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WASHINGTON 1 1 1 1 PARCEL NO. 1 PARCEL NO. 1 1 f- 1 TRACT B 28 I 1123059035 1123059049 PARCEL NO. -------r------;---------:~7"~L---_;~NA'T~2~7.~2'7.~.~~~I--l\--~~~~--J----~1~1~2:3:0:5::9~0:4:0~--__1r--------I I I 26.65' 26.6~ , ! 276.71' 1164.87' "I i / 2~_5' 28.,5' ) ( \ DOE or \ 19816' : 5 i 4 Ii;! r,' I A'" '" \ ,~o \f""'" ""'" / I / "'-~ ~ / ----wmNCI IIl.mR \ I I I!'!'" / ....... --__ j , , ,~ " / 27 6 I----- 26 I I (j (" \ :::::: ------'-------L----/~'3 1 } ! TRACT'B . ~~ __ - ----_ --___ _ 0.: " I (OPEN SPACE/sENSITIV'E AREA) 1 .... '" _ I B7955 SF, I:::l I C) 1 l".//1, I ~; TRACT C • VJ -25 I~ '" -"'-'" (j /:." -• • i; iI :;: . ~ i-~ ".> V) g I I;::; b (MURE DlVELOPhlENT) wi .... ...-..., trJ tnb11 3 I ~; \ I \::I! 62371$,r ;;:'b-~c..!:l--- R L~75~ sr Q: '" '-..... I , \ z ~ 0... @-l,,~ Ii ~I '\ \" \\ \ ~~ 24 "" N 86"55".)8" ." I~ N e7"3(I'13" 'II , C\J ~. 2 0-iL c -:r'·0·m .I'.~" \ \ I-~...,;--- i; ~ 5M2 S.F. I ;; r-C~ 1 u, '\ \· ... ·---_1 \ ~ §2 z @ /u -., 69QJS.F. ~~ '\ \ e:; 23 --j=j-+---"."2w!!.t-~I'I'""·~14~ .•• fll ::LI~,,©.!!::·rIJ;~l"IN;~~'27"'.21i"'~.iifIIN1!!"~1.:':-O-O::-D-l\\ -1-........ 00 00'.---", .. "" .. '-.. ___ Jr-~ -:2- 1_ __ "'I "I 20 1 /9 1 " ~cir /~~, TRACT I I 1 \ I I J;GS 22-27 " 0 " 100 100 II I " I I I I Scale 1" = 50' ~STAlE Pl.ANE COORlltNATE S'I'SlUI NORlll I~E (N.oJ) 1IJ/91) fOlI!PMfNT AND pROCEDURES A 5" ElECTRONIC TOTAL STAllON WAS UsrD ,OR TIllS 'IUD TRA'oOIS( SURlIEr. ACWRACY "EETS 00 [XCUDS W A.C. 352-130 .... 090 = ~ ALL FROtH CORNERS ARE MARkED ,\11TH A TACK AND LS WASHER STAMPED "35"~" IN A LEAD PlUG AT lHl: PROPERTY LINE EXTENDED TO THE TOP Of" aJR9. REFER TO TIlE Cl!RB PLUG T.oa.E ON !n:[l 3 fOR OIS14NCES F'ROIoI CURB PLUG TO fRONT PROPERlY CORNER WlEllil ° ® © SET 1/2" X 24" RESIIR WITH! 3/4" PLASllC c,o.p SlAAIPED -t.!~ GU.t.IAN &0 ASSOCIATES 32434/35145" St., 4" • 4" CONCRETE 1ION~EN1 WITH 1 s/ll" BII.I.SS DISC wrm ")(" ST~f'f:D ·35145· IN ST,lljIWlO KJN(J COUNTY CASE. (UNLHS OTHERWESE NOTED) 10' IJllUTIts £AS("ENT, SEE rASEIllENT PROVISIONS, HOlE 1. SH£ET 2. 1~' ACCESS AND UTlJTY EASEWENT. sa EAS£WENT pR(Msmtl NOTE 2. SJ-4EU 2. CLUSTtR LOT PER CIT'[ Of RENTON r.lUNK:IPAL CODE SEE CON~noNS. COVE~ AND 1!£STPICT10tlS tIOTE \ SHEET 2. ;~ I LENGTH " ~" " 39.99 " 32.32 " 39,27 " ,.e " 7.M " ." " 11.70 ". 18.29 '" 36116 TAG If.BLE ot!lEcno~/DEUA 1f17'11" 6'1]'11" 8'17'\ '" 9(J'OO'OO' 5·~·n· II 00'1~'50' E N 00'14'50· E N 00'14'50" E N 8"28'00' W II 1IT27'ZI" VI ~"' z~_oo ~7G.~ 223.50 25.00 73.50 JOB NO. 11085 SHEET 5 OF 5 21 Mead Gilman & Assoc. Professional Land Surveyors P.O. BOX 289, WOODINViLLE, WA 98072 PHONE; (425) 486-1252 fAX: (425) 486 6108 , • OLYMPUS VILLA PLAT am CITY OF . ~ RENTON RENTON, L " 0 ~ 0 z 0 -n .... '" m ~ ." en ::;; j2 0 -n en m " g z .... ~ z en '" '6 ~ '" :z ~ Gl m en ~ :-< ::;; i:: LU~D~~;;~g.~;;FP OLYMPUS VILLA VOL/pG L------1 NW 1/4, SW 1/4, SEC. 11, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I I , I I 1 1 I I ~ 'I 1 PARCEL NO. I PARCEL NO I PARCEL NO I ;::::: 11230599084 I 1123059032 I 1123059039 PARCEL NO. 1'1l, _ I 1123059068 ».1 I 11~.81· 70,00' 7o.~·87'27' ,. W. 11&4.87' s: GY 70.00 70.00' 60,00' 11000' . [li C'Y '\ . 150.00 7U"_r <: 1 't-~ (). ()'O ~ "" /" I C::' « 'i' ()",'!J ~' TRACT A ~ ~ 11 ;,;. 1 0 .. " 9 . ~ " "" ' I'1lI .,~ ~ = ~ e181 S.F. ~ t:! 8181 s.r. ; ~ 6'81 $.F. ! ~ 8 F i! ~ 7 I Pl 6 ~ ~ 5. .." 4 I , I-' '" ~ -'" :: ~ !lUll s.. = ~ 7012 s.r. :'!.q 7012 s.r . .; ~ 7012 sr. ! ~ /" I .. I <C., L2 • • .' ~ @ /"'" -,. '\ :r. z :or: '" @ -'" © ;:: '" @ ::'" e.5(lJ SF 8~! I'1l f' 30' = 8.42' ..a4!j~~.JiJ' CII 7J.0II' 70.00' I--, L I ~,I' J: J. . "S;C 70.00 70.00' . -. . -. _ I~st. ~ 30.02::; ~ 58.18 cJ ti 2 NE 7TH PLACE ~ 70.00 eo.: eo.oo· i50.00· C1018.28' <:,'I; '-' I .. _ ... .5' -(,!) N er27'2" I\' ~ JT~.5.2" gj J N 8727'2'" W .542.gS'! ~ LS it I OJO.2o' "J; () I PARCEL NO. . -----, U' 1123059002 ~ 3 \ V)! ' 1 ~ !~: I 1 ~ -------~ " i I ~ I I I~------! 2/ ! , 1 ---~~~I TRACT-r-~~~~~_-I :, II I 1 PARCEL NO. 1 I 21 I 1 , 1123059092 , I f------_J 1--III , 1 I 22 I' '- I I City Of A I I ! 'II I I II 'I '\ T Planning Dienton Scale 1" = 50' VISion I I ~~I~~~~STATE PLANe COORDINATE srsTE~ NORTH ZON[ SEP 2 I ~ '"''' w", . 8 LUll EDlJIpMENT AND pROCEOURES A 5" ELEC1R(:t;1C TOT.t.L STAnON WAS = FOR mls flEW T"I; TABU: fRl~' ' ~~i~~~'i;. TRAVERSE SURVEY. ACCU~ACY MEETS 00 EXCEEDS WAC. cc; ~;£}"fjlf' 3J2-1~-OOO TAG' U:NG~ DlPEcnON/OCLTA RAOIUS ff:::gnn ~~. "-lr, tfQIE.S. CI IM6 9'3;"37" IO(HIO /.f;1 W lJ:::rf) c '-'tv; "': All F]!ONT CORNEJlS ARE MARK£D WITH A TACK.o.tIO lS W~S<1EJ1 C2 1666 5r3~'J7" 10000 l!.;;ll::d/ ~" ~~/~ STAt.lPED "J~a5" IN A lEAD PLUG AT mE PROPERTY UNE CJ 10 .... 5 5'5S'22" 100.00 q,..· •• >I'rJ:>14:;\."" .... "" i!:~og: ~JiEJTi"'OR~SCT~'hsRWc!t ~~LC:~ciW;~)tH C9 39.27 90"00'00" 25.00 .s'~o~(~)~;~~""" PRQP(RTY CORNEll, CIO IJ.22 5"9'22" 126.M --a.\'l.I-\.l) (xPlRES~ .. hJ ~ CII 12.39 5rJi'Z7" 73.50 • ~~;.{r {Jt" G~~ ~i.1~~s~/~.w L1 ~4.42 N 00"17'36" E < S SET 4" • 4" CONCRETE loIOtIlJWE)(f wrnl I 5/8" 8AASS L2 11507 N 8r27'21" W • f2 DISC W1TH "X" STAt.lPED -J514~· IN ST~OAAO KING L3 103." •• ", II .. .·.11 Mead GIlman & Assoc '-COUtfTY c.o.5E. (UNLESS OTHERWISE NOTEO)' .1~' .' . "11 o 10' UTlunES USEt.lEJH. SEE fAS(t.lrtIT P~ONS. 14 42.&1 N 7747'44" W " .~. C) NOTE I SHEET Z. l5 eve N ~I'~~"OO" W -.,' ~ ;" . co.. ProfeSSional Land Surveyors ® ~rr~~'iRc~N~TS~,.J's'=~NS~E I l7 san H Br21"21: W " ~.~. . P.O. BOX 289, WOODINVILLE, WA 98072 SHEET 2. JOB NO. 11085 .. PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 4 OF 5 LUA-10-090-FP LND-1X-OXXX OLYMPUS VILLA r PG / NW 1/4, SW 1/4, SEC, 11, T, 23 N" R, 5 E" W,M, CITY OF RENTON, KING COUNTY, WASHINGTON ~' 10 \ -. N ~SW·I;;::sEC.T"1.'"rWP _I "-2JN" RG[ 5[._ 'II II PER REr. 1 , (;) I. ,~ T lJ-iI' SHEE;I-1.------------l-----.:-_1-________ ~t!m_L ___________ _I1 <: r------------------. Ii: I : kJ , ' 1320' (0). '''',27' (c •. 02) , :s; "r",·,o:_= N 8727'" • """'''' : '\1 11 r TR A 11 10 9 8 7 6 liS 4' ~ ~~,,~.~\t"e.~~ 1 lJ-i;" ~ . "'-"'w~" --.. , -.IN ':±"'-I ') ~, ~ ", -'-'-J, CT B '-li!1 "': 0 l2 NE 7TH PLACE I 1 0: TRA TRACT d ~I ~ ~ k "-N 8727'2>" • ""',20' .. z 1 ,~ I I "" 1" • .,,, ,e, / II~ 3 1 a, e I ~. , I l! ~ ,{XI "' I i~ , i ~ ~2 ,;"1' 1 1 ~ i "lL Z '<.. I ~ , . , '" _. --. -.. -' -. -=_:...-=-__ ==-__ -E.' ., N 57'27'2'· W' . -&46.00" ,,2', . _ . I ,'L_______________________ 'J ", '-~~-""------t ~I L--------------HHO PEll REr. I. TAG lABl-~ ,~ . LENGTH DIRECTION/OUTA FWlIUS 1 U $-4.4l N OO'll'JG" E U 95.07 N 81'27'2'" VI " 10308 N 00'17'36" ( , + 'rii) I@ ~ s:~c 88'22'14" 'II 262~.OO· 10 \1 iN-iiS-22:'iii=W-262i6J-COR)--11~ 1. City Of Renton Planning DiVision CURII PLU() TABLE ~, "" DIST. TO COR. I/BHDRY I~ )0' , )0' 200 "'" 111111 ! ! Scale 1" = lOa' ~A~~~~STATE P\../o.NE COOROINHE SYSTE~ NOR1l1 ZONE(HAlI 83/91) EQUiPMENT AND PROCEDURES A 5" ElECl1'!ONIC TOTAL STATlON WAS USEO FOIl T\1IS Fl<:Ul TRAIlERS£ SURIlEY. ACCUR~CY IoIITTS OR EXCEEDS W.A C JJZ-IJO-()90. REfERENCES 1. Pl..AT or VltNQWOOO DI\olSiON I. AS R'ECOROOlIN va... 192 or PL ... TS. "'T PAGES 5O-B5. UNOER RECOOtlll'lO NUMBER I MONUMENT lEGEND 0, WEST 1/4 COi!NER. SECTION II. TOWNSH1P 2:lN .. fWoI(;E 5[., W U fOlJNO 4',4' COIfCf!El'[ WONVIIEHT 'I¥I1'H 2' B!I.OSS DISC SE1 1.6' OOWN IN CASE AT TME ItlTERSECTIOtl Of NILE A""'NUE N£ AND NE 120TH ST. HEW FOR POSJIION. \3/06) SEP 28 lOn ® SOUTHWEST CORNER SECTlON II. TOWNSHIP 2.lN .. RANGE 5£. ALSO CITY OF RENTON CONTROL UONUUENT _B£R 1~52. f'OIJNO J' PLtICHED BRASS 01SC SE1 Fll/SH IN cotICfIl:lt: ROAD SUIlf.ocE AT THE INltRS£CTION or 4Tt1 ST ANU ~L£ AVE NE. HELlI fOR 1 "\ J5145 .' .. ... ;;fr.~!~.T.E.~1-~ O"'~t l~" E~PIRES S) .,!~ 1 "!"In 1/111 B "'-'j' JjF.lNDRY 'j. >j' 'j' 'j' .j. 9/10 10/11 II/Ill:. A l1'!. A/BNORY 19991222001199 ROTATION. (3/06) @ CIN or RENTON CONTROL 1oI0NUloI£NT NO 1851. NOT '<1$I1£D ~ 1~li ... ··1 Mead Gilman & Assoc .;;;: .,' Professional Land S • J08 NO, 11085 ~, '.. P.O BOX 289 urveyors SHEET 3 OF 5 PHONE: (425) 4 . WOODINVILLE. WA 98072 86-1252 FAX:. (425) 486-6108 2 PLAT OF' UAURt:(N HIGHLANDS. DI'<1S1ON II. AS RECORDED IN VOL 227 or PLATS. A1 PA= 1-5. UNDER RECOROINQ M.FU!lER 2OO5022040014~ ~ " QO(9-9Q" (<;l.,) l<;l \ -9Q-t (O;:l.,) :3NOHd [I] S -'0 l 133HS :XVj SemL 'ON 80r lL096 VM '3llIIlNIOOOM '6SZ; X08 'O'd SlO,(~Alns pUll! [1!uO!ss~Jold <> ~lNOl!i$nflO:l.II ~ ·;lOSSV 1il UIlWIlD pllilW 'n!lNOS3ll """"_~ JJ :lIns lIHI. W. 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" [I] '\.. il'~ i ~~ii I :;:w~ .. !I:~"'''' ... ~~g ~s§~ • . • ~ ~ ... ~ , .. ~ " ~~ ,,~ ~O .N ~t:i "W '5"; ~ ~, " ~~ : ~~ ~ H!~ -hI ~si~ nd~ ~ ~N5~i~ ~ d P B: ~PU;;H i'jidIL .. U 1!l~hiUn~ CONIFEROUS TREE P!ANTlNG DETAJt. _._" -~-""=- !KlrTOSGII.' :::!::..~~/ SHRUB PlANTING DETAIL ~ TREE PLAJITlNGDETAR.. MlTro~E FEN£~I}!!AJL BUffER £NHANC£IIEJI1 P/.ANTINGUST "'" """ '""' """ 0 " .. ~---'"' ''''''"'' '''' I'O.G .- ~~OONP/.NflINGUST am """ ~ ""'" '"' "'~ 4 (;) " "" .... ' .. --8'OC --~4'-"-'~' • siiiif. 3/1 I I ® 23 ~F" ~ "" 8'O-C. --"""" @ n ~--' .. roc. ----0 Q ~~ ". troc. -- ""'" @ ~ --". roc. --.- '" ~ ... -' .. 6'O.C ----® " "", .... ' .. 6'oc. ----e 50 1=-'" 6'OC --0 ~ -'''' 4'O,C. -----@ n (\) ~ 0 • 0 , 0 • Notes: '---,r-' --' .. ,.c.c ~~ ----,,.. 6'OC ~------" . 4'O,C. ... ~ ---". ~oc -----~--" . 4'OC --.- Planting areas shall be cleared of Non-native invasive species such as Himalyan Blackberry, Scotch broom, and purple loosestrife and others as determined by City. Clearing will be conducted by hand in from buffer and wetlond creation areas where grading will not occur. Newly installed plants must be flogged with high visibility flogging. Flagging to be installed on branches {not main stem}. !;!):.l"!liliRt !tF!::~ ..... ~ ==u=-" c- ItyOF p/Cfl). lIel}~ /)/I)g D.. (C:, ~v/SIOI) i£~EE ""!,,,,~J!:0iI' II --'i =_.:5:SP-== lliii"'! S[p 2 8. (fill WETLAND SIGN DETAIL ~~It'~IV~.© .. ,,"''''''' ~A "''''~W';;. !!i> Sewal' We\land C"" .... ain9. Inc. NOr!. __ 1fI(NUD8YM540GLUW_~1fS "'"_..,..r>._ .. _,,.,.. ... · .... ,,,,.,..w·,, .. 1, <1<l<l<l D I I « z -' « -'z-' 500... i= (/)«'" :::>0~ [L-f-L~Z >-2« -' -' o [L _No.~ _.,-I.L..- "'."" by.....o!l!:....--,,--!Ia''''~ ..,., -"'- ~ .. 4 , ~ ,. ... -SCo\I.£I·~J(f= L~8 Clearing and Grading Noles: Biologist to be on-site during wetland creation grading. Planting Greas sholl be cleared of Nan-native invasive species such as Himalyon Blackberry, Scotch broom, and purple loosestrife. Grading Requirements: A person who clears, grades or otherwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from Ihe site to drainage facilities, water resaurces and adjacent properties. Erosion and sediment controls sholl be applied as specified by Ihe temporary erosion and sediment control measures and performance criteria and implementation requirements in the Surface Water Design Manual. Seqsonql Limitations· From October 1st through April 30th, which is the seasonal limitation period, clearing and grading sholl only be permitted if shown to the satisfaction of the Director thai runaff leaving the construction site will comply with the erosion and sediment control measures and performonce criteria and implementation requirements in the Surface Water Design Manual through a combinotion of the following: o. Site conditions including vegetative coverage. stope, soil Iype and proximity 10 receiving waters; and b. Proposed limitations on activities and the extent of disturbed areas; and c. Proposed erosion cnd sedimentation control measures. 6 --_ ... --_.-... . ___ ~._a ...... _ ._----------------._._-,---------_._-----, .. -~-.. -.--.-._--_ ... __ .. _- ---~-.,--. --~-~-"., ..... ---.. ---~---.-~. ~ __ H_"._~ ___ _ --.~-.-.. ---~-~-­-_ ... .-.. __ . -------,--._---_._-----,<_._ .. , .--.~' ---=:.,. , =e*,,-,=~ i?".J:';'::;'",_ J ~ City Of Renton Planning DiViSiOn MOl£:~IW'_"''''''''''''''_.u:JCl::MIU Sfp 28 fUi/ ~A ~ Sewoll Wetland Con.~I\ing, Inc. """_ ..... ,.._ .. -. ......... ""1 ,,, _ ...... '" ~/t)) <fl<J<J<J D , , « z « ...J CL ...J ...JZCl 50~ -0 (1)1-« ::o«(}' o...S2c:> ::;;~ >-::;;0 ...J Z o « ...J I- W S ........ ~ -.--"---o.."".~~ -,,-- Do'", .l!!r..!!!!.L "'" '" :; I lnOA \il dJ,una l\iNLJ \illlA snd~A lO --~ ~~ r.~ ----rll , I . 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'S1'~ '017' ".,"'.~'" ;~(.l ,\W'Ci ~t:.~ 'l'p.,C\U\\ s"\O",w.~f>. ~., ~ PlANf 5CH~t?Ul~ ~OffNICI'I-NAMI' COMMON NmI' fRfb P?eUdot.5ilI:1.3 menzle511 Dc.ula5 fir i'<enubrum 'Red ~' Red MaPe Pnru5 cer~lfera ''fh.rIr:::lerdrud' flo,o,rerh';j Plum fuJja plicala W"tem Red Ce.a II fOfI'l-cOf5 X 21H',5! cOf MINIMUM' 22 m;,5 Rl'QulRl'D ~LIB5 and GROUND COVET i",'S§;\I Pntosta;>h41105 LNa"',,' KlmlKlnnlK Q1Y 6 '17 II <; ,,-0\ ~,,,,o:.'l.\.? 1'1' 'E.-\.~~0Zl' 7th PLACE ~Z, <;'-6' hi; 15° cal 15" cal <;'-6' hi; 22 m;[5 PROVIDl'D 1.680 I q>1", Q,,, Rl'MPRK5 h~1 a,d Makh"'l f,,' ",d Makh"'l foil ",d Makhl"1 foil a,d Makh", f,,' a,d Makh"'l \f.\~ f- <e -' CL z so City of Renton <en -.lS:<l.. -'~'" Planning Division 5~~ ~ (j)t5~ =>~ SEP 28 lUn CL'" 2'" >- -' 0 fRi~(G~OW~© / Plart 70" O,c. ~ b I ~v. .... 1 LA-02 :oar 2 .. 2 i' < . " . 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'" ..... ,~: ...... '.~L. '~:. ..tig~;"J ZJ N "7"~7'21· W II~.OT • 700' 600' 110.0" (10.0' 18.3.7,!jJtJ ~ 30':'" ~ _r fI' w:~ -12,.", 17.2' 73" 10.0' 70.0' 70.0 '. ..,~;;:: ;Z; .!I .... ' NE 7th PLACE _NE..J1h..eLA.CE__ _ __ _ '" __ l(u , C1~,-, ... S·"'fit' Of'~e. So.· . e,1.9 ~ --------, ~ ,c(J w iI ,.... l"." '" !:1'\ N H 0727'21' W " •• ,~ I • ~ "'1 '11Q Lfs 138.9' HI.J· 1iI5 ~. -•.. "fI;i;~l!.O' t.Q., EASEMENT • 21 r:1 nt.L~. fI~. -'0 ~ .. ','aI"'.:',.p..;" I " R.T : •. ·.f{ID.O·· ••.. :l t:; ·!\':~r-:.,: v -,;11"'" ;' Ct) w .• '19-,.......... I ~ ~ , .............. ,~ ( Q, f--c,."" ...... ,.oc, .. -::: .... 7., - ; l:GtJ.~t . ~ i_tiL. . s ~ ><00: n· , . \.."" ",. " a 2;:: ~9~ j' 211~~ 26.5':3 1f).e.~ OU ~ g fJ~: I') : • : -7,5.01'''''8,11 N 67'21'2'-W 84.5.00' 1'SSVl'1 Met h '5choo I PUS ~ ;; w ~ li z' . I ~'r "~ ':;~'.'. . , .' , . ··, .. ·-:---:::;:,;-:~~:.c ,.;~; .. -"-._';:~:"'::'~ '.' ::":".".:, .. ".~,,-'::.:; __ :'':':.i~-~'.:·. -.':, ", :';'"'.:"_":_:"~ ....... ":-' .',' ... :-,:-:,~:;;~; . ~'-'-"_'_'-'-._' __ '":-__ ' . • '~< . Denis Law . C·_-, City of 1 ~-,.-' ....,;Mayo .... ' . ~~~j: ';,: 'J-fJf~}l , .. ' .... , , Departm~nt of Community and Economic Development c.E. "Chip·Vinc~nt Administrator . '.' '.' . erN OF RENTON ... -. i i ····1 oJ ' .. " .···4/11/2013 . '~' . MAY 10 zonl .......... '. • RECEIVED .'" •...... ' ···.1 .' CITY CLERK'S OFFICE •. " . . ', .. -., . ". . ~ .: 'TO WHOM IT MAY CONCERN: .. . "'Su/}ject: .New Platsand $hortPlats in the City bfReni~n ' .• Pleas,e .seeatt~thed site~plansof newplats and short plats and multi-building •... '. '.' . · developmentsthathave.recentlybeen addressed. Some ofthese are recorded and I . ·am supplying anst ofnew.parcelnumb~rswiththe new addresses, If the pl<itis not .' .recorded(NR), I am6nly,givingyouthe piatmap wfththe iiew potential addresses.'. . . . ' written on it. Right now 1 only have tirrie to. dothe plats starting y;ith A~F.· COming later' . · willbetherestofthe alphabet! . .' '. .. . . . · Please acrdthese~ddresses;oyciui titydi~ectoriesandinapt .', ,.' N~6th sireet Sh~rt:Plat{NR; .. Bedan Plat(NR) ...... . . "' .. . ' .. Br.emerton Townhomes Plat (NR) · Cairnes'Short Plat· .' '. . Cedar River statio~ · Claremont Plat · DellShortPlat . Duvall/MaplesideShort Plat. Frontier BankSliort Plat. · . Sincerely, . '. Jan Conklin ., . EnergyPlans·£xaminer. . ... . Develop'm~iitServii:es Division Teiephpne: 42543a.:7276· . #l:platadd .. . . ..Alrnyer riat(NRf" ." .' . Bensoi1.:Traiis/Sandhti Plat Brookefield North' . Caval[aPlat(N R) '. ehelanRidge,Nuong . Delaney Park Plat . Dewitt Short Plat (NR) ···..Eas~wood/OlyrripusViilaPlat .-.'. .. ," . ,' . '. :.' .. ". . :.' . f I I I i : I .,1 , ! ., i 'j " _. , • PID PLATNAME PLATLOT PSTLADDRESS t07~~p()d J!(q 6389300010 OLYMPUS \ 1 700 Pasco PI NE 6389300020 OLYMPUS \ 2 701 Pasco PI NE 6389300030 OLYMPUS \ 3 707 Pasco PI NE V\~~PJ<; 6389300040 OLYMPUS \ 4 5838 NE 7th PI 6389300050 OLYMPUS \ 5 5832 NE 7th PI 6389300060 OLYMPUS \ 6 5826 NE 7th PI 6389300070 OLYMPUS \ 7 5820 NE 7th PI 6389300080 OLYMPUS \ 8 5814 NE 7th PI 6389300090 OLYMPUS' 9 5808 NE 7th PI 6389300100 OLYMPUS' 10 5802 NE 7th PI 6389300110 OLYMPUS' 11 5718 NE 7th PI 6389300120 OL YM PUS \ TRACT A 6389300130 OLYMPUS 'TRACT B 6389300140 OLYMPUS \ TRACT C , .. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVElOPMENT DATE: TO: FROM: SUBJECT: Carrie, M E M 0 RAN DUM July 24, 2012 Carrie Olson Rocale Timmons Release of Assignment of Funds Olympus Villa Mitigation Installation City of Renton LU~0'l , -01 <t CITY OF RENTON JUL 2 4 2012 RECEIVED CITY CLERK'S OFFICE Please initiate the paperwork to release, the assignment of funds for the installation of . the mitigation project for the Olympus Villa Preliminary Plat. The amount is for $1;3,594.98. The release applies to the wetland mitigation installation. A copy ofthe paperwork should also go in the yellow file and to the City Clerk's office. Thank you! h:\ced\planning\current planning\wetlands\olympus villa\tnstall assignment of funds· release.doc I I ! " -'"'. Denis Law Mayor " , Department 6f Cornmunity and Economic Developm'ent' , ' ,C,E,"Chip"Vincent, Adm(nistrator July 24,2012 CAMWEST DEVELOPMENT LLC 9720 NE 120th Place Kirkland W A 9803,4 ' SUBJECT: RELEASE OF WETLAND MITIGATION, MAINTENANCE & , MONITORING BOND FOR OLYMPUS VILLA PLAT ' This letter will serve as authority to release the \\ietlandMitigation,Malntenance & Mo~itorlng Bond (Assignment of Funds #2300139790 inthe amount of$13;594,98," ' If you have aily questions, please contact RocaleTimmons at (425 430-7219), , Sincerely,' , , ~~~'-,-"-'~',~~~~--~~~~~~~~~~~~~ ~'~"'",~, 1ennif;Helilling,' , • Planning Manager Enclosure: Copy, of Assigliment of Funds Cc:LUAII-0?9 file ". I:\M~BondReV UJAI1-079.doc/c91~on,: " .. Renton City H'all ~ 1055 South Grady Way • Rento~, washi~gton.98057 • rent6nwa,gov . ...' ~. . , .. '" . ASSt6f,.;.jb·-I£ 1. T ot::: A.....It-JDS JR /'-1ItIGAiION P~77f-..J6 "-";UEt.JE£.. SUlSHI rTED 70 6/rt: Washington Trust Bank 1ft ....... ' .' '. ASSIGNMENT OF FUNDS TO THE CITY OF RENTON ApPLICANT: Camwest DeveloEment LLC BANK: Washington Trust Bank Owner: Camwest DeveloEment LLC Branch: Bellevue Address: 9720 NEI20ili PL Address: .. 10500NE8(6 Street Ste HOO . Kirkland, W A 98034 Bellevue, WA 98004 Phone: 425·825·1955 Phone: 425-709-5508 Fax: 425-825-1565 Fax: 425-709,5501 Attentign: John Parpart Attention:' DebbrahSaner . Title: VP -Finance Title: Client Service Manager The above referenced bank hereby certifies that $ $13,594.98 is on deposit in.account # 2300139790 , under the mime 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:· Olympus Villa Location! Address of Plat Or Project:· East side of Nile Ave. NE, and approximateIy 85'0 feet north of NE 6th St.in Renton, W A- The required work is .generally described as follows: ."q;'S1~l1ati~ri· of iI\e:ZVetia~d. aAd i\vetlii,n~}?gffef,mlt!~~l(Or:p!alitiifg~~s.'