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Home My WebLink AboutMiscBELLAMONTE IN THE HGIHLANDS 316 Union Avenue NE Renton, Washington LEVEL ONE DRAINAGE REVIEW July 31, 2007 Prepared for: Davis & Kurth Attn: Johnathan Kurth 1201 Monster Road SW Suite 320 Renton, Washington 98057 (425) 228-5959 office (42S} 226-9227 fax Submitted by: Offe Engineers, PLLC Attn: Darrell Offe, P.E. 13932 SE 159"' Place Renton, Washington 98058-7832 (425} 260-3412 office ( 425) 988-0292 fax Project Description The purpose of this report is to present a preliminary drainage and downstream review for the proposed Bellamonte in the Highlands Mixed-use project in accordance with the City of Renton requirements. The project is located at 316 Union Avenue NE within the City limits of Renton. The Bellamonte in the Highlands project is a proposal to create 26 town house units and two retail/condo buildings on the existing property comprising of 1.00 acres. The project is currently consists of three single-family homes with outbuildings and lawn. These existing structures will be removed as part of the site construction. The parcel is bounded to the North by retail/business use; to the east and south by vacant un-developed property; and to the west across Union Ave by single-family units. Review of Resources Critical Drainage Area Map • Maplewood Creek / Cedar River / Lake Washington Watershed Flood plain/floodway (FEMA) Maps • There is no mapped floodplain in the immediate area per the available FEMA map. Sensitive Areas • Wetlands -There are no known wetlands located on the project. To the east along Maplewood Creek is a wetland associated with the creek. This is approximately 120 feet to the east. • Streams and 100 Year Flood Plains -There are no streams or floodplains on the property. Maplewood Creek is located approximately 150 feet to the east. • Erosion Hazard Areas -There are no landslide hazard areas on this project. • Landslide HaZilrd Areas -There are no designated sensitive slopes on or adjoining the property. • Seismic HaZilrd Areas -The area is not mapped as a seismic hazard area. • Coal Mine HaZilrd Areas -The property does not appear to be located within a designed coalmine hazard area. -2 - C:\Offe Engineers\! PROJECTS\Davis Group\Bellamonte in !tie Highlands\Level One\stOrm report.doc U.S. Department of Agriculture, King County Soils Survey • The underlining soils have been classified by Geospectrum Consultants, Inc. as Glacial Till. Flow Control Application • The flow control for the project will comply with the 2005 KC Drainage Manual. A proposed detention / water quality vault is located to the easterly side of the project. The vault will discharge into the wetland (not within the wetland) on the property to the east. The conceptual vault shown on the Drainage Plan is sized to meet this standard for detention (flow control). Water Quality Application • The proposed project will trigger the threshold for water quality requirements. The proposed vault will be sized to meet this requirement of the 2005 KC Drainage Manual. Landslide Hazard Drainage Area Map • The site is not located in a landslide hazard drainage area. Field Inspection Offe Engineers has visited the site on several occasions. The most resent visit occurred the morning of August 2, 2007. The site is vacant with houses and heavy weeds growing near the houses. In the back (to the east) the property is over-grown by blackberries and hard to access to the east. The site currently drains from west (Union) to the east via sheet flow. Union Avenue NE is a fully improved roadway with storm drainage facilities within the existing curb and gutter. A very minor amount (400 sq. ft.) of Union Ave. will contribute to the on-site drainage facility when the new curb and gutter is installed. The flow from the property sheet flows east approximately 150 feet to Maplewood Creek. The Creek was dry on August 2, 2007 during a site review. Maplewood Creek then flows south and east in a well-defined channel. There were no visible signs of overflow or capacity issues with Maplewood Creek. Review of the 8 Core Requirements and 5 Special Requirements of the 2005 King County Surface Water Design Manual Offe Engineers has reviewed the Core and Special Requirements in Chapter 1 of the King County Surface Water Design Manual, and addresses each of the requirements as follows: Core Requirement No. 1 -Discharge at Natural l.oaltion The project will discharge into the existing storm system (Maplewood Creek) to the East. Core Requirement No. 2 -Offsite Analysis The property appears to be an isolated parcel down grade from Union Avenue NE with no water off site drainage entering the parcel. The surrounding properties are -3 - C:\Offe Engineers\! PROJECTS\Davis Group\Bellamante in the Highlands\Level One\storm report.doc developed and contain the storm water within their projects. The elevation of Union Ave NE is above the site. Core Requirement No. 3 -Flow Control A storm water facility will be installed as part of this proposed development to treat the runoff of the project. Core Requirement No. 4 -Conveyance System The onsite conveyance system will be sized to convey the 25 year storm event as required by the 2005 Manual; this analysis will be provided as part of the design documents. Core Requirement No. 5 -Erosion and Sediment Control A Temporary Erosion and Sediment Control Plan implementing the Best Management Practices will be designed as part of the final engineering plans for the project in accordance with City of Renton requirements. Core Requirement No. 6 -Maintenance and Operations The Maintenance and Operations Manual for the Highland Square will be included in the Final Storm Drainage Report as part of the final engineering design for the project. Core Requirement No. 7-Financial Guarantees and Liability The Financial Guarantees and Liabilities will be required prior to the project being finalized by the City of Renton. Core Requirement No. 8-Water Quality The water quality for the project will be provided within the storm water facility. Special Requirement No. 1 -Adopted Area-Specific Requirements The project is located within the Cedar River Basin Plan. Special Requirement No. 2 -Floodplain/Floodway Delineation This requirement does not apply. Special Requirement No. 3 -Flood Protection Facilities This requirement does not apply. Special Requirement No. 4 -Source Controls This requirement does not apply. Special Requirement No. 5 -Oil Control This requirement does not apply. -4 - C:\Offe Engineers\! PROJECTS\Davis Group\Bellamonte in the Highlands\Level One\storm report.doc Appendix A Figures 1. Vicinity Map 2. Existing Topography 3. Proposed Site Plan 4. Drainage System Table 5. Downstream Map -5 - C:\Offe Engineers\! PROJECTS\Davis Group\Bellamonte in the Highlands\Level One\storm report.doc 1. Vicinity Map fx ~r------_J ~ <: ~ z NE 4TH ST ::i GREENWOOD !s! NE 3RD CT < CITY OF RENTON CEMETERY j!, ~ NE 2ND ST LEISURE ESTATES MHP SUNNYDALE MHP HEAlHERDOWS PARK z ~ z w a:: LL ,-=;-:-:c.a-=:--V----'-0 SE 1ST Pl /'.: u SE 2ND PL SE SE VICINI TY MAP SCALE: 1"-1/4 MILE 2. Existing Topography LE•4-0J.J ~E)·~05.24 , .;,(; C!J,<C) , .... 3 L il-Jll. i\ ;;;ij;'1"1 I L·ll ,: $~ ~~ v1 Ll CARAGE ~v11\ 2 <i: ''I ~ :;; 81 OH£/CA z " I • j~~-~1~:./ ;~~ a!,,-/_L,, !rt! Ii= ' ,--' -,lo ..... / / / / / I •1 I ... HOUSE 518210 0013 S. LINE, N. 100', S 2/5, TRACT 1. 2 STORY BUILDING 6' OIMIUIK FDIC£ ,,.. I 518210 0014 / ...l \~ LOi 2 _,.,. _,.,. e· COD F£NCE ... • ... 'J _,.,. ,.,. .,. ... . ... f ... , -V ~-///////I _,.,. .... ·"' ! / / / ,( / / / ( / / / / / / J;"' RIM..,ffi.31 I.E.>'406.9J(WX8"PVC) 1.E.=-406.53(EX8"PVC) I.E.=402. 71(S){15"CONC) LE."'402.63(N)(15"CONC) Rll,Aa:408.95 I.E.=407.66(HX8"PVC) ~' -.~ ... !Jl I I I G ... .... 3. Proposed Site Plan ~ UNION AVE. N.E. ----· ------------- , ~, I ' .. ' II I I I I i I I I T .. I ( I! ... I)/ /, ----------- --------- I I l I I I I ....... --, ~ "' ;;; ::. .; .. -------.... --- --_ ........... 