nick Gillen Shirley Goll Ray Florent DDESILUSD DDESILUSD DDESILUSD MS OAK -DE -0100 MS OAK -DE -0100 MS OAK -DE -0100 Kristen Langley Karen Scharer Steve Townsend DDESILUSD DDESILUSD DDESILUSD MS OAK -DE -0100 MS OAK -DE -0100 MS OAK -DE -0100 Larry West Kelly Whiting KC DOT, Rd. Srvcs. Div. DDESILUSD MS OAK -DE -0100 MS KSC-TR-0231 NOTICE OF RIGHT .TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before April 17, 2007. If a notice of appeal is filed, the original and six (b) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Councilmayno or April 24, be presented on app cents may refer only to facts contained in the hearing record; new facts Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3" Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specifiosito at meet which event the filingrequaemenry eliveprior to the close of business on the next business day is sufficient If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. 1_05Po019 -Martin Page 12 of 13 MINUTES OF THE MARCH 22, 2007, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL, SERVICES FILE NO. L05P0019. James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Karen Scharer, Pete Dye, Kristen Langley and Ray Florent representing the Department; Robert Johns representing the Applicant, and Andy Phung and Safet Basic. The following Exhibits were offered and entered into the record: Exhibit No. 1 DDES file no. L05POO 19 Exhibit No. 2 DDES March 22, 2007, preliminary report for file no. L05P0019, with attachments as Exhibit No. 7 Revised Site plan (13 lot preliminary plat map) received 4/21/2006 Exhibit No. 8 Assessor's maps (2) - SE 10-23-05 & SW 11-23-05 Exhibit No. 9 Level I Downstream Analysis by Triad Associates, date received 9/28/2005 Exhibit No. 10 Traffic Impact Analysis by Transportation Engineering NorthWest , received 4/21/2006 Exhibit No. 11 Request for School Information Form from Issaquah School District, received 11/12/2005 Exhibit No. 12 Email from Sara Slatten to Noreen Anderson dated 416/2005, with 14 pages of attachments Exhibit No. 13 Vicinity Map for L05P0019, L03P0018 & L02P0005, prepared by KC staff on 3/19/2007 Exhibit No. 14 DDES Field Report and GIS Information dated 11/3/2005 Exhibit No. 15 Letter (with 17 attachments) from A Phung, received 4/18/2006 Exhibit No. 16 Email to & from A Phung, re: ownership of .16' wide strip, dated 11/23/2005 Exhibit No. 17 Email (with 7 attachments) from Safet Basic re: road improvements & flooding dated 2/6/2006 Exhibit No. I8 Letter from Sara Slatten re: response to request for information & Phung/ownership, dated 6/22/2006 Exhibit No. 19 Email from Sara Slatten dated 7/12/2006 regarding Summary of An Phung discussions, forwarded by Kim Claussen on 7/13/2006 with 3 attachments follow: 2.1. Plat Map w/13 Lot Plat Design 2.2. City of Renton Sewer Availability 2.3. Surface Water Management Variance/L06V0043 2.4. Density Calculations w/R-4 zoning 2.5. ROW/Easement Exhibit, 2 pages Exhibit No. 3 Application for land use permitlplat no. L05P0019 received 9/28/2005 Exhibit No. 4 SEPA Checklist received 9/28/2005 Exhibit No. 5 SEPA Mitigated Determination of Nonsignificance issued 1/26/2007 Exhibit No. 6 Affidavit of posting for Notice of Application indicating posting date of 1114/2005; received by DDES on 11/8/2005 Exhibit No. 7 Revised Site plan (13 lot preliminary plat map) received 4/21/2006 Exhibit No. 8 Assessor's maps (2) - SE 10-23-05 & SW 11-23-05 Exhibit No. 9 Level I Downstream Analysis by Triad Associates, date received 9/28/2005 Exhibit No. 10 Traffic Impact Analysis by Transportation Engineering NorthWest , received 4/21/2006 Exhibit No. 11 Request for School Information Form from Issaquah School District, received 11/12/2005 Exhibit No. 12 Email from Sara Slatten to Noreen Anderson dated 416/2005, with 14 pages of attachments Exhibit No. 13 Vicinity Map for L05P0019, L03P0018 & L02P0005, prepared by KC staff on 3/19/2007 Exhibit No. 14 DDES Field Report and GIS Information dated 11/3/2005 Exhibit No. 15 Letter (with 17 attachments) from A Phung, received 4/18/2006 Exhibit No. 16 Email to & from A Phung, re: ownership of .16' wide strip, dated 11/23/2005 Exhibit No. 17 Email (with 7 attachments) from Safet Basic re: road improvements & flooding dated 2/6/2006 Exhibit No. I8 Letter from Sara Slatten re: response to request for information & Phung/ownership, dated 6/22/2006 Exhibit No. 19 Email from Sara Slatten dated 7/12/2006 regarding Summary of An Phung discussions, forwarded by Kim Claussen on 7/13/2006 with 3 attachments Page 13 of 13 N5POO19 - Martm Exhibit No. 20 Letter (with enclosures — 3 pages) from Eric Campbell of CamWest to A Phung re. resolution of property ownership, etc, dated 9/14/2005 Exhibit No. 21 1121/2005 email from Safet Basic regarding property lines & noise with undated response from Lanny Henoch Exhibit No. 22 11/28/2005 email from. K & C Gilbert with 11/29/2005 response re: sewer extension to their property Exhibit No. 23 Email from Ray Florent re: ownership documentation, dated 6/22/2006 Exhibit No. 24 Email from Ray Florent re: ownership ndocumentation, dated 91200612812006 Exhibit No. 25 Letter from A Phung, re: property pa dated Exhibit No. 26 Testimony of Raymond Florent dated 3122/2007 ]NOC:9ao L05P0019 RPT 20101115001834 ""' INS " 68.00 91- INS ".010 : KING COUNTY, UR E2466860 HIMM1110 15:28 K NG COUNTY, UA TAX 610.00 SALE $6.00 PAGE -4111 OF 001 DOCUMENT TITLE: Quitclaim Deed REFERENCE NOMM(SI OF�-:m:,!. J .. j RELATED DOCUMENT. .:.. NIA' Additi6h4t!cferenoenugbcrs-6npag�L(s)Qfilocument. NA GRANTOR: C4ffiWist Development LLC, a Washington limited li�bilit compaox GRANTEE: XeWand'Kathefine Gilbext, husband and wife ABBREVIATED LEGAL DESCRIPTION: PW -'Of S '/z .of N E 'A Of SE 'Ili - of SE Y. Sec. 10, T 23 N, R 51i, ,Exhibitj A aohd C of-doc0nent. Additional legal descriptions on, ASSESSOR,'.5 TAX PARCEL NO(S). 702305934,x; 10230$93$3 QUUCLAIM DEFiP-:. T14E GRANTOR, CAMWEST DEVELOPMENT LLC, `a Wuhingtqo limited liability company; and owner of that real property described in Exhibit C attac6d 4eret6 aria incorporated hoein by reference,, for van mc ' ionsideration of the settlement of a boundary-fin6 dispui�6 and other good 7 , 00-d Vallidle,considcfation the receipt of which is hereby acknowledged conve`ys Oid quitclaims to . GRANTEES KEfi-A and-CATtiERINE. GILBERT, husband and wife any and A.interest it now has in ifiktt real property . dgk"' biExhibit A and depicted in Exhibit B, both of which aattached bad p re hereto aadjj3c`rpq'rat heriin by reference. Signature on follonvWgip'qge. CamWest/Gilbert Quitclaim Page I Of3 STATE OF WASHINGTO)4 } ss. COUNTY OF KING ) I certify that I know or have satisfactory eodetiec,ihat,Eyrie. H. eamPbe is the person who appeared before me, and said person acknow)edged:"that:'sa'id pet,son rigged Cs':instrument, on oath stated that said person executed said instrument and jckntiwfidggd it as4i� bm r of CamWest Development LLC, a Washington. limited liability company, to bethe.free and voluntary aci of 961,h -.entity for the uses and purposes ment!iQncd in the instrument. i3�ted this !d �ay of `7Vrty , 2910. Notary Public, State of Washington_ Print Name: ' Residing at: t ` My appointment expires::,�:9� OF CamWesttlGilbert Quitclaim Page 2 of 3 1 ATF 'A' LEGAL DE SCRIPTION �i f IJPr� T"T PORTION THE: -SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE W GI0P1 MORE:'PART]C.WLARLY DESCIBED AS 2F LOWS RANGE 5 EAST, W.M.. IN KING COUNTY, COYVENCIN%%AT .THESOUTHWT CORNER -OF. SAID SUBDIVISION; THENQE NORTH :6!'m -5Q"" wEST;AL(*4d THE $RUTH UNE THEREOF 150.04 FEET TO THE WEST UNE OF THE EAST;T5O:FE£T OF' SAID SUBOIVMON,44D THE TRUE POINT OF BEGINNING; THENCE NORTH 0'17'38" FAST kMNG SAM WE$T UNE' 89.03 FEET TO THE NORTH UNE OF THE SOUTH 09 FEET W SMb SU900SIM THENCE NORTH 68'20'50" W ST ,ALON04AID NORTH UpE VD.22 FEET; THENCE SOUTH 4't3:38' WEST 82.CWFEETiTO THE,' SEM'tN LINE OF SAID SUBDIVISION; THENCE SOUTK 8870'50' EAST AL,bNG S11JD SMITHUNE 16.33 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 1,18Y.SQUARE FEET MORE OR LESS SITUATE 1N THE CITY OF RENTON, CQIJNTY- OF:KINr STATE OF WASHINGTON,. ��-�� f' 1 13005 NFL, 126th PL Ax 8! VRKLMID, *WA 48034 TEE 4$823-5700AWG jurvey FAX 425.823--8300SCALE unwww PAMM ]08 Na 10064 DATE 8/31/2010 DRAWN 81' CITFUM TRY AWG AS SHOWN yam, i I OF 1 EXH BTT 'B' *1ww.+ltlalnapeee� JOB 700, 10064 G " I bC4 ----------- TRUE POINT OF CFiE7C = By AWG sCnIE AS SHOWN SEMMINO 1 131 — F ``:.iMf57 LINE OF FAST 1513' St -:.*/4. SE 1/4 510, RGE. POINT OF OOMMMMENT T.2'irF}., 5 E W.M. SE OOR OF S 1/2. NE 1/f , SE 1/4. SE 1/4, WO, T.23, I . _ 1 SOUTH LINE OF 5 1/Z. NE 1/4. SE 1/4. SE 1/4, S,1 O, T.23, R.05 ci SE 1/4, SE 1/4, SEC. 10. WF. 2314., RGE SE, WX :. CTTY OF RENTON. KING rrm Tm Tv_ wvu4pj[ nm 'b03NE r6tn PL Ax" :: "KO*" LAN,:D, I*iQANd. WK.98W4 iEl.,!475.823-5700 Survey & Map0"449 .�PAX.:425,d23-5700:. *1ww.