~,)WWl: o!':lY,~~,I~[1d' mitigati~n pians, prepared by Sewall Wetland Consulting fortbe plat of Olympus Villa,datedMay; 201 L ' . ,. , The bank hereby certifies ahd 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 Ciiy within 10' days of receivirigwritten notice that the City has determined that theTequired 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 shaUnot interplead or in any' manner delay payment of said, funs to the City, The applicant hereby agrces to. this Assignment of Funds and that its obligation to perforiri 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. Tbese flInds may not be assighed, ple'dged, used as seCUrity or otherwise made available to tbeapplicall~ bank or third party without the prior written. consent ofthc City, WASHINGTON TRUST BANK ~Plicant !~ . \{J1/'-z'2A i L2<'¢~) /I~ ~Uth~rized ~gn7e . . I '. . , ~ ..t:YeJ.-/Ct=/ l .. ,/,,1 Q;,t_LTCI'->/ tAc,-c. Name, Title,.-90.ES;c.v.=:J,j; .POA:;. '"'D;:;-;eb'--0--'r""ah'--;;San-er-,-:C"'IC"je-n7t"'S-efVl-.7:c-e-;M-;, '-an-a-g-er~--~ . .1-~Llf·:: /-£) A'-Ir:~!--lrr Western'Washingt~m Region, Bellevue Office . "10500 NE 8th Street, Suite 1100 BeIlevue,_Washington, 98004 Date '-:;//'1/// ' Phone(425) 7oM500 . FriJ12f9,liW15fiO l C:\Documci1ts and Settings\dsaner\Local Settings\Tcmporary Int~I!fl'd\~12\Assignment of Funds.for Wetland Mitigati_on 7-1 5-1 l.doc ( --. - - - -. 05/07 , 2 3 4 5 6 7 8 9 10 II 12 13 14 15 • CITY OF RENTON FEB 032012 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Olympus Villa Final Plat LUAII-079FP ) ) ) FINAL DECISION ) ) ) ) ) ---------------------------) Summary 16 The Applicant has applied for final plat approval for the Olympus Villa subdivision. The final plat is 17 18 approved subject to conditions. Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: 1. January 10, 2012 memo from Ameta Henninger to Hearing Examiner. 2. December 29,2011 staff report. Findings of Fact FINAL PLAT - 1 I 2 3 4 5 6 7 '8 9 10 II 12 13 14 15 • CITY OF RENTON FEB 032012 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Olympus Villa Final Plat LUAII-079FP ) ) ) FINAL DECISION ) ) ) ) ) ) Summary 16 The Applicant has applied for final plat approval for the Olympus Villa subdivision. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. January 10,2012 memo from Ameta Henninger to Hearing Examiner. 2. December 29,2011 staff report. Findings of Fact FINAL PLAT -I ; .. .,. 1 Procedural: 2 3 4 5 6 7 8 9 10 II 12 13 14 I. Applicant. CamWest Olympus Villa, 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 an II lot subdivision. The Hearing Examiner approved the preliminary plat on April 22, 2011. The subdivision property comprises 6.72 acres. It is located at NE 7 th PI, from Nile Ave NE to Pasco PI NE. 4. Consistency with PreliminarY Plat Conditions. The Applicant has complied with all preliminary plat conditions of approval as detailed in the staff report, Ex. 2, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: I. Authority of Hearing Examiner. RMC 4-7-11O(C) provides that the hearing examiner shall 15 approve all final plats. 16 17 18 19 20 21 22 23 24 25 26 Substantive: 2. Aoolicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No.4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following conditions: I. 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. FINAL PLAT - 2 -. 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. DATED this 1st day of February, 2012. ~ .. -~.J?c/< Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 0(E)(9) and/or RMC 4-8-11 O(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 0(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 e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11 0(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shaH commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM December 12, 20 II Rocale Timmons Arneta Henninger, X7298 ~ OLYMPUS VILLA FINAL PLAT LUA 11-079FP 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: cc: ·Yellow File ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CITY OF RENTON ~ FEB 032012 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Olympus Villa Final Plat LUAII-079FP ) ) ) FlNAL DECISION ) ) ) ) ) ) Summary 16 The Applicant has applied for final plat approval for the Olympus Villa subdivision. The fmal plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application forfmal plat: 1. January 10, 2012 memo from Ameta Henninger to Hearing Examiner. 2. December 29,2011 staff report. Findings of Fact FlNAL PLAT -I 1 2 3 ) • 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 4 DATED this 1st day ofFebruary, 2012. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11O(E)(9) and/or RMC 4-8-11O(F)(I) provides that the fina1 plat approval of the hearing examiner is [mal 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 e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11O(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 OLYMPUS VILLA FINAL PLAT .J LUA 11-079FP l ~ (0 ' 0'7 OJ ~ Built prints sent to inspector r II ~l1.J)lU . ~ Auilt prints approved I.. l ~ 1 \.. /f.P l V ~ ~uilt mylars submitted i rd/ q) ~ 0 \ '1.. ~ Built street light mylars submitted r--J "i l 't.>'O \ 1,. ~eet lighting permit finaled 1'.aU / S/ Z 0 ( 't---' I'Monument cards submitted -::r..tfl' .J..-l 1 'Ltc) \ V ~pector signed of (on construction permit (includes mailboxes) 1..e-b z.. "'l/) -z. D I Z- . /' t. c tJ]) '7 u 9 / f/i 0-(1 ~ -L 11 7..:(/ I '1.,011...- V ~al ost Data, Bill of Sale, Maintenance Bond posted .., /"3 0 vr~c Parks, Fire Mitigation fees "? I ., () ../p;anner approves final plat A., N 'r, '2 0 I Z, ~tland plans, construction, issues approved vle'7ical Services recommends approval (-j:t e---' ~p~. v-fayonklin recommends approval 8~ 3/ "0 01 'L ~heck to courier "? / -; 0 l,--z... Original HOA submitted /coreY/Fi~1 r..v 1,,"" 1f)1'V ~ I,,-,/~ .. ll/ ~G ~/l -() II I (.:7" f5 '1 AH Last update .J.2fni201 I 4.85 Plvt" DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: CC: FROM: SUBJECT: MEMORANDUM April 3, 2012 Linda M. Holly P. Jan I. Carrie Kayren Kittrick Arneta x7298 OLYMPUS VILLA DRAW #3587 DEF 11-010 Attached please find the security device posted by the above plat for the installation of the final lift for the Olympus Villa plat located at NE i h PI from Nile Ave NE to Pasco PI NE. FYI You may notice that this security device is different from others I have sent. Please note that this security device sent by this company has been sent to the City Attorney and to the City Finance Dept. for review and approval. Please also note that there is a second deferral listed for this project for the street lights. Please close the street lights deferral as the work has been completed, approved and signed off prior to recording the plat hence it was not needed. Thank you! i:\memo.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M 0 RAN 0 U M DATE: April 2, 2012 TO: Carrie cc: Kayren Kittrick FROM: Arneta x7298 SUBJECT: OLYMPUS VilLA DRAW #3587 Attached please find: o Bill of Sale o Final cost Data o Maintenance Bond o Purple form With this memo you may release any permit bonds. Thank you! i:\memo.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: TO: FROM: SUBJECT: April 2, 2012 Iwen Wang, Finance and IS Administrator Arneta Henninger X7298 ~1 t\ OLYMPUS VILLA FINAL PLAT FP 11-079 The above plat is ready for recording. Please sign the attached mylar§. I put both of the sheets for your signature on top for your convenience. If you have any questions please call me. Thank you! Cc: Kayren K. 1:\Templates\F&ISMEMO.doc\cor Printed: 03-30-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA 11·079 03/30/2012 03:06 PM Receipt Number: Total Payment: 19,101.61 Payee: Toll Bros Inc #9167128 Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000000.020.345 Park Mitigation Fee 5045 304.000000.009.345 Fire Mitigation-SFR 5050 305.000000.016.344 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check #9167128 19,101.61 Account Balances Amount 5,838.36 5,368.00 7,895.25 Trans Account Code Description Balance Due 3021 303.000000.020.345 Park Mitigation Fee 3080 503.000000.004.322 Technology Fee 3954 650.000000.000.237 Special Deposits 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 5018 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 5045 304.000000.009.345 Fire Mitigation-SFR 5050 305.000000.016.344 Traffic Mitigation Fee 5909 000.000000.002.341 Booklets/EIS/Copies .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 R1201394 Printed: 03-30-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA 11-079 03/30/2012 03:06 PM Receipt Number: Total Payment: 19,101.61 Payee: Toll Bros Inc #9167128 Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000000.020.345 Park Mitigation Fee 5045 304.000000.009.345 Fire Mitigation-SFR 5050 305.000000.016.344 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check #9167128 19,101.61 Account Balances Amount 5,838.36 5,368.00 7,895.25 ',\.', Trans Account Code Description Balance Due 3021 303.000000.020.345 Park Mitigation Fee 3080 503.000000.004.322 Technology Fee 3954 650.000000.000.237 Special Deposits 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 5018 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 5045 304.000000.009.345 Fire Mitigation-SFR 5050 305.000000.016.344 Traffic Mitigation Fee 5909 000.000000.002.341 Booklets/EIS/Copies .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 R1201394 ~ ~~~ l§fijin!8SJSfi@'Oml I March 29,2012 Arneta Henniger Development Services City of Renton 1055 S. Grady Way Renton, W A 98055 Re: Olympus Villa City of Renton File No. LUAII-079-FP, LND 10-0485 Dear Ameta: Attached are the following items associated with the Olympus Villa final plat: I. Courier's check for $ 15.81. 2. Mitigation fee check for $19,101.61. Includes parks ($5,838.36), fire ($5,368.00) and transportation ($7,895.25). 3. Two signed and notarized final plat mylars. 4. Letter of credit for toplift. 5. Two-year maintenance bond. 6. Cost Data and Inventory Sheet. 7. Bill of Sale. If you have any questions, feel free to give me a call. Sincerely, BK:wp Attach. Arneta J. Henninger From: Sent: To: Subject: Approved for final. From: Arneta J, Henninger Corey W Thomas Wednesday, February 22,20122:10 PM Arneta J. Henninger RE: OLYMPUS VILLA Sent: Wednesday, February 22, 2012 08:32 To: Corey W Thomas Subject: OLYMPUS VILLA Corey, Please do a final walk through inspection on the above plat on NE]'h PI at Nile Ave NE. If all is in order I will proceed with the recording process. Thank you!! Arneta Henninger City of Renton 425-430-7298 1 ~\ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M 0 RAN 0 U M January 10, 2012 Phil Olbrechts, Hearing Examiner Arneta Henninger, x7298 /{4 OLYMPUS VILLA FINAL PLAT LUA 11-079FP Preliminary Plat LUA 10-090 Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for . review. I have been the project manager for the plat for the City, and am in the process of finalizing all required paperwork. I recommend 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 city staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or materials are required. Thank you. attachments Cc: Neil Watts, Development Services Director Kayren Kittrick, Development Engineering Supervisor • , , DEVelOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DE1~ElOPIMENTrl;cc!fJi!m~ CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: CamWest Olympus Villa, LLC Olympus Villa Final Plat (Preliminary Plat LUA 10-090PP) File: LUA 11-079FP NE 7th PI, from Nile Ave NE to Pasco PI NE, all in Section 11, Twp. 23 N. Rng. 5 E. Final Plat for 11 single family residential lots with sanitary sewer, storm, streets, lighting, and (Water District 90) water. Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, CamWest Olympus Villa, LLC, filed a request for approval of an 11 lot Final Plat. 2. The yellow file containing all staff reports, S'tate Environmental Policy Act {SEPAl documentation, and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERe), the City's responsible official, issued a Determination of Non-Significance-Mitigated on January 31, 2011, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 7th PI, from Nile Ave NE to Pasco PI NE. The new plat is located in Section 11, Twp. 23 N. Rng. 5 E. 6. The subject site is a 6.72 acre parcel. 7. The Preliminary Plat received Hearing Examiner approval on April 22, 2011. 8. The property is located within the R-4 Zoning. , , • .I 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review: o The applicant shall pay a Parks and Recreation Impact fee, as determined by the Renton Municipal Code, at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code at the time of Final Plat Recording. Each of these mitigation fees will be paid just prior to recording of the final plat. o The applicant shall pay a Transportation Impact fee, as determined by the Renton Municipal Code, at the time of payment. The fee shall be payable to the City as specified by the Renton MunicipalCode at the time of Final Plat Recording. Each of these mitigation fees will be paid just prior to recording of the final plat. o The applicant shall pay a Fire Impact fee, as determined by the Renton Municipal Code, at the time of payment. The fee shall be payable ta the City as specified by the Renton Municipal Code at the time of Final Plat Recording. Each of these mitigation fees will be paid just prior to recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of the Preliminary Plat: 2 o Exhibit 3 is the approved preliminary plat. Revisions to approved preliminary subdivisions/plats are regulated by RMC 4-7-080M. So noted. No revisions are proposed on the final plat. o The plattor shall comply with the three mitigation measures issued as part of the Determination of Non-Significance-Mitigated, dated February 4, 2011 (Publication date is February 4, 2011; decision date is January 31,2011). Exhibits 8 and 16. Each of these mitigation fees will be paid just prior to recording of the final plat. o The plattor shall be required to place additional area within Troct A in order to comply with the 30% permanent open spoce requirement for clustering. The permanent open space easement shall be recorded prior to or concurrently with the Final Plat. Tract B, as it is identified on the final plat (identified as Tract A on the preliminary plat), has been slightly expanded so that it contains 30% of the site area. Restrictions for critical area tracts and buffers are included on Sheet 2 of the final plat and will be recorded concurrently with the final plat o The plattor shall place on the face of the plat a covenant noting the setbacks of the R-8 zoning designation apply to the clustered lots (Proposed Lots 1-7) only. The covenant shall be recorded concurrently with the Final Plat. This information is included within Note 1 under Covenants, Conditions and Restrictions on Sheet 2 of the final plat map. o A note shall be placed an the face of the plat requiring Proposed Lots 2-5 to take vehicular access from NE ih Place and requiring Proposed Lots 2 & 3 to share a common curb cut, and Proposed Lots 4 & 5 to share a common curb cut unless compelling evidence is presented prior to construction permit approval to show that shared curb cuts are not feasible. The note shall be recorded concurrently with the Final Plat. Note 2 under Covenants, Conditions and Restrictions on Sheet 2 restricts access for Lots 2-5 and also requires Lots 2 and 3 to share a common curb cut for driveway H :\CED\Development Services\Development Engineering\Arneta\Ol YMPUSVrlLAFP .doc :/ 3 access. After the preliminary plat approval, the applicant and CamWest staff met with city planning staff, Rocale Timmons and Chip Vincent, to discuss problems with having lots 4 and 5 share a common curb cut and city staff agreed that common access and a shared curb cut for these two lots was not feasible. Based on this decision, the engineering plans were drawn and approved, reorienting lots 4 and 5 so they both face NE 7th Place, with each lot having their own curb cut. o The plattor shall be required to revise the drainage report (Exhibit 6) to include conceptual sizing calculations for the detention pond and address the individual lot treatments. The revised plan shall be submitted to and approved by the Engineering Plan Reviewer prior to construction permit approval. The drainage report and plan was revised, submitted, and approved by the Engineering Plan Reviewer. o The plattor shall establish and record a permanent and irrevocable easement on the property title of the tract containing the critical area and its buffer prior to Final Plat recording. The protective easement shall be held by current and future property owners, shall run with the land, and shall prohibit development, alteration, and disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project. The enhancement project shall receive prior written approval from the city and from any other agency with jurisdiction over such activity. A critical area tract and relevant restrictions are included on the final plat map. o A covenant shall be placed on the open space tracts, restricting their separate sale, prior to Final Plat recording. Each abutting lot owner within the plat shall have an undivided interest in the tracts or the tracts shall be conveyed to the homeowner's association for the project. This is addressed in the Owner's Declaration on Sheet 1 of the final plat map. o The common boundary between the native growth protection tract and the abutting land must be permanently identified. This identificotion shall include a permanent wood split rail fence and metal signs on treated or metal posts. The permanent wood split rail fence and signs shall be installed prior to Final Plat recording. As of the date of this response, the fenced and signs were not yet installed. However, the fence and signs will be installed prior to recording the final plat. o The following note shall appear on the face of the Final Plat and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created or benefiting from this City action abutting, or including, a native growth protection tract are responsible for maintenance and protection of the tract. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless expressed written authorization by the City has been received." This condition is addressed within the Restrictions for Critical Area Tracts and Critical Areas and Buffers, which is included on Sheet 2 of the final plat map. o A note shall be placed on the face of the final plat requiring that the front yard for Lots 1-5 face toward extended Pasco Place NE. The note shall be recorded concurrently with the Final Plat. See Note 4 on Sheet 2. Also, please note that this restriction now only applies to lots 1-4 after the Planning Director allowed lots 4 and 5 to be rotated so only the front yard of lot 4 faces Pasco Place NE. H :\CED\Development Services\Development Engineering\Arneta\OL YM PUSVI LLAFP .doc ". There were no modifications on this project. 