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Report 1
ASPENWOODS A PORTION OF THE BE 114 OF T}E 8W 114 OF THE HIE 114 , SE=ON 10, TWP. 23 N., ROE. 5 E, WM N O GR CHIC SCALE 1 INCH .p FI. I E['M 0 SET STAIOARO KW OOUKTE MONUMENT 5/C MAR ANG CAP MARHED 13t 4 SET AT ALL LOT OOIOIERS EtURMy �1s37� �iTF:l�f'SI'� ®® VX 41 ©�MIER m-I s rM ®mar m �a �Em�_� �mmup ,Cl�'�1111111OW-y-aGFi wim�TaZF9'i �IBM= ongwa RI mommillillmlso� s Sif iAAI<l �..T.] LSSL7 i CITY OF RENTON FILE. jf OP THE 5 1/2, 5W 114. NE 1/4 8' E 481,99' soar 6 t 5 p 10' WATER EASEI -T !1�706 SQ.Ff a.4e1 SUET. a Y2n U 6.79S SOF7 rlj"' � m � nn J I I � 8.066 SO.IT. I �4` ti3,5T 5387a'4p•E I I\ NE 8TH CT 10 'z t 6 b'! slal 6.?2e sq,>T. I ge.�j. Y� C 121.0 I �' S16e20.02'E 11 �� 5.847 SOFT. EAsnEwT z 46 � 10• VTWTY LTVP) M 11jy{ I' 13 s50'2O'02'E 12 ]AS6SMEUNT �T1'P} I I B.7'7F r2P7. ; 5 GRADIKC AHD 00.07 i I 1 H3.SY V ; SLOPE EAZ]IENT i # REG NO 2005082001576 S0e2702'E ; I SSfi'20'O2-E m i Q p L. 0 rr $ 29 ae7s snFT. I � � N � �k w i 5,773 SO.Fr, vaoo• f1 I yw ,�`�`�. t5 ses�0'as^iE cRAwNc ANo f'i''� q 4> Li l 'Y z � 1 q 4 I SLOPE EASEMENT AEC. N0.20058e2TCG757B i r Li 9 �` 6,677I BG.Ff. EASEMENT i G zi �' �" F J STORM DRAINAGE Q NE 8TH PL seeZ�02E s F ' .,a� ��4 ° A �oT r 0 _. S.tlC76'02` E --------- - S5S}7`49"Edr� - -- ?� ---- ti4, DQ�E __—____ �.—M DRANAGE ll1 I 1 i Tkl r CAWMENT RM N0. 20 31 p21 2f 6,Oe6 SOFT. I ; i OI I # { TRACT A Q�l ,ease sari. ,o 'I o" -' 18L �uP ; R 'i "SE SBs114.71'15 . FT. , 0671 � �i ^ I .�:k 2SW �fj1 1 ., i 1 3 _ � 16 s�MWIVE !,w 907r. 8 xv ftA11' 5 88'2G 02' E ` 331,78' E-W CE7+lF.R1.iF1E SECTiQN 10 ,m Lt NE 6TH sT TEMPORARY TURN AROUND EASETMEN! IT SHALL BE THE WSPONSIBUTY OF 711E OMN S) OF :AT 17 70 MAMIMN THE TEIA'W+MY Y11RH AROUND ON THAT LOT WIE1I ILMACO AVENUE IS MENDED SOUTHERLY MOM THERSE 04TEMM METH HE STH STREEr. THEN 7HE TEMPORARY TURN AROUND EASEMENT SHALL AUTDVATICALLY EXV4061511 7T10ETHER WrH ANY MAwTEHANOE REW0146LITK REMOVAL OF ANY 11"OW2011S ASSMATED WTH THIS TFLPORARY TURN ARM SHALL BE THE RESPmseLITY OF THE OMR'ERM OF SND LOT T7, !FA%-w-j Consultrng Engtneers Inc. E NCIM 1lS • rLAhN EIS • SURYMM !B. (40 80,3M ft t" @U-&W JOB NO 04-165 sHEu 4 OF 4 ASPENWOODS A PORTION OF TFE SE 1/4 OF THE SW 1/4 OF THE NE 1/4, SECTM 10, TWP. 23 N., RM 5 E., W.M. CRY OF RENTON, KM COUNTY, WASHNGTON N. LINE CF THE 5 1/2, SW IA NE 1/4 _- — 5 99'78'OH" E 481.89' rvG O f m t: l A L -74.43' N2i•27�a'� ti 74.45' 2aduY :i^20'O2� 5 �I x 11• Fi :A$[LE71T 37 36 9 91,35 a830 SCLFI. 4.732 9QFT. 4,762 SOFT. SEE OE7NL 15' unl1TY :`.BELOM' EAM"T nP = -- ----- ------------ 9�0'O2'f 7 a I W LU ---- -- L _ w _ NE 8TH PL a, C24 y R 159.74' SSC'2d02'E __________ ------ ______ -W WAIER EASEMENT 9YF, n Jv 41 n p 42 $ *� 43 44 t 45 8 s.34o 9a.fr.' s s.4 sus1. as4+ Barr. a3os 9 as 50.52' 30.02' S0.Ox EOO2' S0.02' SE6ZQ'a2'f 58620'O2'E SBS'25'a2"f S55.2O'O2'E SS@70'02 34 5,3" sO.fT. ^ 33 &b s,34S SQ.FT. g 32 5.345 9GLFr. $ 31 5,345 S4.rT. 30 Y,30 Sq. 5' WATER EASEMENT (TYP) '`� F _/ CETAIt_ OF SIGM ANO SIGN ACCESS EASEMENT LAT 37 54OW (SWNAR FOR LLr 39) ��� E-W CENTERLINE SECTION 10 e t2ewlt' y z55 as N I GRAPHIC b� � 1 EGEmn m 11SET6AEST NAKM D RM S/e' AnAR AN5 CAP JAAAKE6 '13343' SET AT ALL LOT CORNERS _® ®iM r L^I MMMMM�MENE J ©' MENEM M. MENEM Li EMEND wM■e9C� EMEND EMEND a EMINEW��1 .mar MwM EM103D -yzp MMM�vnffimj A MEMO] NE=01nowwrla IMMILM300=> MOMM- s7 9 IMEMKININCM CITY OF RENTON FILE WJMM tenon Englnsers mn. PwRat" - � - wRrnau wet Ye �r.Aa4 � is wuc� � �ww w Page 'r JOB NO W-166 SLE I SHEET 1 OF 1 ASPENWOODS A PORTION OF THE SE 1/4 OF THE SW 114 OF THE NE 1/4 , SECTION 10, TWP. 23 N., RGE. 5 E, Wm CITY OF RENTON, KING CORIUM WASHIINGTON KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SURUEWDm, HEREBY OEQAfEE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SURDIVOOI MADE HEREBY, ANC*Do HEREBY DEDICATE TO THE USE OF THE PUBUC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON ANO IpATE THE USE THEREOF FOR ALL DEOPUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBUC HOHWAY PURPOSES AND ALSO THE RIGHT TO MAKE AIL NECESSARY SLOPES FOR CUTS 40 FILLS UPON THE LOTS SHIM HEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AN0 AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON TFBS PLAT FOR ALL PUBUC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTNTIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TD A PERSON OR ENTITY OTHER THAN THE PUBLIC. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HERESY C-RnFY THAT WL HAVE ESTABUSHEB A HOMEOWNERS ASSOCIATION TO BE KNOW AS '.ASPENWDCDS NW HOMEOWNERS ASSOCATON' W ACCORDANCE YATH WASHIINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HCMECAYER'S ASSOCIATIDN RECORDED UNDER KING COUNTY RECORDING MO. UPON THE RECORDING OF THIS PLAT, TRACT 'A' IS HEREBY GRANTED AND CONVEYED TO THE ASPENWUODS NW H0,AEOl1NERS ASSOCIATION (HOA) FOR A RETENTION / DETENTION AREA ALL NECESSARY MAINTENANCE Ac-n AEEs FOR SA19 ,AC- WILL BE THE RE SNLTY OF THE MCA. IN THE EVEMT YMAT THE HOA 1S LKSSOLVED OR OTHERWISE FAILS 10 VEER :TS PROPERTY TAX OBLIGATIONS, AS EMDENCFD BY NOR PAYMENY OF PROPERTY TAXES FOR A PERM OF EIGH-EN (TB) MONTHS, THEN EACH LOT IN THM PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN �, E TRACT PREVIOUSLY OWNED BY TIE HDA AND HAVE THE ATTENDANT FINANCIAL AND MAINTEHANCE RESIGN SIBIUTTCS M: HARBOUR HOMES. INC. TIRE _ TS: U.S. BANK N.A. TliLE STATE OF WASHNGTON ) SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THA JS TE PERSON WAIO APPEARED BEFCRE ME AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT. ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED 1T AS THE OF HARBCURHOMES,NG. TO BE THE FREE AND VOLUNTARY ACT CIF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE OF NOTARY PRINTED NAME_ TITLE RESIDING AT MY APPOINTMENT EANIS STATE OF WASHINGTON ) } SS COUNTY OF } I CERTIFY THAT I KNCW OR HAVE SATISFACTORY EVIDENCE THAT 5 THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT ME SIGNED THIS INSTRUMENT, ONI OATH STATELY THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACIMOYA.EDGED 3T AS THE OF U.S. MW TWA TO BE THE FREE AND YIOLuWARY ACT CF SJ� PARTY FOR THE USES AND PURPOSES MENTOMED IN THE INSTRUMETN7. SIGNATURE OF NOTARY FUSE PRINTED NAME_____.__ TITLE RESIDING AT MY APPOINTMENT EXPIRES EASEMENT PROMQNS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUMD ENERGY COMPANY, U.S. WEST COMMUMCATIONS. GROUP W CABLE TELEVISION OR ANY OTHER TELECOMMUNICATIONS OR CABLE PROVICER AFRO ❑TY OF RENTON (S WFR, WA77R AND SIDEWALK). AND THEIR RESPECTIVE SUCCESSORS AND A590HIS, UNDER AND LPCM THE EXTERIOR TEN FEE' PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF AEL LOTS IN WHICH TO INSTALL, LAY, CONSIRUGT, RENEW, OPERATE ANO MAINTAIN SIDEWWLK AND UNDERGROUND CONQUi TS, MAINS, CABEFS AND WIR&5 TNT NECESSARY FAULTIES AND O'HER EOUN HENT FOR THE PURPOSE OF $ERNNG THIS SUBDIVISION AND OTHER PROPERTY µLTA ELECTRIC, TELEPHONE rA5 AND UTILITY SERVICES, TOGETHER YOUTH THE RIGHT TO ENTER UPON ME LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL HE SSB,ECT TO AN EASEMENT ZS FEET IN WIDTH, PARALLEL WITH AND ADJACENT TO ALL INTERIOR LOT LINES FOR THE PURPOSES OF UTILITIES AMID DRANAGE. THESE EASEMENTS ENTERED UPON FOR THOSE PURPOSES SHA1 BE RESTORER AS HEAR AS POSSIBLE TO THEIR ORIGINAL CONOITICN. NO LINES OR NAPES FOR THE TRANSMISSION GF ELECTRIC OR FOR TELEPHONE V5F, OR FOR CABLE TELEVISION. FIRE OR PDLI CE SIGNALS, OR OTHER PURPOSES, SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT OUTSIDE THE BUILDING THEREON UNLESS THE SAME S44U BE UNDERGROUND OR IN CONDUIT TO THE BUILDING. !ME ORANAGE FACILITIES LOCATED WITHIN ME PRIVATE EASEMENTS SHOWN ON THE PLAT SHALL BE OANED. OPLPA'LC. AND MAINTAINED BY THE OWNERS OF EACH LOT. THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER $!LID ENS0ENTS 70 REPAIR ANY DEFILIETRCIES OF ME DRAINAGE PAaLjTY IN THE EVENT THE OWNER(S) iS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRANAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST, ACCESS EASEMENT 'A' SHAH BE FOR THE JOINT AND EXCLUSIVE USE OF THE OWNERS DF LOTS 7. 