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Home My WebLink AboutReport 1\ /1' I I \~\ ~'li", 'W' J--.--~ - ' -ro',,,,,, ""', I ~,..-~\\~;~I::: :::~I I 'L"'-I . _ ~"6--(~:':4;""'-<I 1 .. ~-(S) ... ,~, •• ""&"' ~-(,,: ~ ... Jo I _ g_~~~-~~~ __ ~_-& '{~1-~-',\ ~ 'G} <at e@if/o'8oo,. . ~,~ ?/;;l;~'li,~~ . ~/mEE '7, ~ i ',:;: ~iJ$; @ 0 ~ 11 -j"'''r,., !!&-. ~v__ G} 0\ _ ;, ~;-- 0'--~ \ G} U '\ ~.-:-, .:~,,," .M, ~ .--. w,,~. / rREE RETENTION P N iCALE 1-=40' REPLACEMENT TREE PLANT SCHEDULE ~:=-_ """""""" ON '"' """'" • ~ .......... KiII!Iln"' 7 real F ....... MIoIdm!I ~'l'Uaalll.,!r' ... ~ ~"-" 162"eaI F ... Iirod"'*'*'U • F .............. 'AulurmApplauM· I>.tW' 7'Z'r3F"0I'Id~ N:ttIIIIIIIP"Ih'E....,... HedgltIMploo" 82"calFulEnI~ ~~'AuUnn~~ 25 Teal FullllldM8lchlng • __ ...... __ """ ........... _" r .. ,~ .. _ ~rnII'IBIIII DougMFl!" ~ 2"" ~and"'*'*'tl '£lIadd.tdIrat~~ 18~TreeaReqund.78PnJWidad ~XISTING TREE LEGEND )~ t~- ~~- ~- EXISTING TREE TO BE REMOVED PER HEARING EXAMINER'S REPORT 54 SlGNFlCANT TREES (>6" DIA.) EXIST ON SIlE; NONE ARE DCAD, DISEASED, OR DANGeROUS. TREE RETENT10N FOIUM..A {RMC 4-4o-13OH} FOR TIE R-8 ZONE REQUIRES t7TREES TO BE RETAINED. PROJECT PROPOSES 4 TREES TO BE RETAIED 17_4 "'3REPlACEMENTffiEEsREQ'O. 13 TREES IC 12" (12" REPt..ACEMENT RATE PER REMOVB:llREE), .'56 REf>l..ACEMENT INCHES 156 REPLACEMENT IMCHES / r (REPLACEMENT TRE£ ~ :Q8 TWO" CALFER TREES Mf REQUIRED ~ .. ~~~ TREE MATR~IX~=== TREE.i 22"DECIDUOUSREIIIOVE 55~E~ 55~~5 ~~1~5~ ~Elf.~m =:;:~~ = I!riil Inl:; is~~~ =E~~~'~= T"REE1M9 7",T',II"IECIC. RBIO'JE ~~~~~ ~:==~I R-37292I Ziiooi-~~ £ DAT~ AND SURVEY SOURCE: ESM CONSULllNG ENGINEERS ill ~--23 o "'!O 100 NORT SCAlE 1--40'-0" SHEET SIZE 22"x34- co {2, ,7-:2j;ty • BARKER. LANOOCAPE AR= ~~~ W W II: I-I-w -000 ffiz<c wO~ c(c...i=S cn<ZE QOW&! a: 00 I- <IS Cl W -'ZII: ::s E& - TREE RETENTION PlAN 1.0 270J"~SlEEIS -l I"l '=' ;~ J. ,,5'0 > , ... -> N '" @ 19 (~,,~, iii I \ \ \-MOUNT NI:;W JRR[GA"l10N CO!>.'ROLLJ::R TO BACK OF \'\ ~~~~~~;~~lci~r.:~~~g"~,t~RVOLTAGE \ ~ I'OINTOFCON!><LCflONWITIl V4" WATER METER. \ SEECI\lI.S!IT '~ADJUSTIRRlCATTO:-<SYSTF.MTOAV{)1D OVERSPRAY omo MO:O<UMENf SIGN. ADJUST IRRIGATIflN SY!ITEM TO ACCOMODATE PlANT MATERW.AROt::<lD MONUMEI>."T SIGN (NOT SHOV\,'N1 IRRIGATION NOTES 18 lRRWA1l0N :'(','STEM ['\'3T4.U.AT[()N SHALL COMPLY WITfI ALLAPPUCABLE U S BUILDING CODES THEn'NTRAL'TOR IS RK~P(INSIDLf. FOR Vl:RIFYlN(;TIlE UlCATlONS OF ALL lC'."DERGROUND ~~I>.~~J~~HTgl~~~~~~?!~~?~.~~,Op~~~~~:,r;~!~~~i:~~; ~~~~AM.\GF. "LTERN~TlVF. HOURS ARE AFPRO\'F.D B\'cm OF RF.NTO::<l. ALL TRUCK TR.\FFlC, INC1.L"Dll','G FIl.L ,\ND IJEL1I'ERIK~TI!NI USl'.rllY STR~J'l-:;, ,1.11.1'; J.IMmm ro 8 ~o A~I TO 4 00 PM MOND,\\- rllROliGll FRIDAY ALL CONTRACTORSSllALL 11.~V1-: ,\ CIITOr RF.J>.'ON BlJSINF~~S I.JCENSK IF REQUIRED ~S(_l~I~; ~; .. ::~~~ig:~~~~~:~:~~~·~I~~:;~~~;~ J!~~Z~A n-:n ANI) MA1N"fAINEIl AS II'(lR~I'ROGRJ:SSES I\LL EQr:JrMENT MU~"1' BE REFUELED OFF SITEORON AN APPR<JVED FOEL PAD USE V ARIABI.F: ARC N()7.7.I£~ uN"" WHERE ~-rANDARD NOZZLES WILL :-lOT SCFJ1CE ~:~,~Z~~~~~~~~~~~~~~,~~ ~&:~~~~g~~!tIAm ~RT\oAI.VE BOXES SQCARF. TO ADJACENTBUILDIl-lG CURB.. OR PA\'ING IILL lRRIG,\TIO»,' lJ:'<Df.R BUILDINGS, ROADS. WAI.KS, I'ARKINn II.R~AS. OR OTHER PAVf"[) SURF,\CES SHALL BE SLEEVED SLEEVES SH.'I.LL BE 1-1/:2 TlMf..~ TIlE DlAMETEROFTHE INSERT PIP~, 6" MIN, OR AS INDICATED S!.Et:VI~G MAY 1IF. INC1.cmm FOR Fl. .. ·llJIU-: WORK ~~TB~.I~~~F~~~~ .~;;~:~li~;~~pito;~~~~~~~~i.~~A~;;;~·1!~.~~71~DS";:t::;~~~~~:~ PROPI:RTY MAKt. II... .... -y AND Al.L Rrx,UIRt:U .~DJUs"fMK\·TS "IX) TJ IE JIlR](;II.TION PIAN TO A.~~tlRE ~~~~~~ ~~~AOEQt:ATE CO~·ERAGF.Wml MmIMU~1 OYl',RSPRA\·. DO »;OTt:SE '/2" ~~~~i;)L~~~~:;;\~ ~~~ ~g: ~~\~~~~~~~ ::::i·~fJ~~~~~~;~~V~~N"ll"·(;S A.'lO ~~~~~:'I~~~~~A~~~N"E.~ SHAllBE IN"STAl.l.F.D UNTIL THE IRltu;.mo1" Mr:Tr:R Mm Il~CKFUJIV ASSF.MBLRY AItR lN~-rALLRDANO FUNCTIONING NOTIFYL'I...'>;OSCAPEARCHITECf IF ANY SITE CONomONS PRF.CI.\JD~. THE .\fHl.J n' ()F nlE rOI\"r~ACT(JR 1"1.1 INSTALL THE WORK II}; SHO .... " INTHF PI.AN SF.T liEns, r,PIC'\! .. SH(lW?'l" HER!'. FOR CIARln" 17 13 12 16 14 15 ~ 9 10 8 ~o • ~ tj! ~ ~ . ~ , ~ ; > i j ;.! " ~ "! 11 ~ -1- > ~ ~1 ~ ~ ~~ ::l : n ~e;n 4-'i k-i I IR-l \~, " """ '" NORTH SCALE1"=20'-o"SHEETSIZE22"x~4" ""'[11", 3 z ~ I ~ ~ ~ Pop-up spray head or rotor .-Flush wl1inish grade ---t_,,~1 +<J {rr-~:~~n~ n~~~1 ~~ ~~~' typical, Usebotlam inlet only SCH 80 PVC nipple, length as necessary LTrace wire as specified / r f:i~tanufaclursd flex pipe swing SCH 80 PVC liltings, TYP. SCH 40 PVC lateral, TYP. size as indicaled on plan SPRAY HEAD -DETAIL NOT TO SCALE 2 3 19 4 5 i ! :jt ~-,: .. "';" '~,-I! !! I ______ 1_=-__ 18 17 20 16 iT,'" o NORTII ~I I ~ ~ ~I ;;l ~ 0; < = i! ~ > t,dL ,. ! ". ~ ~ i 1 ~ ~ ~.!! H~ :> ~ oj! .. .:lit: ~ ~ ~~ ~ t'l >~n r:f:J ~ ~3 o r:f:J~ ::r: 00 ~ ~~ ~ :s~ 8 ~ ~ ~ ~ NOTES: 1. Do not allow vault to rest on pipe 2. All brass fittings to be same size as backflow preventer 3. All brass fittings from meter assembly to DCV 4.See specifications for gate valve vault Flush with finish grade Brass nipple, 4" length, TYP. Double check valve ,-1/2"FEBC0805Y Utility Vault Co, Concrete ff/+W~ IY ;~:s:i~:d~~::gsl:U9,TYP. 6·' Brass nipple, TYP. ~brass plug, TYP. Brass coupler andSCH 40 PVC male adapter TYP. POINT OF CONNECfION -DETAIL NOT TO SCALE NOTES: 1. Do not allow vault to rest on pipe. Use extensions as necessary. 2. Valve to be set plumb and centered in valve box 3. Contractor 10 provide (2) each QCV keys and swivel hose ells. 4. Provide 6'· depth drain rock. Flush wlfinish grade Carson 10' round vauld with locking lid er:: ~ ----i~i~ko~:~ae~~~~e SCH 80 PVC nipple SCH. 80 PVC ST. ELL & 900 ELL SCH 80 PVC nipple, t" x 12" length Provide trace wire as specified. SCH 80 PVC TT 90 and 3' length SCH 80 PVC nipple Steel T fence post, 36" length SCH 40 PVC main line ;?o~;~~~:;:UP~E~R~-_D~E~T~AI~L~================= ,-----------SCH 80 PVC union, Typ. r-----Automatic control valve Weathermatic BOOO-CR _______ Vault flush wi finish grade F '\" , ___________ Carson standard valve box I" or 1-1/4' valves carson jumbo valve box l-l/2"or 2" valves Vault to extend min. 6" below valve. use e)(\ensions as necessary. SCH 80 PVC nipple. typo length as require<! SCH 80 PVC sl bushing L ocn'Od'"'d'''~ SCH 40 PVC tee REMOTE CONTROL VALVE _ DETAIL sCH4om~;ol;o. NOTTOSLALI~ ~~o. 'M!::!..J.l:I'~ IRRIGATI0J-l_ TRENCH -DETAIL NOT TO SCALF. !8L'LLI~~Lr I~ "'YE T~E'!CII ~ ~Wfl ~ "'"'"':"'~Ii >< " t Hi :> ~ 1 ~ l ~ ;:l ~ jl ~ ~ ~) ~ ;l ~ ~ ~ < -, :;. h' t::n ;;.e;n ~ I I ~1<3 o 1<Zl "" ::c: O~ ~~;:: ~!:si3 ~, ~ UI I ~ I ~ ~i -" IR-3 ~"3" 3 TREE PLANTING DETAIL NTS ' .... ___ bo __ .~ ~~-... ------..,pIIootrQ .... 2.~".,.-.......... ..- ::::m-::..-::==-~ «I0!lt ~ ®QDIg) GROUND COVER PLANTING DETAIL 16 R-372923 l. ,-, co. ~"~" m = "-~ Fhb..sri--i.l.e·,·~ ~ --_. ffi"-__ i NORTH\l7 SCALE 1·~O'-O· SHEET SIZE 22~· CD .. '" -,,= ~:t3 W W CI:f- f-w -o(J) !ijz~ Wo- «a.i=§ (/)<Z~ OOW&! a:(J)f- ,"OW --'ZCI: :5 ~ -- 3.0 29OFU,9IEEl'S ..., t"l '=' n~ ~ .... .... \CO :19 III ~ !~~CEMENT T~~LAQr:!T.§Ct!.SQULE .~~ __ 72"011" ...... -..... ~"""'-~ ""-"'11"'-" Jar .... 1'uI_~ • F __ '_~ __ 7 2" .... 1'tOII_-.g 1aJt~'EoMjn' Hodgo ...... a TCII fuI_MIIiII:t*'!l ~~' ............ ~~ :n; Tool Fu .. nd-.q . _hro3um~A.._____ __""'*'" 10 7'011 FIJI .... -*" ~1IIInJIMI DouGIaoflr" ~2"CllllFuI_MoIdOrv SEE=~FOR~~TREELOCATIONS 18~T_~"'_ E:.1;t\~.LSCHEDULL._ ;~_ 0MIw..rr..m ---....... ---~- '" ' .. '" Q~""""" 8pMM~ eEl--..bIlnII~n_ ~ Ie ~:: 9-.. --~-'2 2go1 ~C-_ CopfMorSedgo c::J~"""""" - t ::: --". __ .. _---_ .. - ?..:""S--..:::===.£~""="'...::. _ ........ .-.... -..-.--_ ...... _--... ,,-.. --... -,,~-.... --~ ...... :=: ~~fuI_-"", ~~~~~~~~-~--FuI .... ~3O'''"' 16 115 ~==~~o::=.~~~-===:::-..=" .. ~i!I"IIIIIl"".-... -... -.,..-... --.. -.. ~-.:&."f..I..o.-::.'QG¥..:\o3i::L:I'1B.,ii::IIL .. --.... -.... '~'r.f;.;;;.;.;:~;::.:::---:-R -372922 ::~===~~~~-;:..:-;------elf ... ,...",. ~ 10";;;;; ,> o_~"" ~ ,,--, I _ .. _---_ ....... E8 .-i o 111 "" 80 NORTH SCAlE 1"=20'-.0" SHEET SIZE 22')(34' cc. rz.-"37~"~~ fiiii~ -BARKER LANDSCAP< AROll11lCl'S iii2N'WM.---st: Seo!!!e.WA98117 W W 11:1- I-W "O(/) !ijz'" wO~ .r,(a.i=5 ~5~~ a:(/)I- ",OW -'Zll: :5 ~ • lANDSCAPE PlAN 2.0 2801' 33 SHEEl8 -l ~ 1:1 n~ W -.J t; 2 3 4 5 6 7 8 9 10 11 12 13 14 IS BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Larosa Final Plat (aka Rosa Meadows) FINAL PLAT APPROVAL LUAI4-001139 FP Summary 16 The applicant has applied for final plat approval of Larosa Final Plat (aka Rosa Meadows). The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: 1. 2. 3. October 30, 2014 staff report. October 30,2014 memo to Phil Olbrechts from Karnran Yazdidoost. Final plat map and vicinity map. Findings of Fact FINAL PLAT -I 2 3 4 5 6 7 8 9 10 11 12 13 Procedural: I. Applicant. Conner Homes LLC 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 21 lot subdivision. The subdivisions received preliminary plat approval on January 22, 2014 by the City of Renton. The subdivision is located at 2724/16424 Benson Road S. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. I, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 14 1. Authoritv of Hearing Examiner. RMC 4-7-IIO(C) provides that the hearing examiner shall approve all final plats. IS 16 17 18 19 20 21 22 23 24 25 26 Substantive: 2. Aoolicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No.4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition: 1. All plat improvements shall be either constructed prior to final plat approval or deferred to the satisfaction of City staff with any security as required by City code. Dated this 19th day of November, 2014. FINAL PLAT -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 0(E)(9) and/or RMC 4-8-11 O(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(0)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall_7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT - 3 CITY OF RENTOl\ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: January 29, 2015 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Determination: Administrative Decision: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Final Plat for Rosa Meadows aka LaRosa LUA-14-001139, FP l,M.fv 1-, ~ DOl S~ '1 LaRosa Kamran Yazdidoost 9/11/2014 Evan Mann, ESM Consulting Engineers Rob Risinger, Conner Homes Evan Mann, ESM Consulting Engineers 0087000075 Date: Aooeal Period Ends: Date: Aooeal Period Ends: Date: Appeal Period Ends: Date: Project Description: Final Plat for LaRosa Plat aka Rosa Meadows. 21 lots with three tracts Location: 2724 Benson Rd S, Renton, WA 98055 Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; OS -Determination of Significance. Denis Law Mayor d r -.:=-".,...,.,,~..!~~ January 13, 2015 TO WHOM IT MAY CONCERN: Department of Community and Economic Development c.e. 'Chip"Vincent, Administrator Subject: New Plats and Short Plats in the City of Renton Please see attached new plats, short plats and multi-building developments that have recently been addressed. Some of these have been recorded and I am supplying a list on new parcel numbers with the new addresses. Ifthe plat is not recorded (NRI, I am only giving you the plat map with the new potential addresses written on it. Please add these addresses to your City directories and maps. 2001 Union Short Plat (NRI NE 7th North Short Plat N E ]'h East Short Plat NE ]'h West Short Plat Avana Trails AKA Fleldbrook Commons Cascade Greens Short Plat (NRI La Rosa Meadows Plat (NRI Limelight Short Plat (N RI Maplewood Park East (NRI Merlino Short Plat (NRI Renton 7 Short Plat (NRI Shattuck West Short Plat Stevens Point Short Plat (NRI Whitman Court Townhomes (NRI Sincerely, Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #l:platadd 3307~Lord Short Plat (NRI NE 7 h North Phase 2 (NRI Ne]' Middle Short Plat NE 24th 3 lot Short Plat (NRI Carpenter Short Plat (NRI Kline Stromberg Short Plat (NRI Urn Short Plat (NRI Lund Lotline Adjustment May Creek Court Short Plat (NRI Piper's Bluff Plat (NRI Rylee's Place Plat (NRI Sheldon Short Plat (NRI Woodebridge Lane Plat (NRI ZK Short Plat (NRI Renton City Hall. 105S South Grady Way " Renton,Washington 9aOS7 • rentonwa.gov December 12, 2014 Mr. Aron Golden Greenleaf-LaRosa, LLC 846 108th Avenue NE, Suite 200 Bellevue, WA 98004 Community & Economic Development Department C.E."Chip"Vincent, Administrator RE: LAROSA (FORMERLY ROSA MEADOWS) 2724 BENSON ROAD S;RENTON, WA Dear Mr. Golden: Your request to defer on-site landscaping until December 31, 2015, has been approved by the City of Renton. As a requirement of this deferral a security device in the amount of $16,875.00, which represents 150% of the estimated cost of the installation of these items, must be received by the city prior to recording of the short plat. You have 14 days from the date ofthis letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Appeals must be filed with the City Clerk before day, Monday, December 29, at 5:00 p.m. You may contact Kamran Yazdidoost, Plan Reviewer, at (425) 430-7382 if you have any questions or need additional information. Sincerely, ./ ~ .-/ ''i~~ -?- Steve Ting Lee Development Engineering Manager cc: Jennifer Henning, Planning Director Elizabeth Higgins, Senior Plan.ner Kamran Yazdidoost, Plan Reviewer Patrick DeCaro, Construction Inspector Stacy Tucker, Planning Technician Renton City Hall. 1055 South GradyWay • Renton,Washington 98057 • rentonwa.gov PUBLIC WORKS REFERRAL STAFF RESPONSE Project: Larosa (formerly Rosa Meadows) Location: 2724 Benson Road S December 9, 2014 Title IV Renton Development Regulations Chapter 9 Permits -Specific 4-9-060 Deferral of Improvement Installation Procedures C. Public Works Administrator's Deferral of Plat Improvements or Deferral of Other On/Off-Site Improvements Beyond Temporary Occupancy Permit. Summary of Request: The applicant is requesting to defer the installation of the onsite landscaping for a period of one year so the plat can be recorded. Estimated cost is $11,250.00 Background Information: larosa is 21-lot residential plat located at 2724 Benson Road S. The applicant, Conner Homes has submitted an application for final plat approval. The plat is substantially complete. The applicant is requesting to defer the installation of the landscaping for one year. This will allow the homes to be built without damaging the trees and landscaping during construction. Staff Response: We have no objections to granting the requested deferral. ( ) Construction Field Services Section Reviewer's Signature ( ) Planning Section Reviewer's Signature ( ) Plan Review Section Reviewer's Signature ( ) Technical/Mapping Reviewer's Signature ( ) Fire Department/ Fire Prevention Reviewer's Signature ( ) Police Department Reviewer's Signature ( ) Utility Systems Division Reviewer's Signature ( X) Transportation Systems Bob Mahn 12/04/2014; Chris Barnes 12/04/14 Reviewer's Signature ( ) Maintenance Services Reviewer's Signature Page 2 C\Users\kyazdidoost'v\ppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\Y9COITLQ\Larosa Deferral Request 2014.docxlJL Kamran Yazdidoost From: Sent: To: Cc: Subject: Kamran, Vanessa Dolbee Monday, December 01, 2014 12:16 PM Kamran Yazdidoost Elizabeth Higgins RE: Landscaping Deferral Request Did you mean to say LaRosa instead of Cimarron Townhomes? LaRoas is Elizabeth Higgins project and Cimarron is mine. I believe Cimarron has already received a landscape deferral approval. Thank you for the clarification. Yanessa 1Jo(6ee CED x 7314 From: Kamran Yazdidoost Sent: Wednesday, November 26,20144:36 PM To: Abdoul Gafour; Bob MacOnie; Bob Mahn; Chris Barnes; Clark E Wilcox; Corey W Thomas; Craig Burnell; David Christensen; Jennifer T, Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall; Steve Lee; William Wressell; Vanessa Dolbee Cc: Stacy Tucker; Elizabeth Higgins Subject: Landscaping Deferral Request Good afternoon, Attached is a request to defer onsite landscaping for Cimarron Townhomes. Please review and send me your response by 5:00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Plan Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov Kamran Yazdidoost From: Sent: To: Cc: Subject: Attachments: Good afternoon, Kamran Yazdidoost Wednesday, November 26, 2014 4:36 PM Abdoul Gafour; Bob !v!acO"ie; ,IlB ... ".r.b,-lPIA.1"".It."""',-tE=tlrr,,;';is:-lBt.oalT, ""lies; CI<*k E-Wiie@x;CoreyW Thomas; Craig Burnell; Davie (I" isteli~e1'; Jennifer T. Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall;~; WilllaiTi VVresseff; V/lliessa Dotbee Stacy Tucker; Elizabeth Higgins Landscaping Deferral Request Larosa Deferral Request 2014.docx; Larosa Landscaping Def.pdf Attached is a request to defer onsile landscaping for Cimarron Townhomes. Please review and send me your response by 5:00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Plan Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov ( ) Transportation Systems Reviewer's Signature Maintenance Services Reviewer's Signature Page 2 C;\Users'bwresselMppData\Local\Microsoft\Window.s\Tempmary Inlemet Files\ContentOullook'.07SAlWKlN...arosa Dcfcmu Request 2014.docx\JL PUBLIC WORKS REFERRAL STAFF RESPONSE Project: Larosa (formerly Rosa Meadows) Location: 2724 Benson Road S December 1, 2014 Title IV Renton Development Regulations Chapter 9 Permits -Specific 4-9-060 Deferral of Improvement Installation Procedures C. Public Works Administrator's Deferral of Plat Improvements or Deferral of Other On/Off-Site Improvements Beyond Temporary Occupancy Permit. Summary of Request: The applicant is requesting to defer the installation of the onsite landscaping for a period of one year so the plat can be recorded. Estimated cost is $11,2.50.00 Background Information: Larosa is 21-101 reSidential plat located at 2724 Benson Road S. The applicant, Conner Homes has submitted an application for final plat approval. The plat is substantially complete. The applicant is requesting to defer the installation of the landscaping for one year. This will allow the homes to be built without damaging the trees and landscaping during construction. Staff Response: Ole r.,~1 l"\\~JJJ~<-? ~ ( ) Construction Field Services Section Reviewer's Signature ( ) Planning Section Reviewer's Signature ( ) Plan Review Section Reviewer's Signature ( ) Technical/Mapping Reviewer's Signature ( ) Fire Department! Fire Prevention Reviewer's Signature ( ) Police Department Reviewer's Signature ( ) Utility Systems Division Reviewer's Signature Kamran Vazdidoost From: Sent: To: Subject: David Christensen Monday, December 01, 2014 8:25 AM Kamran Yazdidoost RE: Landscaping Deferral Request Utilities has no objection to the requested deferral. Dave C. From: Kamran Yazdidoost Sent: Wednesday, November 26, 2014 4:36 PM To: Abdoul Gafour; Bob MacOnie; Bob Mahn; Chris Barnes; Clark E Wilcox; Corey W Thomas; Craig Burnell; David Christensen; Jennifer T. Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall; Steve Lee; William Wressell; Vanessa Dolbee Cc: Stacy Tucker; Elizabeth Higgins Subject: Landscaping Deferral Request Good afternoon, Attached is a request to defer onsite landscaping for Cimarron Townhomes. Please review and send me your response by 5;00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Plan Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov Kamran Yazdidoost From: Sent: To: Subject: Works for me. Bob From: Kamran Yazdidoost Bob MacOnie Monday, December 01, 2014 6:49 AM Kamran Yazdidoost RE: Landscaping Deferral Request Sent: Wednesday, November 2.6,20144:36 PM To: Abdoul Gafour; Bob MacOnie; Bob Mahn; Chris Barnes; Clark E Wilcox; Corey W Thomas; Craig Burnell; David Christensen; Jennifer T. Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall; Steve Lee; William Wressell; Vanessa Dolbee Cc: Stacy Tucker; Elizabeth Higgins Subject: Landscaping Deferral Request Good afternoon, Attached is a request to defer onsite landscaping for Cimarron Townhomes. Please review and send me your response by 5:00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Plan Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov Kamran Yilzdidoost From: Sent: To: Subject: Steve Lee Friday, November 28, 2014 11:19 AM Kamran Yazdidoost RE: Landscaping Deferral Request I have not objections, just need their deferral surety is all. Thanks, Steve From: Kamran Yazdidoost Sent: Wednesday, November 26,2014 4:35 PM To: Abdoul Gafour; Bob MacOnie; Bob Mahn; Chris Barnes; Clark E Wilcox; Corey W Thomas; Craig Burnell; David Christensen; Jennifer T. Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall; Steve Lee; William Wressell; Vanessa Dolbee Cc: Stacy Tucker; Elizabeth Higgins Subject: Landscaping Deferral Request Good afternoon, Attached is a request to defer onsite landscaping for Cimarron Townhomes. Please review and send me your response by 5:00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Pia n Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov Kamran Yazdidoost From: Sent: To: Subject: Clark E Wilcox Monday, December 01, 2014 9:32 AM Kamran Yazdidoost RE: Landscaping Deferral Request Police have no concerns with this deferral request. Thank You Clark Clark Wilcox, Commander Patrol Services Division 425-430-7597 cwilcox@rentonwa.gov From: Kamran Yazdidoost Sent: Wednesday, November 26,20144:36 PM To: Abdoul Gafour; Bob MacOnie; Bob Mahn; Chris Barnes; Clark E Wilcox; Corey W Thomas; Craig Burnell; David Christensen; Jennifer T. Henning; Linda Moschetti; Michael Stenhouse; Richard W Marshall; Steve Lee; William Wressell; Vanessa Dolbee Cc: Stacy Tucker; Elizabeth Higgins Subject: Landscaping Deferral Request Good afternoon, Attached is a request to defer onsite landscaping for Cimarron Townhomes. Please review and send me your response by 5:00 pm, Wednesday, December 10TH. Thanks, Kamran Yazdidoost Plan Reviewer City of Renton PH (425)430-7382 kyazdidoost@rentonwa.gov APPLICATION FOR CITY OF RENTON RIGHT OF WAY USE -DEFERRALS -WAIVERS -VARIANCES -FEE IN LIEU 1055 South Grady Way, Renton, WA 98055 (425) 430-7216 PROJECT NAME: LaRosa Final Plat SITE ADDRESS: 2724 Benson Rd S LEGAL DESCRIPTION OF PROPERTY: -,S.,.e""ecfa",tt",ac",h",e",d~. ________________ _ Include King County Assessors Parcel No: 00S700-0070. -0075. -OOSO, -OOSI APPLICANT: Greenleaf-LaRosa LLC Attn: Aron Golden PHONE: (425) 646-4426 CELL: (206) 271-6613 BUSINESS ADDRESS: S46 IOSth Ave NE Ste 200. Bellevue,WA 98004 ATTACH A SEPARATE LETTER WITH THIS APPLICATION STATING IN DETAIL: I. The request 2. Applicable City Code 3. Items and quantities involved 4. Justification for request 5. Amount of time requested 6. Provide vicinity map (S-1I2 x 11 inches) Attach a drawing or sketch of your proposal, Mail or drop off the completed application and map to: CITY OF RENTON Development Services Division Jan lilian, Coordinator 1055 -S. Grady Way 6th Floor Renton, W A 9S057 425-430-7216 Completed applications will be reviewed and a written detennination issued approximately 3-4 weeks from date of receipt of application. You will be contacted if application is incomplete or if additional infonnation is required. APPLICANT'S SIGNATURE;<{.;2~ ..ti.!Lj~ DATE: /lA/</' OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY DEFERRAL rI4 New () Extension VARIANCE () New () Extension Offsite _____________ _ ) Underground ( ) Driveway ) Slope Grades ( ) Noise EXCESS RlW () FEE IN LIEU ( ) WAIVER ( ) H:\Filc Sys\BPW -Board of Public Works\APPLICATION\BPW2007.doc November 5,2014 Kamran Yazdidoost Project Manager City of Renton Development Engineering 1005 South Grady Way Renton, WA 98057 RE: LaRosa Townhomes Final Plat Job No. 1670-004-013 Landscape and Amenities Installation Deferral Request Dear Kamran: Per RMC 4-9-060C, a developer may make a request to defer improvements until after Final Plat recording. As part of the deferral, the applicant is required to provide a security in the amount of 150% of the estimated cost of the installation of the required improvements. This letter serves as a formal request to defer the installation of the landscaping and other landscaping/recreation amenities in Tract C for one year after the Final Plat is recorded. The applicant reserves the right to request an extension of the deferral beyond one year as permitted by code. Please refer to the attached quantities worksheet that shows the quantity of landscaping and recreation equipment that will be deferred and the associated cost. This request is being made to facilitate the construction of the homes without the destruction of any plat landscaping that may be in the way if planted prior to home construction. Overall this will make the home construction process easier for the contractor and will provide a higher probability that the landscaping will thrive. When this deferral is approved the applicant will provide the security funds as required. Please review this request and the provided materials. Should you have any questions, or require additional information please contact me directly. Sincerely, Greenle -LaRosa, LLC e~·A.~ 1m Berger ~O Director, Land Development Enclosures DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM October 30, 2014 Phil Olbrechts, Hearing Examiner Kamran Yazdidoost, x7382 LAROSA FINAL PLAT LUA14-001139 FP (Preliminary Plat LUA13-001537) Per City Code 4-7-110, Final Plat Procedures, I am forwarding the attached Final Plat for review. I am the project manager and I am in the process of finalizing all required paperwork. recommend that the Hearing Examiner approve the Final Plat with the following condition: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or additional materials is needed Thank you. Cc: Jennifer Hennin& Planning Director Steve Lee, Development Engineering Manager S 21TH Sf n Vicinity Map ;R CITY OF RENTON LUA 13-001537-FP ,. 13 ,. TRACT A [PUBUCSTOAUORAlNAGE) ~ GRAPJDC SCAlE 1"=30' SEcn~~~.~r~~~~~i:!i~t;, .~. S'NBOL LEGENO; S SET!oIONU~UHIN CASE $ FQlJNO"OOUMENTASNOTED o fOUND 1/2' RmAR AND CAP AS NOTED • SET 1/2-~E9AA ... NO C~P LS ",oon~ 1II SHTAc><:/LE.lOW/BftASSWASHERLS,4!)M.4 (R) RADIAl !J£~f!lNG EASEMENT LEGEND: Ii] [II S'P!OIVAn:WAITREASEIolENT III I~'PRIV"'TE STOR!oi MAIN E.o.5fI.I~T II] 21> P~IVATE ACCESS ~ PUBlIC unuTl' EASEMENT ~ ~. PSt EASEUEJ;TPER REC , __ _ ~ S' PSt: E.o$(UEI'Hf'(R REC , __ _ 2~,~l~RESF'T· EQUIPMENT NOTES LOT I '.~ ,~ ~ ~ ,,~ 5.·1-71 4.4119 .. ~ '.~ w:w - 2.92B5.f. 2.9l2$,F. J.254S.F. U7lS.f. 3.2WS.f G.MI~ S.F 2.g24Sr 2.9~SF . LAROSA A PORnON OF THE SW 1/4 OF THE NW 1/4 OF SECTION 29 TOWNSHIP 23N., RANGE. 5 EAST, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 11 I 10 OlWI\Ii~IC viEW "I1ERR;\C~ RIEC. NC. 8387«t@, YiQln.. M-8S1 ..". ..". ..". ..". ..". ..". lH '" I~ I~ 3 bo!r.Z2'24.1~.4'5O(l so. FT. b!'~·U_ ---. i/TR-C m-e/' 12/13 lJ/15 Wi? 17/18 In/19 Ii7i1 121/lR- 634.49' -;; 4 5 4.~SO.fT. 4,500S4fT. IIM1&'l,."t 10000 14 1'1158'.6'1$-[ 10000" 10.~O~~. fT. N~&'15·E ~ &1" RENlrOlM LUA_l&2 l~_I10_ Axis Buryey. Mapptna 1300SNEI261h1'l. ~!rH54 PRo.£CT NUMBER: H-08S SHEET .3 OF 3 . , (f) I '" '" --I '" o ." '" ........ Ij!!<:-< ~~;:; ~i~i~ ~~~~~ i!~ ~~~ iII~:iil:>---t 19~~i:i::::O il: ,,; li'i'iIjjl~ » ,a> ." ~~§~~ ~;;~ z .d .;~ C'lf,1~)'JO ~~. i" .;!~~ ~if", i'Ii~ .'0 ." a~d :~~ d ~Fl" "o~ ~~;: i~ ;~~ ~u !Eo"' h~ ". " ~~ ~, .-. 00 "' ~~~ ~. I. ~~~ ;~ ~I ~~i '1>: f,1", ~; !, ~~i ~~ ~~ .~ • < ~~~ ~!i1 ;::: .... ::;~ ;;:I;;; .<~ 9" " • -g~~~~ r.n:!r~F :,.a! .~!" ~ ,~~ ~~~~~ ~.~>. }:~~"l! M~~' !Hi i'~~' Uii~ ni!l~1f:~ ~~~~~ !ii§h~ ~~~i~ ~~~~ !,'~~ i.~. ~ii:: ~§"~ 'ii!'~" i~~~ i~~~g ~M ~1Il11~~ Reo! ;~~3~ i~i: ~i~: i~~o~ e~[i~~ o.~. ~§~; a·~=· i~d ~ , i~~~ (f) '" () oJ o z (J) c CD o S (J) a z ~i c;: f I 0 g ~;;u() -\,~=i "--1-< 00 z." DEPARTMENT OF Cv ... MUNITY AND ECONOMIC DEVELOPMENT PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Conner Homes LLC Larosa Final Plat ( aka Rosa Meadows) (LUA13-001537, ECF, PP) File: LUA14-001139 FP 2724/16424 Benson Road S. NW ~ Section 29, Twp. 23 N. Rng. 5 E. Final Plat for 21 single family residential lots, with water, sewer, storm and streets. Water is Soos Creek Water and Sewer District. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Conner Homes LLC, filed a request for approval of a 21-lot final plat with 3 tracts. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials were entered into the record as Exhibit No.1. 3. The Environmental Review Committee (ERe), the City's responsible official, issued a Determination of Non-Significance Mitigated on December 9, 2013 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 2724/16424 Benson Road S. The plat is located in NW 1/4 Section 29, Twp. 23 N. Rng. 5 E. 6. The subject site (180,562 square feet) is a 4.15 acre parcel. 7. The preliminary plat received approval from the City of Renton on January 22,2014. 9. The property is located within the R-8 Zone. 10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. City of Renton Deportment of C munity & Economic Development LAROSA FINAL PLAT Final Plat Report & Decision LUA13-001S37, FP Page 2 of4 11. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions LLC dated September 10, 2013. Response: All construction plans have been prepared to the specifications of the Geotechnical Report prepared by Earth Solutians NW, dated September 10, 2013. All site development and the earthwork have been performed to the specifications of the Geotechnical Report_ b_ A note shall be placed on the face of the plat, prior to recording, stating the following, "Portions of this plat have been identified as having a moderate hazard from coal mining activities and/or abandoned coal mine shafts." Response: This note has been added ta the plat as requested and can be found on Sheet 2 af 3 under the "General Nates" section. 12. In addition, the applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's Decision dated January 22, 2014: a. The applicant shall comply with all requirements of the Determination of Non-Significance- Mitigated that was issued by the Environmental Review Committee on December 13, 2013. Response: See compliance under "findings" number 11. b. All proposed street names shall be approved by the City. Response: The street name of "S 28th Street" for the proposed street was submitted to the City of Renton and approved during construction pIons review. c. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius offifteen feet (15'). Response: All lot corners at intersections of dedicated public right-of-way, except alleys, have a minimum radius of fifteen feet {15'}. Please refer to Sheet 3 of 3 of the final plat plan. d. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. Response: Side sewers have been installed ot a minimum of 8' into each lot as required. The sewer plans were reviewed and approved by the City of Renton prior to construction commencing an the site. e. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. City of Renton Department of C .. munity & Economic Development LAROSA FINAL PLAT Final Plat Report & Decision WA13-001S37, FP Page 3 of 4 Response: All utilities serving the plat have been installed underground at a depth that is sufficient for planting of trees. These installations were completed prior to paving. Easements have been provided to the City and other providers as required. f. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. Response: Cable TV Conduits have been installed as required per this condition. All inspections have been completed and certified. g. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. Response: All necessary street name signs have been installed in the subdivision. h. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences prior to Final Plat recording. Response: Both single family residences were demolished in the spring of 2014 after obtaining the necessary demolition permits and inspections. I. The applicant shall be required to submit a revised landscape plan, depicting a lO-foot wide on-site landscape strip for all lots. The final detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to Final Plat recording. Response: A revised landscape plan depicting the la-foot wide on-site landscape strip for all lots was prepared and submitted during the site development plans preparation. The landscape plan was approved by the Current Planning Project Manager and all landscape has been installed per the approved plan. The final landscape plans are included with this submittal. j. The applicant shall comply with the City's tree retention requirements, as applied in Exhibit 11. Response: The project is in compliance with the City's tree retention requirements as they were applied in Exhibit 11 of the City's Staff Report to the Hearing Examiner preliminary plat. Please see the final Tree Retention Plan that is included with the Landscape Plans and submitted with this application. CONCLUSIONS: The Final Plat satisfies the conditions imposed by the preliminary plat process. City of Renton Department of L_ .. munity & Economic Development LAROSA FINAL PLAT RECOMMENDATION: The Hearing Examiner approves the Final Plat with the following conditions: Final Plat Report & Decision LUA13-001537, FP Page 4 of4 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 30TH DAY OF October, 2014 PLAN REVIEW COMMENTS LIIA14-001139 ENG -Final Plat Submittal Review Version 3 I January 29, 2015 I;\\gi~~~rh\g D, l;k'.~~~;i! Ooiil;lf .. ,:~· ... i!i!d~~ii!~,·,tii IOoi!.. ..diidiii! : i!i!Ii!tl:.': ;~0;;o ":~.o~ : '. .. ;i!: RESOLVED: Review comments for Larosa plat 1219/2014 1. Please provide copy of Certificate of Home Owner Association. 2. Please Revise CCRS to reflect clarification of who would be responsible for tract A (Storm, maintenance, Landscaping). 3. Please add ~BMP known as restrictive foot print" note on top afthe impervious coverage table (sheet 3 of 3). 4. Replace the City of Renton Finance Director with "City of Renton Finance Administrator" (Sheet 1 of 3). 5. Replace the Finance Director with "Finance Administrator" (sheet 1 of 3). 6. Remove the extra "by" in General Notes, item 6. Please replace tract notes with: TRACT NOTES A 'Tract' is land reserved for specified uses, including, but not limited to reserve tracts, recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered building sites for the purposes of residential dwelling. Tract 'A' is a Public Storm Drainage tract: upon the recording of this plat, Tract 'A' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA). An easement is hereby granted and conveyed to the City of Renton over, under and across Tract 'A' for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage facilities contained therein. Only the chain link fence, flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City. Maintenance of all other improvements and landscaping on said Tract 'A' shall be the responsibility of the HOA. In the event thal the HOA is dissolved or othelWise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract 'A' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Tract '8' is a Landscape tract; upon the recording of this plat. Tract '8' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA). Maintenance of all improvements and landscaping on said Tract 'B' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract '8' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Tract 'C' is a Landscape, Recreation and Pedestrian Access tract; upon the recording of this plat, Tract 'C' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA). A Pedestrian Access Easement is hereby granted and conveyed to the owners of Lot 9. 10 & 11 of this plat. Maintenance of all improvements and landscaping on said Tract 'C' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations. as evidenced by non payment of property taxes for a period of eighteen (18) months. then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'C' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Please add this note on sheet 3 of 3 of the Larosa Plat. "Single family residences and other improvements constructed on the lots created by this subdivision must implement the flow control best management practices stipulated in the approved drainage study and plans No. __ on file with the City of Renton and as listed in ~e table below as well as any declaration of covenants and grants of easement recorde~ he~~on· .. Ran: January 29, 2015 Page 4 of 4 PLAN REVIEW COMMENTS L"A 14-001139 ENG -Final Plat Submittal Review Review comments for Larosa plat 1219/2014 1. Please provide copy of Certificate of Home Owner Association. Version 2 2. Please Revise CCRS to reflect clarification of who would be responsible for tract A (Storm, maintenance, Landscaping). 3. Please add ~BMP known as restrictive foot print" note on top of the impervious coverage table (sheet 3 of 3). 4. Replace the City of Renton Finance Director with "City of Renton Finance Administrator" (Sheet 1 of 3). 5. Replace the Finance Director with uFinance Administrator" (sheet 1 of 3). 6. Remove the extra ubt in General Notes, item 6. Please replace tract notes with: TRACT NOTES A 'Tract' is land reserved for specified uses, including, but not limited to reserve tracts, recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered building sites for the purposes of residential dwelling. Tract 'A' is a Public Storm Drainage tract; upon the recording of this plat, Tract 'A' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA). An easement is hereby granted and conveyed to the City of Renton over, under and across Tract 'A' for the purpose of conveying, staring, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage facilities contained therein, Only the chain link fence, flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City. Maintenance of all other improvements and landscaping on said Tract 'A' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownerShip interest in Tract 'A' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Tract 'B' is a Landscape tract; upon the recording of this plat, Tract 'B' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA). Maintenance of all improvements and landscaping on said Tract 'B' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (is) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'B' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Tract 'C' is a Landscape, Recreation and Pedestrian Access tract; upon the recording of this plat, Tract 'C' is hereby granted and conveyed to the La Rosa Homeowner's Association (HOA), A Pedestrian Access Easement is hereby granted and conveyed to the owners of Lot 9, 10 & 11 of this plat. Maintenance of all improvements and landscaping on said Tract 'C' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'C' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Please add this note on sheet 3 of 3 of the Larosa Plat. ~Single family residences and other improvements constructed on the lots created by this subdivision must Implement the flow control best management practices stipulated in the approved drainage study and plans No. __ on file with the City of Renton and as listed in I Final Plat: Bob Mac Onie 10/08/2014 Note the City of Renton land use action number and land record number, LUA 14 001139 and LND10 0505, on the final plat submittal (aU three drawing sheets). The type size used for the land record number should be smaller than that used for the land use action number (already noted on the final plat submittal). Running the geometry of the southern block yields a closure of 1 :14295. I was unable to verify the dimension afthe easter1y boundary of Lot 9 as the closure notes for it run off the page. Ran: January 29, 2015 Page 2 of 4 PLAN REVIEW COMMENTS LUA14-001139 ENG -Final Plat Submittal Review Version 2 I December 19, 2014 ;'~~£h~r~ajse~~~es Co~fu~~ts''''; " ·'.c. ..'