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 29TH DAY OF DECEMBER 2011 4 H:\CED\Development Services\Development Engineering\Arneta\OL YMPUSVI LLAFP .doc LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11, THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1320 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH, ALONG.SAID EAST LINE, 315 FEET; THENCE WEST 645 FEET; THENCE NORTH 157.5 FEET; THENCE WEST 675 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID WEST LINE, 157.5 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND EXCEPT THE NORTH 103 FEET OF THE WEST 95 FEET; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. "-"-. Y1CINUY MAP ~ SCALE:; 1"-500' NE 4TH ST 8.11111110111 I i ~ § :: .t'l=/l I .o'9Z % Ii:: .•. = January 9, 2012 Bruce Knowlton Cam West Olympus Villa, LLC 9720 NE 120th PI, Ste 100 Kirkland, WA 98034 Subject: Approval of Final Wetland Mitigation Plan/Proposed Maintenance & Monitoring and remaining steps for proceeding with Olympus Villa Preliminary Plat, File No. LUA10-090 Dear Mr. Knowlton: Mitigation Plan Approval: We have reviewed and approved the final wetland mitigation plan/monitoring proposal Olympus Villa Preliminary Plat received by the City on September 29, 2011. I have enclosed an approved copy for your records. The mitigation project shall be installed in conformance with the approved plan prior to recording or a separate surety device shall be provided. Next Steps: Mitigation Installation and Approval: Once the wetland mitigation has been installed (plants, sign age, fencing, etc.) pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan. You may be planning on installing the mitigation project after the plat records; in order to provide you with the amount of security necessary for the installation of the stream mitigation plantings, sign age, fencing and the ecology block wall; we will need a copy of the signed installation contract for this work. Once the City approves the contract proposal, the applicant will need to provide a installation surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 12S% of the cost to guarantee the installation of the mitigation project. As Built Plans for the Mitigation Area: A copy of the as-built plans of the approved mitigation plan, prior to recording; unless an installation surety device is provided or if plantings are installed as exactly per plan. Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, sign age, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e,g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan, The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum offive years. Monitoring and Maintenance Period Start Date: Once the mitigation project has been installed, please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5-year maintenance and monitoring period. Wetland Information Needed on Final Plat Map: RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth'Protection Easement. Please send all required information to my attention. Feel free to contact me at 425-430-7219 if you have any questions regarding this letter. Sincerely, Associate Planner cc: Ed Sewall, Sewall Wetland Consulting, Inc Jan lilian, Plan Reviewer LUA10·090 Arneta J. Henninger From: Arneta J. Henninger Sent: To: Monday, January 09,201210:05 AM 'Bruce Knowlton' Cc: Subject: Rocale Timmons; Jennifer T. Henning; Kayren K. Kittrick FW: OLYMPUS VILLA Attachments: Olumpus Villa Mitigation Plan Approvai.doc Bruce , As promised, I am forwarding the Planning comments to you. Arneta Henninger City of Renton 425-430-7298 From: Rocale Timmons Sent: Monday, January 09, 2012 9:58 AM To: Arneta J. Henninger Cc: Jennifer T. Henning; Kayren K. Kittrick Subject: RE: OLYMPUS VILLA Hello Arneta, In addition to the landscaping the applicant is required to plant for the wetland mitigation and provide sureties for monitoring prior to recording. Attached you will find a letter of approval for the mitigation plan and next steps required by the applicant which will be forwarded to the applicant today. Please let me know if you have any additional questions. Thank you. Rocale T. From: Arneta J. Henninger Sent: Friday, December 30,2011 3:24 PM To: Rocale Timmons Cc: Jennifer T. Henning; Kayren K. Kittrick Subject: OLYMPUS VILLA Rocale, I see that you are out of the office until Jan. 3. When you get back would you please make the Olympus Villa plat review a high priority? I am in the process of identifying all remaining items for closeout and yours are the only comments I do not have. Please note that the project did get a deferral for the some street items however landscaping was not included in their request so please let me know if they have it installed and you have inspected it and approved. The project needs to have either installed all improvements or request to have it deferred and post a security device. Thank you! ~n~ Arneta Henninger City of Renton 1 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: January 4, 2012 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: Olympus Villa Final Plat LUA (file) Number: LUA-11-079, FP Cross-References: LUA10-090 AKA's: Project Manager: Arneta Henninger Acceptance Date: October 12, 2011 Applicant: CamWest Olympus Villa LLC Owner: Same as applicant Contact: Bruce Knowlton, CamWest Development LLC PID Number: 1123059065 ERC Decision Date: ERC Appeal Date: Administrative Denial: 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: 11-lot single-family residential development. The plat includes the installation of sanitary sewer, curb, gutter, sidewalks, street paving and street lights. Also included is Water District 90 watermains. Location: NE 7th Place between Nile Avenue & Pasco Place NE Comments: " .. ,~ " , . , " .. ,~, ' .' , , " , !,'I " , , , , , d" . ,-- -..,,< ': , ' , , " . , " ", ." .;~.', I'~ ...! • •. _ ", L". '. ::-':I. ~ !' -.< • " " .". , ,. ,. " " . , ' " , , f ;:: " " , ' ''.. J' ".' .. . ,~ . . ' .. , " .; .. , . " ", ,,' , " DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: cc: FROM: SUBJECT: MEMORANDUM December 28, 2011 Sandy Kayren Kittrick Arneta x7298 OLYMPUS VILLA FINAL PLAT Please review the attached prints on the above plat. If all is in order I will proceed with the recording process. Thank you! i:\memo.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM December 12,2011 Bob MacOnie Ameta Henninger, X7298 ~ ~ OLYMPUS VILLA FINAL PLAT LUA 11-079FP 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: Yellow File Arneta J. Henninger From: Sent: To: Subject: From: Garmon Newsom Kayren K. Kittrick Thursday, December 22,2011 10:12 AM Jan lilian; Arneta J. Henninger; Carrie Olson FW: Olympus Villa, A Subdivision Sent: Thursday, December 22, 2011 10:09 AM To: Kayren K. Kittrick Subject: Olympus Villa, A Subdivision Good Morning Kayren, I have reviewed the Declaratian af Cavenants, Conditions, Restrictions and Reservations and it is satisfactory. Have a great day and a safe and wonderful holiday. c;. NewJ<)m/ II Assistant City Attorney City of Renton 100 South 2nd Street P.O. Box 626 Renton WA 98057 425 430-6487 (I) 425255-5474 (F) GN cwsom@rentonwa.gov CONFIDENTIALITY STATEMENT This message may contain infonnation 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. 1 City of Renton InterOffice Memo To: From: Date: Larry Warren, City Attorn~y\ Arneta Henninger Av 1=\ April 25, 20 II R\ECE~VE[ NOV 28 20il RENTON CITY ATTORNEY SUbject: Declaration of Covenants, Conditions, Restrictions, and Reservations OLYMPUS FINAL PLAT LUA 11-079FP Please review the attached Declaration as to legal form. A copy of the Hearing Examiner's report under Conditions of Approval item 8, discusses the homeowner's association. The attached documentation discusses maintenance on page 6. This plat will ready for recording toward the middle of December. If I may be of assistance in expediting this request please call me at 430-7298. cc: Kayren Kittrick Yellow File LUA 1I--079FP ., BEFORE the HEARING EXAMINER Pro Tempore for the CITY of RENTON FILE NUMBER: APPLICANT: OWNERS: TYPE OF CASE: STAFF RECOMMENDATION: SUMMARY OF DECISION: DATE OF DECISION: DECISION LUAIO-090, ECF, PP Finkbeiner Development ATTN: Bill Finkbeiner 12011 Bel-Red Road, Suite 206 Bellevue, W A 98005 Robert Anderson & Gale Miner 13607461" Avenue SE North Bend, WA 98045 Preliminary subdivision (Olympus Villa) Approve subject to conditions GRANT subject to conditions (revised) April 22, 20 II INTRODUCTION 1 Finkbeiner Development (Finkbeiner) seeks preliminary approval of Olympus Villa, an 11 lot single family residential subdivision ofa 6.72 acre site zoned R-4. Finkbeiner filed the preliminary subdivision application on December 22,2010. (Exhibit 112) The Renton Department of Community and Economic Development, Planning Division (Planning) deemed the application to be complete on January 7, 2011. (Testimony) 2 Any statement in this section deemed to be either a Finding of Fact or a Conclusion of Law is hereby adopted as such. Exhibit citations are provided for the reader's benefit and indicate: I) The source ofa quote or specific fact; and/or 2) The major document(s) upon which a stated fact is based. While the Examiner considers all relevant documents in the record, typically only major documents are cited. The Examiner's Decision is based·upon all documents in the record. c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\lualO-090.doc • HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 II Page 2 ofl5 • The subject property is located at 12XXX Nile Avenue NE (aka 148 th Avenue SE), approximately 800 feet north ofNE 6th Street (aka SE I 24th Street). The Renton Hearing Examiner Pro Tempore (Examiner) viewed the subject property on April 19, 2011. The Examiner held an open record hearing on April 19,2011. Planning gave notice of the hearing as required by the Renton Municipal Code (RMC). (Exhibit 14) The following exhibits were entered into the hearing record during the hearing: Exhibits 1 -12: Exhibit 13: Exhibit 14: As enumerated in Exhibit 1, the Staff Report Applicant-requested condition changes Hearing notice documentation The Examiner held the hearing record open for up to two days at the request of Finkbeiner and Planning for receipt of a water availability letter and for entry of the Environmental Review Committee (ERC) Report. The following documents were entered pursuant to that authority: Exhibit 15: Exhibit 16: Water District 90 waler availability letter Environmental Review Committee Report The record closed on April 20, 2011, with receipt of Exhibit IS. The action taken herein and the requirements, limitations and/or conditions imposed by this decision are, to the best of the Examiner's knowledge or belief, only such as are lawful and within the authority of the Examiner to take pursuant to applicable law and policy. ISSUES Does the application meet the criteria for preliminary subdivision approval as established within the RMC? Should the subclivision's internal street system include a 'northerly extension of Pasco Place NE? FINDINGS OF FACT I. The subject property is essentially a "flag" lot which has 54.42 feet of frontage on the east side of Nile A venue NE and which extends some 1,290 feet to the east, eventually widening to approximately 315 feet. (Exhibit 3) The property is presently vacant, although theremains of a building, presumed to be a forme~ residence which was demolished at an unknown time in the past, are located on the western portion of the site. (Exhibit 5 and testimony) c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\luaIO..Q90.doc I' \ HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 II Page 3 of 15 2. A variety of land uses abut the subject property. A. The western "notch" on the south side of the subject property created by the 157 foot southerly 'Jog" in the south property line is occupied by an approximate 2.3 acre parcel (the Shenk parcel). The Shenk parcel contains a single-family residence near its Nile Avenue NE frontage. (Exhibits 1, 5, and 12C and testimony) B. The east half of the south property line abuts the north edge of the developed Windwood single-family residential subdivision. One of the streets in Windwood, Pasco Place NE, terminates against the commori property line with the subject property. Pasco Place NE extends southerly through Windwood to eventually provide a connection to NE 4th Street (aka SE 128th Street). Windwood is a development of some 100± homes. (Exhibits 2, 3, and 5) Windwood was developed under King County regulations. (Testimony) C. The east property line abuts the rear lot line of six lots in Maureen Highlands, another 100 ± lot single-family residential subdivision developed under King County regulations. Windwood and Maureen Highlands are interconnected via NE 6th Street which extends westerly to Nile Avenue NE. (Exhibits 2, 3, and 5 and testimony) D. The north property line abuts all or a portion of seven acreage lots, most of which access SE 120th Street a short distance to the north. One of those lots (the Newman property) is larger than the rest and is undeveloped; the rest appear to each contain a single-family residence. (Exhibits 2 and 5 and testimony) 3. The subject property is essentially flat with a very gentle downward slope from east to west. (Exhibit 3) Two regulated wetlands are found on the property: A small Category 3, disturbed wetland near the west end of the site, and a significantly larger, forested, Category 2 wetland located just east of the Pasco Place NE right-of-way alignment (extended). (Exhibits 3 and 7) Vegetation consists of a mix of shrubs, groundcover, and 95 trees. (Exhibits I and 5) The subject property is not located in the Aquifer Protection Zone. (Exhibit 1, p. 3) 4. Finkbeiner proposes to subdivide the subject property into I I lots for single-family residential development, two open space tracts (Tracts A and C) totaling 87,966 square feet (SF), a 15,837 SF storm water control tract (Tract B), and a 62,705 SF tract for future development (Tract D). (Exhibit 3) Finkbeiner has no plans to develop Tract D. (Testimony) Tract D is effectively isolated by the Category 2 wetland on Tract A from the rest of the subject property and can realistically be accessed only from the north. For all intents and purposes, Tract D most likely cannot be developed until the acreage lot to its north is further developed. The proposed lots will be served by two public streets: An east-west street (proposed NE 7th Place) extending from Nile Avenue NE to an extension of Pasco Place'NE through the property. Proposed c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\X7dzyuna\1ualO-090.doc HEARING EXAMiNER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 2011 Page 4 005 . NE 7th Place will be developed as a "half-street" section, allowing for future widening to a full-width section at such time as the Shenk property develops. (Exhibit 3) Finkbeiner proposes to use the "clustering" provisions of the RMC for some ofthe proposed lots. As depicted on Exhibit 3, Proposed Lots 1 -5 take advantage of those provisions. Finkbeiner asked at hearing to be allowed to include Proposed Lots 6 and 7 in the clustering calculations. (Exhibits 1 and 3 and testimony) The density of Olympus Villa as proposed will be 2.6 dwelling units per net acre. (Exhibit 1) 5. The subdivision design and all of the proposed lots comply with RMC zoning, street, street network, parks, blocks, and lot configuration requirements. All of the proposed single-family residential lots access a public street. (Exhibits 1 and 3) 6. The record contains evidence that appropriate provisions have been made or can be made for: A. Open space. Small lot clusters of up to a maximum of fifty lots are allowed within the R-4 zone when at least 30 % of the site is permanently set aside as "significant open space." Such open space must be situated to act as a visual buffer between small lot clusters and other development in the zone. The area of Tract A comes up a little shy of the 30% set aside requirement (87,618 SF / 293,152 SF = 29.88%). While Tract D will not be immediately developed, it is not proposed to be set aside as permanent open space and, therefore, cannot count towards the open space requirement. Tract C (348 SF) is also to be dedicated as open space. However, Tract C is not located in an area which would serve as a visual buffer between the small lot cluster and other development in the area. (Exhibit 1) Finkbeiner testified that he could easily adjust the common boundary between Tracts A and D to provide the necessary increase in the area of Tract A. (Testimony) B. Drainage ways. All storm water runoff except that from Proposed Lot I will be collected and transported to a detention pond on Tract B from which it will flow into the drainage system along Nile Avenue NE. (Exhibit 6) The pond will replace the wetland now located there. Mitigation for the loss of that wetland is proposed in the area of the wetland in Tract A. (Exhibit 7) Storm water runoff from Proposed Lot 1 will be dispersed into the wetland to its north and east. (Exhibit 6) C. Streets and roads. The proposed streets and street system meet City standards. (Exhibit 1) c:\documents and settings\bwalton\locai settings\temporary internet files\content.outlook\X:7dzyuna\luaIO-090,doc HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villo) April 22, 20 II Page 5 of 15 D. Alleys. Proposed Lots 2 & 3 and 4 & S will be served by two private easements which will function as alleys, allowing access to those lots from the rear of the lots. (Exhibit 3 and testimony) E. Other public ways. No need for other public ways within the subdivision exists. (Exhibits I and 3) F. Potable water supply. The subject property lies within Water District 90 which has confmned the availability of an adequate supply of potable water. (Exhibit IS) G. Sanitary wastes. An 8" sanitary sewer main exists beneath Pasco Place NE. (Exhibit I) H. Parks and recreation. The project has been required through the State Environmental Policy Act (SEPA) threshold determination process (See Finding of Fact 7, below.) to make a park impact mitigation payment. (Exhibit 16) 7. Renton's SEP A Responsible Official, the ERC, issued a Determination of Non significance-Mitigated (DNS-M) on January 31, 2011. (Exhibit 8) The DNS-M was not appealed. (Exhibit 1) The DNS-M is based on three mitigation measures: Payment of a parks and recreation impact fee, a transportation impact fee, and a fire impact fee. (Exhibit 16) The three mitigation measures have been carried forward by Planning as a recommended condition of approval. (Exhibit 1, p. 11, Recommended Condition I) 8. Most residents of Windwood have' no objection to subdivision of the land to their north nor to the proposed design with but one important exception: They are strongly opposed to the extension of and use of Pasco Place NE. Windwood residents have experienced many problems with speeding drivers, especially since the development of Maureen Highlands which resulted in the opening .up of 6th Street NE through the neighborhood. Stop signs have been installed, but some motorists ignore them. The Windwood residents believe that the extension of Pasco Place NE will only make the situation worse. They see no reason why their neighborhood needs to be connected to the Olympus Villa neighborhood. (Exhibits 12A and 12D and testimony) The RMC requires that all new development establish and further an interconnecting grid system. The code allows for exceptions to the grid street requirement in only two situations: Where interconnection is infeasible due to topography; or where interconnection is infeasible due to existing substantial improvements. [RMC 4-7-1S0, exceptions listed in 4-7-1S0E3] Neither condition that would justify an exception is present in this case: No topographical problems exist and no improvements would block the extension. (Exhibit 3) 9. One of the abutting owners in Maureen Highlands wants the easterly 60 feet of Tract D set aside as open space to protect three deer and a fawn who reportedly live in the area. (Exhibit 12B) Another c;\documents and settings\bwalton\locaJ settings\temporary internet files\content.outlook\x7dzyuna\lualO-090.doc • HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 II Page 6 of 15 Maureen Highlands resident is concerned that the development not increase storm water flows towards the east and would prefer fewer, larger lots. (Exhibit 12E) 10. Newman, the owner of one of the lots to the north, would like to see the Pasco Place NE extension curve more to the east than is proposed. He notes that, as designed, the right-of-way will stub out just to the west of the common boundary between his property and the property of his neighbor to the east. He would like the right-of-way stub to be centered on their common boundary, so that further extension to the north through their properties would encumber each equally. (Testimony) The alignment of the Pasco Place NE extension right-of-way cannot shift measurably to the east within the subject property due to the location of the Category 2 wetland and its required buffer. (Exhibit 3 and testimony) In order to make the adjustment Newman seeks, a reverse curve would have to occur just to the north of the subject property. Street alignment within subdivisions must comply with standards set by RMC 4-6-060. [RMC 4-7- 150D] A deflection angle of! 0° or more must occur through a horizontal "curve of reasonably long radius". Further, wherever a reverse curve is to occur (an "S" curve or a chicane), there must be a "tangent section" (a straight segment between the curves) of not less than I 00 feet for residential access streets. [RMC 4-6-060F7a and F7c] Given that Newman's parcel has a north-south dimension of approximately 250 feet (measured from Exhibit 2), the required curves and tangent section would take most of the depth of his parcel to complete. 