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/-JA�i,7TTT .... . . L 3S 3AV Hl"� > OW 0 0 m rn z < 6 M H 3N Id M13 CD. TI (a 13 0 0 ti 0 m 0 M CL %J CD 3s -k&wAntDoi4 3S Id OOVAAII o OW z WR 0E BE MITE OPEN DACE TRACf E ---------- - 14 P6 1 tF f ll p i 6 Afl o ;u m 0 m rn 0 18834 72NC AVENLi: g,)uT, WA �S��2 251 -h7R7 'M j_ QUADRANT HOMES BARBARA RODGERS 14725 SE 36TH ST. SUITE 200 Tille: ARY COVER PREIJMINR S FOR COPPERWOOD 6 CW BELLEVUE. WA 96006 7 WR 0E BE MITE OPEN DACE TRACf E ---------- - 14 P6 1 tF f ll p i 6 Afl o ;u m 0 m rn 0 18834 72NC AVENLi: g,)uT, WA �S��2 251 -h7R7 'M j_ QUADRANT HOMES BARBARA RODGERS 14725 SE 36TH ST. SUITE 200 Tille: ARY COVER PREIJMINR S FOR COPPERWOOD 6 CW BELLEVUE. WA 96006 CQPPERWOOD LUA14-000550 LND-------- BEING A PORTION OF THE NW1/4 OF THE SE1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON a,wcoL PMCEL PPiif:Fi DEDICAt10N I: F ,F�.... I c K1'„F 'r.._ .ME 9LL5CfUlll COIifVNA7KN, A MA3;IMf:iOM LOFPOPFlgN E: T� A.CKNOWLEXME41 CITY OF RENTON APPROVALS EASEMENTS AND RESERVATIONS RESTRICTIONS FCR CRNICAL AREA TRACTS A14D CR.7 CAL AREAS AND BUFFERS.- rri ` C o 4, rn v - Barghausen Consulting Engineers,inc. PART. NWtl4 OF SE114, SEC. 15, T23N-R5E, W.M. -_ EC. SHEET 1 OF 5 RECORDING CERTIFICATE LAND SURVEYOR'S CERTIFICATE .r,_ -F ]lK I }Poll I- LI�El .,h '�t UJS_FExJ�L 8h 'H I., t.I,[ WSION W�jl W"lil" "I I _C"7 -C PE� 4 -Hp �VEI. DR)4NNGE S'JCY NK P. I Al'U" " Fl�, •v.T. W _!— _F .E " *'V - z -M - qECCROU -EzEch WSELL mu 6-1�* #[I: k�m -M EEA-Ar'3N N ' N"'7 ANC :-.171 :- :ACEW[IT 'L�j �N �.S AnC : t , 31 pj -H .PN jA`4k- R:1-0,' k `-LOIL -ERV -��G L" ,'UI' "N(. ""�M 1,9T A�NFORWATM TABLE LOT# LOT IMM lAmRwxm�Lcrro, Lar SIZE 'UPERVIOW 'F 6 7, F x 1E 25-' sr SURVEY WORMATM -T :.n8- S.- 2-, i 34t -1, m -- BASi:E X DEAR"GS (kAc 93/9l: CT -r t 2Ia- 4 3 JG_ :F 3.25_ -F -M-- --4C4 :I- �F W. - '25- 7F F S' HE 5C -NIX2D RE KWRATWE. f 2 -2 -F ft R4 F,F 'C' 3C2 it = -'Bfi I- �4 AIL �h- I i'l" ,IAF -F {'p- -INENTr #'IL -[-VE Y. I. 2. 4 CDC SF A ANI n.IF'I;A RELA-,NSH— 13-,TWrEN -NE 4eNUV.- I 40C -F T N F 3 imE- Hc WPPIIAI"47% TIE RFSLL ML 2m ! ')AW f I -N: WIWF,R Al K-47, m4,f �11' -,F -.Coe - na F 3E 3.'2S tIA-ES OF SIRWY� 1! --�,!?L'0 5 F 5�r U �5 -,: �4-11 6 F rL. 117 4� WE "c6t I I: IN ml�� A 'Y�' I 1,.i E hJCU F 5151. ACK , 31-C 4E .HE 2u 2 SITE KrEKKE SJRYEYS L PLo C. EkACF -'WE E' -:'PIES VC M,iL WE PACE -F t SAE -F 3,%t F _4.75E 37- -F Zlk W:= 'c E00".. 22 S. !iF 9j arghausen E4P NOTE Consulting Engineers,inc. `[[[ W7KC 'G WEE_ -K NCNICUI 8-F �EOL,RNEH7� (5FECIFZ'ALLI 'ES_WC�r FCIS C. �SMC 'K [J" '* -CF �XFE: ;-CILr&C 74 �C*� OPES`00L� �UIERAGL 3' C PE I I YAL w1p ICT WPE�WL.i KDLCTC% --4L ALC eE �UjACt Tc INS -ALL A 'ClHECTI 3H �FS INC I' 'W, -1 CL 7UIW W -4N !I� CUE PE- F CCDE -%JrER K -.1 'C'; TWr f; 9E CSE P -I, �LN RKLIFEWEN 4PER%0�ul -CvEPK., -E� -L' I'E LFA'�kLtii 1W. MIN OF SEW, SEC. 15, TWIN, U. 'Co 751 n,I 'QF b5l MAI lwt�kUl CPAFXI _._ �c- -*,r N� -E L- IWE�Wl: IRD� Li�TEE I, � a - , C.P.j � K t� RERCE�l Cl -I LC' W� Jj L SHEET 2 OF 5 COPPERWOOD LUA14-000650 LND -------- BEING A PORTION OF THE NW1/4 OF THE SEII/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON FFrN - ;0 > rTl i=l 0 0 Z m rn z rliI SURVEY CONTROL (SECTION 15) .r,_ -F ]lK I }Poll I- LI�El .,h '�t UJS_FExJ�L 8h 'H I., t.I,[ WSION W�jl W"lil" "I I _C"7 -C PE� 4 -Hp �VEI. DR)4NNGE S'JCY NK P. I Al'U" " Fl�, •v.T. W _!— _F .E " *'V - z -M - qECCROU -EzEch WSELL mu 6-1�* #[I: k�m -M EEA-Ar'3N N ' N"'7 ANC :-.171 :- :ACEW[IT 'L�j �N �.S AnC : t , 31 pj -H .PN jA`4k- R:1-0,' k `-LOIL -ERV -��G L" ,'UI' "N(. ""�M 1,9T A�NFORWATM TABLE LOT# LOT IMM lAmRwxm�Lcrro, Lar SIZE 'UPERVIOW 'F 6 7, F x 1E 25-' sr SURVEY WORMATM -T :.n8- S.- 2-, i 34t -1, m -- BASi:E X DEAR"GS (kAc 93/9l: CT -r t 2Ia- 4 3 JG_ :F 3.25_ -F -M-- --4C4 :I- �F W. - '25- 7F F S' HE 5C -NIX2D RE KWRATWE. f 2 -2 -F ft R4 F,F 'C' 3C2 it = -'Bfi I- �4 AIL �h- I i'l" ,IAF -F {'p- -INENTr #'IL -[-VE Y. I. 2. 4 CDC SF A ANI n.IF'I;A RELA-,NSH— 13-,TWrEN -NE 4eNUV.- I 40C -F T N F 3 imE- Hc WPPIIAI"47% TIE RFSLL ML 2m ! ')AW f I -N: WIWF,R Al K-47, m4,f �11' -,F -.Coe - na F 3E 3.'2S tIA-ES OF SIRWY� 1! --�,!?L'0 5 F 5�r U �5 -,: �4-11 6 F rL. 117 4� WE "c6t I I: IN ml�� A 'Y�' I 1,.i E hJCU F 5151. ACK , 31-C 4E .HE 2u 2 SITE KrEKKE SJRYEYS L PLo C. EkACF -'WE E' -:'PIES VC M,iL WE PACE -F t SAE -F 3,%t F _4.75E 37- -F Zlk W:= 'c E00".. 22 S. !iF 9j arghausen E4P NOTE Consulting Engineers,inc. `[[[ W7KC 'G WEE_ -K NCNICUI 8-F �EOL,RNEH7� (5FECIFZ'ALLI 'ES_WC�r FCIS C. �SMC 'K [J" '* -CF �XFE: ;-CILr&C 74 �C*� OPES`00L� �UIERAGL 3' C PE I I YAL w1p ICT WPE�WL.i KDLCTC% --4L ALC eE �UjACt Tc INS -ALL A 'ClHECTI 3H �FS INC I' 'W, -1 CL 7UIW W -4N !I� CUE PE- F CCDE -%JrER K -.1 'C'; TWr f; 9E CSE P -I, �LN RKLIFEWEN 4PER%0�ul -CvEPK., -E� -L' I'E LFA'�kLtii 1W. MIN OF SEW, SEC. 15, TWIN, U. 'Co 751 n,I 'QF b5l MAI lwt�kUl CPAFXI _._ �c- -*,r N� -E L- IWE�Wl: IRD� Li�TEE I, � a - , C.P.j � K t� RERCE�l Cl -I LC' W� Jj L SHEET 2 OF 5 COPPERwooa LUA14-000550 LMD.-_ BEING A PORTION OF THE NW1f4 OF THE SEif4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON SPE -0- [<EpTI01vS ITFR lF5] gkhN[!1. -� INSI.PNltk Ir.Nt'w iIWL++siaN :.CP TEE. GFCE, Nt. 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I LNC SHEET 3 OF 5 LUA14.040550 COPPERwooD BEING A PORTION OF THE NW1/4 OF THE SEI/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON ''I — _ --_ - _ - "e"penl„ w"•�' _ - SE 2ND PLACE (AKA SE 136TH STREET) 46 ) 27 r - 28��.. 2 ; - 20�w ' .. wr 24 44 3 26 7" _. 30 49 W r w 24 31 _ W I10 42 tu 23 -aL� -_.._ �,�. 32 _I 6) F w a K W _ 41 0) 22 93 40 T 21 sn�x IV : = s.r^ 34 37 36 711 A — -- �-.---�`I rnecr o HM5 8E 3RD PLACE - 71 12 -: 13 14 = 16 F 10 _ 17 1E lm V - l-C.C'. t' Hk Bkh n, j I l M NI S '� E � �p E vck l wlr. WhC. W" I N� -'.'.i N. NI i_t� JAN 132a1s 1,1 j- 41 .E Ili .rCF--Y Wi. Cirr of*TON k4hlh}[,.,y0Cry a Bar�hausen Consulting Engineers,inc. F A MP EL f _bf L.- Lw �:k PORT. 1> A M SEV4, SEC. 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In BE 'E `WE INC .OLINTAR1 -0 DF SUC•T 'W" IFA 'E JSES AND aIRPO',,ES NENITINED Ix THE MrrhMCHT DATED THIS ----- DLY '.r — ------ '015 NOTAR) PUBLIC N AID FM '+E STATE '1F *k%MlI RESUMIC AT FRMED EME ..... .GaRv>"iCN ESPWES RECORDING CERTIFICATE .. .I. I " LAI.. -. •T� CITY OF RENTON APPROVALS T, Of 9ELI: J F-T,LENt EY.WNEG AFI[) 1PIROr UI ?W5 Lur DF CI'+ 7 RENiriN WYOR f A1NNCC MD L PIT TD ..0 pNT IF C� ;LERx CANTED MD aPPPfvfi MI: Dn Cf -41E 11, OF RENTON FIHANCF OIREI:TDR 4WE, I'EPTh THERE ARE N0 DELNOLENT iPE(u FISE'.WHTC ANG NL SECVA A55ESSYEWS :FR•4WI) TO THE ,STY HRUSURER TIP .CIifLTl)N UVI W1 RWJKE l HEPER CCNTAKr DEMATEC FOR STREETS. 41EK �Y .T11ER DUBM IgE WE PND N FULL EkAYNKS ANG APPG:EG 'H5—Da.:A __ 101E KING COUNTY APPROVALS x1NC iDL•NT• DEPWTxE.T ;u ASSESSNENTS EIAAkN INC —RCIEC ">•r; pA• 01—_—_O16. 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T(yRTT1yF., P-E'CNL'1CW5 2S% kk4E �NFEPaOuS CCWYXE PEP -^7 ME DRA.WE -ACIC'V -PS EEEH 52EC =CR 6`_R NAS 1WERVCYS CCVERAOE LOT AREA WORMATiON TABLE TyrlI yl Y[U�, W, f•IN. IUR LC' THE NF[4V70L5 AREAS VTEI N IHS TARE PRE CONPulEO P� eE PERCEPT CC -»E LC' ARCA. WIN LIST gee LFERwoLIS:L_OTi LoT SIZE VKAA .36_' '- .. .- 2 4.134 26 S.x::a :. .. .1 SURVEY INFORMATION 3 _...._�. 4.1 3; SF ... _. .... 3,897 Y 2] 5.946 9F ,,36' Sf BOSS OF BEARINAD 83/41) 4 6."1 Sr 2_987 Sr 78 _ _S,91S_Sf 7,666 SF - MOMNI/ONjLL ]A'M 'iMl 1]N IMIS F`R(lkG' ``' NV:tl!/9' I"I :: ry OY RErrtON. CO* OF RENTOR CON 'Cnr NC. -78 AMS NEED fON S 9,133 S£ T_,96T SF S9 5,000 ff 7,250 SF '09'MIN. A JNE rKm "rr' OF RCH'OHY 7WI7R0I POINT NO •78 B 9,T33 SF 3,987 SF 30 5,000 SF 3.250 5F TC CTY OF RENTOR :CW;oL FmT Na. '852 WAS HELD COR 7 6.133 SF 3,987 Sr 31 5,000 SF 3250 Sr C.,171CN. BE NC ND+'M'.2'1 B 6.132 SF 3,986 X 32 5, DOD SF 3.250 Sr PROCEDURE / 14001 9 6.132 SF 3.986 Sr SJ 5000 SF .7,750 SF A FELL 'RAYFFSE QSNNC A. SPECTRA PREC;SkON FOCUS 30 MIO A 19 6.902 Sr 4,499 Sr 34 5,000 SF .1,750 Sr SFECT, PRECISION RANGER OA A COLLECTC@ S11PF-EMENTED MM II 7.340 $F 4,77' Sr 35 6.000 Sf 3900 SF IINCT;% WtiS PIRFCAIYI::, iSTAOLiSNwHr G rml AUiw. p51AN :1, ND YERNAL RELATIONSHIPS BETWEEN THE NONuMENTS. PRCPEPTY 12 6,000 Sr I'VE Sr 36 6,030 SF 3,975 Sf INES ANC IMPROVEMENTS. THE RI3AIA M%S CR EXCEE , 13 fi550 Sf 4,75® Sl 3? 5,264 SF 3,/72 Sr - IFr 77M/ MOS fc' IM4N E4IA NOLSIMiVk YS AS .E1 FMTi �fi NAC 73;-133-O9C. 51)18 SF 3,762 SF 38 7,437 SF 4,aA ST IS 5,000 SF 3,250 SF 39 '9,429 Sr '2,629 Sr DATES OF SNNNCYS'. -IELC S,,FVE^5 3Y BARC4AVSEN CONSULTING ENCMEE45. INC. 16 fi.000 Sf 3,900 Sr AO 5,000 SF ]250 SF CONOLICTEO IN 1 MIARY 2014- LLL YONUM IS SHOWN AS FOUND 17 5,171 SF 3,361 SF a1 5000 SF 3250 Sr WCR[ N51 -EC Al Nu' TINE ANC IN JUNE 20'.2 14 8,604 SF '293 Sr .2 5.000 SF 3250 SF REFI SuRtlE15 19 5.990 Sr _,"4 Sr +3 5.DOO SF 3250 Sr 1 PLAT G BEACH FNE ES•ATES NC. 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A T M 2 A � x z 1. After Recording Return to: Fikso Kretschmer Smith Dixon Ormseth P5 2025 First Avenue, Suite 1130 Seattle, WA 98121-2100 Attn: Bob Fikso Reference Numbers of Related Documents: 8008040570, 9109240783, 20140319000462 Grantor(s): STEVE BERGQUIST and AVANTI BERGQUIST MD Grantee(s): THE QUADRANT CORPORATION Abbreviated Legal Description: Lot 2 KCSP No. 280031, King County Ree. No. 8008040570 Additional Legal Description is on Exhibit 1 of Document Assessor's Property Tax Parcel or Account No.: 152305-9216 RELINQUISHMENT OF EASEMENT (with delayed effectiveness) STEVE BERGQUIST and AVANTI BERGQUIST MD, husband and wife (together, "Bergquist"), are the owners of the real property in Renton, King County, Washington described on the attached Exhibit A ("Bergquist Property") and hereby forever relinquish and surrender all right, title and beneficial interest in the easement or easements for ingress, egress, and utilities under instruments recorded in king County under nos. 8008040570 and 9109240783 (collectively, "Easement"). This Relinquishment of Easement is entered into pursuant to the Agreement dated as of February 28, 2014 between Bergquist and The Quadrant Corporation, a Washington corporation ("Quadrant"), which Agreement is evidenced by a Memorandum of Agreement recorded in King County under no. 20140319000462. Concurrently with this Relinquishment of Easement, Bergquist and Quadrant are recording Lot Line Adjustment No, LUA14- 000730. To effectuate the Lot Line Adjustment, Quadrant is conveying by deed to Bergquist certain property, the effect of which conveyance will be to enlarge the Bergquist Property. This Relinquishment of Easement will be effective upon, and only upon, recordation of the Plat of Copperwood (King County (insert file number or other identifier]), the intent of Bergquist being that the Easement will automatically be of no further force or effect from and after the recordation of that plat, and that there be no record interest of the relinquished Easement on title to the property that is the subject of that plat. EXECUTED this,201jay of February, 2016. A7 STEVE BERGQUIST NTI IE R' QrJ l g:\ghames\3.12170\docs\bergquist agree ment\reiinquishment03 (rbf 022216)d.docx CONSENT OF BENEFICIARY The undersigned is the Beneficiary under the Deed of Trust recorded in King County, Washington under no. 20150375001507 ("Deed of Trust"). The undersigned acknowledges and consents to the foregoing Relinquishment of Easement. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for BOEING EMPLOYEES' CREDIT UNION By Name Title f� Ar STATE OF V4} / ? ss• COUNTY OF�` I certify that I know or have satisfactory evidence that ��" f� is the person who appeared before me, and said person acknowledged that said person signed this in ent, otl htasaid person was authorized to execute the instrument and acknowledged it as the e of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., to be the free and voluntary act,6f such party for the uses and purposes mentioned in the instrument. DATED: Cr;. :20" �CIj Name (typ d or printed): 57C�s�•!•. NOTARY PUBLIC in and for the State Warshiiir, ut Residing at L7'� S PA-- Z 81 v � �` ,..tet ,�� r3,. E) Sr FtOBE RT J. CASTIQLIA My appointment expires: '/ (VOTARY PUBLIC OF NEW JERSEY My Commission Expims August 17,202D AA 00 C 01- 9j 9(,r- C 7 ° r 2 g:\ghomes\3.12170\docs\bergquist agreement\rel inq uishment03 (rbf 022216)cl.docx STATE OF WASHINGTON ss. COUNTY OF - 1 �..■ �,� I certify that I know or have satisfactory evidence that STEVE BERGQUIST is the person who appeared before me, and acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. DATED: J. A. WERNER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 11, 2049 Name (type or printed): Ya ,1��rina NOTARY PUBLIC in and for the State Washington Residing at My appointment expi es: Nit kr% STATE OF WASHINGTON } } ss. COUNTYOF TrUurhn! } I certify that I know or have satisfactory evidence that AVANTI BERGQUIST is the person who appeared before me, and acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrumen DATED: ,fZvlk. Name (typed gr printed): + NOTARY PUBLI in and for the State Washington `��•QrYNEp� rr/�i Residingat My appointment expires:. %' 2 S � i co a� + '{ 2 0 h aw GAO WASO" 11%% 3 g:\ghomes\3.12170\docs\bergquist agreement\relinquishmentO3 (rbf 022216)cl.docx EXHIBIT A LEGAL DESCRIPTION OF BERGQUIST PROPERTY Lot 2 of King County Short Plat No. 280031, recording no. 8008040570. Situated in King County, Washington. 4 g:\ghomes�3.12170\docs\bergquwst agreement\rehnquishment03 (rbf 022216)d.docx APPROVAI,S: REGGRUING NO. L./PAGE cire or i�LmioN LUT tIML ADJUSI'MEW '10 LUA 14 —=730 t PORTION W Nwip, or SEI/4 SEC 15, 123N. R5E, WK, ITl S E CITY OF RENTON. KrMC COUNrY. WASHINGTON .. .. . ....... . . .. .. . .. ...... ....... ..... SEE SHEET 3 FOR LEGAL DESCRIPTIONS .1 1 IF, VICINITY MAP 7.� . ... .. ..... CERTIFICATE LAND SURVEYORS CERTIFICATECOPPERWOOD 0"Atj LOT LINE 4DJUMNIENT I OINCN ON I'll �C[N7 ' I It 1. A14—MO730 CLD �CT WAS ';CV L07 AREAS RECORDING NO.v I OL./PACE PORTON OF NWT/4 OF SEI/4 SEC. 15, T23N, PSE, W,M., CITY OF PENTON, KING COUNTY, WASHINCTON OT 3 ounvey Iw a "Mick SCALE: P tl 10' NI . ...... COPPERWOOD WT UNE ADJUSURNT 2 k OT 3 ounvey Iw a "Mick SCALE: P tl 10' NI . ...... COPPERWOOD WT UNE ADJUSURNT 2 ORIGINAL LEGAL DESCRIPTIONS: km -WA ll,004t. 91a1 "'WAft Il!ttwfi. ". rl :x. , al -,-r . . —t, T.0 "tl I IIII. clic-AD 'IwI It nil Ml r 1 -.4 (4. NMr w 1", ", .— I'..l. 1rl,11 1.1-1 I,at,4- K rm s',, -,, :,., 1y CM[ft "IIW 15.— --k -M-- [y If11 VIA, 11 2-M 1. a1 i, 11 ME IWEL C UMWM� It ME IWkL C1 "(A UtCA-1 V4 I N.I ni%l Ix I It 41 N4 IN'e rxrr malt 4W 111 NO OFiTION CF NWI/4 Or SLI/A SEC 15, T23N, R5f., WA.. C111 OF RENIQN, KING COUNTY, WASHINGTON I NEW LEGAL DESCRIPTION& "j,. a 45 It[, V -ttl ..n I 1-- 0r1 Ilk, of r la 1 r1 oe11 Nal ;IiMl. Ilcv1N4 u,ijl- COtIi, to' It lyl 1 N ,91 3, 31c," "A 5 (.1 1,;J14?1t 1-t .!tO, 0. -Ctl V 141 M 40 III 'It' Ell riJ p Ill' --.t. 1- 1— 1-1.1 Ipnx NAE.: . ......... 'm -0 IHx-rtlbm lat ILOIE 114 loV"' l"Ll 7 n.Cr J 1V rt woI -11, r,l I 1Y 11'l+' V 36 -1-II, f4l. 40 j F1 1. ll, MI. ill M!,. If I P, Ix COPPERWOOD LOT LINE hDJUSTNIE67 Housing Capital Company a division of CMbank. ASSIGNMENT OF FUNDS TO THE CITY OF RENTON Applicant: Levi Rowse Bank: US Bank Owner: The Quadrant Corporation Division: Housing Capital Address: 14725 SE 36th St Address: 1420 51Avenue Bellevue, WA 98006 Seattle, Wa. 98101 Phone: 425-455-2900 Phone: 206-344-4504 Fax: 425-646-4136 Fax: Attention: Levi Rowse Attention: Erwin Fulgencio Title: Land Development Manager Title: Assistant Vice President The above referenced bank herby certifies that $53,125.00 is on deposit in account 1-575-0921-9315 under the name of THE 0UADRANT CORPORATION assigned to the CITY OF RE NTON, to secure the applicant's performance of the following work: Copperwood PP Mitigation Project The bank herby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. Housing Capital Company a division of CMhank. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of Funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, use as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. STATE OF WASHINGTON ss. County of King U.S. Bank National Association By: U Name: Erwin Fulgencio Title: Assistant Vice -President I certify that I know or have satisfactory evidence that Erwin Fulgencio is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Assignment of Funds To The City of Renton. fih DATED thiso�� day of _."? 20I5 Notary Pudic--- r Slate of Washington Not* Public in and for the State of Washington, JUDITH YUMAf1G f ' ` res at i, c__4 My Appointment Expires May 5. 2018 V rpaYl Name (printed ox typed) My appointment expires: Housing Capital Company a division of Cobank. The Quadrant Corporation By: ;. Name: S Title: __) STATE OF WASHINGTON ) ss. County of King ) I certify that I know or have satisfactory evidence that .. - , 2 . t L. - is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Assignment of Funds To The City of Renton. DATED this • day of .2015. Notary Public in and for the State of Washington, residing at Name (printed or typed) My appointment expires: Housing Capital Company a division of [Mbank. ASSIGNMENT OF FUNDS TO THE CITY OF RENTON Applicant: Levi Rowse Bank: US Bank Owner: The Quadrant Corporation Division: Housing Capital Address: 14725 SE 36` St Address: 14205 tAvenue Be]levue, WA 98006 Seattle, Wa. 98101 Phone: Fax: 425-455-2900 425-646-4136 Phone: Fax: 206-344-4504 Attention: Levi Rowse Attention: Erwin Fulgenclo Title: Land Development Manager Title: Assistant Vice President The above referenced bank herby certifies that $113,063.94 is on deposit in account 1-.575-0921-9315 under the name of THE QUADRANT CORPORATION assigned to the CITY OF RENTON. to secure the applicant's performance of the following work: Plat or Project: I Copperwood Final Plat, LUA16-0-00020 (LUA14-000550, PP)(U140006283) Location/Address 4921 SE 2ndPlace, 14217 SE 1361 Street, 5013 SE Z" Place, 4905 SE 2" of Plat/Project: Place, 312 Field Place SE, 5001 SE 2nd Place, and 355 Field Place SE Description of Deferral of the installation of the following items: final lift on the on-site Required Work: public streets; survey monuments; installation of hydrant marker & stripping of fire lanes on the onsite streets; and street light. The bank herby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. Housing Capital Company a division of [Obank. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of Funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, use as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. U.S. Sank National Association By: .c,..l Name: Erwin Ful encio Title: Assistant Vice -President Date: 3 6-t I y STATE OF WASHINGTON ) } ss. County of King } I certify that I know or have satisfactory evidence that Erwin Fulgencio is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Assignment of Funds To The City of Renton. l� DATED this day of 2016 d�c UM State of Washinshin Notary Public No ublic ' d for the tate of Washington, JUDITH YUMAMG residing at My ApPointment Expires May 5. 2018 Name (printed or typed) g My appointment expires: �51 � U r Housing Capital Company a division of Cobank. The By: Nam Title: Date: STATE OF WASHINGTON ) ss. County of King ) 1 I certify that I know or have satisfactory evidence that Ervin Fulgencio is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Assignment of Funds To The City of Renton. DATED this - , .- day of 2415 = ,- P`gs4flh'+'s0'y�1�/ Notary Public in and for the State of Washington, residing at V to Vol jN ' 0 Name (printed or typed) A �iAV $1.�i s w V� `'�• 15-�q, eA� My appointment expires: �0 V When Recorded, Return to: Bonnie Geers The Quadrant Corporation 14725 SE 381h Street, Suite 200 Bellevue, Washington 98006 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COPPERWOOD Grantor: The Quadrant Corporation dba Quadrant Homes ❑ Additional on page Grantee: Plat of Copperwood; The Copperwood Homeowners Association; The Public o Additional on page Legal Description (abbreviated); Lots 1-47 and Tracts A, B, C. D, E and F of Copperwood, according to the plat thereof recorded in Volume _ of Plats, Pages _ through _, inclusive, records of King County, Washington_ Situate in the County of King, State of Washington. Assessor's Tax Parcel ID M Reference Nos. of Documents Released or Assigned: None y TABLE OF CONTENTS ARTICLE SECTION PAGE PART ONE: INTRODUCTION TO THE COMMUNITY ............................................................................1 Article I Creation of the Community........................................................................................1 1.1. Purpose and Intent................................................................................................................ 1 1.2- Binding Effect........................................................................................................................ 1 1.3. Governing Documents.. ............................................ ........................................................... 2 Article 11 Concepts and Definitions........................................................................................... 2 PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS .............................. 7 Article III Use and Conduct......................................................................................................... 7 3.1. Framework for Regulation.................................................................................................... 7 3.2. Authority to Enact Use Restrictions. ... ...... ................................................................... — 7 3.3. Owners' Acknowledgment and Notice to Purchasers........................................................... 8 3.4. Protection of Owners and Others......................................................................................... 8 Article IV Architecture and Landscaping .................................................................................10 4.1. General...............................................................................................................................10 4.2. Design Review . ....................... —................................. ........... ,............................................ 10 4.3. Guidelines and Procedures................................................................................................. 11 4.4. No Waiver of Future Approvals........................................................................................... 13 4.5. Variances............................................................................................................................13 4.6. Limitation of Liability- ........... ............ I ...... 11 ........... ...... - ........... - ...... I....., ...... 1. 1. 1. - 14 4.7. Certificate of Approval......................................................................................................... 14 Article V Maintenance and Repair...........................................................................................14 5.1- Maintenance of Areas of Common Responsibility..............................................................14 5.2- Maintenance of Units......................................................................................................... 14 5.3. Responsibility for Repair and Replacement........................................................................ 15 5.4. Remedies for Failure to Maintain........................................................................................ 15 PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION.............................................16 Article VI The Association and its Members...........................................................................16 6.1. Function of Association...... . .......................... ......................... ............. .......... - ................ 16 6.2. Membership...... ........ ............ - ............. .................. - ................... ........... - ............ — 16 6.3. Voting........................................................................................... .16 6.4. Notice ...... ............................... ..---- ...................................................................................... 17 Article VII Association Powers and Responsibilities..............................................................17 7.1. Acceptance and Control of Association Property. ........................ ....................... .............. 17 7.2. Maintenance of Areas of Common Responsibility. ............ 17 7.3. Insurance. .. ........... ......................................................................................... ................ 19 7.4. Compliance and Enforcement............................................................................................ 22 7.5. Implied Rights; Board Authority .......................................................................................... 23 7.6. Indemnification of Officers, Directors, and Others.............................................................. 24 7.7 Security............................................................................................................................... 24 7.8. Effect of Dissolution of Association..................................................................................... 24 7.9. Provision of Services......................................................................................................... 25 7.10. Relations with Other Properties.......................................................................................... 25 7.11. Facilities and Services Open to the Public.......................................................................... 25 7.12. Permit Matters..................................................................................................................... 25 7.13. Relationship with Tax -Exempt Organizations..................................................................... 25 Article VIII Association Finances................................................................................................ 26 8.1. Budgeting and Allocating Common Expenses.................................................................... 26 8.2. Budgeting for Reserves...................................................................................................... 27 8,3. Special Assessments......................................................................................................... 27 8.4, Specific Assessments......................................................................................................... 27 8,5, Authority To Assess Owners; Time of Payment,. ............... ........ ................................ 27 8,6, Obligation for Assessments................................................................................................ 28 8.7. Lien for Assessments......................................................................................................... 29 8.8 Suspension of Voting Rights............................................................................................... 29 8.9. Exempt Property...................................................................................... 29 8.10. Reimbursement of Declarant for Common Areas Development - Capitalization ................ 29 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant ............................ 30 PART FOUR: COMMUNITY DEVELOPMENT...................................................................................... 30 Article IX Expansion of the Community .................................................................................. 30 9.1. Expansion by Declarant..................................................................................................... 30 9.2. Expansion by the Association ............................................................................................ 30 9,3. Additional Covenants and Easements................................................................................ 31 9.4. Effect of Recording Supplemental Declaration................................................................... 31 Article X Additional Rights Reserved to Declarant................................................................ 31 10.1. Withdrawal of Property........................................................................................................ 31 10-2. Governmental Interests...................................................................................................... 31 10-3. Marketing and Sales Activities__ ....................................................................................... 31 10.4, Right To Develop...................................................................................................... . 31 10.5. Right To Approve Additional Covenants ........................................ ... 31 10.6. Right To Approve Changes in the Standards Within the Community ................................. 32 10.7. Right To Transfer or Assign Declarant Rights.................................................................... 32 10.8. Easement To Inspect and Right To Correct....................................................................... 32 10.9, Right to Notice of Design or Construction Ciaims............................................................... 32 10.10 Termination of Rights_ ........ .............................................................................................. 32 PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY........................................................... 33 ArticleXI Easements.................................................................................................................. 33 11.1. Easements in Common Area.............................................................................................. 33 11.2. Easements for Encroachments.......................................................................................... 34 11.3. Easements for Utilities, Etc................................................................................................. 34 11.4, Easements To Serve Additional Property........................................................................... 35 11.5, Easements for Maintenance, Emergency, and Enforcement ............................................. 35 11.6. Technology Utility Easements............................................................................................. 35 11.7 City of Renton Drainage Easement for Recreation Tract B ......... ..............................36 Article XII Exclusive Common Areas......................................................................................... 36 12.1. Purpose...............................................................................................................................36 12.2. Designation......................................................................................................................... 36 12.3. Use by Others ....... ............. —...... ........................................... ,.......................... _................ 37 Article XIII Party Walls and Other Shared Structures............................................................... 37 13.1. General Rules of Law to Apply............................................................................................ 37 13.2. Maintenance; Damage and Destruction............................................................................. 37 13.3. Right to Contribution Runs With Land................................................................................ 37 13.4. Disputes.. ........................................................................................................... ................ 37 PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY ......................................... 37 Article XIV Dispute Resolution and Limitation on Litigation ................................................... 38 14.1, Dispute Resolution Methods. .............................................................................................. 38 14.2. Claims and Exempt Claims................................................................................................. 38 14.3. Bound Parties.................................................................................................................... 39 14.4, Arbitration Agreements.......................................................................................................39 14.5. Consensus for Association Litigation................................................................................. 40 14.6, Mandatory Procedures for Litigation of Claims................................................................... 41 14.7 Allocation of Costs of Resolving Claims............................................................................. 42 14.8 Enforcement of Resolution................................................................................................ 42 ArticleXV Mortgagee Provisions...............................................................................................42 15-1. Notices of Action .................................................................................................................42 15-2. Special FHLMC Provision................................................................................................... 42 15-3. Other Provisions for First Lien Holders............................................................................... 43 15-4. Amendments to Documents .............................................................................................. 43 15.5. No Priority ..................... .................................................................................................... 44 15.6. Notice to Association__ ..................................................................................................... 44 15.7. Failure of Mortgagee To Respond..................................................................................... 44 15.8. Construction of Article XV................................................................................................... 45 15.9. Amendment by Board.................................................................................................. ...... 45 PART SEVEN: CHANGES IN THE COMMUNITY................................................................................. 45 Article XVI Changes in Ownership of Units.............................................................................. 