8, AND 9 AND IS I THE PLBPOSE OF INGRESS. EGRESS, AND UTILITIES OVER, UNDER AMC ACROSS SAID EASEMENT AS SHOWN ON SMILE-' 4 OF A. ONLY ONE CURB CUT FOR DRIVEWAY PURPOSES SHALL BE PERMITTED ALONG THE STREET FRONTAGE OF LOT 7 AND IT SHAD BE LOCATED ONLY IN THE EASEMENT ARFA. TE OMER$ OF LOTS 7, 5, AND 9 SHALL SHARE EQUALLY IN THE MAINTENANCE OF SAD EASEMENT. PS,CJECT DATA TOTAL AREA, 8.15 ACRES PROPOSED NUMBER CIF LOTS 4F1 ZONING RB PROPOSED LOT AREA 6047 SG.FT {AVERAGE) LAND IN SENSIi1VE AREAS NONE LAND IN STREETS 75,004 SF. (1.12 MIRES) LANC IN PRIVATE ACCESS EASEMENTS 1.907 S0. FT. DENSITY PROPOSED / PERMITTED 72 D-U./AC. / 8 D.U./AC. RE5TRICTIONs 1) NO LOT OR PORTION OF A L07 IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESCUE) OR OWNERSHIP CHANCED OR TRANSFERRED WHEREBY THE OwNER3HIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REOURED FOR THE USE DISTRICT IN WHICH LOCATED 21 THE MAXNIUM IMPERVIOUS SURFACE AREA ON ANY LOT SHALL NOT EXCEED 2900 5011ARE FEE;_ 3) IT SHALL RE TF RESPONSIBILITY OF THE OANER(S) OF LOT 17 TO MAINTAIN THE TEMPORARY TURN AROUND ON THAT LOT. WHEN ILWACO AVENUE 15 EXTENDED SOUTHERLY FROM THE INTERSECTION WITH NE 61H STREET, THEN THE TEMPORARY TURN AROUND EASEMENT SHALL AUTOMATICALLY EXTINGUISH TOGETHER WITH ANY MAINTENANCE RESPONSIOLTY R;EMCVAL OF ANY IMPROVEMENTS ASSDOATED WITH TH'S TEMPORARY TURN AROUND SHALL BE THE RESPONSERUTY OF THE OWNERS) OF SAID LOT 17. 4) NO BUILDING PERMIT MALL SE ISSUED FOR LOT 17 UNTIL SUCH TIME AS ILWA00 LOT HE IS EXTENDED SOUTHERLY OF NE BTH STREET. 5) NO DIRECT ACCESS FROM ANY LOT WITHIN TES PLAT SHALL BE ALLOWED ON TO HDQUTAM AVENUE NE OTY OF RENMN PLANNING / AL1IU)ING f VUBUCS WMM 006RWENT EXAMINED AND APPROVED THIS _ OAY OF 2006. ADMINISTRATOR CM OF ROMN COUKU EXAMINED AND APPROVED THIS DAY OF 2006. MAYOR £%AMINO] AND APPROVED THIS _ ITAY OF 2006 CITY CLERK. ATTEST I HEREBY CERTIFY THAT TFRE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND All- SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY. RERUN CONTAINED, DEDICATED AS STREETS. ALLEYS OR FOR OTHER PUBUC uSF, ARE PAID IN FULL EXAMINED AND APPROVED THIS _ DAY OF ZOOS 0:[Kh�1F�L ■ I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSMME,YTS CERTIFIED TEL THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL KSZSWM7S CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATELEYS D AS STREETS, ALOR FOR ANY OTHER PUBLIC USE. ARE PAID INFULL THIS — DAY OF 2006. MANAGER, FINANCE DIWSION DEPUTY DEPARTWNT_ OF ASSESSiL EN EXAMINED AND APPROVED THIS ---AAY OF JODG, FILED FOR RECORD AT THE REQUEST OF TFIE KING COUNTY COUNCIL THIS AY OF AT MINU7ES PAST_....._._..M. AND RECORDED IN V'OLUME__. OF PLATS, PAGE(S)__, RECORDS OF KING COUNTY, WASHING7014. DIVISION OF RECORDS AND ELECTIONS MANAGER . SUPERw7ENDENT DFRECORDS RECORDING NO.____ _ SURVEYOR'S CELIR71FICATE T HEREBY CERTIFY THAT THIS PLAT OF ASPENW'OOOS IS BASED UP'JN AN ACTUAL SURVEY AND SUSDUSON OF SECTION 10, TOWNSHIP 23 NORTH, RANDS 5 EAST. W.M.. AT TIE COURSES AND DISTANCES ARE SHOWN DORR ECTLY THEREON. THAT THE MONUMENTS NAL.L BE ANO TlL6'LITT AND OLOOK CORNERS HALL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION S OO TIED XNID7 7 T I HAVE FULLY COMPLIED WITH THE PROViSICNS LF ME PLATDNG REGULATIONS, ROBETRT 0. CAVNE55. PR'OFESStONAL LAND SURVEYCR. CERTIFICATE NO, 10343 CITY OF RENTON FILE ASPENWOODS A PORTION OF TIE SE 1/4 OF THE SW 1/4 OF 7 E NE 1/4, SECTION 10, TWP. 23 N_ RGE. 5 E, W.M. CIT1F OF RENTON, KING COUNTY, WASKMTON NORTHWEST CORNER sEcTION 10 FOUND PION. INCASE, 1' BRASS DISK NORTH QUARTER CORNER 3' BRASS DISK IN 4" 3 WICENTER PUNCH. LAST VISITED BY DRS CONCRETE POST. MOM. IS 0.2' ABOVE S 88'12'17" E 2644.83' (P844.82' HITCHINGS) 7h21043 * 3 SURFACE MARKED IGtS. T ?J 3 RS 0 �,y 6 NBT VI91ED, SEE RFFTTEENCD (HITCEiIND$) IO 11 o I d S BRiF6'10" a 1323.5s' � $ BgT4'70' E c�v Otf1.75' nc. �e FOUND CONCRETE MON. NOT ACCEPTED LAST VISITED %h2/104 NEST QUARTER CORNER SECTION 10 MON. IN CASE 3/4' BRASS 9 - 2611.39' DISK W/CTR PUNCH DOWN a.V HOT MSTTEO. SEE REFERENCE (HITCHINGS) I. ACTION BREAKDOWN SABO ON RECORD OF SURVEY BY SIEVEN A, HITCHING5, PAS DATED 5/5/98 AND RECORDED IN BOOK 121 OF SURVEYS PACE 278 UNDER .wD. FILE N0. 2806149004 RECORDS OF 1949 COUNTY, TWS BREAKDOWN WAS VERIFIED BY MEASUREMEMTS BETWEEN SELECTED MONUMENTS AND OTHER SURVEYS OF RECORD. L BASIS OF BEARINGS THE MONUME4ITED EAST LATE OF THE NE 1/4 OF SECTION 10-25-5. NORTH OD'Z4r EAST 3 07HER SURVEYS REFERENCED FOR THIS SUBOIVISIN BWNDARY ARE AS FOLLOWOT A. RECORD OF SURVEY BY BEH V. PETERSEN. PUS DATED MARCH 2O02 AND RECORDED UNDER AUDITORS FILE NO. 2D620513900001. B. RER'.ORD OF SLRNIEY BY THEODO� L SCFErtIDER, PLS IN MARCH 19B9 AND FILED IN 128 ON PACE 242 OF SURVEYS UNDER AUDITORS FILE NO. 9903308C'til. RECORDS OF KING COUNTY. C. RECORD OF SURVEY BY MDVM ,L GREEN, PLS DATED AUGUST 1024 AS RECORDED N ROOK 99 OF SURVEYS UNDER AUDITORS FILE NO. W05029M. RECORDS OF KING COUNTY. 0. SHORT PLAT BY'MWAM SHUPE HOLMBERG, PL3 AS RECORDED IN VOLUME ISO, PAGE MBA UNDER RM NO 2003a21990DOQA RECORDS OF KING COUNTY. E. BWNDAKY UNE AOJUVMENT BY WILUAY A. HICKOX. PUS SATED OCTOBER 1990 AND RECORDED IN BOOK 134 OF SURVEYS ON PAGC 249 UNDER AUD. FILE NO. 200MOS9000M RECORDS OF "RI COUNTY. 4. EQUHPIIEWR Sr TOTAL STATION USED (ALL PHAdS)). ALL EQUIPMENT MAINTAINED IN ADJUSTMENT TO MANUFACIIJRER SPEC*ICATIMS. S PRCCEDUFIES FLEW TRAVERSE METHOD MEETS OR ExCECD5 MNNUY REOINRELRFNTS N ACCORDANCE VATH *AC 332-130. CITY OF RENTON FILE 3.1 W I mnj �I 1 m�� 11P 46199.' d ._i o i 150.05' $ i s TF- m jjll 3D1,Is . 1324.7a' 200 0 200 49D BOO I��INFCH -A 4400 FT r r LEGEN FOUND SECTION CORNER AS ` NOTED Wnp� FOUND QUARTER CORNER AS NOTED a FOUND MONUMENT AS NDTEII R Seo'WN DJ4) 2548.40' (HITCHfNGS i ORS) DENIER O SECTION FOUND M0M N CASE rb� 3/4' BRASS EAST OUAfiTER CORNER FOUND MON INV> I DISK PUNCH MARK CASE 2" BRASS wK 1N =4cRiETE MITI' S PUNCH E OF TRUE CENTER hi(NOT ACCEPTED) LAST VISITED BY ORS W/CENTER FLINCH. GOWN 1.45 LAST VISITED .7 12/D4 BY DRS 7/12/114 rI n N x SOUTH TER CANNER SEC. 1a 3" BRAES DISK FLUSH " ROAD ` SURFACE YAAKED K.CSM. 14 S NOF MSfTEO, SEE #TQiE]ECE (H17MNOS) J 1 UM6L DESMP71ON PER FIRST AMERICAN TIRE COMPANY FILE NO. 4209-357938 / LOT B. KING COUNTY 3OUNCORY LINE ADJUSTMENT NO, L99L0= AS i RECORDED UNDER AUDITORS FILE NO, 2CD=069C1OM RECORDS OF KIND COUNTY AND TOTS 1 AND 2 OF SHORT PLAT NO. LMS007 AS RECORDED UNDER AUDITORS FILE NO. 20030219900003, RECORDS OF KING COUNTY, -} ALL IN THE STATE OF WASHINGTON. { 4y 5' f OWNER, WRVEYOR&NGINEER � r APPLICANT / OWNER ........._...... HARBDIIR HCMR, INC- .................33400 9TH AVE. S.. SUITE 305 ...,....,.....,,FEDERAL WAY, WA 95CO3 .._- ,......,(253) 938-5306 SURVEYOR / ENGINEER ..............D.R. SIRONG WNSULIING ENGINEERS. INC. IIICINI 1 k MAP .............105a4 NE SBTH PLACE. STE 101 .............KIRI(1 AND, WA. 98033 .............