. ,i."1m!lliii!i"ib"~'~i. '.' .. ,. g~b'M~C()';i€)I'~~~30;i36~J 6~acoi\j~@rentqnWil,9QV The "year" noted under the "ACKNOWLEDGMENTS' block (Sheet 1 of 3) is incorrect. Note addresses and the street names from the attached on the plat drawing. The graphic scale noted on Sheet 3 of 3 is incorrect.: the scale is actually 1 n ~ 40'. If possible depict all easements, covenants and agreements of record on the plat drawing. Include the plan set number NR 3729ft in the space provided in item 4 of General Notes on Sheet 2 of 3. The Section Subdivision shown on sheet 2 of 3: The most northwesterly monument shown is City of Renton monument #230 and is the NW Corner of Section 29. The monument shown as the N v.. Comer of Section 29 is City of Renton monument #895. The southernmost monument shown as the ~Center of Section 29~ is actually the S v.. Corner, City of Renton monument #1866, based on the fact that it is shown to be 5288.48 feet south of the N 1,4 corner. Please label the monuments with the City of Renton monument numbers. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat For the street dedication process, include a current title report noting the vested property owner. Ran: January 29, 2015 Page30f4 PLAN REVIEW COMMENTS L1I1\14-001139 Application Date: August 21, 2014 Name: LaRosa Plat Site Address: 2724 Benson Rd S Renton, WA 98055-5114 Version 1 I November 04, 2014 Final Plat: Bob Mac Onie 10/08/2014 Note the City of Renton land use action number and land record number, LUA14 001139 and LND1 a 0505, on the final plat submittal (all three drawing sheets). The type size used for the land record number should be smaller than that used for the land use action number (already noted on the final plat submittal). Running the geometry of the southern block yields a closure of 1 :14295. I was unable to verify the dimension of the easter1y boundary of Lot 9 as the closure notes for it run off the page. The "year" noted under the "ACKNOWLEDGMENTS" block (Sheet 1 of 3) is incorrect. Note addresses and the street names from the attached on the plat drawing. The graphic scale noted on Sheet 3 of 3 is incorrect.; the scale is actually 1" = 40'. If possible depict all easements, covenants and agreements of record on the plat drawing. Include the plan set number WR 3729" in the space provided in item 4 of General Notes on Sheet 2 of 3. The Section Subdivision shown on sheet 2 of 3: The most northwesterly monument shown is City of Renton monument #230 and is the NW Corner of Section 29. The monument shown as the N Y. Corner of Section 29 is City of Renton monument #895. The southernmost monument shown as the "Center of Section 29" is actually the S Y. Corner, City of Renton monument #1866, based on the fact that it is shown to be 5288.48 feet south of the N % corner. Please label the monuments with the City of Renton monument numbers. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a the vested Ran: January 29, 2015 Page 1 of 4 Denis Law Mayor October 15, 2014 Evan Mann ESM Consulting, LLC 33400 - 8 th Ave South Federal Way, WA 98003 Community and Economic Development Department C. E."Chip"Vincent, Administrator SUBJECT: Status Report of Larosa FINAL PLAT File No. LUA14-00U39 Mr. Mann: The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for a second review before project closeout can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Please use this letter as a checklist to move the project forward towards final recording. Property Services Comments Property Services has reviewed the final plat submittal and provided the following comments: 1. Note the City of Renton land use action number and land record number, LUA14-001139 and LND10-0S0S, on the final plat submittal (all three drawing sheets). The type size used for the land record number should be smaller than that used for the land use action number (already noted on the final plat submittal). 2. Running the geometry of the southern block yields a closure of 1:14295. I was unable to verify the dimension of the easterly boundary of Lot 9 as the closure notes for it run off the page. 3. The "year" noted under the "ACKNOWLEDGMENTS" block (Sheet 1 of 3) is incorrect. 4. Note addresses and the street names from the attached on the plat drawing. 5. The graphic scale noted on Sheet 3 of 3 is incorrect; the scale is actually 1" = 40'. 6. If possible depict all easements, covenants and agreements of record on the plat drawing. 7. Include the plan set number "R-3729" in the space provided in item 4 of General Notes on Sheet 2 of 3. 8. The Section Subdivision shown on sheet 2 of 3: The most northwesterly monument shown is City of Renton monument #230 and is the NW Corner of Section 29. The monument shown Renton City Hall. 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov as the N ~ Corner of Section 29 is City of Renton monument #895. The southernmost monument shown as the "Center of Section 29" is actually the 5 ~ Corner, City of Renton monument #1866, based on the fact that it is shown to be 5288.48 feet south of the N ~ corner. Please label the monuments with the City of Renton monument numbers. 9. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Planning Comment Elizabeth Higgins, senior planner, reviewed the final plat submittal and has provided the planning comments: 1. Street trees on Benson Rd 5 should not be Callery Pear and Hedge Maple, as shown on landscape plan. Use only species/cultivars that attain a large-at-maturity size. Use 'Redmond' Linden on Benson Rd 5 and Blue Ash on Road A (5 28th St). 2. Landscaping and recreation track amenities shall be installed and inspected prior to final plat approval. Please contact, Elizabeth Higgins at 425-430-6581 for the landscape inspection. Fire Comments Corey Thomas has reviewed the final plat submittal and has provided the following fire Comments: 1. Complete all required construction improvements prior to final plat recording. 2. Install hydrant markers and stripe any fire lanes as needed. 3. Install "No Parking" signs along the alley. Byilding Comments Add addresses to face of plat plans. Address list available on Plan Case. Addresses need to be added to plans per State law. See Documents/Attachments for copy of address. Maintenance Agreement for St0rmwater 1. The City attorney will review the CC&R's. Utility Improvements Pynch list Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Patrick Decaro, 425-207-6013. The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. Street lighting Provide status As-Built Submittal The construction plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS-BUILT" in a large block letters and stamped by a PE or PLS. Construction Cost Data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost o(construction in dollars (value) for each utility the City will own and maintain .. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, storm, and storm vault to be owned and maintained by ihe City. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". All Fees Paid 1. All outstanding fees must be paid. 2. Ensure any overtime inspection billed to the job is paid. 3. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425-430-7382. Sincerely, _ . ~ff Project Manager Development Engineering E-mail: kyazdidoost@rentonwa.gov cc: Bob MacOnie, Technical Services Corey Thomas, Fire Department Elizabeth Higgins, Planning Division Steve Lee, Development Engineering Patrick Decaro, Construction Inspection \\Then recorded, return to: Greenleaf-LaRosa, LLC 846 108th Avenue NE, Suite 200 Bellevue, W A 98004 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAROSA HOMEOWNERS ASSOCIATION THIS DECLARATION is made on this January 7, 2015, by Greenleaf-LaRosa, LLC a Washington Limited Liability Company, referred to herein as "Declarant", which is the owner of certain real property now known as "LaRosa" situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the LaRosa Homeowners Association. The LaRosa Homeowners Association (hereafter referred to as "Association") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Association shall also have the right and power to promulgate rules and regulations that may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plats as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of LaRosa for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 -DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Association as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Association established pursuant to the Articles and Bylaws. Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Association as now or hereafter amended. Page 1 of 19 Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Association, as well as any easements in favor of the Association. Section 1.5: Committee. "Committee" is defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. "Declarant" shall mean and refer to Greenleaf-LaRosa, LLC, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By-Laws of the Association, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Page 2 of 19 Section 1.12: Native Growth Protection Area. This section not applicable as there are no NGP areas. Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of LaRosa contained therein recorded at Volume ___ , Pages ___ to ___ under King County Recording Number , and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ASSOCIATION Section 2.1. Description of Association. The Association is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Association Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Association, which shall include a president who shall preside over meetings of the Board and meetings of the Association. Section 2.3. Association Membership. Every Owner shall by reason thereof be a member of the Association as set forth in the Articles and Bylaws. Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions ofthe Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Association, and all rules and regulations duly promUlgated by the Board. Page 3 of 19 Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Association may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.1(a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time; additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Association. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Association. ARTICLE 3 -ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. Section 3.2. Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses including, but not limited to, all management and administration costs of the Association, operating and maintenance expenses of Common Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on Page 4 of 19 the Common Areas, charges for any services furnished to the Association, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Association, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Pavrnent of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non-Discriminatory Assessment. No assessment shall be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant, from Page 5 of 19 assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy a special assessment or assessments at any time, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Association may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Association may set different special assessment rates for Lots if the Association determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non-Pavment of Assessment. If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association as a corporate entity, and the Association shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for Page 6 of 19 monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non-Pavment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3.11. Reserves for Replacement. As a common expense, if required to do so by RCW ch. 64.38, as now or hereafter amended, the Association shall establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Association. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Association, be invested in obligations of or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Declarant shall not be responsible to pay into the reserve fund. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Plats dedicated to and accepted by a public authority or other charitable or non-profit Association exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Association. ARTICLE 4 -SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2. Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Page 7 of 19 Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 -BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the Page 8 of 19 plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. Alterations and changes that are not substantially different from current conditions do not require Committee approval. These include: additional fencing, patio, or deck that exactly matches existing material and style, back yard landscaping, and/or home color that already exists within the community. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (I) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. Page 9 of 19 (h) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (20" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible; however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 20" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be of uniform design as approved by the Committee. G) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions, as well as in style, as provided for in the Standards as adopted by the Association. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and similar sized pets typically sold in pet stores may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or compo sting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Plats unless it is authorized by and is in compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if (l) evidence of said use is visible from the street or adjacent Lots; (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Page 100f19 Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, right of way, adjacent planter strip or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Association has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Plats for development and/or sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with compo sting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 -ARCHITECTURAL CONTROL Section 6.1. The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Association. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Community Regulations adopted by the Association. The Committee may require applicants to notifY adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plats, which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals Page II ofl9 issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Aooroval or Disaooroval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Association or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Association. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 -COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Association the Common Areas owned by Declarant, as designated in the recorded Plat(s), including notes thereto. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents. The Common Areas when conveyed to the Association shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a plates) or other recorded instrument. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3. Maintenance of Common Areas/Other Maintenance. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined by the Board to promote the Page 120fl9 recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, storm drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Plat(s) where the Board finds that such maintenance will provide a general benefit to the Association and the Lots in the Plat. ARTICLE 8 -EASEMENTS AND OPEN SPACE Section 8.1. Construction, Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of all lots and established by the recorded Plat including notes thereto. Furthermore, all lots shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner ofthe lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. Section 8.2. Maintenance of Common Areas and Tracts. The Association shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the LaRosa Homeowners Association. c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. e) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures, rockeries, drainage components, splash pads, and any other appurtenances within storm detention tracts, and easements in favor of the LaRosa Homeowners Association. f) Tract 'A' is a Public Storm Drainage tract and is owned by the LaRosa Homeowner's Association (HOA). An easement is granted to the City of Renton Page 13 of 19 over, under and across Tract 'A' for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage facilities contained therein. Only the chain link fence, flow control, water quality treatment and conveyance facilities will be maintained by the City. Maintenance of all other improvements and landscaping on said Tract 'A' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non- payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract 'A' previously owned by the HOA and have the attendant financial and maintenance responsibilities. g) Tract '8' is a Landscape tract and is owned by the LaRosa Homeowner's Association (HOA). Maintenance of all improvements and landscaping on said Tract '8' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract '8' previously owned by the HOA and have the attendant financial and maintenance responsibilities. h) Tract 'C' is a Landscape, Recreation and Pedestrian Access tract and is owned the LaRosa Homeowner's Association (HOA). A Pedestrian Access Easement is granted to the owners of Lot 9, 10 & 11 of this plat. Maintenance of all improvements and landscaping on said Tract 'C' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'C' previously owned by the HOA and have the attendant financial and maintenance responsibilities. Section 8.3. Maintenance of Mitigation Plantings. The Association shall cause individual lot Owners to maintain plantings installed by Declarant and identified in Owner's Sales Agreement with Declarant, to the extent any mitigation plantings do not survive for 5 years following installation, Owner shall be required to replace at Owner's expense. Failure to replace such plantings shall result in Association performing the replacement at Owner's expense. ARTICLE 9 -INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Association shall obtain and maintain at all times as an Association expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Page 14 of 19 Association named as insured, or such other fire and casualty insurance as the Association shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Association, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Association as an obligee to protect against dishonest acts by the Board, Association officers, committees, managers, and employees of any of them, and all others who are responsible for handling Association funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance against loss of personal property of the Association by fire, theft, and other losses with deductible provisions as the Association deems advisable. 9.1.6. Such other insurance as the Association deems advisable, provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Association shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Association. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Association as a trustee for the Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10 -ENFORCEMENT Section 10.1. Right to Enforce. The Association, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, Page 15 of 19 restnctlOns, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Association shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Association. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: Ifthe Association determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Association has occurred, the Association shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become final either fourteen days after they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the terms and conditions of this Declaration regarding liens for assessments and attorney's fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or Page 16 of 19 breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11 -AMENDMENT AND REVOCATION Section 11.1. Amendment by Association. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval ofa vote of the Owners having 75 percent of the total outstanding votes in the Association, and provided, however, that the obligation to maintain common areas and improvements may not be revoked without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's By-Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of Common Areas, responsibility for maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from LaRosa. Additional properties may include subsequent phases of LaRosa, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. ARTICLE 12 -GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and Page 17 of19 shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Intemretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not defme, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of anyone of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.8. Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of Declarant during the Development Period and of the Association shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Owners. Page 18 of 19 Section 12.9. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARA nON THE DAY AND YEAR FIRST ABOVE WRITTEN. GREENLEAF-LAROSA, LLC, a Washington limited liability company By: CHG SF, LLC a Washington limited liability company "d.,r;tJ:g~ Its: Manager STATE OF WASHINGTON) ) COUNTY OF KING ) '7"t' -On this L~ I '-day of' JcLh , 2oif:], before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, (J\UL(e/SF (DJla f (' personally appeared to me known to be the Mel o~ / of Greenleaf-LaRosa, LLC, which executed the foregoing instrument, and acknowl ged 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 was authorized to execute the said instrument. SHARON L. BRENNAN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 9, 2018 Page 19 of 19 ,':5n{iDUh \;. f LX: Kfv-~'v'- Printed name: 'Si1tU17VI L 2{erlyl W Notary Public in and for the State of Washington My commission expires: )C 1<1 /1 S Denis Law -c' _~M::.aYOr _".""".~" r ~/llr cy t 1 September 11, 2014 Evan Mann ESM Consulting Engineers 33400 8th Ave S. Suite 205 Federal Way, WA 98003 --__ -...J~JU~ Community & Economic Development Department C.E. "Ch i p"Vi ncent, Ad m in istrator Subject: Notice of Complete Application LaRosa Final Plat (formerly Rosa Meadows) LUA14-001139, FP Dear Mr. Mann: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7216 if you have any questions. Sincerely, Renton City Hall -'055 South Grady Way • Renton, Washington 98057 • rentonwa.gov City of Renton ... LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Greenleaf-laRosa LLC PROJECT OR DEVELOPMENT NAME: NAME: LaRosa Final Plat (formerly Rosa Meadows) ADDRESS: 8Cfb /05"'-Av~ M=- PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: 2724 Benson Rd S 16424 Benson Rd S CITY &/kvvc wv1--ZIP: 96GI0'f KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: t.!.)) 6<rb '1''1'], 008700-0070, -0071, -0080, -0081 APPLICANT (if other than owner) Rob Risinger EXISTING LAND USE(S): NAME: 2 Single-Family Residences (to be removed) Conner Homes PROPOSED LAND USE(S): COMPANY (if applicable): 21 new Single-Family Residences 846 108th Ave NE Ste 200 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: RSF -Residential Single Family Bellevue, WA 98004 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) NIA 425-455-9280 EXISTING ZONING: TELEPHONE NUMBER: R-8 CONTACT PERSON PROPOSED ZONING (if applicable): NIA Evan Mann SITE AREA (in square feel): NAME: 180,562 sq fI ESM Consulting Engineers SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: 31,916 SF 33400 8'" Ave S, Suite 205 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 3,661 SF Federal Way, WA 98003 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) 6 du/acre TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSEIP<~..ljf~pp~cable) (253) 838-6113 ~ \I"~: evan.mann@esmcivil.com NUMBER OF NEW DWELLING UNITS (if applicable): 21 ~..,"~ .. - ' ....... < C:\Uscrs\robr\AppOata\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\7Q06P8JZ\LaRosa Final Plat-Master Application.doc -I - OJECTINFORMAT~IO~N~~(,c~O~I~I~u~ed~I)~ ____________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: TBD 2 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): TBD IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A o AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): N/A o FLOOD HAZARD AREA ___ sq. fl. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A o GEOLOGIC HAZARD ___ sq. fl. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION ___ sq. fl. applicable): N/A o SHORELINE STREAMS & LAKES ___ sq. fl. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A o WETLANDS ___ sq. fl. -- LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the followina information included) SITUATE IN THE ~ QUARTER OF SECTION ~, TOWNSHIP ~, RANGE ~, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Rob Risinger ,declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or ----'L. the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. tlrfit Date Signature of Owner/Representative Date STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ~,..J..<":'--L-'-c:4.;;~'-T''-J''~--,; signed this instrument and acknowledge it to be his/herltheir free and volunt uses and purpose mentioned in the instrument. Notary (Print): SnaJJtnL . BrenntZ() My appOintment expires: --,-1-",D~/_q'-l-+!-,/Lg-+ ___________ _ C:\Users\robr\AppOata\l,ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\7Q06P8JZ\LaRosa Final Plat-Master Application.doc -2- * PLANNING DIVISION WAI R OF SUBMITTAL REQI EMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2 AND 4 Deed of Right-of-Way Dedication (4. Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Archiiectural 3 AND 4 Environmental Checklist 4 Existing Covenants (Recorded 9opy) 4 Existing Easements (Recorded Copy) 4 Flood Hazard Data 4 Floor Plans 3 AND 4 Geotechnical Report 2 AND 3 Grading Plan, Conceptual 2 Grading Plan, Detailed 2 Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 King County Assessor's Map Indicating Site 4 landscape Plan, Conceptual. landscape Plan, Detailed 4 legal Description, Map of Existing Site Conditions, Master Application Form 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Parking, lot Coverage & landscaping Analysis, Plan Reductions (PMTs) , Post Office Approval 2 This requirement may be waived by-: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: -"i\=._~GjLK~07"5:::.tZ.-.....:::;,,,,,B~ofic-'i~-:",," __ DATE: _c:2-'bt-o+!,,-,,1 V!4-fjL-,~ tf-L_' ' .. ....,.:. ,_,.i_: _ I 'JAUG21 ZC'1 H:\cED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittatreqs '06109 PLANNING DIVISION WAIVER I SUBMITTAL REQUIREI NTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITIAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Plat Name Reservation 4 Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan 4 Screening Detail 4 ShoreHne Tracking Worksheet 4 Site Plan, AND 4 Stream or Lake Study, Standard 4 YJ. G Stream or Lake Study, Supplemental. 'C)J. Stream or Lake Mitigation Plan .; W Street Profiles 2 Title Report or Plat Certificate 4 Topography Map, Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Design Regulations AnalysiS 4 Utilities Plan, Generalized, Wetlands Mitigation Plan, Final 4 ("..)I, Wetlands Mitigation Plan, PreHminary • r;d~ Wetlands Report/Delineation. ~ Wireless: Applicant Agreement Statement, AND' Inventory of Existing Sites, AND' Lease Agreement, Draft, AND 3 Map of Existing Site Conditions, AND 3 Map of View Area 'AND' Photosimulations 'AND 3 This requirement may be waived by: 1. Property Services PROJECT NAME: ....,L: .... A"-L...l.K<--"-C:::..o31=-A.._'-'-H---'-c-'-tt--'-· __ 2. Public Works Plan Review 3. Building 4. Planning DATE: _---''6'.LJI<~<O:.p.I/...,LX_I-___ _ H:\CED\Data\Fonns-Templates\Self·Help Handouts\Planning\waiverofsubmittalreqs 06/09 r-::?==WICONSUL TING ENGINEERS LLC ~=:!::::!8_ I~I@I~I August 22, 2014 Job No. 1670-004-013 Ms. Jan lilian City of Renton Planning and Development 1005 South Grady Way Renton, WA 98057 RE: laRosa (formerly Rosa Meadows) Final Plat Application LUA13-o01537, ECF, PP AUG 21 20i4 Dear Jan: We are submitting to the City of Renton an application for Final Plat for the laRosa Plat This letter will selVe as the Confirmation of Compliance with all Conditions of Plat Approval. The project went to a Hearing Examiner for review and also included an administrative minor modification. The conditions are from the Hearing Examiner's Decision dated January 22, 2014 and include conditions associated with the Determination of Non-Significance Mitigated dated December 11, 2013. For simplicity, I have broken this letter into three sections to address the conditions based on the date they were received. I have also copied the original condition in italics and our actions to meet the condition in bold. Conditions from the Hearing Examiner's Decision dated January 22, 2014: 1. The applicant shall comply with mitigation measures issued as pan of the Mitigated Determination of Non-Significance for the proposal. ESMFederalWay The two mitigation measures from the Environmental Review Committee are as follows: 1) The recommendations in the geotechnical repon, 'Geotechnical Engineering Study Proposed Rosa Plat, 2724 Benson Road South, Renton Washingto," by Earth Solutions NW, dated September 10, 2013, shall be followed prior to, during, and following construction. All construction plans have been prepared to the specifications of the Geotechnical Report prepared by Earth Solutions NW, dated September 10, 2013. All site development and earthwork have been preformed to the specifications of the Geotechnical Report 2) A note shall be placed on the face of the plat, prior to recording, stating the following, "Portions of this plat have been identified as having a moderate hazard from coal mining activities and/or abandoned coal mine shafts. " ESMEverett 33400 8th Ave S,Ste 205 Federal Way, WA 98003 253.838.6113 tel 800.345.5694 toll free 253.838.7104 fax tOlOSE Everett Mal! Way,Sle 210 Everett,WA9820S 425.297.9900tel BOD.345.5694tolifree 425.297.9901 fax (,.'11 fll, If. " IIII~ Ms. Jan lilian August 22, 2014 Page 2 This note has been added to the plat as requested and can be found on Sheet 2 of 3 under the "General Notes" section. 2. All proposed street names shall be approved by the City. The street name of "S 28th Streef' for the proposed street was submitted to the City of Renton and approved during construction plans review. 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (151. All lot comers at intersections of dedicated public right-of-way, except alleys, have a minimum radius of fifteen feet (15'). Please refer to Sheet 3 of 3 of the final plat plan. 4. Side sewer lines shall be installed eight feet (81 into each lot if sanitary sewer mains are available, or provided with the subdivision development. Side sewers have been installed at a minimum of 8' Into each lot as required. The sewer plans were reviewed and approved by the City of Renton prior to construction commencing on the site. 5. All utilities designed to seNe the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all seNice connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. All utilities serving the plat have been installed underground at a depth that is sufficient for planting of trees. These installations were completed prior to paving. Easements have been provided to the City and other providers as required. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to seNe each lot. Conduit for seNice connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such seNice connections are extended to seNe any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring seNice to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to seNe his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. Ms. Jan lilian August 22, 2014 Page 2 Cable TV Conduits have been installed as required per this condition. All inspections have been completed and certified. 7. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. All necessary street name signs have been installed in the subdivision. 8. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences prior to Rnal Plat recording. Both single family residences were demolished in the spring of 2014 after obtaining the necessary demolition permits. 9. The applicant shall be required to submit a revised landscape plan, depicting a 10-foot wide on-site landscape strip for all lots. The final detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to Final Plat recording. A revised landscape plan depicting the 10-foot wide on-site landscape strip for all lots was prepared and submitted during the Site development plans preparation. The landscape plan was approved by the Current Planning Project Manager and all landscape has been installed per the approved plan. The final landscape plans are included with this submittal. 10. The applicant shall comply with the City's tree retention requirements, as applied in Ex 11. The project is in compliance with the City's tree retention requirements as they were applied in Exhibit 11 of the City's Staff Report. Please see the final Tree Retention Plan that is included with the Landscape Plans and submitted with this application. We feel that the applicant has complied with the conditions as set forth by the Hearing Examiner and the Environmental Review Committee. Based on the completion of the site development and necessary improvements along with any performance guarantees that may be required, we request that you approve the final plat for recording. Should you have any questions, or require additional information please contact me directly. We look forward to working with you. Sincerely, ESM CONSUL~rE~GINEERS' LLC EVAN MANN / / Project Planner Enclosures cc: Rob Risinger \ \esm8\engnesm~jobs\ 167010041013ldocument\confirmation of compliance.doc Denis law Mayor December ii, 2013 Evan.Mann ESM Consulting Engineers 33400 8th Ave S, Suite 205 Federal Way, WA 98003 Departm~nt of Community and Economic Development. . c.e. "Chip"Vincent,AdminfstratQr SUBJECT: ENVIRONMENTAL (SEPAl THRESHOLD DETERMINATION Rosa Meadows Preliminary Plat, WA~3.Q01537, ECF, Pi> Dear Mr. Mann: This letter is written on behalfof theEnvirO~mental Review Committee (ERC) to advise'you that they have comlJle~ed their review of the subject project and have Issued a thre$hold Determination of Non- Significance-Mitigated (DN5-M) with Mitigation MeasiJres. Please refer to the enclosed ERC Report, for a list Ci{ the Mitigation Measures. ' '. , ApPeals of ~h~ environmental determinati.on must be "led In writl ... on or before 5:00 p.m. on December 27, 2013, together with the required fee with: Hearing EXaminer; City of Renton, '1,055 South Grady WaY,Renton; WA 98057. Appeals to the Examiner are governeci by RMC 4-8-110 and information regarding the ap~al process may be obtained from the City C!£rk'! Office, (425)430-6510 .. Also; a public hearing has been scheduled by the Heilrinl Examiner In the Council Chambers on the seventh floor of City Hall on January 7, 2014 at 11:00AM to consider the Preiiminary Plat. The applicant or representative(st of the applicant is required to be present at the public hearing. A copy ofitie staff recommendation will.be mailed to you prior to the heating. Ifthe Environmental DeterminatiQn Is appealed. the appeal will be heard as.part of this public hearlnl. ' . If you have anY·further queStions, please call me at (425)430-6581. Fort~ Environriuintal Review Commltt~., ' t:M~~J~ Elizabeth Hillhis Senior' Planner EnClosure cc: David & Pamela Rosa, James Rosa, David and Cathy Rosa I Owner{s) Rob Risinler I Applicant . Brad D'Emldlo, Cynthia ~urns I Party{ies) of Record Renton CIty Hall • 1055 SoU1h GradywBy • Renton,WashlngUin 980:;7 • rentonwa.gov .;PARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL COMMITIEE REVIEW REPORT ERe MEffiNG DATE: Project Name: Project Number: Project Manager: Owners: Applicant: Contact: Project Location: Project Summary: Site Area: December 9, 2013 Rosa Meadows Preliminary Plat LUA~1537;EC~PP Elizabeth Higgins, Senior Planner David B. and Cathy Rosa, 17407 -161" Ave SE, Renton WA 98058; James V. Rosa and Pamela Rosa, 32130 -1l5,h Ave SE, Auburn WA 98092 Rob Risinger, Conner Homes, 846-108th Ave NE, Suite 200, Bellevue WA 98004 Evan Mann, ESM Consulting Engineers, 33400 - 8 th Ave S, Federal Way WA 98003 2724 Benson Rd Sand 16424 Benson Rd S, Renton 98058 The project proponent has submitted an application for a Preliminary Plat subdiviSion, which requires an environmental review by the City of Renton Environmental Review Committee. If approved, the project would result in the subdivision of a 4.15 acre property, located in the Benson planning area of the City, Into 21 lots suitable for single-family residential use. In addition, Tract 'A' would be dedicated for storm drainage control. The property has the Comprehensive Plan deSignation of Residential Single-family (RSF) and is correspondlingly zoned Residential 8 (R-8). Two residential structures would be removed. The site is within an area known for potential hazards from abandoned coal mines. 180,562 sf (4.15 acres) Buildings to remain: Buildings to be demolished o 2 aty of Rentan DepDrtment of Ctlm :y & Economic Development ROSA MEADOWS PREUMINARY PLAT ironmental Review Ctlmmlrtee Report LIJAl3-OO1531; ECF, PP Report of December 9, 2013 I PART ONE: PROJEcr DESCRIPTION I BACKGROUND A. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: ExhibitS: Exhibit 6: Exhibit 7: ExhibitS: Exhibit 9: Exhibit 10: Exhibit 11: Environmental Review Committee Report and DecIsion Vicinity Map Zoning Map Preliminary Road and Utility Plan Preliminary Plat Site Coal Mine Hazard Areas Geotechnical Engineering Study (full report available in the project file) Test Pit Location Plan Preliminary Coal Mine Hazard Evaluation Drainage Control Plan Preliminary Technical Information Report B. GENERAL INFORMATION: Page20fS 1. Owner(s' of Record: David B. and cathy Rosa, 17407 -161" Ave SE, Renton WA 98058; James V. Rosa and Pamela Rosa, 32130 _115th Ave SE, Auburn WA 98092 2. Comprehensive Plan Land Use Designation: Residential Single-family (RSF) 3. Zoning Designation: Residential 8 (R-8) 4. Existing Site Use: Low Density Residential 5. Neighborhood Characteristics: a. North: Residential development (R-8 zone) b. East: Residential development (R-8 zone) c. South: Residential development (R-8 zonej d. West: Residential development (R-8 zone) 6. Access: Benson Rd S 7. Site Area: 180,562 sf (4.15 aues) C. HISTORICAl/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5100 11/01/04 Zoning N/A Sl00 11/01/04 Annexation N/A 3742 8/17/83 ERe IIrport 13-otJ1537 of RenlDn Department of Co, Ity & Economic Development ,.,EADOWS PREUMINARY P~. "port of December 9, 2013 D. PROJECT DESCRIPTION: 'ironmenlDl Review Committee Report L1JAJ3.D01537; ECF, PI' Page 3 of5 The project proponent has requested approval of a subdivision of 4.15 acres of land into 21 lots, that would subsequently be developed for single-family residential use. The site currently consists offour tax parcels. Due to the size ofthe project, review by the Environmental Review Committee is required prior to consideration of the land division. The property is located in southeast Renton (Exhibit 2) within the Benson Planning Area and is designated Residential Single-family (RSF) on the Comprehensive Plan Land Use map. Goals, objectives, and policies ofthis designation are implemented by the regulations and standards of the Residential 8 zones (Exhibit 3). The proposed density of the project would be 6.31 dwelling units per net acre. The land, located between S 27'" St and S 29'" St, fronts on Benson Rd S, whiCh would provide primary access to the new subdivision (Exhibit 4). A second access would be available by extension of S 28th St from the east. Two residential structures, built in 1958 and 1962, would be removed. The site is primarily cleared of vegetation, except for extensive lawn area (Exhibit 5). Most ofthe site, and extending to the north, has been identified as potentially hazardous from abandoned coal mines (Exhibit 6). I PARTTWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.t1C.240, the following State Environmental Policy Act (SEPAl -compliant environmental review addresses only those project Impacts that may not be adequately addressed under existIng Renton Municipal Code development standards and environmental regulations. A. ENVIRONMENTAL THRESHOLD RECOMMENDATION Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DN5-M with a 14-day Appeal Period. B. MmGATlON MEASURES . 1. 1)1e recommendations in the geotechnical report, "Geotechnical Engineering Study Proposed Rosa Plat, 2724 Benson Road South, Renton WashIngton: by Earth Solutions NW, dated September 10, 2013, shall be. followed prior to, during, and following construction. 2. A note shall be placed .on the face of the plat, prior to recording, stating the following, "Portions of this plat have been identified ashaving a moderate hazard from coal mining activities and/or abandoned coal mine shafts." C. ENVIRONMENTAL IMPACTS The Proposal was circulated and reviewed by various City Departments and Divisions and appropriate state agenCies to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff and state reviewers have identified that the proposal is likely to have the following probable impacts: ERe Report l31IOl537 City of Renton Department of Community & Economic Development R05A MEADOWS PREUMINARY PlAT Report of December 9, 2013 1. Earth Environmental Review Committee Report LUA13-OOl537; ECF, PP Page 4 of5 Impacts: The site has level to rolling topography with a grade differential of approximately 40 feet across the site (5 to 8 percent slopes). The highest elevation is about 454 feet. A geotechnical report, "Geotechnical Engineering Study Proposed Rosa Plat, 2724 Benson Road South, Renton Washington," by Earth Solutions NW (ESNW), dated September 10, 2013, was submitted with the land use application materials (Exhibit 7). The subsurface investigation was based on material sampled from four test pits (Exhibit 8). Based on observation, it appears that fills were placed on the site to a depth of up to four feet where reSidential development occurred. Subsurface conditions, as determined from material excavated from test pits indicate that topsoil was found at depths of apprOximately 6 inches. At test pit 4, fill to a depth of about one foot and chunks of old concrete foundation were found. The fill was primarily medium dense silty sand with varying amounts of gravel. Native soil underlying the topsoil and fill consisted of dense to very dense silty sand with gravel, generally associated with weathered and unweathered glaCial deposits. Soil relative density appeared to increase with depth. Dense conditions were encountered at depths up to three-l/2 feet below existing grades. It is antiCipated that 3,290 cubic yards (CY) would be stripped and reused on site. There would be approximately 6,410 CY of cut material and 6,970 CY of fill. In the opinion of the geotechnical engineer, residential development of the site is feasible from a geotechnical standpoint. ESNW recommendations regarding site preparation, grading, excavation, and slab-on-grade construction should be followed during site and building construction. Therefore, staff recommends that the mitigation measures found in the report, "Geotechnical Engineering Study Proposed Rosa Plat, 2724 Benson Road South, Renton Washington, N by Earth Solutions NW (ESNW), dated September 10, 2013, be made conditions of approval. In addition to general geotechnical review of the project site, a ·Preliminary Coal Mine Hazard Eva!uation," bv ESNW, oj""-,, September 24,2013 was submitted (Exhibit 9). This report is based on review of documents, and not actual subsurface investigation. According to available historic mining records (maps K32a through K32e of the King County Coal Mine Maps inventory), the Benson Mine was located north of the site about 400 feet. This opinion notwithstanding, there is an awareness In Renton that mining activities were not accurately recorded at the time they were taking place. The property is within an area identified to have a "moderate" level of hazard and approximately 110 feet from a 'high" hazard area (Exhibit 6). For these reasons, staff recommends that a note be placed on the face of the plat, prior to recording, stating the following, ·Portions of this plat have been identified as having a moderate hazard from coal mining activities and/or abandoned coal mine shafts. n Mitigation Measures: 1. The recommendations in the geotechnical report, "Geotechnical Engineering Study Proposed Rosa Plat, 2724 Benson Road 50uth, Renton Washington: by Earth Solutions NW, dated September 10, 2013, shall be followed prior to, during, and following construction. 2. A note shall be placed on the face of the plat, prior to recording, stating the following, "Portions of this plat have been identified as having a moderate hazard from coal mining activities and abandoned coal mine shafts." ERe Report 13-001537 City of Renton Deportment 0/ Community & Economic Development ROSA MEADOWS PREUMINARY PlAT Report of December 9, 2013 Environmental Review Committee Report LUAl3-OO1537; ECF, PP Page Sots Nexus: State Environmental Policy Act (SEPA) Environmental Review; RMC 4-3-050 Critical Areas Regulations; RMC 4-4-060 Grading, Excavation, and Mining Regulations. 2. Stormwater Impacts: On-site stormwater runoff would be generated from rooftops, driveways and other residential paved areas, and roads. Stormwater would be collected, routed through required water quality treatment facilities in Tract 'A' (northwest comer of the site), and discharged to a roadside ditch along the east side of Benson Rd S (Exhibit 10). A drainage report, NRosa Meadows Preliminary Technical Information Report, October 28, 2013, by ESM Consulting Engineers, LLC, was submitted with the land use application (Exhibit 11). The proposed project is subject to full drainage review per the City of Renton 2009 Surface Water Design Manual Amendments and the 2009 King County Surface Water DeSign Manual. Mitigation Measures: None required Nexus:N/A D. coniments of Reviewing Departments The proposal has been circulated to City department and diviSion reviewers. Where applicable, their comments have been incorporated into the text of this report . ./ Copies orall review comments are contained in the official file and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner; City of Renton; 1055 South Grady Way; Renton, WA 98057, on or before 5:00 pm on Friday, December 27,2013. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425)430-6510. ERe Report 13.(J(J1537 VICINITY MAP NOT TO SCALE EXHIBIT 2' G4W 20 T23N RSE W 112 • '---L..L.I::::.~~~~-',',' "t __ I _~ f :-;"- l!!5ilo±o~i!!iiiiiii;;ji.... H4W ZONING MAP BOOK I4W 32 T23N R5E W 112 PLANNING· TECtlNICAL SERVICES PRINTED DATE: 10/0312013 m.daaumItII"I'-~'" ~t.J.,...,..arq,nI"baId .,a..blltWorrn6tl ........ err ..... hWn.n.IIIIP .. fIiIIdItI ... ~~1Irt ....... " ~ .. """"""",o....r....- (;'~-...e ........... -=--iWft:® """'* CJ(C' CJ ... """ CJOI ..... _. CJOI CJtcAI-'-CJOI CJ(CIIJ"'-CJ~ O(Cll)-"'-CJ(R CJFOI--CJ(R t:J~---CJ(R ... '" 29l23N R5E W 112 EXHIBIT 3 == I ~ I ..:a,.'"'JI --.. _-- 1_1.1_1 ---IIEEI" EXHIBIT 4 [-Rosa Meadows Preliminary Plat Site ~ ::t: 1-1 '" =i U1 IM3S_1Ii1S·C'Netl_Mercaror.-AUldIIaty_Sphl'!l1! ThIs 1'l\IIf) " Ii L1'aar generated IltIIiC output fn)m .n InlBmet mlpplnlillfle .nd II for reference only. Data layer1 'ItIatlppearan thl, mlPmay or1M}' nalba accurata, current, or otharwlM relIIble. THIS MAP IS NOT m BE USEO FOR NAVIGATION City and County Labels City and County Boundal}' !". 0Ihw (:1 car .. _ Parcels m >< :::c .... g:l =I 01 RentonM8pSupportlj~entonwa.gov 12/0412013 This map Is a u.er generated statk:: output Itom Rn IntfJrnvt mapping lite and 18 forrefum~ only. Data [Ryera thstappeRran this map may or mR)' not be ~te. CUl'T8nt. or othMWtso raftable. THIS IMP IS NOT TO BE USED FOR NAViGATIDN HIGI1 MODERATE UNCLASSlr-1E:D o >,,?~<. GEOTECHNICAL ENGINEERING Y,,~f;j PROPOSED ROSA PLAT ,',; c 2724 BENSON ROA£tS~ .. v~-' RENTON, WASHINGWN.-i. ,"'/, , '. ES-2972 NOV G 5 EXHIBIT 7 --- PREPARED FOR CONNER HOMES GROUP, LLC c/o WESTPAC DEVELOPMENT September 10,2013 ~. Kyle R. Campbell, P.E. Principal GEOTECHNICAL ENGINEERING STUDY PROPOSED ROSA PLAT 2724 BENSON ROAD SOUTH RENTON, WASHINGTON ES-2972 Earth Solutions NW, LLC 1805 -13at" PI. Northeast, Suite 201 Bellevue, Washington 98005 Ph: 425-449-4704 Fax: 425-449-4711 . Toll Free: 86Ih136..a710 LEGEND TP-1-t~Approximate Location of ESNW Test Pit, Proj. No. ES-2972, Aug. 2013 --~1 I -. I Subject"Site 1--- 4 Proposed Lot Number NOTE: TheglllPhlcs shown on this plata .... 001 in1snded fordeaign purposes orprecise scale measurements. but only to DIu_1he a~ test locations raIatiYe 10 the eppl1lXimate IocatIcns ri existing IIld I or proposed slIe fealu .... The _on llustralld ~ largely based on data proIIded by the olen! at 1he time ri our study. ESNW cannot be rsponsille for subsequent design chII1gos or~of1hedatabyol!lenl. - NOTE: This plate may con1aIn ..... of wlor. ESNW cannot be respooslble for any subsequent mIsInterprelatlDn of the InfonneIicrJ rasumng fItIm black & whllB repruduclion. rithis plata. Not -To -Scale c .... _c ...... _ ....... EXHIBITS Se~ber24,2013 ES-2972.02 Conner Homes Group 846 -108111 Ave Northeast, Suite 205 Bellewe, Washington 98005 Attention: Mr. Kyle Kittelman Subject Preliminary Coal Mine Hazard Evaluation Proposed Residential Development 2724 Benson Road South Renton, Washington Reference: Earth Solutions NW, LLC Geotechnical Engineering study ES-2972, dated September 10, 2013 Dear Mr. KltteJman: Earth Solutions NW LLC • Geot.chnie>l Enwneering • Construction MonHnring • ErMroilmentai Sciences In accordance With your request, Earth Solutions NW, LLD (ESNW) has prepared this letter providing a summary of our preliminary coalmine hazard evaluation for the subject property. Records Review The subject property is located along the east side of Benson Road South in Renton, Washington. This general area has been identified as a potential coal mine hazard area due to historic mining records. We reviewed maps K32a through K32e of the King County Coal Mine Maps inventory. Based on review, it appears that the Benson Mine was located north of the ~u!:>ie!:! site about 400 feel The majQriiy of the 'Tlinjno activit." appears to haVl:rbeeaHccsk.>d.. north of South Puget Drive and to the'east of Benson Road South.' I\.L ........ r:1 VcU Summary and Opinion NOV 052013 Based on our review of readily available coal mine maps for the area, In our OI~iiU;};,qnEFSU'!fQl\i site is not located within a coal mine hazard area. Consistent with section ~!·.fIi''mIthe Renton Municipal Code, the site should be classified as a Low Coal Mine Hazard area. UMITATIONS, The recommendations and conclusions provided in' this letter are professional opinions consistent with the level of care and skin that is typical of other members In the profession currently practicing under simHar conditions in this area. A warranty is not expressed or implied. Variations in the soil and groundwater conditions observed at the test site locations may exist, and may not become evident until construdion. ESNW should reevaluate the conclusions in this preliminary geotechnical summary If variations are encountered. 1805 -136111 Place N.E., Suite 201 • Bellevue, WA 98005 • 1425)449-4 EXHIBIT 9 Conner Homes Group SepbHnber24,2013 ES-2792.02 Page 2 We trust this geotechnical summary meets your current needs. If you have any questions, or if additional information is required, please call. Sincerely, EAR1lI SOLUTIONS NW, LLC Kyle R. Campbell, P.E. Principal EoIlhSOlutlonoNW,UC • ! S • i EXHIBIT 10 ROSA MEADOWS PnliminaryTeclJnicallnfDrmalion Report 'OdDer ZI. zon Prepared for Conner Homes 846-108th Avenue NE. Suite 200 Bellevue. WA 98004 ,. SubmiUedby ESM Consulting Engineers. LLC 33400 ~ Avenue S. Suite 205 Federal Way. WA 98003 253.838.6113 tel 253.838.71 D4 fax I#§I=' EXHIBIT 11 October 28, 2013 ApprovecIBy: CIty of Renton PRB.J~ TECHNICAL 1NFORMA11ON REPORT FOR ROSA MEADOWS Prepared for. Conner Homes 846-108111 Avenue ME, SuIte 200 BeIevue, WA 98004 Prepared by: ESM C9nsUIIIng EngI~ 33400 8th Avanue S. SuIte 205 Federal Way, WA 9BOO3 Job I'h 1670004-013 Date 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Rosa Meadows Preliminary Plat LUA13-001537, ECF, PP FINAL DECISION SUMMARY The applicant requests preliminary plat approval for a 21 lot residential subdivision. The preliminary plat is approved with conditions. TESTIMONY Staff Testimony Elizabeth Higgins, senior planner, summarized the staff report for the project. She referenced the revised site plan (exhibit 16) in discussing the three tracts planned. She noted that the original staff report included incorrect lot sizes, but it has since been revised. She asked that the final recommendation of the staff report be struck because it was made due to a typographical error regarding the lot size of lot 17 on the preliminary plat. The City of Renton will provide sewer connections which is contrary to what the staff report states. In regard to the coal mine hazard, the "moderate" designation is described in the city's mapping system. The system provides a range of hazard designations from serious to low. In regard to open space, the City Code has no specific PRELIMINARY PLAT - 1 AUli 2 i 2i!~6 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 requirements. In regard to emergency vehicle access, the Fire Department reviewed and approved the plan. Applicant Testimony Eric LaBrie, ESM Engineering, stated the applicants have worked closely with the City to develop the project. The applicants agree with the conditions of approval set by Renton staff. Additionally, the site is close to several large areas of open space at a nearby elementary school, and tracts Band C will be landscaped open space. The elementary school is in walking distance of the project, and there are continuous sidewalks and shoulders to the School. StatTTestimony Ms. Higgins noted that the walking conditions for children were not assessed in the staff report, but staff concurs there are adequate conditions for children to walk to the school. The children can access the school via 28th Street. Public Testimony Brad D'Emidio stated he has lived at 1409 S 27th Street since 1995. His property abuts proposed lots 1 and 2. Currently, the line of sight behind his property is a greenbelt, but, with the development of these new lots, he will be looking into homes. He asked what the setbacks for the homes will be trom his lot and if there will be balconies on the new homes. His home and the new lots are on flat land. Additionally, he asked when construction will begin and if there is a drainage plan for the new development. Staff Rebuttal Ms. Higgins testified that the rear-yard setback is 20ft and balconies cannot extend into this setback area. Neil Watts, Development Services, stated that the Fire Department reviews all preliminary plats and construction drawings to ensure there is adequate access to the development based on the City Code. According to the Code, single, dead-end access roads do not require a turnaround as long as they are 300ft or less because the truck can be backed-up. In regard to storm drainage, the sizing for vaults is prescribed by the King County Surface Water Manual. Renton will review the retention ponds to ensure they meet all standards. The maintenance of the ponds will be conducted by the City because they serve public streets. The ownership of the tracts will remain with the Homeowners Association, and the city will have an easement to maintain the drainage facilities. In regard to design, there are no restrictions from the City regarding balconies. In regard to private streets, generally, Renton will not allow a street to be private if it believes the street will be extended in the future. If the street will only serve four land-locked parcels or less, then the City allows it to be a private street. Renton prefers public, grid systems, but the street width requirements are much greater, resulting in very small lot sizes. PRELIMINARY PLAT - 2 2 3 Ms. Higgins noted that no preliminary landscaping is required for the projects. There are not many trees on the site, currently. Applicant Rebuttal Eric LaBrie stated that the builder plans on installing a cedar fence along the north boundary of the 4 site. Construction of the site is expected to start in the summer of 2014. Homes will possibly be completed by the end of 2015. The exact home plans have not been finalized, but the homes may have balconies. The applicant does not object to a condition requiring a fence along the north boundary. 5 6 7 S 9 10 II 12 13 14 Neil Watts noted that Renton's maintenance department may object to the fence requirement because of graffiti and other vandalism. Public Testimony Brad D'Emidio asked if standing water will be treated for mosquitoes. He also asked if the fence could be taller than 6ft or if trees could be planted along the northern boundary. He is also concerned for children walking to the elementary school because there are no sidewalks along S 2Sth Street. Staff Rebuttal Mr. Watts said that the water is not treated. The City is limited in what types of chemicals it can use in drainage ponds. The City has done mosquito abatement in larger wetland areas. Ms. Higgins stated that Renton only allows fences to be 6ft tall. In regard to school walking 15 conditions, S 2Stll Street will be put through to Benson. Frontage improvements, including sidewalks, 16 will be placed along Benson as part of this development project. S 27 th Street will be receiving frontage improvements, including sidewalks, as part of a separate development project. This will 17 leave a small section of street between S 2Sth and S 2Sth Street with no sidewalks. However, City IS Council has just approved a new development standard that requires single-family in-fill development to include full frontage improvements. This could potentially place sidewalks in the section of street 19 between 27th and 2Sth. 20 21 22 23 24 25 26 Mr. Watts added that Benson has sidewalks along the road all the way to the school. There is a pedestrian right-of-way connecting 27th to Benson. Mr. LaBrie noted that the backyards of the lots are not large enough to plant big trees. EXHIBITS Exhibits I-IS listed on page 2 of the January 7, 2014 Staff Report, in addition to the Staff Report itself (Ex. I), were admitted into evidence during the public hearing. Additional exhibits admitted during the hearing are the following: PRELIMINARY PLAT - 3 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit 16: Revised Preliminary Plat Map Exhibit 17: Staff Report errata sheet dated 1/6/1 4 FINDINGS OF FACT Procedural: 1. Applicant. Rob Risinger, Conner Homes. 2. Hearing. The Examiner held a hearing on the subject application on January 7,2014 in the City of Renton Council City Chambers. 3. Project Description. The applicant is requesting preliminary plat approval for a 21 lot subdivision with lots ranging in size from 4,500 square feet to 10,661 square feet. The site is located in southeast Renton (Exhibit 2), in the Talbot Hill Planning Area. The subdivision would include three tracts. Tract 'A' would be dedicated for storm drainage control (Exhibit 7). Tract 'B' for signage, and Tract 'C' for open space. The density of the project would be 6.31 dwelling units per net acre. The site is 4.15 acres in size, consists of 4 tax parcels and has 2 residential structures and associated outbuildings that were constructed in 1958 and 1962 (Exhibit 4). Access to the plat would be from Benson Rd S by means of a new east-west road that would connect to an existing road, S 28 th St, to the east. An existing alley right-of-way would be improved to allow rear access to lots abutting the alley. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water and would be provided by the Soos Creek Water and Sewer District (SCWSD) and sewer by the City of Renton. Certificates of Water and Sewer Availability were provided with the land use application (Exhibit 14). Water and sewer main extensions within the interior roads will be required during civil plan review (the engineering review between preliminary and final plat approval). B. Police and Fire Protection. Police and fire service would be provided by the Renton Police Department and Renton Fire Departments, respectively. The Police Department has commented that police impacts would be minimal. Fire system needs are addressed by the City's tire impact fees. The access and road system proposed for the preliminary plat has been reviewed and approved by the Renton Fire Department. The number and location of fire hydrants will be subject to approval of the Fire Department during civil review. PRELIMINARY PLAT - 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. Drainage. The proposal provides for adequate stormwater drainage facilities. During civil plan review the applicant will be required to demonstrate compliance with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapter I and 2. Compliance with these regulations will assure that the proposal will not create any increase in off-site stormwater flows. Rosa Meadows Preliminary Technical Information Report (TIR) dated 10/28/2013, was submitted by ESM Consulting Engineers (Exhibit 13). As established in the TIR, adequate space has been reserved in the preliminary plat for all needed stromwater facilities via the dedication of Tract A for that purpose. The TIR proposes a design for a combined detention and water quality pond to be located in Tract A. System drainage system needs will be addressed by the City'S water system development fee, which is $1 ,228.00 per lot. D. ParkslOpen Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-8 district. The impact fees provide for adequate parks and open space. E. Streets. The proposal provides for adequate streets. The proposal fronts Benson Street and a new internal access through road will connect Benson Street, bordering the plat on the west side, to S 28 th St, located on the east side of the plat. An existing alley right-of- way would be improved to allow rear access to lots abutting the alley. The proposed street alignment has been reviewed and approved by the City'S public works department. Road A will be required to develop with a 47-foot wide right-of-way with 20-foot pavement width, 0.5 foot vertical curb, gutter, 8-foot wide landscape strip, and 5-foot wide sidewalk on both sides. There are currently no frontage improvements along Benson Street. Frontage improvements will be required along the west side of Benson Rd S, which include the installation of a 5-foot bike lane (as per the Benson Road/Main Avenue South Bicycle Lanes plan in the adopted Trails and Bicycle Master Plan, Exhibit 15), 0.5 wide vertical curb, gutter, 8-foot wide landscape strip, and an 8-foot wide sidewalk. F. Parking. Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles. PRELIMINARY PLAT - 5 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 G. Schools. The project area is adequately served by the Renton School District and there are safe and adequate pedestrian facilities for students that will have to walk to and from school!. According to the staff report, it is anticipated that the Renton School District can accommodate additional students generated by this proposal at the following schools: Cascade Elementary, Nelson Middle School, and Lindbergh High School. A school impact fee, assessed per single-family residence, is required by City code to mitigate the proposal's potential impacts to Renton School District. According to testimony during the hearing, there is a school within walking distance of the subdivision and school children will be able to walk safely to that school using existing sidewalks and those required to be built for the subdivision. There will be a small section without sidewalks between the project and the school but new sidewalks will be required as new frontage improvements for any development or redevelopment of that section area. 5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed in Finding of Fact No.4, the proposal provides for adequate infrastructure and is served by adequate public services. The site is within an area known for potential hazards from abandoned coal mines and is mapped by the City as a moderate hazard mining area. There is no evidence available to indicate that the project would be constructed over such mines. Pertinent mining records have been evaluated and it has been verified that the proposal will not be constructed over any mine hazard area. See "Preliminary Coal Mine Hazard Evaluation," by ESNW, dated September 24,2013 (Exhibit 8). The MDNS requires that a note be placed on the plat identifying the plat area as having a moderate hazard from coal mining activities and/or abandoned coal mine shafts. There are no critical areas on site. but the City's tree retention regulations do require the preservation of some trees categorized as "significant". There are approximately 54 trees that qualify as "significant" (over 6 inches in diameter) under city regulations on the site (Exhibit II). Of these, none have been determined to be dead, diseased, or dangerous. The tree retention formula, as per RMC 4-4-130H, for the R-8 zone, requires that 17 trees must be retained. The project proposal indicates that 7 trees would be retained. Therefore, 10 trees. or 120 "replacement inches" (60 two- inch diameter trees) are required. Aesthetic impacts are primarily addressed by the City's landscaping standards. The applicant's proposed landscaping measures fall short of City standards as identified at page 7 of the staff report and the conditions of approval require modifications to be made to the applicant's landscaping plan in order to achieve compliance. I RCW 58.17.110(2) provides that no subdivision may be approved without making a written finding adequate 26 provision is made to ensure that there are safe walking conditions for students that walk to and from school. PRELIMINARY PLAT - 6 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Conclusions of Law I. Authority. RMC 4-7-020(C) and 4-7-050(0)(5) provide that the Hearing Examiner shall hold a hearing and issue a final decision on preliminary plat applications. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 8 dwelling units per net acre (R-8). The comprehensive plan map land use designation is Residential Single-Family (RSF). 3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. RMC 4-7-080(8): A suhdivision shall he consistent with the following principles of acceptability: 1. Legal LoIs: Create legal building sites which comply with all provisions of the City Zoning Code. 2. AGcess: Establish aGGess to a publiG road for eaGh segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied bemuse offlood, inundation. or ,vetland conditions. Construction of protective improvements may be required as a condition o/approval, and such improvements shall he noted on the final plat. 4. Drainage: Make adequate provision for drainage ways. streets. alleys, other public ways. water supplies and sanitary wastes. 4. As noted in Finding of Fact 5, this criterion is not satisfied with respect to landscaping requirements. The conditions of approval will require revision of the landscaping plan to confonn to applicable landscaping standards. Beyond this the proposed lots comply with all other requirements of the R-8 zoning district as detailed by Staff at pages 6-8 of the Staff Report, which is adopted and incorporated by this reference as if set forth in full except that the reference to the substandard size of Lot 17 shall be deleted per Ex. 172 . As shown on the preliminary plat map, Ex. 16, each lot will access a public road, either via Road A or the eastern alley. There are no critical areas on site. The developable site has physical characteristics suitable for development since it has been verified that there are no actual mines below the site, there are no critical areas on-site and the site is fairly flat as shown in the topographical lines of Ex. 7. As detennined in the Finding of Fact No.4, and as conditioned, the proposal makes adequate provision for drainage, streets water and sewer. 2 This deletion is based upon the requirement that the plat map be revised to increase the lot size of Lot 17 to 4,500 square feet. PRELIMINARY PLAT - 7 2 3 4 5 6 RMC 4-7-080(1)(1): ... The Hearing Examiner shall asslIre conformance with the general purposes or the Comprehensive Plan and adopted standards .. 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in page 6 of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication ~f" any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by sur/ilced road or street (according to City specifications) to an existing street or highway. Road A will connect to both Benson and Road Sand S 28 th St. 7 6. 8 RMC 4-7-120(B): The location ~f"all streets shall conform to any adopted plans for streets in the 9 City. 10 7. The City's adopted street plans are not addressed in the staff report or anywhere else in the II 12 13 administrative record. However, the only public road in the vicinity that could possibly be extended through the preliminary plat area would be S. 28 th St., and that is being accomplished in this proposal through the construction of Road A. RMC 4-7-120(C): If" a subdivision is located in the area of an officially designed [sic} trail, 14 provisions shall be made for reservation of the right-aI-way or for easements to the City for trail purposes. 15 16 17 18 19 20 21 22 23 24 25 26 8. Street improvements along the west side of Benson Rd S will include the installation of a 5- foot bike lane as per the Benson Road/Main Avenue South Bicycle Lanes plan in the adopted Trails and Bicycle Master Plan, Exhibit 15. RMC 4-7-t30(C): A plat, short plat, subdivision or dedication shall be prepared in coriformance with the following provisions: 1. Land Unsuitable far Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion o{the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. PRELIMINARY PLAT - 8 2 b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopesforty percent (40%) or greater as measured per RMC 4-3- 050JIa, without adequate area at lesser slopes upon which development may occur, "hall not be 3 approved. 4 5 6 7 8 9 10 11 12 13 14 15 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Presen'ation: Every reasonable effort shall be made to presen'e existing streams, bodies of water, and wetland areas. b. Method: Ira stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. Tlw methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and a/lowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 16 9. As discussed in Conclusion of Law No.4, and as conditioned, the land is suitable for 17 18 19 20 21 22 23 development. The property is not designated as a floodplain and there are no critical areas on-site. Although there are no critical areas on site, the City's tree retention regulations do require the preservation of some trees categorized as "significant". There are approximately 54 trees that qualify as "significant" (over 6 inches in diameter) under city regulations on the site (Exhibit II). Of these, none have been determined to be dead, diseased, or dangerous. The tree retention formula, as per RMC 4-4-130H, for the R-8 zone, requires that 17 trees must be retained. The project proposal indicates that 7 trees would be retained. Therefore, 10 trees. or 120 "replacement inches" (60 two- inch diameter trees) are required. Compliance with these tree retention requirements will be made a condition of approvaL RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- 24 family residential zones as d~fined in the Zoning Code shall be contingent upon the subdivider's 25 26 dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The PRELIMINARY PLAT - 9 2 3 4 5 6 7 8 requirements and procedures for this mitigation shall be per the City of Rellion Parks Mitigation Resolution. 10. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-7-150(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Puhlic Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shallfind that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall he as defined and designated by the Department. 11. The internal road, Road A will connect Benson Road S. to S. 28 th St. 9 RMC 4-7-150(8): All proposed street names shall be approved by the City. As conditioned. 10 12. 11 RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 secondary arterials shall be held to a minimum. 13. There is no intersection with a public highway or major or secondary arterial. RMC 4-7-150(D): The alignment of all streets shall be reviewed and approved by the Puhlic Works Department. The street standards set by RMC 4-6-060 shall app(y unless otherwise approved. Street alignment off.5ets of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the street alignment. RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall he the predominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Ohjective CD-M and Policies CD-50 and CD-60. 3. Exceptions: PRELIMINARY PLAT -10 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 IS 19 20 21 22 23 24 25 26 a. The grid pallern may be ad;usted to a 'flexible grid" by reducing the number a/linkages or the alignment bef>veen roads, where the following factors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stuh streets shall be required within suhdivisions to allowfuture connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-I. and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use oj'alley(.,j is notfeasible .. 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cui-dc-Sac Streets: Cui-dc-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints nolulure connection to a larger street pattern is physically possible. 15. The project provides a grid connection by connecting the internal street, Road A, to Benson and S. 2S th Streets. There are no other public street connections available due to the presence of intervening, already existing lots. As testified by the public works director, the internal private cuI- de-sac was permitted since no additional physical connections are possible. Alley access will be provided along the eastern alley. RMC 4-7-150(F): All adjacent rights-ol-way and new rights-otway dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 16. As proposed. RMC 4-7-150(G): Streets that may be extended in the event o{future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. 17. There are no further street extensions possible for the proposed subdivision. PRELIMINARY PLAT -11 2 RMC 4-7-170(A): Insofar as practical. side lot lines shall be at right angles to street lines or radial to cunJcd street lines. 3 18. As depicted in Ex. 16, the side lines are in confonnance with the requirement quoted above. 4 5 6 RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 19. As previously detennined, each lot has access to a public street or road. 7 RMC 4-7-170(C): The size. shape. and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of 8 development and use contemplated. Further subdivision of lots within a plat approved through the 9 provisions of this Chapter must be consistent with the then-current applicable maximum density 10 11 12 13 14 IS 16 17 18 requirement as measured within the plat as a whole. 20. As previously determined, the proposed lots comply with the zoning standards of the R-8 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at theirforemost points (i.e .. the points where the side lot lines intersect with the street right-oFway line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots. which shall have a minimum width of twenty feet (20~ and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots}. which shall be a minimum of thirty five feet (35~. 