4. Drainage System Table Basin: Cedar River Symbol Drainage Component Type, Name, and Size see map Type: sheet flow, swale, stream, channel, pipe, pond: Size: diameter, surface area A Sheet flow B Open Channel OFF-SITE ANALYSIS DRAINAGE SYSTEM TABLE SURFACE WATER DESIGN MANUAL, CORE REQUIREMENT #2 BELLAMONTE IN THE HIGHLANDS Subbasin Name: Map_lewood Creek Basin Subbasin Number: Drainage Slope Distance Existing Potential Observations of field Component from site Problems Problems inspector, resource Description :lischarae reviewer, or resident drainage basin, vegetation, % Y.ml = 1,320ft. constrictions, under capacity, ponding, tributary area, likelihood of problem, cover, depth, type of sensitive overtopping, flooding, habitat or organism overflow pathways, potential impacts area, volume destruction, scouring, bank sloughing, sedimentation, incision, other erosion Heavy Vegetation 10% 150' None None None observed Maplewood Creek -heavy 3% 1500' None apparent NIA None observed vegetation Channel is located on Ribera Short Plat project Which City of Renton has currently under a pennit with Tom Foster c:\offe engineers\1 projects\davis group\bellamonte in the highlands\level one\drainage system table.doc 5. Downstream Map Appendix C Geotechnical Report Page 7 c:\offe engineers\! projects\davis group\bellamonte in the highlands\level one\storm report.doc Appendix B Technical Information Worksheet -6 - C:\Offe Engineers\! PROJECTS\Davis Group\Bellamonte in the Highlands\Level One\storm report.doc n River 'A Stream &ff<:;( n; [J Critical Stream Reach D Depressions/Swales D Lake D Steep Slopes Part 7 SOILS Soil Type Slopes Glacial Till ___ _ 0 -100/o [l Additional Sheets Attached Part 8 DEVELOPMENT LIMITATIONS REFERENCE D Ch. 4 -Downstream Analysis n D n D [J D Additional Sheets Attached Part 9 ESC REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION K.sedimentation Facilities }f_ Stabilized Construction Entrance l)t" Perimeter Runoff Control D Clearing and Grading Restrictions D Cover Practices lJ Construction Sequence D Other Floodplain-------==----A Wetlands off:-> L Tt lJ Seeps/Springs D High Groundwater Table D Groundwater Recharge D Other _________ _ Erosion Potential Erosive Velcoties No LIMITATION/SITE CONSTRAINT MINIMUM ESC REQUIREMENTS AFTER CONSTRUCTION [J Stabilize Exposed Surface D Remove and Restore Temporary ESC Facilities D Clean and Remove All Silt and Debris D Ensure Operation of Permanent Facilities D Flag Limits of SAO and open space preservation areas D Other City of Renton TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 1 PROJECT OWNER AND PROJECT ENGINEER Project Owner: Davis & Kurth Address: 1201 Monster Road SW Suite320 Renton,WA 98057 Phone: (425) 228-5959 attn: Johnathan Kurth Project Engineer: Darrell Offe, P.E. Company: Offe Engineers, PLlC Address/Phone: 13932 SE 159th Place Renton, WA 98058-7832 (4251260-3412 Part 3 TYPE OF PERMIT APPLICATION LJ Subdivision D Short Subdivision D Grading D Commercial D Other Part 2 PROJECT LOCATION AND DESCRIPTION Project Name: Bellamonte in the Highlands Location Township: 23 North Range: 5 East Section: 16 Part 4 OTHER REVIEWS AND PERMITS LJ DFW HPA D Shoreline Management n COE 404 !J Rockery lJ DOE Dam Safety D Structural Vaults [I FEMA Floodplain O Other 0 COE Wetlands Part 5 SITE COMMUNITY AND DRAINAGE BASIN Community North Renton Drainage Basin Maplewood Creek / Cedar River / Lake Washington I Part 6 SITE CHARACTERISTICS Part 10 SURFACE WATER SYSTEM LJ Grass Lined LJ Tank LJ Infiltration Method of Analysis Channel ')(.vault n ~?-'f'.2 Depression Compensation/Mitigati l)(' Pipe System D Energy Dissapator D Flow Dispersal on of Eliminated Site D Open Channel LJ Wetland D Waiver Storage [J Dry Pond 0 Stream D Regional D Wet Pond Detention Brief Description of System Operation: catch basins within access road discharging into storm water vault with discharge into Maplewood Creek. Facility Related Site Limitations Reference Facility Limitation Part 11 STRUCTURAL ANALYSIS Part 12 EASEMENTSfTRACTS Cast in Place Vault Drainage Easement D Retaining Wall D Access Easement D Rockery> 4' High [J Native Growth Protection Easement [J Structural on Steep Slope [! Tract [J Other [J Other Part 13 SIGNATURE OF PROFESSIONAL ENGINEER I or a civil engineer under my supervision has visited the site. Actual site conditions as observed were incorporated into this worksheet and the attachments. To the best of my knowledge the information provided here is accurate. Z.3N R5E E 1/2 ine ct ct i I \__J ~ I C, . Lilac~ ct C, :, --...:--' ---'_ .. ~,:::::~--.,-__ 7 -- GEOSPEG.'RUM CONSU,.fANTS, INC. . -. "~--... .. - -:·-<-·l.,~-~,, ... ;;:.c:;JA~,&~tshMlit«m,:Q,~,:j.ji:i:,'.'{,ID~~~".l:!.&,.,:.a:e:&w1AACJ&.wo= , .µ..q 4 -""~'-""" r ___ -:, _.,,, ~ .,.~ ,,-...n n Jr-.,,-,, r n,..,, r,,~,i:::l, r, nn nnn t-rTrTr1 ...... r--:-1An l": P8 December 17, 2004 Mr. Daniel Mendes Redhawk Construction, Inc. 254 Union Avenue NE Renton, WA 98059 I SUBJECT: GEOTECHNICAL CONSULTATIONS Storm Water Infiltration Feasibility Tax Lots 518210-0011, -0012, -0014 254, 316 & 318 Union Avenue NE Renton, Washington Project No. 04-134-01 Dear Daniel, This report presents the results of our geotechnical investigations and evaluations of the feasibility of storm water infiltration within the subject properties. Our work was performed in accordance with the scope and conditions of our proposal letter dated October 9, 2004 and your authorization dated 10/20/04. The proposed development is located on the east side of Union Avenue SE, south of NE 4th Street in the city of Renton. An undated conceptual site development plan prepared by Scott Dahlin was provided to us and .used as a reference for our evaluations. Subsequently a site survey and development plan prepared by GeoDatum, Inc., printed December 1s;2004was provided to' us for use in oui'i'eport. We understand, based on discussions with Scott Dahlin, that the proposed infiltration system would be most likely be a gra11ity infiltration tank (pipe) located adjacent and parallel to the east property line. · P.O. Box 276. Issaquah, WA 98027-0276 • Phone: (425) 391-4228 Fax: (425) 391-4228 Redhawk Constructio1., ,nc. December 17, 2004 SCOPE OF WORK Our geotechnical services included subsurface exploration, engineering evaluations, consultation with Scott Dahlin and the preparation of this report. The scope of 11VOrk included the following specific tasks: o Reviewed published geologic mapping of site vicinity. o Observed the excavation of 4 test pits to depths ranging from 2.5 to 9 feet below the ground surface to observe the subsurface soil conditions. Locations of the test pits are shown on Figure 2. o Continuously logged the subsurface conditions, as encountered in the test pits at the time of excavation. Logs of the test pits are presented on the summary sheets of Appendix A. o Performed engineering evaluations of the site conditions and their impact on the feasibility of onsite storm water infiltration. o Prepared this geotechnical report summarizing our preliminary findings and evaluations of storm water infiltration and (at Scott Dahlin's request) recommendations for foundation design, site grading and site drainage. EXISTING SITE CONDITIONS The proposed development is located on the east side of Union Avenue SE, south of 41 h Street in the city of Renton as approximately shown on Figure 1. The properties are currently developed with residential structures as shown in Figure 2. Topography on the properties slopes down very gently to the east as shown on Figure 2. The contours of Figure 2 indicate a maximum elevation difference across the site from the southwest comer to the southeast comer to be about 6 feet. The existing site surface gradients are indicated to range from about 10% to less than 5%. The properties to the north and south have similar topography but the property to the east slopes down gently to moderately to a low area which we understand has been designated a wetlands area. ~.·,':· ~·---_, .. )'' Subsoils eu{ ·evaluation of the sulflsurfat:e cdrfdlflQhs was:'based on our exploratory test pits, surface observations and review of published geologic mapping. Logs of our test pits are included in Appendix A of this report. Project No. 04-134-01 Page 2 Redhawk Constructio, ,, Inc. December 17, 2004 Our test pits encountered a sequence of debris fill over loose weathered surface soils becoming dense to very dense and hard/cemented relatively un-weathered glacial till at shallow depths (below the natural surface). Fill soil depth ranged :friilm about 1+ feet in Test Pit 4 to 5.5J~et in both Test Pits 1 arid 3. : The Ifill was generally sjlty sand with gravel but included, brick, plastic, metal, asph~lt •and concrete debris. ' In general the fill depth was greatest at the east end of the properties and diminished westward. Natural subsoils encountered in our test pits indicate that the site is generally underlain by weathered to fresh glacial till soils. The glacial till soils encountered at the site were generally found to consist of silty fine sand with gravel. A dark brown layer of topsoil was observed at the top of the natural soils at all test pit locations. The underlying weathered glacial till soils 'N8f'e loose to medium dense to depths of about 1 to 3 feet below the surface. The weathered soils ranged from moist to very moist and were brown and red--brown. The less weathered to fresh glacial till soils underlying the weathered soils were generally very dense/hard and cemented, moist and gray or gray- t,rrn.,/11 \'.