11. Shenk submitted a cOJ1unent letter and testified at the hearing. The letter lists a number of concerns resulting from misunderstanding some of the notations on the proposed preliminary plat. (Exhibit 12C) Shenk did not mention those concerns in his testimony. Shenk wonders why Finkbeiner will not be required to install sewer stub-outs towards the south when he installs the sewer beneath future NE 7th Place. He suggests that installing them when the sewer main is initially laid would eliminate the need to tear up the street later when his property develops. (Testimony) Staff responded that a major problem with such an idea is that no one can know where the stub-outs might be needed on his side of the street until a development proposal for his property is put forth. (Testimony) 12. Planning performed a comprehensive, detailed, thorough analysis of the proposal's conformance with applicable requirements of the RMC. Planning concludes that the proposal complies, or can be conditioned to comply, with all applicable requirements. (Exhibit 1) 13. Planning recommends approval of the proposed subdivision subject to 10 conditions. (Exhibit 1, pp. II and 12) Finkbeiner asks for revision to four of the recommended conditions: c:\documents and settings\bwalton\local settings\temporary internet files\content.outlool.'"\x7dzyuna\lual0-090.doc ; HEARING EXAMINER Pro Tempore DECISION RE: LUA10-090, ECF, PP (Olympus Villa) April 22, 2011 Page 7 of 15 A. Recommended Condition 3: Finkbeiner wants to be able to include Proposed Lots 6 and 7 in the clustering process. Finkbeiner wants to gain increased flexibility so that Proposed Lots 4 and 5 might be slightly enlarged. (Exhibit 13) Planning supports that requested change. (Testimony) B. Recommended Condition 4: While Finkbeiner agrees that Proposed Lots 2 -5 should access from NE 7'h Place, he does not like the language which would limit that access to the easements as depicted on Exhibit 3. He wants the flexibility to alter their alignment. (Exhibit 13) Planning has no objection to providing some flexibility, but wants to limit the number of curb cuts and prohibit direct access onto Pasco Place NE. (Testimony) The RMC effectively requires alley access in residential cluster designs. [RMC 4-7-150E5e) C. Recommended Condition 6: This condition requires 1" water meters to serve Proposed Lots 6 -11. That condition is based on the fact that, as presently designed, houses built on those lots would have to be equipped with fire suppression sprinkler systems (because of the width of the half-street section) which in tum require a larger-than-normal water meter. Finkbeiner wants the flexibility to adjust the plat (slightly widening the half-street right-of-way) such that those lots would not need to be sprinklered. (Exhibit 13 and testimony) Staff testified that the Fire Marshal determines which lots must be sprinklered just before final construction plans are approved. Staff now believes that Recommended Condition 6 should have been provided as an advisory note rather than as a recommended condition of approval. (Testimony) D. Recommended Condition 8: Finkbeiner would like the flexibility to have the open space tracts owned in common by a homeowners association instead of owned in common by the lot owners abutting the tracts. (Exhibit 13) Planning supports that requested change. (Testimony) 14. Any Conclusion of Law deemed to be a Finding of Fact is hereby adopted as such. LEGAL FRAMEWORK 3 The Examiner is legally required to decide this case within the framework created by the following principles: Authority A preliminary subdivision is a Type III application which is subject to an open record hearing before the Examiner. The Examiner makes a final decision on the application which is subject to the right of reconsideration and appeal to the City Council. [RMC 4-08-070Hlj, 4-8-080G, and 4-8-1 OOG4) Any statement in this section deemed to be either a Finding of Fact or a Conclusion of Law is hereby adopted as such. c:\documents and settings\bwaJton\locai settings\temporary internet fiies\content.outlook\x7dzyuna\lualO-090.doc HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 I I Page 8 of 15 The Examiner may • grant or deny the application, or the Examiner may require of the applicant such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the Comprehensive Plan, the zoning regulations, the subdivision regulations, the codes and ordinances of the City of Renton .... Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds may be required to insure compliance with the conditions, modifications and restrictions. [RMC 4-8-l00G3] Review Criteria The review criteria for preliminary subdivisions are set forth at RMC 4-7-080B: B. PRINCIPLES OF ACCEPTABILITY: A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. (Bold headings in original) Requirements and standards for street and trail networks, parks and open space, streets, residential blocks, and lot configuration are set forth in RMC 4-7-120 and -140 -170. The Local Project Review Act [Chapter 36.70B RCW] establishes a mandatory "consistency" review for "project permits", a term defined by the Act to include "building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan". [RCW 36.70B.020(4)] (1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations or, in the absence of applicable regulations the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determinations under this section. c:\documents and settings\bwaiton\loca1 settings\temporary internet files\content.olltlook\x7dzyuna\]ualO.090.doc HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) Apri122, 2011 Page 9 of 15 (2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the: (a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied; (b) Density ofresidential development in urban growth areas; and ( c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding ofthes.e facilities as required by [the Growth Management Act]. [RCW 36.70B.030] Vested Rights Renton has not enacted a general vested rights provision. Therefore, applicable provisions of state law govern: Subdivision and short subdivision applications are governed by a statutory vesting rule: such applications "shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application ... has been submitted .... " [RCW 58.17.033; see also SMC 16.28.480] Therefore, this preliminary subdivision application is vested to the regulations as they existed on January 7, 2011. Standard of Review The standard of review is preponderance of the evidence. The applicant has the burden of proof. Scope of Consideration The Examiner has considered: all of the evidence and testimony; applicable adopted laws, ordinances, plans, and policies; and the pleadings, positions, and arguments of the parties of record. CONCLUSIONS OF LAW 1. The preponderance of the evidence demonstrates compliance with the preliminary subdivision approval criteria in RMC 4-7-080Bl: All of the proposed lots will comply with zoning regulations. c:\documents and settings\bwalton\locaJ settings\temporary internet files\content.outiook\x7dzyuna\lualO·090.doc • HEARlNG EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Vii/a) April 22, 20 I I Page IOof15 • 2. The preponderance of the evidence demonstrates compliance with the preliminary subdivision approval criteria in RMC 4-7-080B2: Each lot will have access to a public street. 3. The preponderance of the evidence demonstrates compliance with the preliminary subdivision approval criteria in RMC 4-7-080B3: The major on-site critical area is to be protected; mitigation in conformance with adopted standards is proposed for the loss of the lesser critical area. 4. The preponderance of the evidence demonstrates compliance with the preliminary subdivision approval criteria in RMC 4-7-080B4: The streets and drainage systems have been designed to comply with City codes and standards. A minor shortfall in open space can' be easily fixed by an appropriate condition. Adequate utility services are available. 5. The preceding four Conclusions of Law show that Olympus Villa complies with all established criteria for approval. However, they likely don't answer some of the neighbors' concerns. The next Conclusions of Law will address their concerns. 6. The Windwood design obviously contemplated the eventual extension of Pasco Place NE to serve subdivision of the acreage parcels to the north, of which the subject property is one. Whether the home purchasers clearly understood that or not, that is the reality presented by a street which stubs out to an adjoining undeveloped parcel. Olympus Villa's design is simply bringing that expectation to fruition. Renton has strong requirements for interconnection of streets between and among adjoining developments. Just because King County did not have interconnection requirements is no reason to not implement and enforce the City's requirements. The interconnection of Pasco Place NE with proposed NE 7''' Place will provide a second access into not only Olympus Villa, but also the north end of Windwood: If an accident were to block the Pasco Place NEINE 6th Street intersection now, emergency vehicles could not reach any of the homes on Pasco PlaceNE north ofNE 6th Street. The interconnection will provide an alternate access. And as one of the witnesses acknowledged, many if not most of the speeders are neighborhood residents, not outsiders cutting through the neighborhood. The neighbors and the City have a range of actions that can be taken to solve the speeding problem short of ignoring adopted requirements for interconnection of streets. 7. The RMC provides no basis upon which one could require that the eastern 60 feet of Tract D be set aside permanently as open space. Wildlife presently living on the portions of the site which will be converted into streets and house lots will, most likely, be lost. That loss is a direct result of the legislative decision to urbanize this area. Urbanization is, generally speaking, incompatible with most wildlife species habitat, especially for animals such as deer, bear, coyote, etc. The legislative decision to designate and zone the area for urbanization amounts to a conscious choice of human habitat over wildlife habitat. That legislative choice is not debatable in the context of this (or any other quasi-judicial) application. c:\documents and settings\bwalton\loca1 settings\temporary internet fiies\content.outiook\x7dzyuna\1ualO-090.doc HEARING EXAMINER Pro Tempore DECISION RE: LUA 10-090, ECF, PP (Olympus Villa) April 22, 2011 Page 11 of 15 As to the drainage concern of the other Maureen Highlands resident, the evidence indicates that the vast majority of the storm water runoff will be directed towards the west and Nile Avenue NE, not towards Maureen Highlands on the east. There would seem to be virtually no chance that the small amount of runoff from the residence on Proposed Lot I could ever affect Maureen Highlands given the size of Tract A with its wetland and intervening Tract D, Control of stormwater runoff from any future development of Tract D will have to be addressed at the time a proposal for such development is put forward. S. Were it not for the existence of the substantial Category 2 wetland just to the east ofthe Pasco Place NE right-of-way (extended), Newman's request would likely have garnered the support of both Finkbeiner and staff. But the wetland's location is a physical reality with which we all must live. City policy and regulation strongly support protection of such wetlands. The street must avoid the wetland to the greatest extent possible. The unfortunate reality is that most of any right-of-way alignment adjustment will have to occur on the property(ies) to the north. It may be possible to begin a slight horizontal curve to the east near the north property line without impinging on the wetland or its required buffer. (Minor revisions to approved preliminary plats are allowed. [RMC 4-7-0S0MJ) Newman and his neighbor may want to discuss the pros and cons of such an alignment shift with Finkbeiner and City staff before construction plans are prepared. This situation does not warrant a delay in approval or redesign of the proposed preliminary plat. 9. Requiring sewer stubs to both sides of a new street makes sense, but only if both sides of the street are being developed at the same time. No one can say when, if ever, the Shenk property may develop. No one can say what the land development requirements may be when the Shenk property is proposed for development. Therefore, no one can say with any certainty exactly where sewer stubs would be required. Installing sewer stubs based on a hypothetical development would make no sense -even if it were legally defensible, which it likely isn't. 10. Olympus Villa passes the "consistency" test: Single-family residential is the primary use in the R-4 zone; the proposed density is withiri the range allowed by applicable zoning; and adequate utility services are available to the site. II. The recommended conditions of approval as set forth in Exhibit I are reasonable, supported by the evidence, and capable of accomplishment with the following changes: A. A preliminary subdivision embodies the concept of approval of a specific development proposal. A preliminary subdivision evaluation is based upon the specific preliminary plat submitted by the applicant. It is appropriate, therefore, that the conditions of approval dearly identifY the plat which is being approved. The Planning recommendation as drafted does not do so. Exhibit 3 constitutes the plat proposal which has been reviewed in this hearing process c:\documents and settings\bwa1ton\locai settings\temporary internet fties\content.olltiook\x7dzyuna\lualO-090.doc • HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Vil/o) April 22, 20 II Page 12 of 15 and which should be approved. The Examiner will add a condition to specifY that Exhibit 3 is the approved preliminary plat; numbering of the subsequent conditions will be incremented accordingly. B. Recommended Conditions 3 and 8: The Examiner will revise those two conditions as requested by Finkbeiner and as supported by Planning. C. Recommended Condition 4: Both Finkbeiner and Planning made good points regarding the wording of this condition. The Exan1iner will incorporate both points of view in revised wording for this condition. D. Recommended Condition 6: The Examiner will eliminate this condition. The preliminary . subdivision approval stage is way too early in the process to be specifYing for all time the size of water meters for specific lots. Authority exists under the International Fire Code to address the concern that led to this condition. E. Planning stated in the Staff Report that it was going to recommend placement of a note on the face of the final plat requiring that the houses on Proposed Lots I -5 must be oriented towards Pasco place NE. (Exhibit I, p. 9) That condition never made it into the list of recommended conditions. (Exhibit I, pp. 11 and 12) Finkbeiner objects to such a limitation as pertains to Proposed Lots 3 and 4. (Testimony) Minimum comer lot width and depth requirements for R-4 zoned land in a small lot cluster development are 60 feet and 65 feet, respectively. [RMC 4-2-I lOA] Proposed Lot 3 can meet those requirements for either orientation, but Proposed Lot 4 works only if its Pasco Place NE frontage is considered its front lot line. Proposed Lots 1,2,4, and 5 must front on Pasco Place NE. A desirable streetscape requires that Proposed Lot 3 do likewise. The Examiner will in1pose Planning's suggested condition. F. The Examiner prefers to not use the word "applicant" in conditions. Land use entitlement approvals, of which a preliminary subdivision approval is one type, "run with the land." Simply put, that means the permit is still valid no matter how many times ownership of the property may change. While ifmay be hyper-technical, some might argue iliat only the party which sought preliminary subdivision approval was the "applicant," that any successor in interest was something other than the "applicant," and that, therefore, any such successor was not obligated to comply with conditions addressed to the "applicant." To avoid any such argument in the future, the Examiner prefers to use the word "plattor," meaning the party subdividing (platting) the property. The Examiner will make that substitution throughout the conditions. c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\lualO"{)90.doc HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 II Page 13 ofl5 G. A few minor, non-substantive structure, grammar, and/or punctuation reVISIOns to Recommended Conditions 1,3, and 8 will improve parallel construction, clarity, and flow within the conditions. Such changes will be made. 12. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. DECISION Based upon the preceding Findings of Fact and Conclusions of Law, the testimony and evidence submitted at the open record hearing, and the Examiner's site view, the Examiner GRANTS preliminary subdivision approval for Olympus Villa SUBJECT TO THE ATTACHED CONDITIONS. Decision issued April 22,2011. Rocale Timmons Kevin Van Flanderen David Shenk Kayren Ki ttri ck \5\ John E. Galt (Signed original in official file) John E. Galt Hearing Examiner Pro Tempore HEARING PARTICIPANTS 4 Bill Finkbeiner John Newman Ken Bouvier NOTICE of RIGHT of RECONSIDERATION "Any interested person feeling that the decision of the Examiner is based on an erroneous procedure, errors oflaw or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may" file a request/motion for reconsideration with "the Examiner within fourteen (14) days after the written decision of the Examiner has been rendered. The [request/motion for reconsideration] shall set forth the specific errors relied upon." [RMC 4-8-1 00G4] Any request/motion for reconsideration shall be addressed to the Renton Hearing Examiner and filed withthe City Clerk. See RMC 4-8-1 00G4 and RMC 4-8-11 OE8 for additional information and requirements regarding reconsideration. 4 The official Parties of Record register is maintained by the City's Hearing Clerk. c;\docwnents and settings\bwalton\loca\ settings\tempofary internet files\content.outiook\x7dzyuna\luaIO-090.doc • • HEARING EXAMINER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 20 I I Page 14 of 15 NOTICE of RIGHT of APPEAL This Decision becomes final and conclusive as of the fifteenth calendar day after the date of issuance of the Decision unless reconsideration is timely requested. [freconsideration is timely requested, the Examiner's order granting or denying reconsideration becomes the final and conclusive decision for the City. The Examiner's final decision is Bubject to the right ofthe applicant, City, or a party of record with standing, as provided in RMC 4-8-IIOFI, to file an appeal with the City Council in accordance with the procedures of RMC 4-8-IIOF. Any appeal must be filed within 14 days following the issuance of the final decision. See RMC 4-8-11 OE9 and RMC 4-8-11 OF for additional information and requirements regarding appeals to the City Council. The following statement is provided pursuant to RCW 36. 70B.130: "Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation." CONDITIONS OF APPROVAL Olympus Vii/a LVAIO-090, ECF, PP This Preliminary Subdivision is subject to compliance with all applicable provisions, requirements, and standards of the Renton Municipal Code, standards adopted pursuant thereto, and the following special conditions: I. Exhibit 3 is the approved preliminary plat. Revisions to approved preliminary subdivisions/plats are regulated by RMC 4-7-080M. 2. The plattor shall comply with the three mitigation measures issued as part of the Determination of Nonsignificance-Mitigated, dated February 4, 2011. (Exhibits 8 and 16) 3. The plattor shall be required to place additional area within Tract A in order to comply with the 30% permanent open space requirement for clustering. The permanent open space easement shall be recorded prior to or concurrently with the Final Plat. 4. The plattor shall place on the face of the plat a covenant noting the setbacks of the R-8 zoning designation apply on the clustered lots (Proposed Lots 1-7) only. The covenant shall be recorded concurrently with the Final Plat. 5. A note shall be placed on the face of the plat requiring Proposed Lots 2-5 to take vehicular access from NE 7th Place and requiring Proposed Lots 2 & 3 to share a common curb cut and Proposed Lots 4 & 5 to share a common curb cut unless compelling evidence is presented prior to construction c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\X7dzyuna\lua I 0-090.doc J .' HEARING EXAMlNER Pro Tempore DECISION RE: LUAIO-090, ECF, PP (Olympus Villa) April 22, 201 I Page 15 ofl5 pennit approval to show that shared curb cuts are not feasible, The note shall be recorded concurrently with the Final Plat. 6, The plattor shall be required to revise the drainage report (Exhibit 6) to include conceptual sizing calculations for the detention pond and address the individual lot treatments. The revised plan shall be submitted to and approved by the Engineering Plan Reviewer prior to construction pennit approval. 7. The plattor shall establish and record a pennanent and irrevocable easement on the property title of the tract containing the critical area and its buffer prior to Final Plat recording. The protective easement shall be held by current and future property owners, shall run with the land, and shall prohibit development, alteration, and disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project. The enhancement project shall receive prior written approval from the City, and from any other agency with jurisdiction over such activity. 8. A covenant shall be placed on the open space tracts restricting their separate sale prior to Final Plat recording, Each abutting lot owner, within the plat, shall have an undivided interest in the tracts or the tracts shall be conveyed to the homeowner's association for the project. 9. The common boundary between the native growth protection tract and the abutting land must be pennanently identified. This identification shall include a permanent wood split rail fence and metal signs on treated or metal posts. The pennanent wood split rail fence and signs shall be installed prior to Final Plat recording. 10. The following note shall appear on the face of the Final Plat and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created or benefiting from this City action abutting or including a native growth protection tract are responsible for maintenance and protection of the tract. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been received." 11. A note shall be placed on the face of the final plat requiring that the front yard for Lots 1-5 face toward extended Pasco Place NE, The note shall be recorded concurrently with the Final Plat. c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\X7dzyuna\luaIO-090.doc TO: Ameta Henninger City of Renton rkANSMITT AL " , 12/9/2011 FROM: Bruce Knowlton Cam West .,;j Dept. of Comm. Development lOSS S. Grady Way 9720 NE 120th Place Kirkland, W A 98034 Renton, W A 98057 cc: Phone Fax Phone 425-825-1955 425-825-1565 RE: Olympus Villa Final Plat REMARKS: Urgent X For your review Reply ASAP Please Comment We are sending attached the following; Copies Date Description 4 1217111 Revised Final Plat map ~. I Neighborhood Map I'mm& Conformance to Conditions memo I Response letter indicating how conditions have been complied with. I Legal Description Ameta -Attached are four copies of the revised final plat map that have addressed the final plat recording comments included in your November 3, 2011 letter. Also attached are the other items requested in your letter. Note that we plan on submitting the as-builts and perforance sureties toward the latter part of next week. CITY OF RENTON RECEIVED DEC 0 9 2011 BUILDING DIVISIC I'm still waiting for any review comments on the CCRs. Can you tell me whether these have been provided to you yet? Please let me know if you have any questions regarding this information. Thanks Ameta. ~e<-l_~)#A-- Bruce Knowlton ~ J ---~ o j) I:) \ Q 3 --.- '(-.-3 .O<i.t~.oo N ~ :; :nn:, ,O'9i!:' _ DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM December 12, 2011 Rocale Timmons Arneta Henninger, X7298 OLYMPUS VILLA FINAL PLAT LUA 11-079FP 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: Yellow File Arneta J. Henninger From: Sent: To: Bruce Knowlton [bknowlton@camwest.com] Monday, December 12, 2011 1 :51 PM Arneta J. Henninger Cc: Aaron Kopet Subject: Attachments: FW: Olympus Villa detention pond fencing Proposed fencing.pdf; IMG_0062.jpg Arneta -This is the fence request that I spoke about this morning. We're ready to install fences at Olympus Villa. Can you let me know whether or not this request is approved. As a reminder, this is the same thing that the City allowed us to do where Lot 13 abuts the detention pond at Shamrock Glen. From: Bruce Knowlton Sent: Tuesday, December 06, 2011 3:34 PM To: Arneta J. Henninger (Ahenninger@Rentonwa.gov) Cc: Aaron Kopet Subject: FW: Olympus Villa detention pond fencing Hello Arneta -Just checking in ... Have you reached any conclusions on this yet? From: Bruce Knowlton Sent: Thursday, December 01, 2011 9:49 AM To: Arneta J. Henninger (Ahenninger@Rentonwa.gov) Cc: Aaron Kopet Subject: Olympus Villa detention pond fencing Hello Arneta -Construction is nearly complete at Olympus Villa and we are at the point of constructing fencing around portions of the project including the detention pond. As part of this effort, we are going to work with the property owner that adjoins the north boundary of the site at the entrance to Nile Avenue and replace the very dilapidated existing fence that surrounds his property on three sides. The existing fence is an eyesore and will hinder our efforts to market the project and create an appealing entrance to the community. A photo of a portion of the existing fence located along his back property line is included in the attached jpg. (The fence is in even worse condition on the south side of the property and along Nile Avenue.) The rear property line of this person's property abuts the Olympus Villa detention pond. If we construct a new 6-foot solid cedar fence along this property line, we'd like to not construct the 6-foot chain link fence that is shown on the detention pond detail along this common boundary line. The chain link fence would end up being constructed only inches behind the newly constructed wood fence and would be redundant. Similarly, we'd also like to construct a wood fence along the side property line of lot 11 where this lot abuts the detention pond similar to what you allowed us to do on the Shamrock Glen (Martin) plat. The north and south sides of the detention pond would still be fenced per the detail shown on the engineering plans to restrict access into the detention facility. I've also attached a PDF that shows the locations where we propose to construct wood fencing near the entrance to the community and in the vicinity of the detention facility. Please let me know if this proposal is acceptable to you and feel free to contact me if you have any questions. Thanks Arneta. 1 OLYMPUS VILLA CONFORMANCE TO CONDITIONS OF APPROVAL LUAIO-090, ECF, PP December-B, 2011 Following are the conditions of approval attached to the Olympus Villa preliminary plat. Each of the conditions is provided below, followed by a response indicating how the condition has been addressed. 1. Exhibit 3 is the approved preliminary plat. Revisions to approved preliminary subdivisions/plats are regulated by RMC 4-7-080M. Response: So noted. No revisions are proposed on the final plat. 2. The plattor shall comply with the three mitigation measures issued as part ofthe Determination of Nonsignificance-Mitigated, dated February 4,2011 (Exhibits 8 and 16) Response: The three mitigation conditions are as follows: B. Mitigation Measures 1. The applicant shall pay a Parks and Recreation Impact fee, as determined by. the Renton Municipal Code at the tiine of payment. The fee shall be payable to the City as specified by the Renton Municipal Code at the time of Final Plat Recording. 2. The applicant shall pay a Transportation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code at the time of Final Plat Recording. 3. The applicant shall pay a Fire Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as spe~ified by the Renton Municipal Code at the time of Final Plat Recording. Response: Each of these mitigation fees will be paid just prior to recording of the final plat. 3. The plattor shall be required to place additional area within Tract A in order to comply with the 30% permanent open space requirement for clustering. The permanent open space easement shall be recorded prior to or concurrently with the Final Plat. Response: Tract B as it is identified on the final plat (identified as Tract A on the preliminary plat) has been slightly expanded so that it contains 30% ofthe site area. Restrictions for critical area tracts and buffers are included on Sheet 2 of the final plat and will be recorded concurrently with the final plat. 4. The plattor shall place on the face of the plat a covenant noting the setbacks of the R8 zoning designation apply on the clustered lots (Proposed Lots 1-7) only. The covenant shall be recorded concurrently with the Final Plat. Response: This information is included within Note 1 under Covenants, Conditions and Restrictions on Sheet 2 of the final plat map. • - 5. A note shall be placed on the face of the plat requiring Proposed Lots 2-5 to take vehicular access from NE 7th Place and requiring Proposed Lots 2 & 3 to share a common curb cut and Proposed Lots 4 & 5 to share a common curb cut unless compelling evidence is presented prior to construction permit approval to show that curb cuts are not feasibile. The note shall be reocrded concurrently with the Final Plat. Response: Note 2 under Covenants, Conditions and Restrictions on Sheet 2 restricts access for Lots 2-5 and also requires Lots 2 and 3 to share a common curb cut for driveway access. After the preliminary plat approval, the applicant and CamWest met with Rocale Timmons and Chip Vincent to discuss problems with having Lots 4 and 5 share a common curb cut and staff agreed that common access and a shared curb cut for these two lots was not feasible. Based on this decision, the engineering plans were drawn and approved reorienting lots 4 and 5 so they both face NE 7'h Place with each lot having their own curb cut. 6. The plattor shall be required to revise the drainage report (Exhibit 6) to include conceptual sizing calculations for the detention pond and address the individual lot treatments. The revised plan shall be submitted to and approved by the Engineering Plan Reviewer prior to construction permit approval. Response: The drainage report and plan was revised, submitted and approved by the Engineering Plan Reviewer. 7. The plattor shall establish and record a permanent and irrevocable easement on the property title of the tract containing the critical area and its buffer prior to Final Plat recording. The protective easement shall be held by current and future property owners, shall run with the land, and shall prohibit development, alteration, and disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project. The enhancement project shall receive prior written approval from the City, and from any other agency with jurisdiction over such activity. Response: A critical area tract and relevant restrictions are included on the final plat map. 8. A covenant shall be placed on the open space tracts restricting their separate sale prior to Final Plat recording. Each abutting lot owner, within the plat, shall have an undivided interest in the tracts or the tracts shall be conveyed to the homeowner's association for the project. Response: This is addressed in the Owner's Declaration on Sheet 1 of the final plat map. 9. The common boundary between the native growth protection tract and the abutting land must be permanently identified. This identification shall include a permanent wood split rail fence and metal signs on treated or metal posts. The permanent wood split rail fence and sign shall be installed priuor to Final Plat recording. Response: As of the date of this response, the fenced and signs were not yet installed. However the fence and signs will be installed prior to recording the final plat. 10. The following note shall appear on the face of the Final Plat and shall also be recorded as a covenatn running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created or benefiting from this City action abutting or including a native growth protection tract are responsible for maintenance and protection of the tract. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been received." Response: This condition is addressed within the Restrictions for Critical Area Tracts and Critical Areas and Buffers which is included on Sheet 2 of the final plat map. 11. A note shall be placed on the face of the final plat requiring that the front yard for lots 1-5 face toward extended Pasco Place NE. The note shall be recorded concurrently with the Final Plat. Response: See Note 4 on Sheet 2. Also, please note that this restriction now only applies to lots 1-4 after the Planning Director allowed lots 4 and 5 to be rotated so only the front yard of lot 4 faces Pasco Place NE. VICINITY MAP ~ SCAlE; 1"=500' ~~ rrnrn-r--!8 n41nll nil 'I) '0' III II Rentonnet City Clerk Card File Page I of I Title: Effective Date: Date Entered: Record 1 of 1 PRELIMINARY PLAT, OLYMPUS VILLA/148TH AV NE 2010 Dec 22, 2010 Apr 27,2011 by User: CMoya Scheduled Destruction Date: Destroyed Date: Narrative: 0 12/22/2010 -Application for Preliminary Plat and Environmental (SEPA) Review by Bill Finkbeiner for Robert Anderson & Gale Miner, Owner, for a 6.75 acre site subdivided into 11 lots for future single-family residential development, located 148th Av SE, known as the Olympus Villa Preliminary Plat. o 1/31/2011 -ERC Review -Determination of Non-Significance -Mitigated o 4/19/2011 -Public Hearing o 4/22/2011 -Hearing Examiner's recommendation -approved subject to conditions Keywords: 0 LUA-10-090 (SEE PP) o ECF-10-090 (SEE PP) o PP-10-090 o OLYMPUS VILLA PRELIMINARY PLAT 2010 o FINKBEINER BILL 2010 o FINKBEINER DEVELOPMENT 2010 o ANDERSON ROBERT 2010 o MINER GALE 2010 o 148TH AV SE 2010 Location: BANK 4 Category: http://rentonnet.org/intranetiCityClerkDeptiCardFile/index.cfm?fuseaction=showdetail&REC= 1 &ID=63... 10/11/2011 I, SAM REED, Secretary of State of the State of Washington and custodian ofits seal, hereby issue this CERTIFICATE OFINCORPORA TION to OLYMPUS VILLA HOMEOWNERS ASSOCIATION alan WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 9/20/2011 UBI Number: 603-145-969 APPID: 2159517 ,I I Given under my hand ami the Seal of the State of Washington at Olympia. the State Capital Sam Reed. Secretary of State 09/26/2611 1 e: 4:1 CAM.4EST DEVELOPMl PAGE 03/06 FILED SECRETARY OF STATE SAM REED SEPTEMBER 20, 2011 STATE OF WASHINGTON 09/2.1/11 2.02.8998-002. $80,00 R #099162._3156342.091 bd.2.114471 603145969 ARTICLES OF lNCORPORA TION OF 1" • OLYMPUS VILLA HOMEOWNERS ASSOCIATION The undersigned, acting as incorporator of a corporation under the Washington Nonprofit C."".",mon Act (Ch, 24,03 RCW), adopts the following Atticles of Incorporation for the cOTporntion. , :r . ARTICLE!. ~ The name of this corporation is Olympus Villa Homeowners As.