+ltlalnapeee� JOB 700, 10064 Dara 6/31/2010 TRUE POINT OF CFiE7C = By AWG sCnIE AS SHOWN SEMMINO — POINT OF OOMMMMENT i r i SE OOR OF S 1/2. NE 1/f , SE 1/4. SE 1/4, WO, T.23, I . _ 1 SOUTH LINE OF 5 1/Z. NE 1/4. SE 1/4. SE 1/4, S,1 O, T.23, R.05 I SE 1/4, SE 1/4, SEC. 10. WF. 2314., RGE SE, WX :. CTTY OF RENTON. KING rrm Tm Tv_ wvu4pj[ nm 'b03NE r6tn PL Ax" :: "KO*" LAN,:D, I*iQANd. WK.98W4 iEl.,!475.823-5700 Survey & Map0"449 .�PAX.:425,d23-5700:. *1ww.+ltlalnapeee� JOB 700, 10064 Dara 6/31/2010 DRAWN BY AWG CFiE7C = By AWG sCnIE AS SHOWN SST I1 OF 1 i 11/15/2010 15:28 KING CDLIYTY, WA TAX $1 .90 SALK 4.06 PACE -001 OF 0H1 "DOCUMENT TITLE-� i Ruitekim Deed REFERENCE NUMbER- (S) PF RELATED IDOCIUAENTS.., N/A Additional refereiice;num bers-p� n age() - of --dc cement. N/A GRANTOR: Ca"Mwest Development, LLC, a Washington limited L-Ornpany GRANTEE: John and F tri is,Koch, husbAn .1 d and wife ABBREVIATED LEGAL DESCRIPTION: Ptn.Av. of S' k 1/2 of NE'/{ of SE..V.40f SE %a Sec. 10, T 23 N, R E, -- Additional legal descriptio&,pn Fkhibits A anO-C of documen't;, SESSOR'S TAX PARCEL NC(S). 1023054383::' QUITCLAIM DEER TM. GRANTM CAMWEST DEVELOPMENT LLC, :;a Waihington limited liability com*y, and owner of that real property described in Exhibit C i4ached, herito -'emdincorporatcd here ' in by fefercrjcc, foi and in consideration of the settlement of a bound"a.'r"�"..�inedisputc od other good an4. valuable cpnside'mti',gli'-ti'i:.�.reecipt of which is hereby acknowledged conveys', - and quitclaims to GXANTkES,JOHN:-and PATRiOA KOCH, husband and wife any and all interest' it.-nJ'ow has in that . real prope4'descn`6ed in Eoibif-.-A and depicted in Exhibit B, both of which are ached hereto and rCFKC. incotpprated heroin 6Y -€ .,. Signature onfollotping CamWest/Koch Quitclaim Page 1 of 3 STATE OF wAsmriT01'1 55. COUNTY OF KTNQ ) 1 certify that I know or have satisfactgiy evidence tlfat EricH. Campbell,is the person who appeared before me, and said persoti�4pkAowledged,ihat said'per n. 11 signed this iri meet, on oath stated that said person executed said inti meet, and acknowledged it as member ofCaii Wast Development LLC, a Washington limited liability company, tp be the 6"'and Koluntaiy act, of$uch entity for the uses and purposes mentioned in the instrument;, All' .dated this day of Notiiy-Vublxa, State of Washington : Print Names L t7 tr--4z�__ Residing at-". My appointment expiresc...- CamWest/Koch Quitclaim . Panr 2 nFa 1 EXH BIT 'A1 LEGAL DESCRIPTION THAT PORTION THE'SOUTH HALF OF THE NORTHEAST QUARTFR OF THE SOUTHEAST WARIER OF THE S¢ZITI4ElIS;" QUARTI R OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY, INAWNGTDN l; 1ORE,:PARTTCULARLY DESCRIBED AS FOLLOWS: 00 16I N61410 AT T. iE: SOUTHEAST CORNER, -0f. SAID SUBDIVISION; VENCE NOOI H 88'2O'50'--- EST'ALQNq THE SOUTH LINE THEREOF 150.04 FEET TO THE WEST UNE OF THE EAST 190 PETIT OF.- 4b Su9DI."ION: THENCE NORTH FAST /iLC3 G SAJil. - UNi:a8.D3 FEET TO THE NORTH LINE OF THE SOUTH 89 FEET OF SAID SUDDIM90M;11Nlp: THE TRUF,NT 0.19EGINNINO; THENCE CONTINUING kbT'H 67'yd" EAar;'ALONG, SkO WEST LINE 112.53 FEET; THENCE NORTH 8�'2U'50" 1VE5T:'4,35'FEET; THENCE SOUTH 03'16'58' 'NE57 112.55 FEET Tb SAID NdM UNE OF THE SQUIB 89 FEET OF SAID SUBDIVISION; THENCE SOUTH 81Y20'5O" EAST ALONG SAI4NORTH L1NI�"-10.22 FEET TO Tl E TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 819 SgUj'J;E - £T MORE:OR'?LESS., SITUATE IN THE CITY OF RENTON. COUNTY DO, KI146.:STA`fi OF WA iINGTOM. • dt t' 411 Ilk 7 v ti 1F SE 1/4, SE 1/4, SEC. 10, TWP. 23N., RGF. SE., W.M. CTIY OF RWMN, KING COUNTY, WASHINGTON .. „ 13D05 -"NE 126th PL •rEfww.ax�w�p.cwn DAIS 8/31/2010 JOB No. 10064 KIR KLAND..WA 98034 TEL. 425;823 97DO FAST 425;t323 8?09 PRAWNS;v AWG OTECKMiRy AWG SHM Survey & nna0p in Cf6TC SHOWN 1 OF 1 777� 777 Axls: S"j300 ME, -.--.126th PL .�UITKLMD " WA 98034 TE4 423.823.:.5700 Survey & Mappirg.: FAX 425.824-879p i06 NO. 10064 DATE 8/3112010 DRAWN BY AWG TOUE. POINT OF S ..,AS SHOWN c J9EGIMNIN.9 -1 I T '541�,102�93}t I WES'# Utli OF. a EAST 150 SE 'i f 4".. SE 1/4 . RM -.5 E. w,A1. POINT OF COMM ENT f SE COR OF S 1/2, NE 1/4 SE 1/4, SE 1/4, S.10, T 23 R.05 X45: SOUTH LINE OF S 112, NE 1/4-, yam; SE 1/4• SE 1/4. S.10, T.23. R.05!7'-: I SE 114. SE 1/4, SEC. IO. TWP, 2311., RGE. SE. W.M. :. CITY OF RfNTON, IONG COUNTY, WASHNGTON 777� 777 Axls: S"j300 ME, -.--.126th PL .�UITKLMD " WA 98034 TE4 423.823.:.5700 Survey & Mappirg.: FAX 425.824-879p i06 NO. 10064 DATE 8/3112010 DRAWN BY AWG C By AWG S ..,AS SHOWN yam• I 1 OF 1 EXHIBIT C Grantor CamWest Development LLC Property T9E;SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF T;HE, SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, N.M., INNING COUNTY, WASHINGTON; EXCEPT THE NQP TH 16PEET THEIMOF; AND EXCEPT' THE rA$T 150 FE1 T TII)~REOF; AND THE :SOUTA 14-4EI T, OF THE N6TIt 30 FEET OF THE EAST 150 FEET OF THE SOUTi tjj tL OF T[.1E NORTHEAST; QU' ART;EK Of THE SOUTHEAST QUARTER OF THE CamWest/Koch Quitclaim Page 3 of 3 7 --, COMMMEAU �0 �44�i THiS SPACE FROYIQEO FOR RECOAOE" UM MU eeuv}e CoMPP it l7aledwen'a. Pennrylrenie � ' }y ggr F1LEU FOR pECARO AT REOt1wi OF . 1 � lr plPC> 87-eOIS/M [: RECD F 5.00 ; YT1ik tr ti ilP 4. ,� CASHSL. '�**+5• NrPNF�t REooaaEo RE1tNe1 TO !�EXCISE OFafNTY V`tL �X pAtL JUL 11 f LL ' 1z.E3 AeenSE a ti 1th Avue c ! _.----..._.-.. _ _.... jam,; :lo.SewM.X4RwntQnt.!.�eOR 9eo5s�..�---..-._....—...__-_._--- --.. ._..._..-------•- --- B -a;RAF'l ill- Fr+,F-*,rrt, -+r-rf r try-< a.•a rni elrt nrn a; rn,•rF•r,f fcr Dole Line :x,r1 .•ter trrc tr»rrsn�s?s>.rn L�1 iu,c :n ly.nr a� Srzr:;ve lmir-rr -rl It 3r:u 'rhrr�• tiavar ��.ar Crxrq.anv -�s r�Flcct e;S b. .oat rnNiredten[ recorried vnde[ .'ecoti0r) fin. .'5i i° -•r+ A=E}trst X19 �; Cvvcr+ani to bear equal -, are Of Lhe cost -if c[n-.'ructron, majrte,,ance a.^ re,:—r Of rojd 's rcarded unCe: A.djtorly f Ile No. 528"273 on May 16. 1951. ---- ':.. f:. _".'•` _ 'mss H — S7R �of.v Coamyan66 n 9 ' iI igt +rte , !' _ '�',� .,, 4 r �•w','.'. r ` W 01■/■E��PpPT. Di +t� GGII` �::I �Q � : � ::' � �,..#s F'latr+i �ecaL3 F1�kL - .;,:...;Fti' 3c1= ✓ r'�`ntD € -.,. .............. _ .. ......._..,..-....-.__-..-.- ................ ..... _...... --- -- .._Z - ......-.....-...-... ..--- � a �.z.. W rw. • c�•- nr -C Z STAT£Cg STATE OP WASHISfUTON v 1 - ccs _ It sib - CCT couwrY On!ilei .-- "am me 4a thio ..............._,. daY of ,..._...__...._.._—. .z- l .. _Z beforeme. kir" ohdrru�ad, t Notaryleandc i roma eav ae.+�aw Serol it ihtton, duty mramusioa.d end rwom pemoalE �._�.. �..... _ j�•`. ; ndvsi r bed in and trbo� jli n'd forefQi t inatnment, red-'-----.... �......._... __....._.-_._._.. --'--. _.- ^_..— .. .----»._. F ww eipted the wme w me Sno v to be the ... Y._.._._._Prrddens a*A .------baa dnrl, „ €res aea ve tary act and dead mew and p>» rpaeea th.,rtih maatiaee3 theOotpar that eaamtei the farK°ost �_ m1 ari�lErli3 the stud inanlrrmenk to be tit r free .6.0d. and m oath �aladll�sR roan far ttr vas and Porpcaes auttwriaed W execute for 9” Ensh'm,mt a" khat the Baal hand and Ok�!nl "eel ttda amred ii the oorporata asci of "Id mrporatieet e 1p�8b Withers -Yhand and -M-1 owd hereto mated the def "d7M !lad rbone Written of {i4lilkb% --- Notary P+rhllo in and for rhe State of Waehif'W' r»atdiat at...... a —_ `_.... raefdint FORK 'ei�,9{Ilashln�tolk�W .t�cc,s•! c,t-w yfc�tu., Q�-f0-S7 Statutory WarrmntY Dome z f ,Igg M&NTM GERALD BELL end BART T. SELL, husband and rife } i RECD. - ` ioeSod incMMk ewatlmal 1EN DOLLARS NO OTHER VALUABLE CONSIDERATIONS 1 { in hand SOK 0000gaand raa:nteW AN T. P1N1Fr, an urrrerried individual Z/viy� tli the "oelrks shed rent met" abated is the Cmaty Of King . Rksta a[ Waahinstoh: _ - g North heir of the Northwest quarter of the Southeeart Quarter Of the Southeast quertar of blaWngton: Saclion 10, Township 21 !forth, Renrie 5 East, M.1t., in King County, TOMTHER WITH an easement over the 40-th 16 feet or the Smth Calf of the Northeeet Quirter i of the 5wthesst quarter of the Southeast quarter of said Section 10; AM iOCETFER ititll sn eaeeoant over errs 'r:,,,i;,-it rya. _:'h--E`st an F=t ..r "— Sn.rth Mrlf of the "art M.* t quarter or the Southeast quarter air Southeast quarter Of sold Smtsan - 1n. -a;RAF'l ill- Fr+,F-*,rrt, -+r-rf r try-< a.•a rni elrt nrn a; rn,•rF•r,f fcr Dole Line :x,r1 .•ter trrc tr»rrsn�s?s>.rn L�1 iu,c :n ly.nr a� Srzr:;ve lmir-rr -rl It 3r:u 'rhrr�• tiavar ��.ar Crxrq.anv -�s r�Flcct e;S b. .oat rnNiredten[ recorried vnde[ .'ecoti0r) fin. .'5i i° -•r+ A=E}trst X19 �; Cvvcr+ani to bear equal -, are Of Lhe cost -if c[n-.'ructron, majrte,,ance a.^ re,:—r Of rojd 's rcarded unCe: A.djtorly f Ile No. 528"273 on May 16. 1951. ---- ':.. f:. _".'•` _ 'mss H — S7R �of.v Coamyan66 n 9 ' iI igt +rte , !' _ '�',� .,, 4 r �•w','.'. r ` W 01■/■E��PpPT. Di +t� GGII` �::I �Q � : � ::' � �,..#s F'latr+i �ecaL3 F1�kL - .;,:...;Fti' 3c1= ✓ r'�`ntD € -.,. .............. _ .. ......._..,..