45 Article XVII Changes in Common Area......................................................................................46 17.1. Condemnation........................................................................................ ....... .................46 17.2. Partition...............................................................................................................................46 17.3. Transfer or Dedication of Common Area............................................................................ 46 Article XVIII Amendment of Declaration.................................................................................... 46 18.1. By Declarant...................................................................................................................... 46 18.2. By Members........................................................................................................................ 47 18.3. Validity and Effective Date.................................................................................................. 47 18-4. Exhibits .................. .............................................................................................................47 EXHIBITS "A" Land Initially Submitted to Declaration "B" Initial Use Restrictions DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COPPERWOOD THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COPPERWOOD is made this day of , 2016, by The Quadrant Corporation, a Washington corporation, doing business as Quadrant Homes ("Declarant"), for the real property described in Exhibit A and for such additional real property as Declarant elects to add to the Declaration, if any. PART ONE: INTRODUCTION TO THE COMMUNITY Declarant, as the developer of this community, has established this Declaration to provide a govemance structure and a flexible system of standards and procedures for the development, administration, maintenance, and preservation of procedures for the residential property. In addition, the Homeowners Association is assigned certain responsibilities for administration, maintenance, and preservation of property within the community as set forth in this Declaration. These additional responsibilities shall be for the benefit of the members and all property owners within the community. Article I Creation of the Community 1.1. Purpose and Intent. Declarant, as an owner of the real property described in Exhibit "A," intends by Recording this Declaration to create a general plan of development for the community identified in the title to this Declaration. This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate, and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties. An integral part of the development plan is the creation of a Homeowners Association comprised of all owners of real property in the Properties to own, operate, and maintain various common areas and community improvements, and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration. 1.2. Binding Effect. All property described in Exhibit "A," and any property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, or Amendments to the Declaration, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property. This Declaration shall be binding upon all Persons having any right, title, or interest in any portion of the Properties, their heirs, successors, successors -in -title, and assigns. This Declaration shall be enforceable by Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law. If, however, the period for the enforcement of covenants running with the land is limited by law, the Declaration shall be enforceable as provided above for a period of 20 years. After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, in whole or in part, or terminate this Declaration, in which case this Declaration shall be amended or terminated as specified in such instrument. Notwithstanding the above, if any provision of this Declaration would be unlawful, void, or voidable by reason of applicability of the rule against perpetuities, such provision shall expire 21 years after the death of the last survivor of the now living descendants of Elizabeth ll, Queen of England. Nothing in this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement. If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of the other provisions or applications. 1.3. Governing Documents. The Governing Documents, as defined in Section 2.16, create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to the Properties. In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the provisions of any other rules or policies governing the Properties, the Governing Documents shall control_ Nothing in this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration. All provisions of the Governing Documents shall apply to all Owners and to all occupants of their Units, as well as their respective tenants, guests, and invitees. Any lease on a Unit shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of the Governing Documents. Article II Concepts and Definitions The terms used in the Goveming Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below. 2.1. "Areas of Common Responsibility": The Common Area, together with such other areas the Association has or assumes responsibility pursuant to the terms of this Declaration, the Plat, any Supplemental Declaration, or the Plat, other applicable covenants, contracts, or agreements. 2.2. "Articles of Incorporation" or "Articles": The Articles of Incorporation of the Homeowners Association, as filed with the Washington Secretary of State to establish the Association as a non-profit corporation under Washington State law. 2.3. "Association": The non-profit homeowners Association formed with the Washington State Secretary of State for the purpose of administering this Declaration on behalf of the Owners, and its successors or assigns. The Association is named the "Copperwood Homeowners Association." 2.4. 'Base Assessment": Assessments levied on all Units subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Units, as determined in accordance with Section 8.1. 2.5. "Board of Directors" or "Board": The body responsible for administration of the Association, selected as provided in the Bylaws and serving as the board of directors under Washington corporate law. page 2 2.6. "Builder": Any Person who purchases one or more Units for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale in the ordinary course of business. 2.7. "B law ": The Bylaws of the Association, as they may be amended, which govern the Association's internal affairs, such as voting rights, elections, meetings, selection of officers, etc. 2.8. "Class "B" Control Period": The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "A" and Class "B" Members are defined in Section 6.3. The Class "B" Control Period expires upon the first to occur of the following: (a) when 100% of the total number of Units for the property described in Exhibit "A" and any additional property added to the terms of this Declaration pursuant to Article IX, Section 9.1, have been conveyed to Class "A" Members other than Builders; (b) a date 10 years from the date this Declaration is Recorded; or (c) when, in their discretion, the Class "B" Members so determine. 2.9. "Common Area": All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts, private roads, the community center, and other tracts or parcels conveyed to the Association by Declarant. The term shall include the Exclusive Common Area and the Community Area, as defined below. The term shall also include any public roads or other public facilities, the dedication of which has not yet been accepted by the Local Jurisdiction for public ownership; upon such acceptance, the Association's duties shall terminate. 2.10. "Common Expenses": The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents. 2.11. "Community Area": The real and personal property so designated by Declarant, and which is owned and/or maintained by the Association for the common benefit of all Persons. The Community Area may include, if designated by the Declarant on the face of the Plat or in a Recorded document conveying such Community Area to the Association or action taken by the Association: (a) the main entry and identification features, including all signage, landscaping, and other improvements which are a part thereof; (b) private roads, sidewalks and community -wide location and directional signage if not owned and the maintenance assumed by the Local Jurisdiction, or if not deemed by the Association to be a Party Structure under Article XIII; (c) recreational amenities and private storm drainage systems depicted on the Plat; (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails), including signage; paw 3 (e) wetlands, sensitive areas, open space, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarant, including Tract B of the Plat, and including all appurtenant maintenance, monitoring or reporting obligations associated therewith, if not owned and the maintenance assumed by the Local Jurisdiction; (f) the community parks, and any other parks designed as a Community Area by Declarants, if not owned and the maintenance assumed by the Local Jurisdiction; (g) if required on the face of the Plat, or if the Association assumes responsibility by Board or Member vote, the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is in the public rights-of-way, to the extent permitted by the Local Jurisdiction; otherwise, such landscaping shall not be included within the Areas of Common Responsibility, and shall be maintained by the Owners of the Units adjacent to such areas, as provided in Section 5.2; (h) landscaping located in any public parks, drainage areas, public facilities or improvements, or other property for which the Association may provide maintenance and repair with the consent of the Local Jurisdiction; (i) landscaping located at the Units, if and to the extent that the Association determines by a vote of the Members that landscaping at the Units should be maintained by the Association to attain uniformity and a higher quality aesthetic appearance; (j) any other real or personal property, service, or facility which now, or by amendment of this Declaration, designated to be a part of the Community Areas by the Declarant. 2.12. "Community -Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by Declarant and may contain both objective and subjective elements. The Community -Wide Standard may evolve as development progresses and as the needs and demands of the Properties change. 2.13. "Declaran ': The person identified as "Declarant" on the signature page of this Declaration, or any successor or assign who takes title to any portion of the property described in Exhibit "A" for the purpose of development and/or sale and who is designated as a Declarant in a Recorded instrument executed by the immediately preceding Declarant or assigned all or a portion of Declarant's rights hereunder. Upon a designation of a successor Declarant, all rights and responsibility of the former Declarant in and to such status as "Declarant" under this Declaration shall cease. At any time that more than one person holds any rights as a Declarant, a single Declarant may exercise any of the Declarant's rights described herein over that portion of the property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest in the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants in writing. A single Declarant may conditionally or permanently assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument. 2.14 "Declaration": This Declaration of Covenants, Conditions, and Restrictions, which creates obligations which are binding upon the Association and all present and future Owners. page 4 2.15 "Exclusive Common Area": A portion of the Common Area primarily benefiting one or more, but less than all. Units, as more particularly described in Article X11. 2.16. "Governing Documents": A collective term referring to this Declaration and any applicable Supplemental Declaration, the Bylaws, the Articles, the Residential Design Guidelines, the Use Restrictions, and the Rules and Regulations, as each may be amended. 2.17 "Local Jurisdiction": Any governmental authority having jurisdiction over the Properties, for a matter described in this Declaration. A Local Jurisdiction may include the State of Washington, a County, a City, or a local sewer or water district or other governmental entity assigned authority by law to regulate activities in the Properties. A Local Jurisdiction may refer to different governmental authorities, depending upon which governmental authority is assigned responsibility to regulate activities described in this Declaration. 2.17. "Member A Person subject to membership in the Association pursuant to Section 6.2. 2.18. "Mortgage': A mortgage, a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Unit. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. 2.19. "Owner': One or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner. 2.20. "Permits": Collectively, the permits, land use restrictions and conditions of Plat approval, as determined, approved and issued by the Local Jurisdiction related to the development and construction of improvements located at the Properties, as such may be amended or modified from time to time. 2.21. "Person": A natural person, a corporation, a partnership, a trustee, or other legal entity. 2.22 "PIC": The Property Improvement Committee, as described in Article IV, Section 4.2. 2.23 "Plat": The plat of the real property described in Exhibit "A," together with all requirements described or referenced therein. "Plat" shall also include any property included in a plat of the real property referred to in Exhibit "A," but not included within the description of property contained in Exhibit "A," which property may or may not be subjected to the terms of this Declaration in the future in the manner described in Article IX. 2.24. "Properties:" The real property described in Exhibit "A," together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration, in accordance with Article IX. page 5 2.25. "Record," "Recording." or "Recorded": To file, the filing, or filed of record in the Public Real Estate Records of the County in which the Properties are located, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate. The date of Recording shall refer to that time at which a document, map, or plat is Recorded, 2.26. "Residential Desiqn Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended, which establish architectural standards and guidelines for improvements and modifications to Units. 2.27. "Rules and Reaulations": Board -adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility. 2.28 "Sale" or "Sold' shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 2.29 "Street Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to notes on the face of the Plat, or described by this Declaration. 2.30. "Special Assessment": An assessment levied in accordance with Section 8.3. 2.31. "Specific Assessment": An assessment levied in accordance with Section 8,4. 2.32. "Supplemental Declaration": An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument. 2.33. "Unit": A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Unit. Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarant, whichever is more recent, 2.34. "Use Restrictions": The initial Use Restrictions set forth in Exhibit "B," as they may be supplemented, modified, and repealed pursuant to Article III, which govern the use of property, activities and conduct within the Properties. page 6 PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS The standards for use and conduct, maintenance, and architecture within the community are what give the community its identity and make it a place that people want to call "home." This Declaration establishes procedures for regulation as a dynamic process which allows the community standards to evolve as the Properties change and grow overtime. Article III Use and Conduct 3.1. Framework for Regulation. The Governing Documents establish, as part of the general plan of development for the Properties, a framework of affirmative and negative covenants, easements and restrictions which govern the Properties. Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes in circumstances, conditions, needs, desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents. Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth in Exhibit "B." 3.2. Authori to Enact Use Res Enact (a) Subject to the terms of the Permits, this Article, and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit, create exceptions to, or expand the Use Restrictions. The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken, Such action shall become effective, after compliance with the distribution requirements below, unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes in the Association and by the Class "B" Members, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings in the Bylaws. Upon receipt of such petition prior to the effective date of any Board action under this Section 3.2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. Alternatively, Members representing more than 50% of the total Class "A" votes in the Association at an Association meeting duly called for such purpose, may vote to adopt Use Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect. Such action shall require approval of the Class "B" Members, if any. Prior to any action taken under this Section 3.2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner. The effective date shall be at least 30 days following distribution to Owners. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to any requesting Member or Mortgagee. page 7 Nothing in this Article shall authorize the Board or the Members to modify, repeal, or expand the Residential Design Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control. (b) The procedures required under this Section 3.2 shall not apply to the enactment and enforcement of Rules and Regulations (e.g., administrative issues, regulations governing the use of the Common Area, etc.) unless the Board chooses in its discretion to submit to such procedures. Examples of such administrative Rules and Regulations shall include, but not be limited to, hours of operation of a recreational facility, use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times. The Board shall exercise business judgment in the enactment, amendment, and enforcement of such administrative Rules and Regulations. 3.3. Owners' Acknowledgment and Notice to Purchasers. All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time. All purchasers of Units are on notice that changes may have been adopted by the Association. Copies of the current Use Restrictions may be obtained from the Association. 3A. Protection of Owners and Others, Except as may be contained in this Declaration either initially or by amendment or in the initial Use Restrictions set forth in Exhibit "B," all Use Restrictions shall comply with the following provisions: (a) Similar Treatment. Similarly situated Owners shall be treated similarly. (b) Disl2lays. The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Units of the kinds normally displayed in dwellings located in single-family residential neighborhoods shall not be abridged, except that such shall be consistent with the Local Jurisdiction's Ordinances and the Association may adopt time, place, and manner restrictions with respect to any displays (including those outside of a dwelling) visible from outside the dwelling. No Use Restrictions shall regulate the content of political signs; however, rules may regulate the time, place, and manner of posting such signs (including design criteria) and the Local Jurisdiction's Ordinances shall apply. (c) Household Composition. No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit, to limit rental of Units, and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, its fair use of the Common Area, and on the basis of compliance with applicable the Local Jurisdiction's Ordinances. Use Restrictions may be adopted by the Association to limit or prohibit the occupancy of Units by persons who have been convicted of a crime for which continued supervision after conviction is imposed upon the proposed occupant. Page 8 (d) Activities Within Dwellin s. No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated with property restricted to residential use, it may restrict rental of Units, and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible outside the dwelling, that create an unreasonable source of annoyance, or that involve illegal conduct. (e) Household Occupations. No Use Restriction may interfere with the rights of an Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit; (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the Board's sole discretion; (Iii) any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Unit and that they not be visible from the exterior of the home and (iv) it is as otherwise allowed by the Permits and applicable law. Nothing in this Section shall permit (1) the use of a Unit for a purpose which violates law, regulations, rules or applicable zoning codes, or (2) activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the Unit. The Board may, from time to time, promulgate rules restricting the activities located on the Properties pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64.38. (f) Allocation of Burdens and Benefits. No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents. This provision does not affect the right to increase the amount of assessments as provided in Article VIII. (g) Alienation. The Association may not impose any fee on the transfer of any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer. The Association may regulate the leasing or rental of Units. (h) Abridaina Existing Right . No Use Restriction shall require an Owner to dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and which was in compliance with all Use Restrictions previously in force. This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit. (i) Reasonable Rights To Develop. No Use Restriction, Rule or Regulation, or action by the Association or Board shall unreasonably impede Declarants right to develop the Properties or other portions of the community. page 9 The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3.2; they shall not apply to amendments to this Declaration adopted in accordance with Article XVIII. Article IV Architecture and Landscaping 4.1- General. No structure or thing shall be placed, erected, or installed upon any Unit within the Properties and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except in compliance with this Article, the Residential Design Guidelines adopted pursuant to this Declaration. No approval of the PIC shall be required to repaint the exterior of a structure, if in accordance with the originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications, Any Owner may remodel, paint, or redecorate the interior of his or her Unit without approval, provided that the work performed complies with all laws applicable to the Local Jurisdiction. However, modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structure and modifications to enclose garages as living space shall be subject to approval. All dwellings constructed on any portion of the Properties shall be designed by and built in accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by Declarant or Declarant's designee, in its sole discretion. This Article shall not apply to Declarant's activities, nor to the Association's activities during the Class "B" Control Period. 4.2. Desion Review. (a) By Declarants. Each Owner, by accepting a deed or other instrument conveying any interest in any portion of the Properties, acknowledges that Declarant has a substantial interest in ensuring that the improvements within the Properties enhance Declarant's reputation as a community developer and do not impair Declarant's ability to market, sell, or lease their property. Therefore, each Owner agrees that no activity within the scope of this Article ("Work") shall be commenced on such Owner's Unit unless and until Declarant or Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld in Declarant's or Declarant's designee's sole discretion, In reviewing and acting upon any request for approval, Declarant or its designee shall be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant's rights reserved under this Article shall continue so long as Declarant owns any portion of the Properties or any real property described in Exhibit A, unless earlier terminated in a written instrument executed and Recorded by Declarant. Declarant may, in its sole discretion, designate one or more Persons from time to time to act on Declarant's behalf in reviewing applications hereunder. page 10 Declarant may from time to time, but shall not be obligated to, delegate all or a portion of the Declarant's reserved rights under this Article to (i) a Property Improvement Committee appointed by the Association's Board of Directors (the "PIC"), or (ii) a committee comprised of architects, engineers, or other persons who may or may not be Members of the Association. Any such delegation shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in Declarant's sole discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to matters specifically delegated by Declarant. (b) Property improvement Committee. Upon delegation by Declarant or upon expiration or termination of Declarant's rights under this Article, the Association, acting through the PIC, shall assume jurisdiction over design, property modification and architectural matters in the Property. The PIC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion. The members of the PIC need not be Members of the Association, the Board, or representatives of Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, shall be established from time to time by the Board. If the PIC is not formed, or is determined to lack authority to exercise the powers assigned to it for any reason, the Board shall act as the PIC and may delegate any portion of the PIC's duties to any person, subject to final approval or ratification by the Board. The PIC may be broken into or may form subcommittees to preside over particular areas of review (e.g., a new construction subcommittee and a modifications subcommittee). Any reference herein to the PIC should be deemed to include a reference to any such subcommittee. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the PIC or Declarant's rights under this Article terminate, the Association shall have no jurisdiction over architectural matters. For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer." (c) Reviewer Fees: Assistance. The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may include the compensation of such persons in the Association's annual operating budget as a Common Expense. 4.3. Guidelines and Procedures. (a) Residential Design Guidelines. Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from area to area within the community. The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential page 11 Design Guidelines does not guarantee approval of any application. Absence of adopted Residential Design Guidelines shall not limit the PIC's ability to exercise its powers; however, when disapproving an application for permission to perform Work, the PIC shall describe the basis for its decision if it is unable to refer to adopted Residential Design Guidelines as the reason for its election to disapprove an application. Declarant shall have sole and full authority to amend the Residential Design Guidelines in a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9.1, notwithstanding a delegation of reviewing authority to the PIC, unless Declarant also delegates the power to amend to the PIC. Upon termination or delegation of Declarant's right to amend, the PIC shall have the authority to amend the Residential Design Guidelines in a manner consistent with the Permits, with the consent of the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced_ Except for conditions of the Permits, there shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive. The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Properties. In Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the Recorded version, as it may unilaterally be amended from time to time, shall control in the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time. (b) Procedures. No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer. Such application shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application. In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewer shall respond in writing to the applicant at the address specked in the application. The response may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions, or (iii) disapprove the application. The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections. page 12 In the event that the Reviewer fails to respond in a timely manner (as provided in the Residential Design Guidelines), approval shall be deemed to have been given, subject to Declarant's right to veto approval by the PIC pursuant to this Section. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U. S. Postai Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant. The Board may also adopt other methods for providing notice, by promulgation of Rules describing such notice procedures. Until expiration of Declarant's rights under this Article, the PIC shall notify Declarant in writing within three business days after the PIC has approved any application relating to proposed Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied by a copy of the application and any additional information which Declarant may require. Declarant shall have 10 days after receipt of such notice to veto any such action, in its sole discretion, by notice to the PIC and the applicant. If construction does not commence on a project for which Plans have been approved within one year after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work. Once construction is commenced, it shall be diligently pursued to completion. All Work shall be completed within one year of commencement unless otherwise specified in the notice of approval or unless the Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant or any aggrieved Owner. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. 4.4. No Waiver of Future Approvals. Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Residential Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Pians, or other matters subsequently or additionally submitted for approval. 4.5. Variances. The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with the laws of the Local Jurisdiction. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. page 13 4.6. Limitation of Liability. The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties; they do not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design. Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in pians revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board, the PIC, and any members thereof shall be defended and indemnified by the Association as provided in Section 7.6. 4.7. Certificate of Approval. Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Unit of this Article or the Residential Design Guidelines. The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate. Article V Maintenance and Repair 5.1. Maintenance of Areas of Common Responsibility. The Association shall maintain the Areas of Common Responsibility as described in Section 7.2. 5.2. Maintenance of Units. Each Owner shall maintain his or her Unit, and all landscaping and improvements comprising the Unit, and all landscaping improvements comprising the Unit, in a manner consistent with the Governing Documents, the Community -Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit. If not installed fully by the Builder, an owner of a Unit shall install all landscaping, surrounding all sides of the residential dwelling contained on the Unit, within six months after the initial transfer of a completed residential dwelling to an Owner other than a Builder. Each Owner shalt also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence, curb, or water's edge located on the Common Area or public right-of-way adjacent to the Unit boundary, unless such area is made a part of the Areas of Common Responsibility maintained by the Association; provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV. Each Owner shall perform at the Owner's expense the maintenance and upkeep of fencing, Street Trees (if located on a Unit), drainage swales and/or underground drain lines and catch basins installed on their Unit, unless such components of the Units are made a part of the Areas of Common Responsibility maintained by the Association. page 14 5.3. Responsibility for Repair and Replacement. Unless otherwise specifically provided in the Governing Documents or in other instruments creating and assigning maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary to maintain the property to a level consistent with the Community -Wide Standard. Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion. By virtue of taking title to a Unit, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Unit, less a reasonable deductible. If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved in accordance with Article IV. Alternatively, the Owner shall clear the Unit and maintain it in a neat and attractive condition consistent with the Community -Wide Standard. The Owner shall pay any costs which are not covered by insurance proceeds. 5.4 Remedies for Failure to Maintain. If any Unit Owner shall fall to conduct maintenance on the Owner's Unit as required by this Article to maintain the Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to enter upon the Unit and provide such maintenance, and to levy an assessment against the non-performing Owner and Unit for the cost of providing the maintenance. The assessment shall constitute a lien against the Unit owned by the non-performing owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the non-performing Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the non-performing Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the non- performing Owner the thirty (30) day notice_ page 15 PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION The success of the community is dependent upon the support and participation of every residential owner in its governance and administration. The Declaration establishes the Association as the mechanism by which each Owner is able to provide that support and participation. While many powers and responsibilities are vested in the Association's Board of Directors, some decisions are reserved for the Association's membership -- the Owners of property in the community. Article VI The Association and its Members 6.1. Function of Association. The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility. The Association also is the primary entity responsible for enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents, the Permits and applicable Local Jurisdiction's Ordinances, and Washington law. 62. Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co -Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the Bylaws, and all such co -Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, member, partner, or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 6.3. Voting. The Association shall have two classes of membership, Class "A" and Class "B." (a) Class 'W'. Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 8.9. (b) Class "B". The Class "B" Member shall be the Declarant, or if Declarant's rights are assigned. Declarant's assignee. The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents. The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period; or (ii) when, in its discretion, Declarant so determines and declares in a Recorded instrument. Upon termination of the Class "B" membership, Declarant shall be a Class "A" Member entitled to Class "A" votes for each Unit which it owns. (c) Exercise of Voting Rights. Members may exercise voting rights as set forth in the Bylaws. If there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the co -Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. page 16 6.4. Notice. Any notice provided for in this Declaration shall be served personally or shall be mailed by surface mail, as follows, unless the Board adopts a rule allowing electronic service of notices: (a) if to the Association, to the president or secretary of the Association at the principal office of the Association, or at such other address of which it has given notice in accordance with this Section, or to the registered agent of the Association, as such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof); (b) if to a Property Owner, to such Owner at the address of such Owner's Unit or such other address as the Owner has registered with the Association, or such registered agent is identified in the records of the Secretary of State of the State of Washington (or any successor agency thereof). All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed. The Board of the Association may designate additional methods of giving notice by promulgation of rules describing the alternative methods of providing notice, including the adoption of providing notice electronically, without using surface mail, or by private parcel delivery service companies. Article VII Association Powers and Responsibilities 7.1. Acceptance and Control of Association Property. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and Declarant's designees may convey to the Association personal property and fee title, leasehold or other property interests in any real property. The Association shall accept and maintain such property at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property. Upon a Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Declarant to the Association for no consideration, to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines. 7.2. Maintenance of Areas of Common Resoonsibility. The Association shall maintain, commencing with the recordation of the Plat or this Declaration, whichever occurs first, and in accordance with the Community -Wide Standard and the Permits, the Areas of Common Responsibility, which shall include, to the extent such features are present in the Plat and are not maintained by the Local Jurisdiction, but need not be limited to: (a) the Common Area and the Community Area, which includes the entry features and landscaping (whether placed on land owned by the Association, or in the easements created for the Association's benefit), landscaping, roads, sidewalks and private parks within the Properties, alleys serving all or any of the Units, private traits, recreational amenities and the community center, parking restrictions and signage, open spaces, wetlands, natural preserve areas and conservation areas, sensitive areas, buffers, and Tract B of the Plat, as described in Plat Note 4, Sheet 3 of 5; except to the extent that such improvements are dedicated to the Local Jurisdiction and such dedication is accepted, then upon acceptance such improvements shall cease to be Common Areas; page 17 (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the Local Jurisdiction or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of-way within or abutting the Properties, public parks and play areas, public trails, drainage areas, and storm water facilities; (c) irrigation facilities, storm water facilities, streets, sidewalks, street lighting, park and pool/ride lots, and transit shelters that are not maintained by the Local Jurisdiction; (d) planter strips, medians, Street Trees and central planting areas within cul -de - sacs; (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the PIC, the U.S. Postal Service and the Local Jurisdiction); (f) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, described on the Plat, or described in an Exhibit containing Additional Areas of Common Responsibility is attached to this Declaration, or contained in any contract or agreement for maintenance thereof entered into by the Declarant or the Association, including landscaping and other flora, viewsheds, parks, utility areas or improvements, structures, streets, alleyways, bikelpedestrian pathways and trails, and other improvements; (g) any ponds, streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties, including improvements and equipment installed therein or used in connection therewith; and (h) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association. The Association may maintain other property which it does not own, including, without limitation, Units, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community -Wide Standard. The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities. The Association shall maintain the drainage facilities and equipment within the Areas of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class "A" votes in the Association and the Class "B" Members, if any, agree in writing to discontinue such operation. Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with Declarants prior written approval as long as Declarant owns any property described in Exhibit "A" of this Declaration. page 18 The costs associated with maintenance, repair, monitoring, and replacement of the Areas of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, other Recorded covenants, or agreements with the Owner thereof. The Association's responsibility to maintain the Areas of Common Responsibility shall exist whether the control of the Association is held by the Declarant or the members of the Association. The Association is authorized to expend funds its collects, whether collected from the Owners or the Declarant, to carry out its duties described in this Article, whether the control of the Association is held by the Declarant or the members of the Association. 7.3. Insurance. (a) Required Coverages. After the conclusion of the Class B Control Period, or sooner if elected by the Declarant, the Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Blanket property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility in the event of a casualty, regardless of ownership; (ii) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with limits of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000.00 per occurrence with respect to bodily injury, personal injury, and property damage, or such additional coverage and higher limits which a reasonably prudent person would obtain; (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law; (iv) Directors and officers liability coverage; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined in the Board's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (vi) Such additional insurance as the Board, in its best business judgment, determines advisable. Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, unless the Board reasonably determines that other treatment of the premiums is more appropriate. page 19 (b) Policy Requirements. The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in Western Washington, All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment. All insurance coverage obtained by the Board shall: (i) be written with a company authorized to do business in Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate; (ii) be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members. Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear; (iii) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) contain an inflation guard endorsement; (v) include an agreed amount endorsement, if the policy contains a co - insurance clause; (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member); (vii) provide a waiver of subrogation under the policy against any Owner or household member of an Owner; page 20 (viii) include an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and (ix) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. In addition, the Board shall use reasonable efforts to secure insurance policies which provide; (i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests, (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non -renewal; and (iv) a cross liability provision. (c) Restoring Damaged Improvements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes. Damaged improvements on the Common Area shall be repaired or reconstructed in a timely manner unless Members representing at least 75% of the total Class "A" votes in the Association, and the Class "B" Members, if any, decide not to repair or reconstruct. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped condition consistent with the Community -Wide Standard. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit_ page 21 If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7.3(a). 7.4. Compliance and Enforcement. Every Owner and occupant of a Unit shall comply with the Governing Documents_ The Board may promulgate rules, and impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the Bylaws or rules adopted by the Board. Sanctions for violation may include, without limitation: (a) imposing reasonable monetary fines which shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator; provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board); (b) suspending an Owner's right to vote; (c) suspending any Person's right to use any recreational facilities within the Common Area; provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Unit; (d) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (e) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation; (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit in violation of Article IV and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activities in the Properties; and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the Bylaws: page 22 (a) exercising self-help in any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regulations); and (b) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation and/or perform such maintenance responsibilities in the manner described in Section 5,4, and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment. All remedies set forth in the Governing Documents shalt be cumulative of any remedies available at law or in equity_ In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take any action if the Board reasonably determines that the Association's position is not strong enough to justify taking such action that the covenant, Use Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law; or that it is not in the Association's interest, based upon hardship, expenses, or other reasonable criteria to pursue enforcement action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation, The Association, by contract or other agreement, may enforce applicable Local Jurisdiction ordinances, if applicable, and permit the Local Jurisdiction to enforce ordinances within the Properties for the benefit of the Association and its Members. While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in good faith to further the legitimate interests of the Association and its Members. In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents. 7.5. Implied Rights: Board Authority, The Association may exercise any right or privilege given to it expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. The Board may institute, defend, settle, or intervene on behalf of the Association in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members. In exercising the rights and powers of the Association, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be subject to, and their actions shall be judged in accordance with, the standards set forth in the Bylaws. page 23 7.6. Indemnification of Officers, Directors, and Others. To the fullest extent permitted by Washington law, the Association shall indemnify every officer, director, volunteer and committee member of the Association against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member. The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available. 7.7. Securi _ The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. 7.8. Effect of Dissolution of Association. In the event that the Association is dissolved and is no longer licensed as a non-profit corporation, the rights and duties of the Association (including, but not limited to, all ownership interest in the Common Areas) shall vest in the Owners, as an unincorporated association. Any Owner or any Mortgagee may reinstate the Association's corporate status, or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create its successor; and upon such reinstatement, the Owners' rights and duties, as described in this Declaration, shall re -vest in the reinstated or successor Association, and all owners shall be members thereof with all rights to vote provided by law and the organizational documents of the entity_ To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity. page 24 7.9. Provision of Services. The Association may provide or provide for services and facilities for the Members, their guests, lessees, and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use and consumption fees for such services and facilities. By way of example, some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, internet service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities. Nothing herein shall be construed as a representation by Declarant or the Association as to what, if any, services shall be provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its discretion, unless otherwise required by the Governing Documents, No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason. 7.10. Relations with Other Properties. The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities. 7.11_ Facilities and Services Open to the Public. Certain facilities and areas within the Properties may be open for use and enjoyment of the public. Such facilities and areas may include, by way of example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians. Declarant may designate such facilities and areas as open to the public at the time Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so designate at any time thereafter. Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property. 7.12. Permit Matters. The Properties may be subject to a variety of permit restrictions and obligations which are contained in the Permits and other Local Jurisdiction Ordinances and are binding upon the Properties and run with the land. The Association and each Owner shall comply with the restrictions and requirements of the Permits, as applicable. During initial development of the Properties, Declarant shall implement, maintain, and enforce the programs and requirements of the Permits. Declarant shall have the right, but not the obligation, to delegate or assign certain responsibilities to the Association or any committee, and the Association or such committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations. The cost of such activities shall be a Common Expense, if the activity is associated with the Community Area and for the general benefit of all of the community. In the performance of its responsibilities, the Association shall follow the standards and requirements of the Permits and the Local Jurisdiction's Ordinances. The Association shall comply with the design guidelines and maintenance standards referenced in the Permits, particularly in the use and preservation of native vegetation and landscaping, in the performance of its responsibilities under this Declaration. The Association shall allow the Local Jurisdiction to enter upon Tract C for the purposes of the Local Jurisdiction's monitoring, maintaining, preserving, and enhancing the storm drainage system located in the Tract. 7.13. Relation hi with Tax -Exempt Organizations. Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non-profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association, the Members, or residents. While such organizations may perform a variety of services and functions, it is anticipated that such activities will focus on environmental and conservation programs benefiting the community as a whole. If established by Declarant or the Association, the Association shall be responsible to fund the minimum organization page 25 expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity. Such expenses and any such contributions shall be a Common Expense. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time. Article VIII Association Finances 8.1. Budgeting and Allocating Common Expenses. At least 60 days before the beginning of each fiscal year, if there is any change in the sums that the Board anticipates will be collected or expended by the Association in the coming fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8.2. The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized in Section 8.6. The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.5 to fund the Common Expenses. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 8.6(b)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials, or within such other time period that may be mandated by law for non-profit homeowner associations, such as RCW 64.38.035. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing more than 50% of the total Class "N' votes in the Association and by the Class "B" Member, if such exists. Such ratification shall be effective whether or not a quorum is present. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. page 26 8.2. Budgeting for Reserves. The Board shall prepare and periodically review a reserve budget for the Areas of Common Responsibility for which the Association maintains capital items as a Common Expense. The budgets shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1 a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing by annual contributions over the budget period. 8.3. Special Assessments. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment may be levied as a Common Expense against the entire membership, if such Special Assessment is for Common Expenses, or against the Owners benefited by the Special Assessment, if the Special Assessment is made for the limited benefit of less than all of the Members. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) representing more than 54% of the total votes allocated to Units which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class "B" Members, if such exist. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.4. Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Unit as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Unit into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 8.5. Authority To Assess Owners: Time of Payrn Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation to pay assessments shall commence as to each Unit on the date each Unit is conveyed to an Owner by Declarant; provided, however, that if such Owner is a Builder, the obligation to pay assessments shall commence six months after the Unit is first conveyed to the Builder. The first annual Base Assessment levied on each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners with a history of delinquent payment. If the Board elects, assessments may be paid in two or more installments. Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his Unit, the Board may require the outstanding balance on all assessments to be paid in full immediately. page 27 8.6. Obligation for Assessments. (a) Personal Obligation. Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents, All assessments, together with interest (computed from its due date at a rate of 12% per annum or such other rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. in such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set- off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. (b) Exemption From Assessment. During the Class "B" control period, there shall be no assessment of any kind for Units or any other property owned by Declarant or those persons holding any Declarant rights, without the consent of the Declarant or the holder of such Declarant's rights_ (c) Declarant's Option To Fund Budget Deficits_ During the Class "B" Control Period, Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. page 28 8.7. Lien for Assessments. The Association shall have a lien against each Unit to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law), and costs of collection (including attorney's fees and costs, whether or not a lawsuit shall be involved). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Mortgage Recorded before the Recordation of the lien (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or non judicial foreclosure. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association fallowing foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. Sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, the sale or transfer of any Unit pursuant to foreclosure of the Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8.5, including such acquirer, its successors and assigns. 8.8 Suspension of Voting Rights, In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Member's right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys' fees and costs, if any, are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, the Declaration, or Washington state law, 8.9. Exempt PropAll Areas of Common Responsibility, portions of the Property owned by Declarant, and any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of Base Assessments and Special Assessments. In addition, Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed in Section 501(c). 8.10. Reimbursement of Declarant for Common Area Development and Capitalization of Association. Upon acquisition of record title to a Unit by the first Owner thereof other than Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount to be determined by Declarant or in the absence of the election of the Declarant to determine the contribution, by the Board if it elects to do so. Upon acquisition of record title to a Unit by the first Owner thereof, the Declarant, if it elects to do so, shall also be entitled to collect from the purchaser of the Unit a sum, to be determined by the Declarant, as a reimbursement made to page 29 the Declarant for the expenditures made by the Declarant to improve the Areas of Common Responsibility and organize the Association, on behalf of the Members. These amounts shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. These amounts shall be deposited into the purchase and sales escrow and disbursed therefrom to the Declarant for reimbursement, or to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws, as appropriate based upon the contributions required. 8.11 Reimbursements From Local Jurisdictions — Assignment to Declarant, In the event that the Association succeeds to the interest of the Declarant in any bond, fate comers' reimbursement, impact fee refund or similar right to receive a refund of funds paid by the Declarant pursuant to a requirement imposed by a Local Jurisdiction as a result of the Association's acquisition of Areas of Common Responsibility ("Refund"), the Association irrevocably assigns any such Refund to Declarant or to the holder of Declarant's rights, if such rights were completely assigned by Declarant. Upon receipt of notice that the Association is entitled to a Refund, the Association shall provide written notice of the Refund to the Declarant, the Declarant's assignee or, if the address cannot be determined from the public record, to The Quadrant Corporation or its successor in interest as identified in the records of the Secretary of State of the State of Washington. The Association shall assign to Declarant or Declarant's successor all Refunds to which the Association may become entitled, regardless of the time that may have passed since recordation of the Plat and the Association. PART FOUR: COMMUNITY DEVELOPMENT The Declaration reserves various rights to the developer to facilitate the smooth and orderly development of the community and to accommodate changes which occur as a community matures. Article IX Expansion of the Community 9.1. Expansion by Declarant_ Declarant may from time to time subject to the provisions of this Declaration all or any portion of property owned by the Declarant or the Declarant's successors in interest as designated by the Declarant, including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. Declarant's right to expand the Properties pursuant to this Section shall expire 20 years after this Declaration is Recorded_ Until then, Declarant may transfer or assign this right to any Person. Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop all of the property described in Exhibit "A" in any manner whatsoever_ 9.2. Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property_ A Supplemental Declaration shall require the affirmative vote of Members representing more than 50% of the Class "A" votes of the Association and the consent of the owner of the property. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, Declarants consent shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary. page 30 9.3. Additional Covenants and Easements. Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 9.4. Effect of Recording Supplemental _Derlaration, A Supplemental Declaration shall be effective upon Recording unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. Article X Additional Rights Reserved to Declarant 10.1. Withdrawal of Property. Declarant reserves the right to amend this Declaration, so long as Declarant has a right to annex additional property pursuant to Section 9. 1, for the purpose of removing any portion of the Properties which has not yet been improved with structures from the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner of the property to be withdrawn, if not a Declarant; such amendment shall be subject to any required approval by the Local Jurisdiction_ If the property is Common Area, the Association shall consent to such withdrawal. 10.2. Governmental Interests. Declarant may designate sites it owns within the Properties for fire, police, water, and sewer facilities, public schools and parks, and other public facilities. Sites may be designated for use of water infiltration under the Permit. Neither the Association, the PIC, nor the Owners may object to the use of such sites for the designated public purposes. 10.3. Marketina and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain upon portions of the Common Area such facilities and activities as, in Declarants sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges. 10.4. Right To Develo . Declarant and Declarant's employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as Declarant deems appropriate in its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined in the Permit. Every Person that acquires any interest in the Properties agrees not to protest, challenge, or otherwise object to the development of any real property by Declarant which lies adjacent to the Properties, and which could be subjected to the terms of this Declaration by Declarant. 10.5. Right To Approve Additional Covenants. No Person shall Record any declaration of covenants, conditions, and restrictions or similar instrument affecting any portion of the Properties page 31 without Declarant's review and written consent. Any attempted Recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by Declarant. 10.8, Right To Approve Changes in the Standards Within the Community. No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of Dectarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, 10.7. Right To Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or the Bylaws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless it is in a written instrument signed and Recorded by Declarant. The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to Record any written assignment unless necessary to evidence Declarant's consent to such exercise. 10.8. Easement To Inspect and Right To Correct. (a) Declarant reserves for Declarant and such other Persons as Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of the Properties, including Units and the Areas of Common Responsibility. Declarant shall have the right to redesign or correct any part of the Areas of Common Responsibility, and the designees of Declarant shall have the right to redesign or correct any Unit for which they were the Builder. (b) Entry onto a Unit shall be after reasonable notice, except in an emergency. Entry into a structure on a Unit shall be only after Declarant notifies the Unit's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Unit to perform such activities_ (c) Any damage to a Unit or the Areas of Common Responsibility resulting from the exercise of the easement or right of entry described in subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right. The exercise of these easements shall not unreasonably interfere with the use of any Unit and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. 90.9. Right to Notice of Design or Construction Claims. No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the community in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless Declarant and any builder involved in the design or construction have been first notified in writing and given an opportunity to meet with the Owner of the property to discuss the Owner's concerns and conduct their own inspection. 10.10. Termination of Rights. The rights contained in this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by Declarant of a written statement that all sales activity has ceased. page 32 PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY The nature of living in a planned community, with its wide array of properties and development types and its ongoing development activity, requires the creation of special property rights and provisions to address the needs and responsibilities of the Owners, Declarant, the Association, and others within or adjacent to the community. Article XI Easements 11.1. Easements in Common Area. Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to: the Association; (a) The Governing Documents and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to (c) The Board's right to: (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area; (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Owner's Unit remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of the Governing Documents after notice and a hearing pursuant to the Bylaws; (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth in this Declaration; (iv) impose membership requirements and charge admission or other use tees for the use of any recreational facility situated upon the Common Area (such membership requirements, admission or use fees may, in the Board's discretion, differentiate between Members of the Association and other persons entitled to use such facilities); (v) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public; (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subject to the approval requirements contained in this Declaration; and (d) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described in Article XII. page 33 Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease. 11.2. Easements of Encroachment. Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement. 11.3. Easements for Utilities. Etc. (a) Installation and Maintenance. Declarant reserves for Declarant, so long as Declarant owns any property described in Exhibit "A" of this Declaration or additional property subjected to the Declaration, on behalf of Declarant, Declarant's nominees, successors, and assigns, perpetual non-exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of: (i) installing utilities and infrastructure to serve the Properties, walkways, pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights-of-way or easements reserved for such purpose on Recorded plats; (ii) inspecting, maintaining, repairing, and replacing the utilities, infrastructure, and other improvements described in Section 11.3(a)(i), and any Street Trees; (iii) access to read utility meters; and (iv) access to from the public rights-of-way to any wetland, body of water, or water monitoring site to perform water monitoring and testing. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. No utilities may be installed or relocated on the Properties without approval of the Board or as provided by Declarant. (b) Specific Easements. Declarant also reserves the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described in Exhibits "A," or such additional property subjected to the terms of the Declaration The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned. page 34 11.4. Easements To Serve Additional Property. Declarant hereby reserves for Declarant and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of any additional property subjected to the terms of the Declaration, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that Declarant and Declarant's successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, or any other declaration of covenants, conditions, and restrictions under which an owners' association is created or provided for, Declarant or Declarant's successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such property. The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of the total number of residential dwellings within the Properties and on such benefited property. 