(425) R27-3003 1'-B00' u1 S ll X, nsulting E'grRONG neers Inc. DOME S • PUANNEM ' SURVEYWa 1000� 14 SON RUACE ouIT1E 10 WKA M, IR iiiieot0 ft (4W Fm (490j 047 00 JOB NO 04-166 SHEET 2 OF 4 After Recording Return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20061121000220 CITY OF KIRKLA COV 61.09 PAGE001 OF 030 11/21/2006 09:36 KING COUNTY, WA DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPENWOODS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPENWOODS THIS DECLARATION is made on the date set forth below by Harbour Homes, Inc. a Washington corporation ("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property legally described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every owner of all or any -portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Aspenwoods NW Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 `Board of Directors" or `Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 `Bylaws" shall refer to the Bylaws of the Aspenwoods NW Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Harbour Homes, Inc. and its successors -in -title and assigns, provided any such successor -in -title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (1) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the Community. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 3 I .l .11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. L 1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16. - Plat shall mean and refer to the approved lat of Aspenwoods contained therein recorded at Volume;3% , pages 6 ?f to q under King County recording number ,2aa411;tJ600;Z1 °j 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOT B, KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L99L0422 AS RECORDED UNDER AUDITORS FILE NO.20000106900008, RECORDS OF KING COUNTY. 4 AND LOTS 1 AND 2 OF SHORT PLAT NO. L99SO07 AS RECORDED UNDER AUDITORS FILE NO.20030219900003, RECORDS OF KING COUNTY, ALL IN THE STATE OF WASHINGTON. Upon recording of the Plat, the property shall be known as: lots 1 through 46, inclusive, and tract A of Aspenwoods, and the Common Areas shall be: Tract A is a retentionidetention area tract that is owned and maintained by the Association and is subject to an easement to the City of Renton for access. The Association is responsible for the maintenance of all private storm drain and detention facilities within Tract A. The Association is responsible for maintaining the easement and the facilities therein as described in the Drainage System Installation, Maintenance and Repair Easements and Related Covenants recorded at instrument number 20051010001070. ARTICLE 3 ASPENWOODS NW HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member 5 or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named John Merlino, whose address is 33400 9 h Avenue South, Suite 120, Federal Way, Washington 98003 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE 6 CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Svlaws Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, fumish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of B. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. if the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its Iien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 9 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. if an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Res onsibili . 5.1.1 The Association shall be responsible for maintaining, repairing and replacing: 10 5.1.1.2 The Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. 5.1.1.2 All stormwater drainage and detention facilities on Tract A as shown on the recorded plat. This includes any landscaping, access roads, fences, gates, retaining structures, drainage components, sprinklers, splash pads, and any other appurtenances within the storm detention tract. 5.1.1.3 The plat entry monuments and entry landscaping located in the easement areas on Lots 20, 37 and 38 and accompanying lighting and irrigation, if any. 5.1.1.4 Landscaping, irrigation, fencing and any other community improvements that have been or may be constructed in the future within a Common Area or other areas designated by the Board. 5.1.1.5 Any landscaping and irrigation systems, if any, located within the public rights of way located in the Community, except that which fronts or sides any individual lot. 5.1.1.6 The mailbox stands. 5.1.2 If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community - Wide Standard. 5.1.3 Pursuant to the Drainage System Installation, Maintenance and Repair Easements and Related Covenants recorded at instrument number 20051010001070 ("Easement Covenants"), the Association shall be responsible for the maintenance of the Conveyance Pipe and Drainage System as those terms are defined in the Easement Covenants. However, at all time the Owners shall remain jointly and severally liable to Wedgewood and to the City of Renton for the complete and timely performance of those operation, maintenance and repair obligations in the event that the Association fails to timely perform those obligations or the Association ceases to exist. The Association shall accept a conveyance of an open space and drainage tract at the recording of the Wedgewood plat in accordance with the terms of the Easement Covenants. The Board of Directors may sign any document required in connection with such conveyance of this area to the Association. In the event the City acquires the Conveyance Pipe and Drainage System then the Association's obligations with respect to the Conveyance Pipe and Drainage System shall terminate. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Access Easement A is an access easement for the benefit of Lots 7, 8 and 9. The easement shall be maintained by the Owners of Lots 7, 8 and 9 according to a separately recorded instrument. In the event Access Easement A is not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain the Access Easement at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damaste Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. 