-....-.__-..-.- ................ ..... _...... --- -- .._Z - ......-.....-...-... ..--- � a �.z.. W rw. • c�•- nr -C Z STAT£Cg STATE OP WASHISfUTON v 1 - ccs _ It sib - CCT couwrY On!ilei .-- "am me 4a thio ..............._,. daY of ,..._...__...._.._—. .z- l .. _Z beforeme. kir" ohdrru�ad, t Notaryleandc i roma eav ae.+�aw Serol it ihtton, duty mramusioa.d end rwom pemoalE �._�.. �..... _ j�•`. ; ndvsi r bed in and trbo� jli n'd forefQi t inatnment, red-'-----.... �......._... __....._.-_._._.. --'--. _.- ^_..— .. .----»._. F ww eipted the wme w me Sno v to be the ... Y._.._._._Prrddens a*A .------baa dnrl, „ €res aea ve tary act and dead mew and p>» rpaeea th.,rtih maatiaee3 theOotpar that eaamtei the farK°ost �_ m1 ari�lErli3 the stud inanlrrmenk to be tit r free .6.0d. and m oath �aladll�sR roan far ttr vas and Porpcaes auttwriaed W execute for 9” Ensh'm,mt a" khat the Baal hand and Ok�!nl "eel ttda amred ii the oorporata asci of "Id mrporatieet e 1p�8b Withers -Yhand and -M-1 owd hereto mated the def "d7M !lad rbone Written of {i4lilkb% --- Notary P+rhllo in and for rhe State of Waehif'W' r»atdiat at...... a —_ `_.... raefdint FORK 'ei�,9{Ilashln�tolk�W .t�cc,s•! c,t-w yfc�tu., Q�-f0-S7 EASEMENT AGREEMENT f THIS AGREEKENT, made this day of 71wifgiL___ , t: `y 1961, is between THEODORE MUTSCHLER and MARGARET JUNE Ml1T5CHLS<t, V X AM his wife, hereinafter called the "mutachlars", and WILLIDONALD Ll� WILSON and BETV FRANCES WILSON, his wife, hereinafter called the 'ndilsana". RECITALS: WHEREAS the Mutechlers are the owners of the following described real property situated in King County, Washington: i J The south one-half of the northwest quarter of the south- east quarter of the southeast quarter of Section 10, Twp.." 23 North, Range 5 E.W.M. in King County, Washington, except the north 16 feet of the east 50 feet thereof for ingress,• egress and road purposes (said easement being used by them and by the Wilsons for ingress, egress and road purposes to the property of each); together with an easement over the north 16 feet of the south one-half of the northeast quarter of the southeast j quarter of the southeast quarter of said Section 10 (said easement being used by them and by the Wilsone for inotess', egress and road purposes to the property of each ); and WHEREAS the Wilsons are purchasing the following described real property situated in King County, Washington, from G. H. Otto and Laincha H. Otto, his wife, under a real estate contract recorded with the King County Auditor under File No. 5219488: The north one-half of the northwest quarter of the south- east quarter of the southeast quarter of said'Sectiotr 10; together with an easement over the north 16 feet of the east 50 feet of the south one-half of the northwest quarter of the southeast quarter of -the southeast:quarter•of said - Section 10 (said eaaement being used by them and by the Mutechlers for ingress, egreas•and-toad purposds:to'the property of each; and together with an easement over the north 16 feet of the south ane -half of the northeast quarter:of•;thextoutheast ,quarter of the southeast quarter of said Section 10 (said easement being used by them -And by the,Mutschlers'-for-ingress,° egress and road purposes to the property of each); and I MAY 161961 M, y T� N [P v ` f unreasonably.. x; .1: !• ,•;_,{ hd re'y. �0.6 wife, tit Ito X, '4' •;! 3.' The,. ea;ement load all abs,; 1�ept,:cpeu.�for use a�ad.no.; ;, ?tsh� butt Or•r f �e. -ea" it their vehicles' ar other'. a6jects: or, thingsr8b4l1k-.ba,,pitrked-or,lodgsd :..� !. thereon except for. temporary purpoaestAn`conAsction with•th_e�irsaion- able`use,thereof by the parties for toad purposes i p poses and with due con- sideration to the right/ `dad'tfOiak, ' f, the>4ther.,: Each party asreas f to use the road pr6d toy avoipace obi is ea .! V,t,%I r t t tear and ndaug* to it and to its surface. WHEREAS some of the conveyances in connection with said properties and other properties have not clearly defined that such i easements are for the properties of.the Mutechlers and of the Wilsons, and >• WHEREAS the parties now want to establish of record their `' ownership of said easements and the status';of:each and the relation- tsl�, '.` ship netxeen them in connection therewith, now, therefore, f a � IT IS DECLARED AND AGREED., 1. The easements described ebovq;axe fcr.the mutual benefit .. of the Mutschler property and of the Wilson 1 j property and are owned by the Mutschlers and the Wilsons and are in favor of the properties of each, share and share alike, for the purposes of ingress, egress f# and roads. Said easements shall run with the land. y� j (( 2. The MutsAlers agree at this, time.,tq.put the present e f _;. roads on the sasements,in good serviceabia condition, Thereafter ' a �1' r all repairs, p , maintenance and improvement 4 of,, said roads shall be shared equally by the parties to the and that said roads are main- tained in good serviceable condition far muCual bertsfit � 4t .the oE'the •' parties; p ; provided, however, that no east,for maintenance, improve-, s,- meats or repairs shall be incurred b either y party without the cots- F .-. sent of the other party thereto which consent shall not be withheld unreasonably.. x; .1: !• ,•;_,{ hd re'y. �0.6 wife, tit Ito X, '4' •;! 3.' The,. ea;ement load all abs,; 1�ept,:cpeu.�for use a�ad.no.; ;, ?tsh� butt Or•r f �e. -ea" it their vehicles' ar other'. a6jects: or, thingsr8b4l1k-.ba,,pitrked-or,lodgsd :..� !. thereon except for. temporary purpoaestAn`conAsction with•th_e�irsaion- able`use,thereof by the parties for toad purposes i p poses and with due con- sideration to the right/ `dad'tfOiak, ' f, the>4ther.,: Each party asreas f to use the road pr6d toy avoipace obi is ea .! V,t,%I r t t tear and ndaug* to it and to its surface. 4. All taxes, liability insurance and other charges, if any, properly related to said easements and the roads thereon, shall be , borne and paid by the parties equally. 5. These covenants and agreements run with the land and shall be binding upon the parties, their heirs, successors and assigns. DATED and SIGNED as of the day and year first written above. Theodore Hutschler ).am Donald Wilson Betty Prances Wilson STATE OF WASHINGTON ) 8a COUNTY OF K I N G ) On this day personally appeared befdie me Theodore Mutschler and Margaret June Mutscher, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument And acknowledged to me that they signed the same as their free and voluntary act and deed for the purposes therein mentioned. 7 Given under my hand and official seal this ;2_6_ day of 1961. r r Its-f.Qi�f Gt Rotary Public in and for the State of Washington, residing at-5e� 11 STATE OF WASHIK TON ) as COUNTY OF K I N G) on this day personally appeared before ind-William Donald Wilson and Betty Frances Wilson, his wife, to ma known to be the individuals described in and who executed the witi.n and foregoing instrument and acknowledged to me that they signed the aame,,as their free and volunL%ry act and deed 'for 'the purposes therein. -,mentioned. Given'u»der my rand and official seal this QA,) day of ary Public in and for the State � .tee £ Washington, residing at ,p+_�« 1' MAY 161961 "N531 R �. 1. ' --Ftr-- -1, ' le T I V T r PO T[ 921 'ft'4 ACREEMENT BY CONTRACT VENDORS We, G. H. OTTO and TAINCHA Id. &M, his wife, being the sellers under the real estate contract described in the foregoing Basement Agreement, hereby approve of the foregoing Estement Agreement, and agree to the term thereof for and on behalf of ourselves and of the land being sold. DATED this day of. M.n.rch,. 1961. G. 14'.' Otto IALnch&'H Otto STATE OF WASHINGTON ) as I COUNTY OF K X N G On this day part" sljjf I 'App'eiib4-befdf* lm* G.f- H. Otto and Laincha H. Otto,,his 'wffd 66'16i 'kzi6wh td be' thd indivi- duals described in and who *'X� a' didtdi the within add- foregoing instrument and acknowledged to me that they signed the same an their -free and voluntory Adt'and d4ea-"'foiCtbi1purposes therein mentioned.