11.5. Easements for Maintenance. Emergency, and Enforcement. In addition to the easements granted on the face of the Plat, Declarant grants to the Local Jurisdiction and the Association easements over the Properties as necessary to enable the Local Jurisdiction and the Association to fulfill its maintenance and enforcement responsibilities under applicable law and Section 7.2, respectively. The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents. Such right may be exercised by any member of the Board and its duly authorized agents and assignees, and all emergency personnel in the performance of their duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. 11.6. Technolociv Utility Easements. Declarant reserves, so long as Declarant owns any property described on Exhibit "A" of this Declaration, and additional property subjected to this Declaration by Declarant, perpetual, non-exclusive easements adjacent to the public rights-of-way throughout the Properties, on behalf of Declarant, and Declarant's nominees, successors and assigns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security, and other systems for sending and receiving data and/or other electronic signals ("Technology Utilities"), to serve the Properties and each Unit, such easements shall be exclusive to Declarant until granted or conveyed to a third party, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described in the instrument granting or conveying such easements or interests or on the recorded plats. Declarant also reserves for Declarant the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed in this Section and to grant and record in the public records such specific easements as may be necessary, in the sole discretion of Declarant, in connection with the orderly development of any property described on Exhibit "A," and additional property subjected to this Declarant by Declarant. Any such contract, agreement, or easement may, in Declarant's sole discretion, grant the exclusive right to access or use of such system, including page 35 the portions of the systems installed on or in the Units, dwellings, and other structures constructed on Units and Common Areas within the Properties. Any such contract, agreement, or easement entered into by Declarant may require that the Board enter into a bulk rate service agreement for the provision of services offered to all Units within the Properties. In such case, the cost shall be a Common Expense of the Association and shall be assessed as a part of the Base Assessment. If the service provides additional services or benefits to certain Owners or Units at their request, such additional services or benefits shall be paid directly by the Owner to the service provider, or become a Specific Assessment, as appropriate and specified in the agreement between the Association and the service provider. 11.7 City of Renton Drainage Easement for Recreation Tract B. A drainage easement over Tract B has been granted and conveyed to the City of Renton, a municipal corporation, on the face of the Plat for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans for the Plat on file with the City of Renton and approved for the Plat by the City of Renton, together with the right for the City of Renton, its successors or assigns, to enter said drainage easement and covenant for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained herein. Only the chain link fence, storm water conveyance, flow control and water quality facilities contained within the Tract will be considered for formal acceptance and maintenance by the City of Renton upon completion of the two-year maintenance bond period and correction of any maintenance defects identified in the final inspection by the City. Maintenance of all other improvements on this property shall be the responsibility of the Association and the Lot Owner(s). The Association and the Lot Owner(s) will be responsible for the cost for the restoration of any non - drainage improvements removed or altered as the result of the maintenance, repair, improvement and reconstruction of the drainage improvements. The Association and the Lot Owner(s) are to obtain any required permits from the City of Renton, or its successor agency, prior to activities such as clearing and grading, filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as fawn mowing) in open vegetated drainage facilities or performing any alterations or modifications to the drainage facilities contained within said drainage easement. This easement and covenant is intended to facilitate reasonable access for the operation, maintenance, repair, improvement, and reconstruction of the drainage facilities. This easement and covenant shall run with the land and is binding upon the Association and the Lot Owner(s), their heirs, successors and assigns. No modification of the Tract or landscaping within the Tract shall be allowed without the City's prior written approval, Notwithstanding Article Eighteen, the covenants contained in this Section 11.7 shall be irrevocable, and binding on all the Owners, including their assigns, heirs, and successors. Article X11 Exclusive Common Areas 12.1. Purpose. Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of specific Owners and occupants. By way of illustration and not limitation, Exclusive Common Areas may include entry features, private driveways, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area. All costs associated with maintenance, repair, replacement, and insurance of an Exclusive Common Area shall be a Common Expense allocated among the Owners to which the Exclusive Common Areas are assigned. 12.2. Designation. Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association, in this Declaration, or on the subdivision plat relating to page 36 such Common Area; provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units, so long as Declarant has a right to subject additional property to this Declaration pursuant to Section 9.1. Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a majority of the total Class "A" votes in the Association, including a majority of the votes of the Owners affected by the proposed assignment or reassignment. As long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1, any such assignment or reassignment shall also require Declarant's written consent. 12.3. Use by Others. Upon approval of a majority of Owners of Units to which any Exclusive Common Area is assigned, the Association may permit Owners of other Units, or other persons who are not Owners, to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Common Expenses attributable to such Exclusive Common Area. Article XIII Party Walls and Other Shared Structures 13.1, General Rules of Law to Arviv. Each wall, fence, driveway, utility, sewer or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Any tract which provides access to more than one Unit is a party structure, the maintenance and repair of which is governed by the Declaration and this Article. 13.2. M intenance: Damage and Destruction. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 13.3. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title. 13.4. Disputes. Any dispute arising concerning a party structure shall be handled in accordance with the provisions of Article XIV. PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY The growth and success of the Properties as a community in which people enjoy living, working, and playing requires good faith efforts to resolve disputes amicably, attention to and understanding of relationships within the community and with our neighbors, and protection of the rights of others who have an interest in the community. page 37 Article XIV Dispute Resolution and limitation on Litigation 14.1. Dispute Resolution Methods. The provisions of this Article shall govern the resolution of all Claims between any Bound Party. Claims, disputes and controversies shall be resolved pursuant to the Arbitration Agreements described in Section 14.4, unless specifically exempted from the Arbitration Agreements by Section 14.3; if exempt from the Arbitration Agreements, the Exempt Claims may be litigated in a court of competent jurisdiction. Before any Claims are brought by the Association against any Person, the Association shall comply with the requirements of Sections 14.5. 14.2. Claims and .Exempt Claims. Unless specifically identified as an Exempt Claim in this Section, all claims or disputes arising out of or relating to (a) the interpretation, application or enforcement of the Governing Documents; (b) the rights, obligations and duties of any Bound Party under the Governing Documents; (c) relating to the design or construction of improvements on the Properties, (d) breach of contract, (e) negligent or intentional misrepresentations or nondisclosure in the inducement, (f) execution or performance of any contract related to the Condominium, including the Arbitration Agreements described in this Article, (g) any alleged statutory violation, (h) any claim of bodily injury related to the design or construction of the Units and the Common Elements, and (i) any claim made under the Washington State Consumer Protection Act (collectively, "Claims") shall be subject to the provisions of Section 14.4, which require the Claims to be arbitrated. Unless all necessary parties otherwise agree, the following list of exemptions ("Exempt Claims") shall not be Claims, and shall not be subject to the provisions of Section 14.4 requiring arbitration, nor shall Exempt Claims be subject to the provisions of Section 14.5 -14.7: 14.2.1 any suit by the Association against any Bound Party to collect assessments, enforce liens, enforce the provisions of the Governing Documents; 14.2.2 any suit by the Association to obtain equitable relief (i.e., temporary restraining order, injunction, or specific performance) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Articles III, Article IV and Article V; 14.2.3 any suit brought by the Association to challenge tax assessments; 14.2.4 any suit brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor; 14.2.5 counterclaims brought by the Association in proceedings instituted against the Association; 14.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration; 14.2.7 any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount in controversy exceeds $10,000.00; 14.2.8 any suit in which any indispensable party is not a Bound Party; and page 38 14.2.9 any suit as to which any applicable statute of limitations would expire within 160 days of giving the Notice required by Section 14.4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article_ With the consent of all parties thereto, any of the above exemptions voluntarily may be submitted to the arbitration procedures set forth in Section 14.4. If the Association seeks to litigate items 14.2.1 through 14.2.5, such litigation shall require the majority vote of the Board of Directors. 14.3, Bound Parties. Declarant, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party or by stipulation shall be a "Bound Party" for the purposes of this Article XIV. 14.4, Arbitration Agre m n s. Each Bound Party covenants and agrees to submit all Claims to the arbitration procedures set forth in this Section 14.4, in lieu of filing suit in any court. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements described in this paragraph, including, without limitation, revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver or estoppel, shall be decided by the Arbitrator. The decision of the Arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Arbitration Agreements shall inure to the benefit of, and be enforceable by, Declarant and Declarant's subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the Common Elements; and shall be binding upon all family members and tenants of the Owners and the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable under these Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the Arbitration Agreements. If any provision of these Arbitration Agreements shall be determined by the Arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Any party shall be entitled to recover reasonable attorney's fees, litigation expenses and costs incurred in enforcing the Arbitration Agreements, as provided in Section 14.8, 14.4.1 Arbitration Agreement for Non -Warranty Claims. The Bound Parties agree that any Claim which is not a Claim covered by a Warranty (as described in Section 14.4.2) shall be settled and resolved by arbitration as described herein. The Arbitration shall be conducted by the American Arbitration Association, Construction Arbitration Services, Inc., DeMars & Associates, Ltd., or another arbitration service selected by the parties in writing, pursuant to the arbitration service's applicable arbitration rules to the extent such rules are not inconsistent with this Arbitration Agreement. If the parties fail to agree on the selection of an arbitration service, the choice of arbitration service shall be that of the Claimant. All administrative fees of the arbitration service and fees of the Arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the Arbitrator to reallocate such fees in the interest of justice. The Arbitrator shall take such steps as may be necessary to hold a hearing within ninety (90) days of the initial demand for arbitration and to conclude the hearing within three (3) days; and the Arbitrator's written decision shall be made not later than fourteen (14) calendar days after the hearing. These time limits are included in order to expedite the proceeding, but they are not jurisdictional, and the Arbitrator may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim determined and the award made on each claim. In making the decision and award, the Arbitrator shall apply applicable substantive law. The Arbitrator may award injunctive relief or any other remedy available from page 39 a judge, including without limitation joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact, or which may promote judicial economy, but shall not have the power to award punitive or exemplary damages. The parties expressly agree that this Arbitration Agreement involves and concerns interstate commerce, and is governed by the Federal Arbitration Act (9 U.S.C. §1, et. seq.) to the exclusion of any different or inconsistent state or local law, ordinance or judicial rule; and to the extent that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the arbitration service rules shall govern the conduct of the proceeding. 14.4.2 Arbitration Agreement for Warrant Claims, The Bound Parties agree that any Claim which is a Claim covered by a Warranty shall be settled and resolved by arbitration as described in this Subsection 14,4.2. A Warranty Claim is a Claim, dispute or controversy between Bound Parties arising from or related to alleged defects in the Unit or the Common Elements which are asserted after the closing of the transfer of title to a Unit, and which are covered by a contractual warranty supplied to the buyer of the Unit by the seller of the Unit. Warranty Claims shall be submitted to binding arbitration commenced and conducted in accordance with the arbitration provision of the Warranty, even if such provisions are inconsistent with the provisions of this Subsection 14.4. 14.4.3 Limitation Upon Amendments. The Declarant, the Association and all Owners hereby acknowledge and agree that no amendment of this Declaration shall modify, alter or delete any portion of the Arbitration Agreements in Section 14.4 of this Declaration without the written consent of the Declarant attached to and recorded with such amendment, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. 14.4.4 Binding Upon Successors and Assigns. The Declarant, the Association and all Owners acknowledge and agree that, by virtue of the recording of the Declaration, these Arbitration Agreements shall run with title to the real property subject to the Declaration and all additional phases, and shall be binding upon all Persons having any right, title or interest in all or any portion of the real property subject to the Declaration their respective heirs, legal representatives, successors, successors - in -title, and assigns, and shall be for the benefit of the Declarant and all Owners of Units and Common Elements subject to this Declaration, regardless of whether Declarant continues to maintain an ownership interest in any Unit or membership in the Association. 14.5. Consensus for Association Litigation of Claims. The Association shall not commence arbitration, judicial or administrative proceedings to resolve a Claim without the approval of Members representing at least 67% of the total votes in the Association. In the event the judicial or administration proceeding is against the Declarant or any former Declarant, 75°% of the total votes in the Association are required to commence such proceeding. This Section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 14.6. Mandatory Procedures for Litigation of Claims. 14.6.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties') shall notify each Respondent in writing (the "Notice"), stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal basis of the Claim (i.e., the specific authority out of which page 40 the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 14.6.2 Negotiation and Medi ion. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Association's Board may appoint a representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 34 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of any Local Jurisdiction dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in the area. if Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"), The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Within five (5) days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand, If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.6.3 Final and Bindinq Arbitration. If the Parties do not agree in writing to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claim to arbitration in accordance with Section 14.4. If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant. This subsection is an agreement to arbitrate and is specifically enforceable under federal and state arbitration laws. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under federal and Washington State laws. 14.7 Allocation of Costs of Resolving Claims. Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs"), except as otherwise ordered by the arbitrator pursuant to Section 14.4. Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs, except as otherwise provided in this subsection. page 41 14.8 Enforcement of Resolution - Attorney's Feesand-Cos ts. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 14.4 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any abiding or complying Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.4, In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs, If the Bound Parties litigate an Exempt Claim, the prevailing party in such litigation shall be entitled to payment of ail attorney's fees, litigation and costs by the non -prevailing party. Article XV Mortgagee Provisions The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units in the Properties. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein, 15.1. Notices -of ho i n. An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of; (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder; (b) Any delinquency in the payment of assessments or charges owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Unit or the Owner or Occupant which is not cured within 60 days; (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association; or (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders. 15.2. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage Corporation or any successor to FHLMC, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection); page 42 (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Unit (a decision, including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration), (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Units and the Common Area (the issuance and amendment of architectural standards, Use Restrictions pursuant to Article III, procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association_ 15.3. Other Provisions for First Lien Holders. To the extent not inconsistent with Washington law: (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. (b) Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to Mortgages held by such Eligible Holders are allocated. 15.4. Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association as a result of destruction, damage, or condemnation pursuant to Section 15.3(a) and (b), or to the addition of land in accordance with Article Ix. (a) The consent of Members representing at least 67% of the Class "A" votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Units to which at least 67% of the votes of Units subject to a Mortgage appertain, shall be required to terminate the Association. page 43 (b) The consent of Members representing at least 67% of the Class "A' votes and of Declarant, so long as Declarant owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Units to which at least 51% of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provisions of the Declaration, Bylaws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following: Area; (i) voting; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of the Common (iv) insurance or fidelity bonds; (v) rights to use the Common Area; (vi) responsibility for maintenance and repair of the Properties; (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association; (viii) boundaries of any Unit; (ix) leasing of Units; (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit; (xi) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (xii) any provisions included in the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units. 15.5. No Priori . No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. 15.6. Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit. 15.7. Failure of Mortgagee To Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 30 days of the date of the page 44 Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. 15.8. Construction of Article XV. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or Washington law for any of the acts set out in this Article. 15.9. Amendment by Board. Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. PART SEVEN: CHANGES IN THE COMMUNITY Communities are dynamic and constantly evolving as circumstances, technology, needs and desires, and laws change, as the residents' age and change over time, and as the surrounding community changes. The Properties and its Governing Documents must be able to adapt to these changes while protecting the things that make this community unique. Article XVl Changes in Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Unit shall, within seven days of taking title to a Unit, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Unit, including assessment obligations, until the date upon which such notice is received by the Board, notwithstanding the transfer of title. page 45 Article XVII Changes in Common Area 17.1. Condemnation. If any part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes in the Association and of Declarant, as long as Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9.1) by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shall be payable to the Association to be disbursed as follows: If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within 60 days after such taking Declarant, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration in accordance with Section 9. 1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 7.3(c) regarding funds for restoring improvements shall apply. If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 17.2. Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees. This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. 17.3. Transfer or Dedication of Common Area_ The Association may transfer, dedicate, or grant easements over portions of the Common Area to any other local, state, or federal governmental or quasi -governmental entity without a vote of the Owners subject to compliance with Section 95.2, if applicable. Article XVlll Amendment of Declaration 18.1. By _Declarant. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Unit to a Person other than a Builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units; or (d) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent in writing. page 46 In addition, so long as Declarant owns property described in Exhibit "A" for development as part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. 18.2. By Members. Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class "A" votes in the Association, including 67% of the Class "A" votes held by Members other than Declarant, and Declarants consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9.1. in addition, the approval requirements set forth in Article XV shall be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 18.3. Validity and Effective Date. No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class "B" Member without Declarants written consent or the Class "B" Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. Any amendment shall become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration_ 18.4. Exhibits. Exhibit "A" attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit "B" is incorporated by reference and may be amended pursuant to Sections 18.1 and 18.2, or as provided in Article III. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above. THE QUADRANT CORPORATION, a Washington corporation, doing business as Quadrant Homes By. onnie Geers, Vice President page 47 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Bonnie Geers is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated their authority to execute the instrument and acknowledged it as the Vice President of The Quadrant Corporation on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED and SWORN to before me this ja day of —1 i ..►�t r " 2016. •` %A. AQ It, fjj C9_ �,�940N �o�, /�f r -V of �-. y 5U a�� i s jjjtt jj OP WAs;��.�`� 1111\\� (printed name),--- NOTARY ame):-- NOTARY PUBLIC My Commission expires: page 48 EXHIBIT "A" Land Submitted to Declaration Lots 1-47 and Tracts A, B. C, D, E and F of Copperwood, according to the plat thereof recorded in Volume _ of Plats, Pages _through _____, inclusive, records of King County, Washington. Situate in the County of King, State of Washington. page 49 EXHIBIT "B" Initial Use Restrictions The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limited by the Association pursuant to Article III of the Declaration. (a) General. The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders, or the Association consistent with this Declaration and any Supplemental Declaration). (b) Restrictions. The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board: (1) Temporary Structures Prohibited, No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the PIC. (2) Nuisances. No noxious or undesirable thing, activity or use of any Unit in the Properties shall be permitted or maintained. If the PIC shall determine that a thing or use of any Unit or any part of the Properties is undesirable or noxious, such determination shall be conclusive_ The PIC may recommend and the Board may direct that steps be taken as is reasonably necessary including, without limitation, the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 84.38, to abate any activity, remove anything or terminate any use of property which is determined by the PIC or described in this Declaration to constitute a nuisance. (3) Limitation on Animals. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Unit on which they are kept. Provided, however, the Board in its discretion may designate certain tracts as off -leash dog areas, subject to reasonable rules, so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all solid waste is removed by the Owner utilizing the Tract for such purposes. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Each Owner shall be responsible for cleaning up after his or her animal for any waste or damage to any area outside of the Owner's Unit. (4) Limitation on Signs. The Association may regulate or prohibit all signs, to the full extent allowed by State law. The Association may establish guidelines or restrictions including duration, location and appearance of signs. In addition to other rights reserved to Declarant in the Declaration, Declarant hereby reserves for itself and all Builders, so long as Declarant or any Builders own any Lot, the right to maintain upon the Properties such signs as in the opinion of Declarant are required, convenient or incidental to the merchandising and sale of the Lots. (5) Completion of Construction Projects. The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within one year of the date of commencement of construction, except such construction as is performed by Declarant, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Unit, and rear yard landscaping must be completed within six months of completion of a Unit. Except with the approval of the Board, no person shall reside on the premises of any Unit until such time as the improvements to be erected on the Unit in accordance with the plans and specifications approved by the Board have been completed. (6) Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Unit. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit unless prior written approval shall have been obtained from the PIC. Garbage containers and recycle bins are to be stored so as not to be seen from the street, except on pick-up days. Owners should insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up around their property at all times. (7) Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties without PIC approval. All over-the-air reception devices shall comply with the Residential Design Guidelines or other applicable rules adopted by the Association pertaining to the means, method and location of antennas and satellite dishes. PIC approval will be consistent with FCC regulations. (8) Setbacks. No building shall be located on any Unit nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. (9) Roofs. Roofs on all buildings must be finished with materials approved for use by the PIC. More than one type of material may be approved. (10) Fences, Walls. In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been obtained from the PIC. The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and finished according to the standard fence detail, as such detail is initially designated by the PIC. If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the PIC. (11) Residential Use On . Except for Declarant's or a Builder's temporary sales, construction offices and model homes, no Unit shall be used for other than one detached single -family residential dwelling, with driveway parking used for not more than three cars. (12) Underground Utilities Reguired. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. page 2 (13) Sales and Construction Facilities. Notwithstanding any other provision in this Declaration to the contrary, it is expressly permissible for Declarant, a Builder, and their agents, employees or nominees, to maintain on any portion of the Properties owned by Declarant, a Builder or on the Common Areas such facilities as the they may reasonably feel are required, convenient or incidental to the construction and/or sales of Units or improvements thereon. Declarant may permit, in writing, an individual Owner or third party purchaser to maintain temporary equipment and construction material on the Owner's Unit when the Declarant feels the same is reasonably required, convenient or incidental to construction activities for improvement of the Unit. (14) Drainage Waters. Following original grading of the roads and ways of the Properties, no drainage waters shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way. The Owner of any Unit, prior to making any alteration in the drainage system, must make application to and receive approval from the applicable governmental jurisdiction. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any Unit as may be undertaken by or for the Owner of any Unit shall be done by and at the expense of such Owner. (15) NBA Restrictions and Maintenance. All areas designated on the Plat as Native Growth Protection Area, Sensitive Area, Buffer, Natural Buffer Area, Wetland or Wetland Buffer (collectively, "NBA") shall be left permanently undisturbed in a substantially natural state. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these areas, except the activities approved by the Local Jurisdiction. Some activities that may be permitted are: (1) underground utility lines and drainage discharge swales may cross such areas, utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing; (2) fences, when the NBA and its buffer are not detrimentally affected; and (3) removal of hazardous vegetation by the Owner of a Unit on which a NBA is located. The Association shall be responsible for operating, maintaining and restoring the condition of the NBA in the event any unauthorized disturbance occurs; however, in the event that this disturbance is determined to be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA from the party disturbing the area. (16) Deviation by Consent of Declarant. Declarant hereby reserve the right to enter into an agreement with the Owner of any Unit (without the consent of the Owner of any other Unit) to deviate from the conditions, restrictions, limitations or agreements contained in this Declaration. Any deviation shall be manifested in an agreement in writing and shall not constitute a waiver of any such condition; restriction, limitation, or agreement as to the remaining Lots located on the Properties; and the condition, restriction, limitation or agreement waived by Declarant shall remain fully enforceable as to all other Lots located in the Properties. (17) Timeshares_ No operation of a timesharing, fraction -sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, is permitted. However, the Declarant may operate such a program and may permit others to operate such a program in the Plat. (18) Conversion of Carports or Garages. Conversion of any carport, garage, attic, or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Unit is prohibited. page 3 (19) Irrigation Systems. No sprinkler or irrigation systems or wells of any type may draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant and its designees shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent allowed by the Permits. (20) Burning. No open-air burning or use of wood stoves is permitted, except in compliance with Local Jurisdiction Ordinances. However, outdoor cooking facilities, such as barbeques, are permissible subject to rules, regulations, and Local Jurisdiction Ordinances_ (21) Limitation on Storage of Vehicle_ s - Temporary Permits for _RVs. Except as hereinafter expressly provided, the Units, Common Areas and/or streets located on the Properties shall not be used for the storage and/or ovemight parking of any vehicle other than private family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the Unit (provided that such commercial vehicles contain a single rear axle). Vehicles shall not be parked on a driveway or street in lieu of being parked in an available space in a garage, except as otherwise provided by Rules established by the Board. goats, boat trailers, house trailers, campers, trucks, trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Properties, except as specified herein, or as may be permitted by Rules established by the Board. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any Unit or street unless stored in a garage. Notwithstanding the foregoing, Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the PIC for guests to park a vehicle on the driveway of a Unit for a period of up to 72 hours, and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the PIC or its authorized representative to park at the Unit. An Owner that stores a recreation vehicle off-site may park the vehicle on the driveway of a Unit for 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel. (22) Changing Unit Contours and Drainage; Subdivisions. The surface grade or elevation of the various Units shall not be substantially altered or changed in any manner which would affect the relationship of such Unit with other Units, or which would result in materially obstructing the view from any other Unit, or which would otherwise produce an effect out of harmony with the general development of the immediate area in which said Unit is located. Whether or not such alteration or change in the elevation or grade of any Unit would be prohibited shall be determined by the Declarant during the Class "B" Control Period in its sole and uncontrolled discretion. No further subdivision of any Unit without resubmitting for formal plat procedure is allowed. The sale or lease of less than a whole Unit in the Plat is expressly prohibited. (23) Garbage Disposal. The Owners of the Units shall ensure that no garbage can or other receptacle will be visible from any place outside the residence except on collection day. (24) Prohibited Materials. In order to protect the environment, sensitive areas and water quality precautions must be taken with the storm drainage system on site_ The following materials shall not be allowed to enter any surface or subsurface part of the public and/or private drainage system. page 4 (i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil. (ii) Trash and/or debris. (iii) Animal waste. (iv) Chemicals and/or paint_ (v) Steam cleaning waste. (vi) Washing uncured concrete for cleaning and/or finishing purposes or to expose aggregate. (vii) Laundry wastes or other soaps. (viii) Pesticides, herbicides, or fertilizers, (ix) Sewerage. (x) Heated water. (xi) Chlorinated water or chlorine. (xii) Degreasers and/or solvents. (xiii) Bark or other fibrous material. (xiv) Antifreeze and/or other automotive products. (xv) Lawn clippings, leaves or branches. (xvi) Animal carcasses. (xvii) Silt. (xviii) Acids or alkalis. (xix) Recreation vehicle wastes. (xx) Dyes, unless prior permission has been granted by the Local Jurisdiction. (xxi) Construction materials. Any Owner found to not be in compliance with the use, handling or storage of these items shall immediately remove and remedy the matter, upon written notice of the Association or the Local Jurisdiction. (c) Street Trees. Street Trees are those trees planted by Declarant, or at the Declarant's direction, to comply with the requirements contained in the Plat. Street Trees may be located on Units near the public right of ways that lie within and along the boundaries of the Plat. Street Trees that are located within Common Areas are owned by the Association. A pre-existing tree or a tree planted by the Declarant on a Unit at the time it is purchased by an Owner is considered a Street Tree. Any tree located within twenty (20) feet of a public right of way (whether such right of way is located within or outside the Plat), shall be presumed to be a Street Tree subject to the restrictions contained herein, unless the Association, the Declarant or the Local Jurisdiction confirm otherwise in writing to the Owner. (1) Easement Granted. The Association, the Declarant (and any Builder or person who has posted a bond related to the planting, maintenance or replacement of Street Trees with any government jurisdiction, and who has agreed to carry out the Declarant's duties as they pertain to Street Trees — who for the purpose of this Section may exercise the Declarant's rights related to Street Trees) are granted an easement to place, care for and maintain Street Trees on each Unit on the Properties, in locations adjacent to the public right of ways and sidewalks, whether such public right of ways are located along the front, side or back boundary of a Unit. The easement granted herein shall extend onto a Unit for a distance sufficient for a Street Tree (of a variety approved by the Local Jurisdiction or its successor) to be planted, maintained and pruned in manner consistent with good nursery practices. The page 5 Association and the Declarant are also granted such temporary easements that are needed to reach the location of any Street Tree, across any Unit or Common Areas on the Properties. (2) Responsibility for Planting and Maintenance of Street Trees. The Declarant shall, in their sole discretion (but consistent with the requirements of the Local Jurisdiction), plant the Street Trees in such locations on the Units along the right of ways and in the Common Areas that the Declarant determines. The Owners and the Association shall have primary responsibility for the maintenance of the Street Trees after they are planted, unless such responsibility is assumed by the Local Jurisdiction. The division of responsibility between the Owners, the Association and the Local Jurisdiction for different aspects of maintenance of the Street Trees may be established by notations on the face of the Plat, or if there are no such notations, by rule promulgated by the Board or ordinance adopted by the Local Jurisdiction. The Owners and the Association shall provide such maintenance to the Street Trees that is appropriate, based upon good nursery practices and requirements imposed by the Declarant or the Local Jurisdiction. The Owners and the Association shall be prohibited from (1) voting to abandon or ceasing the maintenance of the Street Trees, or (2) removing or altering (other than appropriate pruning) the Street Trees without permission of Declarant, until such date that the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees is released and fully exonerated, without charge or reduction, or upon the bonds' forfeiture. (3) Remedies for Failure to Maintain Street Trees. In the event that any Owner and the Association fail to maintain the Street Trees, a Declarant may elect to maintain the Street Trees and may charge the Association and the Owners, as a special assessment, the cost of such maintenance. The special assessment arising under this section shall be a lien on the Properties in favor of Declarant, which Declarant may enforce (in place of the Association) in the manner described in the Declaration. In the alternative, Declarant may elect to charge any sums deducted from the Declarant's performance bond as a special assessment against the Association and the Owners, impose the special assessment as a lien on the Properties in favor of Declarant, and enforce such special assessment (in place of the Association) in the manner described in the Declaration. This provision may not be amended without the permission of Declarant, until the Declarant's performance and maintenance bonds posted with any governmental jurisdiction related to the Street Trees are released and fully exonerated, without charge or reduction, or such bonds are forfeited. (4) Remedies Upon Removal or Alteration of Street Trees. In the event that an Owner removes or alters inappropriately a Street Tree without written permission of a Declarant (until the Declarant's performance and maintenance bonds are released or forfeited, and then the Association or the Local Jurisdiction, if the Local Jurisdiction assumes responsibility for the Street Trees), the removal shall be a violation of this Declaration and of RCW 64.12.636. Declarant, (until Declarant's performance and maintenance bonds are released in full without claim, and then the Association or the Local Jurisdiction), may bring an action to restrain the removal of any Street Tree, or for damages arising from such removal, including such additional, treble damages and attorney's fees that are available under this Declaration or state law_ (5) Termination or Alteration of Restrictions on Removal of Street Trees. Declarant's rights and duties described herein shall cease and automatically terminate upon (1) release in full, without claims, of the Declarant's performance and maintenance bonds, (2) recovery of compensation by Declarant for all suras deducted from the bond, or (3) a date six years from the date of any bond forfeiture, whichever event occurs first. After Declarant's performance and maintenance bonds are released or forfeited, and the Declarant has received the full exoneration of the bonds without claims, or compensation for any payments made from the bonds, the Association may apply to the Local page 6 Jurisdiction or its successor for approval to terminate or alter the restrictions imposed upon the removal or alteration of Street Trees described in this Section. Such application may be made if a majority of the Owners approve of the Association's application for termination or alteration of the Street Tree restrictions. Upon written notification from the Local Jurisdiction of the termination or alteration of the restrictions upon Street Trees contained herein, the Association shall record a copy of the written notice in the Recorder's Office of the Local Jurisdiction in which the Plat is located. Upon recordation of such notice, the provisions of this related to Street Trees shall terminate or be amended in the manner described in the notice. (d) Restrictions Upon Rentals, This Section applies to the renting or leasing of Units (collectively, "renting" or "rental"), including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal, and all living arrangements in any way governed by the provisions of RCW 59.12 or RCW 59.18, and shall also apply to any sublease of a Unit and the assignment of any lease of a Unit. No Unit Owner may rent a Unit or any portion of a Unit without prior written approval of the Board of the Association ("Rental Approval"). No rental of a Unit or any portion of a Unit shall be valid or enforceable unless it complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant. The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval_ The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner -occupied residential environment. (1) Definitions. The following definitions shall apply to this Section: (a) 'Occupant" means anyone who occupies any portion of a Unit as a permanent residence or who stays overnight in any Unit more than fourteen (14) days in any calendar month, or more than thirty (30) days any calendar year. (b) "Related Party" means a person who has been certified in a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7) the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as "domestic partner" is defined by Seattle Municipal Code Section 4.30.020, or any amendment of successor to such statute, or if the statute is repealed, the definition last contained in the statute before its repeal, or if the Local Jurisdiction adopts such a statute, the statute adopted by the Local Jurisdiction, (9) the officer, director or employee of any Owner which is a corporation, (10) member or employee of any Owner that is a limited liability company, or (11) partner or employee of any Owner that is a partnership. (c) "Rental Agreement" shall mean any agreement, written or oral, related to the renting or leasing of any Unit or portion of a Unit. (d) "Tenant" means and includes a tenant, lessee, renter or other non -Owner occupant of a Unit that is not occupied by its Owner. For the purposes of the declaration, the term Tenant shall not include a Related Party. page 7 (2) Rental Limitation. During the Class B Control Period, no Unit or portion of a Unit may be rented by an Owner without the written permission of Declarant. After Declarant holds no property subject to this Declaration or described in Exhibit A, and the Class B Control Period has ended, the Board may determine the number of Units that may be rented at any one time, by adoption of a rule setting the number of Units that may be rented. The Board may determine that no Units or portions of Units may be rented. The restrictions contained in this section shall be known as the "Rental Limitation". (3) Procedure for Obtainina Approval for Renting Unit. Owners interested in renting their Unit or a portion thereof (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board in such form as shall be reviewed and accepted by the Board. Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit. In the event the Unit is not rented within the 90 -day period, Rental Approval shall automatically be revoked. Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90 -day period, or if a written rental agreement is signed within the 90 -day period and the term commences within 30 days of the signing of the rental agreement. (4) Waiting List_ Request for Rental Approval shall be processed and approved in the order received by the Board. Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List. Each Owner who has rented his/her Unit shall promptly give written notice to the Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit. The Owner in the next available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit in accordance with the terms and conditions of this Article. If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List. (5) Approved Rental Unit, A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section. A Unit shall remain an Approved Rental Unit in the event the Owner extends or renews an existing rental agreement or rents the Unit to a new renter in strict accordance with this Article. However, in the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement in strict accordance with this Article for a period of thirty (30) days or more, or (2) is the subject of a transfer other than an exempt transfer (as defined below), made by the Owner to a new Owner, the Unit shall be deemed to be an Owner Occupied Unit. Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval in accordance with this Article. For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from an Owner to any person. (6) Hardship Exceotion. The Board shall have the right, in the exercise of reasonable discretion, to permit exceptions to the Rental Limitation in connection with hardship cases. In other words, where the Board determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner -occupied neighborhood, then the Board may, in its discretion, grant an Owner a waiver of the Rental Limitation for such a temporary period as to be determined by the Board. In addition, the Board shall have the page 8 authority, notwithstanding the Rental Limitation, to consent to the Rental of a Unit, title to which is acquired following a default in a mortgage or Deed of Trust, (7) Copies of Rental Agreement Provided to Association. In addition to the requirement that the Association approve the Rental Agreement prior to execution of the Rental Agreement, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences. (8) Delivery of Governing Documents to Tenants. Prior to signing any Rental Agreement, it shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i.e. this Declaration, the Bylaws, and the Rules and Regulations of the Association. If it is determined that the Owner has failed to provide copies of such documents to the Tenant, the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner. (9) Violation of Governing Documents by Tenants. The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant, as it has against an Owner, including all such rights and remedies as are otherwise provided in the Governing Documents or by applicable Washington law. In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of the Governing Documents, the Board may give notice to the Owner to immediately cease such violations. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard. The Board shall have no liability to an Owner or Tenant for any eviction made in good faith. The Association shall have a lien against title to the Owner's Unit for any costs incurred by it in connection with such eviction, including reasonable attorneys' fees, which may be collected and foreclosed by the Association in the same manner as assessments are collected and foreclosed. (10) Rules and Regulation . The Board may adopt Rules and Regulations in furtherance of the administration of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members. (11) Requirements of Rental Agreement. All Rental Agreements shall be in writing. Any Rental Agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the Rental Agreement. (12) Rent Paid to Association- If a Unit is rented by its Owner, the Board may collect, and the Tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the Tenant to the Association hereunder, plus interest, costs, litigation expenses and attorney's fees if the same are in default over thirty (30) days. The Tenant shall not have the right to question payment to the Board, and such payment will discharge the Tenants duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the Rental Agreement. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner, nor in derogation of any right which a Mortgagee of such Unit may have with respect to such rents. page 9 Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: Quadrant Grantee: City of Renton Legal Description: Lots 1 47 of the Flat of inclusive, records of as recorded in Volume of Plats, Assessor's Tax Parcel ID#:1 - - 5 5 05-9093.00 1523 3-83, 152305-9100-01, 152305-9043-01, 152305-9221-05, 152305-9170-06 IN CONSIDERATION of the approved City of Renton Constuction permit for application file No. LUA/SWP 14-MOS50 relating to the real property ("Property") described above, the Grantor(s), the owner(R) in fee of that Property, hereby covenants(covenant) with the City of Renton, a political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 10 below with regard to the Property, and hereby grants(grant) an easement as described in Paragraphs 2 and 3. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: 1. The Grantor(s) or his/her(their) successors in interest and assigns ("Owners of the described property") shall at their own cost, operate, maintain, and keep in good repair, the Property's stormwater facilities and/or best management practices ("BMPs") constructed as required in the approved construction plans and specifications on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) U14006283 _. The property's stormwatcr facilities and/or best management practices C'BMPs") are shown and/or listed on Exhibit A. The property's stormwater facilities and/or BMPs shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. Stormwater facilities include pipes, swales, tanks, vaults, ponds, and other engineered structures designed to manage and/or treat stormwater on the Property, Stormwater BMPs include dispersion and infiltration devices, native vegetated areas, permeable pavements, vegetated roofs, rainwater harvesting systems, reduced impervious surface coverage, and other measures designed to reduce the amount of stormwater runoff on the Property. 2. City of Renton shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and BWs and conduct maintenance activities specified in this Declaration of Covenant and in accordance with RMC 4-6-030, 3. If City of Renton determines that maintenance or repair work is required to be done to any of the stormwater facilities or BMPs, City of Renton shall give notice of the specific maintenance and/or repair work required pursuant to RMC 4-b-030. The City shall also set a reasonable time in which such Page 1 of 3 Form Approved by City Attomey 1012013 L'lJi� work is to be completed by the Owners. If the above required maintenance or repair is not completed within the time set by the City, the City may perform the required maintenance or repair, and hereby is given, access to the Property, subject to the exclusion in Paragraph 2 above, for such purposes. Written notice will be sent to the Owners stating the City's intention to perform such work This work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the City, there exists an imminent or present danger, the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately - 4. If at any time the City of Renton reasonably determines that a stormwater facility or BMP on the Property creates any of the hazardous conditions listed in RMC 44-060 G or relevant municipal successor's codes as applicable and herein incorporated by reference, the City may take measures specified therein. 5. The Owners shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described. in Paragraph 3 or any measures taken by the City to address hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues, the prevailing party is entitled to recover reasonable litigation costs and attorney's fees. 6. The Owners are hereby required to obtain written approval from City of Renton prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated stormwater facilities (such as -swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the stormwater facilities and BMPs referenced in this Declaration of Covenant. 7. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested, 8. With regard to the matters addressed herein, this agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. 9. This Declaration of Covenant is intended to protect the value and desirability of the real property described above, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration of Covenant shall rua with the land and be binding upon Grantor(s), and (irantor's(s5 successors in interest, and assigns. 10. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Stormwater Facilities and BN1Ps is executed this ,%A, - day of P1 ; 201L—. GRANTOR, owner of the Property GRANTOR, owner of the Property Page 2 of 3 Form Approved by City Attorney 1 MOB STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day f/personally appeared before me: &Ace' to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this 2 day of t" axJn , 20 Printed name `T� 1•Y, Notary Public in and for the State of Washington, ca w q 4 residing at tl-Y�` wA My appointment expires t6— cs(9 Page 3 of 3 1+onn Approved by City Attomey 14/2013 EXHIBIT A Storrnpipes and catchbasins in Tracts A, B, and C of the Plat of Copperwood Combined Detention/Wetpond in Tract B of the Plat of Copperwood Contech StormFilter in Tract B of the Plat of Copperwood EXHIBIT B The Copperwood project has a single combined detentiontwetpond and a Contech StormFilter vault located within Tract B of the proposed plat. Maintenance of these facilities shall be the responsibility of the individual lot owners within the project development. The onsite conveyance system consists of a series of catch basins and storm pipes which direct stormwater to the drainage facilities within Tract B. Onsite Conveyance Systems within the right of way will be inspected and maintained by the City of Renton. Onsite conveyance systems within the drainage easements or tracts will be maintained by the property owners through the Homeowners' Association created by the subdivision (with each property owner having equal responsibility for maintenance)_ These conveyance elements include those entering and exiting the tract from/to the public right-of-way. For conveyance pipes entering the tract from right-of-way, responsibility begins at the last structure prior to entering the tract. For conveyance pipes exiting the tract to right-of-way, responsibility ends at the next downstream structure_ The easement shall grant the City rights for inspection. Maintenance of the above listed stormwater facilities shall be conducted on an annual basis, For more information or to obtain a copy of the Maintenance Manual please reference Section 10.0 of the Technical Information Report for the Plat of Copperwood on record with the City of Renton. r Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 "",1Z,k; 16 2016 BILL OF SALE I Proj Name: Property Tax Parcel Number: COPPERWOOD 152305-9170, 9221, 9043, 9100, 9093. 9066. 9201, 9067 Project File #: Street intersection: Address: U14006283 SE 2ND PL/140TH AVE SE 4905 SE 2ND PL Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1- QUADRANT HOMES 1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: SANITARY SEWER SYSTEM: Type Length Size (Inches) Sewer Main PVC 879 LF of 8 Sewer Main 0900 344 L.F. of 8 Sewer Main L.F. of Diameter of Manholes 12 Each of 48 Diameter of Manholes Each of Lift Stations Each of STORM DRAINAGE SYSTEM: Type Length Size (Inches) Storm Line CPEP 788 LF of 12" Storm Line DI 427 L.F. of 12" Storm Facility STORM FILTER 1 Each of 14'X K Storm Inlet/Outlet DETENTION POND I Each of 24,682 SF Storm Catch Basin TYPE 1 16 Each of Storm Catch Basin TYPE 2 13 Each of 48" Storm Line CPEP 710 LF of 18" Storm Line DI 25 L.F. of 18" Storm Line CPEP 313 LF of Storm Line CPEP 430 LF of 30" Storm Catch Basin TYPE 2 4 Each of 54" H:1CED''Data',Forms-TemplateslSelf--Help HandoutsTublic WorksIAILLSALE.doc f STREET 1MPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk 3,410 L. F. Asphalt Pavement 6,340 S.Y. of or L.F. of Width STREET LIGHTING: 22 # of Poles By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assibms forever. 1N WITNESS WHEREOF, said Grantor has caused this instrument to be executed this_ day of 20_ IA'DIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF ICING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FOR;1f OF.4CKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that helshe/they was/were authorized to execute the instrument and acknowledged it as the and of to he the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: H:10EDldatalForms-Tempiateslself-14elp HandoutsTublic WorkslRILLS ALE. doe 01 CORPORATE FORM OFACKNO01E'DGA ENT Notary Seal must be within box STATE OF WASHINGTON ) S5 COUNTY OF KING ) On this day of 120 before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to he the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: H:ICEDIDataiFnrms-TemplateslSelf--Help Handouts%Public WorkslBJLL.SAL,F.doc ity of DEPARTMENT OF COMMUIr1TY . W.7 rifer AND ECONOMIC DEVELOPMENT - COST DATA AND INVENTORY For City Use Only City WTR - Project WWP- Project Name: Copperwood (City Fife No. U14006283) Numbers_ SWP- TRO - TED - TO: City of Renton FROM: Quadrant Homes Development Engineering Plan Review arg ausen Consulting Engineers, Inc. 1055 5 Grady Way, 6th Floor 18215 72nd AVE S Renton, WA 98057 Kent . WA 48032 DATE: March 4 9016 Per the request of the City of Renton, the following information is furnished concerning costs for improvements proposed to be installed for the above referenced project. SANITARY SEWER SYSTEM STORM DRAINAGE SYSTEM Type Length Size (Inches) Type Length Size SEWER MAIN PVC B79 L.F. of 8" STORM LINE CPEP 788 L.F. of 12" SEWER MAIN C900 344 L.F. of 8" STORM LINE Di 427 L.F. of 12" SEWER MAIN LF. Of STORM FACILITY Storm filter 1 FA of 14'x 8" DIAMETER OF MANHOLES 12 EA of 48" STORM #MEET POND Detention 1 EA of 24,682 sf STORM CATCHBASIN Type 1 16 EA of STORM CATCHBASIN Type 2 13 EA of 48" Sub Total Costs $93,656.00 STORM LINE -GP-EP- 710 L.F.of 18" Engineering Design Costs $ 15,000.00 STORM LINE DI 25 L.F.of 18" City Permit Fees s 4,104.00 STORM LINE CPEP _313 L.F.of 24" Washington State Sales Tax $ to s22.on STORM LINE CPEP 430 L.F.of 30" (Sewer Stub -line between sewer main and private STORM CATCHBASIN Type 2 4 EA of 54" property line) $ 126,170.00 TOTAL C05T FOR SANITARY SEWER SYSTEM $ 249,252.00 Sub Total Costs ._$381,663.00 Engineering Design Costs S 25,000.00 City Permit Fees $ 8,457.00 Washington State Sales Tax $ 36,258.00 TOTAL COST FOR STORM DRAINAGE SYSTEM $ 451,378.00 STREET IMPROVEMENTS: (Inc#uding curb, gutter, sidewalk, asphalt pavement, and street lighting) $650.676.00 '' r SIGNALIZATIOW llncluding Engineering design costs, City permit fees, WA State sales tax) NIA STREET LIGHTING: (Including Engineering design costs, City permit fees, WA Sate sales taxi $204,970.00 LEVI ROWSE - QUADRANT HOMES PRINT NAME PHONE SIGNATURE (Signatory must be authorized agent or owner of subject deve#opment) H:\CED\Data\Forms-Templates\5elf-Help Handouts�Public Works\ COSTDATA form.doc 08/14 Thursday, September 17, 2015 City of Renton Jan Illian, Steve Lee Development Services 1055 South Grady Way Renton, WA 98055 King County Water District No. 90 15606 South East 128th Street Renton, Washington 98059-4540 Phone, 425-255-9600 Fax: 425-277-4128 RE: Substantial Completion of Water Mains and Hydrants and Fire Flow — Copperwood — 5013 SE 2 P1 Renton, WA 98059 — Pennit# 15002084 This letter is to inform you that King County Water District NO. 90 has reviewed the Copperwood Water System and found that the water mains and all appurtenances are installed, operational and installed to the District specifications. The water system can supply over 1000 gpm for duration of more than two hours If you have any questions on this matter, please give me a call. Sincerely, Joshua Deraitus Operations Manager, KCWD 90 cc: Barbara Rodgers, Quadrant Homes Wayne Potter, Quadrant Homes Barry Talkington, Barghausen James Posten, JR Hayes Adrian Waalk, JR Hayes Quyen Dang, Stantec Corey Thomas, City of Renton 1lkcwd96.localldatalCompanyDatalEngineering\Devcloper Extmsions%Substantial Completion\Copperwcxid Substantial Complexion 9-17-15.doe U Jan Illian Development Engineering City of Renton Community and Economic Development 1055 South Grady Way Renton, WA 98057 REAI. ESTATE INVESTMENTS. LAND DEVELOPMENT, PROJECT MANAGEMENT March 15, 2016 COURIER DELIVERY RE: Response to First Round Review Comments - Final Plat of Copperwood City of Renton File No. LUA16-000020 FP BCE Job No. 168341 NS Job No. 9502 Dear Jan: RECEIVED MJAR 1 6 201 On behalf of our client Quadrant Homes, we are submitting the following documents in response to the first round of review comments for the Final Plat of Copperwood dated February 18, 2016: 1. Four (4) copies of the revised final plat map prepared by Barghausen Consulting Engineers Inc., dated March 15, 2016 2. Four (4) copies of this letter responding to each comment from all departments (see below) 3. Four (4) copies of the completed City of Renton Construction Cost Data form 4. Four (4) copies of the City of Renton Bill of Sale 5. Four (4) copies of the recorded Boundary Line Adjustment dated March 10, 2016 (AFN #20160310900023) 6. One (1) copy of the updated title report from First American Title, dated March 15, 2016 including exception documents 7. One (1) original and 3 -copies of the Maintenance and Defect Agreement Form signed by Quadrant Homes dated March 8, 2016 8. Four (4) copies and one (1) original revised Homeowner's Association Covenants Conditions and Restrictions 9. Four (4) copies and one (1) original Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities 10. Four (4) copies of the acceptance letter from Water District No. 90 dated September 17, 2015 11. Four (4) copies of the Copperwood Deferral Approval from the City of Renton dates March 8, 2016 12. Four (4) copies of the Assignment of Funds in the amount of $113,063.94 from Housing Capital Company (US Bank) dated March 14,2016 CITY OF RENTON MAR 16 2016 18215 72ND AVENUE SOUTH KENT, WA 9BO32 (425) 251-6110 (425) 29 9r89T!A-ArNT www. NOVASTARDEV.COM Jan lllian Development Engineering City of Renton Community and Economic Development - 2 - March 16, 2016 13. Four (4) copies of the signed Relinquishment of Easement (with delayed effectiveness) signed by Steve and Avanti Bergquist dated March 1, 2016. 14. One (1) copy of the Assignment of Funds in the amount of $53,125 from the Housing Capital Company (US Sank) dated February 24, 2015 15. One (1) copy of the Copperwood "As -Built Plans" and submittal letter to Rohini Nair dated March 8, 2016. 16. One (1) copy of the King County Plat Name Reservation Certificate reserving the plat name of Copperwood until Marchl0, 2017 17, One CD containing all submittal items in electronic format In addition, please find your comments printed in italics below, followed by our responses to your review letter dated February 18, 2016 and your email dated March 1, 2016 as follows: Comment Letter dated February 18, 2016 Technical Services Comments Amanda Askren has reviewed the final plat submittal and has provided the following comments: See attached review comments. Technical Services Comments Contact. Amanda Askren, I, 425-430-7369 1 aaskren@ rentonwa.gov Note the City of Renton land use action number and land record number, LUA16 000020 and LND 10 0514, respectively, on the final plat submittal. Response: The LUA and LND numbers can be found at the upper right of each sheet of the plat. Provide sufficient information to determine how the plat boundary was established. It is unclear how the section subdivision was determined. The graphic states calculated position, but the only reference listed does not have a section breakdown. Please provide additional references and information pertaining to how the plat boundary was established. It would also be beneficial to have an overall site plan showing the parcels per the legal descriptions on Sheet 1. Unclear as to where the underlying parcels are based on the information submitted. Response: The survey control sketch on Sheet 2 has been revised to add additional information as to how the boundary was established. An additional sheet, (Sheet 6) has been added to the set to graphically depict the original parcels as stated in the legal description. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Response: Any discrepancies between bearings and distances of record and those measured have been shown in the original parcel layout sketch on Sheet 6. Jan Illian Development Engineering City of Renton Community and Economic Development - 3 - March 15, 2016 The lot addresses will be provided by the city at final plat submittal. (Vote said addresses and the street name on the plat drawing. Response: All street names have been shown, and the address for each lot has been shown in the rectangular box within each lot. Sheet 2: in Basis of Bearing statement, Renton is misspelled. (Rentony) Response: The spelling has been corrected. Sheet 3: Please add the following to the Tract B Storm drainage and open space tract note.- In ote: 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 previously owned by the HOA and have the attendant financial and maintenance responsibilities. Response: This language has been added to the Tract B note as the second sentence in Plat Note 4 on Sheet 3. Sheet 5: Please clean up the text over linework to make the information more presentable. See Easement text information over Maplewood Creek linework as an example. Response: The text has been cleaned up, and will be checked again at the time of final mylar. Planning Comments Rocale Timmons has reviewed the final plat submittal and has provided the following planning comments: See attached review comments. Planning Review Comments Contact: Rocale Timmons .1 425=430-7219 1-rtimmons@. rentonwa.gov 1. Please note that proposed lots do not meet the lot width variation or lot size requirements of RMC 4 2 115. Therefore, a condition of Final Plat approval will be employed requiring a front yard setback variation of at least five feet (5) minimum for at least every four (4) abutting street fronting lots. Response: Quadrant Homes is aware of RMC 4 2 115 and will be employing the front yard setback variation option (5 -foot increase for every fourth lot). 2. Final Plat Sheet 5 of 5 Please note the width of the stream buffer. Response: The width of the stream buffer has been added. 3. Please provide maintenance and monitoring surety per letter dated 2/95/16_ Jan Illian Development Engineering City of Renton Community and Economic Development - 4 - March 15, 2016 Response: An assignment of funds in the amount of $53,125 has been submitted to Rocale Timmons for the maintenance and monitoring of the buffer enhancement plantings. A copy of the Assignment of Funds from Housing Capital Company (U.S, Bank) has been enclosed for your review and reference. 4. Landscaping and mitigation project inspections must be completed prior to Final Plat approval. Response: Rocale Timmons has inspected the buffer enhancement plantings and project landscaping and determined that the project is complete. 5. Final Plat Sheet 3 of 5 It is suggested that notes 7, 11, 14, and 16 either be combined or clustered together as to not avoid confusion. In the least Note#14 should also refer to Tract E. Response: Plat Notes 7 and 11 have been combined, which speaks only to Tract "E", and a reference has been added to "also see Plat Note 14, below". Plat Notes 14 and 16 have been combined, which speaks only to tree maintenance/protection/retention, and a reference has been added to "also see Plat Note 7, above". Fire Comments Install hydrant markers and strip any fire lanes as needed. Call 425-430-7024 for inspection. Response: The City of Renton Development Engineering Manager has issued a "deferral' approval (dated February 25, 2016; copy enclosed) for the installation of the hydrant markers since the second lift of asphalt is also being deferred. Plan Review Plat Comments Please revise the CCRs to include the same drainage language shown on the plat for Tract B under the Plat Notes on Sheet 3 of 3, This is a requirement in accordance with RMC 4-6-030, Surface Water Standards regarding the creation of drainage tracts or easements_ See attached review comments. Response: The CCRs have been revised accordingly. A copy of the CCRs has been enclosed including the original (signed/notarized) and an electronic version. Further responses regarding additional comment will follow. Submiffal - Addressing Review Comments'Contact '' Jan Conklin 1 425-434.727¢ I iconklin(d)rentonwa. aov P. Add addresses to face of plat. Response: The address for each lot has been shown in the rectangular box within each lot. Engineering Review Comments 'Contact Rohm! [Nair: 1. '425=430-7298 1 ma�r@rerttonwa gov Jan Illian Development Engineering City of Renton Community and Economic Development - 5 - March 15, 2016 Corrections resubmit 1) Show and label all the public storm easements in the final plat plan to be consistent with the easement shown in the As Built composite utility plan (storm water easement to the City for 10 feet back of the storm water pipe between CB#16 and CB#17 on the southeast corner of Lot 36, and storm water easement to the City for 10 feet back of the storm water pipe between CB#20 and CB#23 on the southwest corner of Lot 19)_ Response: All private storm drainage easements have been labeled (based on the as -built drawings). The additional public storm drainage easements have been added and dimensioned. Note that a public storm drainage easement will exist over entire Tract C for maintenance of the storm facilities which lie within Tract C (see Plat Note 5 on Sheet 3). 2) Field corrections list will be provided after the inspector and maintenance does the field walk thru. Response: Comment noted. 3) A deferral request is under review by the City. Response: As indicated earlier, two deferral requests have been granted for the second lift of asphalt, striping, hydrant markers, one street light, and future settlement repair on S. E. 2nd Place (copies attached dated March 8, 2016) 4) As built corrections will be provided after the deferral review is done. The paper as built corrections should be provided followed by mylars. Response: We received the "as -built" correction comments from Rohini Nair on March 4, 2016. We have revised the as -built plans and resubmitted the mylars to Rohini on March 8, 2016. A copy of the submittal letter and as -built plans are attached. 5) Bill of sale for city public utility items and the street and frontage improvements should be provided based on As Built. Response: A copy of the Bill of Sale (based on the as -built plans) has been enclosed for review and approval. 6) Cost data form for city public utility items and the street and frontage improvements should be provided based on As Built. Response: A copy of the "Cost Data Form" has been enclosed and is based on the as -built plans. 7) Please label the impervious area in the table in sheet 2 of the final plat as 'Maximum Impervious'. Response: This text has been added. Jan Illian Development Engineering City of Renton Community and Economic Development - 6 - March 15, 2016 8) Maintenance bond for 20 % of the cost data form should be provided. Response: A maintenance bond in the amount of 20% will be provided once the City of Renton has reviewed and approved the Cost Data Form (submitted herein) 9) A maintenance agreement form should be provided to the City. Response: A copy of the maintenance agreement form has been signed and enclosed 10) The drainage tract note, the maintenance responsibility to the HDA, and the mailbox maintenance responsibility to HOA is included in the CC&R's. Response: The CCRs have been revised to include a note regarding the HOA maintenance responsibility for the drainage and mailboxes. 11) A 15 feet wide storm water easement should be provided to the City for the storm water pipe from CB#5 to CB#3. Response: A public storm drainage easement will exist over entire Tract C for maintenance of the storm facilities which lie within Tract C (see Plat Note 5 on Sheet 3). 12) A storm water easement to the City for 10 feet back of the storm water pipe between CB#3 and the storm water pond inlet on the northeast corner of Lot 38. Response: This storm drainage easement has been added and is dimensioned in the Detail at the bottom of Sheet 5. 13) A 15 feet wide storm water easement should be provided to the City for the storm water pipe from CB#1 to the outfall at the creek. Response: This storm drainage easement has been added and dimensioned on Sheet 5. Engineering Review Comments Contact Jan !!flan 1425-430-72181 jiifian@,rentonwa.gov` Plan Review Final Plat Comments.- 1. omments: 1. Sheet 3 of 5. Under Plat Notes #4: Add Only the "chain link fence", storm water conveyance, flow control and water quality........ Response: The requested text has been added to Plat Note 4. 2. Label and show all public and private storm easements. Response: All private and public storm drainage easements have been labeled. Jan Illian Development Engineering City of Renton Community and Economic Development - 7 - March 15, 2016 Plan Review Comments Contact Rohini Nair 425-430-7298 Utility improvements Punchlist. 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 Please continue working with inspector, Mark Wetherbee, 206-999-9829 through this process. The utility construction permit and street lighting permit must be signed off by the inspector prior to recording of the plat. Response: As required, the construction permit and street lighting permit will be signed off by the project inspector prior to final plat recording, 2. As -Built Submittal. Paper copies of asbuilts shall be submitted to the inspector for review. 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 final construction activity. Final As -built 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. Response: All as -built comments from the City inspector and City engineer have been received and all changes provided. The revised as -built mylars have been submitted to Rohini Mair as required. 3. 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 of construction in dollars (value) for each utility the City will own and maintain. Response: The Cost Data Inventory Form has been enclosed for review and approval_ 4. Bill of Sale. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and inventory Form, include street improvements and storm to be owned and maintained by the City. Do not include side sewers or any constructed improvements not to be owned by the City of Renton. Response: The Bill of Sale has been prepared and enclosed for review and approval. 5. 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, storm vault, street, and sidewalk, curb and gutter costs as shown on the Cost Data inventory form. The permit bond (if on file) will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Response: Upon approval of the Cost Data Inventory Form, a two-year maintenance bond will be provided (20% of total cost). Jan Illian Development Engineering City of Renton Community and Economic Development - 8 - March 15, 2016 6. Acceptance fetter from Water District #90. Response: Enclosed for your review is the "Water District #90 Substantial Completion" letter for the water mains and hydrants installed for the Plat of Copperwood dated September 17, 2015. Email Comments dated March 1, 2016 1. Update the CCRs to include the same note under Plat Notes on sheet 3 of 5..... Tract 'B" is a storm drainage and open space tract... Response: The CCRs have been revised to include Plat Notes on Sheet 3 of 5. A copy of the CCRs has been enclosed for review. Add the following language... "Ilio modification of the tract or landscaping within the tract shall be allowed without the City's prior written approval. These covenants shall be irrevocable and binding on all the property owners, including their assigns, heirs, and successors." Response: The CCRs have been revised to provide the above -referenced note. Add Only "the chain link fence" storm conveyance, flow control, water quality treatment and conveyance facilities contained within the tract will be considered for formal acceptance and maintenance by the City._._." to the language for Tract B in the CCRs and under the Plat Notes Response: This text has been added to the Tract B note on the plat. Once the CCRs have been revised, please submit original signed and notarized copy 2. Show and label all private storm and public drainage easements. Including but not limited to. Public storm drain easement in lot 38 (located 10 feet back of the public storm line from CB#3 to Pond inlet) • Tract C public storm water easement • 15 feet public storm water easement for storm water line from CB #31 to rip rap pad Response: These easements have been added and dimensioned on the plat. I have enclosed for your review a copy of the recorded Boundary Line Adjustment (BLA) between Quadrant and Bergquist. As you know, the recording of the BLA affects the project's legal description and therefore we have revised the enclosed Final Plat map accordingly. Also enclosed for your review is the updated title report from that reflects the BLA and new legal description. Jan Illian Development Engineering City of Renton Community and Economic Development - 9 - March 15, 2016 If you have any questions, or need additional information, please contact me. Thank you. Re Y Notter G. Wa Vice President GPWldmlkb 16834c.422.doc enc: As Noted cc: Levi Rowse, Quadrant Homes Pete Nichols, Quadrant Homes Barry Talkington, P.E., Barghausen Consulting Engineers, Inc. Sandy Bailey, Novastar Development Inc. f7-'niS € ar^1 fit Of a March 8, 2016 Community & Economic Development Department C.E."Chip"Vincent, Administrator Mr. Wayne Potter Vice President Novastar Development, Inc, 1821572 nd Ave S. Kent, WA 98032 Subject: Copperwood Final Plat, LUA16-000020 (LUA14-000550, PP) (014006283) 4921 Southeast 2nd Place, 14217 SE 136th Street, 5013 SE 2nd Place, 4905 SE 2nd Plaice, 312 Field Place SE, 5001 SE 2nd Place, and 355 Field Place SE Dear Mr. Potter: The deferral letter that was sent out for Copperwood Plat has been modified to include the deferral of the pavement repair for the pavement settlement on SE 2nd Place at Field Place SE near the area of the water main tie in. This letter includes all the deferred items. Approved items 1. Deferral of the installation of final lift on the on-site public streets has been approved with the following conditions: The Temporary Erosion Control Plan (TESCP) measures at Catch Basins (CB's) shall be left in place and drainage shall be maintained. Temporary pipe shall be placed under the frame of the CS and will be drained to the sediment sac. b. Utility castings must be adjusted per City of Renton Standard (RMC 400.4), This deferred item should be completed in the field by August 2017. 2. Deferral of the installation of survey monuments until the final lift is installed has been approved with the following condition: a.The monuments and the required survey monument cards shall be provided to the City after final lift is installed on the roadways. This deferred item should be completed in the field by August 2017. 3. Deferral of the installation of the hydrant markers and striping of fire lanes on the on-site streets until the final lift is installed is approved. This deferred item should be completed in the field by August 2017. Aenton City Naif . 1055 South Grady Way > Renton, Washington 98057 . rentonwa.gov 4. Deferral of the installation of street light (pole 22 on the utility construction permit plans) has been approved. This deferred item should be completed in the field by July 2016. This deferral will allow the developer to obtain the street light that is on back order and get it installed in the field. 5. City will observe the settlement of pavement on SE 2A place till May 1, 2016 and will inform you regarding the repair needed. The repair will be required to be completed by May 1S, 2016. The current estimated repair includes the following at a minimum. The pavement at the settlement area should he dug up to within 6 inches of the pipe and backfilled with required compaction. The required minimum full depth restoration is for a width of 6.5 feet. The pavement on SE 2"d Place (extent of pavement repair will be confirmed after May 1st 2016) should be overlaid to full street width. As a requirement of this deferral a security deposit in the amount of $113,063.94, which represents 150% of the estimated cost of installation of these items, must be received by the City prior to recording of the Copperwood Plat. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Rohini Nair at (425) 430-7298. Sincerely, I&"- A -Ob VL�,F�L Brianne Bannwarth Development Engineering Manager cc; Jennifer Henning, Planning Director Rohini Nair, Pian"Reviewer Mark Wetherbee, Constructian Inspector Rocaie Tirnrnons, Current Planner Jan III'san, Plan Review Final Plat Project Manager Stacy Tucker, Planning Technician File Denis Law City of. o Mayor0000 . Sy February 25, 2016 Community & Economic Development Department C_E."Chip"Vincent, Administrator Mr. Wayne Potter Vice President Novastar Development, Inc. 18215 72°a Ave S. Kent, WA 98032 Subject: Copperwood Final Plat, LUA16-000020 (LUA14-000550, PP) (014006283) 4921 Southeast 2nd Place, 14217 SE 136th Street, 5013 SE 2nd Place, 4905 SE 2nd Place, 312 Field Place SE, 5001 SE 2nd Place, and 355 Field Place SE Dear Mr. Potter: Your deferral request for the Copperwood plat has been received by the City of Renton, and the determination is as follows: Approved items 1. Deferral of the installation of final lift on the on-site public streets has been approved with the following conditions: a. The Temporary Erosion Control Plan (TESCP) measures at Catch Basins (CB's) shall be left in place and drainage shall be maintained. Temporary pipe shall be placed under the frame of the CB and will be drained to the sediment sac. This deferred item should be completed in the field by August 2417. b. Utility castings must be adjusted per City of Renton Standard (RMC 400.4). 2, Deferral of the installation of survey monuments until the final lift is installed has been approved with the following condition: a.The monuments and the required survey monument cards shall be provided to the City after final lift is installed on the roadways. This deferred item should be completed in the field by August 2017. Deferral of the installation of the hydrant markers and striping of fire lanes on the on- site streets until the final lift is installed is approved. This deferred item should be completed in the field by August 2017. 4. Deferral of the installation of street light (pole 22 on the utility construction permit plans) has been approved. This deferred item should be completed in the field by July 2016. Renton City Hail . 1055 South Grady Way • Renton, washington 98057 . rentonwa.gov This deferral will allow the developer to obtain the street light that is on back order and get it installed in the field. As a requirement of this deferral a security deposit in the amount of $97,369.50, which represents 150% of the estimated cost of installation of these items, must be received by the City prior to recording of the Copperwood Plat. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Rohini Nair at (425) 430- 7298. Sincerely, Brianne Bannwart Development Engineering Manager cc: Jennifer Henning, Planning Director Rohini Nair, Plan Reviewer Mark Wetherbee, Construction Inspector Rocale Timmons, Current Planner Jan Illian, Plan Review Final Plat Project Manager Stacy Tucker, Planning Technician File 'I: EPARTMENTOF COMMUNITY & ECONOMIC DEVELOPMENT PLANNING` DIV151QN E E AF,IL?AVIT OF�SFRVICEBY MAILING On the 14`h day of January, 2016, 1 deposited in the mails of the United States, a sealed envelope containing Notice of Complete Application documents. This information was sent to: c"i:E i {FCB °¢ 6 !&':,ax.._, c .::: .E.... <:t°:::::::'�':e: '::':[:':[.•.f € § {' €€IEE I�.�;�§<$,z.� � ������ Wayne Potter Applicant Parties of Record See Attached . n r . (Signature of Sender): STATE OF WASHINGTON SS*err�rl���l COUNTY OF KING #�,1�61'h+fri, I certify that I know or have satisfactory evidence that C ; s +,1 4,2 j'° #°��l� signed this instrument and acknowledged it to be his/her/their free and voluntary iffor the'uses puf oses mentioned in the instrument. �+►uto ?q-1.1 s Dated: L vJ �VA S Notary ublic in and for the State of Wfastton Notary (Print): My appointment expires: Copperwood Final Plat LUA16-000020, FP template - affidavit of service by mailing st 39 3c L 4 f Quadrant Homes 14725 SE 36th St Bellevue, WA 98006 G, Wavne Potter Novastar Development, Inc. 18215 72nd Ave S Kent, WA 98032 Kelly Randall 5010 SE 2nd St Renton, WA 98059 Liz Ellis Maizel 13803 SE 144th St Renton, WA 98059 Aaron Bareuther Colin & Tina Ury 5017 5E 2nd St 4905 SE 2nd PI Renton, WA 98059 Renton, WA 98059 Jim Hageman Johnnv Bulow 4910 SE 2nd PI 13915 136th PI SE Renton, WA 98059 LaVonne Scott 13621 139th Ave SE Renton, WA 98059 Loretta, Ben, Phu Van & Hein T Lo, Tran 14021 SE 136th St Renton, WA 98058 -A ;.<.. €.Ef.,.. ... � ...: .E.€ .� ..w.....r......... _...... . ........._ ..,....................... €e -SEE €€ �i:€€€ , i ^{�iE{€ .�., .�..���.�.._�: gym:;= -r':':':...< < c c, c ..... �. � A �-_.E E... �. ,,:.x.� n......4F.,.F�€EE..{( ............_.... ............�: `:`�E.; . E �., ..$E€14.4EEFE...,f.....___....,..........._...,_......�. .<Ec <. .;E E. .EF E. 1...... �_.x._ � E E ......... .... ..._....._.. _..... .... ..., €: ,., E,i a...t.€E.t�...E,Ee.i4_€E,......,.....,........._..._"''____......_......._.._.... <E..E.�....€n�,,. F,c€nric€nNt°,.I:E��.. Mary & Michael Miller Matt Pilot 1916 33rd St SE 14030 SE 139th St Auburn, WA 98002 Renton, WA 98059 _ Richard Stuth Rick and Rita Jackson 25112 SE 208th St 5012 SE 2nd PI Maple Valley, WA 98038 Renton, WA 98059 Renton, WA 98059 Levi Rowse Quadrant Corp 14725 SE 36th Ave, 100 Bellevue, WA 98006 Margaret Petty 23328 SE 113th St Issaquah, WA 98027 EnF< Phu Van and Loretta Dang 14021 SE 136th St Renton, 98059 1 - Rob Willits 13905 SE 136th PI Renton. WA 98059 rU.k'fi .,.i., -..i .......'..... ........... ... .... .. w..� ... <E �. c.�<.¢ ... .F, i'. .... ... E... .. ........ Roy & Kathleen Luquette Russ Berg Sarah Devine 13714 139th Ave SE 14017 SE 139th St 15215 SE 272nd St, Ste. 204 Renton, WA 98059 Renton, WA 98059 Kent. WA 98042 ........,. ..' "i 6�Ef.:At:.:::Ee1F!EE€€€`F:FE:.'.._...,. _, ._ ,_... ....... ....... .......... _... .., ................... E 0.'.,i�E€€���Ic�.tiEE�EEt, ,,.... ...0 ,.,.... ....... ...... .. .. .. Scott & Robin McMahill Ti Vuong Timothv Michaud 14125 SE 136th St 4916 SE 2nd PI 355 Field PI SE Renton, WA 98059 Renton, WA 98059 Renton, WA 98058 Denis Law City of Ma or VO 2-4 N, Community & Economic Development Department January 14, 2016 C E "Chip"Vincent, Administrator Wayne Potter Novastar Development Inc. 1821572 nd Ave S Kent, WA 98032 Subject: Notice of Complete Application Copperwood Final Plat LUA16-000020, FP Dear Mr. Potter: 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, Jan lllian Project Manager cc: Jennifer Henning, Planning Director Brianne Bannwarth, Development Engineering Manager Rocale Timmons, Planner Rohini Nair, Plan Reviewer Levi Rowse, Applicant Parties of Record File Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 - rentonwa.gov Quadrant Homes Aaron Sareuther 14725 SE 36th St 5017 SE 2nd St Bellevue, WA 98006 Renton, WA 98059 G. Wayne Potter Novastar Development, Inc. 18215 72nd Ave 5 Kent, WA 98032 Kelly Randall 5010 SE 2nd St Renton, WA 98059 Liz Ellis Maize] 13803 SE 144th St Renton, WA 98059 Mary & Michael Miller 1916 33rd St SE Auburn, WA 98002 - . - .. .._.....- ......................_......_. ......... Richard Stuth 25112 SE 208th St Maple Vallev. WA 98038 I Roy & Kathleen Luauette 13714 139th Ave SE Renton, WA 98059 Jim Hageman 4910 SE 2nd PI Renton, WA 98059 _:...:... ....: !.:. ......... ............ . LaVonne Scott 13621 139th Ave SE Renton, WA 98059 ' E E FE ISt n ccu Loretta, Ben, Phu Van & Hein T Lo, Tran 14021 SE 136th St Renton, WA 98058 Matt Pilot 14030 SE 139th St Renton. WA 98059 Rick and Rita Jackson 5012 SE 2nd PI Renton, WA 98059 Russ Berm 14017 SE 139th St Renton, WA 98059 Colin & Tina Ury 4905 SE 2nd PI Renton , WA 98059 Johnny Bulow 13915 136th PI SE Renton, WA 98059 Levi Rowse Quadrant Corp 14725 SE 36th Ave, 100 Bellevue, WA 98006 E Margaret Petty 23328 SE 113th St Issaquah, WA 98027 Phu Van and Loretta Dann 14021 SE 136th St Renton, 98059 -..... i'.......i EEE .. Rob Willits 13905 SE 136th PI Renton, WA 98059 iI.E.E-ne. E Sarah Devine 15215 SE 272nd St, Ste. 204 Kent, WA 98042 E Scott & Robin McMahill Ti Vuong Timothy Michaud 14125 SE 136th St 4916 SE 2nd PI 355 Field PI SE Renton, WA 98059 Renton, WA 98059 Renton, WA 98058 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 11, 2016 To: City Clerk's Office From: Jenny Cisneros Subject:._, LandUse File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Copperwood Final Plat LUA (file) Number: LUA-16-000020, FP Cross -References: AKA's: Project Manager: Jan Illian Acceptance Date: January 14, 2016 Applicant: Levi Rowse, Quadrant Corp Owner: Quadrant Homes Contact: Wayne Potter, Novastar Development Inc PID Number: ERC Determination: Date: __Appeal Period Ends: Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Approved with Conditions Date: March 29, 2016 Appeal Period Ends: Aril 12 2016 Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Location: 4905 SE 2nd Place Comments: ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. Sandi Weir From: Jason Seth Sent: Monday, April 25, 2016 8:28 AM To: Sandi Weir Subject: FW: Copperwood Plat LUA 16-000020 Attachments: Copperwood Plat PIDs.xls; Copperwood Plat_pdf For the final plat file and address change file. -Jason Jason Seth, CMC City Clerk sail rer ;on,�,a.gov 425-430-5502 From: Jan A. Conklin Sent: Friday, April 22, 2016 7:40 AM To: Abdoul Gafour <Agafour@Rentonwa_gov>; Amanda Askren <AAskren@rentonwa.gov>; Anjela St_ John <AStlohn@Rentonwa.gov>; Bonnie Woodrow <BWoodrow@Rentonwa.gov>; Brian Powell <BrianP@valleycom.org>; Caera Youn <caera.youn@kingcounty.gov>; Caldwell, Cory <Corycaldwell@wm.com>; Cannon, Debra <Debra,Cannon@kingcounty.gov>; Century Link <Omaha.amc@centurylink,com>; Chris Barnes <CBarnes@Rentonwa.gov>; Clarice Martin <Cmartin@Rentonwa.gov>; Corey W Thomas <CThomas@Rentonwa.gov>; Cyndie L Parks <CParks@Rentonwa.gov>; Dave Wilson (dave_wilson@kingcounty.gov) <dave.wilson@kingcounty.gov>; Deborah Needham <DNeedham@Rentonwa.gov>; Donna Visneski <dvisneski@Rentonwa.gov>; Doreen Karoly Post Office AMS <doreen,r.karoly@usps.gov>; Elsa Biscaino<elsa.biscaino@rentonschools.us>; Ericka Jones <ericka.jones@kingcounty.gov>; Eunice Verstegen <Eunice.verstegen@kingcounty.gov>; Fessenden, Janise <Janise.Fessenden@kingcounty.gov>; Gary Fink <GFink@Rentonwa.gov>; Gilchrist, Gael <Gael.Gilchrist@kingcounty.gov>; Gordon, Susan <Susan.Gordon@kingcounty.gov>; Holly Powers <HPowers@Rentonwa.gov>; J. D. Wilson <jwilson@Rentonwa.gov>; Jason Seth <1Seth@Rentonwa.gov>; Jeff Hansen <Jeffery.P.Hansen@usps.gov>; Jeff Wagner<jwagner4@republicservices.com>; Jeremy Crawford (serviceaddresscorrec@pse.com) <serviceaddresscorrec@pse.com>; John Kwant <John.Kwant@kingcounty.gov>; John P Lecoq <JLecoq@Rentonwa.gov>; Julie E Bray <JBray@Rentonwa,gov>; Karen E Bergsvik <Kbergsvik@Rentonwa,gov>; Kathryn Svedin <KSvedin@Rentonwa.gov>; Katie McClincy <Kmcclincy@Rentonwa.gov>; Kevin Anderson <KAnderson@Rentonwa.gov>; Kristine Stimpson <Kstimpson@Rentonwa.gov>; Loacker, John <jloacker@krollmap.com>; Mark Peterson <Mapeterson@Rentonwa.gov>; Marsha Doviak <marsha.doviak@kingcounty.gov>; Michelle Faltaous <MFaltaous@Rentonwa.gov>; Miranda Hett <miranda.hett@kingcounty.gov>; Morgan, Gail <morgang@issaquah.wednet.edu>; Nancy Thompson <Nthompson@Rentonwa_gov>; Nimpa - King County <Nimpa.gueco@kingcounty.gov>; Nizar Salih <NSalih@Rentonwa.gov>; Paul J Harm <PHarm@Rentonwa.gov>; Pierce, Ramon <Ramon.Pierce@kingcounty.gov>; Renton Reporter <circulation@ re porternewspapers.com>; Rhonda Heyden <RHeyden@Rentonwa.gov>; Rick M Marshall <RMarshall@Rentonwa.gov>; Russ Evans <REvans@Rentonwa.gov>; Scott Chapman <sea.amc@centurylink.com>; Scott Corwin] <scottco@Valleycom.org>; Shawn M Daly <Sdaly@Rentonwa.gov>; Shirley Anderson <Sanderson@Rentonwa.gov>; Soon Kim <Stanley.B.Kim@usps.gov>; Stacy Tucker <STucker@Rentonwa_gov>; Susan Liska <Sliska@Rentonwa.gov>; Susan Truong <susan.truong@kingcounty.gov>; Terri Weishaupt <TWeishaupt@Rentonwa.gov>; Thoma, Carol <cthoma@wm.com>; Tim Moore <TMoore@Rentonwa.gov>; Tina Fisher <Tina.C.Fisher@usps.gov>; Tom Reynolds <REYT235@LNI.WA.GOV>; Vanessa Poorman <Vpoorman@Rentonwa.gov>; Vicki, Whitt -Williams, <Vicki_Whitt-Williams@cable.comcast.com>; William Wressell <Bwresseli@Rentonwa.gov>; Zinski, Milla <Miila.Zinski@kingcounty.gov>; (Lori.Robinson@kingcounty.gov) <Lori.Robinson @kingcounty.gov>; Adriann Alexander <AAlexander@Rentonwa.gov>; Jennifer Cisneros <JCisneros@Rentonwa.gov>; Kelcie J. Peterson <KJPeterson@Rentonwa.gov>; Lillian .;on <LWatson@Rentonwa.gov>; Sabrina ante <SMirante@Rentonwa.gov> Cc: Rocale Timmons <RTimmons@Rentonwa.gov>; Rohini Nair <RNair@Rentonwa.gov> Subject: Copperwood Plat LUA 16-000020 Recording number 20160418000985 Major Number 175040 See attachment for addresses and map Jan Conklin Energy Plans Reviewer City of Renton Development Services Division 425-430-7276 Copperwood LUA 16-000020 Recording Number 20160418000985 Parcels to be retired 1523059221, 1523059043, 1523059421, 1523059100, 1523059093, 1523059067, 1523059170, 1523059066 Houses demolished 4905 SE 2nd PI, 4921 SE 2nd PI, 5013 SE 2nd Pl, 355 Field PI SE, 312 Field PI SE Changing address 5007 SE 2nd PI changing to 332 Graham Ave SE PID PSTLADDRESS PSTLCITY PSTLSTATE PSTLZIP5 PSTLZIP4 PLATLOT 1750400010 253 Field PI SE Renton WA 98059 4960 1 1750400020 259 Field PI SE Renton WA 98059 4960 2 1750400030 265 Field PI SE Renton WA 98059 4960 3 1750400040 271 Field PI SE Renton WA 98059 4960 4 1750400050 277 Field PI SE Renton WA 98059 4960 5 1750400060 306 Field PI SE Renton WA 98059 4960 6 1750400070 311 Field PI SE Renton WA 98059 4960 7 1750400080 317 Field PI SE Renton WA 98059 4960 8 1750400090 323 Field PI SE Renton WA 98059 4960 9 1750400100 329 Field PI SE Renton WA 98059 4960 10 1750400110 49015E 3rd PI Renton WA 98059 4960 11 1750400120 4907 SE 3rd PI Renton WA 98059 4960 12 1750400130 4913 SE 3rd PI Renton WA 98059 4960 13 1750400140 5003 SE 3rd PI Renton WA 98059 4960 14 1750400150 5009 SE 3rd PI Renton WA 98059 4960 15 1750400160 5015 SE 3rd PI Renton WA 98059 4960 16 17SO40017D 5021 SE 3rd PI Renton WA 98059 4960 17 1750400180 5027 SE 3rd PI Renton WA 98059 4960 18 1750400190 322 Field PI SE Renton WA 98059 4960 19 1750400200 316 Field PI 5E Renton WA 98059 4960 20 1750400210 310 Field PI SE Renton WA 98059 4960 21 1750400220 304 Field PI SE Renton WA 98059 4960 22 1750400230 276 Field PI SE Renton WA 98059 4960 23 1750400240 270 Field PI SE Renton WA 98059 4960 24 1750400250 264 Field PI SE Renton WA 98059 4960 25 1750400260 258 Field PI SE Renton WA 98059 4960 26 1750400270 252 Field PI SE Renton WA 98059 4960 27 1750400280?51 Graham Ave SE Renton WA 98059 4960 28 1750400290?57 Graham Ave SE Renton WA 98059 4960 29 1750400300?63 Graham Ave SE Renton WA 98059 4960 30 1750400310!69 Graham Ave SE Renton WA 98059 4960 31 1750400320?75 Graham Ave SE Renton WA 98059 4960 32 1750400330103 Graham Ave SE Renton WA 98059 4960 33 1750400340109 Graham Ave SE Renton WA 98059 4960 34 1750400350115 Graham Ave SE Renton WA 98059 4960 35 1750400360121 Graham Ave SE Renton WA 98059 4960 36 1750400370126 Graham Ave SE Renton WA 98059 4960 37 1750400380120 Graham Ave SE Renton WA 98059 4960 38 1750400390114 Graham Ave Se Renton WA 98059 4960 39 1750400400108 Graham Ave SE Renton WA 98059 4960 40 1750400410102 Graham Ave SE Renton WA 98059 4960 41 1750400420!74 Graham Ave SE Renton WA 98059 4960 42 1750400430"70 Graham Ave SE Renton WA 98059 4960 43 1750400440!66 Graham Ave SE Renton WA 98059 4960 44 1750400450!50 Graham Ave SE Renton WA 98059 4960 45 1750400460!56 Graham Ave SE Renton WA 98059 4960 46 1750400470?62 Graham Ave SE Renton WA 98059 4960 47 COPPERWOOD BEING A PORTION OF THE NW1/4 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 CITY OF RENTON, KING COUNTY LEGA_ DESCRIPTIONS .'-- Pldlpl A '.CI HL1r'..D PIT. .... ;"i FIAT N,Fi LBC' S PECCHILL UNDER FLCUFUI V Mi B302G1 DER Si ..TORI .,P1 SEING A PCR' JN 11L AJm 44-I DI THE Ai ,,r C- ', _ 111'.il UL:AP1 CF U [ x,' S - JUF.�C� O TH: GOHTIEL:: VVARif OE �rf]N 5 .,4'x51{,, 23 '+1 TWILL - LLSI, N M., IN KRJG COL:d-: f, III IRJGT!Oi` . 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DIV&gN OF HTCU%:H AND FIIE11f,N$' r� , Y I HEREBY GZRpFY THAI THIS PIP, OF COPP[RryLgU g AH ACTUAL SUINEY AND WEIDWSION CE SECTION 15 23 NORTH. fU'NOE 5 EAST, W.M., THAT THE COURSES AN ARE SWAN CORRE:TLY THEREON; THAT T+E L40NJ BE SET AND TIE LOT PND STOCK EORFEHS TIAAED CN THE (RO(IND AND THAT HAVE 1i COYPJEF 'ADViL��UNS ^^O77F THE PI,AATTTTTINNC HIGVIJIIIONS'_ BRrN'p EI�LLQaLY PL5^IC.IA7't - - - - - J Pr by 9Jk !Nf 7.4� - i/, c NOTARY NOKIA ^^jy FoN HE yI WAS IIIaNAN HESIi Al HIIfAK'441 ?_. ° ,mrri) NAME GA Lr W - �� .l S GCVN1551CN Ek%RES ,�I _ �1YI f f - JCB NCI. 1E834 Bar hausen 9 34}E J%:N Y1 �I /fir 17WNShIP A-yl9�O� Consulting Engineers, Inc. NTS SEL$ NEMS 'ILL ��pkal r: rl Ln 'n^er r _md �IYrnir •' 9� ]. q, �u%ry:ng, Lrnirarrr='1m <.erv;res :, C(1RREOTLY 13215 72ND A,-IiI Sau1h Kenl, NA. 48W2 g Y41H -FSE �eIRR'1NNe- (01^ 711 EY27 FOT i425 PORT. NW1/4 OF SETA. SEC, 15, T2*115E, N.M. 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MLST'fMf:"I CONTROL BE57 MAtITEMENT'R?RACTIM ETIPD[ATED IH 'HE APPRME0 DFAINPi,F STLRY AND PJNS NO. 381401 CN = LE %'TH THE REM.ON AND Ay LI S7 ED IN THC TABLE BELOW AS WELL AS ANY DECIAFMT0.3N CE CG4ENANTS ANQ GIMIS Ol L,IEMENT RECDROED HEAECN.' CpMPLW{CC WITH -.THIS SliallLdilCN MUST EE ADDR£SSE9 IN 14E SINGLE FAMILY RLSICEN"A1. tlUILDING PCkIr DAA'NACE FEJ'kY(' WHEN AHY ApaLlf�Hj10N IS L41L•'c' f,CR, A BuILDNN PERMN T1,ri'[HE LOT, ...LOT AREA iNFOMAl10N TABLE SURVIkY� INFMMATION BASIS OF BE4RII (NAD 83/91) '41PR120NTAL WA FOR 745 PRO :EOT S lAnS 9`. PER CI- Of RENTOn- C OE RENTON CON7RO POINT NO. 478 WAS HELD FOR FCSfNON..A LIKE FR.M Cl 01 REN10N CON!RI:I PCINI No 47R rG CIIY Eli MNTUN .,ONTRCL POIK1 NO. 1857 WAS HELD FOR ROTA -ION, 0ENC N64'4a52... 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A'd s6 037 .k 0'{ FRU F 'jf UI$ T 11C CLV'dl:E, 511ALL NCLVDF AN EOUAL AHC ,.O.ICED CHF C PST LN T!I eph- (421,! 2`1 2i22 F- r425% []' Fi CSL I WNER�HR O WC TWIE V. rN u'FRES" SM 1. ATTACH 10 A JJT5 AM ENAIL °V4 wIF FU'LkL OhVPWJCES 19EPECF AND SH41 IVLSUCE AN 7CIl4 AND JNDNTpFC DNF -'HW. ORLICATICN IN if Pw -ff f POJSD.'..'Y OR SAID 1R,T r PORT. N11114 OF SE114, SEC. 15. 