~th red"brown. GrourigJ/V_ater Durrng·excavation of the test pits, -rr~'ffll'.ter--or·!t~!,leFwas· btfstlt'Ved Soils were generally classified as moist but moist to very moist soils were encountered 1n Test Pit 1. Measures soil moisture content ranged from about 10 to 14 percent in the moist soils and up to 28.9 percent in the very moist soils. Subsurface Variations Based on our experience, it is our opinion that some variation in the continuity and depth of subsoil deposits and ground water levels should be anticipated. Due to the depositional characteristics of the natural soils and seasonal ground water variations, care should be exercised 1M1en interpolating or extrapolating subsurface soils and ground water conditions betvveen or beyond the test pit locations. Fill depths are expected to vary over the site, depending on the original natural ground surface,.previous .gr,adiflg-ana--aRy-othera,previous onsite structures. Project No. 04-134-01 Page 3 Redhawk Constructid, ., ,nc. December 17, 2004 EVALUATIONS AND RECOMMENDATIONS Geology Review of published surface geologic mapping of the site vicinity (see Figure 1) indicates that the site surface soils were mapped as glacial till soils (Qgt). These glacial soils were deposited during the Vashon glaciation, the last glacial advance into the Puget Sound area which ended approximately 13,500 years ago. Glacial till soils are typically a compact mixture of clay, silt, sand and gravel which were deposited at the base of the glacial ice. Based on our subsurface explorations on the site, in our opinion the natural soils encountered at the site are glacial till soils (Qgt) consistent with the referenced geologic map. Infiltration System Feasibility Based on the subsurface conditions observed in the test pits it is our opinion that the natural glacial till subsoils are not suitable for storm water infiltration. Although the glacial till soils are technically sands, they contain a high percentage of fines and the un-weathered soils are very dense and cemented and in our experience they have very low permeability. The existing·fill>·and weathered soils are much less dense and have higher permeability, however'their higher permeability and ability to infiltrate would for the most part be negated by the presence of the very low permeability natural soils that exist at relatively shallow depths We understand that your proposed storm water infiltration system IM'.lUld likely be a gravity infiltration tank (pipe) running parallel to the east property line. The system IM'.lUld most likely be established within the existing fill soils encountered in the test pits in the eastern site area. Based on our experience and judgment, in our opinion, vertical downward infiltration of water entering the existing fill and weathered soils will be limited to the depth of the very dense/hard cemented natural glacial till soils. Due to the much lower permeability of the very dense/hard natural soils, vertically infiltrating water will be forced to migrate laterally away from !h_ec.sys_tep:and .doWA-ihe buried nati.lral ground surf-ace whiQh appearsJo slope down.to.tbe.oeasL .. Lateral seepage IM'.luld then occur at much lower seepage gradients which would resylt in much lower infiltration rates for the system, likely below practical limits. In addition, the laterally infiltrating water would most liKely emerge on the adjacent neiqhborinq property to the east ·with potential irnpacls nn slope stab ii ity, Page 4 j .:; . Redhawk Constructio, ,, Inc. December i7, 2004 Therefore, considering all of the above, the feasibility of the proposed storm water infiltration system at this site is, in our 01,>imion, unlikely and would likely have impacts on the adjoinif')g property to the east. If further evaluation of the feasibility is requested, we will need specific design plans for the system and will need to perform infiltration tests within the fill/weathered soils and perform modeling analyses of the seepage conditions (both of 'Nhich are beyond the scope of this preliminary study). Structure Foundations Conventional spread footings founded on undisturbed dense to very dense natural soils should provide good support for the proposed stru9(ures. AH footings should be founded at least 18 inches below the lowest adjacent final grade but should be deepened as required to penetrate existing fill and weathered soils to bear on the undisturbed dense to very dense natural soils. Sqware footings should be at least 24 inclies -wide and continuous wall footings should be ;:it least 1 S inches wide; Fnotings constructed as recommended may be designed based on an allowable vertical bearing pressure of2000 psf. · Where fill soils and/or unsuitable loose/medium dense natural are encountered, footings should be deepened as required to penetrate the fill and unsuitable soils to bear on undisturbed dense natural soils. To provide a level bearing surface, footings should be stepped in areas where the dense bearing soil surface slopes. An average step ratio no !;te'ic!pei'' fha'H 1'.5'.'1'-{lit\'riZontal:vertical) should be used to reduce overlapping of foundation stresses . As an alternative to deep spread footings to penetrate fill and unsuitable soils and/or satisfy slope setback requirements, foundation loads may be transferred from the recommended minimum foundation depths to the recommended bearing . soils by a monolith of lean concrete having a minimum compressive strength of 1000 psi. The width of an unreinforced lean concrete monolith should be at least as wide as the footing or at least one-third of the monolith height, 'Nhichever is greater. Reinforced monoliths should be designed by a structural engineer. A suitable width trench should be excavated with a smooth edged excavator bucket (no teeth) to expose the dense/very dense bearing soils under observation by our office and backfilled as soon as possible with the lean concrete to the footing elevation . ...•• Se,ttlemenLof wreadl~ f<ltindatiop~is~e«~tQ ~ .wiJj1liD;tc:il!:!Jabl$:.1JJnits f<>r this structure. -Forexample,ctl'le>0stimate&·se1tlementof continuous wall footings supported on undisturbed very dense/hard natural soils and carrying loads up to 3 kif is expected to be on the order of Y. to Y. inch. Maximum differential settlement within properly supported structures is expected to be on the order of Y. inch. Settlements are expected to occur primarily during construction. Project No. 04-134-01 Page 5 Redhawk Constructie,. , Inc. December 17, 2004 For lateral design, resistance to lateral loads can be assumed to be provided by friction acting at the base of foundations and by passive earth pressure. A coefficient of friction of 0.4 may be assumed with the dead load forces in contact with onsite soils. An allowable static passive earth pressure of 250 psf per foot of depth may be used for the sides of footings poured against undisturbed natural soils or properly compacted structural fill. The bearing values indicated above are for the total dead load plus frequently applied live loads. If normal code requirements are applied for design, the vertical bearing values may be increased by 50% for short durations of loading which will include the effects of wind or seismic forces. Allowable lateral passive pressures may be increased by 33% for wind and seismic forces. Site Grading Site grading is expected to be limited primarily to excavation for foundations and subgrade preparation for slab floors and driveway. Site Preparation: Existing vegetation, debris, existing fil I and/or loose or medium dense ·· soils should be stripped from the areas that are to be graded. During rough grading, excess soils should be hauled off site and no material should be placed on slopes. Soils containing more than 1 % by weight of organics may be used in planter areas, but should not be used for, fill-beneath·b-uildtng · OF pavement areas Stumps, deb·r1s and trash should be removed from the site. Subsoil conditions on the site may vary from those encountered in the test pits. Therefore, the soils engineer should observe the prepared areas prior to placement of any new fills. Temporary Excavations: Based on the subsurface conditions encountered in our test pits, it is our opinion that sloped temporary excavations in natural soils above the ground water may be made vertically to depths less than 4 feet. Deeper temporary excavations should be made at slope gradients no steeper than 1:1 (horizontal:vertical). It should be noted that the contractor is responsible for safety and maintenance of construction slopes. Structural Fill: Excavated onsite silty sand soils cleaned of debris are considered suitable for general structural fill but not adequately free-draining for use as retaining " . ... . . . . 