— Given under my hand and official seal this day of ±,Yr. 19 Notary public in and for the State of Washington, residing at Seattle A I V IrA MA Y 161961 I V Arneta J. Henninger From: Garmon Newsom Sent: Tuesday, October 26, 2010 10:52 AM To: Arneta J. Henninger Subject: Shamrock Glen Final Plat Good Morning, As you noted, section 2.3.2 is unacceptable. We would not approve that language as to legal form. What the language could be is: "The Association shall be able to dedicate or transfer all or any portion of the Common Area, including easements, thereon, to any public agency, public department, public division, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, and agreed to in writing by the City of Renton, or the appropriate public agency, public department, public division, authority, or utility." Let me know if that is acceptable or if we need to think of something else. If that language works we can submit a memorandum approving the agreement as to legal form subject to this amendment. Thank you. G. Ncwsotn II Assistant City Attorney City of Renton 100 South 2nd Street P.O. Box 626 Renton WA 98057 (425) 430-6480 (Office) (425) 255-5474 (Facsimile) CONFIDENTIALITY STATEMENT This message may contain information that is protected by the attorney-client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete this message without printing, copying, or forwarding it. Thank you. DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.010 - 21A.12.030 21A.12.010 Purpose. The purpose of this chapter is to establish basic dimensional standards for development relative to residential density and as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, and maintain privacy between adjacent uses. (Ord. 10870 § 338, 1993). 21A.12.020 Interpretation of tables. A. K.C.C. 21A.12.030 and 21A.12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules, exceptions, and methodologies are set forth in K.C.C. 21A.12.050 through 21A.12.210. B. The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into two general land use categories: 1. Residential; and 2. Resource and Commercial/Industrial. C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone - The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. (Ord. 10870 § 339, 1993). 21A.12.030 Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A-34 or transfers of development rights in accordance with K.C.C- chapter 21A.37, or any combination of density incentive or density transfer. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero -lot -line and townhouse developments. RESIDENTIAL ZRURAL URBAN URBAN 0 RE- RESIDENTIAL N SERVE E S STANDARDS RA- RA5 RA -10 RA -20 UR R-1417) R4 R-6 R-8 R-12 R•18 R-24 Rda 2.9 Ila" Density: 0.2 0.2 0.1 0.05 0.2 1 4 6 a 12 18 24 48 D"Iling dWac ddac dWac dWac dWac ddac dWac dWac ddac dWac dWac dWac ddac UMVAcrc (21) (g) 15 Maximum Density: 0.4 6 9 12 i8 2738 72 Dwelling Unit/Acm ddac d.dWac dWac dWac ddac dulac ddac {i) 1201 (22) 12 16 24 36 45 96 8 ddac ddac dWac dulac ddac ddac dulac [27) 1271 (27) 127) (271 1271 27 Minimum Density: 55% 86% 85% 80% 75% 70% 65% 121 (12) (121 0 Z (181 116) (ial (10) (1 8) [i a1 (18) 23 Minimum Lot Area (13) 1.875 3.75 7.5 ac 75 ac ac ac Minimum Lot 13511 795 R 135 it 175 It 35 ft 35 ft 3011 30 It 30 ft 30 ft 3011 30 It 30 ft Width (7) 17) 3 Minimum Street 3011 30 it "R 30 ft 30ft 201t 10R loft 10ft 10 It Taft loft loft Setback 49) (9) 19) (9) (7) 17) (8) 19) (sl la) Is) (a) 151 3 Minimus Interior 5 I loft 10 rt loft 5 I 5 i 5 i Eft Eft 5 f 5 f 5ft 5 f setback (9) (9) 49) (9) (7) 171 11x1 (10) 11h) 110) (3 )(16) Base Height 40 ft 40 ft 40 ft 4111 ISII 33 ft 35 N 35 R 35 it 60 R 6o ft 60 R Soft (4) (25) 45 R 45 it So It 60 ft soft (141 (14) (141 {14) 414) 25 25 Maximum 8npervious 25% 20% 15% 12.5% 30% 30% 55% 70% 75% 85% 55% 85% 90% Surface: (11)111) (11) (111 1111 (11) 126) (26) (26) 426) (261 426) (261 Percentage (5) (19) It91 (19) [191 1261 (26) (24) 1261 (24) I2fi) 26 B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A-34 or transfers of development rights in accordance with K.C.C- chapter 21A.37, or any combination of density incentive or density transfer. 2. Also see K.C.C. 21A.12.060. 3. These standards may be modified under the provisions for zero -lot -line and townhouse developments. 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. Regional uses shall be established at the time of permit review; b. Nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21 A.12.220; c. Individual lots in the R,4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. A lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zones or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R,4 zone. 10.a. For developments consisting of three or more single -detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8. RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet_ On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A_12.087. 13. The minimum lot area does not apply to lot clustering proposals as provided in K.C.C. chapter 21A.14. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a_ All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains; (1) a floodplain; (2) a critical aquifer recharge area; (3) a regionally or locally significant resource area,- (4) rea;(4) existing or planned public parks or trails, or connections to such facilities, (5) a category type S or F aquatic area or category I or II wetland; (6) a steep slope, or (7) an urban separator or wildlife habitat network designated by the Comprehensive Plan or a community plan. b_ The development shall be clustered away from critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040_ On-site critical area and buffers and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation, with no development of recreational facilities, and natural -surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K_C.C. 21A.12.085. 19_ All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat -specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 zoned parcels receiving density from rural forest focus areas through a transfer of density credit pursuant to K.C.C. chapter 21 A. 37. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808 on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808, by more than ten percent. 25_ For cottage housing developments only: a. The base height is eighteen feet. b. Buildings have pitched roofs with a minimum slope of six and twelve may extend up to twenty-five feet at the ridge of the roof. 26. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. 27. Only in accordance with K.C.C. 21A_34.040.F.1.g. and F.6. (Ord. 16267 § 25, 2008: Ord. 15245 § 6, 2005: Ord_ 15051 § 126, 2004: Ord. 15032 § 17, 2004: Ord. 14808 § 4, 2003: Ord. 14807 § 7, 2003: Ord. 14429 § 2, 2002: Ord. 14190 § 33, 2001: Ord. 14045 § 18, 2001: Ord. 13881 § 1, 2000: Ord. 13571 § 1, 1999: Ord. 13527 § 1, 1999: Ord. 13274 § 10, 1998: Ord. 13086 § 1, 1998: Ord_ 13022 § 16, 1998: Ord. 12822 § 6, 1997: Ord. 12549 § 1, 1996: Ord. 12523 § 3, 1996: Ord. 12320 § 2, 1996: Ord. 11978 § 4, 1995: Ord. 11886 § 5, 1995: Ord. 11821 § 2, 1995: Ord. 11802 § 3, 1995: Ord. 11798 § 1, 1995: Ord. 11621 § 41, 1994: Ord. 11555 § 5, 1994: Ord. 11157 § 15, 1993: Ord. 10870 § 340, 1993). King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 96055-1219 206-296-5600 TTY 206.296-7217 Subdivision Density and Dimension Calculations Alternative formats available upon request File Number (To be filled in by DDES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre -application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre -application conference. Worksheet Prepared By: SMA S ItA'� Date: 9-277-05 (R ntrName) Subdivision Name: /vll��-�Ifi Comprehensive Plan Land Use Designation: l )P— /lh l;DI t' Zoning: P. 4 If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K_C.C_ 21A.12200. Please complete only the applicable portions of this form Site Area fK.C.C. 21A.06.1172) also see fK.C.C. 21A.12.080): Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K_C.C_ 21A_06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights-of-way. square feet in submerged land (any land below the ordinary high water mark — see K.C.C. 21A.06.825) square feet in perimeter rights-of-way which will be required to be dedicated Total Check out the DDES Web site at www mefrokc.uov/ddes Subdivision Density and dimension Calculations Iccal-subden.pdf 12!10!03 Page 1 of 6 Calculation: Gross horizontal area of the project site -- -19— Total submerged lands and rights-of-way IL7 34-- Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,580 . 331 Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can berounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) II. Base Density tK.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. dulacre III. Allowable Dwelling units and Rounding {K.C.C. 