723N-R5E, 11d ),PL4k - 6 SHEET 6 OF 6 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Copperwood Final Plat FINAL PLAT APPROVAL LUA 16-000020 } Summary The applicant has applied for final plat approval of the Copperwood subdivision. The final plat is approved subject to conditions. Testimony No hearing is held on final plat applications. Exhibits The following documents were considered in evaluating the application for final plat: 1. March 14, 2016 staff report. 2. Preliminary Plat Report and Exhibits (LUA 1.4-000550). 3. Final Plat map 4. Vicinity Map. 5. Conditions of Compliance letter. FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Findings of Fact Procedural: 1. Applicant. Quadrant Homes. 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 47 lot subdivision, as depicted in Ex. 3. The subdivision received preliminary plat approval on October 31, 2014 by the City of Renton. The subdivision is located at 4905 SE 2nd Place. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authori1y of Hearing Examiner. RMC 4-7-110(C) provides that the hearing examiner shall approve all final plats. 11 Substantive: 1S 19 20 21 22 23 24 25 26 2. Applicable 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 for Phase II is approved, subject to the following condition: 1. All plat improvements shall be either constructed or deferred with adequate security to the satisfaction of City staff prior to the recording of the final plat. The lot line adjustment referenced at p. 4 of the staff report shall be recorded prior to the recording of the final plat. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 Dates} this 29th day of March, 2016. Wit A.Olbre6ts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall 7te 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 Nrtnt t`orm Reset Corm have Corm DEPARTMENT OF COMMI 7YCITY aF AND ECONOMIC DEVELOPMENT entonl (D "AN 13 2616 Planning�s�.� LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Quadrant Homes - Levi Rowse ADDRESS: 14725 SE 36th St Suite 200 CITY: Bellevue ZIP: 98006 TELEPHONE NUMBER: (425) 452-0338 APPLICANT (if other than owner) NAME: game as owner COMPANY (if applicable): ADDRESS: CITY: ZIP-- TELEPHONE IP:TELEPHONE NUMBER: CONTACT PERSON NAME: Wayne Potter COMPANY (if applicable): Novastar Development Inc ADDRESS: 18215 72nd AVE S CITY: Kent ZIP: 98032 TELEPHONE NUMBER AND EMAIL ADDRESS: 425 251-6110 wpotter@novastardev.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: COPPERWOOD PRO sE 2N`a pDRESS(Sj1LOCATION AND 98 0 $DE: 355 FIELD PL SE 14021 SE 136TH ST 312 FIELD PL SE 5001 SE 2N0 PL 5013 SEM PL AND 14217 SE 136TH ST KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 152345-9170,9221,9043,9100,9093,9066,9201,9067 EXISTING LAND USE(S): SINGLE FAMILYIVACANT PROPOSED LAND USE(S): SINGLE FAMILY EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RLD-RESIDENTIAL LOW DENSITY PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) N/A EXISTING ZONING: R4 PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): 12.68AC t552,483 s SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 4.46DU PER NET ACRE NUMBER OF PROPOSED LOTS (if applicable) 47 NUMBER OF NEW DWELLING UNITS (if applicable): 46 H:\CED\Data\Farms-Templates\5elf-Help Handouts\Planning\Master Application.doc Rev: 08/2015 PkOJECT INFORMAL NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 3,000 sf +!- SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A ION (contig sued PROJECT VALUE: 4.4 MILLION +/- IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. S GEOLOGIC HAZARD 7,064 sq. ft. ❑ HABITAT CONSERVATION sq. ft_ :9 SHORELINE STREAMS & LAKES 5,002 sq. ft. IX WETLANDS 867 sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE SE 1/4 QUARTER OF SECTION 15 , TOWNSHIP 23N, RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Oki n t Q_ cee(e-S , 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 771*e 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 in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Rep esentative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that _1r`�- ) j t" [ t �`� signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. III Dated �� i g�ti,,,,.,,,p�r�i� i h JAZ oilO"Y Y AS\NN 1111%%%\ Notary Public in and for the State of Washington Notary (Print): My appointment expires: `c l) ' -1 + `i H:\CED\Data\Forms-Templates\5elf-Help Handouts\Planning\MasterApplication.doc Rev:08/2015 ASSISTANT SECRETARY'S CERTIFICATE I, Vicki A. Merrick, Assistant Secretary of The Quadrant Corporation, (the "Company") a Washington corporation do hereby certify as follows: 1. I am the duly appointed and qualified Assistant Secretary of the Company and as such Assistant Secretary I have access to the corporate and stock books and the corporate seal of the Company; and 2. Bonnie A. Geers is Vice President, Commercial Development and Public Affairs, The Quadrant Corporation and as such Vice President is authorized to execute the City of Renton, Land Use Permit Master Application (the "Application"), relating to the final plat submittal for the Beclan Place Project, Renton, Washington and is further authorized to execute any and all documents relating to the Application, in accordance with the resolutions and delegations of authority of the Company. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company this 13&. day of October, 2012. Assistant Secretary The Quadrant Corporation gAwrporate secretary docslcertificatesVnisc. cerlificateslgreers quadrant 102312.docx PLAT NAME RESERVATION CERTIFICATE TO: SANDY BAILEY 18215 72ND AVE S KENT, WA 98032 PLAT RESERVATION EFFECTIVE DATE: March 10, 2015 The plat name, COPPERWOOD has been reserved for future use by QUADRANT CORP. 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 March 10, 2017, 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. Ck KIni3 Gnunty .' •� _ 2011oelf Deputy Auditor f,4„t, Jvr✓4 DEPARTMENT OF COMM ITY WAIVED BY: City of COMMENTS: Arborist Report,3 AND ECONOMIC DEVELOPMENT, Architectural Elevations 3AND4 WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 JAN 13 2016 CITY OF RE NTO N LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Arborist Report,3 Architectural Elevations 3AND4 Biological Assessment 4 Calculations, Colored Maps for Display 4 Construction Mitigation Description 2AND4 Deed of Right -of -Way Dedication 1 Density Worksheet 4 Drainage Control Plane ' Drainage Report z Elevations, Architectural3AND4 Environmental Checklist 4 Existing Covenants (Recorded Copy) 1AND4 Existing Easements (Recorded Copy) 1A1114 Flood Hazard Data 4 Floor Plans 3AND4 Geotechnical Report 2AND 3 Grading Elevations & Plan, Conceptual 2 Grading Elevations & Plan, Detailed 2 Habitat Data Report 4 Improvement Deferral z Irrigation Plan 4 PROJECT NAME: OC& DATE: 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittairegs.docx Rev: 02/2015 0 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptua14 Landscape Plan, Detailed Legal Description, Letter of Understanding of Geological Risk 4 Map of Existing Site Conditions4 Master Application Form 4 Monument Cards (one per monument)1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTS) 4 Post Office Approval i Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary 4 Public Works Approval Lettere Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2AND 4 Stream or Lake Study, Standard 4 Stream or Lake Study, Supplementa14 Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate 2AND4 Topography Map Traffic Study l Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Ana lysi54 Utilities Plan, Generalized Z Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Pian, Preliminary 4 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs,docx Rev: 02/2015 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: REVISED JAN 7, 2016 1. 552,453 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements}* Critical Areas* Total excluded area: 3. Subtract line 2from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density 70,374 square feet 10,765 square feet 12,065 square feet # 1 (see below) 2. 93,204 square feet 3. 459,279 square feet 4. 10-54 acres 5. units/lots 6.4-46 = dwelling units/acre (OR 4.0 DUTAC when utilizing the rounding provisions of RMC 4-11-040; Net Density) *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. FOOTNOTE #7: STREAM = 5.00? S. F.: 40% slope,_ 7,064 S. F. R:%PWU]FVSERVTovmsT1anningldensity.doc Last updated: 11/08/2004 January 12, 2016 CONDITIONS OF PLAT APPROVAL COMPLIANCE RECEIVED Plat of Copperwood (City File #LUA14000550) JAN 13 2010 CITY OF RFNTON HEARING EXAMINER'S DECISION PLANNING DIVISION The proposed preliminary plat, street improvement modifications and critical areas exemption are 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. Response: All SEPA mitigation measures have been addressed. See page 4 of this document that addresses each mitigation measure. 2. All proposed street names shall be approved by the City. Response: As required, we have obtained approval of the street names that are reflected on the enclosed final plat map. 3. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (16). Response: All lot corners at the intersections of the dedicated public rights -of -ways have a minimum of 15 -foot radius. 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. Response: As indicated on the approved construction plans (and as -built drawings), all side sewer lines have been installed 8 feet into each lot. 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. Response: All utilities have been placed underground. 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 certify to the City that it is properly installed. - 1 - 16834.019.doc Response: All dry utilities (cable, phone, gas, etc.) have been installed underground, stubbed to each lot, and all associated fees have been paid by the developer. The applicant shall be required to record the Copperwood lot line adjustment (LUA14- 000730) prior to Final Plat Recording. Response: The proposed Copperwood Lot Line Adjustment has been approved by the City of Renton and we are currently finalizing the private improvements associated with the adjacent property owner (Bergquist) which will allow us to obtain all signatures for the lot line adjustment_ Prior to the recording of the final plat of Copperwood the lot line adjustment will be recorded_ 8. Additional trees shall be planted within the provided 25 -foot open space tract along the western border of the site, specifically the planting of additional trees to replace removed trees within the tract that have been considered dead, diseased or dangerous (Exhibit 13). Additionally, the applicant shall be required to plant two evergreen trees, per lot, along the southern perimeter of the site. These shall be placed into an easement identifying the requirement for retention of the trees in perpetuity, if removed such trees shall be replaced at a 1:1 ratio. Such landscaping or landscape plus fencing shall be, at a minimum, 6 -feet high at maturity and at least 50% sight - obscuring. Existing healthy mature trees which are located within the 25 -foot wide open space tract shall be maintained and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous, A revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Response: As allowed, a performance bond will be provided to delay the installation of trees along the south property line to avoid impacts to the trees during house construction. Additional trees have been installed along the western border of the site (Tract E) that will include proper fencing. During construction, the retained trees in Tract E were properly protected. Open space tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Response: The enclosed final plat references the open space tract (Tract A) and is to be preserved in perpetuity (see Plat note No.3 on sheet 3 of 5). 10. All structures proposed for removal or relocation shall be demolished and/or relocated and all inspections complete prior to Final Plat approval. Response: All demolition on site has been completed and inspected. 11. 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 plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Economic Development. Response: A revised landscape plan was provided and approved by the City on April 29, 2015 (Rocale Timmons). 12. The applicant shall eliminate access directly from SE 2nd Place for proposed Lot 46. As an alternative the applicant may provide shared access to Lot 46 via the internal looped road. The revised plat plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Should the revised plat plan result in an additional access easement/right-of-way dedication the applicant shall be required to submit a revised density worksheet with the revised plat plan demonstrating compliance with the density requirements of the R-4 zone. - 2 - 16834.019.doc Response: The site plan has been revised (and approved by the City) to eliminate direct access to S.E. 2nd Place (Lot 46). As a result, we have submitted a revised "density worksheet" for review and approval. 13. The applicant shall submit a Final Stream Mitigation Plan for impacts (tight -lining of drainage system, trail, and buffer averaging) to the critical area buffer. The Final Mitigation Plan shall be submitted to, and approved by, the Current Planning Project Manager prior to utility construction permit approval. The applicant shall also establish a Native Growth Protection Easement over that part of the site encompassing the stream and buffer area and place fencing and signage along the outer buffer edge which would include the buffer edge along the west side of 143rd Ave SE. Response: A final stream mitigation plan has been submitted and approved by the City. An NGPE Tract (verses easement) has been created for the stream and buffer. Furthermore, fencing and signage have been installed as required. 14_ The applicant shall revise the SE 2nd Place cross section to transition to the code required street standard (landscaping in between the sidewalk and the curb) at the eastern boundary of the Maplewood Creels buffer. The revised street cross section shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Response: The approved construction plans include the revisions to the S.E. 2nd Place cross section. 15. The applicant shall be required to place a split rail fence along the eastern boundary of the critical area/open space tract adjacent to the modified 143rd Ave S.E. street. Response: As required, a split rail fence has been installed along the eastern boundary of the critical area/open space on the 143rd Avenue S.E. street. 16. The applicant shall be required to submit a Final Mitigation Plan demonstrating compliance with the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6-030); will not result in significant adverse changes in the water temperature or chemical characteristics of the stream; and there is no increase in the existing rate of flow (RMC 4-3- 050C.5.d.i). The Final Mitigation Plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Response: As part of the approved construction plans, a final Technical Information Report (TIR) was submitted and approved by the City. The final mitigation plan demonstrates compliance with the Storm and Surface Water Drainage Regulations. 17. The applicant shall submit a revised plat plan depicting the elimination of the lot (Lot 47) within the subdivision. The applicant may submit an alternative plan which provides access to Lot 47 according to RMC 4-6-060, Street Standards. Should the revised plat plan result in an additional access easement/right-of-way dedication the applicant shall be required to submit a revised density worksheet demonstrating compliance with the density requirements of the R-4 zone. The revised plat plan, and density worksheet if needed, shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Response: The enclosed final plat map reflects the changes regarding access for Lot 47. A revised density worksheet has been prepared and submitted. 18. The applicant shall provide a designated crosswalk, across SE 2nd Place, to connect to the existing sidewalk on the north side of street. Alternatively the applicant may designated walking path, on the south side of SE 2nd Place, east of the subject property to an existing SE 2nd place - 3 - 16834.019.doc crosswalk, in order to provide a safe route to school/designated school bus stops. A safe route to school/designated school bus stops plan shall submitted to, and approved by the Current Planning Project Manager, prior to construction permit approval. Response: A designated crosswalk has been installed across S.E. 2nd Place to connect to the existing sidewalk on the north side of the street per the approved construction approval. 19. The applicant shall be required to create a homeowners' association and maintenance agreement(s) for the shared utilities, stormwater facilities, and maintenance and responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Response: Enclosed for review is a copy of the "draft" CCR's and HOA documents for the Plat of Copperwood. 20. The signage required for the split rail fence along 143rd Ave S. shall provide that dumping into the ravine is prohibited_ Response: A sign prohibiting "dumping" into the ravine along 143rd Avenue South as been posted. 21. The proposal shall be subject to the mitigation measures recommended in the 10/13/14 memo to the Examiner, Ex. 27_ Response: All mitigation measures recommended in the October 13, 2014 memo have been addressed (see below). SEPA DNS -M B. Mitigation Measures 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared Terra Associates, Inc., dated February 10, 2014. Response: All earthwork for the subject property is consistent with the February 10, 2014 geotechnical report prepared by Terra Associates, Inc. 2. The applicant shall provide a 50 -foot horizontal setback distance from the edge of the maximum stored water elevation in the pond to the crest of the ravine slope. As an alternative to a setback the applicant may choose to line the pond with a flexible membrane liner to prevent seepage losses. The final drainage plan shall be submitted to, and approved by, the Plan Reviewer prior to construction permit approval. Response: The 50 -foot setback has been provided from stored water elevation in the pond to the crest of the ravine slope. (See sheet 14 of the approved construction plans). 3. Site construction shall be restricted to the dry weather months (April 1st through September 30th). Response: The comment is noted. 4. The final drainage report shall include a more detailed upstream, downstream, and potential erosion analysis. Per CORE requirement #2, a Level 2 downstream analysis is required to better - 4 - 16834.019.doc understand erosion and possible concentration of runoff in erosion sensitive downstream bodies. The applicant should note that Level 3 flow control could be required as part of the Level 2 downstream analysis. A revised final drainage report and associated plans, based on the 2009 King County Surface Water Design Manual as amended by the City of Renton, is required to be submitted to the satisfaction of the Plan Reviewer prior to construction permit approval_ Response: The final drainage report includes a more detailed upstream, downstream, and potential erosion analysis. 5. The applicant shall design the proposed drainage facility utilizing the Enhanced Basic water quality menu. A revised final drainage report and associated plans utilizing the Enhanced Basic water quality menu , based on the 2009 King County Surface Water Design Manual as amended by the City of Renton, is required to be submitted to the satisfaction of the Plan Reviewer prior to construction permit approval. Response: The approved construction plans (which includes the storm pond) was designed to the Enhanced Basic Water Quality Menu. 6. The applicant shall be required to provide, to the Current Planning Project Manager, tree retention inspection/monitoring reports after initial clearing, final grading, and annually for two years by a qualified professional forester. The ins pectionlmonitoring reports shall identify any retained trees that develop problems due to changing site conditions and prescribe mitigation. Response: During construction, tree retention inspection/monitoring reports have been provided. Also submitted is a final tree inspection report prepared by Washington Forestry Consultants, Inc. October 13, 2014 Memo from Rocale Timmons Staffs recommended additional Conditions of Approval Staff recommends the following conditions of approval: 1.) Hand remove grass and other debris dumped on the bank that continues to saturate the hillside that prevents natural vegetated to grow on the bank (immediately adjacent to 13652 and 13660 143rd Avenue SE) and plant native vegetation along the bank. The proposed planting plan shall be included in the Final Mitigation to be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Response: All debris will be removed from the bank and natural vegetation will be planted as indicated on the approved Mitigation Plan. 2.) The applicant shall grind and overlay from the centerline of the existing asphalt to the edge of road that fronts the project on 143rd Avenue S.E. Response: A fee -in -lieu of grinding a portion of 143rd Avenue S.E. has been submitted and processed by the City of Renton Engineering Department (Rohini Nair). - 5 - 16834.019.doc as .x.F First iM.AAerican First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 March 15, 2016 Tina Lieu Fikso Kretschmer Smith Dixon Ormseth P5 2025 1st AVE STE 1130 Seattle, WA 98121 Phone: (206)448-1818 Fax: (206)448-3444 Title Officer: Pat Fullerton Phone: (206)615-3055 Fax No.: (866)904-2177 E -Mail: pfullerton@firstam.com Order Number: 2450132 Escrow Number: NONE Buyer: Owner: Property: 4921 Southeast 2nd Place, 14217 SE 136th Street, 5013 SE 2nd Place, 4905 SE 2nd Place, 312 Field Place SE, 5001 SE 2nd Place, and 355 Field Place SE Renton, Washington 98059 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Form 5003353 (7-1-14) 'Page 1 of 19 1 Customer First. Number, 2450132 ,ECEIED MAR 16 2916 CITY OF ftSNT N PLArsNjrdG DIVISION CLTA #14 Subdivision Guarantee (4 -10 - x a j 3 n w TT � _ l F f Name: LOT 1 North: 178290.9272' East: 1310848.2638' Segment #1 : Line Course: S00°31'50'W Length: 35.44' North: 178255.4887' East: 1310847.9356' Segment #2 : Line Course: N89°28'10"W Length: 122.68' North: 178256.6247' East: 1310725.2609' Segment #3 : Line Course: NOO°31'30"E Length: 62.12' North: 178318.7421' East: 1310725.8301' Segment #4 : Line Course: S88°29'01 "E Length: 98.13' North: 178316.1453' East: 1310823.9257' Segment #5 : Curve Length: 38.84' Radius: 25.00' Delta: 089°00'51" Tangent: 24.57' Chord: 35.05' Course: S43°58'35"E Course In: S01°30'59"W Course Out: S89°28'10"E RP North: 178291.1540' East: 1310823.2641' End North: 178290.9225' East: 1310848.2631' Perimeter: 357.20' Area: 7363 Sq. FL Error Closure: 0.0047 Course: S08a50'18"W Error North: -0.00464 East: -0.00072 Precision 1:76002.13 *kkk*kkkk*kkk*ek**k**k**k**kkkkk..k................ •t. *t..t......... Name: LOT 2 North: 178255.4932' East: 1310847.9356' Segment #1 : Line Course: S00°31'50"W Length: 50.00' North: 178205.4953' East: 1310847.4726' Segment #2 : Line Course: N89'28'10"W Length: 122.67' North: 178206.6312' East: 1310724.8079' Segment #3 : Line Course: N00°31'30"E Length: 50.00' North: 178256.6291' East 1310725.2660' Segment #4 : Line Course: S89°28'10"E Length: 122.68' North: 178255.4931' East: 1310847.9407' Perimeter: 345.35' Area: 6134 Sq. Ft Error Closure: 0.0052 Course: S89°28'01 "E Error North: -0.00005 East: 0.00515 Precision 1:66413.46 ........................................ k+ Name: LOT 3 JPN 1 a Z0�6 North: 178205.4953' East: 1310847.4725' CITY Qf R��4�t��i Segment #1 Line DIVISION QLXMNING Course: S00°31'50'W Length: 50.00' North: 178155.4975' East: 1310847.0095' Segment #2 : Line Course: N89'28'1 OV Length: 122.67' North: 178156.6334' East: 1310724.3448' Segment #3 : Line Course: N00°31'30"E Length: 50.00' North: 178206.6313' East: 1310724.8029' Segment #4 : Line Course: S89°28'1 WE Length: 122.67' North: 178205.4954' East: 1310847.4676' Perimeter: 345.34' Area: 6134 Sq. Ft. Error Closure: 0.0048 Course: N89°28'20"W Error North: 0.00004 East: -0.00485 Precision 1:71945.83 Name: LOT 4 North: 178155.4975' East: 1310847.0094' Segment #1 : Line Course: SOO°31'50"VY Length: 50.00' North: 178105.4996' East: 1310846.5464' Segment #2 : Line Course: N89°28'10"W Length: 122.66' North: 178106.6354' East: 1310723.8916' Segment #3 : Line Course: NOOa31'30"E Length: 50.00' North: 178156.6333' East: 1310724.3498' Segment #4 : Line Course: S89°28'10"E Length: 122.67' North: 178155.4974' East: 1310847.0145' Perimeter: 345.33' Area: 6133 Sq, Ft. Error Closure: 0.0052 Course: S89°28'01"E Error North: -0.00005 East: 0.00515 Precision 1:66409.62 !f!!f!!af!•t*1f*1fif1fflff!!fa!!f!f!•t+efaffat#aa+a+aai#aa+a++tak**+ Name: LOT 5 North: 178105.4996' East: 1310846.5.463' Segment #1 : Line Course: S00*31'50"W Length: 50.00' North: 178055.5018' East: 1310846.0833' Segment #2 : Line Course: N89`28'10"V1/ Length: 122.66' North: 178056.6376' East: 1310723.4285' Segment #3 : Line Course: N00°31'30'E Length: 50.00' North: 178106.6355' East: 1310723.8867' Segment #4 : Line Course: S89°28'10"E Length: 122.66' North: 178105.4997' East: 1310846.5414' Perimeter: 345.32' Area: 6133 Sq. Ft. Error Closure: 0.0048 Course: N89°28'20'W Error North: 0.00004 East: -0.00485 Precision 1:71941.67 }#k##k}*k*#k****kk***kkk**k***kkkk**k*#***k**k*kx}*Y**RRRt#RYRRk!#YR Name: LOT 6 North: 178055.5018' East: 1310846.0832' Segment #1 : Line Course: S00°31'50"W Length: 50.00' North: 178005.5039' East: 1310845.6202' Segment #2 : Line Course: N89°28'10"W Length: 122.65' North: 178006.6396' East: 1310722.9754' Segment #3 : Line Course: N00°31'30"E Length: 50.00' North: 178056.6375' East: 1310723.4336' Segment #4 : Line Course: S89°28'10"E Length: 122.66' North: 178055.5017' East: 1310846.0883' Perimeter: 345.31' Area: 6133 Sq. Ft. Error Closure: 0.0052 Course: S89°28'01 "E Error North: -0.00005 East: 0.00515 Precision 1:66405.77 +*#}#}}##}}#}}#}*#}}#}######a+#+++a*# Name: LOT 7 North: 178005.5039' East: 1310845.6201' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 177955.5060' East: 1310845.1571' Segment #2 : Line Course: N89°28'10'W Length: 122.65' North: 177956.6418' East: 1310722.5123' Segment #3 : Line Course: N00°31'30"E Length: 50.00' North7 178006.6397' East: 1310722.9705' Segment #4 : Line Course: S89'28'1 0"E Length: 122.65' North: 178005.5039' East: 1310845.6152' Perimeter: 345.30' Area: 6133 Sq. Ft. Error Closure: 0.0048 Course: N89°28'20'W Error North: 0.00004 East: -0.00485 Precision 1:71937.50 +**+***k*+xkxk*ktxxYfkRxaR*xYRRRRRtRRYititi#t!!!!!!!*!!!e!*t!!+!*+k! Name: LOT 8 North: 177955.5060' East: 1310845.1570' Segment #1 : Line Course: S00°31'50'VV Length: 50.00' North: 177905.5082' East: 1310844.6940' Segment #2 : Line Course: N89°28'10"W Length: 122.64' North: 177906.6438' East: 1310722.0592' Segment #3 : Line Course: N00°31'30"E Length: 50.00' North: 177956.6417' East: 1310722.5174' Segment #4 : Line Course: S89°28'10"E Length: 122.65' North: 177955.5060' East: 1310845.1621' Perimeter: 345.29' Area: 6132 Sq. Ft. Error Closure: 0.0052 Course: S89°28'01"E Error North: -0.00005 East 0.00515 Precision 1:66401.92 k*Th Name: LOT 9 North: 177905.5082' East: 1310844.6939' Segment #1 : Line Course: S00`31'50"W Length: 45.26' North: 177860.2501' East: 1310844.2748' Segment #2 : Curve Length: 4.74' Radius: 81.50' Delta: 003°19'57" Tangent: 2.37' Chord: 4.74' Course: SO °08'08"E Course In: S89°28'10"E Course Out: S87°11'54'W RP North: 177859.4955' East: 1310925.7713' End North: 177855.5118' East: 1310844.3687' Segment #3 : Line Course: N89°28'10"W Length: 122.78' North: 177856.6488' East: 1310721.5939' Segment #4 : Line Course: N00°31'30"E Length: 50.00' North: 177906.6467' East: 1310722.0521' Segment #5 : Line Course: S89'28'10"E Length: 122.64' North: 177905.5110' East: 1310844.6868' Perimeter: 345.42' Area: 6132 Sq_ Ft. Error Closure: 0.0076 Course: N68'00'16"W Error North: 0.00284 East: -0.00703 Precision 1:45450.00 ##*#####*##t########t########***t#*****k********k*x****i*R*TR*x**Tek Name: LOT 10 North: 177803.8465' East: 1310571.8055' Segment #1 : Line Course: N00°31'30"E Length: 52.80' North: 177856.6443' East: 1310572.2893' Segment #2 : Line Course: S89'28'10"E Length: 122.78' North: 177855.5074' East: 1310695.0640' Segment #3 : Curve Length: 45.39' Radius: 81.50' Delta: 031°5441" Tangent: 23.30' Chord: 44.81' Course: S18°45'27"E Course In: N87'1 1'54"E Course Out: S55°1712'W RP North: 177859.4910' East: 1310776.4666' End North: 177813.0792' East: 1310709.4727' Segment #4 : Line Course: S59°16'58'W Length: 24.63' North: 177800.4981' East: 1310688.2983' Segment #5 : Line Course: N88°21'16"W Length: 116.54' North: 177803.8447' East: 1310571.8064' Perimeter: 362.14' Area: 6902 Sq. Ft. Error Closure: 0.0020 Course: S25°22'24"E Error North: -0.00181 East: 0.00086 Precision 1: 181070.00 *****#k**k*xk**xkTek*x*TT.TT..Yeklkkik.YY..Y*YY*kiktfYtf[tftifef[ttt !#*t Name: LOT 11 North: 177683.8286' East: 1310708.1012' Segment #1 : Line Course: N00°31'30"E Length: 120.02' North: 177803.8436' East: 1310709.2009' Segment #2 : Line Course: S88°21'16"E Length: 62.34' North: 177802.0534' East: 1310771.5152' Segment #3 : Line Course: S01 °38'44 W Length: 120.00' North: 177682.1029' East: 1310768.0692' Segment #4 : Line Course: N88°21'16'9N Length: 60.00' North: 177683-8259' East: 1310708.0940' Perimeter: 362.36' Area: 7340 Sq. Ft. Error Closure: 0.0077 Course: S69°08'38'VV Error North: -0.00275 East: -0.00721 Precision 1:47059.74 *}+#++*}}#+*+k+kk*#**x**xkxxxkkxk+kkk+*kxkkxkxxkkxxxxkxxx*xxxxkxxxxx Name: LOT 12 North: 177780.3418' East: 1310842.8300' Segment #1 : Line Course: S01 "38'44'W Length: 100.00' North: 177680.3831' East: 1310839.9584' Segment #2 : Line Course: N88*21'16"W Length: 60.00' North: 177682.1060' East: 1310779.9831' Segment #3 : Line Course: N01°38'44"E Length: 100.00' North! 177782.0648' East: 1310782.8548' Segment #4 : Line Course: S88°21'16"E Length: 60.00' North: 177780.3418' East: 1310842.8300' Perimeter: 320.00' Area: 6000 Sq. Ft. Error Closure: 0.0000 Course: N00'00'00"E Error North: 0.00000 East: 0.00000 Precision 1:320000000.00 }}}}f}}xk}}k}*}#*}+*}#*}#*}##+#}}}++*#k+}*********}**}**x**x*kx**xxk Name: LOT 13 North: 177781.2732' East: 1310902.8815' Segment #1 : Line Course: S01 "38'44" 4N Length: 102.66' North: 177678.6555' East: 1310899.9335' Segment #2 : Line Course: N88'2116"W Length: 60.00' North: 177680.3785' East: 1310839.9582' Segment #3 : Line Course: N01 °38'44"E Length: 100.00' North: 177780.3373' East: 1310842.8299' Segment #4 : Line Course: N59°16'58"E Length: 34.39' North: 177797.9037' East: 1310872.3949' Segment #5 : Curve Length: 35.00' Radius: 81.50' Delta: 024'36'20" Tangent: 17.77' Chord: 34.73' Course: S61 °23'10"E Course In: N40°55'00"E Course Out: S16*18'40'W RP North: 177859.4903' East: 1310925.7742' End North: 177781.2706' East: 1310902.8847' Perimeter: 332.04' Area: 6550 Sq. Ft, Error Closure: 0.0041 Course: S50'33'59"E Error North: -0.00262 East 0.00319 Precision 1: 80987.80 **##*#fk#**#**#**xk*kkk*kk**kk*xkxkkxk**kkWkkWtk Wkk Wtk*tliftWit!!!t! Name: LOT 14 North: 177777.1832' East: 1310952.7847' Segment #1 : Line Course: S01'38'44'W Length: 100.00' North: 177677.2245' East: 1310949.9130' Segment #2 : Line Course: N88°21'16"W Length: 50.00' North: 177678.6603' East: 1310899.9336' Segment #3 : Line Course: N01 °38'44"E Length: 102.66' North: 177781.2780' East: 1310902.8817' Segment #4 : Curve Length: 20.86' Radius: 81.50' Delta: 014"39'57" Tangent: 10.49' Chord: 20.80' Course: S81°01'18"E Course In: N16°18'40"E Course Out: S01°38'44'W RP North: 177859.4977' East: 1310925.7712' End North: 177778.0313' East: 1310923.4308' Segment #5 : Line Course: S88°21'16"E Length: 29.37' North: 177777.1879' East: 1310952.7887' Perimeter: 302.88' Area: 5018 Sq. Ft, Error Closure: 0.0061 Course: N40°55'29"E Error North: 0.00463 East: 0.00401 Precision 1:49654.10 •f*W*fx}*!+}++}++++##}}k*}*k**k*#k*****k***k*******x**x**x**x**x*f1*k Name: LOT 15 North: 177775.7475' East: 1311002.7640' Segment #1 : Line Course: S01 °38'44" W Length: 100.00' North: 177675.7888' East: 1310999.8924' Segment #2 : Line Course: N88°21'16'W Length: 50.00' North: 177677.2246' East: 1310949.9130' Segment #3 : Line Course: N01 °38'44"E Length: 100.00' North: 177777.1833' East: 1310952.7847' Segment #4 : Line Course: S88°21'16"E Length: 50.00' North: 177775.7475' East: 1311002.7640' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 ................... **.*.***.R*.***.********x**x"*t...**.... Name: LOT 16 North: 177774.0247' East: 1311062.7393' Segment #1 : Line Course: S01°38'44W Length: 100,00' North: 177674.0659' East 1311059.8677' Segment #2 : Line Course: N88°21'16"W Length: 60.00' North: 177675.7889' East: 1310999.8924' Segment #3 : Line Course: N01 °38'44"E Length: 100.00' North: 177775.7477' East: 1311002.7640' Segment #4 : Line Course: S88°21'16"E Length: 60.00' North: 177774.0247' East: 1311062.7393' Perimeter: 320.00' Area: 6000 Sq. Ft, Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:320000000.00 Name: LOT 17 North: 177772.5890' East: 1311112.7187' Segment #1 : Line Course: S01°38'44"W Length: 100.00' North: 177672.6302' East: 1311109.8470' Segment #2 : Line Course: N88°21'16"W Length: 50.00' North: 177674.0660' East: 1311059.8677' Segment #3 : Line Course: N01°38'44"E Length: 100.00' North: 177774.0248' East: 1311062.7393' Segment #4 : Line Course: S88`21'16"E Length: 3.66' North: 177773.9197' East: 1311066.3978' Segment #5 : Curve Length: 42.13' Radius: 81.50' Delta: 029°37'17" Tangent: 21.55' Chord: 41.67' Course: N76'50'05"E Course In: N01°3844"E Course Out: S27°58'34"E RP North: 177855.3861' East: 1311068.7382' End North: 177783.4099' East: 1311106.9701' Segment #6 : Line Course: S27°58'34"E Length: 12.25' North: 177772.5914' East: 1311112.7166' Perimeter: 308.05' Area: 5171 Sq. Ft. Error Closure: 0.0032 Course: N40°18'21'W Error North: 0.00243 East: -0.00206 Precision 1:96262.50 ................. Name: LOT 18 North: 177770.5780' East: 1311182.7232' Segment #1 : Line Course: S00°32'31"W Length: 100.02' North: 177670.5625' East: 1311181.7772' Segment #2 : Line Course: N88°21'16'W Length: 71.96' North: 177672.6289' East: 1311109.8469' Segment #3 : Line Course: N01 °38'44"E Length: 100.00' North: 177772.5877' East: 1311112.7185' Segment #4 : Line Course: N27°58'34"W Length: 12.25' North: 177783.4062' East: 1311106.9720' Segment #5 : Curve Length: 40.09' Radius: 81.50' Delta: 028"11'02" Tangent: 2D.46' Chord: 39.69' Course: N47'55'55"E Course In: N27°58'34"W Course Out: S56°09'36"E RP North: 177855.3823' East: 1311068.7401' End North: 177809.9970' East: 1311136.4336' Segment #6 : Line Course: S49°34'52"E Length: 60.80' North: 177770.5760' East: 1311182.7222' Perimeter: 385.12' Area: 8604 Sq. Ft. Error Closure: 0.0022 Course: S28°32'14'W Error North: -0.00197 East: -0.00107 Precision 1: 175054.55 ..." ............................. Name: Name: LOT 19 North: 177828.9352' East: 1310996.9912' Segment #1 : Line Course: N88°21'16"W Length: 72.07' North: 177831.0048' East: 1310924.9509' Segment #2 : Curve Length: 44.21' Radius: 28.50' Delta: 088'53'07" Tangent: 27.95' Chord: 39.91' Course: N43"5443W Course In: N01 °38'44"E Course Out: N89°28'10'VV RP North: 177859.4931' East: 1310925.7693' End North: 177859.7570' East: 1310897.2705' Segment #3 : Line Course: N00°31'50"E Length: 32.64' North: 177892.3956' East: 1310897.5728' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 177891.4696' East: 1310997.5685' Segment #5 : Line Course: S00'31'50"W Length: 62.54' North: 177828.9323' East: 1310996.9894' Perimeter: 311.46' Area: 5990 Sq. Ft. Error Closure: 0.0035 Course: S31"15'23"W Error North: -0.00296 East: -0.00179 Precision 1:88988.57 Name: LOT 20 North: 177891.4679' East: 1310997.5704' Segment #1 : Line Course: N89°28'10'W Length: 100.00' North: 177892.3939' East: 1310897.5747' Segment #2 : Line Course: N00°31'50"E Length: 60.00' North: 177952.3913' East: 1310898.1302' Segment #3 : Line Course: S89°28'10"E Length: 100.00' North: 177951.4653' East: 1310998.1260' Segment #4 : Line Course: S00°31'50'W Length: 60.00' North: 177891.4679' East: 1310997.5704' Perimeter: 320.00' Area: 6000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1: 320000000.00 ..,...