'l'r.llt ,b~~I!,., .• ,Q~o.,,Jre;~~r~l'.liQQ ,))JlJ:,Prted,;gran1.1l1;1r,f.ill sti9:l/lq ~ lJSed for relair,ing: . ' . . ,.~, . QloseJO medilJm,;aensuQ.ils,'fom'iwork and oebris shouid be removed in ··· accordance with the "site preparation" recommendations prior to placing fill or backfill. Structural fill should be placed in horizontal lifts not exceeding 8 inches in loose thiekA8s!I and compacted Jo at,i,easf9Q'.\',t, l,t Jhe maJl:itnµm drY. density .as determined by the ASTM D1157-91 test method. Imported granular fill should be clean, well-graded sand and gravel materials free of organic debris and deleterious material. Project No. 04-134-01 Page 6 ' Redhawk Constructio, ,, Inc. December 17, 2004 Subgrade Preparation: Existir,g fill and loose or otherwise unsuitable soils should be stripped from areas for support of pavements or)ilabsson-grade and structural fill shQuld be placed to the final · subgrades, Concrete slabs-on-grade and pavements should be supported directly on dense natural soils or structural fill over dense natural soils. The top 6 inches of subgrade fill should be compacted to at least 95 percent of the ASTM D1557 maximum dry density. Concrete slabs and pavements should have 2-way reinforcement and should have frequent construction joints to reduce the potential for cracking. If a floor covering is to be placed over an interior concrete slab the slab should be underlain by a capillary break consisting of at least 4 inches of crushed gravel or a polyethylene vapor barrier of at least 6 mil thickness. If a vapor barrier is used it should be covered with 2 inches of clean sand to reduce punctures and aid in concrete curing. Utility Trenches: Buried utility conduits should be bedded and backfilled around the conduit in accordance with the project specifications. Where conduit underlies concrete pavement or slabs-on-grade, the backfill above the pipe should be placed and compacted in accordance with the recommendations for structural fill. If clean granular fill is used for trench backfill it should be capped with 6 inches of onsite silty soils in non-paved areas. DfainageGontrol Adequate positive drainage should be provided away from the structures and on the site in general to prevent water from ponding and to reduce percolation of water into subsoils. Granular backfill should be capped with paving or 6 inches of onsite silt soils. A desirable slope for surface drainage is 2% in landscaped areas and 1 % in paved areas. Roof drains should be tightlined into the street storm drain system or other appropriate discharge point (no surface discharge adjacent to structures). A permanent perimeter drain, independent of the roof drain system, should be placed adjacent to the base of the continuous exterior foundations. The drain should consist of a four-inch diameter perforated PVC drain pipe placed in at least one cubic foot of drain gravel per lineal foot along the base of the foundations. The drain gravel zone around the pipe should be encapsul~~d with 8 membrana of Mirafi 140,filtercfabric-or. eq1,1ivalent,between the :draiAagezone mater.ial . .a~Q0Stf&:S~iFbackfiiE;A.tleast one interior drain· should be provided in the subfloor area connecting to the perimeter drain on the downslope side at the lowest point. Project No. 04-134-01 Page 7 ' Redhawk Constructi1,.., ., Inc. December 17, 2004 Plan Review This report has been prepared lo aid in the evaluation of this site and to assist the owners and their consultants in the design and construction of the proposed development. It is recommended that this office be requested to review the final design drawings and specifications to determine if the recommendations of this report have been properly implemented and to make any supplemental design recommendations v.tiich may be required. Observations and Testing During Construction Recommendations presented in this report are based on the assumption that soil conditions exposed during construction will be observed by our office so that any necessary design changes or supplements may be made. All footing excavations should be observed prior to placement of steel and concrete to see that they have penetrated into bearing soils and that excavations are free of loose and disturbed materials. Drainage control systems should be observed to ver.ify proper construction. Proper fill placement and compaction should be verified with field and laboratory density testing by a qualified testing laboratory Project No. 04-134-01 Page 8 Redhawk Constructiu, ,, Inc. December 17, 2004 CLOSURE This report was prepared for specific application to the subject site and for the exclusive use of Redhawk Construction, Inc. and their representatives. Our 'NOrk was pertormed directly by or under the supervision of the undersigned. The findings and conclusions of this report were prepared with the skill and care ordinarily exercised by local members of the geotechnical profession practicing under similar conditions in the same locality. We make no other warranty, either express or implied. Variations may exist in site conditions between those described in this report and actual conditions encountered during construction. Unanticipated subsurtace conditions commonly occur and cannot be prevented by merely making explorations and pertorming reconnaissance. Such unexpected conditions frequently require additional expenditures to achieve a properly constructed project. If conditions encountered during construction appear to be different from those indicated in this report, our office should be notified. Respectfully submitted, GEOSPECTRUM CONSULTANTS, INC. ~Crt(tlftitt~ James A. Doolittle "'-~ Principal Engineer Encl: Figures 1 and 2 Appendix A Dist: 1/Addressee 1/Scott Dahlin 1/GeoDatum, Inc. Project No. 04-134-01 Page 9 r<>.f: Geologic M.p of the Rr>ntnn Q.1a,trn11<JlP. l"II' n. R. Mullineaux, usm Map C-,Q-405, ~ .•. :,. •. :' j' : f. GEOSPECTRUM CONSULTANTS, INC. 11 ,,- I -~ ·~/ x· ... , ~-· P,<:,5 ; . .. ~ -· 1965 SITE VICINITY ,GP.Ol,OGIC MAP Prop, m:orrn Wnt<>.r Infiltration Ff',,r,ibilty 254, 316 11. 31fl Union i\vr>.nnn rrr.: Renton, Wru:..hi!1<Jton Proj. No. 04-134 Date 12/01 Figure 1 -·-,,.. __ ,-,,~ --· :: >"·'..• -: -;:._ .:_ = ~L'.'fi9TlE"' ,,, 1·--- S:: .. r-.,i ~- 1 •., --~ ------,------- . "iS--·1,--M;r&i.,.t,,~OOS_. --,. ·-·--;··.::· - I' .---·---·:... __ , '• @ <. t• e '"I ~ ii,. ---1,-..... ~::.::.:_,,,_!;==m.--tttr 0 ' • 1 i ' ,. ; •. ; " I I> , ~· c,_ 1·;~-i"'"rl::~---f-,-r---\1\lF=hl1f.i:J+/1~4~--:'.;:'=::'::EE"P,W"1: ~ I! ·'·~·:'.', : ,, ~ C C ~ . ,, I C • z ., . _f ~~ -~~=~;:~f::----·• .. ··._-:{·_,:>.··· 1·j./ -. J~:--·-:,· ::·>::· .::,J;l;·:-,'.;'';__,"r':-·",· "rfii,j-:· t...--.-- • 0 GEOSPECTRUM CONSULTANTS, INC. I •. f . _ ~~~~ ~ ilsw) ~~.0111<';,.ffl. ~).~ ._ ' ~- SITE lg[PJ..ORATION Pl.AN Prop. stonn wat.:>.r Infiltration FE>.asibilty 254, 316 t. 310 llnioo AVt?.ntm SF. Renton, Washington ProJ. No,04-134 Date 12/04 Figure 2 APPENDIX A FIELD EXPLORATION Our field exploration included a site reconnaissance and subsurface exploration program. During the site reconnaissance, the surface site conditions were noted, and the locations of the test pits were approximately determined. The test pits were approximately located using existing features as a guide. Elevations at the test pits locations were estimated from the site plan prepared by GeoDatum combined with our own site measurements. Test pits were advanced using a tractor-mounted backhoe. Soils were continuously logged and classified in the field by visual examination, in accordance with the ASTM Soil Classification system. Logs of the test pits are presented on the test pit summaries sheets A-1 and A-2. The test pit summaries include descriptions of the soils and pertinent field data. Soil consistency and moisture conditions indicated on the logs are interpretations based on the conditions observed in the field. Boundaries between soil strata indicated on the logs are approximate and actual transitions between strata may be gradual TEST PIT NO. 1 Logged by JAD Date: 10/20/04 Depth Blows Clqss. Soll Description 0 - 2- - SM Silty Sand with gravel &.G!ibtiles/bnck · &.plastic Consistency loose to medium dense Elevation: 403' Moisture Color W(%) Comments moist dark FILL. brown to & brown very moist 1-----1------"-----------1· .................................... 1------4 e-SM - 5- 10- - - Logged by JAD Date: 10/20/04 Depth Blows Class. Silty fineJ~Hl'imlc:..~.rllol~ ............ edliihl . ~oii .... . ~ense moist g~n 28.9 ~Wiwn 13.6 tiecoi'ii~'~iri~iitecfi'·.. .. ... .;-. ileiise · grav-bm 11.8 Maximum depth 9 feet. No ground water encountered. TEST PIT NO. 2 Elevation: 403.5' Soit Description Consistency Moisture Color W(%) Comments o---------------------------...... -------1 SM Silty Sand w/gravel loose moist FILL brown and dark brown - 1 - - 2- - 3- -SM & metal ftlime debris Silty fine Sand & occ gravel to medium dense loose dark brown 4- -~/f(Je>tS .............................................. . 5-- m. dense to red-brown 5:;... ·, .. dense-· .... , ..... :: ............. : ........... :·.-:· ----·---·-······ .. .. -~ 7 -• Maximum deoth 7 ft. No-iiround water encountered .. GEOSPECTRUM CONSULTANTS, INC. I t i I I I I 8 Geotechnical Engineering and Earth Sciences 10.8 . . Proposed Storm Water Infiltration Feasibility 254,316 & 318 Union Avenue SE Renton, Washington Proj. No. 04-134 I Date 12/041 Figure A-1 ,. ' ,. TEST PIT NO. 3 Logged by JAD Date: 10/20/04 Elevation: 404' Depth Blows Class. Soll Description Consistency Moisture Color W{%) Comments 0 SM Silty Sand with gravel & cobbles loose moist dark FILL -.. ~;~~i!~}r~11;1ents brown 2-<8,'itioffi~ $la)i il!ibfis & brown 10.1 - 4- -. ................... s-SM Silty fine Sand :li~~:ri~: ~-i 11.9 - dense 10.0 8 - 10- - 1Z-Maximum depth 8 feet. -No ground water encountered. 14-- TEST PIT NO. 4 Logged by JAD D.:1te: 10/20/04 . . ,, .. '·-',-,..;.-, ._.,,-... ,.~ . .' ,.-Elevation: 405' Depth Blows Class. SOIi Oescri ption Consistency Moisture Color W(%) Comments 0 -SM Silty Sand w/gravel loose/ moist ,~tik. FILL medium l 1 -ense rown -SM Silty fine Sand w/gravel ri'\Je.h_se reuMu111 2-v.dense B~tn 3- -Maximum depth 2.5 ft. 4-No ground water encountered - 5- - 5-. . , .. ----~-...... , , .... ,. , .. .. .. -•• .. . .. "•· T• ~---•. ' ~-,.,,• •• ~ 7- - . GEOSPECTRUM CONSULTANTS, INC. Proposed Storm Water Infiltration Feasibility I I I I I I 1·• 254, 316 & 318 Union Avenue SE Geotechnical Engineering and E/l/ttJ Sciences Renton, Washington Proj. No. 04-134 I Date 12/041 Figure A-2 -.• :·i. 'le'",',· -··· ----~---;_·_:,'. __ ·5; Logged by JAD Date: 10/20/04 Depth Blows Class. Soil Description TEST PIT NO. 3' Consistency Moisture Color Elevation: 404' W(%) Comments o -.--..... -S-M--,-S-ilt_y_S_a-nd_wtt_· -h-g-ra_v_e_l &-c-o-bb-le_s....,.-loo_s_e--.--m-oi-sl--,-d-a-rk--r---,--F-IL-L--w & asphalt fragments brown & concrete slab debris & brown 10.1 2 4 6 SM Silty fine Sand -:l~f.i:@!i: 11.9 10.0 dense 84--+--+-----------t---------fr------t----t----i-----t 10 12 14 Logged by JAD Depth Blows Class. Maximum depth 8 feet. No ground water encountered. TEST PIT NO. 4 Soil Description Consistency Moisture Elevation: 405' Color W('!.) Comments o--.----,.----,...,..,,--,-...,..-,.----,-----,.--------....----..----.----.. SM Silty Sand w/gravel foo'!,el moist trown FILL 1 rneu1um dar1<.-ctense rown SM Silly fine Sand w/gravel m. ense ···············-·· 2 v. dense " ···· •'(';E'():'S'fiECfRUM COliSULfANJ'S, INC. Proposed Storm Water Infiltration Feasibility 254, 316 & 318 Union Avenue SE I I I I I I IN Geotechnica/ Engineering and Earth Sciences Renton, Washington Proj. No. 04-134 Date 12/04 Figure A-2 t,:.· .. TEST PIT NO. 1 Logged by JAD Date: 10/20/04 Elevation: 403' Depth Blows Class. Soll Description Consistency Moisture Color W(%) Comments 0 ....... -...... ------------,.....---,---.....,.---T"""-...,. ....... SM Silty Sand with gravel loose moist dark FILL -& cobbles, brick to brown to & plastic raedium & brown ense very moist -1---,e------------;······· ............ ·············· SM Silty fine J~.mlc;i;.I'. IT/91:l . ... .... . ··meaiiinr· .... in~L ..... aense moist 28.9 oi'ciwn 1 3. 6 s-·iiecomes·cemeiiteif ······ · · ,;-.--aeiise .. rav-bm 11.8 - Maximum depth 9 feet. -No ground water encountered. - . TEST PIT NO. 2 Logged by JAD Elevation: 403.5' Dep1h Blows Class. Soil Description Consistency Moisture Color W(%) Comments O _-,.._....,._S_M--S-,-·1t_y_S_a-nd_w_/g-,-av_e_l ____ _,._lo-o-se--.--m-o-ist--..,....,...--..... brown FILL 1 - - & metal frame debris to medium dense loose.··.· ... and dark brown .· . g;irk own -w/roots ........................................... . 5- - .-..·-·.· ----~f ... _'.f, ••• - GEOSPECTRUM CONSULTANTS, INC. I I I I I I I I~ GeotechnicaJ Engineering and Earth Sciences m. dense to bed· rown .'.::'.~-:,·./-': Bmtt ·.. . . :~: ,, 10.8 Proposed Storm Water Infiltration Feasibility 254, 316 & 318 Union Avenue SE Renton, Washington Proj No. 04-134 I Date 12/041 Figure A-1 , ...... OIH•fl --..... ~-,-...,c I ·~.jj~ I -~ nnrrn HUim ~HrnH !Heim ~ ~~!.:..U..! """ 112.!1 ---~,-~r;;,__ __ i"J__·I.!:_fil -, Q ".. -•=-II" ---~ ~ ~o 1....-· --;-----n--·nm;qf -----N.E. ,llrJ.[ ' l.i ~------------~-r- 1ara2 sr IIOIM &m (jt IDl7 UIDIO if llOll3 7aH!I I{ 1.61 AC IIOl6 ~I ~J . 15;.-- ' ~ ~ ill~ .111~ 3 fut ~ u.u p 151 0 ,c/ "' -, ' --··; 1l'il~ Sf CIXl8 \ '~f -E ·--11n,---..... ! t '" ',;; JO' 1°u.£,j!,\-, \!~ REN~084-~3 ' -B407 :23900 I LOT:?. ~Ille~· ~ Cll1II I 160.0l ' ' I -.. ~ C: ., I Q ' .. 3 (29J.21) 13.u, c.OI 1 ' - m11& s~ 0009 1~.UI If 8!-IU,}t l t "' Ii &8-IH-~ t L0~2 I R(N LL! 009-!6 8fi0~1210!0 · a RU<i lLI. 0\1 88 !l~HlM-002 H&1l ~f ~ ' 001) l -Sr------------~ ~ iu.aJ 2-4' RU. ESjt ---·.-1:1-:-~; - ----"1.-li. ~:e 1 .:...-. -2~-~ .. -- ui 1-. ~ 2 ~ ui ' ..... ~I= z Q z ~Ii = . ----.,., ~ ~ ~ 1i I w,ai,1 ' '"' i"' -.. g ,~ ," ' I ~ ~ / / 1; lliatt: U!l/H N.E.4THsr. 111u, :sr. 1a H \1.) ----------------ll~U6 ------------·--·------...... • 52H1 ' ' ' ---~' . -· -;;; : :!Ii .,. : t: ~: ~ a ' ;;, -· .=1 ... :- S.i '-1 l8TH ST. -------------1 --_. ----------------~=-ili Q --- J2?.~ '" ,-~ " ti_"-l.'-\ _ ...... 11i::it~~ .t:("1<":.':,~. - ,-, ··c-·· t, 'W 00 " MARTIN'~ ACRE urnm SF UI ,c IErl 010: 81i650 '!if ~AlrlO· ·rm Sf 10 l : ' ' ' ' ~,.,u 003! "' TR,\CTS UNREC. m.B3 !-"'/ ,,,, -,, ... --. : 1. ) §e :3 : \2 .a J ~ ,, q : ;-' .... t, ,;"' - !!! O'....w : oco ~ om ,:.:-i ,._ l"t 1~1 on/ ma: 1 OIi) OIIO --~·-, .... ~:;; e~I lUO~ m~:: COil MM fi· :;.~ ._ ~~ co &f.n -« ' !&R~I """ ' • COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its poficy or policies of titie Insurance, as identified in Schedule A, in fa'llor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preffrninary to the issuance of such policy or policies of title insurance and all liability and ob~ga!ions hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused rt.s corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown on Schedule A. r-stewart '-•title guaranty company STEWART TITlE Company SEATAC, WASHINGTON City. State CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim ol other matter affecting the estate or interest er mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any 1o/;s or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual know(edge of any such defect, lien, encumbrance, adverse claim or other rnatter, the Company !at its option may amend Schedule B of this Commitment accordingly, but such amendm~nt shall not relieve the Company from liability previously incurred pursuant to paragraph ~ of these Condifions and Stipulations. I 3. Liability of the Company undJ this Commitment shall be only to the named proposed Insured and such parties inclucied under the definition of Insured in the form of policy or policies committed for any only/for actual loss incurred in reliance hereon in undertaking In good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acqJire or create the estate or interest or mortgage thereor covered by this Commitment. in no event shall such liability exceed the amount stated in Sched,de A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditibns and Stipulations, and the Exclusions from Coverage of the form of policy or policies pommitted for In favor of the proposed Insured which are hereby incorporated by referercs and are made a part of this Commitment except as expressly modified herein. J I 4. Any action or actions or rights ;of action that the proposed Insured may have or may being against the Company arising dlut of the status of the title to the estate or interest or the status of the mo~age thereoh covered by this Commitment must be based on and are subject to the provisions of this/ Commit_ment. c!!2Yn't~~! I / i All ootices required to be given the Cdmpany and any statement in writing required to be furnished the Company shall be addressed to it ~l P.O. Box 2029, Houston, Texas 77252. I Stewart Title Guaranty Company, Stewart TIiie Insurance Company, Stewart Title Insurance Company of Oregon, National Land Tille Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affifiates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies anc:l practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate ag en! or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no