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from KC -C. 21A.12.030 -.D40 tables), site area in acres (see Section 1.) X base density (see Section 11) _ $(Q allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E)). IV. Required On-site Recreation Space {K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units_ Recreation space must be computed by Check out the DDES Web site at www.me"kc.9oy/ddes Subdvision Density and Dimension Calculations ic-caksubden.pdf 12114/03 Page 2 of 6 multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X proposed number of studio and one bedroom units 170 square feet X proposed number of two bedroom units + 170 square feet X proposed number of three or more bedroom units + Recreation space requirement = Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X — L�21-- proposed number of units = 50-70 Mobile home parks shall provide recreational space as follows: 260 square feet X proposed number of units = V. Net Buildable Area 11K.C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan- The net buildable area is the site area (see Section 1) less the following areas: 76't_ _ areas within a project site which are required to be dedicated for public rights-of-way in excess of sixty (60) of width + 10, 434 sensitive areas and their buffers, to the extent they are required by King County to remain undeveloped + areas required for above ground storrawater control facilities including, but not limited to, retenuonldetention ponds, biofiltration swales and setbacks from such ponds and swales + $ areas required by King County to be dedicated or reserved as on-site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C. 21A.14.180 (see Section M + { regional utility corridors, and + other areas, excluding setbacks, required by King County to remain undeveloped Total reductions Calculation: site area in square feet (see Sectionl) — _Total reductions } Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 _ z94 Net buildable area in acres Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension calculations Iccal-subden.pdf 17J10I03 Page 3 of 6 VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum density requirement applies p"I to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(B)12_) Calculation: J base density in dulac (see Section II) X .CJ Net buildable area in acres (see Section V) —» X minimum density % set forth in K.C.C. 21A.12.030 or as adjusted in Section VII u ."1 minimum dwelling units required VII. Minimum Density Adjustments for Moderate Slopes (K.C.C. 21A.12.08 Residential developments,in the R4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: sq. ft 0-5% slope increment X 2.5% median slope value = Minimum Density Factor + sq. ft 5-10% slope Increment X 7.5% median slope value = + + sq. ft 10-15% slope increment X 12.5% median slope value = + + sq. ft 15-20% slope increment X 17.5% median slope value = + + sq. ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope Increment X 27.5% median slope value = + + sq. ft 30-35% slope increment X 32.5% median slope value = + + sq. ft 35-40% slope increment X 37.5% median slope value = + Total square feet Total square feet in net buildable area adjusted for slope Calculation_ total square feet adjusted for slope divided by total square feet in net buildable area W weighted average slope of net buildable area % (Note: multiply by 100 to convert to percent -- round up to nearest whole percent) Use the table below to determine the minimum density factor_ This density is substituted for the minimum density factor in K.C.C: 21A.12.030 table when calculating the minimum density as shown in Section V1 of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Areas of Site: 0% — less than 5% 85% 5% — less than 15% 83%, less 1.5% each 1% of average slope in excess of 5% 15% — less than 40% 66%, less 2.0% for each 1% of average slope in excess of 15% Check out the DDES Web site at www.metrokc. ov/ddes Subdivision Density and Dimension Calculations lc-cal-sLbden.pdf 12110103 Page 4 of 6 EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES, 3,250 Total square feet adjusted for scope divided by 30,000 Total square feet in net buildable area _ ,108333 Weighted average slope of net buildable area = 11% (Note: multiply by 100 to convert to percent —roundup to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% --- less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1% of average slope in excess of 5%. Since 11% is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%_ This replaces the minimum density factor in K.C.G. 21A.12.030 table. V111. Maximum Dwellin-q Units Allowed K.C.C. 21A.12.030 -.040): This section should be completed only if the proposal includes application of residential density incentives (KC.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section Il) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units_ The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section Il) of the underlying zoning of the development. base density in dwelling units per acre see (Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) base density in dwelling units per acre (see Section 11) X 200% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density Incentives with 1100 percent affordable units (K.C.C. 21A.34) base density in dwelling units per acre (see Section 11) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density transfers (KC -C. 21,437) Calculation base allowable dwelling units calculated in Section III + bonus units authorized by KC -C. 21A34 + transfer units authorized by K.C.C. 21A.37 total dwelling units (cannot exceed maximum calculated above) Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension Cala,laFions Iccal-subden.pcif 12f10103 Page 5 of 6 sq. ft 0-5% slope increment X 2.5% median slope value = + 10,000 sq. ft 5-10% slope increment X 7.5% median slope value = 750 + + 20,000 sq. ft 10-15% slope increment X 12.5% median slope value = 2,500 + + sq. ft 15-20% slope increment X 17.5% median slope value = + + sq. ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope increment X 27.5% median slope value = + + sq. ft 30-35% slope increment X 32.5% median slope value = + + sq. ft. 35-40% slope increment X 37.5 % median slope value = + 30,000 Total square feet 3,250 Total square feet in net buildable area adjusted for slope 3,250 Total square feet adjusted for scope divided by 30,000 Total square feet in net buildable area _ ,108333 Weighted average slope of net buildable area = 11% (Note: multiply by 100 to convert to percent —roundup to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% --- less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1% of average slope in excess of 5%. Since 11% is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%_ This replaces the minimum density factor in K.C.G. 21A.12.030 table. V111. Maximum Dwellin-q Units Allowed K.C.C. 21A.12.030 -.040): This section should be completed only if the proposal includes application of residential density incentives (KC.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section Il) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units_ The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section Il) of the underlying zoning of the development. base density in dwelling units per acre see (Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) base density in dwelling units per acre (see Section 11) X 200% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density Incentives with 1100 percent affordable units (K.C.C. 21A.34) base density in dwelling units per acre (see Section 11) X 150% = maximum density maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density transfers (KC -C. 21,437) Calculation base allowable dwelling units calculated in Section III + bonus units authorized by KC -C. 21A34 + transfer units authorized by K.C.C. 21A.37 total dwelling units (cannot exceed maximum calculated above) Check out the DDES Web site at www.metrokc.gov/ddes Subdivision Density and Dimension Cala,laFions Iccal-subden.pcif 12f10103 Page 5 of 6 IX. Minimum Lot Area For Construction K.C.C. 21A.12.100): Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero - lot -line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C_C_ 21A.12.100) X. Lot Width (K.C.C._21A.ILOOM): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). Lot Width Measurement Check out the DDES Web site at www.metrokc.Grov/ddes Subdivision Density and Dimension Galculafions Io-pt-subden.pdf 12J10/03 Page 6 of 6 Commonwealth- LAND TITLE INSURANCE COMPANY Camwest Development 9720 NE 120th Pl., #100 Kirkland, WA 98034 REFERENCE NO: /CamWest Development LLC WA20S3-81--10062240-2010.81030-814621-"9 Order No.: 40062240 Liability: $10,000.00 Charge: $ 250.00 Tax: $ 23.75 Total: $ 273.75 UPDATED SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee Is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Commonwealth Land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: November 9 2010 at 8:00 a.m. Subdivision Guarantee Page 1 of 5 G NT004 Order No.: 40062240 SCHEDULE A 1. Name of Assured: Camwest Development LLC 2. Date of Guarantee: August 23, 2010 at 8:00 a.m. 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Camwest Newco LLC, a Washington limited liability company C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (15T HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023059383 YEAR BILLED PAID BALANCE 2010 $7,370.60 $3,685.30 $3,685.30 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,685.30. LEVY CODE: 2133 ASSESSED VALUE LAND: $440,000.00 ASSESSED VALUE IMPROVEMENTS: $187,000.00 Subdivision Guarantee Page 2 of 5 GNT004 OrderNo40062240 EASEMENTAND THE TERMS AND CONDITIONS THEREOF: GRANTEE: SNOQUALMIE FALLS WHITE RIVER POWER COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 3, 1904 RECORDING NO.: 305589 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC PURPOSE: USE, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REGARDING: REMOVE, AND ENLARGE, ONE OR MORE UTILITY SYSTEMS FOR PURPOSES 7. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING AND THE TERMS AND CONDITIONS OF TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 13 2010 RECORDING NO.: 20101013000568 ORDINANCE NO. 4612 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 21, 1996 RECORDING NO.: 9606210966 REGARDING: SANITARY SEWER SERVICE SPECIAL ASSESSMENT 6. ORDINANCE NO. 5459 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 6, 2009 RECORDING NO.: 20090806000472 REGARDING: CITY OF RENTON ANNEXATION 7. DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CAMWEST DEVELOPMENT, INC., A WASHINGTON CORPORATION TRUSTEE: PRLAP, INC. BENEFICIARY: BANK OF AMERICA, N.A. ORIGINAL AMOUNT: $20,000,000.00 DATED: MARCH 30, 2006 RECORDED: MARCH 31, 2006 RECORDING NO.: 20060331002017 Subdivision Guarantee Page 3 of 5 G NT004 OrderNo40062240 GM1 enclosures: Sketch Vesting Deed All recorded exceptions Subdivision Guarantee Page 4 of 5 GNT004 Order No.: 40062240 EXHIBIT "A" THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 16 FEET THEREOF; AND EXCEPT THE EAST 150 FEET THEREOF; TOGETHER WITH THE SOUTH 14 FEET OF THE NORTH 30 FEET OF THE EAST 150 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT THE EAST 30 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTH 16 FEET OF SAID SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE EAST 30 FEET THEREOF; EXCEPT PORTIONS CONVEYED IN DEEDS RECORDED ON NOVEMBER 15 2010 UNDER RECORDING NUMBERS 20101115001834 AND 20101115001835 SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or net shown by the public records. (b) it) Tares or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or {2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or, title to water, whether or not the matters excluded under (1). 12) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability far loss or damage by reason Of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title 10 any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets. roads, avenues. lanes. ways or waterways to which such land abuts. or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and spot ificallySet forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds) (2) which result in no loss to the Assured; ar (3) which do not result in the invalidity or potential invalidity of any Judicief or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity o1 any party shown or referred to in Schedule A. (d) The validity, legal affect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured-: the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company, (b) 'land': the land described or referred to in Schedule (A), fC) or in Part 2, and improvements affixed thereto which by law constitute real property, The term 'land' does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage" mortgage, deed of trust trust deed_ or other securrty instrument. (d) 'pubhc records': records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge_ (9) "date': the effective date. 2. Notice of Claim to be Given by Assured Claimant An Aswred shat! notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of titla or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee, If prompt notice shall not be given to the Ccmpany, then all liability of the Company shall terminate with regard to the matter or masters for which prompt notice is required: provided. however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwilttstanding the nature of any allegation in such action or proceeding. Comical Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty be defend or prosecute as set forth in Paragraph 3 a hove: (a) The Company shall have the tight, at i5 sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its op nion may be necessary or desirable to establish the title to the estate or interest as stated herein. or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee, If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right Of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action Which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permtted by the provisions of this Guarantee. the Company may pursue any litigation to final determination by a court of cempetentjurisdiction and expressly reserves the right in its able discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding. securing evidence. obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLIA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, cr to establish tie lien rights of the Assured. If the Cenpany is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided ro the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (GO) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of Icss or damage shall describe the matters covered by this Guarantee which constitute the bass of loss or damage and shall state. to the extent possible, the basis of calculating the amount Of the loss or damage. if the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Companys obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may he designated by any authorized representative of the Company, all records, books. ledgers. checks, correspondence and memoranda, whether bearing a date before or atter Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Fits permission, in writing. for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim_ Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim, 6. options to Pay or Otherwise Settle Claims; Termination of Liabil€ty. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Lrabilrty or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount o1 this Guarantee or, if this Guarantee- is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owng thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. in the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any iRiga9on for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle WIthn Parties Other Than the Assured or With the Assured Claimant To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys fees and expenses incurred by the Assured claimantwhich were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. T. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee The liability of the Company under this Guarantee be the Assured shall rot exceed the least of. (a) the amount of liability stated in Schedule A or in Part Z (b) the amount of the unpaid principal indebtedness secured by the mortgage of ars Assured mortgagee, as limited or provided under Section o of these Conditions and Stipulations or as reduced under Section g of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 6. Limitation of Llabhity. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liahllity for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefromadverse to the title, as stated herein. (c) The Company shall not be Gable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company, 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. f0. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely lured in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30} days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, ail right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to ail rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovared its principal, interest, and costs of collection, 12. Arbitration. Unless prahihited by applicahla law, either the Company of the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,070 or less shall be arbitrated at the option of either the Company or the Assured_ All arbitrable matters when the amount of Lability is in excess of $1.DOD C100 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties_ The award may include attorneys fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof The law of the situs of the Il shall apply io an arbitration under the Title Insurance Arbitration Rules. A ropy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be wnstrued as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim. shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President a Vice President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to Ire given the Campany and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department P.O. Box 45623, Jacksonville, FL 32232- 5623. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) I 1111111111111111 20101115001834 CA"ST DEVEL-0 GCO 59. 00 PAM -691 OF 005 21/3312610 155 KING COUNTY, UR E2466860 I1/1512019 loan KING COUNTY, AX $10.00 STALE $01" PAGWL-401 OF 001 DOCUMIENT TITLE: Quitclaim Deed REFERENCE NUM BER(S)'OF.-:m% RELATED RqCUMENT9. # bf document. N/A Additi6h4Lkrvkreni* nupbers6n pagqa) .'