21. As shown in Ex. 16, the requirement is satisfied. RMC 4-7-170(E): Ali lot corners at intersections of dedicated public rights-oFway. except alleys, shall have minimum radius offifteenfeet (J 5~. As conditioned. 19 22. 20 RMC 4-7-190(A): Due regard shall be shown to all naturalfeatures such as large trees, watercourses. and similar community assets. Such natural features should be preserved. thereby adding attractiveness and value to the property. 21 22 23 24 25 26 23. As discussed in Finding of Fact No.5, there are no critical areas on site. Significant trees are required to be retained by the conditions of approval as required by the City's tree retention code requirements. RMC 4-7-200(A): Unless septic tanks are opecifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no PRELIMINARYPLAT-12 2 3 4 5 6 7 8 cost to the City and designed in accordance with City standards. Side sewer lines shall he installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the suhdivision development. 24. As conditioned. RMC 4-7-200(8); An adequate drainage system shall he provided for the proper drainage olall surface water. Cross drains shall be provided to accommodate all natural waterflow and shall be ol sufficient length to permit full-width roadway and required slopes. The drainage system shall he designed per the requirements of RMC 4-6-030, Drainage (Surlace Water) Standards. The drainage .Iystem shall include detention capacity for the new street areas. Residential plats shall also include detention capacityforfuture development of the lots. Water qualityfeatures shall also be designed to 9 provide capacity/or the new street paving for the plat. 10 25. The proposal provides for adequate drainage that is in confonnance with applicable City drainage standards as detennined in Finding of Fact No. 4c. The City's stonnwater standards, which are II 12 13 14 15 16 17 18 19 20 incorporated into the TIR report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C); The water distrihution system including the locations olfire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 26. As noted in the staff report, this will be addressed during civil plan review. RMC 4-7-200(D); All utilities designed to serve the suhdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting ol trees. Those utilities to be located beneath paved surlaces shall he installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation ol utilities as specified by the Department. 21 27. As conditioned. 22 23 24 25 26 RMC 4-7-200(E); Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to ohviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therelore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to PRELIMINARY PLAT -13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certifY to the City that it is properly installed. 28. As conditioned. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City a/Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City sun'eying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 29. As conditioned. DECISION The proposed preliminary plat as depicted in Ex. 163 and described in this decision is approved, subject to the following conditions: 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non-Significance for the proposal. 2. All proposed street names shall be approved by the City. 3. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 26 3 With the area of Lot 17 revised to 4,500 square feet as outlined in Ex. 17. PRELIMINARY PLAT -14 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and celtify to the City that it is properly installed. 7. The applicant shall install all street name signs necessary in the subdivision prior to tlnal plat approval. 8. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences prior to Final Plat recording. 9. The applicant shall be required to submit a revised landscape plan, depicting a lO-foot wide on-site landscape strip for all lots. The final detailed landscape shall be submitted to and approved by the Current Planning Project Manager prior to Final Plat recording. 10. The applicant shall comply with the City's tree retention requirements, as applied in Ex. II. DATED this 22nd day of January, 2014. ~~ City of Renton Hearing Examiner PRELIMINARY PLAT -15 2 3 4 5 6 7 Appeal Right and Valuation Notices RMC 4-8-11 0(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-11O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11O(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office. Renton City Hall -7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes 8 notwithstanding any program of revaluation. 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLAT -16 --'\.-- . . u. C'O ...... (l) o "'0 o o £ '-o £ .~ (l) Z en ~ o "'0 C'O (l) ~ C'O en o 0:: ZONING MAP lOOK I S H4 5329 PWTlCHNICAlSERV,as 14 -32 T23N RSE W 112 ~~.~."-IIJI 1t!fI_, ......... ..-..._ "'I. ,,-___ 0001'_ .. ::.==:::-.=:::::;------~-,.~11J1;ie [] -kd800 1: .. 29 T23N R5E W 1/2 DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 180.562 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" 31,916 square feet Private access easements" 3,661 square feet Critical Areas' 0 square feet Total excluded area: 2. 35.577 square feet 3. Subtract line 2 from line 1 for net area: 3. 144,985 square feet 4. Divide line 3 by 43,560 for net acreage: 4. 3.33 acres 5. Number of dwelling units or lots planned: 5. 21 units/lots 6. Divide line 5 by line 4 for net density: 6. 6.31 '" dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. \\EsmS\engr\ESM-JOBS\1670\004\OI3\document\density.doc - 1 -03108 P.LANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone; 425-430-7200 Fax; 425-430-7231 The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON PROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part 0). For nonproject actions (actions Involving decisions on poliCies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or s~',',shouIG ~ read as "proposal," "proposer," and "affected geographic area," respectively. ':',' -1-AUll rf'zc', A. BACKGROUND 1. Name of proposed project, if applicable: Rosa Meadows Preliminary Plat 2. Name of applicant: Conner Homes Group, LLC 3. Address and phone number of applicant and contact person: Applicant: Rob Risinger, Conner Homes Group, LLC 846 108th Ave NE Ste 200 Bellevue WA 98004 (425) 646·4435 4. Date checklist prepared: October 29, 2013 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): It is anticipated that the project will take approximately 4 months to obtain approval for the preliminary plat. Upon approval, construction will begin in the summer of 2014 and be completed In a single phase. After final plat approval construction of homes will likely begin In 2015. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Geotechnical Engineering Report -Earth Solutions NW, LLC prepared September 10, 2013. Coal Mine Hazard Evaluation· Earth Solutions NW, LLC prepared September 24, 2013. Preliminary Storm Drainage Report· ESM Consulting Engineers prepared October 28,2013. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known at this time. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary Plat Approval, SEPA Approval, Clearing and Grading Permit, Site Development/Road and Storm Drainage Approval. Final Plat, Building Permits. -2-06109 \\Esm8\engr\ESM-J0BS\161O\OO4\013\document\envchlstdoc 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is to subdivide 4 parcels made up of 4.15 acres into 21 lots for single family homes. The site is located in the City of Renton at 2724 Benson Rd Sand 16424 Benson Rd S. The propeny is zoned R-4 and currently has 2 existing homes. Both ofthe existing homes and all other structures will be removed as part of this proposal. The minimum average lot size proposed will be approximately 4,500 SF. All utilities will be extended through the site to serve the homes. These include water, sewer, power, natural gas, and telephone. Access to the site will be provided via a new road connection extending S 28'" Street to the west connecting with Benson Rd S. The proposed right of way will be 53 feet wide and will be classified as a residential access. All stormwater will be collected and conveyed to a storm detention pond in the northwest corner of the property where it will be treated for water quality and released to match the existing drainage patterns. 12. location of the proposal. Give sufficient information for a person to understand the precise iocation of your proposed project, including a street address, if any, and section, township, and range if known. if a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The subject property Is located in the City of Renton In King County. It can be found in the NW" Section 29, Township 23 North, Range 5 East W.M. The site is on the east side of Benson Rd S approximately 250 feet north of the intersection with SE 166th Street. It has approximately 600 linear feet of frontage along Benson Rd S. Please refer to the Assessors Map, Site Plans, and ViCinity Map on the site plans. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one)~ hilly, steep slopes, mountainous, other . The site slopes gently to the south and west with some undulations. Please see the existing conditions drawing submitted with the preliminary plat. b. What is the steepest slope on the site (approximate percent slope?) The steepest slope of the property is approximately 5-8%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The USDA Natural Resources Conservation Service geologic map of the area Identifies the 5011 type as Alderwood Gravelly Sandy loam 6-15% slopes (Age) throughout the site and surrounding area. Based on the results of the subsurface investigation, the native solis observed at the test pit locations are generally consistent. ·3· 06/09 \\Esm8\enOr\ESM-JOBS\161O\OO4\013\document\envChISldoc d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no surface indications or history of unstable 50115 on or in the immediate vicinity of the project. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source offill. The purpose of proposed grading/filling will be to accommodate the home pads and access road. Final filling or grading quantities will be prepared as part of the clearing and grading permit. However, it is anticipated that filling/grading will be approximately as follows: Stripping = 3,290 CY, Cut = 6,410 CV, Fill = 6,970 CY. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur on-site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Renton will be employed during construction to reduce erosion impacts. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The site will not exceed the maximum Impervious surface coverage as allowed by the Renton Municipal Code. The final impervious surface area proposed will be determined during final engineering. Currently It is estimated that approximately 75% of the site will be covered In Impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, the contractor will follow an approved temporary erosion and sedimentation control plan meeting City of Renton standards. Typical measures, which may be employed, include the use of silt fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities If known. Some heavy machinery exhaust and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and will occur during the actual construction of the development. After construction any emissions would be that of a typical residential development. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None known. ·4· 06/09 \\Esm8\engr\ESM-J06S\167O\OO4\o13\document\envehlst.doc c. Proposed measures to reduce or control emissions or other impacts to air, if any: All construction equipment will be in proper working order and regulated for emissions by the manufacturer and local emission laws. Vehicles entering and leaving the site will also be regulated for emissions by state and local emission laws. During construction the site will be watered as necessary to keep any dust from impacting surrounding air quality. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No surface water bodies are on or In the immediate vicinity of the project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source offill material. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No the proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn nor will water be discharged to ground water. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, ·6-06109 \\E&m8\engr\ESM..JOBS\ 1670\004\D13\document\envchlsldoc. containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. No on-site septic or treatment Is proposed. c. Water Runoff (Including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. On-site stormwater runoff will primarily be generated from rooftops, driveways, and the proposed road. Stormwater will be collected, routed through required storm water quality treatment facilities and discharged to an existing conveyance system to the west. The proposal includes the use of a large water quality and detention pond where the water will be treated, detained, and released at pre-developed rates. Please see the Preliminary utility Plan and Downstream Analysis. 2) Could waste material enter ground or surface waters? If so, generally describe. No waste materials are anticipated to enter ground or surface waters. The proposed site stormwater drainage design will ensure that all water pollution generating Impervious surfaces will be treated In water quality facilities prior to Its release. Best Management Practices will be used throughout the construction of the proposal to ensure protection of ground water quality. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any; The storm water runoff will be collected and conveyed to the existing detention pond in conformance with the City of Renton standards. Please see the Preliminary Storm Drainage Report and Preliminary Utility Plan prepared by ESM Consulting Engineers. 4. PLANTS a. Check or circle types of vegetation found on the site; _X_ deciduous tree; alder, maple, aspen, other _X_ evergreen tree; fir, cedar, pine, other _X_ shrubs _X_ grass __ pasture __ crop or grain __ wet soli plants; cattail, buttercup, bullrush, skunk cabbage, other __ water plants; water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? A majority of the site will be cleared of vegetation for the construction of the access road and building pads. A Preliminary Tree Protection and Replacement Plan has been prepared by ESM Consulting Engineers to address this issue. There are 54 mixed variety trees on the site. Of those trees 7 are proposed to be retained and 60 new - 6 -06/09 \'Esm8\engr\ESU-JOBS\1S7D\004\013\document\envchlst.doc trees will be planted along the streets and around the storm pond. All trees that are going to be retained will be fenced and signed "to be retained" during the construction process. c. List threatened or endangered species known to be on or near the site. None present. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Street trees will be planted at regular Intervals along the proposed road within the plat and along the frontage. Additional trees may be provided on individual lots as necessary. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle,<€ngbir~other _______ _ Mammals: deer, bear, elk, beaver, other ;---:-;-_______ _ Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain This entire region Is known to be part of the Pacific Flyway. The Pacific Flyway includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast regions of canada, the United States and Mexico, south to where it becomes blended with other flyways in Central and South America. However, the site Is not known to be used by migratory fowl. d. Proposed measures to preserve or enhance wildlife, if any: Installation of native landscaping will provide coverage and habitat for urban tolerant wildlife. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with the residential development. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. ·7· 06109 \\Esrn8\engrlESM-JOBS\1670\004\013\c1ocumentlenvchlsldoc c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy Impacts, If any: The homes that will be constructed as a result of this project will meet or exceed the applicable energy conservation consumption requirements of the City of Renton and the Uniform Building Code in effect at the time of construction. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water is minimized. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The primary noise source near the project site Is from vehicular traffic on Benson Rd S. The traffic noise along this roadway is not project related or generated, and Is not anticipated to greatly affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short·term or a long·term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short·term Impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and always In compliance with the City of Renton noise regulations. Long-term Impacts would be those associated with the increase In vehicular traffic from future home owners and typical residential noise. 3) Proposed measures to reduce or control noise Impacts, if any: Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to Idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? ·8- \\Esm8\engr\ESM-JOBS\1670\o04\o13\document\anvchlst,doc 06109 The current uses of the site and adjacent properties are as follows: SITE: 2 Single Family Homes NORTH: Single Family Residential SOUTH: Single Family Residential, Benson Rd S. EAST: Single Family Residential WEST: Single Family Residential, Benson Rd S. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. On parcel 008700-0080 there is a single family home that was built In 1962. It is an average quality home and is approximately 2,720 SF. There is also a small shed associated with this home. On parcel 008700-0075 there is a single family home that was built in 1958. It Is an average quality home and is approximately 2,450 SF. There are no accessory structures related to this home. d. Will any structures be demolished? If so, what? All structures will be removed. e. What is the current zoning classification of the site? R-8 (Residential Single-Family) f. What is the current comprehensive plan designation of the site? Residential Single-Family g. If applicable, what is the current shoreline master program designation of the site? Not Applicable. h. Has any part of the site been claSSified as an "environmentally sensitive" area? If so, specify. No part of the site has been classified as "environmentally sensitive". i. Approximately how many people would reside or work in the completed project? Using the multiplier of 2.54 people per dwelling unit; approximately 53 people with reside in this plat upon completion. j. Approximately how many people would the completed project displace? It Is estimated that approximately 5 people will be displaced. k. Proposed measures to avoid or reduce displacement impacts, if any: -9-06109 IIEsm6lengnESM-JOBSlI6701OO410131dacu_lst.doc None proposed. The owners of the homes will be selling their property and will move of their own free will. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be developed in accordance with applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the Preliminary Plat application. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 21 new units will be provided and they will be of mid to high income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. 2 middle income homes will be eliminated. c. Proposed measures to reduce or control housing impacts, If any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The maximum building height will be 30' as prescribed in the Renton Municipal Code. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, ifany: A full landscape pian has been submitted with this proposal. The landscape proposed should help to mitigate visual impacts. All homes will be subject to City of Renton Design Standards for aesthetic appeal. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Ught and glare produced from this project will be typical of a residential development in an urban environment. Light and glare from the site would primarily consist of street lighting, security lighting for each home, and vehicle headlights entering and leaving the property. ·10· 06/09 \\Esm8\engr\ESM"JOBSA1 B70\004\013\document\envchlst doc b. Could light or glare from the finished project be a safety hazard or Interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Providing the required setbacks of the proposed homes from the property lines and installation of landscaping will help to alleviate some of the light and glare created by the new development from the adjacent properties and roadways. The proposed project and subsequent lighting is consistent with the land use regulations and compatible to the existing adjacent land uses. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? There are no designated or informal recreation opportunities on the site but here are several parks In the relatively near vicinity. Namely Thomas Teasdale Park Is to the northwest approximately 1 mile. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed. The size and scope of this project are very limited and will not require on-site recreation space be provided. Parks and services In the near vicinity will provide recreation opportunities as necessary for the new residents. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. c. Proposed measures to reduce or control impacts, if any: None proposed. 14. TRANSPORTATION -11-06109 \\Esm8\engI\ESM..JOBs\1670\004\o13\doeument\envchlstdoc a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. i~: ::~i;~:.,d ;~:~ ~~. s~~:s~~~:I:I~:~la~~~ra~~~:ft:~om Benson Rd 5 and connect to b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No the site is not served by public transit. c. How many parking spaces would the completed project have? How many would the project eliminate? The new project will provide a minimum of 2 parking spaces per unit and will be eliminating approximately 4 spaces. Total net parking to be added is approximately 38 spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not Including driveways? If so, generally describe (indicate whether public or private? The proposal Includes the construction of a new road to serve this plat. The new rlght- of-way will be 53 feet wide. The roag enters eastward onto the sight from Benson Rd 5 and connects to the east with 528 St. Please see the Preliminary Road and Utility Plan. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. It Is anticipated that when the project is completed there will be approximately 210 ADTs. As there are 2 existing homes already on the property then the total net Increase will be 190 ADT. g. Proposed measures to reduce or control transportation Impacts, if any: No special measures are proposed. The applicant will pay all traffic Impact fees as required by the City of Renton at the time of building permit. 15. PUBLIC SERVICES a. Would the project result in an Increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The plat would result in an Increased need for public services to Include fire protection, police protection, health care, and schools. The additional need would be commensurate with the addition of 19 homes to the service areas for the listed services. -12· 06/09 \\Esm8\engr\ESM-JOBS\1670\D04VJ13\doc:ument\envchlstdoc b. Proposed measures to reduce or control direct impacts on public services, if any. This increase in demand will be offset by fees, levies, and taxes required to be paid by the applicant as part of this development and future home owners. Also the proposal has been designed in a manner that will provide adequate access for fire, medic, and police vehicles. 16. UTILITIES a. Circle utilities currently available at the site: ~ctrici~tural g~~!D @use servJ~Itary se~ septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Sewer: City of Renton Water: 5005 Creek Water and Sewer District Power: Puget Sound Energy Gas: Puget Sound Energy Telephone: Century link Fire: City of Renton School: Renton School District #403 Sewer and water will be extended through the site to serve the lots. Construction will be coordinated with the City of Renton and Soos Creek Water and Sewer District. Natural Gas and Electricity will be extended by Puget Sound Energy and they typically manage their own construction projects. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might Issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: #------- Name Printed: _l5_"';,.;.,,'-"''-.!.M'''A'''NJJ=-________ _ Date: /0-2<j -n -13-06109 \\Esn8'engrlESu.JOBS\1670'<J04"'3Idocumentlenvd1lsl.doc PLAT NAME RESERVATION CERTIFICATE TO: ALISON CONNER 846 -108TH AVE. NE; #200 BELLEVUE, WA 98004 PLAT RESERVATION EFFECTIVE DATE: August 5, 2014 The plat name, LAROSA has been reserved for future use by GREENLEAF -LAROSA LLC. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire August 5, 2015, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted. Deputy Auditor LerOY Chadwick ;\U[, ~ i SUBDIVISION Guarantee/Certificate Number: Issued By: @ CHICAGO TITLE INSURANCE COMPANY 0018349-06 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Conner Homes Group, LLC herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago Title Insurance Company By: Attest: President AU(; 2 i 20: Printed: 06.27.14@ 10:00AM WA-CT-FNSE-02150.622476-SPS-1-14-0018349-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0018349-06 Liability $1,000.00 Effective Date: June 23, 2014 at 08:00AM ISSUING OFFICE: Title Officer: Commercial I Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitieUnit6@ctt.com SCHEDULE A Premium $350.00 The assurances referred to on the face page are: Tax $33,25 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A·' ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Greenleaf-Larosa LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Printed: 06.27.14@10:00AM WA-CT-FNSE-02150.622476-SPS-1-14-001B349-06 Parcel A: EXHIBIT "A" Legal Description Lot 7, Block 1, Aker's Farms No.5, according to the plat thereof, recorded in Volume 40 of Plats, Page 27, in King County, Washington. Parcel B: Lot 8, Block 1, Aker's Farms No.5, according to the plat thereof, recorded in Volume 40 of Plats, Page 27, in King County, Washington. Parcel C: Lot 9, Block 1, Aker's Farms No.5, according to the plat thereof, recorded in Volume 40 of Plats, Page 27, in King County, Washington; Except that portion described as follows: Commencing at the Northeast corner of said Lot 9; Thence South 88'16'39" West, along the Northerly line of said lot, 135.17 feet, to the True Point of Beginning; Thence continuing South 88'16'39" West, along said Northerly line, 80.00 feet; Thence South 1'43'21" East 95 feet; Thence North 88'16'39" East 80.00 feet; Thence North 1 '43'21" West 95 feet to the True Point of Beginning. Parcel D: That portion of Lot 9, Block 1, Aker's Farms No.5, according to the plat thereof, recorded in Volume 40 of Plats, Page 27, in King County, Washington, described as follows: Commencing at the Northeast corner of said Lot 9; Thence South 88'16'39" West, along the Northerly line of said lot, 135.17 feet, to the True Point of Beginning; Thence continuing South 88'16'39" West, along said Northerly line, 80.00 feet; Thence South 1 '43'21" East 95 feet; Thence North 88'16'39" East 80.00 feet; Thence North 1'43'21" West 95 feet to the True Point of Beginning. Subdivision Guarantee/Certificate Page 3 Printed: 06.27.14@ 10:00AM W A-CT -FNSE-Q2150.6224 76-$ PS-1-14-0018349-Q6 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0018349-06 SCHEDULE B GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Subdivision Guarantee/Certificate Page 4 Printed: 06.27.14@ 10:00AM W A·CT ·FNSE-02150 .6224 76-SPS-1-14-OO18349-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0018349-06 SCHEDULE B (continued) SPECIAL EXCEPTIONS 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: City of Renton, a municipal corporation Public utilities (including water and sewer) with necessary appurtenances March 1, 1977 7703010785 The North 5 feet of Parcel B 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: City of Renton, a municipal corporation Public utilities (including water and sewer) with necessary appurtenances March 1, 1977 7703010786 The South 5 feet of Parcel C 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Energy, Inc. Utility systems for transmission, distribution. and sale of gas and electricity June 19, 2014 20140619000985 As constructed 4. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is penmitted by applicable law, as set forth on the plat of Ake(s Farms No.5, recorded in Volume 40 of Plats, Page 27, under recording Number 3436169, as follows: Dedication: The right to make all necessary slopes for cuts and fills upon the lots, blocks, tracts, or parcels of land shown on this plat, in the original reasonable grading of all the streets and avenues shown hereon. Restrictions: All lots in this plat are restricted to S-1, (suburban use), except lots 1 to 4, block 2, lots 3 to 10, block 3, lots 3 & 4, block A, lot 1, block B & lots 4 & 5, block 1, which are restricted to R-1 (Residence) use. No lot or portion of a lot shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any porion of this plat shall be less than 35,000 sq. ft. for S-1 use, nor less than 6,000 sq. ft. and 50 ft. in width for R-1 use, and subject further to the provisions of King County Res. No. 6494 and subsequent amendments thereto. 5. Terms and conditions of Notice of Charges by water, sewer, and/or storm and surface water utilities, recorded under recording no. 20001114000732. Subdivision Guarantee/CertifICate Page 5 Prinled: 06.27.14@10:00AM WA·CT -FNSE-02150.622476-SPS-1-14-0018349-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( continued) GUARANTEE/CERTIFICATE NO. 0018349·06 6. General and special taxes and charges. first half have been paid and second half payable but not due or delinquent until November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 008700-0070-01 Levy Code: 2132 Assessed Value-Land: $170.000.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: $2,429.56 Paid: $1.214.78 Unpaid: $1.214.78 Affects: Parcel A 7. General and special taxes and charges. first half have been paid and second half payable but not due or delinquent until November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 008700-0075-06 Levy Code: 2132 Assessed Value-Land: $190,000.00 Assessed Value-Improvements: $100,000.00 General and Special Taxes: Affects: Parcel B Billed: Paid: Unpaid: $4,140.08 $2.070.04 $2,070.04 8. General and special taxes and charges, first half have been paid and second half payable but not due or delinquent until November 1 of Ihe lax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 008700-0080-09 Levy Code: 2132 Assessed Value-Land: $210,000.00 Assessed Value-Improvements: $54,000.00 General and Special Taxes: Billed: $3,769.72 Paid: $1,884.86 Unpaid: $1,884.86 Affects: Parcel C Subdivision Guarantee/Certificate Page 6 Printed: 06.27.14@ 10:00AM WA-CT -FNSE-02150.622476-SPS-1-1~18349-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0018349-06 SCHEDULE B (continued) 9. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 008700-0081-08 Levy Code: 2132 Assessed Value-Land: $71,000.00 Assessed Value-Improvements: $0.00 General and Special Taxes: Billed: Paid: Unpaid: Affects; Parcel D $1,018,61 $509.31 $509.30 10. A deed of trust and assignment of rents and/or leases to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Recording Date: Recording No,: $5,950,090,00 June 4, 2014 Greenleaf-Larosa, LLC Chicago Title Insurance Company Umpqua Bank June 23, 2014 20140623000705 11, Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the sellerlborrower must notify the Company andlor the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Note B: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lots 7, 8 & 9, Block 1, Aker's Farms No, 5, vol 40 of plats, pg 27 Tax Account Nos.: 008700-0070-01, 008700-0075-06, 008700-0080-09 and 008700-0081-08 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land, No liability is assumed by reason of reliance thereon. END OF NOTES Subdivision Guarantee/Certificate Printed: 06.27.14@ 10:00AM WA-CT -FNSE-02150.622476-SPS-1-14-0018349-06 Page 7 CHICAGO TITLE INSURANCE COMPANY SubdivisiOn Guarantee/Certificate SCHEDULE B ( continued) GUARANTEE/CERTIFICATE NO. 0018349-06 END OF SCHEDULE B PageS Printed: 06.27.14@10:00AM WA-CT-FNSE-02150.622476-SPS-1-14-0018349-06 AKER'S FARMS NO·5 IN THE N E1I4 Of THE SW.I/4 AND THE S.EA'DF THE N. W. V4, SEC. 29,T nN R.5 LW M .... "'.''-T'n.r~", <. "'>"..~. -p. .. ,.~ % l'II .. t"C;I~"~Y""~TTttfWIT"IN PUOTDf ___ _ IS DUH .. ~PIlO\r'D8rTHr.MI .. GCOUN~Y PL",. ... 1010 r:ot.ooo,,..- lON'OIIS_.i"p"1." O"YOf..ll.IUi .... D.IM4. ..IlT.:Ml.!'!.BJJ.tL ~~~w B?M.# ... !1}t~~~ SCALE 200FEET 'TO [ INCH ROY J. STOREY CIVIL Et.lGINEE~ DESCRI Pi ION "TH'~P""TQP "~l"'$ 'U .. , .. O J <:-Owl" ...... P IWCLUDUAU. 01" TlIl NOfl.b<£MT QU ..... ,," Of''TME .sOUTHWUT ",,"A'TI" D~"~C.T'oo.t ~Towtf.!"" 2l_TH, ......... f ~u.sT.W· ... ·, t.n:rPT THt RN,fON c.cu"n ~OAt,_"L..I,.orTHE 'OUTHIMT Q ..... ffTU orlHf NOIfTH¥VC3TQLI."HAQF5otIO.!I(K:TIDNU. TWf' ~l","H,W 101_, ElIC[" "OOlT..,.. .QIO .... e IIt1'UtIN <:<IUNTY ........ , .... 0 E>r~EP1' T>lAT --,,""1 LYltj,OWUTOO'HMlOrl "0"0 ""0 '''~''T1<o~ .. u .. t _ .. ,tH.EOIN5ON'HEWUTU": OIS .. 'O ..... _ DIVIS'ON I.oon lIOIJT><o.rHli "(IO.THwurC",,,.utT .. ,AroI',,,,"OIltJNS UoST,ATIU';;IITA""'-ISTO "'D""UTL'N', u:rr 2 •• UX ... 1.ISIlUI.1NtD fOil IoCCUJlTO '''O~OSEO UlTI .. N.t.U4DFUC;.n_n_1 DED!CP,"T ION ~i ... ..u>tRsl"~tO ..... ~v!, ~. ,,"111...,..1> a.~'"1 ND .. c .. n¥PL"""IT1ID.M[JII"'CIC;LA .. n.15Pc~T, ANDAVINI,fU,I+Q .. NHlI'tI!OH.ANO IMT~1H( USETIC ... Dr ~O .. P ... BLIC ~LOPU rO~C;U15 O~"LU "'PON lNl PL"",INTHIO~IGIN"'LRt-"ilO~IL[ ' .... OI ..... or"'-LTHI"..REUS ... O ..... ENUISeHOWN .. E"EON ~~:',!~:H_lfIID' .. c .... V[ H["[UNT11X", DU~ HANDS .... O~.UTl<I.J..!! DAY Of'"_"l9'L. ~WNiHlhKjmI\lOf"T"'CPM'" ~R~,!~I'..E.a __ g,o..!.2£~~S __ ~:,,~"~!I ACKNOWLEDGMEN"T ::::;;'O~',:~~'1 •.• ~~~~~~~~~~~~~;!~~~~~::~ ACKN~LE DGEMENT ~ 34~6!69 2:~:~~:.::M:~::~:;-~,::.:.:~"E;;.;:;:,:r~:;"· 'iicOR~OIFKI .. GCQUN7Y,WI\llHI .... ~----- ""~*~~~VOI""" - R:lBERT .... MOFlRI.$ --;r;"H7OW.v::i1ii7m-- ! J t f ,~ ;; ~ ~ If) CD r- f ~ ! 0 C") ~ g f r- UH.!LUil THIS INSTRUIEHT, made ttds __ day of ___________ 19 __ , ~:. 5) Gr;< ~ :: ________ _ S2£;tuu{;~ _ and _________ _ _____________________________ ao~ ___________________ __ hereinafter called "Grantor(s)", and the CITY Of RENTON, • ~',nicip.J Corporation of Kfng County, Washington, hereinafter called "Grantee". IIITNESSElM : That said Grantor!s), for and in consideration of the sum of $,====,=, paid by Grantee, and other valuable consideration, ."iio--.:b.v,.,..,tIl=e':;se""""pc::re"'s::ce"'n:"l:t~s-,-:g:-:rc::an"'tr', bargain, sel!. convey, and warrant unto the said Grantee, its successors and assigns. an easement for public utilities (including water and sewer) wi th necessary appurtenanc~s over, through, across and upon the following described prope:-ty in King County, Washington, more particularly *scribed as follows: Ifhe =mrth 5 teet of Lot 8, Blaclt 1,. Aker'. Pu::a Mo. 5, &II recoJ:deCI in ",,1 ... 40 of Plata, page 27, record. of Itln9 CoWlty. Wa.hington. 1" EXCISE j AX HOT REQUIRED t"'_· ...... lit £i 2<"'1"" Deputy Together with a temporary c;anstruction easement described IS: ~ _th 10 feet of tIM! J:IOl'tb 15 feet of .aid l.Ot 6. Said ten.,orary construction easellllOt shall remain in force during construction .. II w.tl1 such time as the utili tf es and appurtenances have been accepted for the aperatfon and maintenance by the Grantee but not later than ________ _ Said heretofo", mentioned grantee. its successors OJ" auf .. s. shall have tIM! right, without prior notice or proceeding at law, at such tfJJJ!S as may be necesury to enter upon said abo~ described property f~,-the purpose of con- structing, IIIiIlntalnlng, repafr1ng, altering Gr reconstructing sal d utili ty, or IIlldng any connections therewith. and such construction";" maintaining, repal ring, altering or \"llconstructfon of suer. utl1ity shall be aCCOIIIPllshed In such a manner that the private f..,rovements existing In the right right(s)-of-wl\Y shall not be dfsturbed or damaged, or In the event the) are dfsturbed.t)r dUliged, they will be replaced 111 8goc)(1 a cmelftlon as they were illlJl!eIf ately before the property was entere~ ~ by t~e Grantee. ThfiI . .6rIJl.t4r sball fully use. and enjoy the aforedescrlbed premises, Including the right to retain the right to use the surface of said right-of-way if such use does _not interfere with installation and maintenance of the ut111ty liM •. _ ...... the-' grantor shall not erect buildIngs or structures over, under or across the right-of-way during the existence of such-~ti11ty. This easement, shall be a covenant running with the 11:10 and shall be bind- ing on the Grantor. his successors, heirs and assigns. Grantors covenant that they are the lawful u..ners of the abOve properties and that they have a good and c;;;:;;/»eXS! 's agreement'and STATE OF I/ASHIHGT~ COtllTY OF ~IHG S5 and and and I. the undersi .. ed, a notary public in and for the State of Washington. hereby certify that on th Zlstday of October 197_6 __ personally appeared be II! and~~~~~~~~~~~ _____________________________ __ ::d;-O""'""""""""' .......... 'P"~04._-----; .... '" " .. and ; to lie known to be ind1vlduall5yi;si:"MDei 1n and Who executed the foregOIng lnstrulI1I!nt. and acknowledged tIi.'at .:-'tt' -, signed and sealed the same as their free and voluntary act ~d 'dee~ .. rtF thi!:_uses and purposes therein mentlone.c--~ '''-i ~. ~., -... - -. " .:.:~~kaR~\~;,f·-> WashIngton, restdln" at Se&ttl~ ___ ..;... \ , I I • ~ , ! ! I ~ • t ~ i ; , \ 'I 0 q 1."\ In "" t-o .,... OJ .,.... - o :- ;- N c> N o o ~- .F.:NTON • .wASH. Si:9.:.~- ""'\"'\"':~" ' .. ", .~" J! i I 1 f , I ! , , ~ f ..0 t c:o ~ r-- 0 ! g i ~ t r- ~ .aycne -2714 _ 114. S •. __ • "" 96055 nilS IIiSTRUi'E~T, made this __ day of __________ 19 __ , " and between _________ ...;and __ ~----_n----~._ ___ --_--~and-----------------------, ...... 8~4'!J1o";; ...... J! ..... L:~7f];"""-"'...y;u=-----Cand'-------- ______________________ ~and ___________________ , hereinafter called "Grantor(s)". and the CITY OF RENTIII. a lb1icipal Corporation of ling County, Washington. hereinafter called HGranto>e". WITNESSETH : That said Grantor(s), for and in consid!!ration of the SIIIl of $:=r=== _.