<ocialion. ARTICLE 2. OunItion " '.' The duration ofthi. corporation i. peq>eI\lal. ARTICLE), Purposes The purpose for which this corporation is organized to provide an own"", association pUISUant to the Declaration ofCovenan1S, Conditions. Rl:strictions, and Reservations for OlympllS Villa, • subdivision in King County, Washington, as it may be amended (the "Dcclaralion,,). and to engage in all such activities as are incidental or conducive to the attainment of the objectives of me corporation and an activities which are ponnitted to be don. by a nonprofit cmporation under any laws !hat may now or hereaflcr be applicable or available to this corporation. Th. powers of this corporation shall be subject to and shall be exercised in accondance with tho provisions of the Declaration, a. it may from time 10 lIm~ be amended, and which i, incorporated herein as if fUlly set fOttb. ARTICLE 4, Dissolution This corporation may b. dissolved with the assent given in writing by vote of not less than , two-thirds of each class of Membc". Upon dissolution of the corporation, and after paying or makili g adequate provision for payment ofall of the liat>i\lties of the c."".",mon, the assets of the corporation t~at are held subject to limitations pennitting their use only for charitable, educational or similar purpose shall be granted, conveyed and assIgned to any nonprofit corporation, association, trust or other organization to be devoted to purposes and uses which most nearly reflect the purposes and uses to which to which the assets wen: requin:d to t>c \levoted by tbe Association. AU rernalning assets shall be distributed equally among the Members, PII<1I>1 OS/20/2011 IUE 1047 [TX/RX HO"SO'75) 1al004 09/20/2011 16:42 565 CA>I.oJEST DEVELOP! PAGE 64/66 ARTICLE S. Members The corporation shall have two classes of Members, as follows; Class A Members. Class A Members shall be an OWl1ers, except the Declanmt as defined in the Decllll'Blion. Each CI .. " A Member shall be enti1led to one vote for each lot owned. When more than on<: person owns a lo~ all such persons shall be Membcnl. and the vote for such lot shall be exercised as they determine, bu1 in no event shall more than one vote be cast with respoot to any lot. Class B Member. The Class B Member shall be the Declarant which shall be entitled to three votes for each lot owned. The Class B Membership shan cease and b. converted to Class A Membership upon the occurrence of the earlier of the following events: (a) when 75% ofthe total number of the Lots havc certificates of occupancy issued for the Home thereon and bave been conveyed to Class "An Members other than builders; or (b) lanuary 1.2019; or (c) When, in its discretion, the Class B Member so detennines. ARTICLE 6. Rcgistmd Offi", and Asent The name oflbe initial registered agent of the corpOllltion is CamWest DtVcJopment LLC. The address of the initial registered office of the corporation is 9720 N.E. 120th Place, # 100, Kirkland. WA 98()34. i ~f' me' ARTICLE 7. Directors , ':: The number of dlTtCtors oflb!. corporation .hall be flxtd by the Bylaws and may be inereastd or deetcascd fTom t\tne to time in tbe mantler spcelfltd therein. The initial Board of Directors shall consist of OM cIlrcclX)f. The names and addross of the person who shall serve as director until the first meeting of the Members is held and his sucecsscm arc elcctedand qualitjr is: ARTICLES. Eric H. Campbell 9720 NE 120· Place, Suite I 00 Kirkland, Washington 98034. Limitation ofWabjljty A director afme corporation sball not be personally liable IX) the co~tion or its Members for monetary damages for conduct as. di=tor, except for liability ofthe dlreotof for acts or amlssionS:wliich involve i1mntionaJ misconduct by the direClO!' or a knowing violation of Jaw by tbe director or fOr 'any transaction from which the clircetor will per.!onally roccive a benefit In money, property or serviceS'to which Ibe dim;lor Is no! legally entitlod. ' ~ •• Any repoal or modification of this Article by the dlrcetor(s) or Members of the corporation shall no! adversely affect any right ar protection of any Individual who is or W1lS a director of the corporation which existed at the time of such repeal or modlti cation. PAGE 2 05120/2011 TUE 1047 [TX/RX Ho'~s'o;'iJ ~005 I" H • e~/2e/2ell 16: 42 425l 3G5 CAMWEST DEVELOPM. PAGE 65/66 •• '';-0 ARTICLE 9. Indemnification . .,. I' The coJ)lOJlltion shall indemnifY any individual mad. a party to a proceeding beC!llJse that individual is or Was a director of the corpoflllion and shall advunce or reimburse the reasonable expenses ineumrl by such individual in advance of flnal dlsPOllltion of the proceeding, without regard 10 tile limitations in RCW 23B.08.510 through 238.08.550 of the Washington Business Corporation Act, 01' any other limitation Which may hereafter be enacted to the extent such ilml18lion may b. disregarded If authorlzcd by the Articles of Incorpornlion, to d1e full .. tent and under all cimJmstances permitted by applicable law. Any in<lemnification provided under this Article shan, unles, limited by the terms of the undertaking to indemnifY. oonlinue as 10 • person who has ceased to be a di=tor. officer, employee or agent and shalll"urc to the benefit of his or her heirs, executors and adrninistT8lors Any re~ or modification of thiS Article by tbe dim:tors or Members of the corporation ,han not adversely afl'ect any right or protection of any individual who is or was a director or officer of tho corporation existing at Ihelime of such repeal or modification. ., ARTICt.E 10. Amendment Until tennination of the Class B Control Porlod as defined in the Declaration, those Articles of Incorporation may b. amended by the Declarant. Thereafter, except as otherwise set forth in d1e Declaration, amendments shall require the approval of sixty-seven pe",.nt (67%) of the votes of eAch class ofM emrer. ofth. corpomtion. ARTICLE II. Incorporator The name of the incorporator is Bruce Knowlton. His address is 9720 NE 120· Place, Suite 100, Kirkland, WA 9S034. Executed on September 16, 2011 By: Name: Bruce Knowlton -. r ''\.. PAGEl 09/20/2011 TUE 10 47 ~TX/RX HO 8075) ~OOB B9/2B/2B11 16:42 425l 565 CAMWEST DEVELOPM. PAGE 06/66 CONSENT TO SERVE AS REGISTERED AGENT CamWest Development LLC, a Washington limited liability complIl1Y hereby oonsents to serve ... Registered Agent in tbe State of Washington for the Olympus Villa BomeOWllers Association. I understand that as agent for the corporation, it will be my responsibility to "",.iv. service of process in the name of the corporntion; to forward .11 m.il to the corporation; and 10 immedia1ely notify the office of tbe Secretary of State in the event of i110 resignation, or of any changes in tho ",gistered office address of the cO'l'oration for which it is agent. NAME OF REGISTERED AGENT: ADDRESS OF REGISTERED AGENT: Dale: Sep!e!Ilber 16. 20\\ CAMWEST DEVELOPMENT '.Le, • Washington limited liability company jJ By: ~~,/H-Name: Er~P' Titl.: Member Com West Development LLC 9720 N.E. 120th Place, # 100 Kirkland, W A 98034 Registered Agent Consent . -, 08/20/2011 TUE 10 47 [TX/RX NO 8075] ~007 09/15/2011 00:45 4252503412 OFFE ENG PAGE 01/01 111>'130 11 N~ l.l;I1d 1;1111/\ II /l=5~- LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11, THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1320 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH, ALONG SAID EAST LINE, 315 FEET; THENCE WEST 645 FEET; THENCE NORTH 157.5 FEET; THENCE WEST 675 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID WEST LINE, 157.5 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND EXCEPT THE NORTH 103 FEET OF THE WEST 95 FEET; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON . ...... . '. . ... ~/ :': .: :.: :'.: ,::' :'.::: ::: :~::':' ::' ...... DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: cC: FROM: SUBJECT: M E M 0 RAN DUM December 28, 2011 Sandy Kayren Kittrick ~ Arneta x7298 ~ OLYMPUS VILLA FINAL PLAT Please review the attached prints on the above plat. If all is in order I will proceed with the recording process. Thank you! i:\memo.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: cc: FROM: SUBJECT: MEMORANDUM December 12, 2011 Bob MacOnie Rocale Timmons Kayren Kittrick Jennifer Henning Am," ,7298 ~ OLYMPUS VILLA FINAL PLAT LUA 11-079 NE 7TH PL BETWEEN NILE AVE NE AND PASCO PL NE The applicant has resubmitted the attached plans and response letter for review. Please review and comment. If all of your previous comments have been addressed and you have no further concerns please sign the approval that according to you the plat may proceed to recording. Rocale the applicant has sent me an email re a fence request which 1 will attach to this memo as a way of a reminder but 1 will forward the email to you also. Please consider the fence issue when signing off on a full approval. Thank you! i;\memo.doc II S# 878 TRANSPORTATION MITIGATION FEE Project Name: Olympus Villa PP Project Address: 12xx 148'h Avenue NE Contact Person: Bill Finkbeiner Permit Number: LUA 10-090 Project Description: 11 lot SFR preliminary plat home Land Use Type: Method of Calculation: X Residential D Retail X ITE Trip Generation Manual, 8 th Edition D Traffic Study D Non-retail Calculation: (11)9.57 = 105.27 ADT 105.27 x $75.00 = $7,895.25 Transportation Mitigation Fee: $7,895.25 D Other (210) SFR 9.57 trips / du Calculated by: _K~.~K~i~tt~ri~c~k __________ ~ ____________ Date: 1/11/11 I Date of Payment: ______________________________________________________ __ , . I ~ . __ ., 1( o~' raIn' B l!.J;lIYllU[lIl1 ·11 [1>1 - . IlfiWrnB WIllJ Illb ffutIID ffili) I3fJ!O;nIIj, \'i'li.\ WiJOO ~ Dece mber 12, 2011 . Jan IIi an CiWo f Renton· Depar tment of Development S,ervices ' S. Grady 'way, 6th Floor . -1055 Rento n;WA 98057 , Re:. Olymp~s Villa , Cit'tof Renton File lIlos: LUA-ll-070'FP; LND-l0-0485 . , .' 'Dear J an: Attac hecj are the following documents associated ~itli our request to defer_ the toplift 'a'nd light installation prior to retording the plat of Olyrilpus'Villa: " street • " I 1. 2 . 3 . 4. Application fo'r Deferral anc:llegal description of the property Items and Quantities Involved and Justifitation for'the Request Estimated bonding 'costs.at 150% of-construction costs . Vicinity map .. Wea proje r~ requestrng that we be permitted to bond the streetlights ~nd.the top lift within the ct for a period of approxi.mately three months. Justification.for this request is'· attac hed. If you earlie need any adqitionalinformation, please contact me (425) 825-1955 ext. 142' at your st convenience. Since rely, Bruce Knowlton President of Devel West-AToll .vice Cam BK:w p ment.. ersCompany Cc: 'Arneta Henninger Attac hment , , ,.' Ift;n~~~ ~1lJwljJ ;~ , APPLICATION FOR CITY OF RENTON RIGHT OF WAY USE -DEFERRALS -WAIVERS -V ARlANCES -FEE IN LIEU 1055 South Grady Way, Renton, WA 98057 PROJECT NAME: Olympus Villa· SITE ADDRESS: 7XX Nile Avenue NE 98059 LEGAL DESCRIPTION OF PROPERTY: See Exhibit A -------------------------------- Include King County Assessors Parcel No: _1_1_2_3_0_5_-_9_0_6_5 ______________ _ APPLICANT: CamWest Olympus Villa LLC PHONE: (425) 825-1955 CELL: (425) 829-6036 BUSINESS ADDRESS: 9720 NE 120th Place, Kirkland 98034 Zip Code ATTACH A SEPARATE LETTER WITH THIS APPLICATION STATING IN DETAIL: The request which includes: I. Applicable City Code and Sub-ordinance 2. Items and quantities involved 3. Justification for request 4. Amount of time requested 5. Provide vicinity map (8-112 by 11 inch sheet) Attacb a drawing oeyour site (on 8.5xll incb paper). Mail or drop offtbe completed application and map to: CITY OF RENTON Development Services Division Rick Moreno, Coordinator 1055 -S. Grady Way 6'" Floor Renton, W A 98057 425-430-7378 Completed applications will be reviewed and a written determination issued approximately 3-4 weeks from date of receipt of application. You will be contacted ifapplic tio is incomplete or if additional information is required. APPLICANT'SSIGNATURE:~ ~ DATE: /~;z-11 OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY DEFERRAL () New () Extension VARIANCE () New () Extension Offsite ____________ _ ( ) Underground ( ) Driveway Onsite ____________ _ ( ) Slope Grades ( ) Noise EXCESS RJW () FEE IN LIEU ( ) WAIVER ( ) H;\File Sys\BPW -Board of Public Works\APPLICA TION\BPW.doc O/-'-fMPt-IS Vi' / 4. Order No. L p:.GAL-De $C/{2...l PT JON CS -40082180 EXHIBIT "A" THE PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, 330 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1320 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SUBDIVISION; THENCE SOUTH, ALONG SAID EAST LINE, 315 FEET; THENCE WEST 645 FEET; THENCE NORTH 157.S FEET; THENCE WEST 67S FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID WEST LINE, 157.5 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD AND EXCEPT THE NORTH 103.00 FEET OF THE WEST 95.00 FEET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. I • , Olympus Villa Deferral Request Items and Quantities Involved and Justification for the Request The request: The request is to defer installation of the following construction items until after the recording of the final plat of Olympus Villa: 1. 7 light poles on NE 7th Place and Pasco Place NE. 2. Toplift consisting of2 inches of Class B asphalt within the streets of the project. Applicable City Code: Chapter 4-09-060 (DEFERRAL OF IMPROVEMENT INSTALLATION PROCEDURES), Section 4-09-060 eel) (Public Works Administrator's Deferral of Plat Improvements ... ) Items and Quantities Involved 1. Seven streetlights (underground wiring for the streetlights is already installed). 2. The toplift consisting of 2" of Class B asphalt for apfroximately 1,060 LF of street located both within Shamrock Glen and NE 5' Place offsite to the west of the site. Justification for Request The request to defer streetlight installation is due to the fact that the streetlight poles currently have a very long lead time from the time they are ordered until the time they arrive. The underground wiring for the streetlights is complete, but we don't expect the poles to arrive until just after the first of the year. and possibly a little later. With respect to the toplift, we want to minimize scarring on the road surface associated with various construction activities and wish to pave the road after the site and utility work is complete . A performance in the amount of 150% of the estimated construction costs will be provided to the City for these two items. The estimated construction costs for the top lift and the streetlights is attached to this deferral request. Amount of Time Requested We request that installation of the street light and toplift construction be deferred until March 15,2012. Vicinity Map (8-1/2 x 11 inches) See attached vicinity map which identifies the specific features proposed to be deferred. "-"-' .,," VICtNIIY MAP ~ SCAl.E; 1"-500' NE ilH Sf ELI III II ) ITII, I I I AFTER RECORDING MAIL TO: Bruce Knowlton Cam West Olympus Villa LLC 9720 NE 120th Place, Suite 100 Kirkland, W A 98034 City Of "., p '"leoton fanning D' , , IVISIOn SEP 28 lUll DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR Grantor/Declarant: Grantee: Abbr. Legal Description: Tax Account No,: Docs Modified: OLYMPUS VILLA, A SUBDIVISION Cam West Olympus Villa LLC, a Washington limited liability company Olympus Villa Homeowners Association Plat of Olympus Villa, Volume _ of Plats, Pages, ___ , King County Recording No, _____ -,-- [Full Legal Description on Exhibit A 1 112305-9065 N/A DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 1 \ ) ) :/ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR OLYMPUS VILLA, A SUBDIVISION Cam West Olympus Villa LLC, a Washington limited liability company, hereinafter referred to as "Declarant", makes this Declaration as of the _ day of 1,201 SUBMISSION OF THE PROPERTY TO THIS DECLARATION A. Declarant, CamWest Olympus Villa LLC, is the owner of the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as "Olympus Villa" or the "Property," and more particularly described in Exhibit A attached hereto. B. Declarant has created an owners association at Olympus Villa 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. These covenants and servitudes are intended 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. The Declarant hereby submits the Property to this Declaration of Covenants, Conditions, Restrictions and Reservations ("Declaration" or "CC&Rs"). The Property shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to these CC&Rs, 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, devisees 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. "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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 2 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" or ("HOA") shall mean the Olympus Villa 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 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" and "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 Lots have certificates of occupancy issued for the Home thereon and have been conveyed to Class "A" Members other than builders; (b) January I, 2020; (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. "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 detention facilities, open space, tot lots, recreational facilities, parks, lakes, streams, wetlands, private streets not dedicated to the City, County or the State of Washington, trails and fencing on Common Areas. The Common Area includes the property and improvements described in Section 2.1 of this Declaration. "Declarant" shall mean Cam West Olympus Villa LLC, a Washington limited liability company. No successor or assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless such rights and obligations are specifically assigned to such party by written instrument designating the party as Declarant hereunder or which pass by operation of law. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE3 "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 Monument(s)" shall mean any entry monument(s), signs, landscaping, lighting and other improvements that are or may be installed by the Declarant or Association to mark the entry to the Plat and includes any irrigation for the same. "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 1-13 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. "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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 4 "Plat" shall mean the plat for Olympus Villa 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 __ under Recorder's File No. records of King County, Washington. "Private Stormwater System" shall mean the storm detention pond and water quality facilities located within Tract A. "Property" shall mean the real property described on Exhibit A attached hereto. "Public Stann Drainage Easement" shall mean that easement granted to the City of Renton over Tract A as set out in the "Easement ProvisionslNotes" section on Sheet 2 of the Plat for the purpose of operating, maintaining and repairing the Private Stonnwater System facilities located in Tract A in the event that said facilities are not maintained or negligently maintained as further set out on Exhibits B-1 and B-2 attached hereto. It shall also mean the easement granted to the City of Renton over the Lots and the Private Storm Drainage Easements to repair any deficiencies of the private drainage facilities in the event that the Owner(s) is/are negligent in the maintenance of such facilities. In the event that the City must repair any such facilities it shall be at cost of the Association and/or the Owner(s) who fail to maintain said facilities. "Public Utility Easement" shall mean the easement across the exterior 10 feet and parallel with the street frontage of all Lots for the location and maintenance of public utilities, including but not limited to, power, telecommunications, cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment. The Public Utility Easements are described in Note I of Easement Provisions on Sheet 2 of the Plat and depicted on Sheets 4 and 5 of the Plat. The Public Utility Easements are further described on Exhibits B-1 and B-2 attached hereto. "Street Lighting" shall mean the lighting for streets within the Property. "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 house, fence, wall, rockery, hedge, sign, statue, basketball goal, pole, antenna, dish or other receiving device, or the like, and (ii) any excavation, fill, ditch, dam, 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 C shown on the Plat and any improvements thereon. "Yard Landscaping" shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, but does not include the Street Trees. Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS Section 2.1 Description of Common Area. The Common Area, as shown on the Plat, is comprised of the following: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 5 Tract A -Detention Tract B -Open Space/Sensitive Area Section 2.2 Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. [n the event that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in the Tracts previously owned by the Association and have the attendant obligation to maintain the Tracts. 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, including easement rights of Owners, 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, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or NOPE 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. Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two-thirds of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be duly executed by the president and secretary or other officer of the Association who shall certifY that the requisite vote or consent has been obtained. Section 2.4 Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements: C The Common Area, including any fences located thereon and private Association utilities within the Tracts, including the Private Stormwater System facilities in Tract B, but excluding any public owned utilities and private utilities required to be maintained by Owners; C All Association utilities or facilities located on Lots and C Any Entry Monuments and Association Signage. The Association Maintained Area also includes any other areas, facilities, improvements or property that may be 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 and Association owned utility facilities therein. All such DECLARA nON OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 6 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 -7.8 and Exhibit B-1 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 infonning 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 detennined by the Board after Notice and Opportunity to be Heard. Section 2.7 Public Utilitv Easement and Public Water Easement. The Plat creates a Public Utility Easement on the Lots for utility installation and maintenance which may include some or all of the following: 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 for said purposes. Within the easement areas, no structure, 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 maintain any the landscaping within the easement area within a Lot and the Association must maintain the easement area within a Tract. The owners of the utilities are generally responsible for maintenance of the utility facilities within the easement areas. Section 2.8 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 2.9 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 perfonn 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 2.10 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 (OLYMPUS VILLA) PAGE? Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment. The Olympus Villa Homeowners Association (the "Association") was formed on September _, 20 II by filing of an application with the Secretary of State of the State of Washington. Section 3.2 Form of Association; Articles of Incorporation. The Association is a nonprofit corporation as set out in the Articles of Incorporation, duly formed and operated under the laws of the State of Washington. The Articles of Incorporation may be amended as set out in Article 12 of this Declaration. In the event of any conflict between this Declaration and the Articles of Incorporation, the provisions of this Declaration shall prevail. Section 3.3 Bylaws. The Board of Directors of the Association has or will adopt 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. The Bylaws may be amended as set out in Article 12 of this Declaration. 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 voting membership: Membership and Voting Rights. The Association shall have two classes of 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 upon 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 oftitle to the Lot and then 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 fonn that complies with generally accepted accounting principles. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 8 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"). Section 3.10 Audit of Financial Statements. 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. 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. Article 4. MANAGEMENT OF THE ASSOCIATION Section 4,1 Administration of the Property. 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 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 detennine are necessary or proper for carrying out its powers and duties under this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 9 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 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 and Removal. 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 in the Yard Landscaping on the Owner's Lot that the Board 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 and provided further that the Association shall maintain and pay for the costs of maintenance of the Street Trees on the Lots and Tracts. If an Owner wishes to remove any tree that is part of the Yard Landscaping (other than Street Trees) 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, no Street Tree or tree on any Lot may be removed without complying with City of Renton tree removal pemlit requirements. 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 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. I Construction and Exterior Alterations or Repairs. 5.1.1 Any Structures to be constructed, erected or placed within the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 10 Property, and any alteration or change to the exterior appearance of any Structure on the Property, must be approved by the Board acting as an Architectural Control Committee ("ACC") or an ACC composed of three or more persons appointed by the Board. Nevertheless, Owners are not required to obtain ACC approval for alterations solely to the interior of any Structure, flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and nonnal 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, provided that ACC approval is not required if repainting a Home with an original color scheme used on any Home elsewhere in the Plat provided that no Home may be painted the same color scheme as any adjacent Home. 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 ACe. 5.1.2 The ACC will review submittals as to quality of design, planned materials and conformity and harmony with proposed or existing Structures on the Lot; the effect the proposed Structure will have on the view or outlook of surrounding Lots; compliance with building setbacks and Plat provisions; the location, elevation and finish grade of the Structure on the Lot; and compliance with any architectural guidelines 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 S.IA. 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 for Homes or significant Structures be prepared by an architect or a competent house designer approved by the ACC. The ACC may require that all Homes and significant Structures be erected or constructed, and all major exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC in its reasonable discretion. 5.1.6 The ACC shall have the right to refuse to approve any design, plan or color for Structures or other improvements, including swimming pools and other recreational Structures, and exterior alterations of Structures, which in the ACC's opinion are not suitable or compatible with other Homes in the Plat, and such refusal may be based entirely on aesthetic or other factors. With respect to recreational Structures, the ACC may consider the visual impact of the proposed Structure or equipment and the noise impact ofthe related activities upon all nearby Lots and the Common Areas. Any enclosure or cover used in connection with sllch a recreational Structure or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 11 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. 7 Declarant (including any successor in interest to Declarant) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by Declarant. 5.1.8 By majority vote, the ACC, may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder, provided that the Board as a whole shall approve such guidelines and amendments thereto. 5.1.9 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 applicable building codes. The ACC may require that the Owner furnish the ACC with evidence that all necessary penn its 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 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 with this Declaration and the Bylaws and which treat all Members fairly and in a non-discriminatory manner. 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 (OLYMPUS VILLA) PAGE 12 Article 6. MAINTENANCE OBLIGATIONS OF OWNERSIUSE RESTRICTIONS/ EASEMENTS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association, each Owner, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Home, Structures, the Yard Landscaping and other improvements on the Owner's Lot in a good, neat, 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. Lawn, trees, hedges, shrubs, and flowers shall be maintained in an attractive, neat and trimmed condition. Lot Owners shall be responsible for sweeping and snow removal of the sidewalk located on the Owner's Lot. Each Owner is responsible for irrigation for the Yard Landscaping of such Owner's Lot. If any Owner fails to maintain, repair, replace or restore the Owner's Home, Structures, landscaping or other improvements as required herein, 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 payor reimburse the Association on demand for all such costs and expenses. Section 6.2 Restrictions on Stora~e: Use of Garage. 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. Parking is not allowed on the sidewalks. No vehicle parked in any driveway may extend into the street or sidewalks of Olympus Villa or otherwise inhibit vehicular or pedestrian traffic or access to any Home. 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; (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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 13 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 unreasonably disturbing other Owners, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 Signs. 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 conceruing 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 14 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 unless otherwise approved by the Board. All rental agreements shall be in writing, shall have a tenn of at least 30 days (unless otherwise approved by the Board), and shall specify that it is subject to this Declaration, the Articles and Bylaws. If a rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws shall be enforceable against the tenant/lessee and the Owner. 6.1 0.2 If any amounts due to the Association in accordance with the provisions of this Declaration are in default for over 30 days, that sum, plus interest and costs, may be collected by the Board from a lessee of a Home/Lot in default. The lessee shall pay to the Board from the rent owed to the lessor any such amounts due to the Association. The lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee'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/Lot under this Declaration) for Assessments and charges or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Home/Lot 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. Section 6.12 Satellite Dishes and Antennae. Except as approved by the ACC, and subject to applicable federal and local laws governing their location and size, 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. The Plat prohibits access to the public streets other than via Tract E (the private road serving the Plat). The Plat also prohibits any variance form the approved setback/dimensional standards for the Plat for future improvements on the lots. 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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 15 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. This period may be extended by the ACC due to inclement weather or other unforeseen events. 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 unless prohibited by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from barbeques 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 Home 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. Section 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Home or Lot, the Owner shall promptly restore and repair the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board is required to rebuild in accordance with a plan that is different from the original plan or such plan as modified by alterations that were 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 (exclusive of the Lot value) 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. Celtain 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 three feet 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 16 Section 6.21 Fence Easement. Declarant has or may construct certain rockeries, walls and fences between Homes on adjoining Lots within Olympus Villa, or on Lots which are adjacent to Tracts or lots in other neighborhoods. 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, Tract or lot in another neighborhood. 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 of a Lot with another Tract or Lot, or with a lot in an adjacent neighborhood. Therefore, Declarant reserves an easement for Declarant, one foot wide on each side of each common Lot boundary line for the placement of fences, rockeries and walls, and also reserves an easement on Lots 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. This easement is in addition to any easements set out on the Plat and those described in Exhibits B-1 and B-2. 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 Owner of a Lot upon which Declarant has installed a fence, wall or rockery shall be responsible for its maintenance and if placed on a common boundary line between Lots, the Owners of Lots on each side of a fence, wall or rockery shall be jointly responsible to maintain them in good condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or removal of the fence, wall or rockery subject to ACC approval. Each Owner may, however, paint or stain its side of any fence located on a common boundary without the consent of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area described herein on Lots within Olympus Villa, 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 Lots as set out on the Plat. In the event an Owner 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 pOitions 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. Each such Assessment, together with interest, costs, late charges and reasonable attomeys' fees shall be the personal obligation of the person(s) who was the Owner of such Lot at the time when the Assessment fell due. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, if not paid when due, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made as set forth in Section 7.13. The personal obligation of an Owner for delinquent Assessments shall not pass to a successor in title unless the lien for such delinquent Assessments was 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. DECLARATION or COVENANTS, CONDlTIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 17 Section 7.2 Liability for Assessments. Assessments which may be levied pursuant to the authority of the Board as set forth in this Declaration shall be established in accordance with this Article 7. Except as set forth in Section 7.10 with respect to Declarant, the obligation to pay Assessments shall commence as to each Lot after the Board first detennines 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. After termination of the Class B Control Period, the Board shall, within thirty days after adoption of any proposed budget of the Association, set a date for a meeting of the Members to consider ratification of the budget which shall be not less than ten nor more than fifty 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. 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 detennine 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 detennine the amount of the General Assessment payable by each Owner for an assessment period at least 30 days in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an Assessment shall not render such Assessment void or invalid. Any failure by the Board, before the expiration of 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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 18 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, (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 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 7.9 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 thereof to be assessed a late charge not to exceed 20% of the delinquent Assessment and in addition, be charged interest at the rate of 12% per annum on the outstanding balance (Assessment plus late charge) if the delinquent Assessment plus late charge has not been paid by the last day of the month in which it is due. Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have commenced on all Lots, the Declarant may either pay Assessments as set by the Board in the same manner as any other Owner, or may pay 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 60 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 19 Such notice of Assessment may be filed at any time at least IS 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. 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. I 5 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 Assessments and charges or lack thereof for 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 collect any Assessment or to foreclose the lien of any Assessment. In any action to foreclose the lien of, or otherwise collect delinquent Assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, 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 and all costs, fees, late charges and interest which have accrued thereon, with respect to the Lot to which such notice of Assessment was recorded. 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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 20 and recordation of the notice of Assessment and any efforts, including litigation, to collect the delinquent Assessments, including a reasonable sum for attorneys' fees and costs. In addition, a fee of one-hundred dollars ($100.00) or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation of the satisfaction of lien shall be paid to the Association prior to such action. The satisfaction and release of the lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. Section 7.19 Delinquent Assessment Deposit: Working Capital. 7.19.1 A Lot Owner may be required by the Board to make and maintain a deposit in an amount of up to three months estimated monthly Assessments, if a Lot Owner has been thirty days (30) days delinquent in payment of any Assessments owing on two (2) or more occasions within a one (I) year period. 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. The Board shall provide notice to the Lot Owner of such deposit requirement thirty (30) days in advance of its due date. 7.19.2 Said deposits shall not be considered as advance payments of regular Assessments, but a fund to be drawn on by the Association if the Lot Owner fails to make payment of Assessments owing by their due date. 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 the 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 payments and deposit restoration payments as provided by this Declaration and by law. The deposit shall be returned to the Owner if the Owner makes all Assessment payment when due for a period of one (1) year. 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 any reimbursement from the purchaser. 7.19.4 The first purchaser of any Lot shall pay to the Association, in addition to other amounts due, three hundred dollars ($300.00) as an initial contribution to the Association's working capital. Such working capital contributions are not a prepayment of nor credited to assessments owing or to become owing by any Owner, and are not refundable or subject to reimbursement by the Association. Such funds shall not be used to defray Declarant's expenses in completing the construction or development of the Property or to makes up any deficits in the budget of the Association during the Class B Control Period. Such funds shall be turned over to the Association upon termination of the Class B Control Period. DECLARATION OF' COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 21 Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. 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 enforcement rights elating to the maintenance obligations of the Association as a third party beneficiary to the extent 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 substantially 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 anyone or more instances to insist upon or enforce the strict perfonnance 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 tenn, covenant, condition or restriction, but such tenn, 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 Liabilitv. 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 infonnation 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 13 hereof. 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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 22 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 the case where such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the perfonnance of his or her duties, and/or in the case when 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 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 solely in his/her capacity as a Member or Owner of a Lot and not in his/her capacity as Board member. Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages or deeds of trust which were made in good faith and for value upon the Lot. 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 10.2 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 10.3 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. 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 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 23 (j \. 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 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 approved and executed by the Class B Member. 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 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 c DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 24 ~e_provisions of this Declaration relating to the maintenance obligations of the Association set fort,h J!'-the Plat, as provided in Section 14.6. ) Section 12.2 Plat. Subject to other applicable provisions of the Declaration, the Plat may be amended by revised versions or revised portions thereof. Except as otherwise provided in Section 12.3, until the termination of the Class B Control Period the Plat may be amended by an instrument approved and executed by the Class B Member, provided that if such amendment directly affects a Lot owned by someone other than Declarant the approval of the Owner of such directly affected Lot shall also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class B Control Period, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided that the Owners of all Lots directly impacted by the proposed revision must approve the proposed amendment. Copies of any 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 or Plat into compliance with any applicable rule, regulation, requirement, decision or order of the Federal Housing Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or a local or state government; (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. 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 at a reasonable cost; 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. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE25 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 such notice provision is 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. 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 mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 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): Cam West Olympus Villa LLC 9720 NE 120'" Place, Suite 100 Kirkland, Washington 98034 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 26 14.1.1.3 Until the termination of the Class B Control Period 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 infonnation 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 Declarant and KKBL, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Member. Section 14.4 Joint and Several Liabilitv. 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 prior to and at the time of recording of this Declaration, but 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 has 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~tenanc~.obligationsofthe Association required by the Plat.may not be amended or tenninated'withollt the -\Vritten' approval of the City of.Renton. The Cit; ~hall be deemed to be a third party beneficiary of this Declaration with respect to ail provisions relating to the maintenance obligations of the Association set forth in the Plat and shall have the full right to enforce to enforce the same. Section 14.7 Severabilitv. The prOVISIOns hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 27 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 execution, but shall not be effective as against purchasers of Lots and Mortgagees until recording. Signature on next page. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) PAGE 28 Sigllll/ure Puge DATE: ____ _ DECLARANT: Cam West Olympus Villa LLC, a Washington limited liability company By: :-:-c:-:--::---:---:-:------ Eric H. Campbell Its: Member 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 member of Cam West Olympus Villa LLC, a Washington limited liability company to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated this _ day of ___ ., 20 II. (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 (OLYMPUS VILLA) PAGE 29 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Olympus Villa according to the Plat thereof recorded in Volume ___ of Plats, Pages __ _ under King County Washington Recording Number _________ _ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) EXHIBIT A EXHIBIT B-1 MAINTENANCE OBLIGATIONS This table identifies the various lots, tracts, and easements within the Property, who owns those portions or has an easement interest, who is responsible to maintain them, and how the maintenance II d Exl 'b' B 2'd d'l b h L d T costs are a ocate . 11 It - : provl es more etal a out t e easements over ots an racts. Lots, Tracts or Property Owner or Easement Maintained by: Paid for by andlor Easements: Beneficiary: Assessed to: Individual Lots Lot Owner owns Lot, including Owner maintains Lot Owner pays. Street Trees, planter strip and Home, other Lot sidewalk, and Private utilities structures & Yard serving the Lot. Private and Landscaping; Public Utilities owned by others irrigates Yard are located within an easement on Landscaping & Lots as set out on the Plat. Street Trees on Lot; sweeps & removes snow tram sidewalk. Private Storm See Exhibit B-2, Note 4 See Exhibit B-2, Lot Owners Benefitted, Drainage Easements Note 4 see Exhibit B-2, Note 4 Public Utility The Public Utility Easement is Public Utility Public Utility Easement over all located on all Lots & Tracts A-C. Lots and Tracts A-C, The Public Water Easement is and Public Water located on Lot 5. Lots are owned Easement over Lot 5 by the Lot Owners; Tracts are owned by HOA; easement facilities are owned by Utility. Tract A -Detention HOA owns Tract, pond and other HOA maintains HOA pays & all Lots storm facilities and landscaping in everything except assessed for Tract. Any public Utilities within the Public Utilities. maintenance of Tract. the Public Utility Easement are owned by the Utility. Tract B -Open HOA owns Tract, pond & other HOA maintains HOA pays & all Lots Space/Sensitive storm facilities. Any Public everything except assessed. Area Utilities within the Public Utility the Public Utilities. Easement are owned by the Utility. Tract C -Future Developer retains ownership of Developer maintains Developer pays. Development Tract. Public Utilities in Public everything except Utility Easement are owned by the Public Utilities. Utility. Street Lighting City of Renton City of Renton City of Renton DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) EXHIBIT B-\ EXHmITB-2 PUBLIC AND PRIVATE EASEMENTS (Easement Notes from Sheet 2 of the Plat) EASEMENT PROVISIONS 1H£.E"SEMENTS DEPICTED ON, THE U..." so,EETS, OF' THIS FINAL PlAT ARE fOR niE uUl1m PURPOS£S liSTED BELOWAND:ARE.HEREBY.CONVEI'ED,FOLLOMNG THE REC~NG OF THIS FINAL PlAT AS SPECIFIED ACCORDING T'~ 'THE ,RESERVATIONS USTED BELOW, 0' ,. • THE CIT' ,Of RENTON SHALL HAVE THE RIGIT TO, ENTER THE' PRIVATE DRAiNAOE EASEI.IENTS SHOWN HEREON'TO 'REPAIR ANY ,DEFlaENCIES, OF, THE DRAINAGE FAaUTY IN. !liE EVENT THE OI\NER(S) IS/ARE NEGLlGENT IN, THE MA .. TENANCE OF'THE ORAlNAGEfAaUTlES, 'THESE REPAIRS SHALL BE AT THE OWNERS.'COST. o • -. ,.. -.' -, I. AH EASEIoIENT IS HEIlEBY GRANTED AN) OONVEYEO TO. THE CITY OF RENToN, PUGET SOUND ENERcY, QWEST, COI.ICAST, TIlE O\lNERS Of; All LOTS \11TH .. THIS P,lAT,AND THElR.RESPECTlVE SllCCESSORS ANO,ASSIGOIS, UNDEIR,'OVER, AND UPON ,THOSE EASEIIENTS'DESICNATED AS. ·UTlun: EASEIoIENr, 1H£ EXTUlIOR.IO'FE£T • PARAUEL Vo1TH AHO AOJOIN"G,THE STREET FftONTAOE OF'ALL LOTS AND TRACTS IN WHICH TO.INSTALl, LA'. CONSTRUCT"RENEW .. , OPERATE ANa I/~NTAIN U_RGROUND CONDUITS, CABLE. PIPElINE AHD lIIRES, WITH THE NECESSARY fACILITIES AND' OTHER [QUPMEHT FOR THE PURPOSE OF SERVICE TO THIS SUBOI\llSlON AHO 'OTHER' PROPEIRTY WlTH ELECTRIC, TELEPHONE: GAS. CABLE TV OR INTtRHET.SEIR\lCE. SE\\ER; WATEIR AND DRAINAGE, TOGETHER IIITH THE RIOHT TO ENTER UPON THE EASEIoIENTS 'AT ALlTII/ES FOR. THE PURPOSES STATEO"NO UNESOR"WlR[S ,OR' THE TRANSMISSI()N OF ELECTRIC CURREHT,:OR F'OR .TELEPHONE USE,' CABLE TELE\lSlON, FIRE OR POlICE SlGNAL.OR.OTHEIR·PUP.POSES:SHALlBE PV.OEO OR BE PERI/ITTEO TO'BEPlACED UPON AllY LOT UNLESS THE:'.SAIIE SHALL BEUNO;RGROUNO OR IN CONDUIT .... TTACHEO TO " ~LOING. ,2: ,~~~Bg.:~io~~N~~~SH~~~:ril:ri:f~;~E:~ ~r:.suF\'M~ ~~:F:G~~ AAE PV.T \11TH WATEIR'SER\ICE. Al.L' WATER rAOUTlES,WlTHIN SAID EASEWENTS'SHALl BE 0_0 ANO MAINTAINED BY THE, lONG COUNTY WAtER DISTRICT. NO. go; " ' ., .... " ' J; AN .0vriiLi'lNci. 'EAsDa:NT IS HEIlEBY CONIIt:'Im:TO'THE OTY at: RENTON,. OR ITS SUCCESSOR I<GENCV; O'lEll, UNDER 'AND UPON, TRACT:O:, AS F'ORlHE I'VRPOSE Of' OPElRATlHG, MAINTAINING, AND REPAIRIHG:THE DRAINAGE' rl\CluTI£s IXlNTAlN~ THEREON. .. .. .".... , ' ... ' 4. niE ,10 fill,.! DRAINAGE EASaiENT o\U uNoi:II ANO AcRoss, iH£, mONT Of' LOTS 3 AND:. AsSH~ HEIREON IS.FOR THE' BENEFIT Of' LOTS 2 THROIJOH 50 LOTS 2 THROUGH'S SHALl BE RESPONSIBUE F'OR::THE'CI)ST OF.'·, MAINTENANCE. REPAIRS OR, RECI)NSTRUCTlON·OF THAT PORTION Of' THE' DRAlNI\C£ ,SYSTEI.I·USEO IN Cl)UMON WlTH THE EXCEPTION. THAT OWNERS OFAHY LOWER, PARCEL SHALL HOT BE RESPONSIBLE fOR THE'STORI/ UIIt: ABOVE TH£lR CONNECTlCN.· , ,. , , . , THE, 10 FOOT DRAINAGE:EASEMENTOI/[R UNOEIR' ANDACROSS,TH[ fRONT OF LOTS 7:THROUOH 9,AS SHirotI ~~ltrl~TE:v.~~~AlWs ~R~~C~=Tlr..~TSr:Ar~~oiI9 $.~ ~~~~i'~'iiJ~~ .. CO .... ON WlTH THE EXCEPTION THAT OWNERS OF ,ANY LOWER PARCEL'SHALL HOT BE RESPONSIBLE FOR THE STORI/ UNE IoS9VE THBR Ci)HNECTlON. , .. THE1h FooT'DRAIN'AG[' EAsE!.iENT O'JIR U'NDER AND' ACROSS THE' FRONT ,Of LOTs 1\' ANti 12 AS SHOWN. .. HEREON IS. FOR·1H£ BENEFIT, Of' LOTS 10 THROUOH'12, LOTS'10 THROUOH'I2 SHALL-BE RESPONSIBLE FOR lHE COST Of UAiNWANGE, REPAIRS OR I'f:CONSTRUCTION Of THAT PORTION Of, THE ORAINAGE SYSTEI/ USED IN COt.IljON \11TH THE E~CE~TlON, TH.U QM£RS OF' ANY lOW[RPAAca. sHALl NOT BE RESPONSIBLE F'OR THE' STORII UNE ASOVE THEIR. ,CONNECTION.' '. '.. ' ., , .. THE. 10 I'OOT DRAINAGE EASlEt.1ENT OI/[R UNDEIR AND;.cROSS EASTEIRlY PORnONS OF,LOTS 8 THROUGH 8. EI<STElRLY AND'SOUTHEAlY pPRTlONS Of LOT.9 AND TRACT'" AS SHOWN HEIlEON IS FOR THE. _EFlTOf' LOTS 5 THROUOH '9. LOTS ~'THROUGH V. SHALL BE. RESPONSIBlE FOR ;THE COSl OF M"i'lTEHANCE, . REPAIRS OR RECONSTRUCTION ,OF, TH ... T Pl)RTlON OF THE DRAINAGE SYSTEM USED IN, COMMON WITH THE EXCEPTION THAT OWNERS 'Of' ANY LOWER p~ SHALL NOT BE RESPONSIBlE FOR THE STORM UNE ABOVE THBR'IXlNNECTlCN. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) EXHIBIT B-2 • • EXHffiITB-2 PUBLIC AND PRIVATE EASEMENTS (Easement Notes from Sheet 2 of the Plat) EASEMENT PROVlS1ONS ~O~~~~~~~U~~~O C~':JDM~C:~~~ T,\'J~a:I~~';l-;TTH~~EF~~~ i!:.~ Tu~~iFfpt~~g~~c~~~~c T,) THE RESERV~TlONS USTED 8I:LOWo . THE CITY or RENTON SHALL HAVE THE RI(HT TO ENTER THE'PRlV~TE DRAiNAGE EASEUENTS SHollil HER£ON'TO .REPAIR ANY.OEFICIENCIES OF THE ORAiNAGE' FACIUTV IN lliE EVENT THE OIlNER(SJ IS/ARE. NEGUG£NT IN THE M.IMTENANCE OF'THE 9RIIINAGE '!,CSUTlES, "THESE REPA1R~ SHALL' BE AT ·THE OWNERS: COST. I. AN EASOAENT IS HEREBY GRANTED.AN) CONVEYED. TO:,THE:.ClTY'OF RENTON •. PUCET SOUND ENEROY. civoEsl. COMeAST. THE ()lINERS OF; ALl LOTS "'THIM THIS ~T AND THEIR ,RESP£C.TlYE 'SUCCESSORS ANa, ASSIGNS,' UNDER. OVER, AND uPON THOSE EASalENTS O£SlONATEO AS -UTiUTY EAS£>IENr. THE EXTERIOR 10 FtET , . PARALLEL WITH 'AND AOJOINING. THE STREET fRONTAGE OF'AU: LOTS 'AND TRACTS IN MIlCH TO.INSTALL;.LA'. CONSTRIICT. RENEW •. OP[RATE AND IIANTAIN UNDtRGRCUNDCONDUITS, CABLE. PlPEUNE AND \liliES; WItH THE NECESSARY fACIUTIES AND' OTHER EQUPIIENT FOR THE PURPOSE Of S£R\'ICE TO THIS SUBDIIIISION AND OTHER ~~~ :i::.~C:~'t 'fk~~~'U~~~Lf,.~::~,ll·~~~O~:'~~~~T2~tN~' UNES OR. WIRES FOR THE TRANSMISSION Of ElECTRIC CURRENT.,OR FORTEl.EPHONE USE,·· CABLE TElE'I1S1ON, FIRE OR POUCE SIGNAL oR OTHER·PUP.POSES·SHALl 81: PlACE!) OR BE PERIIITTED TO'BE ~CEO UPON AllY LOT UNlESS THE,SAIIE SHALL BE UNDORGROUND OR IN CI)NOUIT ATTACHED TO A EI\.!ILpING. 2: ALI. PUBUC WATER. EASOAENTS AS SHO,," ON' THE MAP SHEETS OF THIS·PLAT or. SHNotROCK CLEN ARE • HEREBY coNloEYED TO ICING COUNTY ..... TER· DISTRICT NO. '90 . FOR THE PURPOSE Of P1\OIoIDING· THIS PlAT ",THWATER:SER'Y1CE. 'Al.L:WA1'EJl.FAClUTlES:WllHINSAIO EASEIoiENTS SHALl BE ()IIN[D AND IIAINJIllNEO BY THE. KiNG COUNtY WATER DISTRICT NO. SO;" ,... . . J; AN 'oVERt. YlNO. EAsEWtNT' IS HERt:BY coHIoEYEi( TO' THE CITY or RENTON. OR ITS SUCCESSOR AGENCY.' OVER. UNDtR· AND' UPON. TRACT. 'S:. As FOR']HE PURPOSE OF OPERATING, "'IIINTAlNlNG AND REPAIRIMG·. THE DRIIINAG£ FIIClUTlES CONT",NEO THEREON. '. .... .'..... '" 4~ mE 10 FOClTDRAINAGE EASElItHT oVa' uilli£R).ND Aciloss·THE· FRONT. OF LOTS';' AND'·. AS SHO\WoIHEREON ~~N~C:.E~~RO: ~W~~~~J4 ~~TTH~~:~SH~:""~~ON~M.~~THI~~~~·· .. WITH THE EXCEPTION THAT ()IIN[RS OF ANY LOWER PARCEL SHAll NOT BE RESPONSIBLE FOR THE STQRt.I UII!: ABOVE TH[lR' CONNECTION." .' . . THE. 10 (OOT DRAINAGEfAsEMENT 'OYER UNDER' AND ACROSS THE FRONT. OF LOTS ·7,THROUGH9. AS. SHOwN HEREON IS. FOR' THE BENEFIT Of LOTS e ,THROUGH 9; LOTS 6 THROUGH 9'SHALl BE RESPONSIBLE FOR. THE' COST Of·MAlNTENANCE. .REPAIRS OR. RECONSTRUCTION OF·THAT. PORl1ON, OF .THE· DRAINAGE SYSTEN USED.IN COMMON WITH THE EXCEPTION THAT O'Nt'ERS'or ANY LOWER PARDEL SHAll NOT BE RESPONSIBLE FOR .THE STORII UNE~VE THEIR CONNECTION. . . THE 10 FOOT'DRIIINAG£'EAsEwENT OVER U'NDER AND' AcRoss THE FRONT .. OF LOTS 11. "",,' 12 AS SHOIIN. . HEREON IS. FOR· THE 8I:NEFlT OF LOTS 10 THROUGH 12. LOTS, 10 THROUGH 12. SHAI.L"BE AESPONSISLE FOR THE COST OF MAINTENANCE, R£PIIIRS OR. FECONSTRUCTION or THAT PORl1CIN OF" THE DRIIINAG£ SYSTEM USED tN COIIt.tON "'TH THE EXCEp110N,THAT ~s OF ANY LOWER PARCEL SHAI.L NOT BE RESPONSIBLE FOR THE' ·STORII UNE ABOVE THEIR CONNECTION. . ".. ." .. . . THE 10 f1)OT DRAINAGE EASEJrofT <MR UNDER AND ACROSS EASTERLY PORl1ONS Of LOTS 8 THROUGH II. EASTERlY AND'SOUTHERI.Y PORlIONS or LOT. 9 AND TRACT'II AS SHOWN HEREON.IS FOR. THE IlENmT OF " LOTS 5 THROUGH 9. LOTS 5.THROUGH 9.SHALLBERE~SlIIlE·FOR:.THE COST or "'INTENANCE •. REPAiRSOR ·RECONSTRIICTION .. OFTHAT.PORTION OF THE DRAINAGE SYSTEt.t USED IN. COMMON. \11TH THE EXCEP,TlONTHAT OWNERS' OF ANY LOWER PARCEL SHAU. NOT BE RESPONSIBLE FOR THE STORII UNE ~1oE THEIR COHNECl1f)H. _. . . ,-' DECLARA rlON OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS (OLYMPUS VILLA) EXHIBIT B-2