5.4.1 Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community -Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.4.2 Upon the recording of the plat(s) the Common Area Tracts will be granted and conveyed to the Association. Ownership and Maintenance of the Common Area shall be the responsibility of the Association. In the event the Association 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 Community shall assume and have an equal and undivided ownership interest in the Common Areas previously owned by the Association and shall have the attendant financial and maintenance responsibilities. W 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, casement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an casement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly 13 increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing -type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the 14 exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or a Residential Developer, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.3.9 The maximum impervious surface area per lot is 2900 square feet as required by the City of Renton. The final design of the storm pond on Tract A incorporates this standard of 2900 square feet per lot. 6.4 Existing Residence. Intentionally Omitted. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini -bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" sball refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 15 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non -passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Lcasin2. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of 16 annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or expioring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one meter or less. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re -channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their 17 respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage -Cans -,-Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided, combined or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re -plat or amend the boundary lines of any Lot or Lots owned by Declarant. Any such division, boundary line change, or re - platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' Iiability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse 19 Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. 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 insurance at least equals the full replacement cost. 7.I.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self -insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional 20 insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and -Destruction — Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 21 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction — Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 22 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. 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 Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity, mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot 23 Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or 24 r easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement across lots 37 and 38 for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street-scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. 25 ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the sto mwater drainage and detention facilities as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration maybe amended unilaterally at anytime and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial 26 determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.3.3 Notwithstanding the above, this Declaration shall not be amended to eliminate the Association's duty to maintain common areas without the prior written approval of the City of Renton. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 27 11.7 Captions, The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. if any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (2 1 ) years after the death of the last survivor of the now -living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director 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 such officer or director may be a party by reason of being or having been an officer or director. The officers and directors 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 by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 28 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (1) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided. in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 29 EXECUTED this (-�-iay of oc.ai L f , 2006. Harbour Homes, Inc. B�John MerlinA Its: ice President/General Manager State of Washington SS. County of King I certify that I know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President/General Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal 4r Stamp) 9ARBARAJ WAGNER-HEW," NOTARY PUBLIC STATE Of WASHINGTON COMMISSION EXPIRES nCTdBM 9, 2010 Dated: NrveM YeL- Notary Nblic in and for the State of Washington Residing at: GI arbor ) A Printed Name: bat0 � WGQ- lie(=Het-clnen My Appointment Expires i 2 010 30 Printed: 09- t 3-2006 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-025 09/13/2006 09:20 AM Total Payment: 76,400.00 Current Payment Made to the Following Items: Receipt Number: R0604577 Payee: HARBOUR HOMES INC Trans Account Code Description Amount 3021 303.000.00.345.85 Park Mitigation Fee 23,353.00 5045 304.000.00.345.85 Fire Mitigation-SFR 21,472.00 5050 305.000.00.344.85 'Traffic Mitigation Fee 31,575.00 Payments made for this receipt Trans Method Description Amount ------------ Payment -------- --------------------------- Check #23809 -------------__- 76,400.00 Account Balances Trans Account Code 3021 303.000.00.345.85 5006 000.345.81.00.0002 5007 000.345.81.00.0003 5008 000.345.81.00.0004 5009 000.345.81.00.0006 5010 000,345.81.00.0007 5011 000.345.81.00.0008 5012 000.345.81.00.0009 5013 000.345.81.00.0010 5014 000.345.81.00.0011 5015 000.345.81.00.0012 5016 000.345.81.00.0013 5017 000.345.81.00.0014 5018 000.345.81.00.0015 5019 000.345-81.00.0016 5020 000.345.81.00.0017 5021 000.345.81.00.0018 5022 000.345.81.00.0019 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5045 304.000.00.345.85 5050 305.000.00.344.85 5909 000.241.60.00.0024 5941 000.341.50,00.0000 5954 604.237.00.00.0000 5955 000.05.519.90.42.1 5998 000,231.70.00.0000 Description Balance Due Park Mitigation Fee .00 Annexation Fees .00 Appeals/Waivers .00 Binding Site/Short Plat .00 Conditional Use Fees .00 Environmental Review .00 Prelim/Tentative Plat .00 Final Plat .00 PUD .00 Grading & Filling Fees .00 Lot Line Adjustment .00 Mobile Home Parks .00 Rezone .00 Routine Vegetation Mgmt .00 Shoreline Subst Dev .00 Site Plan Approval .00 Temp Use or Fence Review .00 Variance Fees .00 Conditional Approval Fee .00 Comprehensive Plan Amend .00 Fire Mitigation-SFR .00 Traffic Mitigation Fee .00 Booklets/EIS/Copies .00 Maps ('taxable) .00 Special Deposits .00 Postage .00 Tax 00 ♦,�� 17 / + N Kathy Keolker, Mayor October 13, 2006 Jeff Earle Land Development Manager Harbour Homes, Inc. 33400 9th Avenue South, Suite 120 Federal Way, Washington 98003 Re: Aspenwoods Plat, LUA 06-025 FP 864 Hoquiam Avenue NE Renton, WA Dear Mr. Earle: CITX JF RENTON PlanningBuildinoublicWorks Department Gregg Zimmerman P.E., Administrator On October 13, 2006, the Development Services Director granted your request for the deferral of the installation of 17 streetlights within the plat until December 31, 2006. As a condition of these deferrals, a security device in the amount of $140,445.00, estimated to represent 150% of the cost of the deferred items, shall be in place with the City prior to recording of the short plat. In addition to the security deposit, this deferral has been approved with the condition that the lighting is installed and accepted by the City prior to any final building inspection. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. City of Renton Municipal Code Section 4-8-110 governs appeals to the Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Jan Illian, Engineering Specialist at (425) 430-7216. Sincerely, kmacarl Linda Moschetti Administrative Secretary 11 Planning/Building/Public Works LM:Ism cc: Gregg Zimmerman, Administrator, Planning/Building/Public Works Neil Watts, Director, Development Services Jennifer Henning, Current Planning Manager Jan Illian, Engineering Specialist Juliana Fries, Engineering Specialist 1055 South Grady Way - Renton, Washington 98055 This papercontains 50 5, re.cycled malenal, 30%post consumer RENTON AHEAD OF THE CURVE BUILDING PLANNING PUBLIC WORKS +) M E M O R A N D U M DATE: November 14, 2006 TO: Gregg Zimmerman FROM: Juliana Fries SUBJECT: Aspenwoods Final Plat — LUA06-025 The attached mylars are submitted for your review. Technical Services has reviewed and recommend approval of the plat. All requirements and construction (except items deferred by the Public Works Administrator) have met satisfaction. All fees have been paid. All documentation (Bill of Sale, Cost Data Inventory and Maintenance Bond) is in place. As -built mylars are in file. The yellow file is attached for your use_ If you have any questions please call me. Thanks Juliana iAhard worklaspen woods plakloseouNnemm ores .doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 5, 2006 TO: Bob Mac Onie Sonja Fesser. Technical Services FROM: Juliana Fries, X 7278 SUBJECT: ASPENWOODS - FINAL PLAT LUA 06-025 FP HOQUTAM AVE NE — south of NE 9k" Street FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: ` c� Name Title Date Approval: P.C� Name de Date wad '• Fa6va.t_ 15 5u>a's E�--7 io -p- �,-rT,a,c+-k�--ra MSX,r, , cc: Ycnow File I ♦' CITY OF RENTGN PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 30, 2006 TO: Juliana Fries FROM: Sonja J. Fesser SUBJECT: Aspenwoods, I.,UA--06-027-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Anplicant: Note the attachment for a needed correction in the "DEDICATION/CERTIFICATION" block (Sheet 1 of 4). The water line easement for the water purveyor (that is no longer required) has been removed from the plat drawing (Lot 9 on Sheet 4 of 4), but the bearings and distances for said easement are still presented. Note the recording number for the release of the covenant (regarding the Native Growth Retention Area) on Sheet 2 of 4. It is understood that the City of Renton Monument Cards will be submitted separately, prior to filing of the plat_ 1RTile,Sy,ALND- Und Subdivisim & Surveying RecurcMLND-10- P1nti\0424\RVW&24.doc Y ASPEN A PORTION OF THE SE 1/4 OF THE SW 1/4 OF CITY OF RENTON, Klh DEDICATION / CERTIFICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN HEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION TO BE KNOWN AS "ASPENWOODS NW HOMEOWNERS ASSOCIATION" IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS P T AS A MEMBER OF SAID HOMEOWNER'S AS OCIATIO FpAp PREeeR UPON THE RECORDING OF THIS PLAT, TRACT 'A' IS HEREBY GRANTED AND CONVEYED TO THE ASPENWOODS NW HOMEOWNERS ASSOCIATION (HOA) FOR A RETENTION / DETENTION AREA. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACT WILL BE THE RESPONSIBILITY OF THE HOA, IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS, AS EVIDENCED BY NON PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT 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. ITS: HARBOUR HOMES, INC. TITLE ITS: U.S. BANK N.A. -- - - - TITLE ACKNOWLEDGEMENT STATE OF WASHINGTON } SS COUNTY OF ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT_ - _IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE �`� s- O PLANNING/BUILDING/ += + PUBLIC WORKS DEPARTMENT X,rr0 M E M O R A N D U M DATE: September 12, 2006 TO: Julianna Fries FROM: Jennifer Henning (425) 430-7286 U l SUBJECT: Aspenwoods Final Plat (File No. LUA06-025, FP) I have reviewed the drawings submitted by D.R. Strong, received on August 25, 2006. All of my concerns and comments have been addressed. Thank you. hAivision.sldevelop.serldev&plan.ingljthltempIateslstandardmemo.doc ``tt 1 ri T + INA Kathy Keniker, Mayor August 22, 2006 Jeffrey R. Earle Harbour Homes, Inc. 33400 91h Ave South, Suite 120 Federal Way, WA 98003 CITY 3F RENTON PlanninouiidinWPublieWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: ASPEN WOODS POND FENCING MODIFICATION Dear Mr. Earle, In January you wrote to me requesting that you be allowed to utilize a section of fence around the storm pond that would allow views through the fence to the pond. Specifically, you requested that you be permitted to use green vinyl coated chain link fencing along the Ilwaco Ave NE section of the pond; approximately 130 feet in length, and of a height equivalent to the required cedar fence. Your request is approved subject to the installation of landscaping as depicted on Sheet L2 of the drawings submitted by The Jay Group, dated July 12, 2006. Sincerely, �1 , '�'J L Jennifer Toth Henning, AICP Current Planning Manager cc: lulianna Fries 1055 South Grady Way - Renton, Washington 98055 MThis racer mntnw,—i—iai aft%rxrtrnn-- RENTON AHEAD OF THE CURVE R E c E D CITY JF RENTON Office of the City Attorney Kathy Keolker, Mayor 8�111 ` 1 W Lawrence I Warren 1711 DI [41 ' • 10 11 liu ! TO: Juliana Fries, PBPW FROM: Lawrence J. Warren, City Attorney Senior Assistant City Attorneys Mark Barber Zanctla L. Fontes Assistant City Attorneys Ann S. Nielsen Garman Newsom 11 Sharon E. Arthur DATE: September 12, 2006 RE: Aspen Woods Final Plat, revisions to the Declaration of Covenants, Conditions and Restrictions The covenants are approved as to legal form. Lawrence . Warren LJW:ma Enc. CC' Kayren Kittrick Post Office Box 626 - Renton, Waslungton 95057 - (=425) 255-867S I FAX (425) 255-5474 This paperoontw)s 50'/, recy6ed material, 30 % post consumer RENTON AHEAD OF THE CURVE City 'ei.ton Department of Planning / Building / P Ab, s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: -t:�C�C COMMENTS DUE: APRIL 6, 2006 APPLICATION NO: LUA06-025, FP DATE CIRCULATED: MARCH 23, 2006 1 APPLICANT: Harbour Homes, Inc. PROJECT MANAGER: Julian fes PROJECT TITLE: Aspen Woods Final Plat PLAN REVIEW: Keri Weaver SITE AREA: 8.2 acres WWI %P BUILDING AREA (gross): LOCATION: 864 & 852 Ho uiam Avenue NE WORK ORDER NO: 77559 SUMMARY OF PROPOSAL: Final Plat of Aspen Woods with 46-single-family residential lots t.Ibe{alaiiasiddes�r+slalfatiom-of'=ltary sewer, water main, stormwater drainage, sidewalks, streetlights and paving. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants LandlShoreline Use Animals Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS x Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li hMare Recreation Utilities Transportation Public Services HistorirlCulfural Preservation Airport Environment 10, 000 Feet 14,000 Feet C. CODE-RELA TED C04I.MENTS J ,4I I hed 0V&1' J\ 0 V Aloe We have rewowed thi application w' particular attention to those areas in which we have expertise and have identifi areas of probable impact or areas where addition information is dad to properly assess this proposal. Signature of DirAct or Authorized Represefitative Date ♦First American M Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@flrstam.com To: Harbour Homes 1300 Dexter Avenue North, Suite 500 Seattle, WA 98109 Attn: Re: Property Address: , , WA First American Title Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Vicky L. Willis (253)671-5834 vlwillis@firstam.com File No.: 4268-675745 Your Ref No.: Aspenwoods Supplemental Report 4 to 3rd Dated: August 25, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 09/08/2005 at 7:30 a.m. except as noted below: Supplementals 1, 2 and 3 to the 3rd report Paragraph No(s). 5 has/have been amended to read as follows: 5. Easement, including terms and provisions contained therein: Recording Information: 3204311 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: electric transmission and/or distribution system The said easement was Partially reconveyed as to the South 30 feet of the the East 331.17 feet of the Southwest quarter of the Northeast quarter of said section by instrument recorded under recording no. 200608110000953. Paragraph No(s). 14, 15 and 16 has/have been amended to read as follows: AUG z � ZOQ6 Page 1 of 3 Date: August 25, 2006 File No.: 4268-675745 (SW) 14. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 1023059435 1st Half Amount Billed: $ 3,788.76 Amount Paid: $ 3,788.76 Amount Due: $ 0.00 Assessed Land Value: $ 631,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 3,788.76 Amount Paid: $ 0.00 Amount Due: $ 3,788.76 Assessed Land Value: $ 631,000.00 Assessed Improvement Value: $ 0.00 (as to Lot 1 of Parcel A) 15. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 1023059344 1st Half Amount Billed: $ 5,826.34 Amount Paid: $ 5,826.34 Amount Due: $ 0.00 Assessed Land Value: $ 657,000.00 Assessed Improvement Value: $ 313,000.00 2nd Half Amount Billed: $ 5,826.34 Amount Paid: $ 0.00 Amount Due. $ 5,826.34 Assessed Land Value: $ 657,000.00 Assessed Improvement Value: $ 313,000.00 (as to Lot 2 of Parcel A) Page 2 of 3 First American Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com Al nencan Titielnsurance company 3866 S 74th St Tacorna, WA 98349 Phn - (253)471-1234 Fax - Vicky L. Willis (253)671-5834 viwillis@firstam.com To: Harbour Homes File No,: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn: Supplemental Report #3 to 3rd Report Dated: June 28, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 09/08/2005 at 7:30 a.m. except as noted below: No change First American Title Insurance Company By Shari Workman, Title Officer Page 2 of 1 y a First American �a �r Developer Services Fax No, (253)671-5802 Shari Workman (253)671-58 24 sworkman@firstam.com fintAmericai7 Ttie 1"nsurance Company 3866 S ?Ltt St -Tacoma, WA 98409 Phn - (253)47i-Q34 Fax - Vicky L. Willis (253)671-5834 vlwillis@firstam.com To: Harbour Homes File No.: 4268-675745 1-300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 99109 Attn: Supplemental Report #2 to 3rd Report Dated: May 02, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The legal description of the herein described property has been amended to read as follows: Parcel A: Lots 1 and 2 of ling County Short Plat No. L99S0007, according to Short Plat recorded February 19, 2003 under Recording No. 20030219900003, in King County, Washington. Parcel B: Lot B of King County Boundary Line Adjustment No. L991-0022, according to Survey recorded January 6, 2000 under Recording No. 20000106900008, in King County, Washington. FirstAmerican Title Insurance Company By. Shari Workman, Ttle Officer Page 1 of 1 S ' � First Am cr ca. Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com I, American 7-We Insurance Company 366 S 74th St Tacoma WA 984C,9 Phn - (253)471-123e, Fax Vicky L. Willis (253)671-5834 vlwil[is@firstam.com To: Harbour Homes File No.: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn : Supplemental Report #1 to 3rd Report Dated: January 11,. 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our preliminary report since September 8, 2005 at 7:30a.m., except as noted below: The following paragraph no(s). 14-18 has/have been added to our Commitment/ Preliminary Report to read as follows: 14. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059435 Assessed Land Value: $ Assessed Improvement Value: $ Assessed Land Value: $ Assessed improvement Value: $ 1st Half 631,000.00 0.00 2nd Half 631,000.00 0.00 Page 1 of 2 Date: January 11, 2006 Filc Nc.: 4268-675745 (SW) 15. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th clay of February of said year. Tax Account No,: 1023059344 1st Half Assessed Land Value: $ 657,00C.00 Assessed Improvement Value. $ 313,000.00 2nd Half Assessed Land Value: $ 657,000.00 Assessed Improvement Value: $ 313,000.00 16, General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059058 1st Half Assessed Land Value: $ 165,000.00 Assessed Improvement Value: $ 136,000.00 2nd Half Assessed Land Value. $ 165,000.00 Assessed Improvement Value: $ 136,000.00 17. The terms and provisions contained in the document entitled "Drainage System Installation, Maintenance and Repair Easement and Related Covenants" Recorded: October 10, 2005 Recording No.: 20051010001070 18. The terms and provisions contained in the document entitled "Puget Sound Energy Easement" Recorded: January 5, 2006 Recording No.: 20060105000595 FirstAmerican Title Insurance Company By; Sharf Workman, Title Officer Page 2 of 2 Form No. 14 Subdivision Qaran[ee J C- � Guarantee NO.; 4268-675745 GUARANTEE Issued by First American Title Insurance company 3866 5 74th -5t, Tacoma, WA 98409 Title Officer., Shari Workman Phone: (253)471-1234 FAX firslAmedcan TIRE Form No- 14 Subdivision Guarantee (4.10-75] Guarantee No.: 4268-675745 Page Pia-: 1 . - ' �.. First Arnerkan Title Insurance Company 3866 S 74th St �+�+ ca y+?' Tacoma, WA 98�k04 First Am l�l 1 c;�n Phn - {253i471-17.34 Fax - Developer Services Fax No. (253)671-5802 Shari Workman Vicky L. Willis (253)671-5824 (253)671-5634 sworkrnan@firstam.com vlwiliis@firstam.com THIRD SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4268-675745 FEE $ 1050.00 TAX $ 92.40 YOUR REF.: First Amdrican Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Harbour Hordes herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 1 This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdviding land pursuant to the provisions of Chapter 58.17, R.C,W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: September 08, 2005 at 7:30 A.M. First American Title Farm No. l4 5uoaivision Guarantee (4-10-75i THIRD SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No-: 4268.675745 Page No.: 2 Harbour Homes, Inc., a Washington corporation B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by narne), there are no other documents affecting title to said real property or any poriison thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or excerptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DE5CRUMON: Parcel A: Lots 1 and 