--paid by Grantee. and other valuable consideration. ::IdD::--'6"'cy"'th"'e:::s"'e"';p::re=s"'e:::n:'-ts=-, grant. bargain. sell, convey. and warrant unto the sa1d &riiitee. its successors and assigns. an easement for public utilitfes (including wa1er and sewer) wi l.h necessary appurtenanc.!S over, through. across and 'JPOR the follOlfi ng des cribed property in Ki ng County. Washi ngton, more partfcul arly _eri bed as fo 11 OWl : TIHo _til 5 feet of Lot 9, BlD<:k 1. AkIl1". ran No.5 •• _~ in ~_ 40 of Platto. _ 27, reDDEdll of JC1nq County, Wuhin9t<m. Together with a temporary construction easell!nt described IS: The DI:/1't:h 10 "'t of tlw _til 15 tNt of .. 14 Lot: 9. Sa1d temporary construction easel1llnt shall remain 1n force ~ring construction IIId ",til such time as the utilities and appurtenances have been accepted for the .... rat~on and mai ntenance by the Grantee but not later than __ Said heretofore .. ntioned grantee, its SU(cessors 0.' lSsl!J1s. 5:,a11 have the right, without prior notice or proceeding ot law. It such tines as RI.Y be necessary to ente:r upon sai d above described property fflr the purpose of con- s.rutting. maintAining. repairing. altering or reconstructing said ~tility. or _king any connections therwith, and $uch coostructlon. melnt.lnlng. repairing, .ltering or recoostructfon of such utility shall be IctolllPlished In such a manner that the private I..,rovelllents existing In the right right(s)-of-wily shall not be di sturbed or dalliged, or in the event they are dfsturbed or damaged. they wi II ~ be replaced "'-. !JCR)d: a cOlfdftlon as they were IlTIII!diately before the property ~ was entere!l upI1ft by the Gran~. o ~ The Grantor shall fully use and enJoy the ilforeoescrl bed prem1 ses. Including the rlght to retain the right to use the surface of said right-of-way If sud!. use doles· not interfere wi th Installation and maln.tenanc:e of the utll ity 11ne •. .MawYer:. the grantor shaH not erect buildings or structures over, under or across the right-of-way during the e>.lstence of such utility. This easl!IIVO!nt. shall be a covenant running wi th the 1 and and shall be bind- ing on the Grantor, his successors, heirs and assigns, Grantors ~-ovenant that they are the 1 awful owners of the above properties and that they have a good and lawful right to execute this agreelll!nt. ,:4t&&--a~J J STATE OF WASHIHGTOII COlllTY OF KING and and and and SS I, the undersigned. a notary public in and for the State of Washington. hereby certify that on thls Zl8tdily of October 1976 personally appeared before Ilea> / 17 -:;-, - ::~ C4if;Hfo IY~ ::= to III! known to 6e 1ndlVidull1(;, d/iiCf"!6ed in and IdlO executed the fore901n9 instrulll!nt, and acknowledged that· sbe_ si9lled and sealed the SOIlI! as ~free and vol~hry act iI!lt';~lii 'fiir tIii!.uses ., , .... -""~,. _U_,. -'b,",~''i ~~;i;f Notary ii6 c n and for Wta of .• - Washington, residing at ··Seanle .. o N o o fiLED for INord at ,... -. ~a.i?J!d OFFICE OF THE CITY CLERIC .... MfNV'S ,,'m'S!.'! pIIiMl »0 MILL AVE. SOIlTH SImes W"" _ , if r- !.'- e::.: "" .;r ... ~ :,,~, '.' 'U c< ~ '" ... 0 '" '" u .... or ,I,; t j t 20140619000985.001 1111111 20 PUGET SOUND EN EAS 75.0' PAGE-eel OF 004 RETURN ADDRESS: 06/19/2014 13:06 KING COUNTY, UA Puget Sound Energy,lnc. Attn: ROW Departmenl (AEM) PO Box 970341 EST ~6W Bellevue, WA 98009-9734 ~.: Amber Lee + PUGET SOUND ENERGY EASEMENT ORIGINAL REFERENCE #: GRANTOR (Owner): GREENLEAF.LAROSA, LLC., a Washington limited liability company GRANTEE (PSE): PUGET SOUND ENERGY,INC. SHORT LEGAL: Portion of Lots 7·9, Blk 1, Aller's Fanns No.5, Vol. 40, pg. 27, K.C. ASSESSOR'S PROPERTY TAX PARCEL: OOB700~070, DOB700~075, 008700~080, & 008700~081 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GREENLEAF-LAROSA, LLC., a Washington limited liability company ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a WaShington corporalion rpSE' herein), for Ihe purposes described below, a nonexclusive perpelual easement over, under, along across and through Ihe following described real prope~y (the "Property" herein) in King County, WaShington: SEE EXHIBIT "A" ATIACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shatl be exercised upon that pOllion of !he Property iEasement Area" herein) described as follows: An Easement Area Ten (10) feel in width having Five (5) feet of such width on each side of a cente~ine described asfoHows: THE CENTERLINE OF GRANTEE'S FACIUTIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED, l Y'NG WITHIN THE ABOVE DESCRIBED REAL PROPERTY. 1. Purpose. PSE shall have ,he righl to use the Easement Area to construct, operate, maintain, repair. replace, improve, remove, upgrade and .... end one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for eleclricity; pipes, pipefines, mains, laterals, condu~s, regulators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facilities for communications; semi·buried or ground·mounted facil~ies and pads, manholes, meters, fixtures, anachments and any and all other facitities or appooenances necessary or convenient 10 any or all of the foregoing. UG Gas & Electric Easement 2013 WOIIl07046760 It0507544() I RW-088589 I Larosa Page t 014 '. 20140619000985.002 Following the initial construction of all or a portion of its syslems, PSE may, from lime 10 lime, construe! such additional facilnies as n may require for such systems, PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise ~s rights granted in this easement, 2, Easement Area Ctearlng and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3, Trees Outside Easement Are.. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems, PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Proper1\' by PSE. 4, Restoration, Fotlowing initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the 'Proper1\' affected by PSE's work to the condnion existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration, All restoration which is the responsibility 01 PSE shall be performed .s soon as reasonably possible after the completion of PSE's work and shall be coordinated wilh Owner so as to cause the minimum amount of disruption to Owne(s use of the Proper1\'. 5, Owne(s Use of Easement Area, Owner reserves the right 10 use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shan not excavate within or otherwise change the grade of Ihe Easement Area or conslrucl or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's faci~ties withOut PSE's prior written consent. 6, Indemnity, PSE agrees to indemnify Owner from and against liabitily incurred by Owner as a result of the negfigence of PSE or ns contracta", in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or Ihe negligence of othe"" 7, Tennination, The rights herein granted shall continue until such time as PSE tenninates such right by written instrument. If terminated, any improvements remaining in the Easement Area shaH become the proper1\' of Owner, No tennination shan be deemed to have occurred by PSE's failure to instal Hs systems on the Easement Area. 8, Successors and Assigns, PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Wrthout limiting the generality of the foregoing, the rights and obigations of Ihe parties shall be binding upon their respective successors and assigns, UG Ga. $. Electric Easement 2013 WOIl07048760 1105075440 1 RW.(l88589I Larosa Page 2 of 4 " DATED this -.lL day Of---"J"'W\.L""-'!!o<.... ______ ~, 20-J#-. OWNER: GREENLEAF·LAROSA, LLC" a Washington limited liability company BY~~ ItS:~ STATE OF WASHiNGTON ) ) SS COUNTY OF I':'~b ) 20140619000985003 On this---.!.L day of j Vile ,20~, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cheri", f 4",net" ,to me known to be the person(s) who signed as m.. •• , l.... , of GREENlEAF.LAROSA, llC., the limrted liability company that exec:uted the within and foregoing instrument, and acknowledged said instrument to be ~ free and voluntary act and deed and the free and voluntary act and deed of said tim~ed liability company for the uses and purposes therein mentioned; and on oath stated that ~ was authorized to exec:ute the said instrument on behalf of said tim~ed liabitity company. iN WITNESS WHEREOF I have hereunto set my hand and official seat the day and year first above written. ,,"'''''\\''11, ~ ~~"J, t~"'" '-_____ ,::;r~ ~" ~ f ~I?':!":~"'~ %. (""S"""ur=e .... of-:7No;::;ta-ry-;-) --------:; if .0'''+... ~ \ / ; \ -h ~ .Pt, mC-I" '"' u,LUlW""" ~ ~ "(I C. 1 ~ = (Pnnt or stamp name 01 Notary) \ 'Y,.~,,;~~~~ j ~/1i "-"-0 111t~ G ~ "'" '/> WAS""~ ... ~ 1111\\\\\\"" ... UG Ga. & Eledric Easement 2013 NOT MY PUBUC in IIIId for the State of Washington, residing at $a%. .vA My Appointment Expires: _.L:;e-;J.'.,..02 .... I ... U"""1 4'--___ _ WOfI.l07D48760 1105075440 1 RW·088589 1 Larosa Page 3 of4 .,'" " EXHIBIT "A" Parcel A: Lot 7, Block 1, Ake~s Fanns No.5, acconllng to the plat thereof, reconIed In Volume 40 of Plats, page 27, in King County, Waahington. Parcel B: Lot 8, Block 1, Akra Finns No.5, according to the plat thereof, recorded In Volume 40 of Plats, page 27, in King County, Waahington. ParcelC: Lot 9, Block 1, Ake~8 Fanns No.5, according to the plat thereof, recorded In Volume 40 of Plats, page 27, in King County, Washington; Except that portion described as follows: Beginning at the Northeast comer of said Lot 9; Thence South 88'16'39" W .. ~ along the Northerfy line of said lo~ a distance of 135.17 feet to the true point of beginning; Thence continuing South 88'16'39" We.~ along said Northerfy line of said lo~ a distance of SO.OO feet; 'Thence South 1"43"21" Ea.~ a distance of 95 feet; Thence North 889.6'39" Eas~ a distance of 80.00 feet; Thence North 1"43'21" Wes~ a distance of 95 feet 10 the true point of beginning. Parcel D: Thai portion of Lot 9, Block 1, Ake~s Fanns No.5, according to the plat thereof recorded in Volume 40 of plats, page 27, in King County, Washington, described as follows: Beginning at the Northeast comer of said Lot 9; Thence South 88'16'39" Wes~ along the Northerly line of said I~ a distance of 135.17 feet to the true point of beginning; Thence continuing South 88"16'39" West, along said Northerfy line of said lo~ a distance of SO.OO feet; Thence South 1'43'21" Eaa!, a distance of 95 feet; Thence North 88"16'39" Ea~ a distance of 80.00 feet; Thence North 1'43'21" W~. distance of 95 feet to the true point of beginning. UG Gas & Electric Easement 2013 WO# 10704876011050754-401 RW·088589ILarosa Page4of4 20140619000985.004 AKER'S FARMS NO.5 IN THE N E V4 or THE SW.1/4 AND THE S.~OF THE N W 114, SEC. 29."[?3N R 5 E.w M : OC TOBER, 1944 I Hl;UIYGf~ll~Y~H"TTt<~"'THI~ PI.ATOF ___ _ " DULY "~P-':O IrI' TI<£ KING .:.luNn P~"YlNloa COIo.Oo,j,,.... '''''THI5.AP..1!'D.OTO~~'''.D''I<W '3 , , " ~I SCALE 200FEET"T0 I INCH ROY J. STOREY CIVIl,. ENGINEER DESCR~P"ION ""'SPI."OiTO~ ""'[A''! ""'R ... S ~O.~ COH1U .... 0 ,NCUJOUA1.i. O' rut NO"'T~!MT <¥J .... TU. OF '!WE 80~THWElST Q!JMTER O'~EGT'Of.I HTOWOlSIO'P nN.?flTH,R"'(,;f tlEM1.W· .. ·, !XCHT T'lt H"'ON .::,ov~lV RO'O'C ..... O .. L.l.O" .... "QUTHE4ST O ..... .".[~O""THINOOI:'T .. wt.<TGLI .... HRQF,..O_TrONVI. TwP U ... RH,"' .... n<;[H .... I<TION F""THf .ENlIO .. ",,,, .. TlAO"" . ..,N!> t"(q"""""'_TJON ~V".G WUT 0 __ 01'0 ~AD .... " .. QflTHor .. uNI ..... 'CH ..... "'&ON TI4[WI,"L''''' ".UIl' ~U._ DI~I5tOH 2.eorf. SDlJ1l< OfT"" NOII.TIIWESrC.OI"'I£A1HEAEOF.NtD RUNS u.5T.A"""HT ANC.LHTD DEDICAT ION MNOWALL .. EN 11'1' n.Ut .. IrIf.S(Nl$l .... ' WE.THE U>ID~IUICOH£D. M~AV~' ~ .. ~u .... o-~l"""l .... c .... " WIFl:. IN ~UIIUPLl 01' TIlE LAND HCACB~ P, .... :TTE D. I<[lilt .. D[~L~"" ntl! ~U<I A"CCtC1CAft ["ALL""AtETS~"O ~V[NUU ~i'IO"'N HEflEON.~..o ntE """"'CIIOlF IIOT ... CC .. S1S1r: .... ,.,THnt!u!IIT .. Ur:0I'~cn .. ""uc ~~;';~!~~l THO S1A[n~ ~t<!~,:~~'C~~ .. ~::~LA't..JO~:.~E ~ .. c .. ,,;;!aa"'H(IIW" "'E """'t H[ .. tUNTO S.., OU" H""'" .... DHAU T!lIS_<!.!!'t' DAY CI'_tWL NADONAI eA.NK Of WASHINGTON OrTACQMA ...!:iAA~~KL.B.. __ CLAIRE AKERS -----_ .. =1"L"8 ACKNOWLEDGMEN"T , . ~ , 34~6169 ~£~~?~J%~ffii~4u1:~~:~~;t!;m~r~1~:~~if~E'~~~OA ""TN[ ........ H~"O """oonIC'"'' !["lTKE O ..... FOIU7 I>8OVEWllrT7EN· ~~:V"::~~~~~mTlo;oi.OiN- ACKNCMlLE DGEMEN'T "'1.1 1aTOCI[~7'FYTII"'ToNTI·"5 21ST OAycF NOVEUIIE~ .... c.' ... 4.BEFO~ ... E.THL'-""DEII.!1GNED. ~~~~~~,~~~~~~~~~t;~~tt~f:~~}~~§~;: '''W'TN~! """''''£Of' % ..... ~E H[R[UNT01OU'" "" .. 0 ..... D ... FF'~[O lAy 0."""'"'' ~NcnA'" "~I'T"""~[ ""',ONIO 'ftf::r:::/1,!;:lj}:iii~ 0, 'mN- R[S'TRIC"TIONS ALLLOT.fINTHI5PLATAII[R~'TIUCTfDTl)""I.("UBUIlaA)j U~[)· UCEI'TLO'T;S 170.4,1 • .2 UlT8111l'C, I .... L .... L".J.LCTII ~ .. 4.1.l~.~.LD".K".B ... LCTJ ... ~,r.uo. I. "' .. 'C. ..... AC~~ 1D 11_/ < ..... 'C ... Ci. U5£ PC) <.OT c~ _lTO .. aJ& ""' ... ALl ""DIV'IIEII ANUIiIOLO, till ~EliIOllI.OII OIIn<ERSN'~ CM ...... !COfl~" ..... ..: .... r:D ... M£ .. U~ 'TIIC_ .. IIUM" OI'''N~ ~"""0i'0 01' 'TII15 ~l"'T'YIAU. a~~;;.~~~G:EA~~~ ~;'V~;,'O"':JE O~~~W~~~:T",. '.::~:'.~~~DJ&~~~N3~~~'t"orr~~~oU_I[. CQV(NANl" ~'LED~cn"tC.CAD"TTH!"'QI,IWQfntEMIOfGOOUN'IY PLA", .. , .. G ~o~~'::~'~~~~~TDO.~~u.:iso..~",,,: :.5:~."'~A~~T~ ~n iil'c .. OO'OI'M' .... Co;I,I .. n.WA$N' ... r&o----- "'~f,,-'Z'~~~WT<lR - Jr:)8EFi:T .... ~Fi:IS ""'ii.;;;-~;r:;iWi~-- , .... ...., .... Flied for Record at the ~uest of SOOS CREEK WATER AND SEWER DISTRICT 14616 SE 192nd St P080x 58039 Renton, WashIngton 98058-1039 40B17~2111 ~ Document Tltle(s) WATER SPECIAL CONNECTION CHARGE #112 .-" ,-, c _, Reference Number(s) of Documents asSigned or released NI A AdditIonal reference numbers on page _ of document(s) Grantor(s) N/A Addittonal names on page _ of document Grantee(s) SOOS CREEK WATER AND SEWER DISTRICT Additional names on page _ of document Legal DescnptIon Nt A Addttlonallegails on page _1_ of document Assessor's Property Tax ParceVAccount Number(s) See Exhibit "8" SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY, WASHINGTON RESOLUTION NO. 1887"W A RESOLUTION of the Board of Commissioners of Soos Creek Water and Sewer Dlstnct, King County. Washington, establishing SpeCial Connection Charge #112 due Soos Creek Water and Sewer Dlstnct for Contract 17-96W WHEREAS, water mams and facllrtles have heretofore been Installed as part of the prOject commonly known as Contract 17-96W, and WHEREAS, S8Id water faCilities WID prOVIde benefrts and servtces \0 the properties descnbed In Exhibit "A" attached hereto. which IS made a part hereof by thiS reference thereto, and WHEREAS, 1\ IS the policy of Soos Creek Water and Sewer Dtstnct to require reimbursement for any faCilities built by the Dlstnct and/or by an IndiVidual when said faCilities prOVide benefit and ~ seMce to other properties, and WHEREAS, the Dlstnct engineer has determmed the properties benefitted and computed the value of said benefrt as applied to said properties, and WHEREAS, the Board of CommiSSioners finds said benefits and the cost thereof to be reasonable, and the SpeCI8l Connectton Charge Rate based thereupon to be a fair allocation of such benefits and costs, NOW, THEREFORE, BE IT RESOLVED by the Board of CommiSSioners of Soos Creek Water and Sewer District as follows SECTION 1: That Water SpeCial Connection Charge No 112 IS hereby established for the properlJes and m the amounts shown In Exhibit "A". which IS Incorporated herem by thiS reference Said rate does not Include cost of connecting, stub selVlce, permits or Inspections. general faCilities charges, or other latecomers that may be due on the properties RESOLUTION NO. 1887-W SUBJECT: Establishing Water Special Connection Charge #112 Due SCWSD Pertaining to Contract 17-96W PAGE -1 = = = '" SECTION 2; That no S8lVlce shall be proVIded to any of the property descnbed In Exhibit "A" pnor to payment to the Dtstnct of the above establIShed charges for all property held by the applicant which lies within the area descnbed In Exhibit "A" SECTION 3: That a Notice of the adopbon of thiS Resolutton as Special Connection Charge shall be recorded with the King County DIvIsion of Records and Elections ADOPTED by the Board of Commissioners of Soos Creek Water and Sewer Dlstnct, King County. Washington, at a regular open public meeting th I , - RESOLUTION NO. 1887-W SUBJECT: Establishing Water Special Connection Charge #112 Due SCWSD Pertaining to Contract 17-96W PAGE-2 SIZE S" S" S" S" S" '=' EXHIBIT A Exhibit MAn 5005 CREEK WATER & SEWER DISTRICT WATER SPECIAL CONNECTION CHARGE NO. 112 Contract 17-96W, Aker's Farm No.5 Water Main Replacement Base Maps 8-2, 3 & C-2 ON FROM TO Benson Road Intersection of Benson Intersection of Benson Road Road and S. 27th Street and S.E. 31st Avenue 106th Avenue S.E. IntersectIOn of 106th Intersection of 106th Avenue S.E. and Benson Avenue S.E. and S.E. 166th Road Street S.E. 166th Street Intersection of S.E. 166th Intersection of S.E. 166th Street and 1 06th Avenue Street and 1 04th Avenue S.E. S.E. 1 05th Avenue S.E. Intersection of 105th 200 + /-feet North of the Avenue S.E. and S.E intersection of 105th 1 66th Street Avenue and S.E. 172nd Street 1 06th Avenue S.E Intersection of 106th 1 00 + /-feet North of the Avenue S.E. and S.E. Intersection of 106th 166th Street Avenue and S.E. 172nd Street F 11 2101 41031SCC1 12. doc· 03/25/99 <~ (', ,,' Exhobit "8" SOOS CREEK WATER & SEWER DISTRICT WATER SPECIAL CONNECTION CHARGE NO 112 Contract 17-96W, Alter's Fann No 5 Water Main Replacement Base Maps B-2, :I & C·2 All properties benefited by new water service connectIOns and/or meters, and winch Ilc Wltfllrl 150 feet of the eXisting water mains as descnbed In ExhIbIt "A", and whIch he w,th,n the followIng desCribed parcels of land Base Map B·2 Those "",loons of Ihe Southeast Quarter of the Northwest quarter of SectIon 29, Township 23 North, Range 5 East, W M • In Kmg County. Washington deSCribed as follows Lot 14, OlympIC View Terrace, according to the plat thcrcor as ret.urded In Volurne 64 of Plats, Page 69, records 01 KIng Counly, Wasiunqton, TOGETHER WITH the 50uthwesterly 150 feet of Lots 5 through 9, Block I, Ake", Farm No 5, according to the plat thereof as recorded 111 Volume 40. of Plats. Page 27. records of King County. Washington as measured parallel With the Southwesterly hne thereof, TOGETHER WITH Lots 1 and 2, Block B, Aker's Falin No 5, accordIng to Ihe plat thereot as recorded In Volume 40 of Plats. Pagn 27 records of King County, Washington, TOGETHER WITH the North 100 foe! of the East 100 feet of the SOl,lhwest '1Udrtcr of said Northwest quarter of Section 29 and also the North 200 feel or that portlun of the Southeast Quarter of smd Nonhwest quarter of Section 29 lYing Westerly of Benson Road, TOGETHER WITH the Northeaslerly 150 feet of Lot< I, '2 4,5, Block II, IIke'-, F,Ilfl1 No 5, at;(:ordlng to Ihe plat thereof as rel.ordcd III Volume 40 of rldt~, Patl~ 27, records of King County. Wnshrngton as rneao;uret1 p(Jfallpl wllh tile Notthcclstt'rly lillp thereof, TOGETHER WITH the Sout!,erly 150 feel of Lots Z, 4 dnd 5, Block A, Akec', For", No 5, according to the plat Ihereof as r.c()fOOd In Volume 40 of Pklts, Poge 27, reco"j, 01 King County, Washington as measured parallelvvllh the Southerly IUle thereof TOGETHER WITH Lot 3, Block A. Aker's Faml No 5, 31.l.ordlllg to the pial thereor <1<) recorded In Volume 40 of Plats, Page 27, records or KrllU County. W,)Shlngloll, TOGETHER WITH Lot I, Block 2, Akcr's Faro" No 5, <lccord,,'9 to Ih. pial tiloreuf .s recorded In Volume 40 of Plats. Page 27. records of King COUrlly, Wa~hrngton, TOGETHER WITH Ihe EdSt half of LOIS 2 Ihrough 5, Block 2, Aker's Falin No 5, accordIng to the plat thereof as recorded 111 Volume 40 of Plats, Page 27. rel.ords or KIng County, WashIngton, TOGETHER WITH Lots 1 Ihrough 5, Block 3, Akcr', Far", No 5, accOldlll(110 the pl"1 theraof as recorded In Volume 40 of Plats, Page 27, rcoords of King County, Washington, TOGETHER WITH the WesI150 feet of LOIS 1, 3, 4 dnd 5, Blod 4, Akcr's Far", No 5. accorchng to the plat thereof as recorded In VolulnP 40 of PldlS, Paqe 27, re(.ords of KJng County, Waslllngton, Pagel of 2 r Il\014\O:l\'>CCll'h(br 04/06/99 TOGETHER WITH the Northeasterly and Easterly 150 feet of LOIS 2, 23,24 and 25, Block 4, Aker'. Farm No 5, accordmg to the plat thereof as recorded In Volume 40 of Plats, Page 27, records of Kmg County, Washington as measured parallel with tile Northeasterly and Easterly Ime thereof, Base Map 8-3 Those portlOlIS of the Southwest ",arter of the NOrlheast quarler of Section 29, Township 23 North, Range 5 East, W M , In King County, Waslungton described a. follows The Westerly 150 feet of Lot 8, Block 8, Aker'. Fann No 6, according to Ihe pial thereof as recorded In Volume 42 of Plats, Page 15, records of Kmg Counly, Washlrogton, TOGETHER WITH the Westerly 125 feel Qf tile Noftl' 104 47 foet of Lot 7, Black H, Aker's Fann No 6, according to the plat thereof as rccOlded Ul Volume 42 or Plats. Page 1 5, records of King County, Washington, Base Map C-2 Those portions of the Northeast quarter of the Southwesl 'warter of Section 29, Township 23 North, Range 5 EdS!, W M , In King Counly, W.,hlllgtOl1 uescllbpd dS follows The East half of Lots 5 Ihrough12, Block 2, Aka,. Fuml Nu 5, accOIdll1'110 11." plat thereof as recorded In Volume 40 of Plats, Pdge 27, Iccorcis of KIIIU COUllty, Washlnglon, TOGETHER WITH Lots 5 through 12, Bloc~ 3, dmi the NOlth 75 feet of the East 140 feet of Lot 13, Block 3, Ake"s Fall" No 5, ".cordlllg to the pial Ihercof as recorded In Volume 40 of Plats, Page 27. records of KlIlq County, Wil'5funqtQn, TOGETHER WITH the West 150 feet of Lots 5 ""olJ<)h 1 2, Block 4, ,,,,d til" North 60 feet of the West 1 30 feet of Lot 13, Blo( k 4, Akl'l" Fml11 Nu S accordIng to the plat thereof as recorded Itl Volunle 40 of Pints, Pr..Ige 27, lecoru!> 01 King County, Wasl.ngtoll, SPECIAL CONNECTION CHARGE $37 79 per Fmnt Foot Page 2 of 2 r " 21014\03\SfT112b do.-04(06199 CHICAGO TITLE INS. ~ REF' /&;'93 .. at, Recording Requested By; After Recording Return to: UMPOUABANK 1111 Third Avenue, Suite 2100 SeatUe, WA 98101 Attn: She neil Kliewer DEED OF TRUST, SECURITY AGREEMENT, \ \ \ , RUMPQUA _B'A'H'I( 20140623000705.001 ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS AND PLANS, AND FIXTURE FlUNG (Washington) Grantorls): GREENLEAF·LAROSA. LLC. o Additional on page_ Grantee(s): Trustee: CHICAGO TITLE INSURANCE COMPANY Beneficial)': UMPOUABANK o Additional on page_ Legal Description (abbreviated): Lots 7, 8 & 9, Block 1, Akefs Farms No.5, vol 40 01 plats, pg 27 [&J Complete legal on ExHIBIT A Assessor's Tax Parcel Identification ~s): Reference Nos. of Documents Released or Assi ned: Loan No. 70030691 008700.(J075·06, 00870Q.(J081·08 NOTICE TO RECORDER: THIS DOCUMENT CONTAINS A FIXTURE FILING AND SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. ConsltUclion DIHId 01 Trust (WAJ-LOBll No. 70030691 NO: 20411.01006 4810.6667-9066114 M1412G14 Page I 20140623000705.002 THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS AND PLANS, AND FIXTURE FILING ("Deed of Trust" is made as of June 4,2014, by and among: GrantorfTrustor. GranteefTrustee: GranteeiBeneficiarv: GREENLIEAF-LAROSA, L.L.C. 846 lOath Avenue NE, Sufie 200 Bellevue, WA 98004 CHICAGO TITLE INSURANCE COMPANY 701 -5th Avenue, SuHe 2300 Seattle, WA 98104 UMPQUA BANK 1111 Third Avenue, Suite 2100 Seattle, WA 98101 Atten~on: Shene~ Kliewer GrantorfTrustor is referred to herein as 'SOtrower" and Granteei8eneficiary is referred to herein as 'Lender. " Notice to Borrower: The Note secured by this Deed of Trust contains provisions for a variable Interest rate. ARTICLE 1. GRANT IN TRUST AND SECURED OBLIGATIONS 1.1. Grant in Trust. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the purpose of securing the full and timely payment and performance of the Secured Obligations defined and described in Section 1.2 for the benefit of Lender, Borrower hereby irrevocably and uncondHional1y grants, transfers, bargains, conveys transfers, sets over, and assigns to Trustee, in trust and the uses and purposes set forth herein forever, with power of sale and right of entry and posseSSion, and grants a securily interest in, all estate, righ~ tiUe and interest that Borrower now has or may later acquire in and to the following property (all or any part of such property, or any interest in all or any part of it, as the context may require, the "Cellareral,,), which Collateral is not used principally for agricultural purposes: 1,1,1, Land, Appurtenances, Easements. That certain real property and all interests therein located in King County, Washington, more particularly described in EXHIBIT A attached hereto and incorporated herein by this reference, together wHh all existing and future easements, access rights, appurtenances, privileges, licenses, heredHaments, franchises and tenements, including all water stock and water rights owned by Borrower and all minerals, oil, gas, and other commercially valuable substances that may be in, under or produced from any part of such real property (collectively, the "Lend,; 1.1.2. Improvements. All buildings, structures, and improvements now located or later to be constructed on the Land (the "Improvements',; 1.1.3. Related Real Property and Improvements. All real property and improvements on it, and ali appurtenances, permits, plans, licenses, subdivision rights, contracts, contract rights, and other property and interests of any kind or character, including all water and sewer taps belonging to or in any way related to or appurtenant to the Land or Improvements, whether described In EXHIBIT A or not, that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Land and Improvements; Conslruction Deed of Trust (WA)-Lfl8l1 No. 70030691 NO: 20411.01006 481~7·9066Y4 Pago2 1.1.4. Leases and Wcenses. Subject to the rights of Lender under Article 3 hereof, all existing and future leases, subleases, sub·tenancies, licenses, occupancy agreements, and concessions relating to the use and enjoyment of alar any part of the Project (defined below), written or oral, now in existence or hereafter arising, and extensions or renewals thereof, together with the right, power, and authority of Borrower to alter, modify or change the terms thereof or surrender, cancel or terminate the same (the "Leases". and any and all deposits, guaranties and other agreemenls relating to or made in connection with any 01 the Leases; 1.1.5. Goods, Materials, Fixtures, Etc. All goods, materials, supplies, chattels, lum~ure, appliances, fumishings, fixtures, equipment, invenlo!y, general intangibles, and machinery now or later to be attached to, placed in or on, or used in connection ~ the use, enjoyment, occupancy or operation of all or any part 01 the Project, whether stored on the Land or elsewhere, aD 01 which shan be considered to the fullest extent 01 the law to be real property for purposes of this Deed of Trust; 1.1.6. Construction Materials and Equipment. All building materials, equipment, werle. in process or other personal property of any kind, whether stored on the Land or elsewhere. that have been or later will be acquired lor the purpose of being delivered to, incorporated into, or installed in or about the Land or Improvements; 1.1.7. Borrower Funds. All of Borrowe(s interest in and to the proceeds of the Loan or any Related Loan (defined below), whether disbuffied or not; all present and future monetary deposits given by Borrower to any public or private utility ~ respect to util~ services fumished to the Land or Improvements; and al accounts maintained by BoITOW8f with Lender or any subsidiary or affiliate of Lender, including, without limitation, any interest reserve accounts, tax and insurance impound accounts, and any other accounts established in connection ~ the Secured Obligations; U.S. Rent, Issues, and Prolns. Subject to the rights of Lender under Article 3 hereof, all income. rents. security or similar deposits, revenues, issues, royalties, profits, leases. eamings. products and proceeds 01 the Land or Improvements. together with the right, power and authority to collect the same. including. without limitation, all rights to the payment of money, accounts. investment property. accounts receivable, reserves, deferred payments. refunds. cost savings, any award or other payment that Borrower may become entitled to receive ~ respect to any of the Leases as a resuH of or pursuant to any bankruptcy, insclvency or reorganization or similar proceedings involving any tenant under the Leases, insurance or condemnation proceeds, payments and deposits, (including aU earnest money sales deposits and all utility. tenant. escrow and security deposits), advanced payments of insurance premiums, contract rights. development and use rights, governmental permits. fees, depeW and licenses. applications, architectural and engineering plans. specifications and drawings, as-buiH drawings. chattel peper. instruments. documents. notes, drafts. and letters of cnsdij and related rights (other than leiters of credit in favor 01 Lender), that arise from or relate to construction on the Land or 10 any business now or later to be conducted on it or to the Land and Improvements, whether now due, past due. or to become due, generally including, without limitation, any proceeds from the sale of any lots comprising the Land and any Improvements constructed thereon. and any deposits on account thereof, and atso all proceeds of the voluntary or involuntary conversion of any of the Land, Improvements. or the other property described above into cash or liquidated claims, including proceeds of aU present and future insurance policies and all condemnation or eminent domain proceedings. and all causes of action and their proceeds for any damage or injury to the Land. Improvements, or the other property described above or any part thereof. or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract. fraud. or concealment of a material fact (collectively, the "Rents, Issues ami Profits;; 1.1.9. Contracts and Plans. All contracts of every kind relating to development. construction. marlc.eting, and sale 01 the Project. including, without limitation. any construction contracts and Cor1itruction Deed 01 TIlISl {WA} -Loan No. 70030691 NO: 20411.01006 431().6667.Q066'" I'8ge 3 20140623000705.003 subcon~acts, contracts with architects, engineers, and other service providers, supply contracts, consuHing agreements, financing commitments and agreements, joint development agreements, service and maintenance agreements, marketing and listing agreements, lot reservation agreements, and purchase and sale agreements, and any other existing and future contracts of any kind relating to the Project, together with all deposits, escrows, payments, or other proceeds thereunder, as well as all existing and future amendments, modifications, and supplements thereof (collectively, the ''Contracts'1; and all designs, drawings, plans, specifications, trademarks, logos, and other work product prepared or to be prepared in connection with the development, construction, marketing, and sale of the Project (as defined below), together with all existing and future amendments, modifications, and supplements thereof (collectively, the "Plans '1; 1.1.10. Miscellaneous Personal Property, Any and all personal property of any kind whatsoever, whether tangible or intangible, that is used or will be used in conwuction of, or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of, the Land or Improvements; 1.1.11. Rights of Declarant All of Borrower's right, title and interest in and to any and all units, common elements, declarant rights, development rights, and any other rights relating to the Land or the Improvements, whether now existing or subsequently arising, under any and all condominium declarations, covenants, conditions, and reslrictions, development agreements, or other agreements or declarations now existing or later executed relating to the Land or Improvements, and all laws now existing or later enacted relating to the Land or IrJ11fOvements, including, without limitation, those relating to condominiums, and all rights of Borrower in connection with any homeowner's association, condominium association, architectural conlrol committee, or similar association or committee, established in connection with the Project, including Borrower's rights and powers to elect, appoint, and remove officers and directors of any such associations or committees; 1.1.12. Additional Property. Any additional personal property otherwise set forth herein or listed on any UCC-1 financing statement filed to perfect Lender's security interest hereunder, 1.1.13. Additional Property of Single Purpose Entity Borrower. Any of the following additional personal property of Borrower, to the extent not included in any of the property destribed above, whether or not located on the Land: all inventory, equipment, accounts (including. without lim~ation, all heaRhcare insuranca recaivables), chattel paper, instruments (including, without limijation, all promissory notes), letter-of-credit rights, letters of cred~, documents, deposit accounts, investment property, money, other rights to payment and perfonnance, and general intangibles (Including, without limitation, all software and all payment intangibles); all attachments, accessions, accessories, fittings, increases, tools, parts, repairs, supplies, and commingled goods relating to such property, and all additions, replacements of and substitutions for all or any part of such personal property; and all supporting obligations relating to the such personal property; all whether now existing or hereafter arising, whether now owned or herea1\er acquired; 1.1.14. Books and Records. All books and records pertaining to any and all of the property described above, including records stored on computer readable media, and a limited sublicense 10 use the computer hardware or software necessary to access such records ("Books and Records',;and 1.1.15. Proceeds. All proceeds of, supporting obligations for, additions and accretions to, substitutions and replacements for, and changes in any of the property described above. The Land, Improvements, related real property, and all personal property now or hereafter installed on or used in connection with the Land andlor Improvements are collectively referred to herein as the "ProJect." The Project constitutes the bulk of, but nolthe entirety of, the Collateral. Coostnxlion Deed of Trust (WA) -Loan No. 70030691 NO: 20411.01006 481H667·9066.-4 Page 4 20140623000705004 1.2. Secured Obligations. Borrower makes the grant. conveyance. transfer and assignment set forth in Section 1.1 and grants the security interest set forth in Section 2.1 for the purpose of securing the foUowing obtigations (the "Secured Obligations") in any order of priority that Lender may choose: 1.2.1. Promissory Note. Payment of all obligations at any time owing under that certain promissory note payable by Bonrower. as maker. to the order of Lender or order, executed concurrently herewith (the "Note'i, evidencing a loan from Lender to Bonrower in the maximum outstanding principat amount of Five Million Nine Hundred Fifty Thousand Ninety and 00l100ths Dollars ($5,950,090.00) (the "Loan ,,), together with interest thereon at a variable rate and any modifications, extensions or renewals thereof. whether or not any such modification. extension or renewat is evidenced by a new or additional promissory note or notes; 1.2.2. Loan Oocuments. Payment and performance of each and every other obligation of Borrower under the Note, this Deed of Trust, any construction or land loan agreement executed in conjunction therewith. all other documents evidencing, securing, or otherwise governing the Loan (specifically exctuding, however, for purposes of establishing the Secured Obligations, any obligations arising under any guaranty of the Secured Obligations or any indemnity agreement (each an "Indemnity Agreement', retating to the Loan or Collateral). and any and all amendments. modifications, and supplements thereto (coHectively, the "Loan DOCllments'j, the provisions of which are incorporated herein by this reference; 1.2.3. Related Loan Documents. Payment and performance of each covenant and obligation on the part of Borrower to be performed pursuant to any and all km documents (the "Related Loan Documents ") that have been or may be executed by Borrower evidencing or securing one or more present or future loans by Lender or its affiliates to Borrower with respect to the projects commonly referred to as 'Rosa Meadows (laRosa)' and 'Panther Lake (Greenleaf)' (collectively, the 'Related Loans1, whether now existing or made in the future. together with any and all modifications, extensions and renewals thereof, including, without limitation. any construction loan from Lender to Borrower for the construction of improvements on the Land or any other land securing the Loan; provided, however, that nothing contained herein shall be construed as imposing an obligation upon Lender, or as evidencing Lender'S intention, to make any Related Loan to Borrower, 1.2.4. Advances. Payment of all sums advanced to protect the security of this Deed of Trust, together with interest thereon as herein provided; 1.2.5. Future Obligations. Payment to Lender of all future advanoes, indebtedness and further sums and performance of such further obligations as BOrrOWBf or the then record owner of the Project or the then owner of the balance of the Collateral may undertake to pay or perform (whether as prinCipal, surety, or guarantor) for the benefit of Lender. its successors or assigns, (it being contemplated by Borrower and Lender that Borrower may hereafter become indebted to lender in such further sum or sums), when such bonrowing or ob6gations are evidenced by a written instrument reciting that ij or they are secured by this Deed oITrust; 1.2.6. Swap Obligations. Any and ali obligations of Borrower to Lender under or related to any Rate Swap Transaction entered into between Lender and Borrower, inciuding without limitation any payments on Early Termination under any Swap Agreement or Confirmation. Capitalized terms used in this subsection are defined in the 20061SDA Definnions, published by the International Swap Dealers Association, Inc.; and 1.2.7. Modifications and Amendments. Payment and performance of all modifications, amendments, extensions, and renewals. however evidenced, of any of the foregoing Sec!Jred Obligations. Construction Deed 01 Trust (WA) -LOIJr) No. 70030691 NO: 20411.01006 4810.6667-9066v4 Page 5 20140623000705.005 All persons who may have or acquire an interest in all or any part of the Collateral will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. ARTICLE 2, SECURITY AGREEMENT 2,1. Grant of Security Interest. This Deed of Trust creates a lien on the Collateral, and constitutes an absolute assign ment of the Rents, Issues and Profits and of the leases, all in favor of lender, and indudes all property now or hereafter affixed or attached to or incorporated upon the land and Improvements, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property. To the extent that any part of the Collateral or Rents, Issues and Profits and leases may be, or are determined to be, personal property, Borrower, as debtor, hereby grants to lender, as secured party, a securily interest in such part of the Collateral and Rents, Issues and Profits and leases as is determined to be personal property, to secure payment and performance of the Secured Obligations. As to such personal property, this Deed of Trust constitutes a securily agreement under the Uniform Commercial Code of the state in which the Project is located (the 'Project State" and terms used to describe the Collateral in Section 1 of this Deed of Trust shall have the definitions ascribed 10 such terms under the Uniform Commercial Code of the Project State. 