. GRANTOR- J Wi&,st Development LLC, a Washington limited lijbility cojnpm� GRANTEE - Keith and Katherine Gilbert, husband and wife ABBREVIATED LEGAL DESCRIPTION: Ptr}-.'of S V2 ofL:NE 14 of 5 "Wof SE V4 Sec. 10, T 23 N, R 51~ W.M Additional legal descriptions ow:'j , ExKJbitj A and C of 46conetif. ASSESSOR'S TAX PARCEL NO(S). 1'1023050341:J0230.9381 Signature on jollowft` page. C=West/Gilbert Quitclaim Page I of 3 j UAT.)D:"' /!.// 2010 GkAr4TOlk: CA14 WiV T.DEVELOPMENP LLC, a Washin�on kicnifed liability company" t: By: Eric H:. amp II,:Meiiiber: STATE OF WASHINGTQ 4 j } ss, COUNTY OF KING ) I certify that I know or have satisfactory evidence -that ] ric, H. amgbeil` is the person who appeared before me, and said person acknowledged: that.'sai peeson Signed t iis':instrumeat, on oath stated that said person executed said instrument and $cknt wledgOi it as &Omb: r ofCamWest Development LLC, a Washington limited liability company, to bi ,Jhe:free and voluntary aot of 0h:entity for the. uses and purposes meritivned in the instrument. 1?ted chis !�y Notary Public, State of Washipgtoti Print Name: L i Residing at: �. My appointment expires'--. FAIT 'A' LEGAL DESC'RiEMON bEIT}{PORTION F.Afft':QvART�R OF SECTION 10, TOWNSH P 23TNORTK RAOIJARTER NGE 5EEAST, WENL,TIN VJNC COUNTY,OF E WASHINGYON MORE,' PARTICULARLY DESCRIBED AS FOLLOWS: Cq.MMe!tCNC,. A7 .THE`SOUTHWT CORNER ..OF.. SAID SUMIASION; T1rtE1�ICE NORTH.'63'2O'50"'WEST.'.ALOk1G THE $OUTH UNE THEREDF 150.04 FEET TO THE WEST LME OF THE EAST '150:FEr=T SND St1BgdYfSION,.AtiD THE 1151E POINT OF BEGINNING: THENCE WORTH 0'17'36' FAST ALDNG SAKI_ WE37 UNE, 89.03 FEET TO THE NORTH LINE OF THE SOU7}1 89 FEET` QF;SAYty SVM%4S1ONt THENCE NORTH 88'20'50' WlC T 400:1Alb NOR1?i"yNE $13.22 FEET; THENCE SOUTH 4'13'36' 1MEST BD.4W.`FEEiiTO THC,' SQUVH LINE OF SAID SUBDIVISION: - r�r�Nwq�p.00w� JOB NO. DATE 10064 8/31/2010 1300;5 NE, 126th PL AA: '-KIRKLANC; "WA 98034 DRAWN By S:TmcXI]i RY TEL. 423.823-5700 AWG AWG Survey &;Mpfsing, FAX 425.823-6700 SCAM sit AS SHOWN I X OF 1 M: m wwwmdsro pA� TRUE PONT. OF DATE 8/3112010 BEGINNING EXHEBrF'B' SCALE AS SHOWN SKEET I I OF I POINT OF COMMENCmENt SE OOR OF S ?/Z NE I W A SOUTH LINE OF S I/Z NE 1/4. GWWC SCAM SE 114. SE 1/4. SEC 10, TWP. 2314., RGE SK, W.M. ClrY OF REWON. KING COUNTY- WASHINC!MN O 2(k MIEST LME "EAST 156' SE::.1/4. SE 1/4, &l 0, T.�3.I4?4.RGE. 5 E. W.M. 00 M: m wwwmdsro pA� TRUE PONT. OF DATE 8/3112010 BEGINNING Wcr —CHE LBy AWG SCALE AS SHOWN SKEET I I OF I POINT OF COMMENCmENt SE OOR OF S ?/Z NE I SE 1/4, SE 1/4, 5.10. 7.23. !s SOUTH LINE OF S I/Z NE 1/4. SE 1/4. SE 1/4. S.10. T.23, R.05 SE 114. SE 1/4. SEC 10, TWP. 2314., RGE SK, W.M. ClrY OF REWON. KING COUNTY- WASHINC!MN :"w 1,,,05�NE 1%�6bl PL A tKPK:UN'D. TEL., Survey & jNj 25A234700.. wwwmdsro pA� JpgNcx 1006A --� DATE 8/3112010 �WN By AWG Wcr —CHE LBy AWG SCALE AS SHOWN SKEET I I OF I a E2466861 11/15/2010 15:28 KING COUNTY, UA TAX $10.90 SWE 30.00 PAGE -001 OF "I 'oOCUWNT TITLV PUWOrn Deed REFE"NCE NUMBER'OF ,(S RELATED DOCUMENTS:' N/A'_ Additional refer.6ce:"n kiepn age�s) 6fd91--ment. N/A GRANTOR: CM, W'dist Development, LLC, a Washington limited ii �mmpany GRANTEE: John acid Pal,tr 6�.Koch, husband and wife ABBREVIATED LEGAL DESCRIPTION: I/ YIn. of Ss of NE of SE-�. Sec. 10, T 23 N, R 'A of SE Additional legal descriptio&,0n Fighibits A and C of dc!4wMinf-, ASSESSOR'S TAX PARCEL NO(S). 23.059038; 102305.Y383 -- QUITCLAIM DEED THV GRAN TDR, CAMWEST DEVELOPMENT LLC, ;a WaAingt6n JirniW liability comp9ny, 4fid owner of that real property described in Exhibit C attached,. hereto., and:i" ncorporated herehi by kerenc'e, fbr and in consideration of the settlement of a boun Lne �isoutc and other good andvaluable co . nsideratsooft`ffi'eqweipt of which is hereby acknowledged conveys'. and quitclaims to GICANTU-06HN"'aud PATRfCJA KOCH, husband and wife any and all int -er6t it now has in that rew ' Property described in E..hibii-'A and depicted in Exhibit B, both of which are attached hereto and incorporated herein sy rc�rcrtce. Signature onfollowing page. C . CamWcst/Koch Quitclaim Pape I of 3 DATIM 2010 GRANTOk2e CAMWEST DEVELOPMENT LLC, a{Wohington lirti_ited liability company Eric . , a ell; eint, 4 STATE OF WA.Sfi&dT0-N ; } } s5. COUNTY OF KINQ„ _, } I certify that I know or hay? satisfactory evidence tb.bt Eric H. Campbell;: js the person who appeared before me, and said person'aClchowledged;ihat,;.said'person1sig�ed this i�isuvrnent, on oath stated that said person executed said instrument and acknowle`dggd it as member oftatnWest Development LLC, a Washington limited liability company, tp beae fieq'and voluntary act. cif -such entity for the uses and purposes mentioned in the instrument;.:: .Datod this %1 day of 14Ia. 2010. Print Name*_L Residing at li;; le -L� My appointment expires:..� EXMIT TAT LEGAL DESCRIPTION 1�oc h THAT ,PORTION THE ;SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTMEAS7" QUARTEX OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WARMOTON GIORE;PARTICULARLY DESCRIBED AS FOLLOWS: 001 1VEII6ING. J T Tk- S &EAST CORNER-OP SAID SUBDIVISION; THENCE NORTH 9E]'20'50'.-%EST:ALONP' THE RUTH UNE THEREOF 150.04 FEET TO THE WEST UNE OF TW EAST 1$O FIXT OF,` SAIp SUBDIOSION:.,... THENCE NORTH. C:h7'.�8" EAST ALF3NG SAIU,.WES4 UNE 1T m FEET TO THE NORTH LINE OF THE SOUTH 69 FEET OF SAID' SUBINWOON :ANIS; THE TRUE,.-POINT OF BEGINNING: THENCE CONTINUING 960TH 0'1736' EA%r=i4LONG; ii ID,4* UNE 112.53 FEET: THENCE NORTH 420'50" ,INEST::4.33`l EEET: THENCE SOUTH -ONIW58' WEST 11455 FT=ET TO SND N6RTH UNE OF THE SOUTH 69 FEET OF SAID SUMIMSION; THENCE SOUTH ri4'2O'SO" EAST ALONq SAID NORTH UNIT' 10.22 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 819 SQUARE"�.WT 4ORE.,-6R. LES$ SITUATE IN THE CITY OF RENTON. COUNTY OF, KING, STATS OF WA6,lynmt4. SE 114, SE 114, SEC. 10, TWP. 23N., RM 5E., W.M. CITY OF RENTON, ICING COUNTY, WASHWGTON wvrtir.�dswwp.can� JOS NO, DATE 13005: NE :129th PL r 10064 8/312010 PRAWN BY AWG C71ECKMRY AWG laRKLW. WA. 98034 TEL.- 425;623'=5700 Survey 86 M a F p isi g FAX 425:924-6700 creT.F StiE £1' .r AS SHOWN 1 OF 1 EXHIBIT 1Br 13005 ME -125th PL A X KIRKLAN©,. * 96034 TEL:: 423.1523+-5700 Survey & �Ma1�fng, FAX 425.823-67W EAST 156" SE '�7... 10064 8/31/20x0 S.10, 7.2'x, N., RLE 'S E. W. I. CMC M. wy AWG SCAU AS SHOWN , I POINT OF COMM6ii MENT '. S£ COR OF 5 1/2, NE i SE 1/4, SE 1/4, S.10, fi 23, R. .' yXd�L P +�f 1/2. NE 1 4 2O SOUTH LNE OF S - *1dL SE 1/4, SE 1/4, S 6 T.23. R.05'::::::.' SE 1 /4. SE l /4, SEC. 10, T4VP, 23N., RGE 5E, W.M. QTY OF RENTON, KING COUNTY. WASMNr.TON 13005 ME -125th PL A X KIRKLAN©,. * 96034 TEL:: 423.1523+-5700 Survey & �Ma1�fng, FAX 425.823-67W 10064 8/31/20x0 DRAWN 6Y AWG CMC M. wy AWG SCAU AS SHOWN Sk= 1 OF 1 EXHIBIT C Grantor CamWest Development LLC Property TA.: OU 14 11ALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF Th1 SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W -M., IN -KING BOUNTY, WASHINGTON; EXCEPT THE1d1iTH 16 FEET THEREOF; -AND EXCEP-T .f HE EAST 150 fF4T TH$REOF; AND 'SHE. SQUTk 14'FE8T;;,OF TPW NORT4,-30 FEET OF THE EAST 150 FEET OF THE SOUTk HALF OE T>fiE NORfHEA§t:QUARTjR QF THE SOUTHEAST QUARTER OF THE CamWesdKmh Quitclaim Page 3 of3 r03MMMEALM LAM a tnU#dLffj.�UO3P0_4j%1f ftwSP04. pwwm—i* ML M FOA KWRo AT AEOU"i Of NJ Y 114 6 WWN RECORDED RUUM 10 1nw.. Ric_Q.IA" - - ---------------- ---------------- - ILI StaMary Wa"unty ... . ............... ....... - ------------- ........ THI 3 SPACE FROVIDEO r*A PE-ODWOM USE: Lc u 9SC0 F 5.00 CASHSL ****5. do KllIC EXCISE WTAX 'PAID JUL 11 IM 12 LU 0 ,IgZ CRANTM MWO BELL and "ARY I. BEtt, husband " v'ra 1p, gd is Q0@ddw0jm of TEN 0QLtAR5 AND OTHER VALUABLE CON51DEFIATIM45 ama I to Am T. PHLW, an unmarried irdivi&nl REM, or the knorms Amcdbed red aWatk SWULPAd id the CaMMt3F 09 King .86eteatwaddagbm. North half or the 14artfumtst quarter of the Southeast quarter of ttw Southeast "rtmr of SecLjon 10, Township 23 Morth, Range 5 East, kf.H_, in King County, V4kahJrqton, TOGETHER WIT14 an easeqwnt over the North 16 foot of the Smttk Naf of the North .. t—Mt.-' W-Itter of the Southeast quarter of the Southeast quarter of said Section 70. AND IOMTHER W11H an wems nt o.ar the iiu&U, 7- fea'- Gf '!X Ezzt 52 fett tis "— S—'th hate of the Vorthwmt quarter of the Southe#at "rker of the Smtrm&gt quarter of said Section in. for mole Line• 11:d I -tric trAn iFS-';" Sr m;,m I -Ick-ti '-'[P) 1�d Rj,�t ��,or C-d—, is M t1, 7hftt lrrStrUtt,rt­tt 1 9� reCaptjajj nC:LV Pr,frjdV-13 %0. ts bccr eq -,:;J -,^ara of Lne rant 'IF cc. Or nck-: Acditur'3 Xle No. 5284213 C) un May 16. 1961. SIA 30 DEPT Of 7; iA Bel'. ZD C'A ... . .. ... . ...... .... per— S;T��AZTF C 1: STATE OF WASMINUMN ry CC"TT OF . ..... . . ......... ------ 'A cotwry :-- 2i on . ..... . .. _ on alis Lily a on Chia any of M-0-1 IS r* mc the andenivM& * I bete, 4"4y PW*c @fasLa saw Geral -;fl d.Ey -W-Md to J,&vOual 4amW m and rrtri *:. A-111*010, "QP..u.. .