2 of King County Short Plat No. L99500007, according to Short Plat recorded February 19, 2003 under Recording No. 20030219900003, in King County, Washington. Parcel B: Lot 6 of Ong County Boundary Line Adjustment No. L99L0022, according to Survey recorded January 6, 2000 under Recording No. 20000106900008, in King County, Washington, APN, 1023059435; 1023059344; 1023059058 first -4merfcarr rifle FaTm No. 14 Subdivision GuaranteE (4-W-75) RECORD MATTERS: 1. Usability for assessment(s) and/or personal property taxes, if any. Guzrantee M .; 42"-1$7574 5 Page No.; 3 2. Deed of Trust and the terms and conditions thereof. Grantorfirustor: Harbour Homes, Inc. Grantee/Beneficiary: U-S. Bank N.A. Trustee: U.S. Sank Trust Company, N.A. Amount: $5,100,000, 00 Recorded: August 26, 2005 Retarding Information: 20050826000946 3. Easement, including terms and provisions contained therein: Recording Information: 347794 (Vol. 409, Pg. 623) In Favor of: Snoqualmie Fails and White River Power Company T-� For: utilities 4. Fasement, including terms and provisions contained therein: Recording Information: 3204310 In Favor of: Puget Sound Power & Light Company, a Washington k� corporation For; electric transmission and/or distribution .system 5 Easement, including terms and provisions contained therein: Recording Information: 3204311 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: electric transmission and/or distribution system Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9805149004, recorded in voiume 121 of surveys, at page(s) 278, in King, Washington. The terms and provisions contained in the document entitled "Native Growth Retention Area" Recorded: January 19, 1999 Recording No.: 9901190220 8. Easement, inducting terms and provisions contained therein; � Recording Information. 19991001000529 In Favor of: Puget Sound Energy, Inc. For: utility system 9. Terms, covenants, cor4tions and restrictions as contained in recorded Lot Line Adjustment r (Boundary Line Revisions): Recorded: January 6, 2000 Recording Informaton: 20000106900008 10. Restrictions, conditions, dedications, notes, easements and provisions contained and/or delineated on the face of Short Plat recorded under King County Recording No. 200302199000C)3. &5L Amenzcan Tilk Farm No. 14 Guarantee No._ 426a-675745 Subdivision Guarante- (4-10-75 ) Page No-: 4 11. The terms and provisions contained in the docurnent entitled "Ordinance No. 5096" Recorded: November 2, 2004 Recording No.: 20041102002356 12. Rockery Installation, Maintenance, Repair and Reconstruction Easement and Agreement i and the terms and conditions thereof; Between: Wedgewood Lane LLC, a Washington limited liabirity company And: Harbour Homes, Inc., a Washington corporation Recording Information: 20050829001576 13. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL MOTES A. General taxes for the year 2005, which have been paid. Tax Account No.: 10230594350 Code Area: 4342 Amount: $ 2,157.54 Assessed Land Value: $ 172,000.00 Assessed Improvement Value: $ 0.00 Affects Lot 1 of Parcel A B, General taxes for the year 2005, which have been paid. Tax Account No,: 1023059344 Code Area:. 4342 Amount: $ 6,323.32 Assessed Land Value: $ 172,000.00 Assessed Improvement Value: $ 325,000.00 Affects Lot 2 of Parcel A C. General taxes for the year 2005, which have been paid. Tax Account No.: 1023059058 Code Area: 4342 Amount: $ 3,709.73 Assessed Land Value: $ 125,000.00 Assessed Improvement Value: $ 163,000.00 Affects Parcel B D. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely For the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it AtMAmencan Tott Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANI EE Guarantee No.. 4268-675745 Page No.: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for bass or damage by reason of the following; (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public record -IL (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property, or, (Z) Pfaceedings by a public agency which may result in taxes or assessments, or noticeS of such proceedings, vrheCher or not the matters excluded under (1) or (2) are shoven by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patens or in Acts authafaing the issuance thereof; (3) water rights, claims or title to viater, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2- Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fallowing: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the fines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or tilde to streets, roads, avenues, lanes, Trays or via[envays to which. such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any strvcWre or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description- (b) Defects, liens, encumbrances, adverse claims or other matters, whether or rot sh o ntee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms linen used in the Guarantee mean: (a) the 'Assured'. the party Or parties named as the Assured in this Guarantee, or on a srOplemer al writing executed by the Company. (b) 'land': the land described or referred to In Schedule (A) (C) or in Part I, and improvements affixed thereto -which by lavr constitute real property. The term land - does not include any property beyond the fines of the area described or referred to in Schedule (A) (C) or in part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or viatenvays. (c) 'mortgage`: mortgage, deed of trust, trust deed, or other security instrument. (d) 'public record!r : records established tinder state statutes at Dare of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without tuwvrledge. (e) 'date': the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall Come to an Assured hereunder of any claim of title or interest which is adverse to the tine. to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be Gable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice tie rights of any Assured undef this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shalt have no duty to defend or prosecute arty action or proceeding to which the Asswed is a party, nonwilhsWricing the nature of any allegation in such action or proceeding, 4. Company's Option to Defend or Prasecute Actions; Duty cf Assured Claimantto Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shag have the right, at 'its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as Grnited in (b), or to do any other act which in Its opinion may be necessary or desirable to establish the btle to the estate or interest as stated herein, or to establish the Gen rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and Shall not thereby concede Lability or waive army provision of this Guarantee. If the Company shag exercise its rights under this paragraph, it shag do so diligently. (b) If the Company elects to exercise is options as stated in Paragraph 4(a) the Company shall have the right to selett counsel of its choice (subject to the dght of such Assured to object for reasonable muse) to represent the Assured and shall nc.L be liable for and will not pay the fees of any other counsel, rmr will the Company pay any fees, costs or expenses'ancurred by an Assured in the defense Of those causes of action which allege matters not Covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a deferue as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent Jurisdichan and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any anon or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an A.