2.2. Perfection of Security Interest. Borrower hereby authorizes lender to file one or more financing slatements and such other documents as Lender may from time to time require to perfect and continue the perfection of lender's securily interest in any part of the Collateral or the Rents, Issues and Profits and leases. Borrower shall pay all fees and costs that lender may incur in filing such documents in public offices and in obtaining such record searches as lender may reasonably require. Borrower shall cooperate with lender in oblaining control of any portion of the Collateral that consists of Deposit Accounts, Investment Property, Letter-of·Credit Rights, and Electronic Chattel Paper, as such terms are defined in Article 9 of the Uniform Commercial Code of the Project Slate. Should lender so request, BorroW8f shall provide, at Borrower's sole cost and expense, such insurance of lender's personal property security interest hereunder as may be available to Lender at reasonable cost. If any financing statement or other document is filed in the records normally pertaining to personal property, that filing shall not be construed as in any way derogating from or ilT1lairing the declaration and the stated intention of the parties hereto that the CoUateral and all components thereof are, to the maximum extent possible, real property or otherwise impair the rights or obligations of the parties under this Deed of T rusl Nothing herein shatl be construed to authorize any finanCing statement filed to perfect lender's securily interest hereunder to be terminated by any means without lender's express written consent. 2.3. Fixture filing/Construction Deed of Trusl This Deed of Trust constitutes a financing statement fited as a fixture filing under the Uniform Commercial Code in effect in the Project State, as amended or recodified from time to time, covering any part of the Collateral that now is or later may become fixtures attached to the land or Improvements. As this Deed of Trust secures advances to be used e~her for the acquisition of the land or the construction of improvements thereon, or both, this Deed of Trust also constitutes a 'construction mortgage' or 'construction deed of trusr under the Uniform Commercial Code in effect in the Project State. 2.4. Nature of Collateral. Borrower and Lender agree that the filing of a financing statement in the records having to do with personal property shall never be construed as in any way derogating from or impairing the declaration and the slated intention of the parties hereto that the Collateral and aU components thereof are, to the maximum extent possible, real property, subject to lender's right on default to exercise, in any manner permitted by applicable law, those remedies (a) avaiable to lender under this Deed of Trust. CIlI!slllJclion Deed 01 TIIJSf (WA) -Loan No. 70030891 NO: 20411.01006 ~81().i667_ Paga6 20140623000705.006 20140623000705.007 (b) avaiable to Lender as a secured party under the provisions of the UCC, or (c) otherwise provided for by law or available in equity. Whenever Lendefs securily is deemed to indude personal property, Lender shall be entitled to foreclose against such property in connection wnh and as a part of any judicial or nonjudicial proceeding against the real property secured hereby, the parties hereby acknowledging that such foreclosure constilutes a commercially reasonable method of selling such property, or, in Lender's sole discretion and as pennnted by applicable law, to pUl$Ue any and all other remedies afforded a secured party under the UCC or other applicable law. Upon the occurrence of an Event of Default, Borrower agrees 10 assemble all such property and make it available to the Trustee or Lender as secured party at a place to be designated by such party that is reasonably convenient to all parties. ARTICLE 3, ASSIGNMENT OF LEASES AND RENTS 3.1. Leasing. Borrower shall not lease the Project or any part thereof unless pennitted under one of the other Loan Documents or by other express written consent of Lender, and then only strictly in accordance with such agreement. Notwithstanding the foregoing, however, any and all Leases at the Project, whether or not entered inlo wilh Ihe consent of Lender, shall be subject 10 the provisions of this Article 3. 3,2. Assignment. Borrower hereby irrevocably, presenUy, absolutely and unoondilionally assigns and transfers 10 Lender. (a) the Rents, Issues and Profits; (b) all Leases, and (c) any and all guarantees of any obligations of any lessee under each of the Leases (a "Lessee'. The assignments in this Section are absolute aSSignments and irrevocable from Borrower to Lender and not merely the passing of securily interests Dr assignments for securily only. 3.3, Grant of License, Lender hereby oonfers upon Borrower a license ("License" to collect and retain the Rents, Issues and Profits as they beoome due and payable, and to administer the Leases, so long as no Event of Default, as defined in Section 7.1, shall exist and be oontinuing. If an Event of Default has occurred and Is oontinuing, such License shall tenninate without notice to or demand upon Borrower, without regard to the adequacy of Lendefs securily under this Deed of Trust. 3,4. Collection and Application of Rents, Issues and Profits, Subject to the License granted to Borrower under Section 3.3, Lender has the right, power, and authorily to oollect any and all Rents, Issues and Profits and administer the Leases. Borrower hereby appoints Lender its attomey~n-fact, ooupled wilh an interest, to, at such times as Lender may choose in ns sole discretion: (a) demand, receive and enforce payment of any and all Rents, Issues and Profits; (b) give receipts, releases and satisfactions for any and all Rents, Issues and Profits; (c) sue either in the name of Borrower and/or in the name of Lender for any and all Rents, Issues and Profits: (d) perfonn any obligation, oovenant or agreement of Borrower under any of the Leases, and, in exercising any of such obligations, pay all necessary costs and expenses, employ counsel and incur and pay attomeys' fees; (e) delegate any and all rights and powers given to Lender by this assignment of Leases and Rents; (Q appear in any bankruptcy, insolvency or reorganization proceeding involving any Lessee and 10 collect any award or payment due Borrower pursuant to any such proceeding; andior (g) use such measures, legal or equitable, as in its disae\ion may carry out and effectuate the terms and intent of this assignment. Lender's right to the Rents, Issues and Profits does not depend on whether Dr not Lender lakes possession of the Project as pennitted hereunder. 3.5, Enfortement of Leases. Borrower wil (i) oomply with and observe Borrower's obligations as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free from any right of counterclaim, defense or set off, (ii) enforce the perfonnance of each and every obligation, \enn, oovenant, oondition and agreement in the Leases by the tenants to be perfonned, (iii) notify Lender of the occurrence of any default under any Leases for non-residential use, and (iv) appear in and ConsllllCliOil Deed of TIUSI (WA) -Losn No. 7003(}OOl NO: lO411.011106 481Q.li667-9066v4 Page 7 defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Borrower or the tenants thereunder. Without Lender's written consent, Borrower will not collect or accept payment of any Rents from the Collateral more than one (1) month prior to the due dates thereof; will not surrender or terminate any Lease for non-residential use; and will not request or consent to the subordination of any Lease to any lien subordinate to this Deed of Trust. 3.6. Modification of Leases. Without the prior written consent of Lender, Borrower shall not (i) waive, excuse, condone, discount, set off, compromise, or in any manner release or discharge the tenant under any Leases for non·residential use from any obligations, covenants, conditions and agreements by tenant to be kept, observed and performed, including the obligation to pay the Rents thereunder in the manner and at the place and time specified therein; (~) cancel, terminate, consent to or permit any surrender of any non-residential Leases; or (iiQ renew or extend the term of the Leases for any non-residential use for a lesser rental unless an option therefor was originaly so reserved by the tenant of the Leases for a fixed and definite rental. 3.7. Payment of Rents Directly to Lender. At any time. Lender may, at ~s option, notify any tenant or other parties of the existence of this assignment of Leases and Rents, Issues and Profits. Borrower hereby specifically authorizes, instructs, and directs each and every present and future Lessee of all or any part of the Land or Improvements to pay all unpaid and future Rents, Issues and Profits direcUy to Lender upon receipt of demand from Lender to so pay the same, and Borrower hereby agrees that each such present and future tenant, lessee and licensee may rely upon such written demand from Lender to so pay the Rents, Issues and Profits without any inquiry into whether there exists an Event of Default or whether Lender is olherwise entiUed to the Rents, Issues and Profrts. No proof of the occurrence of an Event of Default shall be required. Borrower hereby waives any right, claim or demand that Borrower may now or hereafter have against any present or future Lessee by reason of such payment of Rents, Issues and Profits to Lender, and any such payment shall discharge Lessee's obligation to make such payment to Borrower. For purposes of RCW 61.24.140, this Section constitutes written consent by Borrower, as landlord under the Leases, to tI1e payment of Rents, Issues and Profits directly from the Lessees to Lender. 3.8. Lender Not Responsible. Under no circumstances shall Lender have any duty to produce Rents, Issues and Profits from Ihe Project. Regardless of whether or not Lender, in person or by agent, takes actual possession of the Project, Lender is not and shall not be deemed to be: (a) a 'mortgagee in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any Lease; (c) responsible for any waste com~d by Lessees or any other parties, any dangenous or defective condition of Ihe Project, or any negligence in Ihe management, upkeep, repair or control of tI1e Project; (d) responsible for any loss sustained by Borrower resuHing from Lender's failure to lease the Land or Improvements or from any other act or omlsslon of Lender In managing the Project or admlnistering the Leases; or (e) liable in any manner for the Project or tI1e use, occupancy, enjoyment or operation of aU or any part of i~ except for such matters as may arise from the willful misconduct and bad faith of Lender. 3.9. IndemnRy. Borrower shall indemnify, defend with counsel selected by Lender in its sole discretion, and hold Lender harmless from and against any and aU claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and expenses, including, without limitation, attomeys' lees and costs, to which Lender may be exposed or which Lender may incur in exercising any of its rights under this assignment. ConsI1uclkJn Deed 01 T/us/ (WA) -Loan No. 70030691 NO: 200111.01006 ~alQ.6667.g1166Y4 !'ago 8 20140623000705.008 20140623000705.009 ARTICLE 4. ASSIGNMENT OF CONTRACTS AND PLANS 4.1. Assignment of Contracts and Plans. As security for the Loan, Borrower hereby assigns, transfers, and pledges to Lender all of its right, We and interest in and to the Contracts and Plans. 4.2. Lender Authorized to Demand Performance. Upon the oocurrenoe of a default under any of the Loan Documents, Borrower hereby authorizes Lender, and for this purpose irrevocably constitutes and appoints Lender as its attorney-in-fact, coupled with an interest, to use the Plans for further development and construction on the Project, to demand, receive, and enforce Borrower's rights under the Contracts, to make payments and give appropriate reoeipts, releases and satisfactions under such Contracts, and to perform any and all acts with respect to the Contracts or Plans that Lender deems neoessary or desirable, all on behaff of and in the name of Borrower, or at Lender's option in Lender's own name, with the same force and effect as if performed by Borrower. Lender may also reassign its rights hereunder to another person designated by Lender, who shall have the same rights to enforce the Contracts and utilize the Plans. 4.3. Lender Not Liable. Lender's acceptanoe of this assignment of Borrower's rights in the Contracts and Plans does not cons~tute an assum~on by Lender of any obligations whatsoever relating to such Contracts or Plans. Accordingly, Lender shall have no liability to any other party to such Contracts or preparer of such Plans unless or until Lender assumes in writing the obligations relating to such Contracts or Plans. If Lender designates a reoeiver, contractor, or other party to oversee administration of the Contracts and completion of the development of the Project, the obligations under such Contracts or relating to such Plans shall be assumed and performed by such designee, and Lender shall have no liability whatsoever with respect to those obligations. 4.4. Security, This assignment and pledge set forth in this Article is for security purposes only, and is made to secure payment of all amounts and performanoe of each and every obligation of Borrower under the Loan Documents and under any other instrument executed by Borrower with respect to the Collateral. 4.5. Borrower's Representations, Warranties, and Covenants. Borrower represents and warrants to Lender: 4.5.1 There have been no prior assignments of Borrower's Interest in the Contracts and Plans, and Borrower's assignment to Lender shall be in a first lien position; 4.5.2 Borrower has full power and authority to assign its righ!, li~e and interest in the Contracts and Plans to Lender and, with respect to the assignment of each Contract or Plan, either. (i) Borrower has obtained and delivered to Lender a consent to such assignment in a form satisfactory to Lender, or (ii) no consents or approvals of any persons or entities under such Contract or Plan are necessary for Borrower to validly sign, deliver and perform this assignment and 4.5.3 The Contracts constitute valid and binding agreements, enforceable against both Borrower and the other party or parties in accordanoe with their terms, and ne~her Borrower nor, to the best of Borrower's knowledge, any other party to such Corrtracts is in default under the terms of such Contracts, except for any defaults already disclosed by Borrower to Lender in writing. 4.6. No Modification or Further Assignment Without Lender's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Borrower will not (i) make any amendments or modifications in the Contracts that are materially adverse to Borrower, or (ii) assign, pledge, mortgage, or otherwise transfer or encumber any of its right tide, or interest in any of the Contracts or Plans while any of Borrower's obligat~ns under the Loan Documents remain unfulfilled. Coostllldlol> DeeIJ of Trost (WA) -Loan No. 70030tJ91 NO: 20411.01006 481~7.g0li6>4 Page 9 20140623000705.010 4.7. Default. Lender shall have no right under this Article to enforce Borrowe(s rights wijh respecl to the Conlracts or Plans until Borrower shall be in defaull under any 01 ijs obligations to Lender under any instrument, document or agreement related \0 the Loan or the Project. Upon the occurrence of any such defautt Lender may, without affecting any of its other r~hts or remedies against Borrower hereunder or under any other instrument, document or agreement, exercise its rights under the assignment and pledge set forth in this Article or in any other manner permitted by law, and in addition Lender shall have and possess, without limitation, any and all rights and remedies of a secured party under the Commercial Code in effect in the State in which the Project is located or as otherwise provided by the laws of such State. 4.8. Indemnity. Borrower will indemnify, defend, and hold Lender harmless from and against any and all claims, demands, liabilities, losses, lawsuijs, judgments, damages, costs and expenses, including wijhout limitation reasonable attomeys' fees and costs incurred (whether or not in litigation, on appeal or in bankruptcy court), to which Lender may become exposed or which Lender may incur in exercising any of its rights under Borrower's assignment of the Contracts and Plans. However, ~ any such claims, demands, liabilities, losses, lawsuits, judgments, damages, costs, and expenses are caused by the concurrent negligence of Borrower and Lender, or their employees, agents, invitees, or licensees, Borrower wHI indemnify Lender only to the extent of Borrower's own negligence or that of its employees, agents, invitees. or licensees. 4.9. Reliance by Other Parties. The assignment and pledge set forth in this Article shan be conclusive evidence of Lender's rights hereunder and may be relied upon by any architect, engineer, construction contractor Of subcontractor, supplier of materials or labor, or other party to any of the Contracts. ARTICLE 5. ENVIRONMENTAL AND BUILDING LAWS 5.1. Definitions. The following terms shall have the meanings specified below: 5.1.1. "Building Laws" means the Fair Hcusing Act of 1968 as amended, the Americans With Disabil~ies Act of 1990 as amended, all govemment and private covenants, conditions, and restrictions relating to the Land, building code requirements and laws affecting the construction of improvements on the Land, and all other federal, state and local laws, ordinances, regulations and rules relating to the construction, operation, and maintenance of the improvements on the Land and the marketing and use of such improvements in a non-discriminatory manner. 5.1.2. "Environmental Laws· means the Federal Resource Conservation and Recovery Act of 1976; the Federal Comprehensive Environmental Response, Compensation, and Uabilijy Act of 1980; the Federal Hazardous Materials Transportation Control Act; the Federal Clean Air Act; the Federal Water Pollution Control Act, Federal Clean Water Act of 1917; the Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978; the Federal Endangered Species Act; the Federal Toxic Substances Control Act; the Federal Safe Drinking Water Act; and all other federal, state and local laws, statutes, codes, ordinances, regulations, judgments, orders, injunctions, decrees, covenants, restrictions and standards presently in effect or that may be promulgated in the future relating to the use, release, handling, storage, transportation, clean-up, or other disposal of Hazardous Substances; or relating to the water quality, air quality, soils qualijy, and other environmental quaity of real property and improvements constructed upon real property; or related to the protection of endangered species, as such laws and ordinances may be amended from time to time. 0JnsIJucti0n Deed of Trust (WA) -Loan No. 70030691 NO: 20411.01006 4811J.ti667-9066Y4 P8ge 10 5.1.3. "Environmental Proceeding" means any lawsu~ or proceeding, whether civil (including actions by private parties), criminal, or administrative, relating to the environmental condition of the Land or the presence of Hazardous Substances thereon. 5.1.4. "Environmental Reports" means the soils, geologic, and engineering reports prepared to assess any environmental risks associated with the Project or otherwise required by Lender. S.1.5. "Hazardous Substances" means any waste, pollutants, contaminants, petroleum or petroleum product, asbestos, lremome. anthophyltte or actinonte, polychlorinated biphenyls, or other chemical, substance, or material that: (a) after release into the environment and upon exposure, ingestion, inhalation, or assimilation, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, bodily injury, behavior abnormalities, cancer and/or genetic abnorma6ties, or (b) is now or at any tima in the future beccmes regulated under, or is defrned, classified or designated as hazardous, toxic, radioactive or dangerous, or other similar term or category under any Environmental laws. 5.1.6. "Neariby Property" means real property that is adjacent to or near the land that could reasonably cause contamination of the Land or could become contaminated with Hazanfous Substances as a result of construction, operations, or other activities involving Hazardous Substances on, over, or under the Land. 5.1.7. "Transition Date' means, with reference to aU or any portion of the Land being foreclosed or transferred by deed in lieu of foreclosure, the date on which this Deed of Trust is fully and finally foreclosed or a conveyance by deed in lieu of foreclosure has become effective and has been recorded in the county where the applicable Land is located. 5.2. Representations and Warranties. Borrowsr makes the following representations and warranties to lender, which representations and warranties shall be continuing so long as any amount remains owing under the Secured Obligations or Lender retains any interest in the Project: 5.2.1. Environmental Laws. Except for any contamination or environmental condition that may be disclosed in any Environmental Reports obtained by Lender prior to the date hereof or that has otherwise been disclosed in writing by Borrower 10 lender, Borrowsr has no knowledge at. (i) the presence of any Hazardous Substances on the Project, including all personal property located on the land, the soil and the groundwater on or under the land, including any streams crossing or abutting the Land, and the aquifer underlying the land, (ii) any spiUs, releases, discharges or disposal of Hazardous Substances that have occurred or are presently occurring on or into the Project or the Nearby Property, or (iii) any failure of the Project 10 comply fully with all applicable Environmental Laws. To the best of Borrowe~s knowledge, Borrower's intended uses of the Project including but not limHed to the improvements and materials 10 be constructed and installed on and in the Project and the work method for accclT1llishing such construction, comply fully with aU Environmental Laws. 5.2.2. Building laws. Except for any non-compliance that has been disclosed in writing by Borrowsr to lender, Borrower has no knowledge of any failure of the Project or the plans and specificetions for improvements on the Project to comply fully with all applicable Building Laws. To the best of Borrowe~s knowledge, Borrowe~s intended uses of the Project, including but not limned to the improvements and materials to be constructed and installed on and in the Project, the work method for acccmplishing such construction. and the plan for marketing the Improvements constructed on the land comply fully with all Building Laws. 5.3. No Waivers of Other Indemnifications Retatlng to Envlronmentat Condition. Except as set forth herein or in any separate indemnity agreement executed by Borrower In connection with the Construction Deed 01 TIU$I (WA)-Loan No. 100306111 NO: 20411.01006 481~7-S1166v4 Pagett 20140623000705.011 loan: (i) Borrower has not and will not release or waive the liability of any past or current owner, lessee, or operator of the Project, any party who performs work on the Project, or any party who may be responsible for the presence of or removal of Hazardous Substances on or from the Project or the Nearby Property, and (iiI Borrower has made no prior promises of indemnificaUon to any party relatilg to the existence or non- existence of Hazardous Substances on the Project, 5,4, Obligation to Comply with Environmental and Building Laws, Borrower shall construct, keep, and maintain the Collateral in comp~ance with any and all laws relating to public safety and the condition of the environmen~ including but not limited to the Environmental laws and the Building laws, Borrcwer covenanls that, so long as Borrower owns any interest in the Project, Borrower and Borrower's agents, contractor.;, authorized representatives, and employees shall not engage in any of the following prohibited activities, and Borrower shall use diligent efforts to assure that Borrowe(s invitees and tenants, and such tenanrs employees, agents, and invitees shall not: (i) cause or permit any release or discharge of Hazardous Substances on the Project other than in full compliance with aU Environmental Laws; Iii) cause or permit any manufacturing, storage, holding, handling, usage, placement, transporting, spilling, leaking, discharging, or dumping of Hazardous Substances in or on any portion of the Project other than in full compliance with all Environmental laws; (iii) suffer or permit any other act upon or concerning the Project that would resu~ in a violation of any Environmental law or require any alterations or improvements to be made on the Project under any Environmental Laws; or (iv) suffer or perm" any other act upon or conceming the Project that would result in a violation of any Building Law or require any alteraUons or improvements to be made on the Project under any of the Building Laws, 5.5. Obligation to Cure Non-Compliance. 5.5.1. Notice. If Borrower at any time becomes aware of (0 any Hazardcus Substances on, or other environmental problem or liability with respect to, the Project or any Nearby Property, (ii) any failure of the Project or the Improvements to comply with any of the Environmental Laws, (iii) any failure of the Project or the Improvements or the marketing efforts and other operations undertaken with respect thereto to comply with any of the Building Laws, (iv) any lien, action or notice resulting from violation of any Environmental Laws or Building laws, or (v) any Environmental Proceeding affecting the Project, Borrower shall immediately notify Lender, and shall thereafter exercise due diligence to ascertain the scope and nature of such condition and provide all notices that state or federal law may require. 5.5.2. Remediation, If, upon giving such octice or for any other reason, one or more govemmental agencies having appropriate jurisdiction requires removal or treatment of HazardOUS Substances from or on the Project or the making of alterations to the Project to conform to Building Laws or Environmental laws, or such removal, treatme~ or alteration is required by Environmental Laws or Building Laws, Borrower will: (i) take all actions that are necessary or desirable to dean up any Hazardcus Substances affecting the Project, including, without limitation, removal, treatment, containment or any other remedial action required to restore the Project to a safe condition in compliance with applicable laws and regulations, including Environmental laws, (ii) take all actions that are necessary or desirable to modify the Project and all Improvements and marketing materials so as to achieve compliance with applicable laws and regulations, including Building Laws and/or Environmental laws (together with 5.5.2(i), "Remedial Worlc"), and/or (iii) attempt, through appropriate legal or administrative proceedings, to appeal, contest. or obtain a stay of enforcement proceedings W Borrower believes in good faith that Borrower is not required by law to cure such Hazardous Substances condition or to make aHerations to comply with Building Laws. Borrower shall provide Lender with copies of all reports, analyses, octices, licenses, approvals, order.;, correspondences or other written materials in its possession or control relating to the environmental condition of the Project and the Nearby Property or Environmental Proceedings immediately upon receipt, completion or detivery of such materials. Conslruclion DeelI 01 Trost (WA) -lnan No, 70030691 NO: 20411,011106 4810061167-9066v4 ~12 20140623000705.012 5.5.3. Liability. Except for removal or treatment of any Hazardous Substances deposited on the Project by Lender, Borrower agrees that the amelioration, treatment, containment, or removal of all Hazardous Substances that may be discovered on the Project shaH be at Borrowe~s sole expense, reserving unto Borrower any claims for contribution or indemnity that Borrower may have against other parties who may be held liable therefor. 5.5.4. Remedial Work. All Remedial Work shall be conducted: 5.5.4.1 in a diligent and timely fashion by licensed contractors acting under the supervision of a consulting environmental engineer; 5.5.4.2 pursuant to a detailed written plan for the Remedial Work approved by any public or private agencies or persons with a legal or contractual right to such approval; 5.5.4.3 w~h such insurance coverage pertaining to liabilities arising out of the Remedial Work as is then customarily maintained w~ respect to such activities; and 5.5.4.4 only following receipt of any required permits, licenses or approvals. The selection of the Remedial Work contractors and consulting environmental engineer, the contracts entered into w~ such parties, any disclosures to or agreements with any public or private agencies or parties relating to Remedial Work and the written plan for the Remedial Work (and any changes thereto) shall each be subject to Lender's prior written approval, which shall not be unreasonably w~held or delayed. In addition, Borrower shall submit to Lender, promptly upon receipt or preparation, copies of any and all reports, studies, analyses, correspondence, governmental comments or approvals, proposed removal or other Remedial Work, contracts and similar information prepared or received by Borrower in connection with any Remedial Work or Hazardous Substances relating to the Project. 5.6. Remedies on Default. A default by Borrower under any of the covenants, representations, or warranties set forth in this Article shall, upon the expiration of any appliceble cure period, constitute an Event of Default (as defined below) entitling Lender to exercise all of the rights and remedies available to Lender upon the occurrence of an Event of DefauH hereunder, provided, however, that such Event of DefauH shall not form the basis for any claim for damages Of indemnification by Lender against Borrower except to the eident of sums actually advanced by Lender as a consequence of such default, pursuant to the terms of this Deed oITrust and prior to the Transition Date, in order to maintain and protect Lende~s security hereunder. 5.7. tndemnification of lender. Borrower shan indemnify, defend with counsel selected by Lender in its sole discretion, and hold Lender harmless from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attomeys' fees and disbursements) that resuH in actuat cost and expense to Lender prior to the Transition Date to maintain and protect Lende~s security hereunder, and arise directly or indirecliy from or out of, or in any way connected with: 5.7.1. the inaccuracy of the representations contained herein; 5.7.2. the disoovery and/or clean·up of Hazardous Substances that were existing on Of in the Land at the time when Borrower first acquired ownership, or any clean-up, remediation, monitoring or other actions required as a resuH thereof; 5.7.3. any activities on the Land during Borrower's ownership, possession or control of the Project that direcUy or indirecUy result in the existence of Hazardous Substances on or in the Land or any Nearby Property in violation of any applicable Environmental Laws, or any clean-up, remediation, monitoring or other actions required as a result thereof; and Cons/ruction Deed of Trust (WA) -Loan No. lOOJQ691 NO: 20411.01l1ll6 4810-6661·_114 Page 13 20140623000705.013 5.7.4. any alleged or actual failure of any Improvements now or hereafter constructed on the Land to continuously comply with all Building Laws now or hereafter enacted for any reason whatsoever, or any modification or correction of any of the Improvements so as to comply fully with Building Laws. The foregoing indemnification relates only to liabilities, demands, costs, and expenses incurred by Lender prior to any transfer of the Project pursuant to foredosure proceedings hereunder and prior to a fX)llveyance of the Project in lieu of foredosure, and does not apply to any depostl or release of Hazardous Substances on the Land caused by Lender, its agents, representatives, or employees, or by any receiver for the Projed appointed at the request of Lender. Borrower acknowledges that, as between Borrower and Lender, Borrower will be solely responsible for aD costs and expenses relatillg to the clean·up of Hazardous Substances from the Project or the clean-up of any Hazardous Substances from any Nearby Property as a result of Borrower's aclions or omissions and the modifICation and correction of any of the improvements constructed on the Project so as to comply fully wtlh all Buiidllg Laws. 5.8. Not Substantial Equivalent None of the covenants, representations, or other obligations of Borrower set forth in this Article are intended by the parties to be the substantial equivalent of obligations of Borrower arising under any Indemntly Agreement. To the extent any such representations, covenants, or obligations may nonetheless subsequenUy be determined to be the SUbstantial equivalent of obligations of Borrower ariSing under any Indemnily Agreement, without in any way limiting or affecting Lender's other rights and remedies hereunder, this Deed of Trust will cease to secure any such provisions and a default under any such provision shall not consmute a basis for nan-judicial foreclosure hereunder. ARTICLE 6. RIGHTS AND DUTIES OF THE PARTIES 6.1. Performance of Secured Obligations. Borrower shall prompUy pay and perform each Secured Obligation in accordance with Its terms. 6.2. Representations and Warranties. Borrower represents and warrants tha~ except as previously disclosed and accepted by Lender in writing: 6.2.1. Title 10 Land and Improvements. Borrower holds goad and indefeasible fee simple title to all of the Land and ImplOvemenls, subject only 10 such exceptions and encumbrances as have been approved in writing by Lender (the "Permitted Exceptions .~, and Borrower has or will have good @e to all portions of the Collateral other than the land and Improvements. 6.2.2. Tille to Personal Property. Borrower owns any portion of the Collateral that is personal property free and clear of any security agreements, reservations of tiDe, or conditional sales contracts, and there is no financing statement affecting such personal property on file in any public office other than in Lender's favor. 6.2.3. Right to Encumber/Priority. Borrower has the full and unlimUed power, righI, and authorily to encumber the Collateral and assign the Rents, Issues and Profits, Leases, and the Contracts and Plans. Upon recording of this Deed of Trust and fiing of a UCC Financing Statement with respect to any portion of the Collateral that is determined to be personal property, this Deed of Trust will create a first and prior lien on and security interest in the Collateral that is subject and subordinate to no ather liens except for the Permitted Exceptions. 6,2.4. Commercial Purposes. The Loan and the other Secured Obligations were obtained by Borrower and will continue to be used for commercial or business purposes, other than agricuHural,timber, or grazing purposes, and not for personal, family or household purposes. QmtnJClioll Deed of Trust (WA}-LoanNo. 70030591 NO: 20411.01006 1810-6661_<4 Page 14 20140623000705.014 6.2.5. Business Location. Borrower maintains a place of business in the State of Washington and will immedia!ely notify Lender in writing of any change in its place of business. 6.3. Taxes and Assessments. Borrower shall payor cause to be paid v.tlen due, all general real and personal property taxes, special and supplemental real and personal property taxes and assessments, Ncense fees, license taxes, levies, charges, penalties, or other taxes or similar impositions imposed by any public or quasi·public authority or utility company that are or may become a lien upon the Collateral or any portion thereof or in!erest therein, or that may cause any decrease in the value of the Collateral or any part of it. Borrower shall also pay when due all real property taxes, assessments, levies and charges imposed by any public authority upon Lender by reason of its interest in the Collateral created hereby. All of the foregoing taxes, assessments and other charges payable by Borrower with respect to the Collateral are collectively referred to as the "Impositions." If requested by Lender, Borrower shall furnish Lender with receipts from the appropriate taxing authority or other proof satisfactory to Lender that all Impositions have been paid on or before the date upon which they become delinquent 6.4. Liens, Charges and Encumbrances. Borrower shall not encumber or permn the encumbrance of the Collateral without Lende(s prior written consent and Borrower shall immediately discharge any lien on the Collateral to which Lender has not consented in writing. Borrower shall payor cause to be paid when due all obligalions secured by or reducible to liens and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any part thereol, all claims lor work or labor performed, or materials or supplies fumished, in connection with any work upon the Project. whether the lien, charge or encumbrance is or would be senior or subordinate to this Deed 01 Trust; provided, however, that Borrower shall not be in defaull hereunder due to any such lien, charge, or encumbrance that is a Permitted Exception. Lender hereby expressly reselVes the right to advance any and all funds necessary to cure any and al such obligalions, andlor claims. 6.5. Required Insurance. Borrower shall keep in effect with respect to the Collaleral all insurance coverage required pursuant to the terms of the Loan Agreement. 6.6. Insurance and Condemnation Proceeds. 