•..•..............+.....+..+.........+..+..+.++.++.•++,+..+r+. Name: LOT 21 North: 177951.4653' East: 1310998.1261' Segment #1 : Line Course: N89"28'10'W Length: 100-00' North: 177952.3913' East: 1310898.1304' Segment #2 : Line Course: N00°31'50"E Length: 50.00' North: 178002.3892' East: 1310898.5934' Segment #3 : Line Course: S89'28'10"E Length: 100.00' North: 178001.4632' East: 1310998.5891' Segment #4 : Line Course: S00°31'50"W Length: 50.00' North: 177951.4653' East: 1310998.1261' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 Name: LOT 22 tTii � t�:i�I�t; �itcY� � ti Ktii [tllft#.7:i:Y�l Segment #1 : Line Course: N89°28'10"W Length: 100.00' North: 178002.3892' East: 1310898.5935' Segment #2 : Line Course: N00°31'50"E Length: 50.00' North: 178052.3870' East: 1310899.0565' Segment #3 : Line Course: S89°28'10'E Length: 100.00' North: 178051.4611' East: 1310999.0522' Segment 94 : Line Course: S00°31'50"W Length: 50.00' North: 178001.4632' East: 1310998.5892' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 Name: LOT 23 North: 178051.4611' East: 1310999.0523' Segment #1 : Line Course: N89'28'10"W Length: 100.00' North: 178052.3870' East:1310B99.0566' Segment #2 : Line Course: N00°31'50'E Length: 50.00' North: 178102.3849' East: 1310899.5196' Segment #3 : Line Course: S89°28'10"E Length: 100.00' North: 178101.4589' East: 1310999.5153' Segment #4 : Line Course: S00°31'50"W Length: 50.00' North: 178051.4611' East: 1310999.0523' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 +++++++++++++++f+++++++++l++++......si+++a++a++a++a++a.....++++++i+ Name: LOT 24 North: 178101.4589' East: 1310999.5154' Segment #1 : Line Course: N89°28'10'W Length: 100.00' North: 178102.3849' East: 1310899.5197' Segment #2 : Line Course: N00°31'50"E Length: 50.00' North: 178152.3827' East: 1310899.9827' Segment #3 : Line Course: S89°28'10"E Length: 100.00' North: 178151.4568' East: 1310999.9784' Segment #4 : Line Course: S00°31'50'W Length: 50.00' North: 178101.4589' East: 1310999.5154' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1: 300000000.00 Name: LOT 25 North: 178151.4568' East: 1310999.9785' Segment #1 : Line Course: N89"28'10"W Length: 100.00' North: 178152.3827' East: 1310899.9828' Segment #2 : Line Course: N00°31'50"E Length: 50.00' North: 178202.3806' East: 1310900.4458' Segment #3 : Line Course: S89°28'10"E Length: 100.00' North: 178201.4546' East: 1311000.4415' Segment #4 : Line Course: 500°31'50"W Length: 50.00' North: 178151.4568' East: 1310999.9785' Perimeter. 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00'00'00"E Error North: 0.00000 East: 0,00000 Precision 1: 30000D000.00 Name: LOT 26 North: 178201.4546' East: 1311000.4416' Segment #1 : Line Course: N89'28'10"W Length: 100.00' North: 178202.3806' East: 1310900.4459' Segment #2 : Line Course: N00°31'50"E Length: 50.00' North: 178252.3785' East: 1310900.9089' Segment #3 : Line Course: S89°28'10"E Length: 100.00' North: 178251.4525 East; 1311000.9046' Segment #4 : Line Course: S00°31'50"W Length: 50.00' North: 178201.4546' East: 1311000.4416' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 Name: LOT 27 North: 178311.4499' East: 1311001.4605' Segment #1 : Line Course: S00°31'50"W Length: 60.00' North: 178251.4525' East: 1311000.9049' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North: 178252.3785' East: 1310900.9091' Segment #3 : Line Course: N00°31'50"E Length: 36.29' North: 178288.6669' East: 1310901.2452' Segment #4 : Curve Length: 39.70' Radius: 25.00' Delta: 090°59'09" Tangent: 25.43' Chord: 35.66' Course: N46°01'25"E Course In: S89°28'10'E Course Out: N01°30'59"E RP North: 178288.4354' East: 1310926.2441' End North: 178313.4266' East: 1310926.9057' Segment #5 : Line Course: S88°29'01 "E Length: 74.58' North: 178311,4530' East: 1311001.4596' Perimeter: 310.57' Area: 5946 Sq. Ft. Error Closure: 0.0033 Course: N15°38'32"W Error North: 0.00314 East: -0.00088 Precision 1:94112.12 }}**##+k*#*####k*#**#**********k**kx**x*xk*xxxxxxfi*xYfififi!**!#fit!**!! Name: LOT 28 End North: 178309.4534' East: 1311089.6272' Segment #1 : Curve Length: 38.84' Radius: 25.00' Delta: 089"00'51" Tangent: 24.57' Chord: 35.05' Course: S43°58'35"E Course In: 501*30'59"W Course Out: S89°28'10"E RP North: 178284.4621' East: 1311088.9656' End North: 178284.2306' East: 1311113.9646' Segment #2 : Line Course: S00"31'50"W Length: 35.00' North: 178249.2321' East: 1311113.6405' Segment #3 : Line Course: N89°28'10'W Length: 100.00' North: 178250.1581' East: 1311013.6448' Segment #4 : Line Course: N00"31'50"E Length: 61.30' North: 178311.4555' East: 1311014.2124' Segment #5 : Line Course: S88°29'01"E Length: 75.44' North: 178309.4591' East: 1311089.6260' Perimeter: 310.58' Area: 5915 Sq. Ft. Error Closure: 0.0059 Course: N12'11'37"W Error North: 0.00575 East: -0.00124 Precision 1: 52640.68 Name: LOT 29 North: 178249.2284' East: 1311113.6403' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 178199.2305' East: 1311113.1773' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North_ 178200.1565' East: 1311013.1816' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178250.1543' East: 1311013.6446' Segment #4 : Line Course: S89°28'10'E Length: 100.00' North: 178249.2284' East: 1311113.6403' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 a*....ar.*.aaara.a.......*kk*#k**k.*******iRH..HHkHHR.....k....i..#f Name: LOT 30 North: 178199.2305' East: 1311113.1772' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 178149.2327' East: 1311112.7142' Segment #2 : Line Course: N89'28'10'W Length: 100.00' North: 178150.1,586' East: 1311012.7185' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178200.1565' East: 1311013.1815' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 178199.2305' East_ 1311113.1772' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North; 0.00000 East: 0.00000 Precision 1: 300000000.00 .HRxR.xR...xx..xH.x..x.•x..*.......*x.*#..#kk#kk#kk#............akar Name; LOT 31 North: 178149.2327' East: 1311112.7141' Segment #1 : Line Course: S00°31'50"W Length: 50.00' North: 178099.2348' East: 1311112.2511' Segment #2 : Line Course: N89°28'10'W Length: 100.00' North: 178100.1608' East: 1311012.2554' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178150.1586' East: 1311012.7184' Segment #4 : Line Course: S89'28'1 VIE Length: 100.00' North: 178149.2327' East: 1311112.7141' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 *kkr.akrkar...... a*a4*k**k*****....... R HHR........ R........eff.*f.x Name: LOT 32 North: 178099.2348' East: 1311112.2510' Segment #1 : Line Course: S00°31'50"W Length; 50.00' North: 178049.2369' East: 1311111.7880' Segment #2 : Line Course: N89°28'10'W Length: 100.00' North: 178050.1629' East: 1311011.7923' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178100.1608' East: 1311012.2553' Segment #4 : Line Course: S89'28'10"E Length; 100.00' North: 178099.2348' East: 1311112.2510' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00'00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 ****}***}**}#*..*................................................... Name: LOT 33 North: 178049.2369' East: 1311111.7879' Segment #1 : Line Course: S00"31'50"W Length: 50.00' North: 177999.2391' East: 1311111.3249' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North: 178000.1651' East: 1311011.3292' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178050.1629' East: 1311011.7922' Segment #4 : Line Course: 589'28'10"E Length: 100.00' North: 178049.2369' East: 1311111.7879' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 .................................................. Name: LOT 34 North: 177999.2391' East: 1311111.3248' Segment #1 : Line Course: S00°31'50"W Length: 50.00' North: 177949.2412' East: 1311110.8618' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North: 177950.1672' East: 1311010.8661' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178000.1651' East: 1311011.3291' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 177999.2391' East: 1311111.3248' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 *}***#..*..*******.#x**xr**x********x**xxxxxwxxwxxxx*wxxxxxxxwxx*xxx Name: LOT 35 North: 177949.2412' East: 1311110.8617' Segment #1 : Line Course: S00'31'50"W Length: 60.00' North: 177889.2438' East: 1311110.3061' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North: 177890.1698' East: 1311010.3104' Segment #3 : Line Course: N00°31'50"E Length: 60.00' North: 177950.1672' East: 1311010,8660' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 177949.2412' East: 1311110.8617' Perimeter: 320.00' Area: 6000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: D.00000 Precision 1: 320000000.00 .................*.....*.}.*}.* Name: LOT 36 North: 177889.2438' East: 1311110.3060' Segment #1 : Line Course: S00°31'50"W Length: 34.12' North: 177855.1253' East: 1311109.9900' Segment #2 : Curve Length: 45.32' Radius: 28.50' Delta: 091'06'53" Tangent: 29.06' Chord: 40.70' Course: S46°05'17"W Course In: N89°28'10'W Course Out: S01 °38'44'W RP North: 177855.3892' East: 1311081.4912' End North: 177826.9009' East: 1311080.6728' Segment #3 : Line Course: N88°21'16'W Length: 70.96' North: 177828.9386' East: 1311009.7421' Segment #4 : Line Course: N00'31'50'E Length: 61.24' North: 177890.1760' East: 1311010.3091' Segment #5 : Line Course: S89°28'10"E Length: 100.00' North: 177889.2500' East: 1311110.3049' Perimeter: 311.64' Area: 6039 Sq. Ft, Error Closure: 0.0063 Course: N09°57'03'W Error North: 0.00623 East: -0.00109 Precision 1:49466.67 .xxxxtx*xx*.fxx............+......... t.x.t.tt.tt..,...... .e... t...., k*kk Name: LOT 37 10Mo m Segment #1 : Line Course: S00°31'60"W Length: 52.64' North: 177899.8336' East: 1311250.6588' Segment #2 : Line Course: N89°28'10'W Length: 100.00' North: 177900.7596' East: 1311150.6631' Segment #3 : Line Course: N00°31'50"E Length: 52.64' North: 177953.3973' East: 1311151.1506' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 177952.4713' East: 1311251.1463' Perimeter: 305.29' Area: 5264 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:305280000.00 k*kk*kk**k*kk***kir*kirxkk*;Yk*kk*kk*xk*kkkkkxxtxY..*..ft.x.txt.fttrtt,k Name: LOT 38 North: 177942.7659' East: 1311369.9869' Segment #1 : Line Course: S00'31'23"W Length: 54.82' North: 177887.9481' East: 1311369.4864' Segment #2 : Line Course: N89°28'10"W Length: 108.53' North: 177888.9531' East: 1311260.9611' Segment #3 : Line Course: N43°27'49'W Length: 14.98' North: 177899.8258' East: 1311254.6564' Segment #4 : Line Course: N00°31'50"E Length: 52.64' North: 177952.4635' East: 1311251.1439' Segment #5 : Line Course: S89°28'10"E Length: 100.05' North: 177951.5371' East: 1311351.1896' Segment #6 : Curve Length: 21.39' Radius: 25.00' Delta: 049'01'04" Tangent: 11.40' Chord: 20.74' Course: S64°57'38"E Course In: S00°311'50'W Course Out: N49°32'54"E RP North: 177926.5381' East: 1311350.9581' End North: 177942.7583' East: 1311369.9819' Perimeter: 352.41' Area: 7437 Sq. Ft. Error Closure: 0.0090 Course: S33'1 2'45'W Error North; -0.00756 East: -0.00495 Precision 1:39156.67 kkxkk*xx*xx*xkxxkxkxxklrxxFxxxxxxxxxxxxNxxxx*xR*xx*xx+,x.........*xkf Name: LOT 39 North: 177981.5854' East: 1311520.3137' Segment #1 : Line Course: S40°00'55"E Length: 14.20' North: 177970.7100' East: 1311529.4442' Segment #2 : Line Course: N89°28'10"W Length: 189.78' North: 177972.4673' East: 1311339.6723' Segment #3 : Line Course: N00°31'50"E Length: 150.00' North: 178122.4609' East: 1311341.0613' Segment #4 : Line Course: 889°28'10"E Length: 79.16' North: 178121.7278' East: 1311420.2179' Segment #5 : Line Course: S18°33'51"E Length: 23.11' North: 178099.8203' East: 1311427.5754' Segment #6 : Line Course: S37°20'30"E Length: 46.66' North: 178062.7241' East: 1311455.8778' Segment #7 : Line Course: S37°21'00"E Length: 36.45' North: 178033.7484' East: 1311477.9913' Segment #8 : Line Course: S39°45'32"E Length: 42.80' North: 178000.8462' East: 1311505.3644' Segment #9 : Line Course:537'48'S3"E Length: 24.39' North: 177981.5781' East: 1311520.3182' Perimeter: 606.54' Area: 19429 Sq. Ft. Error Closure: 0.0085 Course: S31'49'12"E Error North: -0.00721 East: 0.00447 Precision 1:71358.82 +.........t...k##.#.........kk# Name: LOT 40 North: 178022.4683' East: 1311251.7946' Segment #1 : Line Course: S00°31'50"W Length: 50.00' North: 177972.4705' East: 1311251.3316' Segment #2 : Line Course: N89°28'10"W Length: 100.00' North: 177973.3965' East: 1311151.3359' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178023.3943' East: 1311151.7989' Segment #4 : Line Course: S89°28'10"E Length: 100,00' North: 178022.4683' East: 1311251-7946' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 ***R*xk*w***wRxw*.......f..ft.txff<.....+t..*.......fe.++*++.++.++.# kk#k Name: LOT 41 North: 178072.4662' East: 1311252.2577' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 178022.4683' East: 1311251.7947' Segment #2 : Line Course: N89°28'10'W Length: 100.00' North: 178023.3943' East: 1311151.7990' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178073.3922' East: 1311152.2620' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 178072.4662' East: 1311252.2577' Perimeter: 300.00' Area: 5000 Sq, Ft, Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 k+#**#k**k*#k**k********x*xx**wwxwwx............. R" ft....ttft....i*# Name: LOT 42 North: 178122.4641' East: 1311252.7208' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 178072.4662' East: 1311252.2578' Segment #2 : Line Course: N89°28'10'W Length: 100.00' North: 178073.3922' East: 1311152.2621' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178123.3900' East: 1311152.7251' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 178122.4641' East: 1311252.7208' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00'00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 ***w Name: LOT 43 North: 178172.4619' East: 1311253.1839' Segment #1 : Line Course: S00°31'50'W Length: 50.00' North: 178122.4641' East: 1311252.7209' Segment #2 : Line Course: N89'28'1 DIN Length: 100.00' North: 178123.3900' East: 1311152.7252' Segment #3 : Line Course: N00°31'50"E Length: 50.00' North: 178173.3879' East: 1311153.1882' Segment #4 : Line Course: S89°28'10"E Length: 100.00' North: 178172.4619' East: 1311253.1839' Perimeter: 300.00' Area: 5000 Sq. Ft. Error Closure: 0.0000 Course: N00°00'00"E Error North: 0.00000 East: 0.00000 Precision 1:300000000.00 *R*#**#k**k***R*RR****xk*xRR*R**k**xR*xRYHHH kHHtkHltHlttYttitttttita Name: LOT 44 North: 178224.9441' East: 1311233.4432' Segment #1 : Line Course: S44'28'1 VE Length: 28.60' North: 178204.5344' East: 1311253.4783' Segment #2 : Line Course: S00°31'50'W Length: 32.07' North: 178172.4658' East: 1311253.1813' Segment #3 : Line Course: N89°28'10"W Length: 100.00' North: 178173.3918' East: 1311153.1856' Segment #4 : Line Course: N00°31'50"E Length: 52.30' North: 178225.6895' East: 1311153.6699' Segment #5 : Line Course: S89°28'10"E Length: 79.77' North: 178224.9509' East: 1311233.4365' Perimeter: 292.75' Area: 5025 Sq. Ft. Error Closure: 0.0095 Course: N44°28'10"W Error North: 0.00681 East: -0.00668 Precision 1:30814.74 Name: LOT 45 North: 178306.7271' East: 1311385.2944' Segment #1 : Line Course: S88°29'01"E Length: 74.58' North: 178304.7535' East: 1311459.8483' Segment #2 : Line Course: S00'31'50"W Length: 60.00' North: 178244.7560' East: 1311459.2927' Segment #3 : Line Course: N89°28'10' W Length: 100.00' North: 178245.6820' East: 1311359.2970' Segment #4 : Line Course: N00°31'50"E Length: 36.29' North: 178281.9705' East: 1311359.6331' Segment #5 : Curve Length: 39.70' Radius: 25.00' Delta: 090°59'09" Tangent: 25.43' Chord: 35.66' Course: N46°01'25"E Course In: S89°28'10"E Course Out: N01°30'59"E RP North: 178281.7390' East: 1311384.6320' End North: 178306.7302' East: 1311385.2936' Perimeter: 310.57' Area: 5946 Sq. Ft. Error Closure: 0.0033 Course: N15°38'32'W Error North: 0.00314 East: -0.00088 Precision 1:94112.12 Rk*Rxk***kxRxxHHtxxtttttttti.Htttittiitttiti*it*it*tt*tt *aYat*a*#aaa k#*R Name: LOT 46 North: 178256.4684' East: 1311318.1593' Segment #1 : Line Course: S00°58'39' W Length: 31.87' North: 178224.6030' East: 1311317.6156' Segment #2 : Line Course: S00'24'11"W Length: 12.07' North: 178212.5333' East: 1311317.5307' Segment #3 : Line Course: N89'35'49'W Length: 44.19' North: 178212.8442' East: 1311273.3418' Segment #4 : Line Course: N44°28'10'W Length: 44.87' North: 178244.8645' East: 1311241.9091' Segment #5 : Line Course: S89°28'10"E Length: 11.94' North: 178244.7539' East: 1311253.8486' Segment #6 : Line Course: N00°31'50"E Length: 60.00' North: 178304.7513' East: 1311254.4042' Segment #7 : Line Course: S88°29'01 "E Length: 66.09' North: 178303.0024' East: 1311320.4710' Segment #8 : Line Course: S03°45'26"W Length: 21.48' North: 178281.5686' East: 1311319.0635' Segment #9 : Line Course: S02°04'03"W Length: 25.12' North: 178256,4649' East: 1311318.1572' Perimeter: 317.62' Area: 5755 Sq, Ft, Error Closure: 0.0040 Course: S31°37'04"W Error North: -0.00344 East: -0.00212 Precision 1: 79407.50 Name: LOT 47 North: 178165.4315' East: 1311405.5379' Segment #1 : Line Course: S18°33'51"E Length: 46.10' North: 178121.7302' East: 1311420.2146' Segment #2 : Line Course: N89'28'10"W Length: 79.16' North: 178122.4632' East: 1311341.0580' Segment #3 : Line Course: N00°31'50"E Length: 82.07' North: 178204.5297' East: 1311341.8179' Segment #4 : Line Course: N67°17'17"E Length: 21.53' North: 178212.8424' East: 1311361.6785' Segment #5 : Line Course: S89°35'49"E Length: 44.19' North: 178212.5315' East: 1311405.8674' Segment #6 : Line Course: S00°24'11"W Length: 47.10' North: 178165,4327' East: 1311405.5360' Perimeter: 320.15' Area: 6048 Sq. Ft. Error Closure: 0.0022 Course: N57°41'25"W Error North: 0.00118 East: -0.00187 Precision 1: 145522.73 .••.•.............«........««.«..«..«rt.««.«..f:...................... Name: TRACT A North: 178281.5686' East: 1311672.5240' Segment #1 : Line Course: NO3°45'26"E Length: 21.48' North: 178303.0024' East: 1311673.9315' Segment #2 : Line Course: S88°29'01 "E Length: 204.38' North: 178297.5939' East: 1311878.2399' Segment #3 : Line Course: S00°33'31'W Length: 140.02' North: 178157.5806' East: 1311876.8748' Segment #4 : Line Course: S88°29'01 "E Length: 140.02' North: 178153.8753' East: 1312016.8458' Segment #5 : Line Course: S00°33'31 "W Length: 497.03' North: 177656.8689' East: 1312012.0000' Segment #6 : Line Course: N88°21'16'W Length: 161.24' North: 177661.4991' East: 1311850.8265' Segment #7 : Line Course: N25'38'08"E Length: 83.89' North: 177737.1313' East: 1311887.1211' Segment #8 : Curve Length: 18.36' Radius: 80.00' Delta: 013°09'04" Tangent: 9.22' Chord: 18.32' Course: N32°12'40"E Course In: S64°21'52"E Course Out: N51°1248'W RP North: 177702.5197' East: 1311959.2463' End North: 177752.6335' East: 1311896.8876' Segment #9 : Line Course: N37°36'31"E Length: 19.46' North: 177768,0497' East: 1311908.7633' Segment #10 : Curve Length: 72.48' Radius: 52.00' Delta: 079°51'44" Tangent: 43.53' Chord: 66.75' Course: NO2'25'11"W Course In: N52°29'19'W Course Out: N47°38'57'E RP North: 177799.7135' East: 1311867.5152' End North: 177834.7442' East: 1311905.9450' Segment #11 : Line Course: N40°29'25"W Length: 114.56' North: 177921.8690' East: 1311831.5590' Segment #12 : Curve Length: 37.19' Radius: 43.50' Delta: 048°58'44" Tangent: 19.81' Chord: 36.06' Course: N64°58'47'W Course In: S49°30'35W Course Out: N00°31'50"E RP North: 177893.6236' East: 1311798.4765' End North: 177937.1217' East 1311798.8793' Segment #13 : Line Course: N89°28'10"W Length: 14.35' North: 177937.2546' East: 1311784.5300' Segment #14 : Line Course: N00`31'50'E Length: 33.55' North: 177970.8032' East: 1311784.8406' Segment #15 : Line Course: S89°28'10"E Length: 9.73' North: 177970.7131' East: 1311794.5702' Segment #16 : Line Course: N40"00'55"W Length: 14.20' North: 177981.5885' East: 1311785.4397' Segment #17 : Line Course: N37°48'53'W Length: 24.39' North: 178000.8565' East: 1311770.4860' Segment #18 : Line Course: N39°45'32"W Length: 42.80' North: 178033.7587' East: 1311743.1129' Segment #19 : Line Course: N37°21'00"W Length: 36.45' North: 178062.7344' East: 1311720.9993' Segment #20 : Line Course: N37*20'30"W Length: 46.66' North: 178099.8306' East: 1311692.6969' Segment #21 : Line Course: N18°33'51'VV Length: 69.20' North: 178165.4300' East: 1311670.6659' Segment #22 : Line Course: N00°24'11 "E Length: 59.17' North: 178224.5985' East: 1311671.0822' Segment #23 : Line Course: N00°58'39"E Length: 31.87' North: 178256.4639' East: 1311671.6259' Segment #24 : Line Course: NO2°04'03"E Length: 25.12' North: 178281.5675' East: 1311672.5321' Perimeter: 1917.60' Area: 128310 Sq. Ft. Error Closure: 0,0082 Course: S82°38'45"E Error North: -0.00105 East: 0.00817 Precision 1:233853.66 *#*#ta#aaaa#*aaaaa###ka#*a#as#*a###i###k##k*i###k##k**k*#**# i*xa Name: TRACT B North: 177921.8644' East: 1311478.0937' Segment #1 : Line Course: S40°29'25"E Length: 114.56' North: 177834.7397' East: 1311552.4796' Segment #2 : Curve Length: 72.48' Radius: 52.00' Delta: 079°51'44" Tangent: 43.53' Chord: 66.75' Course: S02°25'11"E Course In: S47°38'57'W Course Out: S52°29'19'E RP North: 177799.7089' East: 1311514.0499' End North: 177768.0451' East: 1311555.2980' Segment #8 : Line Course: S37°36'31"W Length: 19.46' North: 177752.6290' East: 1311543.4222' Segment #4 : Curve Length: 18.36' Radius: 80.00' Delta: 013°09'04" Tangent: 9.22' Chord: 18.32' Course: S32'12'40"W Course In: S51°12'48"E Course Out: N64°21'52"W RP North: 177702.5152' East: 1311605.7809' End North: 177737.1268' East: 1311533.6558' Segment #5 : Line Course: S25°38'08"W Length: 83.89' North: 177661.4946' East: 1311497.3612' Segment #6 : Line Course: N88°21'16"W Length: 130.06' North: 177665.2294' East: 1311367.3548' Segment #7 : Line Course: N00'32'51"E Length: 222.73' North: 177887.9493' East: 1311369.4831' Segment #8 : Line Course: N00°31'23"E Length: 54.82' North: 177942.7670' East: 1311369.9836' Segment #9 : Curve Length: 17.88' Radius: 25.00' Delta: 040°58'56" Tangent: 9.34' Chord: 17.50' Course: S19°57'38"E Course In: S49°32'54"W Course Out: S89'28'10"E RP North: 177926.5468' East: 1311350.9597' End North: 177926.3153' East: 1311375.9586' Segment #10 : Line Course: S00°31'50"W Length: 13.00' North: 177913.3159' East: 1311375.8383' Segment 411 : Line Course: S89°28'10"E Length: 20.00' North: 177913.1307' East: 1311395.8374' Segment #12 : Line Course: N00°31'50"E Length: 13.00' North: 177926.1301' East: 1311395.9578' Segment #13 : Curve Length: 39.27' Radius: 25.00' Delta: 090°0900" Tangent: 25.00' Chord: 35.36' Course: N45°31'50"E Course In: S89°28'10"E Course Out: N00°31'50"E RP North: 177925.8986' East: 1311420.9567' End North: 177950.8976' East: 1311421.1882' Segment #14 : Line Course: S89°28'10"E Length: 10.00' North: 177950.8050' East: 1311431.1878' Segment #15 : Line Course: S00°31'50'W Length: 13.55' North: 177937.2555' East: 1311431.0623' Segment #16 : Line Course: S89°28'10"E Length: 14.35' North: 177937.1227' East: 1311445.4117' Segment #17 : Curve Length: 37.19' Radius: 43.50' Delta: 048'58'44" Tangent: 19.81' Chord: 36.06' Course: S64°58'47"E Course In: S00°31'50"W Course Out: N49°30'35"E RP North: 177893.6245' East: 1311445.0089' End North: 177921.8699' East: 1311478.0914' Perimeter: 894.59' Area: 43355 Sq. Ft. Error Closure: 0.0059 Course: N22°44'59'W Error North: 0.00548 East: -0.00230 Precision 1: 151627.12 Name: TRACT C North: 177881.4296' East: 1311533.1156' Segment #1 : Line Course: N00°31'50"E Length: 20.00' North: 177901.4287' East: 1311533.3008' Segment #2 : Line Course: S89°28'10"E Length: 280.05' North: 177898.8355' East: 1311813.3388' Segment #3 : Line Course: S00*31'50'W Length: 20.00' North: 177878.8363' East: 1311813.1536' Segment #4 : Line Course: N89°28'10'W Length: 10.00' North: 177878.9289' East: 1311803.1541' Segment #5 : Curve Length: 39.27' Radius: 25.00' Delta: 090°00'DO" Tangent: 25.00' Chord: 35.36' Course: S45°31'50"W Course In: S00°31'50'W Course Out: N89*28'10"W RP North: 177853.9300' East: 1311802.9226' End North: 177854.1615' East; 1311777.9236' Segment #6 : Line Course: SOO°31'50"W Length: 13.00' North: 177841.1621' East: 1311777.8033' Segment #7 : Line Course: N89°28'10"W Length: 20.00' North: 177841.3473' East: 1311757.8041' Segment #8 : Line Course: N00°31'50"E Length: 13.00' North: 177854.3467' East: 1311757.9245' Segment #9 : Curve Length: 39.27' Radius: 25.00' Deita:090°00'00" Tangent: 25.00' Chord: 35.36' Course: N44°28'10"W Course In: N89°28'10"W Course Out: NDO°31'50"E RP North: 177854.5782' East: 1311732.9256' End North: 177879.5771' East: 1311733.1571' Segment #10 : Line Course: N89*28'10"W Length: 200.05' North: 177881.4296' East; 1311533.1156' Perimeter: 654.64' Area: 6629 Sq. Ft. Error Closure: 0.0000 Course: SOO°00'00"E Error North; -0.00000 East: 0.00000 Precision 1:654640000.00 }...........}.........*+.............*}*........*.}..}.......+}++}}+ Name: TRACT D North: 177782.0647' East: 1310782.8548' Segment #1 : Line Course: N01 °38'44"E Length: 20.00' North: 177802.0584' East: 1310783.4291' Segment #2 : Line Course: S88°2116"E Length: 54.20' North: 177800.5000' East: 1310837.6067' Segment #3 : Line Course: N59°16'58"E Length: 24.63' North: 177813.0810' East: 1310858.7811' Segment #4 : Curve Length: 20.44' Radius: 81.50' Della: 014°22'12" Tangent: 10.27' Chord: 20.39' Course: S41 °53'54"E Course In: N55°17'12"E Course Out: S40°55'DO'W RP North: 177859.4929' East: 1310925.7751' End North: 177797.9064' East: 1310872.3958' Segment #5 : Line Course: S59°16'58"W Length: 34.39' North: 177780.3399' East: 1310842.8307' Segment #6 : Line Course: N88'21'16"W Length: 60.00' North: 177782.0629' East: 1310782.8555' Perimeter: 213.65' Area: 1723 Sq. Ft. Error Closure: 0.0019 Course: S21 °44'16"E Error North: -0.00177 East: 0.00071 Precision 1: 112452.63 Name: TRACT E North: 177684.5466' East: 1310521.8739' Segment #1 : Line Course: NOO°31'30"E Length: 634.89' North: 178319.4100' East: 1310527.6913' Segment #2 : Line Course: S88°29'01 "E Length: 25.00' North: 178318.7484' East: 1310552.6825' Segment #3 : Line Course: S00'31'30"W Length: 634.94' North: 177683.8351' East: 1310546.8647' Segment #4 : Line Course: N88°21'16'W Length: 25.00' North: 177684.5530' East: 1310521.8750' Perimeter: 1319.84' Area: 15873 Sq. Ft. Error Closure: 0.0064 Course: N09°48'52"E Error North: 0.00634 East: 0. 00 110 Precision 1:206223.44 ##*######a##a*asa#ak#a*##a#a#3*a#a**a**k#**#k*k*****x******R**a**Rk* I► -- It'�'�r�rcilutt■i North: 178212.8458' East: 1311273.3452' Segment #1 : Line Course: S67°1717'W Length: 21,53' North: 178204.5331' East: 1311253.4847' Segment #2 : Line Course: N44°28'10"W Length: 28.60' North: 178224.9428' East: 1311233.4496' Segment #3 : Line Course: N89'28'10"W Length: 79.77' North: 178225.6815' East: 1311153.6830' Segment #4 : Line Course: N00°31'50"E Length: 20.00' North: 178245.6806' East: 1311153.8682' Segment #5 : Line Course: S89°28'10"E length: 88.06' North: 178244,8652' East: 1311241.9244' Segment #6 : Line Course: S44°28'10"E Length: 44.87' North: 178212.8449' East: 1311273.3572' Perimeter: 282.84' Area: 2413 Sq. Ft. Error Closure: Q0120 Course: 585°1T15"E Error North: -0.00098 East: 0.01193 Precision 1:23569.17 WASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS 3601943-1723 FAX 360/943-4128 January 15, 2016 Levi Rowse Land Development Manager Quadrant Homes 14725 SE 36th St., Suite 200 Bellevue, WA 98006 RE: Copperwood - Tree Protection Area Inspection after Final Grading Dear Mr. Rowse: W F C I 1919 Yelm Hwy SE, Suite C Olympia, WA 98501 RECEIVED Ci-iy ,r iz4:�;�,T01,r We have inspected the tree protection areas on the Copperwood project. The purpose was to make sure that the final grading did not negatively impact any of the save trees. Additionally, we noted if any trees marked for removal were still standing. Findings and Recommendations As you mentioned in your email, tree numbers 29, 41, and 81 are still remaining. Tree #41 is Douglas -fir (Pseudotsuga menziesii) that was marked for removal during our inspection in May 2015 due to the presence of brown cubical root rot (Phaeolus schweinitzii). This tree is still considered hazardous, and should be removed. The tree that was suggested as a replacement, #66, appears to be in fair condition. Tree #81 is a bitter cherry (Prunus emarginata) that was also marked for removal last May. It is now behind the newly -built fence and should be removed. The vine maple (Acer circinatum) next to it, that was suggested to be used as a replacement for removing #81, has been removed and is no longer an option for replacement. Tree #29, a bigleaf maple (Acer macrophyllum), was listed tree in our original tree protection plan as a 'fair' condition tree, but marked for removal due to its proximity to the back edge of the lot. Our latest inspection did not reveal any adverse affects of the grading work, and this tree is expected to survive. It would be a good candidate for the replacement of#81, in terms of leave tree requirements. Finally, tree #64, a non-significant deciduous tree with multiple stems and covered in English ivy (Hedera helix) is in poor health, leaning toward Lot 9, and should be removed. It had previously been painted with orange paint to prompt removal, but has yet to be removed. URBAN/RURAL FORESTRY • TREE APPRAISAL « HAZARD TREE ANALYSIS RIGHT-OF-WAYS • VEGETATION MANAGEMENT • ENVIRONMENTAL STUDIES • CONTRACT FORESTERS Member of international Society of Arboriculture and Society of American Foresters Copperwood - Leav_ __ee Area Tree Evaluation. Conclusion No 'save' trees have been negatively affected by the grading phase of the project. Tree #41, a Douglas -fir hazard tree marked for removal last May should be removed immediately. Tree's #81 and #64 remain, but should be removed.. Refer to previously provided tree plans for locations of these trees. Please let us know if you have further questions, or if we can be of further assistance. Respectfully submitted, Washington Forestry Consultants, Inc. Galen M. Wright, ACF, ASCA ISA Bd. Certified Master Arborist PN-129BU Certified Forester No. 44 ISA Tree Risk Assessor Qualified Ben MacColl, ISA, SAF ISA Certified Arborist® - No. PN -7972A Professional Forester Washington Forestry Consultants, Inc. 2 Copperwood - Leav_ __cc Area Tree Evaluation Attachment #l. Assumptions and Limiting Conditions. 1) Any legal description provided to the Washington Forestry Consultants, Inc. is assumed to be correct. Any titles and ownership's to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2) It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, unless otherwise stated. 3) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, Washington Forestry Consultants, Inc. can neither guarantee nor be responsible for the accuracy of information. 4) Washington Forestry Consultants, Inc. shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5) Loss or alteration of any part of this report invalidated the entire report. 6) Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. 7) Neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. -- particularly as to value conclusions, identity of Washington Forestry Consultants, Inc., or any reference to any professional society or to any initialed designation conferred upon Washington Forestry Consultants, Inc. as stated in its qualifications. 8) This report and any values expressed herein represent the opinion of Washington Forestry Consultants, Inc., and the fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence neither of a subsequent event, nor upon any finding in to reported. 9) Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 10) Unless expressed otherwise: i) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree or other plant or property in question may not arise in the future. Note: Even healthy trees can fail under normal or storm conditions. The only way to eliminate all risk is to remove all trees within reach of all targets. Annual monitoring by an ISA Certified Arborist or Certified Forester will reduce thepotential of tree failures. It is impossible to predict with certainty that a tree will stand or fail, or the timing of the failure. It is considered an `Act of God' when a free fails, unless it is directly felled or pushed over by man's actions. Washington Forestry Consultants, Inc. JAN 13 20161 IvIsio Of izoe, *tate 42� Secretar v 1, KIM WYMAN, Secretary of titan: of the State of Washington and cu.stod.lan of.'Its seal. herebv issue this CERTIFICATE OF INCORPORATION to COPPERWOOD HOMEOWNERS ASSOCIATION a/an WA Non -Profit Corporan-on. Charter documents are effective on the date indicated below. j Date: 3/11/2014 LIB] Numbcr- 603-384-316 Daw Issued: 3/13;'2(.)14 - -- ------- - - ---- - - ----- RECEIPT EGO0047948OWWWW-7ry OF ------���Renton %J 1055.S Grady Way, Renton, WA 98057 Transaction Date., January 13, 2016 BILLING CONTACT Levi Rowse Quadrant Corp 14725 SE 36th Ave , 100 Bellevue, WA 98006 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA16-000020 PLAN - Final Plat Fee Technology Fee Fee Payment Fee Payment Check #87527 Check 487527 $1,500.00 $45.00 SUB TOTAL S1,545.00 TOTAL $1,545.00 40n 01"%, Fi P1 + C Printed On: January 13, 2016 Prepared By. Jan Illian Page 1 of 1