& Am hr k.. be tha free and voivatdrs act ad deed rwpK4.*17. mm and parpomas thtoln n"Oonml. the that "ectad the Nmgmm InWratmink abd ffidkwwiwimd t,, *m , b@ %11. in* and vW.,.t ty act ado dead of mW corpm- abon, Por tLo umm and Purposes ttemn vmmnfiWw4 MW an oath awfad Owt au*wiud to exacuto &hb "A bub AIA dwA Ow wool h" and W;� areal this adirsd in tbgcorporste pea of said carpDrotka. mrjbk*m=Yh"rad c%0m rat b&re*mft tis day affidbass OMA abwonian. the ptate at )MUM Nob" Public in MW for the Shia 04 WmohblgWft EASEMENT AGREEMENT THIS AGREEMENT, made this (2 - day of t: N 1961, is between THEOD0R8 MUTSCHLER and MARGARET NNE MLITSCHLER, U his wift, hereinafter called the "Kutechlers", and WILLIAM DONALD WILSON and BMf FRANCES WILSON, his wife, hereinafter -called the "Wilsons". RECITALS: WHEREAS the Mutschlers are the owners of the following described real property situated in King County, Washington: The south one-half of the northwest quarter of the south- east quarter of the southeast quarter of Section 10, Twp.. 23 North, Range 5 E.W.K. in Icing County, Washington, except the north 16 feet of the east 50 feet thereof for ingress, - egress and road purposes (said easement being used by theca and by the Wilsons for ingress, egress and road purposes to the property of each); together with an easement over the north 16 feet of the south one-half of the northeast quarter of the southeast quarter of the southeast quarter of said Section 10 (said easement being used by them and by the Wilsons for ingress -,- egress and road purposes to the property.of each ); and WHEREAS the Wilsons are purchasing the following described real property situated in King County, Washington, from G. H. Otto and Laincha H. Otto, his wife, under a real estate contract recorded with the King County Auditor under File No. 5214488: .. 3 The north one-half of the northwest quarter of the south- east quarter of the southeast quarter of said Section 10;" together with an easement over the north lb feet of the east 50 feet of the south one-half of the northwest quarter of the southeast quarter of.the southeast quarter of said, Section 10 {said easement being used by them end by the Mutschlers for ingress, egress,and-Yo:d purposbs--to-tha­ property of each; and together with an easement over the north 16 feet of the ; south ane -half of the northeast quarter:ofsthe.,4southeaat ' ,quarter of the southeast quarter of said Section 10 (said easement being used -by them and by-'the,Mutechlers'-for ingress,, egress and road purposes to the property of each); and - .._ �iL•:. .'i fie s, f i . •q. ticr t++ � :.f FT.!EWF;0.T- VeMOMM unreasonably. L;rPVZJ:1�4,j "' &. uG._ Si � '. I - I . I ' , �0- S Vife, Ly af, k "`. - -.: 7 ': R. 3. Th a'. casement, .-road. shall,, bpjk*pt4openffpr useand.no,.:,.6 i to '" 04t. 'Ore viit-ItZ t"?s` 44*9 8.1 tholz vehicles or, other... obj acts. or,� t4nggr sb4lktbs;,parked,- or, lodged thereon except for,.temporg" RWPOff#,;4q!c01PA#ct1QU with, tho.iresson- able'use thereof by the parties for road purposes and with due coim- sideration to the 'righti the-'otber..,-Za.cb part► agrees to use the road Voll mmi un d PrW6 xtelat and,414asso, to it and to its surface. WHEREAS some of the conveyances in connection with said properties and other properties have not clearly defined that such easements are for the properties of.the Mutschlers and of the Wilsons; and WHEREAS the parties now want to establish of record their ownership of said easements and the status'.OU"ch and the relation- ship between them in connection therewith, now, therefore, IT IS DECLARED AND AGREM 1. The easements described Ab4ve;axe 'fdj.the mutual benefit of the Mutachler property and Of the Wilsonproperty and are owned T ra%i T by the Mutschlers and the Wilsona'and are in favor of the properties of each, share and share alike, for the Purposes Of ingress, *gross and roads. Said easements shall run with the land. L 2. The Hutsc�i, era agree at this, time.'to put the present roads on the easements.in good serviceable condition. Thereafter all repairs, maintenance and improvement of said roads shall be shared equally by the parties to the end that said roads are main- tained in good serviceable conditicii f6r the mutual benefit of. the Y NT parties; provided, however, that no costjor maintenance. improve— ments or repairs shall be incurred by either party without the con- sent of the other party thereto which consent shall not be withheld unreasonably. L;rPVZJ:1�4,j "' &. uG._ Si � '. I - I . I ' , �0- S Vife, Ly af, k "`. - -.: 7 ': R. 3. Th a'. casement, .-road. shall,, bpjk*pt4openffpr useand.no,.:,.6 i to '" 04t. 'Ore viit-ItZ t"?s` 44*9 8.1 tholz vehicles or, other... obj acts. or,� t4nggr sb4lktbs;,parked,- or, lodged thereon except for,.temporg" RWPOff#,;4q!c01PA#ct1QU with, tho.iresson- able'use thereof by the parties for road purposes and with due coim- sideration to the 'righti the-'otber..,-Za.cb part► agrees to use the road Voll mmi un d PrW6 xtelat and,414asso, to it and to its surface. .. ..Y' .. - ♦.__.._,mss. r va r„ [ 4. All taxes, liability insurance and other charges, if any, properly related to said easements and the roads thereon, shall be borne and paid by the parties equally. 5. These covenants and agreements run with the land and shall be binding upon the parties, their heirs, successors and assigns. DATED and SIGNED as of the day �and year first written above. Theodore Mutschler Wil .}atm. Dana d Wilson Bet ancea Wilson STATE OF WASHINGTON ) ( ss COUNTY OF K I N G ) On this day personally appeared before'me Theodore Mutachler and Margaret June Mutscher, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the purposes therein mentioned. Given under my hand and official seal this day of 1961. —�� e_ Notary Fublic in and for the State of Washington, residing at-Se� STATE OF WASHINGTON ) ) as COUNTY OF K I N G) on this day personally appeared before tad William Donald Wilson and Betty Frances Wilson, his wife, to W3 known to be the individuals described in and who executed the witin and foregoing instrument and acknowledged to me that they signed the same. -as their free and volunLary act and deed'For the purposes thereinnacentioned. Given"under my hand and official seal this Q&�=2 day of MAY 161961 AK ;I ary Public in and for the State Washington, residing at ,,Spp1101,1e f I o A r r,i,g,7 2uq r, c F P r 0, �j r'l T T jil: L% AGREEMENT BY CONTRACT VENDORS kA We, G. H. OTTO and 1AINCHA H. 6M , his wift, being the sellers under the roil estate contract described in the foregoing Easement Agreement, hereby approve of the foregoing Eakment Agreement, and agree to the terms thereof for and on behalf of ourselves and of the land being sold. DATED this day of March, 1961. G. H'.' Otto Laincha R'6:Otto STATE OF WASHINGTON ). 53 COUNTY OF K I N G On this day person " aljj► `befdrFe tie G H. Otto and Laincha. H. Otto his im's'' 'kviown td be th4i indivi- duals described in and wb.o' exelddtA t'h'e Vithin arid, foregoing instrument and acknowledged.to me that they signed the same as their free and vol' is '12j"iia disa'-foit'-thi 'Purposes therein mentioned. , I Given under my hand and official meal this .73 day of Aer. 1, - - — -, Printed: 09-29-2010 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA10-070 k: J Payment Made: 09/29/2010 11:44 AM Receipt Number: R1004297 Total Payment: 1,500.00 Current Payment Made to the Following Items: Trans Account Cade. Description 5012 000.000000.007.345 Final Plat Payments made for this receipt Trans Method Description ---------- -------- ------------------------------ Payment Check 1230 Account Balances Trans Account Code Description Payee: CAMWEST DEVELOPMENT LLC Amount --------------- 1,500.00 3021 303.000000.020.345 Park Mitigation Fee 5006 000.000000.007.345 Annexation Fees 5007 000.000000.011.345 Appeals/Waivers 5008 000.000000.007.345 Binding Site/Short Plat 5009 000.000000.007.345 Conditional Use Fees 5010 000.000000.007.345 Environmental Review 5011 000.000000.007.345 Prelim/Tentative Plat 5012 000.000000.007.345 Final Plat 5013 000.000000.007.345 PUD 5014 000.000000.007.345 Grading & Filling Fees 5015 000.000000.007.345 Lot Line Adjustment 5016 000.000000.007.345 Mobile Home Parks 5017 000.000000.007.345 Rezone 5016 000.000000.007.345 Routine Vegetation Mgmt 5019 000.000000.007.345 Shoreline Subst Dev 5020 000.000000.007.345 Site Plan Approval 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 5022 000.000000.007.345 Variance Fees 5024 000.000000.007.345 Conditional Approval Fee 5036 000.000000.007.345 Comprehensive Plan Amend 5909 000.000000.002.341 Booklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE - USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.000000.000.231 Tax Remaining Balance Due: $0.00 Amount 1,500.00 Balance Due --------------- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00