6.6.1. Payment to Lender. Borrower hereby absolutely and irrevocably assigns to Lender, and authorizes the payor to pay to Lender, the following claims, causes of action, awards, payments and rights to payment, together with al interest that may accrue thereon (collectively, the 'Claims"): 6.6.1.1 Condemnation Awards. All awards of damages and all other compensation payable directly or indirecHy because of a condemnation, proposed condemnation, or taking for public or private use that affects all or part of the Collateral or any interest in it; 6.6.1.2 Warranty Claims. All awards, claims, and causes 01 action arising out of any warranty affecting all or any part of the Cola!eral, or for damage or injury to or decrease in value of all or part of the Collateral or any interest in it and 6.6.1.3 Insurance Proceeds. All proceeds of any insurance policies payable because 01 damage or loss sustained to all or part of the Collateral. 6.6.2. Notice to Lender. Borrower shall immediately notify Lender in writing if: (ij any damage occurs or any injury or loss Is sustained to all or part of the Collateral, whether or not covered by insurance or warranty, or any action or proceeding relating to any such damage, injury, or loss is commenced; or Oil any offer is made, or any action or proceeding is commenced, that relates to any actual or proposed condemnalion or taking of all or part of the Collateral. Ccnslniclion Deed of TIVSI (WA) -Loan No. 700306/11 NO: 20411.01006 4al0-li667-i06&Y4 Page 15 20140623000705.015 6.6.3. Pursuit of Claims. Borrower shall pursue recovery of all such Claims and defend its rights under any proceeding for condemnation of the Collateral or any part thereof and prosecute the same with due diligence to its final disposition, and shall cause any awards or settlements to be paid over to Lender for disposition pursuant to the terms of this Deed of Trust. Lender may, at Lender's option and in Lender's sole discretion, as attomey-in-fact for Borrower, make proof of loss and adjust and compromise any Claims, appear in or prosecute any action or proceeding to enforce the Claims, or participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral, and may join Borrower in adjusting any loss covered by insurance. Borrower shall deliver or cause to be delivered to Lender such instruments as may be requested by Lender from time to time to permtt Lender to take any such actions. 6.6.4. Application of Proceeds. All proceeds of the Claims that Borrower may receive or be entided to receive shall be paid to Lender. Lender shall apply any proceeds received by it hereunder first to the payment of the reasonable costs and expenses incurred in the collection of the proceeds. Lender shall then apply the remaining balance of such proceeds (the "Net Claims Proceeds", in its absolute discretion and without regard to the adequacy of its security: (i) to any of the Secured Oblillations, notwithstanding the fact that Secured Obligations may not be due according to the terms thereof; (ii) to reimburse Borrower for the costs of reconstructing the Improvements or otherwise repairing or restoring the Collateral; or (iii) to Borrower. Notwithstanding the foregoing, if there are no outstanding Events of Default under any of the Loan Documents and Borrower establishes, to Lender's reasonable satisfaction, that Borrower has sufficient funds, including the Net Claims Proceeds, to fully rebuild or repair the Collateral within the remaining term of the Loan and without delaying the completion date of the Projec~ Lender shall make disbursements of the Net Claims Proceeds for purposes of repair or restoration of the Collateral in accordance with disbursement procedures and subject to disbursement conditions acceptable to Lender. If, after applying the Net Claims Proceeds to the Secured Obligations, Lender reasonably determines the remaining Collateral to be inadequate to secure the remaining Secured Obligations, Borrower shall, upon written demand from Lender, repay an amount that will reduce the remaining Secured Olligations to a balance for which adequate security is present. 6.6.5. Restoration. Whether or not Net Claims Proceeds are disbursed for reconstruction, restoration, or repair of the Collateral, Borrower shall promptly and diligenfly restore the Collateral to the equivalent of its condition immediately prior to the casualty or condemnation in accordance with the Plans or to such other condition as Lender may approve in writing. 6.7. Reserves for Taxes and Insurance. If required by Lender following an Event of Defau~, Borrower shall deposit with Lender, in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual Impositions and Insurance premiums for the Project. In such event, Borrower shall cause all bills, statements, or other documents relating to the Impositions and Insurance premiums to be sent or mailed direcity to Lender. Upon receipt of such b~ls, statements, or other documents, and provided Borrower has deposited sufficient funds with Lender pursuant to this Section, Lender shall pay such amounts as may be due thereunder out of the funds so deposited with Lender. If at any time and for any reason the funds deposited with Lender are or will be insufficient to pay such amounts as may then or subsequently be due, Lender shall notify Borrower and Borrower shall immediately deposit an amount equal to such deficiency with Lender. Notwithstanding the foregoing, nothing contained herein shall cause Lender to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Lender pursuant to this Section. Lender may commingle said reserve with its own funds and Borrower shall be entitled to no interest thereon. 6.S. Maintenance and Preservation 01 the Collateral. Borrower covenants: (a) to maintain and preserve the Collateral in good condition and repair and in a prudent businesslike manner; (b) not to Construction Deed of Trust (WA) -L08/J No. 70030691 NO: 20411.Q11106 481Q.6667~1I66v4 Page t6 20140623000705.016 20140623000705.017 remove, demolish, or s!ructurally a~er the Collateral or any part thereof, or a~r, restore or add to the Collateral, or initiate or allow any change in any zoning or other land use classification that affects the Collateral or any part of it, except with Lender's express prior written consent, and except such alterations as may be required by laws, ordinances, rules, regulations, or orders of governmental authorities or by the terms hereof; (c) to comply with and not suffer violations of any existing or future subdivision laws, building codes, zoning laws and regulations, and other laws, regulations, ordinances, rules, codes, orders, directives, guidelines, building restrictions, and requirements of, and all agreements with and commitments to, all federal, state, county or municipal govemmental, judicial or legal authorities or agencies having jurisdiction over Borrower or the Project, including those pertaining to the conslruction, sale, lease, or financing of the Improvements, and all recorded covenants and restrictions affecting the Project; (d) not to commit or perma any waste to or deterioration of the Collateral; (e) to pertorm all other acts that from the character or use of the Collateral may be reasonably necessary to maintain and preserve its value; (~ to pertorm all obligations required to be performed under the Loan Documents, and all other obligations of Borrower pertaining to the Collateral; and (g) to execute and, where appropriate, acknowiedge and deliver such further ins!ruments as Lender or Trustee may deem necessary or appropriate to preserve, continue, pertect and enjoy the security provided for herein. 6.9. Delense and Notice of Actions; Costs. Borrower shall, without liabitity, cost, or expense to Lender or Trustee, protect, preserve, and delend Borrower's fee interest in and to the Project and Borrower's interest in the Collateral, the security of this Deed of Trust, any add~ional or other security for the Secured Obligations, and the rights or powers 01 Lender or Trustee hereunder against all adverse claims. Said protection, preservation, and defense shall include, but not be limited to, protection, preservation and delense against all adverse claimants to and encumbrancers of Borrower's interest in the Collateral, whether or nol such claimants or encumbrancers assert an interest paramount to that 01 Lender. Borrower shall give Lender and Trustee prompt notice in writing of the filing of any such action or proceeding. Borrower shall pay all costs, fees, and expenses including, without limitation, costs of evidence of title, trustees' fees, and reasonable attomeys' fees paid or incurred In any action or proceeding in which Lender and/or Trustee may appear or be made a party, whether or not pursued to final judgment, and in any exercise of the power of sale or other remedy contained herein, whether or not such sale is actually consummated or such other remedy is actually prosecuted to completion. 6.10. Right 01 tnspectlon. Lender, its agents, employees and representatives shall have the right 10 enter the Project at any reasonable time for the purpose 01 inspecting the Project and ascertaining Borrower's compliance with the terms hereof, and for such other purposes and in accordance with the terms specified in any of the other Loan Documents. 6.11. Accounting. Borrower shall keep and maintain or will cause to be kept and maintained, in accordance with sound accounting practice, accurate books and records relating to the Project. Borrower shall permit Lender to examine all books and other records 0/ Borrower or related to the Project at such reasonable times and intervals as Lender may desire. Following an Event 01 Default Lender may cause an aud~ to be made of Borrower's books and records, at Borrower's sole cost and expense. 6.12. Actions of Trustee; MaUera Concerning Trustee. Trustee accepts this !rust when this Deed of Trust, duly executed and acknowledged, becomes a public record as provided by law. 6.12.1. Compensation. Borrower agrees to pay fees in the maximum amounts legally permitted, or reasonable fees as may be charged by Lender and Trustee when the law provides no maximum limit, for any services that Lender or Trustee may render in connection with this Deed of Trust. Borrower further agrees to payor reimburse Lender for all costs, expenses and other advances that may be incunred or made by Lender or Trustee in any efforts to enforce any terms of this Deed oITrust, whether any lawsu~ is filed or not or in defending any action or proceeding arising under or relating to this Deed of Trust, CooslnJclion Deed 0/ TIIJSI (WA) -Loan No. 70030691 NO: 20411.01006 481~7_ Page 17 including attorneys' fees and other legal costs. costs of any Foretiosure Sale (defined below) or bankruptcy proceeding affecting the Borrower or the Collateral, and any cost of evidenoe of titte. 6.12.2. Exculpation. Lender shall not be directiy or indirectly liable to Borrower or any other person as a consequenoe of: (i) Lender's exercise of or failure to exercise any rights, remedies, or powers granled 10 il in this Deed of Trusl or to perform or discharge any obligation or liability of Borrower under any agreement related to the Collateral or under this Deed of Trust; or (ii) any loss sustained by Borrower or any third party resulting from any act or omission of Lender in managing the Project. unless the loss is caused solely by the willful misconduct or gross negligenoe of Lender. Borrower hereby expressly waives and releases all liability of the types described above, and agrees that no such liab~ity shall be asserted against or imposed upon Lender. 6.12.3. Indemnification. Borrower agrees to indemnify Trustee and Lender against, defend with counsel selected by Trustee or Lender for their respective defenses, and hold each of them and their respective offioers. employees. agents, and representatives, harmless from and against any and all losses. damages. liabilities, claims, causes of action. judgments, court costs. attomeys' fees, and other legal expenses, cost of evidenoe of mia, cost of evidenoe of value. and other costs and expenses that either may reasonably suffer or incur: (i) in performing any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law; (ii) because of any Event of Default or other failure of Borrower to perform any of its Secured Obligations; or (iiij because of any alleged obligation of or undertaking by Lender to perform or discharge any of the representations, warranties. conditions, covenants or other obligations in any document relating 10 the Ccllateral other than the Loan Documents. This agreement by Borrower to indemnify Trustee and Lender shall survive the release and canoellation of any or all of the Secured Obligations and the full or partial release and/or reconveyanoe of this Deed of Trust. 6.12.4. Payment by Borrower. Borrower shall fulfjl al obligations to pay money arising under this Section immediately upon demand by Trustee or Lender. Each such obligation shall be added to, and considered to be part of, the prinCipal of the Nole, and shall bear interest from the date the obligation arises at the rate applicable to the principal balanoe of the Note, as such rate may be adjusled. 6.13. Permitted Actions. 6.13.1. Releases, extensions, Modification, and Add~ional Security. From time to time, Lender may perform any of the following acts without incurring any liability or giving notice to any person: (i) release any person liable for payment of any Secured Obligation; (ii) extend the time for payment. or otherwise affer the terms of payment, of any Secured Obligation; (iO) accept additional real or personal property of any kind as security for any Secured Obligation; or (iv) aker, subsmute. or release all or any portion of the Collateral. 6.13.2. Additional Actions. From time to time Lender, or Trustee when requested to do so by Lender in writing, may perform any of the following acts without incurring any liability or giving notice to any person and without affecting the personal liability of any person for payment or performance of any of the Secu red Obligations: (i) consenl to the making of any plat Of map of the Project or any part of ~; (ii) join in granting any easement or creating any covenant or restriction affecting the Project; (iii) join in any extension, subordination, or other agreement affecting this Deed of Trust or the lien of it; or (iv) reconvey the Ccllateral or any part of ~ without any warranty. 6.14. Partial Reconveyance/Partial Release. Upon Borrowers fulfillment of all of the terms and conditions set forth in the Loan Agreement for a partial release of the Collateral, including, without limitation, payment of the applicable release prioes set forth in the Loan Agreement, Lender will direct Trustee to execute and deliver a partial reconveyanoe or partial release releasing from the lien of this Deed of Trust each of the separate legally conveyable lots or paroels that collectively constitute the Land. CoIlstlliClioti Deed of Trost (WA}-LoBn No. 70030/i91 00: 20411.01006 4lI1~7·9066Y4 Page 18 20140623000705.018 20140623000705.019 6.15. Full Reconveyance. When all of the Secured Obligations have been paid and performed in full and there exists no defaufi under the Loan or any Related Loan, Lender shall request Trustee in writing 10 reconvey the Collaleral, and shall surrender this Deed of T rusl and aU noles evidencing Ihe Secured Obligations 10 Trustee. When Truslee receives Lende(s written request for reconveyance and all reconveyance fees, recording fees, and olher fees and expenses owing 10 il by Borrower hereunder, Trustee shall reconvey the Collateral, or so much of il as is then held under this Deed of Trust, without warranty to the person or persons legally entitled to~. In the reconveyance, the grantee may be described as 'the person or persons legally entitled thereto,' and the recitals of any matl&rs or facts shall be conclusive proof of \heir lruthfulness. Ne~er Lender nor Trustee shall have any duty to determine Ihe right of persons claiming to be rightful grantees of any reconveyence. 6.16. Lete Charge. If Borrower fa~s to make any paymenl of an amount due and payable under this Deed of Trust, a late charge as specified in and measured by the Note may be charged by Lender for the purpose of defraying the extra administrative expenses incident to handNng such delinquent payment and the loss of the use of funds resulting from Borrower's non-payment when due. Such late charge shall be paid w~out prejudice 10 the rights of the holder of the Note to collect any other amounts provided to be paid thereunder. 6,17, Subrogation. Lender shall be subrogated to the Dens of all encumbrances, whether released of record or not, that are discharged in whole or in part by Lender in accordance with this Deed of Trust or with \he proceeds of \he Loan. 6,18. Notice of Change. Borrower shall give Lender prior written notice of any change in: (i) the location of its place of business or its chief executive office if ~ has more than one place of business; (ii) the location of any of the Collateral, including the Books and Records; and (iiQ Borrowe(s name or business structure. Unless approved by Lender in writing, aM Collateral that consists of personal property (other than the Books and Records) will be located at the Project and all Books and Records will be located at Borrowe(s place of business, or chief executive office W Borrower has more than one place of business. 6.19. Substitution of Trustee, Lender may appoint a successor lrustee by an inslrument executed and acknowledged by Lender and recorded In the county in which this Oeed of Trust is recorded, and upon such recordation, the successor trustee shall become vesled with the same powers, rights, duties, and authority of the Trustee with the same effect as if originally made Trustee hereunder. ARTICLE 7. DEFAULTS AND REMEDIES 7,1, Events of Default. The occurrence of any one or more of the following shall constitute an "Event of Default": 7.1.1. Payment Default. Borrower's faik.tre 10 make any payment when due under the Note or any of the other Loan Documents within fifteen (15) days after such payment is due, except for obligations due on the Maturity Date, for which there shall be no grace period. 7.1.2. Default at Matumy. Borrowe(s failure 10 pay all remaining principal, accrued unpaid interest, or any other amounts outstanding under the Loan Documents in full on the Maturity Date. 7.1.3. Non-Payment Defaults. Borrowe(s failure 10 perform any other covenant, agreement or obfigation to be performed by Borrower under this Agreement or any of the other Loan Documents, and such fa~ure is not cured within thirty (30) days after written notice thereof has been given by Lender 10 Borrower (or if the failure is such that the cure cannot be completed within said thirty (30) day CoostnIcfioI1 Deed 01 Trust (WA) -Loan I/o. 70030691 NO: 2U4'1.0'OO6 431Q.0607-9066v4 Page 19 period, fanure by Borrower to commence the cure within said thirty (30) day period and thereafter continue the cure with diligence and complete the cure within ninety (90) days after such written notice). 7.1.4. Unauthorized Tran5fer. A transfer, purported transfer, or change of ownelShip or control of Borrower or any Guaranlor in violation of Article 8. 7.1.5. Insolvency. Borrower or any Guarantor files a voluntary petition in bankruptcy or such a petition is filed against Borrower or any Guarantor. or Borrower or any Guarantor files any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation. dissolution or similar relief for itself under any present or future federal. state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtolS; or Borrower or any Guaranlor consents 10 or acquiesces in the apPOintment of any trustee, receiver or liquidator of Borrower, any Guarantor, or of all or any part of the Project. or of any or all of the royalties, revenues. rents, issues or profits thereof, or makes any general assignment for the benefit of cred~ors, or admits in writing its inabil~ to pay its debts generalty as they become due. 7.1.S. Appointment of Receiver. A decree or order is enlered for the appoinbnenl of a trustee, receiver, or liquidator for Borrower or any Guaranlor or any of the Collateral. 7.1.7. Permitted Encumbrances. Borrower defaults under, violates, or fails to comply with the terms of any Permitted Encumbrance; 7.1.S. Money Judgment. A final judgment, order or decree for the payment of money shall be rendered against Borrower or any Guarantor, and Borrower or such Guaranlor sha~ not satisfy and pay the same or cause it to be discharged w~hin 30 days from the entry thereof, or shall not appeal therefrom and secure a stay of execution pending such appeal, or there is an attachment, execution. or other judicial seizure of any portion of the assets of Borrower or any Guarantor and such seizure is not discharged or bonded against to Lende(s reasonable satisfaction w~in thirty (30) days. 7.1.9. Misrepresentation. Any representation or disclosure made 10 Lender by Borrower or any Guarantor proves 10 be materially false or misleading when made, whether or not that written representation or disclosure is contained herein or in any of the other Loan Documents. 7.1.10. Security Impaired. There is an uninsured casualty with respect to any material portion of the Collateral and Borrower fails to immediately repair such damage, Borrower fails to satisfy the conditions set forth in the Deed of Trust for the release of insurance proceeds or any condemnation award, or. whether or not Lender has received and applied insurance proceeds or any condemnation award 10 the Secured Obligations in aocordance w~ the Deed of Trust, Lender reasonably determines that ~ security is impaired by such casualty or condemnation and Borrower fails to immediately deposit in Borrowe(s Account an amount determined by Lender as necessary to reslore such security. 7.1.11. Defaults Under Agreements with Third Parties. Borrower defaults in the performance of any material covenant under any permitted financing related to the Project, or under any sales agreement. lease. or other instrument assigned to Lender as security for the Loan. 7.1.12. Other Defaults Under Loan Documents. Any other Event of Default occurs under the Loan Agreement or any of the other Loan Documents. 7.1.13. DefauH Under Related Loan Documents. An Event of Default occurs under any of the Related Loans. 7.2. Rights and Remedies. At any time after the oocurrence of an Event 01 Default hereunder, Lender and/or Trustee shall have al of the rights and remedies described below. in addition to any other rights and remedies of Lender under the Loan Agreement, the other Loan Documents. or the ecnstruction De6dofTrusl {WA)-LOBfI No. 70030691 NO: 20411.01006 4310-1l667·9066v4 Psge20 20140623000705020 Related Loan Documents. To the fullest extent permitted by law. all of such rights and remedies shall be cumulative and the exercise of anyone or more of them shall not constitute an election of remedies: 7.2.1. Receiver. If an Event of DefauH shall have occurred and be continuing. Lender may. as a matter of right and without regard to the then·current value of the Collateral or the interest of Borrower therein or the sufficiency of the security for repayment and performance of the Secured Obligations. upon ex parle application and without notice to Borrower or anyone claiming under Borrower. and without any showing of insolvency. fraud or mismanagement on the part of Borrower. and without the necessity of filing any judicial or other proceeding other than the proceeding for appointment of a receiver, apply to any court having jurisdiction to appoint receivers for appointment of a custodial or general receiver (at Lender's sole election) for the Collateral or any portion thereof. and of the Rents, Issues and Profits. Borrower hereby irrevocably consents and agrees to the appointment of a custodial reoeiver or general receiver with power of sale upon any Event of Defaull. Any such receiver shall have the usual powers and duties of receivers in like or similar cases. all the powers and duties of Lender set forth in this Deed of Trust or any of the other Loan DOClJments, and. in the case of a general receiver, a right to sell the Project. Employment by lender shall not disqualify a person from serving as reoeiver. 7.2.2. Cure; Protection of Security. With or without notice, and without releasing Borrower from any obligation hereunder, lender may (but shall not be obligated to) cure any breach or default of Borrower and, if it chooses to do so in its sole discretion, make such advances and do any and all other things that it may in ns sole discretion consider necessary and appropriate to protect its Collateral and the security of this Deed olTrust. In addition to and withoutlimitation of the foregoing. if Borrower has failed to keep or perform any covenant whatsoever contained in this Deed of Trust or the other Loan Documents, Lender may, but shall not be obligated to any person to do so, perform Of attempt to perform said covenant, and any payment made or expense incurred in the performance or attempted performance of any such covenant shall be and become a part of the Secured Obligations, and Borrower promises, upon demand. to pay to Lender. at the place where the Note is payable, all sums so advanced or paid by Lender. wnh interest from the date when paid or incurred by Lender at the defauU rate of interest provided in the Note. No such payment by lender shall constitute a waiver of any Event of Defaull. In addition to the liens and security interests hereof, Lender shall be subrogated to al rights, tiUes, liens, and security interests securing the payment of any debt, claim, tax, or assessment for the payment of which Lender may make an advance, or which lender may pay. 7.2.3. Entry. Lender, in person, by agent, or by court·appointed receiver. with or wnhout bringing any action or proceeding, may terminate Borrower's right and license to collect the Rents, Issues and Profits and to administer the leases, and enter. take possession of. complete construction on, manage and operate, and lease or sell, all or any part of the Collateral, and may also do any and all other things in connection with those actions that Lender may in its sole discretion consider necessary or appropriate to protect the security of this Deed of Trust or that are otherwise pennitted to be taken or conducted by lender under the Loan Agreement. If Lender so requests, Borrower shall assemble any Collateral that has been removed from the Project and make all of it available to Lender at the project site. The entering upon and laking possession of the Project. the collection of the Rents, Issues and Profrts and the application thereof, or any of such acts, shall not cure or waive any default or notice of default hereunder or inva6date any other right or remedy that Lender may have in response to such default or pursuant to such notice and, notwithstanding the continued possession of the Project or the collection. receipt. and application of the Rents, Issues and Profits by Lender, Trustee, or Lende(s receiver or agent, Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Documents or by law upon the occurrence of any Event of Default. CoosIrodion Deed oITI1I$I (WA)-Loan 110. 70030!I91 NO: 20411.01006 4B11J.661i7·00Ii6'I4 Page 21 20140023000705.021 7.2.4. Uniform Commercial Code Remedies. Wrtli respect to all or any pert of the Collateral that constitutes personal property, Lender shall have all of, and may exercise any or all of, the rights and remedies of a seCllred party under the Uniform Comercial Code in effect in the Project State. 7.2.5. Judicial Action. Lender may commence and maintain an action or actions, at law or in equity, in any court of competent jurisdiction, to enforce the payment and performance of the SeCllred Obligations (inCluding, without limitation, to obtain specifIC enforcement of the covenants of Borrower hereunder, and Borrower agrees that such covenants shall be specifical~ enforceable by injunction or any other appropriate equitable remedy), to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Collateral, and to have all or any part of the Collateral sold under the judgment or decree of a court of competent jurisdiction. Borrower hereby waives the defense of laches and any appliceble statute of limitations. If this Deed of Trust is foreclosed by judicial action, and the Collateral sold at a foreclosure sale, the purchaser may, during any redemption period allowed, make such repairs or alterations on the Land as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid together w~h interest thereon from the time of such expenditure at the lesser of the default rate under the Note, or the maximum rate permitted by law, shall be added to and become a part of the amount required to be paid for redemption from such sale. In addition, Lender will be entitled to a judgment providing that, if the foredosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the deficiency. 7.2.6. Realization on Security. Lender may resort to and realize upon or waive the security hereunder and any other seC\lrity now or hereafter held by Lender in such order and manner as Trustee and Lender or either of them may, in their sole discretion, determine; which resort to such security may be taken concurrently or successive~ and in one or several oonsolidated or independent judicial actions or lawfully taken non-judiCial proceedings, or both. 7.2.7. Power of Sale. Lender may execute a written notice of such Event of Defaun and of its election 10 invoke this power of sale to cause all or part of the Collateral to be sold to satisfy the Secured Obligations. Under this power of sale, Lender shall have the discretionary right to cause some or all of the Collaleral, including any Collateral property that constitutes personal property, to be sold or otherwise disposed of in any oombination and in any manner permitted by applicable law. 7.2.7.1 Sales of Personal Property. For purposes of this power of sale, Lender may elect to treat as personal property any Collateral property that is intangible or that can be severed from the Land or Improvements without caUSing structural damage. If ~ chooses to do so, Lender may dispose of any personal property separa~ from the sale of real property, in any manner permitted by the Uniform Commercial Code in effect in the Project State, including any public or private sale, or in any manner perm~ by any other applicable law. Lender shall have no obligation to clean-up or otherwise prepare any such Collaterat for sale. Any proceeds of any such disposition shall not cure any Event of Defaun or reinstate any Secured Obligation. 7.2.7.2 Trustee's Sates of Reat Property or Mixed Collaterat. Lender may also choose to dispose of some or all of the Collateral that consists solely of real property in any manner then perm~ by applicable law. In its discretion, Lender may also or attematively choose to dispose of some or all of the Collateral in any oombination consisting of both real and personal property, Iogether in one sale to be held in accordance with the law and procedures applicable to real property, if and as permitted in the Project State. Borrower agrees that such a sale of personal property constitutes a commercially reasonable sale of the personal property. For purposes of this power of sale, either a sale of real property alone, or a sale of both real and personal property together, will sometimes be referred to as a "TruslH's Sale". CIlnsIrucIion Deed of Tlllst (WA) -loan No. 70030691 NO: 20411.011106 4810-6li61-9066v4 Pogo 22 20140623000705.022 20140623000705.023 7.2.7.3 Trustee's Sale Procedures. Before any Trustee's Sale, Lender or Trustee shall give and record such notice of default and election to sell as may then be required by law. 'Nhen all legally mandated time periods have elapsed, Trustee shall sell the property being sold at a public auction to be held at the time and place specified in the notice of sale, and Lender may impose such terms and conditions of sale as are permitted or allowed by applicable law. From time to time in accordance with then applicable law, Trustee may, and in any event at Lende~s request shall, continue any Trustee's Sale by pubic announcement at the time and place scheduled for that sale, or may, in its discretion, give a new notice of sale. Also, Lender may from time to time discontinue or rescind any notice of default or notice of sale before f61y Trustee's Sale as provided above, by execuling and delivering to Trustee a written notice of such discontin uance 0( rescission. The exercise by Lender of such right of rescission shall not constitute a waiver of any Event of DelalAt then existing or subsequenUy occurring, or impair the right of Lender to execute and deliver to Trustee, as above provided, other declarations or notices of defauH to satisfy the Secured Obligations, nor otherwise affect any provision, covenant, or condition of any Loan Document or Related Loan Documents, or any of the rights, obligations, or remedies of Trustee or Lender hereunder or thereunder. 7.2.7.4 Bidding at Trustee's Sale. At any Trustee's Sale, Trustee shall sell to the highest bidder at public auction for cash in lawful money of the United States, unless other terms and conditions of sale are prescribed by Lender in accordance with and as permitted by applicable law. Any person, including, without limitation, BOfrower or Lender, may purchase at such sale, and Borrower hereby covenants to warrant and defend the tiUe of such purchaser or purchasers. Trustee shall execute and deliver to the purchaser(s) at such sale a deed or deeds conveying the property being sold without any covenant or warranty whatsoever, express or implied. The recitals in any such deed of any matters or facts, including any facts bearing upon the regularity or validity of any Trustee's Sale, shall be conclusive proof of their truthfulness. 1.2.8. Single or Multiple Foreclosure Sales. If the Collateral consiSts of more than one lot, parcel or nem of property, Lender may: (i) designate the order in which the lots, parcels andlor items shall be sold or disposed of or offered for sale or disposition; and Qij elect to dispose of the lots, parcels andlor ilems through a single consolidated sale or disposition to be held or made under the power of sale granted herein, 0( in connection with judicial proceedings, or by virtue of a judgment and deaee of foreclosure and sale; or through two or more such sales or dispos~ions, each of which may be separatefy noticed if so elected by Lender and permitted by applicable law; or in any other manner Lender may deem to be in its best interests (any such sale or disposition, a "Foreclosure Sale'). If ~ chooses to have m0(8 than one Foreclosure Sale, Lender at its option may cause the Foreclosure Sales to be held simultaneously or successively, on the same day, or on such different days and at such different times and places and in such order as ~ may deem to be in ~s best interests, all as may be permitted under applicable law. No Foreclosure Sale shall terminate or affect the lien of this Deed of Trust on any part of the Collateral that has not been sold until all of the Secured Obligations have been paid in full. 1.2.9. Releases, Extensions, Modification and Additional Security. Without affecling the liability of any person for payment of any of the Secured Obligations, Lender may make any agreement or take any action extending the maturity or otherwise allering the terms or increasing the amount of any of the Secured Obligations, and accept additional security or release all or a portion of the Collateral andlor other security for the Secured Obligations. 7.2.10. Acceleration Not Required. Lender may take any of the actions permitted under Sections 7.2.1 through 7.2.3 regardless of the adequacy of the security for the Secured Obligations, CtJns/nx:Iion Deed of Trust (WA)-Losn NtJ. 70030691 NO; 20411.01006 461~7·9066v4 Page 23 20140623000705.024 or whether any or all of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell has been given under this Deed of Trust. 7.2.11. Other Remedies. In addition to the foregoing, upon the occurrence of an Event of Default, Lender andlor Trustee shall have and may exercise any and all other rights and remedies available to them at law ()( in equity. The exercise or failure to exercise any right or remedy available to Lender or Trustee shall in no event be deemed ()( oanstrued to be a waiver or release of any rights or remedies of Lender or Trustee under the loan Documents or the Related loan Documents, or at law or in equity. 7.3. Payment of Costs, Expenses, and Attorneys' Fees. All oasts and expenses reasonably incurred by Trustee and Lender in enforcing the remedies available to them hereunder or otherwise protecting the Collateral or other rights or interests of Lender (including, without limitation, oaurt oasts and reasonable attomeys' fees, whether incurred in ~tigation or not, expenses for evidence of tiUe, appraisals and surveys and trustees' fees, and costs and fees relating to any bankruptcy, reorganization, or insolvency proceeding) shaD oanstitute an additional obligation of Borrower to Lender. Borrower shall immediately reimburse Lender and Trustee for all costs and expenses that lender or Trustee may incur by reason of, or arising out of, or in oannection with: (a) any Default (b) any action or proceeding in which lender or Trustee may appear or oammence to protect, preserve, exercise or enforce their rights, remedies or securily interests under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations secured by this Deed of Trus~ or which otherwise relates to the Project, including all appeals therefrom; (c) the performance of any act authorized or permitted hereunder, and (d) the exercise of any other rights or remedies under this Deed of Trust, or under any document or instrument evidencing the Secured Obligations secured by this Deed of Trust, or otherwise relating, to the protection of Lende(s or Trustee's rights and interest hereunder or under any document or instrument evidencing the Secured Obligaticns secured hereby, whether or not a suit or proceeding is instituted. Such oasis and expenses shall include without limitation the fees, charges and expenses of attomeys, engineers, acoountants, appraisers, expert witnesses, consultants and other professional assistants and advisors, oasis and expenses of searching records, examining tiUe and determining rights in, title to, or the value of, the Project. or the boundaries thereof, including but not limited to tiUe oampany charges, title insurance premiums, survey costs, publication oasis, and other charges incident thereto, all whether or not a suit or proceeding is instituted. Borrower agrees to and shall pay, immediately and without demand, all sums so expended by Lender or Trustee, together with interest from the date of expenditure, at the highest legal interest rate then payable under the Loan Documents, all of which sums plus interest shall constitute additional Secured Obligations secured by this Deed of Trust. 