aciditional nonpublic personal information wm be coHected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this infonnation about our customers or fonner customers ta the following types of nonaffiliated companies thal perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engageci in banking, consumer finance, securities and insurance. • Non"finandal companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITIED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services lo you. We maintain physical, electronic, and procedural safeguards ttiat comply with federal regulations to guard your nonpublic personal information. Title Officer: Don Peters Phone: Fax: Title Officer: Robert B. Jackson Phone: Fax: 18000 International Blvd. South, Swte 510 SeaTac, WA 98188 206-770-B?OO + 888-896-1443 E-Fax Number: 208-770-6579 (206) 770-8858 E-rnall: dpeters@stewartcom (206) 770-8801 (206) 770-8860 E-mail: r)ackson@stewart.com (206) 770-<!801 Reference: PROGRESSIVE DEVELOPMENT LLC/DAVIS CONSUL TING INC. Order Number: 206144506 SCHEDULE A 1. Effective Date: November 16, 2006 at 8:00 a.m. 2. Policy Or Policies To Be Issued: ( X) ALTA OWNER'S POLICY, (10117/92) ( X) STANDARD ( ) EXTENDED Amount: TO BE DETERMINED Premium: Tax: Total: Proposed Insured: DAVIS CONSULTING, INC., A WASHINGTON CORPORATION ( ) AL TA LOAN POLICY Amount: Premium: Tax: Tot.al: TO BE DETERMINED 3. The estate or lntarest In the land described or referred 1o in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest In said land Is at the effective date hereof vested in: PROGRESSIVE DEVELOPMENT, LLC, A WASHINGTON LIMITED UABILITY COMPANY 5, The land referred to in this commitment Is described In Exhibit "A". $0.00 $ 0.00 Page 1 Order Numbe~ 206144506 Or'de,r Number: 2061445D6 EXHIBIT "A" LOT 2, CITY OF RENTON SHORT PLAT NO. 395-79 RECORDED UNDER RECORDING NO. 7910119003, RECORDS OF KING COUNTY, WASHINGTON. SCHEDULE B -SECTION 1 THE FOLLOWlNG ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR lNTERESTTO BE INSURED. ITEM (B) PROPER INSTRUMENT($) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY flLED FOR RECORD NOTE: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1' ON SIDES AND BOTTOM, 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. FONT S1ZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 %" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS, PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: Page2 TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE REFERENCE TO AUDITOR'S FILE NUMBER OR SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOUOWING PAGE(S), IF MY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S) RETURN ADDRESS WHICH MAY APPEAR IN THE UPPER LEFT HAND 3" TOP MARGIN Order Number: 206144506 SCHEDULE B • SECTION 2 GENERAL EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY, A. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 8. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT Of;< ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. (A) UNPATENTED MINING CLAIMS, (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF: (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MA TIERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS, (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. G. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATIACH!NG SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. END OF GENERAL EXCEPTIONS Page 3 Order Number: 206144506 SCHEDULE B • SECTION 2 CONTINUED SPECIAL EXCEPTIONS 1. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: RESERVED BY: RECORDED: RECORDING NO.: MINERALS NORTHERN PACIFIC RAILROAD COMPANY JUNE 20, 1900 192430 2. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS THEREIN: RECORDED: OCTOBER 11, 1979 RECORDING NUMBER($): 7910110851 3. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DEUNEATED ON THE FACE OF THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7910119003. 4. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF 11-JE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF RENTON IS 1.78%. --S. OEEO-OFTRt:JST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PROGRESSIVE DEVELOPMENT LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: WASHINGTON EXCHANGE & TRUSTEE SERVICES, INC. BENEFICIARY: CAROL A PILLON, AN UNMARRIED INDIVIDUAL AMOUNT: $185,000.00 DATED: FEBRUARY 3, 2005 RECORDED: FEBRUARY 7, 2005 RECORDING NO.: 20050207000826 (INCLUDES OTHER PROPERTY) 6'. ,"fVltziEJ\rei:OF THE AUTHORITY OF THE INDIVIDUAt.(S) TO EXECUTE THE FORTHCOMING DOCUMl:NT FOR PROGRESSIVE DEVELOPMENT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING.· Page 4 Order Number: 206144506 NOTES: NOTE A: IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVlATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. LT, 2, SP# 395-79, 7910119003 NOTE C: GENERAL TAXES FOR THE YEAR 2006 WHICH HAVE BEEN PAID. AMOUNT: $1,779.37 LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0014-01 ASSESSED VALUATION: LAND: $130,000.00 IMPROVEMENTS: $ 18,000.00 NOTED: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN DAVIS CONSULTING, INC. EXAMINATION OF THE RECORDS DISCLOSES NO MA TIERS PENDING AGAINST SAID PARTY(IES). CHAIN OF TITLE NOTE: THE FOLLOWING DEED(S) AFFECTING SAID LAND WAS' (WERE) RECORDED \MTHIN 24 MONTHS OF THE DATE OF THIS COMMITMENT: ,. GRANTOR: GRANTEE: RECORDING NUMBER: CAROL A. PILLON, AN UNMARRIED INDIVIDUAL PROGRESSIVE DEVELOPMENT LLC, A WASHINGTON LIMITED LIABILITY COMPANY 20050207000825 THE ABOVE INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO LIABILITY SHALL ARISE THEREFROM. MCE END OF SCHEDULE B Page 5 Order Number: 206144506 Copies to: DAVIS REAL ESTATE GROUP/RENTON 1010 SOUTH 336TH STREET, SUITE 110 FEDERAL WAY, WA 98003 ATIENTION: LUKE HOFER Page 6 Order Number. 206144506 ... ~ i:.' JW,J SP ~H·7~ ~ • N AP +i.W.1!f0 g 2. z lD1 I Cllll Q ,11,u t !i ~§ .. ..j "' '" ~, ~ Wi i 111 • ' ~1m,, = " ,!rm • .. ~ l .; }' ~~lo, m.u -- JD,U - iurl"'" ff a IXII\ IP,~! <1:m.U,1, $ JJj.U I :I :l i -, I .J ~. , N = 00!8 • \ ·-:: ORDER NO'.. 206144506 ,- \ \ ' \ 618210 , , !MARTlN • , ( , \ \ W1URIII HUI U Hl!D: nme ,a: '\ \ l01J 11 l~DJ'II lJ ~·" ,, ' 00:lD '"- :·.~·-· N This sl<et<:h i, provided witl>ool charge for information. It i• not intended to show all matters related to tbe property incJcni,g, but not limited to arel, dimensions, encroaehments or locations of boundaries.. Jt's not a pnrt of, nor docs it modify I the commitment or policy 10 which it is attached. TI1e C(lmpany us5"m .. NO LIABJJ.lTV for ony mauer rcl•t•d t.o this sketch. Referenccsho•ld be maile 10 an 1'\CCUretc s.urvey for further information. DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BELLAMONTE IN THE HIGHLANDS HOMEOWNERS' ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by GALLOWAY II, LLC., (Declarant), the owner of certain land situated in the State of Washington, City of Renton, King County, known as Bellamonte in the Highlands, which is more particularly described in Exhibit A. In order to ensure preservation of the gracious residential environment at Bellamonte in the Highlands, Declarant agrees and covenants, that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enJ1ancing and protecting the ·value, desirability and attractiveness of such lai~ds for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall insure to the benefit of each owner thereof and to the benefit ofBellamonte in the Highlands Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. Contents ARTICLE! DEFINITIONS 2 ARTICLE II PRE-EXISTING RESTRICTIONS 3 ARTICLE III DEVELOPMENT PERIOD 3 ARTICLE IV EASEMENTS, OPEN SP ACES & TRACTS 4 ARTICLE V ASSESSMENTS 5 ARTICLE VI MAINTENANCE OF LOTS 7 ARTICLE VII HOMEOWNERS ASSOCIATION 9 ARTICLE VIII MANAGEMENT BY BOARD 9 ARTICLE IX LAND USE RESTRICTIONS 12 ARTICLEX BUILDING RESTRICTIONS 13 ARTICLE XI UTILITIES 14 ARTICLE XII ARCHITECTURAL CONTROL 14 ARTICLE XIII GENERAL PROVISION 17 ARTICLE I DEFINITIONS 2 For purposes of the Declaration and the Articles oflncorporation and the Bylaws of the Bellamonte in the Highlands Homeowner' s Association, certain words and phrases shall have particular meaning as follows: Section I. "Association" shall mean and refer to the Bellamonte in the Highlands Homeowners' Association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article IX. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article IV unless the language or context indicates r,,thPru.ri CP. Section 3. "Properties" shall mean and refer to the real property described with particularly in Exhibit A. Section 4. '·Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. Section,. ··Declarant'" shall mean and refer to GALLOWAY II. LLC .. its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XIII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of Lots 1-32, inclusive Galloway at the Highlands as recorded in Volume of Plats, Pages-----~ Records of King County, State of Washington, under Recording No. Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section I 0. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas designated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DUP-'NG DEVELOPMENT Section I. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until(!) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchasers of the lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all ofDeclarant's authority under this Article by written notice to all Owners. whichever date first occurs. During the Develop Period, the Board of Directors of the Association shall he appointed by the Declarant. Section 2. Notices to Owners. Before the termination of the Development 3 Period, the Declarant will give written notice of the termination of the Development Period to the owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding and provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five lots shall constitute a quorum. The Board of Directors and officers of the Association may be elected by majority vote of said quorum. If a quorum is not present, the Development period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary Board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the Development Period, members of the Board of Directors need not be the Owners. The Temporary Board shall have full authority and all rights, 4 responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such management agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial stages of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SP ACES AND PRIVATE TRACTS Section 1. Drainage Easement Restrictions. Various drainage easements are indicated on the lace of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not he permitted within drainage casements. The easements give the City of Renton the right to enter upon the said easements. and the area immediately adjacent to said easements. in order to effectuate the purposes of the easement. or to construct a hard surface road among the easements. Section 2. Utility Easements. Various utility easements are designed on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas, cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. Not utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement which will interfere with such utility service. Section 3. Structures Prohibited in Rights-of-Way. All rights-of.way within the Plat have been dedicated to the City of Renton. No structures may be placed in rights-of- way within the Plat. Section 4. Maintenance of Detention and Water Quality System. The Home Owners Association shall maintain the detention and water quality system and emergency access roads until such time that those improvements are deeded or sold to a governmental agency, which will assume maintenance and responsibility of such improvements. ARTICLE V ASSESSMENTS Section I. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (I) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the Lot at the time that the assessment fell due. 5 Section 2. Purpose of Assessments. The assessments imposed by the Association shall be used (I) to promote recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the recreational area within the Plat, (3) for legal fees or damage incurred in any action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners· Association is named as a party, (4) for legal fees incurred by the Homeowners' Association, (5) for any other reasonable expenses incurred by the Homeowners' Association. (6) for maintenance of the common storn1 facility. Section 3. Annual Assessment. The initial annual assessment shall be $ __ per Lot payable in annual installments; six percent of the assessment shall be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association or by a Professional management firm. Such allocated funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat management costs, (4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increase in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increase in the annual assessment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increase in the annual assessment which exceeds 10 percent requires the vote of the members of the Association. 6 (b) After the Development Period expires, any increases in the annual assessment which exceeds 10% requires the approval of 51 % of the members of the Association. ( c) After the Development Period expires, the Board of Directors shall fix the quarterly assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement to the Recreational Area within the Plat including fixtures and personal property relating thereto, provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting on person or by proxy at a meeting held duly called for this purpose. Any capital improvements which exceeds $15,000, must be approved by 51 percent of the Ovvners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy any assessment year a special assessment for the purpose of defraying, in whole or in part, ( 1) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred in any action in which a member of either the Board or the Architectural Control Committee is named as a pa11y as a result of a decision made or action performed while acting in behalf of the Homeowners· Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the constant of 51 percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and i,, Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and nor more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association of or proxies entitled to cast 51 percent of the members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called to subject to the same notice requirement; the reqwred quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment Due Dates. The annual assessments described in this Article shall commence on . The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Quarterly assessment shall be sent to every Owner 7 subject to such assessments. The Board of Directors shall establish the due date. The Association shall, upon demand and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as the date of its issuance. Section 9. Effect ofNon-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days of the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest and foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Recreational Area or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for and period during which any assessment which the Lot remains unpaid and for a period not to exceed 60 days for any infraction 01· the terms of either this Declaration. the Anicles or the Bylaws or the Association. Section 10. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinated to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale of transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Owner shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. 8 (a). Street Trees. The street trees planted within and/ or abutting individual Lots shall be owned and maintained by the Owners of said Lots and the trees planted within and/ or abutting the private and public tracts within he Plat shall be owned and maintained by the Galloway at the Highlands Homeowners Association. (b ). Refuse. All lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of and Lot in the Plat; the containers shall be regularly, emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. (c). Storage of Vehicles. Owners may not store goods or equipment or permanently parked vehicles (e.g. boats, cars, trucks, campers, and recreational vehicles) in open view of any Lot, or allow others to do so. When vehicles or goods are permanately parked or stored on Lots for a period over 24 hours, other than in the circumstances described belo\v in subsection ( e) of this section, the vehicles a..'1d goods shall be adequately screened from the view of adjacent right of ways and Lots. The screening of such vehicles of goods must have the approval of the Architectural Control Committee. (d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of an improperly parked vehicle, the Board has the authority to have towed. at the Owners expense. any vehicles that are parked in violation or this section. (e'i. Temporarv Parking bv __ Owncrs. This section does not prevent Owners from parking automobiles and trucks on driveways when the Owners are out of town. (f), Temporary Parking by Guests. This section does not prevent guests from parking automobiles, trucks or recreational vehicles in driveways for a period of four days. However, if the guests either(]) plan to park their vehicles in driveways or (2) stay in their recreational vehicles for a period in excess of four days, the Owners must obtain permission from the Board. (g). Dilapidated, Unsightly Vehicles. Neither Owners nor their guests are allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose ofremoving ve)1icles of other similar objects which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Galloway at the Highlands 9 community, the Board shall, upon receipt of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by the law. In the event that the estimated cost of such repair should exceed one-half or one assessed value of the Lot any improvements of that Lot, the Board shall be required to have the assent of51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles by the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section L Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. Section'· Membership. Every Owner ol'any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the Galloway at the Highlands Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENT BY BOARD Section 1. Expiration of the Development Period. Upon expiration of the Declarant' s management authority under Article III, all administrative power and 10 authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of either the temporary or permanent Board of Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: ( a). Insurance. Obtain policies of general liability insura..11ce. (b ). Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of the Association affairs, administration of the Recreational Area within the Plat. or enforcement of this Declaration. (cl. Street Lightin11. Pay all costs of operating and maintaining street lighting. f d). Maintenance of Lots. If necessary. maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (e). Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational Area within the Plat rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (f). Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (g). Right to Contract. Have the exclusive right to contract for all goods and services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to Association approval. 11 (h). Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs or maintena.-rice activity t.vere necessitated by the O\vner of the Lot entered, in \Vhich case the cost shall be specially assessed to that Lot. If the emergency of the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot. (i). Promulgation of Rules. Adopt and publish rules and regulation governing the members and their guests and establish penalties for any infraction thereof. (j). Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (k). Employment of Manager. Employ a manager, and independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees. (I). Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational Area within the Plat and the Association. (m). Impose Assessments. Impose annual and special assessments. (n). Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (o). Legal Actions. Commerce legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The Board also has the authority to defend against legal actions initiated against the Association. 12 (p). Exercise of Powers. Duties and Authorities. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all Owners or any of them. ARTICLE IX LAND USE RESTRICTIONS Section I. Residential Restrictions. All lots within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for than one family. No Lot in Galloway at the Highlands shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot nor in the Recreational Area, nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of the other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to delineate the lot lines of each Lot, subject to (I) The approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slope over three feet (3 '). Section 5. Temporary Structures. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanately. No vehicles parked in public right-of-way may be used temporarily or permanately for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refilling, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible of the storage tank is buried. 13 Section 7. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot except one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may be used by a builder to advertise the property during the construction and sale period. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish, and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section. the Board will give the Owner IO days· written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of$25 per day. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLEX BUILDING RESTRICTIONS Section I. Building Materials. Homeowners who do not have GALLOWAY II, LLC., or the contractor GALLOWAY II, LLC., designated to construct homes for it ("GALLOWAY II, LLC., Contractor) shall be obliged to use materials of a quality equivalent to those materials which GALLOWAY II, LLC., Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials equivalent quality. Section 2. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local 14 government authority and written approval of such permits from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alternation proposals (see article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and the City of Renton codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping, shall be completed within eight months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and Inspect the structure to determine if there has been compliance with provisions of this Declaration. The above- recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created as easement over. upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may he constructed on any Lot other than by a contractor licensed as general contractor under the statues of the State of Washington without the prior approval of the Committee. ARTICLE XI UTILITIES Section 1. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. (Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within a month of the election of the Board following the termination of the Development Period. 15 Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures ( e.g., garden sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment), fences, walls, appurtenant recreational facilities ( e.g., hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or enclosures), or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials, and location of the structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee also shall review proposals to change the exterior design and location of the proposed structure, alteration, or color change harmonize with the (I) surrounding structures, (2) surrounding natural and built environment, and {3) aesthetic character of other homes in the Plat. Section 3. Membership. The Committee shall be designed by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters or discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify of the Lot involved, and the following information about the proposed structure: 18 responsibility for maintaining the common storm water facility without the prior approval of the city of Renton. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any ( 1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert \Vitness fees incurred in order to enforce the provisions of Ll-iis Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Sever abilitYc The invalidity of any one or more phrases. clauses. sentences. paragraphs or sections hereof' shall not affect the remaining portions or this Declaration of any part thereof. Jn the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be constructed as if the invalid phrase, clause, paragraph or section had not been inserted. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this day of A"'),,......+--, :z o c, 3:::- Johnathan Kurth GALLOWAY II, LLC D ran STA TE OF WASHING TON COUNTY OF KING ) )ss, ) 19 On this .3rd day of QU~:'.:d , 'J,001, before me, the undersigned, a notary public in and for the State of ~shington, personally appeared Johnathan Kurth , Managing Member of GALLOWAY II, LLC a Washington Limited Liability Company, the company that executed the within and foregoing instrument, acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. ~A}-~ V~bl~ic.,_,_in2 an_d_fi_o_r_th_e_S_t_a_te_o_f _____ _ Washington Residing at: '.::ear+le,¥1,A J My commission expires: y;i"tf :).() /0 __ _ 20 EXHIBIT A LEGAL DESCRIPTION - To be inserted METES AND BOUNDS LEGAL DESCRIPTION To be inserted