7.4. Remedies Not Exclusive. Trustee and/or Lender shall be entitled to enforce the payment and performance of any Secured Obligations and to exercise any and an rights, powers, and remedies under this Deed of Trust, any other Loan Documen~ or any Related Loan Docume~ notwithstanding the fact that some or allot the Secured Ob6gations may now or hereafter be otherwise secured. Trustee andlor Lender shall be entitled to enforce all such rights concurrently or separately, in such order and manner as they or either of them may in their absolute discretion determine. No remedy is intended to be exctusive of any other remedy, but each shall be cumulative and in addition to the others, to the fullest extent permitted by law. 7.5. Miscellaneous. 7.5.1. Lender may release, regardless of oansideration, any part of the Collateral without, as to the remainder, in any way impairing, affecting, subordinating, or releasing the lien or securily interests evidenoed by this Deed of Trust or the other Loan Docu ments or affecting the obligations of ConsllllClion Dee<! of Tiusl (WAJ -/.oan /OJ. 70030691 NO: 20411.011106 ~10<i667-91i66Y4 Pege 24 20140623000705.025 Borrower or any other party to pay and perform the Secured Obligations. For payment of the Secured Obligations, Lender may resort to any of the collateral therefor in such order and manner as Lender may elect.. No collateral heretofore, herewith, or hereafter taken by Lender shall in any manner impair or affect the collateral given pursuant to the Loan Documents, and all collateral shan be taken, considered, and held as cumulative. 7.5.2. Borrower hereby inrevocably and unconditionally waives and releases: (i) all benefits that might accrue to Borrower by virtue of any present or future law exempting the Collateral from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption, or extension of time for payment; (ii) notices of any Event of Default or of the exercise of any right, remedy, or recourse not explic~ly required under the Loan Documents; and (iii) any right to a marshaling of assets or a sale in inverse order of alienation. ARTICLEB. ASSIGNMENT B.l. No Assignment or Encumbrance Wrthoul Lender's Consent. Borrower acknowledges and agrees that the Secured Obligations are personal to Borrower and that the identity of Borrower and its members, shareholders, partners and employees, and of any Guarantors, and the relationship between Borrower and Lender, Borrower's creditworthiness, business expertise, financial condition, and continued control of the Collateral were material inducements upon which Lender relied in arranging the Secured Ob~gations. Accordingly, Borrower shall not, without Lenders prior written consent or as otherwise expressly permitted in the Loan Documents: (i) sell, convey, assign, encumber, or otherwise transfer any of its right, tiUe, or interest in and to the Collateral or any other Project asset, whether such transfer or encumbrance is voluntary or by operation of law, (ii) sell, assign, or transfer ~ interest as borrower under the Secured Obligations, or (iii) transfer any stock or other ownership interest that would cause a material change in the control of Borrower (excluding, however, transfers of the interests of limood partners or non· managing members of Borrower if such transfers do not materially diminish the pcwers of the general partner or manager of Borrower or otherwise cause a material change in the rights to manage and control Borrower). Any attempted assignment without such prior written consent shall be null and void, and of no effect, and shall also constitute an Event of Defaull B.2. Conditions 10 Approval of Assignmenl. As a condition of approving any assignment, Lender may impose such requirements and conditions as it determines are appropriate in its sole discretion, including, without flmMtion, the requirement that Borrower and the assuming party pay, in advance, any and all reasonable costs and expenses, including reasonable attomey's and acoountanrs fees incurred by Lender in connection therewith. No approval of any assignment will release Borrower from any liability under the Loan Documents without Lenders prior written consent, which consent may be freely withheld. B.3. Loan Due upon Prohibited Transfer or Encumbrance. Upcn any transfer, assignment, or encumbrance for which lende(s written approval is required but has not been obtained, the entire outstanding balance owing under the Note, ilcluding prinCipal, aocrued interest, and any other amounts owing under the Loan Documents shall become due and payable at Lende(s option, without any requirement for notioe or demand, and Lender may pursue any remedies granted to it under this Deed of Trust or any of the other Loan Documents. 8.4. Assignment and Participation by Lender. Lender shall have the right at any time and from time to time and upcn notice to Borrower, to aSSign or sell the Secured Obligations, andlor anyone or more participations in the Secured Obligations, or to include such obligations in a securitized pool of Construc/ionDfidolTfIISI (WAJ-LoenNo. 70030691 NO: 20411~1006 431iJ.6667·9066v4 Page 25 20140623000705.026 indebtedness, acx:ompanied by an assignment andlor delegation of any or all related rights or obligations of Lender under the Loan Documents, without the need for any form of oonsent from Borrower. ARTICLE 9, RIGHTS UNDER CONDOMINIUM LAWS AND CC&RS This Deed of Trust shall include the following rights in oonnection with any oondominium project or subdivision to be developed on the Land: 9.1. Security Interest In Rights Under Condominium Laws and CC&Rs. This Deed of Trust and Lender's security interest hereunder shall extend to all of Borrower's right, title, and interest in and to any and aU units. oommon elements, development rights, declarant rights and any other rights of Borrower in the Project now existing or subsequently arising under (i) all laws now existing or later enacted relating to oondominiums (oollectively, the 'Condomlnium Laws') and (ii) any oovenants, condmons, and restrictions or oondominium declaration governing the Project, as the same may be amended from time to time (collectively, the 'CC&Rs'). 9.2. Representations and Warranties. Borrower hereby represents, warrants, and agrees; 9.2.1. To provide Lender, upon request, with copies of (a) any CC&Rs, plat, or condominium survey map and plans ('Survey") affecting the Project. (b) any documents establishing or governing any oondominium association or homeowner's association for the Project (each an 'Association") or governing the actions of owners, including, without limitation, articles of inoorporation or b~aws of any Association, design guidelines, or rules and regulations adopted by the Association. and (c) any amendments to any of the foregoing (oollectively, the 'Governing Documents1; 9.2.2. If required by Lender, not to file, reoord, adop~ amend, or cause to be adopted, filed, reoorded, or amended, any Governing Documents without the prior written consent of Lender, which consent Lender shall not unreasonably withhold; 9.2.3. If required by Lender, to take those s1eps necessary to ensure thai all Governing Documenls for the Project oomply with the condominium requirements, ff applicable, of Ihe Federal Housing Administration, the VA, the applicable version of the Fannie Mae Selling Guide, and the applicable version of the Freddie Mac Single-Family SelieriServicer Guide; 9.2.4. To satisfy all obligations of, to make all payments due from, and to observe and perform all terms and conditions to be performed by, Borrower (whether as a unit owner; Association member, director, or officer; or declarant) under the Governing Documents, Condominium Laws, and other applicable law; 9.2.5. During any period of Borrowe~s declarant control, to cause the Association's officers and directors appointed by Borrower to comply with the Governing Documents and applicable law; 9.2.6. To prepare and liIe such annual reports and other documents as may be necessary to maintain entity registration of any Association oontrolled by Borrower or an affiliate of Borrower, in the state where the Project is located; 9.2.7. Not to take any action that would render the Project a 'conversion condominium' under applicable law; and 9,2.8. To pay all charges, including all common expense liabilities and assessments (special or general), insurance, taxes, and other items Borrower is or may later be responsible for paying under the Governing Documenls, Condominium Laws, or other applicable taws. ComtnJctkJn Deed 01 TIUSt (WA) -Loon No. TOO3OfiJ1 NO: 20411.01006 481~7·91166'1'1 Paye26 9.3. Proxy. Until such time as this Deed of Trust is fully reconveyed of record, Borrower pledges to Lender its vote and constitutes Lender as Borrower's proxy (which appointment is coupled with an interest) with sole right to vote upon: 9.3.1. any partition of aD or any portion of the Land subject to a condominium declaration; 9.3.2. the nature and amount of any insurance with respect to any such property and disposition of any proceeds thereof; 9.3.3. the manner in which any condemnation or threat thereof shall be defended or settled; 9.3.4. determination as to whether or not to restore or rebuild any portion of the Improvements; 9.3.5. assessment of any expenses other than routine periodic assessments; and 9.3.6. removal of all or any portion of the Land or Improvements from the proviSions of the Condominium Laws. Notwithstanding the foregoing, during the occurrence of any Event of Default, at Lende(s election, Borrower shall pledge to Lender its vote(s) and constitute Lender as Borrowe(s proxy (which appointment is coupled with an interest) with sole right to cast ~s vote(s) on all actions of any nature whatsoever submitted to a vote of the members of any Association goveming any portion of the Project. Borrower hereby authorizes Lender, as Borrowe(s attorney·in·fact, to execute and deliver any such proxy to the Association. 9.4. Autihorlzad Representative. Lender is hereby appointed Borrowe(s authorized representative (which appointment is coupled with an interest) for the inspection of books and records as provided in the condominium declaration andlor bylaws, which appointment is irrevocable until such time as this Deed of Trust is reconveYed of record as herein provided. 9.5. Notices, Etc. Borrower will provide, upon request of lender, true and correct copies ot 9.5.1. any notices to the members of the Association; 9.5.2. minutes of any Association meetings including owners meetings and Board meetings; 9.5.3. any statement of financial condition of the Association, including any budgets or proposed budgets; 9.5.4. any statement showing allocation of proportional occupancy, expenses and assessments issued to Borrower; 9.5.5. any notice of default issued to Borrower; 9.5.6. any Public Offering Statement prepared for the Project; and 9.5.7. any amendment or proposed amendment to the Governing Documents. 9.6. Payment of Common Expenses. Unless prohibited by law, lender or Trustee, ~her prior to, contemporaneously with, or subsequent to the foreclosure of this Deed of Trust, or while pending the expiration of any applicable redemption period subsequent to a judicial foreclosure and sale upon execution of the Project, may pay common expenses for which Borrower may be liable to an Association, and subsequent to such payments Lender shall have a lien without merger on the Project for the amount paid of the same poority as the lien of this Deed of Trust, Of if subsequent to sale or execution, said lien CMstructioo lle8d of Trust twA) -L0811 No. 70030691 NO: 20411.01006 4310.<667·90661'4 Psge27 20140623000705.027 shall be prior to any lien held by any redemptioner as defined by law. If Lender is the successlul bidder al any sale upon execution subsequent 10 a judicial foreclosure and oblains possessory righls 10 the Colialeral subject to redemption by the judgmenl debtor or redemption as defined by law, any paymenls made by the Lender or ils successor in interesl 10 satisfy condominium assessmenls levied and payable during the redemption period shall, in the event of any redemplion, be recoverable by Lender from the judgment debtor or ils successors in interest, or any redemptioner in the same manner as any other assessment or lax would be recoverable. 9.7. Required Consent of Lender. Borrower shall not except with Lender's prior written consent: 9.7.1. create or sell condominium unils in phases; Lender must Specifically approve the structure of any phasing plan and any amendmenls to the condominium declaration for the purpose of adding additional phases to a condominium project; 9.7.2. convert condominium units or any portion thereof into common elemenls; 9.7.3. part~ion or subdivide the Land or the Projee\; 9.7.4. take any action that would render the Project a 'conversion condominium' under applicable law; 9.7.5. consent to the abandonment or tennination of any condominium project, except for abandonment or termination provided by law in the case of SUbstantial destruction by fire or other casualty or in the case of taking by condemnation or eminent domain; or 9.7.6. consent to any material amendment to the Goveming Documenls, including, without lim~tion, any amendment that would change a condominium unit owne(s allocated interest in the common elemenls of a condominium. ARTtCLE 10. MISCELLANEOUS PROVISIONS 10.1. Additional Provisions. The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this Deed of Trust. The Loan Documenls also grant further righls to Lender and contain further agreements and affirmative and negative covenanls by Borrower that apply to this Deed of Trust and to the Collateral. 10.2. Re-Appralsal. Lender shall have the right to re-appraise the Collateral and require an immediate re-margining prepayment of the loan in acoordance w~ the terms and conditions of the Loan Agreement. 10.3. Umitatlon on Interest and Charges. Borrower agrees to an effective rate of interest that is the rate provided for in the Note, plus any additional rate of interest resulting from any other charges in the nature of interest paid or to be paid by or on behaW of Borrower, or any benefit received or to be received by Lender, in connection w~ the Secured Obligations. The interest, fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law. If any such interest, fee or charge exceeds the maximum, the interest, fee or charge shan be reduced by the excess and any excess amounls already collected from Borrower shall be refunded. Lender may refund such excess either by treating the excess as a prepayment of prinCipal under the Note or by making a direct payment to Borrower. The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents. ConsllllC1ilnDeedalTlIJSt(WA)-Loan No. 700J0691 HD: 20411.01000 4811).e667-9066114 Page 28 20140623000705.028 10,4. Permitted Contests. Borrower may contest or object in good faHh to the amount or validity of any tax, assessment, claim, demand, levy, lien, encumbrance, charge or notice of noncompliance asserted by a third party (collectively. a "CI,'m", but only in accordance wHh the following COIlditions: (i) Borrower shall filSt give wrillen notice 10 lender and deposit wHh lender a bond or other security satisfactory to lender in such amount as lender shall reasonably require, up to 150% of the amount of the Claim or other sum in controvelSY, and shall have demonstrated 10 lende(s reasonable satisfaction that no portion of the Collateral will be sold to satisfy the Claim prior 10 final resolution; (ii) Borrower shall promplly and diligently proceed 10 cause the Claim 10 be settled and discharged in a manner not prejudicial to lender or its rights hereunde~ (iii) if Borrower shall fail to proceed diligently to discharge the Claim, then, in addition to any other right or remedy of lender, lender may, but shall not be obligaled to, discharge the same, by paying the amount daimed to be due, or by depositing in court a bond or the amount daimed or otherwise giving security for such Claim, or in such manner as is or may be prescribed by law, at Borrowe(s expense; (iv) lender may employ an attorney or attorneys 10 protect Hs rights hereunder, and in such event, Borrower shall pay lender the reasonable attorneys' fees and expenses incurred by Lender, whether or not an action is actually commenced against Borrower by reason of any default hereunder; and (v) Borrower shall have provided such good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any legal proceedings then pending in connection wHh the Claim. 10.5. Cooperation. Borrower shall, upon request, cooperate with lender or Trustee 10 correct any defect, error or omission that may be discovered in the contents of this Deed of Trust or in the execution or acknowledgment hereof, and will execute, acknowledge, and deliver such further inslru ments and take such further actions as may be reasonably requested by lender or Trustee to carry out more effectively the purposes of this Deed of Trust. 10.6. Obligations of Borrower, Joint and Several. If more than one pelSOll has executed this Deed of Trust as Borrower, the obligations of all such persons hereunder shall be joint and several. 10.7. Severability. H any term of this Deed of Trust, or the application Ihereofto any person or circumstances, shall, to any extent, be invalid, void or unenforceable, the remainder of this Deed ofT rust, or the application of such term to pelSons or circumstances other than those as to which it is invalid, void or unenforceable, shall not be affected thereby, and each term of this Deed of Trust shan be valid and enforceable to the fullest extent permitted by law. H the lien of this Deed of Trust is invalid, void or unenforceable as to any part of the Secured Obligations, or if the lien is invalid, void or unenforceable as 10 any part of the Collateral, the unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partiaUy secured portion of such Secured Obligations, and atl payments made on such Secured Obligations shall be considered 10 have been first paid on and applied to the full payment of that portion of such indebtedness that is not secured or fully secured by the lien of this Deed of Trust. 10.8. No Waiver or Cure. No waiver or delay or omission in the exercise or enforcement by lender of any of its rights or remedies hereunder or under any of the other Loan Documents shall be considered a waiver of any subsequent application of, or right to enforce, such right or remedy, or of the right to enforce any other right or remedy of lender in another instance. Furthermore, no waiver of lende~s rights or remedies in one or more instances shall establish a course of dealing or other agreement that will bind Lender or prohibit lender from enforcing the terms of this Deed of Trust or any other loan Document in another instance. 10.9. Additional Security. If lender at any time holds additional security for any of the Secured Obligations, all such security shaD be taken, considered, and held cumulatively, and lender may enforce the sale thereof or otherwise realize upon the same, at its option, either before or concurrently with the exercise of any of its rights or remedieS hereunder or after a sale is made hereunder. The taking of ColIStruction Deed 01 Trust {WA} -LOIlfIIIo. 70030691 NO: 20411.01006 4810.6667-9066v4 20140623000705.029 additional securily, the execution of partial releases of the securily, or any exlension of the time of payment of the Secured Obligations shalf not diminish the force, effect, or lien of this Deed of Trust and shalf not affect or impair the liability of any maker, surely, or endorser for the payment of eny such indebtedness. 10.10. Imposition of Tax. For purposes of this Section, "Tax" me!Kls: (a) a specific lax on deeds of trust or on all or any part of the indebtedness secured by a deed of trust; or (b) a specific lax on the owner of the Colfateral covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on debt secured by the deed of trust; or (c) a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the note secured by the deed of trust; or (d) a specific lax (other than an income lax or a gross receipts lax) on all or any portion of the obligations secured hereby or on payments of principal and interest made by a grantor under a deed of trust If any Tax is enacted subsequent to the date of this Deed of Trust, enactment of the Tax shalf constitute an Event of Defaul~ and Lender may exercise any or all of the remedies available to it upon the occurrence of any Event of Default, unless the fonowing cond~ions are met: (i) Borrower can lawfully pay the Tax without causing any resulting econemic disadvantage or increase of tax to Lender or Trustee; and (ii) Borrower pays the Tax (including any tax on the payment made) w~in thirty (30) days after notice from Lender that the tax law has been enacted. 10,11. No Offset. Borrower's obligation to timely pay and perform alf obligations under the Note, this Deed of Trust, and the other Loan Documents shall be absolute and unconditional and shall not be affected by any event or circumstance; including w~out lim~tion any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Borrower or any Guarantor may have or claim against Lender or any other person or entity. The foregoing shall net constitute a waiver of any claim or demand which Borrower or any Guarantor may have in damages or otherwise against lender or any other person or entily; provided that Borrower shall maintain a separate action thereon. 10.12. Accommodations to Successors. The liabilily of the original Borrower shalf not be released or changed if Lender grants any successor in interest to Borrower any extension of time for payment, or modification of the terms of payment, of any Secured Obligation. Lender shalf not be required to comply with any demand by the original Borrower that Lender refuse to grant such an extension or modification to, or commence proceedings agai~ any such successor in interest. 10,13. Amendments, This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Borrower and Lender. 10.14. Successors in Interest. Subject to the lim~tions on transfer contained in Ihe Loan Documents, the terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. 10,15. Modification and Extensions. References to the Note, the Loan Agreement, the Loan Documents and the Related Loan Documents in this dccument shall be deemed to include all modifications, extensions, and renewals thereof. 10.16. Applicable Law, The provisions of this Deed of Trust shall be governed by and construed in accordance with the laws of the Project Slate, without regard to the choice of law rules of the Project Slate and except to the exlent that lederallaws preempt the laws of the Project State. 10.17. Merger. No merger shall occur as a resutt of Lender's acquiring any other estate in or any olher lien on the Collateral unless Lender consents to a merger in writing. 10.18. Waiver 01 Marshaling. Borrower waives all rights, legal and equitable, it may now or hereafter have to require marsha~ng of assets or to require upon foreclosure sales of assets in a particular Cci1s1nJclion Deed of Trust (WA) -Loan No. 10030661 NO: 20411.01006 481()%67.g066v4 Page 30 20140623000705.030 order. Each successor and assign of Borrower. including any holder of a lien subordinate to this Deed of Trus~ by acceptance of its interest or lien agrees that ~ shall be bound by the above waiver. as if it had given the waiver itself. 10.19. Waiver of Jury Trial. BORROWER AND LENDER HEREBY JOINTLY AND SEVERALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS INSTRUMENT AND TO ANY OF THE LOAN DOCUMENTS, THE OBLIGATIONS HEREUNDER OR THEREUNDER, ANY COLLATERAL SECURING THE OBLIGATIONS, OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. BORROWER AND LENDER EACH REPRESENTS TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN. 10.20. Notice of Indemnification. BORROWER HEREBY ACKNOWLEDGES AND AGREES THAT THIS DEED OF TRUST CONTAINS CERTAIN INDEMNIFICATION PROVISIONS WHICH, IN CERTAIN CIRCUMSTANCES, COULD INCLUDE AN INDEMNIFICATION BY BORROWER OF LENDER FROM CLAIMS OR LOSSES ARISING AS A RESULT OF LENDER'S OWN NEGLIGENCE. 10.21. Incorporation of Exhibits and Riders. The following Exhibits andlor Riders attached to this Deed of Trust are incorporaled herein and expressly made a part hereof by this reference: Exhibit A -Legal Description [Remainder 01 page intentionally left blank; signatures appear on the following page.] ConsInrcIion Desd of Trus1 (WA)-LDIln No. 70030691 NO: ~11.011106 481~I-11Q(16¥4 P89631 20140623000705.031 ·' ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Executed as of the day and year first written above. Grantor/TrustorlDebtori80rrower: GREENLEAF-lAROSA.llC, STATE OF WASHINGTON COUNTY OF K i ~ ss. a Washington limited liabHity company By CHG SF,l.l.C., a Washington limited liability company :~~ Name: Cha~es F. Conner Title: Manager State OrganizationallD No.: 603376103 I certify that I know or have satisfactory evidence that Cha~es F. Conner is the person who appeared bafore me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of CHG SF, L.L.C., the Washington limijed liability company that is the Manager of GREENLEAF-LAROSA, 1.1.C., a Washington limijed liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this ~ay of June, 2014 . . ,"""""'''''"11 i··'~I.' "" ,~,~" '\ i ~OT~. \ = "Ii"" ~ I i. ...... I ~ 111\ O'/~"\C. ~ ~~\Io. 1lI'.t = . \"~~I~I 09-\ ~.i ~o,:WAS~~/ ~".,~oII' Construclioo Deed of Tmst (WA)-LoBtl No. 7003J)6fJt NO: 20411.01008 481~7-9066..4 dnalt10 J-.-~ Printed Name sbl1l"h 5' NOTARY PUBLIC in and for the State of Washington, residing at MIN~ My Commission Expires 3 (q I jL\ 20140623000705.032 .' EXHIBIT A LEGAL DESCRIPTION OF LAND Parcel A: 008700~070·01 Lo17, Block 1, Ake(s Farms No.5, according to Ihe pial thereof, recorded In Volume 40 of Plals, Page 27, in King County, Washinglon. Parcel B: 008700~07~6 loiS, Block 1, Ake(s Farms No.5, according 10 Ihe pial thereof, recorded in Volume 40 of Plals, Page 27, in King County, Washington. Parcel C: 008700'()080-09 lot 9, Block 1, Ake(s Farms No.5, according to Ihe plat thereof, recorded in Volume 40 of Plals, Page 27, in King County, Washington; Except that portion described as follows: Commencing at Ihe Northeast oomer of said LoI9; Thence Soulh 88'16'39" West, alonglhe Northerly line of said lot, 135.17 feet, to the True Point of Beginning; Thence continuing South 8S'16'39" West, along said Northerly line, SO.OO feet; Thence Soulh 1'43'21" East 95 feet; Thence North 88'16'39" EasISO.aO feet Thence North 1°43'21" West 95 feet to Ihe True Point of Beginning. Parcel 0: 008700~8M8 That portion of lot 9, Block 1, Ake(s Farms No.5, according to Ihe plat !hereof, recorded in Volume 40 of Plats, Page 27, in King County, Washington, described as follows: Commencing at Ihe Norlheast comer of said Lot 9; Thence Soulh SS'16'39" WesL along !he Northerly line of said lot, 135.17 fee~ to Ihe True Point of Beginning; Thence continuing South SS'16'39" West. along said Northerly line, SO.OO feet; Thence South 1'43'21' East 95 feet; Thence North S8'16'39' East SO.OO feet Thence North 1'43'21" West 95 feet to Ihe True Point of Beginning. ConsJlUClion Deed 01 Trust (WA} -loan No. 70030691 NO: 20411.010116 4810-66ti7_ .. E,hibit A -Page 1 20140623000705.033 RECEIPT EG00027838 BILLING CONTACT CHARLES CONNER CHG SF LLC dba GREENLEAF -LA ROSA LLC 3001 MTN VIEW AVE N RENTON, WA 98056 REFERENCE NUMBER FEE NAME -----, .. -~.-~ .. . ILUA14-001139 I PLAN· Final Plat Fee I Technology Fee Printed On: 8/21J2014 Prepared By: Holly Powers -_ . TRANSACTION TYPE -_. I Fee Payment I Fee Payment Transaction Date: August 21,2014 PAYMENT METHOD iCheck ##1071 pheck ##1071 SUBTOTAL TOTAL AMOUNT PAID .- $1,500,00 $45.00 $1,545.00 $1,545.00 Page 1 of 1 EXISTING TREE TO BE RETAINED IE 12"0=422. / / SSMH ------'"":---> r Rlrd = 4-25.17 ~IE 8" (N) = 418,89 ilE 8" (E) = 419.29 SSIAH Rllo'! = 426.98 IE 8" (VI) ~ 420,03 IE 6" (SE) = 420.08 IE 8" (E) =, ';20,33 / IE 12"=42C,.98 PROPOSED RjPLACEMENT TREE irE 12"=432,78 , IE 12"=~33.15 / Rlr';,=.435.08 ,IE=425,85 IE 12"=435,37 ifC 8" ("'I) = "'J"I 64 l~_ , " I. '[:-n" (;:::'\ _ 4 '';;3 -5 IL c, ,_j -_' .... j '., "!'O.;1 , ~ ~,2:~~ ( -H?H '. ->.).;'tn TREEfl5 1t )I>~ew mEE 1/4 .lJl"(.;J),. ~3. , ~ TREEt/2 REPLACEMENT TREE PLANT SCHEDULE BOTANICAL NAME COMMON NAME OTY SIZE REMARKS TREES Cercidiphyllum japonicum Pyrus calleryana 'Chanticleer' Fraxinus americana 'Autumn Applause' Acer campestre 'Evelyn' Katsura* Flowering Pear* Ash" Hedge Maple* Serviceberry" Pacific SunsefMaple* 7 2" cal Full and Matching 16 2" cal Full and Matching 7 2" cal Full and Matching 8 2" cal Full and Matching 25 2" cal Full and Matching 10 2" cal Full and Matching 5 2" cal o () o o o I Amelanchier grandiflora 'Autumn Brilliance' Acer truncatum x A. plat. Warren's Red' Pseudotsuga menziesii Douglas Fir" Full and Matching 156 REPLACEMENT I PROPOSED REPLACEMENT TREE \ r;:<" PVC (" "I = .1.LO, ill \ " "" • "J" . 4" CPP (E) = 449.55 "\ E 4" PVC (S) = 449.52 \/ " I SSMH i RIM = <'-53.1:-1 f "-" • 1\ 1\ t;::; ,~~.,,_Ic. 6 ('''/ = .,4~.41 I,· 8" (~) = 4",-d.. t. :;:, . ,J. , ! .... , , .. H·· .. , i .... ----,...' ", -"'--'-\ I "j , , , ."; TRI;ESIZE) --"'-,--,.-"_., -~ TREE MATRIX TREE #1 22" DECIDUOUS REMOVE TREE #2 33" DECIDUOUS REMOVE TREE #3 13-DECIDUOUS REMOVE TREE #4 7" DECIDUOUS REMOVr;: TREE #5, 10· DECIDUOUS REMOVE TREE#6 10·,13" DECID. REMOVE TREE #7, 8" FRUIT REMOVE TREE #8 10' FRUIT REMOVE TREE #9 15" CEDAR REMOVE TREE #10 10",15",20" CEDAR,REMOVE TREE #11 8" DECIDUOUS REMOVE TREE #12 24" CEDAR REMOVE TREE #13 19" CEDAR REMOVE TREE #14 26" CEDAR REMOVE TREE #15 7" DOUGLAS FIR REMOVE; TREE #16 8" FRUIT REMOVE TREE #17 6" DECIDUOUS REMOVE TREE #18 6" DECIDUOUS REj'vIOVE TREE #19 8" MAPLE REMOVE TREE ip.O ' S", 6" MAPLE REMOVE TREE #21 10· MAPLE REMOVE TREE ~22 'J 1",10",9" MAPLE Rl;MOVE TREE #237" DECIDUOUS REMOV/:: TREE'1I;24 7" MAPLE REMOVE 12" DOUGLAS FIRRE,!MOVE 6" DECIDUOUS REMOVE TQII=I=,/n7, 6~ DEqlDUOUS REMOVE 6~ DECIDUOUS REMOVE "''-L~"'''''I_ 8" DECIDUQUSREMOVE " 7" DECiDUOUS REMOVE . 7" DECIDUOUS REMOVE , ,'DECIDUOUS REMOVE ! , , . DEGI,ouOU$ . REMOVE MAPLE ReMOVE ",12" DEClO. REMOVE REMOVE RETAIN RETAIN REMOYE MAF'~f REMOYI= DOUQLAS FIR, REMOVE ,7'\8" D~9!D. Rt;I\iIOVE 1",1?" MAel.-E R§MQ\1R 7" DECIDUOUS REMOVE: ,: '" . MAPLE,·" REMOVE' MAPLE} REMOVE DgE~~~~~~ ~~8g~ Douqt:AS FIR9fFSlTE DECIDUOUSQFFSITE CHEC' FOR COMPLIANCE TO CITY STANDARDS . -. ; ,~,', *Drought tolerant once established 78 Replacement Trees Required, 78 Provided =78 TWq"CAL.lPE!RtREI~SJ~RE "L.\'o("" """'--:', EXISTING TREE LEGEND It POST 10',0· Ii. PO,T DECIDUOUS TREE FRUIT TREE DOUGLAS FIR MAPLE CEDAR 1Re~. PRort:::C 1l0N .tI~fAlL. NOT TO SCALE TREE DATA AND SURVEY SOURCE: ESM CONSULTING ENGINEERS i, . , ~ ~ , ! f I , . I, Of filRIN{.; t?eyj;LOPM!:Nf. NO ~~IC«JN , PROlUf1ON, 6. Rt:f'!.tal ~P"'IR PROIeCilW feNC1r-¥.i~ IlfClJ'Ret7. 1.~Wf. NOree fiLLet7 ~curWl1HlNm: cxz Of iWfffl:~re9aJAllt7fOIlfMNN WiWIJr Pril~I:'eIJl;W""1W ClIY'5 QtVilfftJ m:e PIl.O!'tClloN ~S?lON."L f>W KiVNa. 'Mi/fIl;N ift'RfN1'l-fROM 1W ~Cf~. 8. 1"0 1W a!:i:All$H-)(llNf P?}c'f1C}l,.. UilLllY ~5 ~ ee WCAre!! QU1'$It?e Of ~ lWOfPiUJn:cllON ZQI--l: Of ffl:e5 fO'" 1$f~t7, txniNti ~1'l.If-SIEUNa ~ 1Ji; CXZ MAY , '" ~Ilftl /oN 1'l-1l1iNAilW. ~Jf 5fW.~ I.1:qJRe!!lW NiVf.NCe. 1WIf1lN tfP?fJ.11'l-Of ~ • !!ffiifOR. 9.m;e51W Otl-fRVUl:fAl1ON ro ee IlfffUtl:wLL '" F'f!OlWW ff!OM ~ONIW ~V'JNj;NfAllON, R-31292I , ' o 4080 160 SCALE 1"=40' .. 0" SHEHET SIZE 22"x34" BAR LANDSCAPE ARCHITECfS 3002 NW 68th St. Seattle, WA 98117 : , , : , ' , , I i' NO OATE DESQRIPUOI\II' 1 2 3 4 5 6 INITIAL DATE DRAWN JMV 21512014 EVIEWED JB 21512014, , , I TREE RETENTION PLAN 1 II 270F 33 SHEETS .. L I ~'l'<' ~jrl ·Ili " ' I. ll" '"I'~ III I !iri r., ,i. i' " " , , I i , ( " ' "" I I \ 1"-" " , , I \ 'i , I i I I \ I I. '1 I I \ \ , , 19 \ 18 \ . \ I \ I \ .--I \ II I I \ . , \ SCALE 1"=20' REPLACEMENT TREE PLANT SCHEDULE COMMON NAME BOTANICAL NAME -. " -' '. , . " _ ;,' ,_,' '_'" ", .. " _ i' ._.0-'"".::-.::-_>_'., ,..,:;:, ;~,,:;: . --~ ;;;I,,"'\"'k,,-r:R~I:::ZS~~ i!;&"(.,f&Vo'f-R,~t~!Il~i,:\*tA. fi~·'/'<" i};:{:'" """ l, !,~_ .. ,,_,h ~)t~,;,;~ .. I.' ... 'jiS7, <~'~;"'~; ·:'~~.:~~{~~'l::"i·~~;'~?7~'~~h~·.:··,\?r£", '::·S·!L~~.:~:'~ , , " , / •... C~rcldlphytlurn japonicurii" ................ , K~tsura* ~r~~)f~~= Pyruscalleryana 'Chanticleer' FI9wering Pear* , Fraxinus americana 'Autumn Applause' Ash" , Acer camp13stre 'Evelyn' Hedge Maple" Amelanchier grandiftora 'Autumn Brilliance' Servicebeuy* Acer truncatum x A. plat. 'Warren's Red' Pacific Sunset Maple" Pseudotsuga menziesii Douglas Fir" *Drought tolerant once established SEE SHEET 1.0 FOR REPLACEMENT fREE LOCATIONS PLANT SCHEDULE BOTANICAL NAME SHRUBS ~ Viburnum davidii Miscanthus sinensis Nandina dornestics (g Lavandula stoechas @ Euonymus fortunei 'Emerald n Gold' @ Azalea sp. 'Hino-Crimson' . ."....,~@~ Carex testacea ~ Arctostaphytlos uva-ursi 1-: -: -:-: -I Lawn Commou.Kame (;cnus &. Soccl.c::s ~t~~1·. tt~l~ " fbflN~fJljjlOl nbt~ "lklm~ . l1,wlCl t:ll1lr,t"- ).1 otmt'liil. UtHltIt! IJmmY.'; Itliir.:fn,uu:: COMMON NAME David Viburnum Maiden Grass Heavenly Bamboo Spanish . Lavender Euonymus Evergreen Azalea Copper Sedge Kinnildnnil< Cotot Gm,vth -. I' wa, II/a; I' 1\'01. , I' Tutil"tlll"ip.{rJ:-"'i IJt ... ,fr.lIt11~/:1 cm.~'i(Cr.-.7 lL'it.; I' BIl;CHn binmr Il(milli.:I(,'iH~ii ntuc I' W,IIIII;,\I;r (T,,:ir.l(I,/'l/:o I'l't"(/i Oral\.$'-.\ \\\~l'm 'Yanow • kliil("'"l milMhlir,m \\'birc I' B!=xi.,o{'rL,1 St".,I. 1l(f(III(,:r:;"~'~ IJlim \'dhl\\!lU;v;k I' hJlliu~ i J.I/"ui:/Ii /I(:n ·fJJ.Jh, n"K·jl ... illJ~ I' . DESClUPfION QTY 6 21 3 15 16 12 9 .% 60 12 I~ ~ 4 I 2 0.7 o.~ Western NaU,.., is a uni'lue blend of native gras""," and wildQowers formulated 10 beau- tify and naturalize your landscape by providing seasonal rolor, enhanced wildlife habitllt, lind nalurot soil stabiJization. Weslern Native will prmide a 10\\~maintenance) relatively ine.xpen- shoe, long lasting t and ~\1![-c11anging addition to any landscape or emironrnent . \Vcstcl'n Native is made up of 92% grasses and a% wildflowers native to Western \\,,'ash- ingtonr and is suited to any pJanting sile. we!):t oftlte C.1s('nde lIountains less thnn 3000 rt. eJe\-a- lion. ESfABUSHl\tEl\'T & IIIANAGEMENT Seeding rate: SIZE REMARKS 1 gal Full and Matching 1 gal Fuli arid Matching 29al Full and Matching 1 gal Full and Matching 2 gal Full and Matching 2 gal Full an(j Matching 1 gal Full and Matching 1 gal Full and MatchinglPlant30· O.c. I , . I I \ I I I , I I I , I 1 ·7 -_.-- , 1 6 . , . , , • , , 1' .. I. 70 ~ "~%'=4~5.1!~ , \~~-- 4. CONTRACTOR sHJiu. BE, ~~I~~~'f unUZING ON--cEtnER .S! SPECifiED BROW IN " 5. CONTRACTOR SHAlL THE DRAWINGS. 6. SUBGRAIlE IS TO;'~Trn;;£'AiittRiX:Ks' . CONSIRUCTION •• . 7 •. 10. I \ I I \ ..... , "', . ,:. 1 .. .. ~ .. .. ~ .. .. ~ r • • .. --~. "-~* .......... .. .. .. • .. --.-.. _ .. _~ w .. • .. .. ,. ................ ~ :~[f'-,,"-._ '. -.-... ~ ... I \ ! 1 2 I \ \. 4 I. I I ! . ~ -~~.-.- I . ' ""-....... ~cCc---------.-----' ---C--:.-- oj' , 1 .-.. ,- 1 '" 5 . . "i ENCOUIII£RED. CONTRActOR '·1-800-'424-"5555 N UtmL RNAL INSPEciiON AND ACCEPTANCE ~~o;j:t~=~:::li~=AS 9"IJlf;RI[! OTHERS •. ALL PLAtmNG AREAS TO BE CLfARED OF ALL IlW.lETER •. M.'NI'MUM OF 2" DEPlH ORGANIC MAlERIAt CULTIVATED IHTO . . . ... . . . .. 6' , f;;:P: .. & • ~~~~~~~~~~.'~~~' m ~ ~ -~ R -312 922 OR SIMl~ APPRO'IEQ MULCH. TRANSPI.J>NI' FERIlUZER '4-'-2-2 PERI,wnifACl'uRER'S SPECIRCAlIONS. sr,lJNOl<RDS FOR NURSERY srQCK, LATE:Sl EDmON. ANY ilLI;!"-'\!,1l:!Y IlEF'.RES~~i\TJIIE!> •• ,!YF'I<:Al Of i1!PIl SPECIES BR/lNCHED.'YiEU. SHAlL BE HARDY 1 , S C' l' 1--1 J,\l1 I R\ t l\;ll , !. 1 }~ I' ,----,L c" o " ~Llr:-8" ~E 6" {f. L K' Q'" ,';;::. "-'-" ~""'J - E: B" (,.':) = 445.34 10 1 1 ([\! ) fS) \ .. ~--' \} \ ("I) l \ LLLL5 Ii' ( I' • I II/I:)' 11' .J...+. __ "-+- ! I ~ l 4.LL <--, ". I ! ,J. ,-.-/ '.. . .... ,_ .... 7' ~. CHECKED FOR COMPUANCETO CITY STANDARDS . . eli Yi fu-b.--, /hzrr= o w ~ 00 SCALE 1 "=20· .. 0" SHEET SIZE 22"x34" LANDSCAPE ARCHITECTS 3002 NW 68th St. Seattle, WA 98117 JB LANDSCAPE. 28 OF 33 SHEETS ;: ; I • , . , . i! ' " Ii I' • " , , . , I ! I ]\1 f ,:1 ' . . ,: i , "1 , I "1 :,' :,' ; ." ~ r-E:XI~)TltIAT,~FF TO BE RETAINED N 88'16'20" E G54.41 ,------');,---8' T -posts (l1)etal fence posts), Paint poles black. Two per Tree. Remove after 2 years, Addt'l acceptable stake material wo.uld be 4" dia Hem-Fir wood stake . ;~~~.f~--~:~~ chain locI< tree tie F 2" depth water saucer around perimeter \ RemOl/e all burlap from rootball unless fragile root system , Remove all wire or other I~'+_~:' ;!'~~ from rootball ~ native soil, remove all debris over 2" In diameter. Ensure planting has good drainage. "Rclot ,defl:ecllor·f·c lr' Ire.1 es adjacent to sidewalks 2 X ROotball Diameter ~--Wa!er and firmly compact before planting TREE PLANTING DETAil NTS B&B or containemed -, shrub, typ, Set a.11 plants at ------.", nursery Iavel,typ, Mulch per landscape " notes, pull mulch 3" away from main stem Shrub planting pit Preparation", rootball depth & width 1'-0· additional sides SHRUB PLANTING DETAil NTS ~-Finish grade r-~ Remove container completely or remove burl;)p from top 213 of rootball, remove all wire and string ,-----Loosened native soil, remove all debris over 2" in diameter, ensure planting pit has good drainage .,__--Additional planting area preparation Per drawings _______ --Scarily pit all sides _--Undisturbed subgrade (provides firm base so that rootball Wi" not sink) Notes: 1, All groundcover shall be planted at equal triangular spacing with oncen!er spaclng as specified on planting plan 2, Lo~te groundcover one hall of specified spacing distance fromtjnV CUrb, s!dewalll',or other hard surface, unless otherwise speCified 1 ,-----Typical grou~d cover plant~ at nursery level I . ~7 _ _ ___ ...____-- 1:-- : I I \ I ! -I i \. '\ ' II I • i i \ i I I I \ I,. ,I 2 I I I • ' ' I I I I ' I j Ii" r-t-'-Mulch per notes, pull . '1" mulch 3" away from Finish grade main stem ~~~~ ~'?'d ~-+..."....~r~ew soil per notes ~~1p-Z::~-'-Lc)OSlen native soil, per specs See Plant Schedule '----t--u min, scatifled subgrade , . I GROUND COVERPLANT~NGD~TAIL I . I I \ \ I , \ , \ ", " I I !: 1 ' I . I , \ I i ! I ! I I I " I I . i 3 I 1 I I I I I R .. 172923 -------~ -------I I \~ ! \ 'jl I I :I I I I I \ 1 ,I r I 19 4 \ I r 18 ---- .. '. -,. ., .-. , . ,. , ~ " --. " . 5 , j' I , ' ! I , .. , I : I , I I . \ : I ! 17 16 CHECKED FOR COMPLIANCE TO CITY STANDARDS ow'· ~... .00 SCALE 1":20' .. 0" SHEET SIZE 22"x34" A LANDSCAPE ARCHITECTS 3002NW 68th St. Seattle, WA98117 ST~'i1:OI' #a: J .. ,., ...... . .. '~ CERTIFICATE NO. 400 JMV JB I LANDSCAPE PLAN !ill 29 OF 33 SHeerS