—ured, at the Companys expense, shall give line Company ad reasonable aid in any action or proceeding, securing eviderfce, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Gen rights of the Assured. if the Company is prejudiced by the fariure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee Shall terminate. 5. Proof of Loss ar Damage. In addition to and after the notices required under Section 2 of these Cond)lions and Stipulatians have been provided to the Company, a proof of loss 4r damage Signed and sworn to by the Assured shall be furnished to the Company within ninety (9R) days after the Assured shag ascertain the facts giving rise la the loss or damage. Toe proof of loss or damage shag describe the matters covered by UVs Guarantee vvhich conshtute the basis of loss Or damage and shall state, to the extent posslble, the basis or calculating the amount of the kits or damage. if the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee Shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representalive of the Company and shay produce far examination, inspection and copying, at such reasonable times and places as may tie designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before of after Date of Guarantee, which reasonably pertain to the less or damage. %urtmr, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Compary to examine, inspect and copy all records, books, ledgers, checks, rwrespwrdence and memoranda in the custody or control or third party, which reasonably pertain to the LO55 or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shag not be disclosed to others unless, in the reasonable, judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to 5ubrdt for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or goyenxnental regulation, shale terminate any Ifabaty or the Company under this Guarantee to the Assured for that claim. form No. l2a2 (Rm. I;/ISM) First Armencan Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the foiiowing additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within dhe coverage of this Guarantee, or to pay the full amount of this Guarantee or, if thus Gua antee is issued for the beneht of a holder of a mortgage or a herrihntder, the Company shaV have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys` tees and expenses incurred by the Assured daimant vrtuch were authorized by the Carnpany up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee snail terrnfnate all liability or the Company hereunder, In the event after notice of claim has been given to the Company by the Assured the Company offers w purchase said indebtedness, the owner of such indetitednes5 shot[ transfer and assign said indebtedness, together vnlh any collateral security, to fine Company upon payment of the purchase price. Upon the exerdse by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to corufnue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle Vriith Parties Other Than the Assured or 1flth the Assured Claimant. To pay or othervitse settle with other parties for of in the name or an Aged claimant any claim Assured against under this Guarantee, together vrith arty casts, attorneys' fees and expenses incurred by the Asstired claimant which were authorized by the Company up to Ole time of payment and which the Company is obligated to pay. Upan the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph, shall terminate, iacludno arty obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclustort5 From Coverage of This Guarantee. The Liability of the Company udder this Guarantee to the Assured shad not exceed the least of: (a) lute amount of liability stated in Schedule A or in Para 2; (b) the amount of the unpaid principal indebtedness secured by the me�tgage of an Assured mortgagee, as Gritted or provided under Section 6 of these Conditiom and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by tnhs Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encurnlar-WeAssured against by this Guarantee. S. Limitation of Liability, (a) If the Company establishes the Lille, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasanablp 41gent manner by any method, including litigation and the completion or airy appeals therefrom, it shalt have fully performed its obligations with respect to that matter and shad not be Gable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have 'no liability far loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the We, as stated herein. GuaranteE Nc.: 42GS-4S75745 Page No.: AS (c) The Company shall not be liable far loss or damage to any Assured for kaaiiity voluntaniy, assumed by the Assured in settling any dawn or suit without the pnor urftten consent of the Company. 9. Reduction of liability or Termination of Liability, AV payments under this Guarantee, except payments made far costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10, Payment of Loss. (a) No paymentshall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which Case proof of loss or destructon shad be furnished to the satisfaction of the Company. (b) When Liability and the extent of km% or damage has been definitely faced in accordance with these Conditions and Stipulations. the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, a8 right of subragadon shall vest in the Company unaffected by arty act of the Assured dairnant_ The Company shall be subrogated to and be entitled to all rights and remedies which the Assured wouid have had against any person or property in respect to the daim had this Guarantee not been issued, if requested try the Company, the Assured shall transfer to Ule Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shalt permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment an account of a claim does not fully cover the ass of the Assured the Company shall be subrogated to all rights and remedies of the Assured after lthe Assured shall have recovered Its principal, interest; and costs of collection. 12. Arbitration. ilnfess prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title I nsurance Arbolratlon Rules of the American Arbitration Association. Arbitrable matters may include, but are root Gmiled to, any controversy or claim between the Company aril the Assured arising out of or relating to this Guaranteer any service of the Company In connection with its issuance to the breach of a Guarantee provision or other obligation. All arbitrable matters when theAmouu of Liability is $1,000,000 or less Shall be arbitrated at the option of either the Company or the Assured. AN arbitrable matters when the amount of Liability is in excess of $1,000,000 shad be arbitrated only when agreed tic by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attarneys' fees only S the laws of the state in which the land is Located permits a court to award attorneys' fees to a preVaiting Party. lodgment upon the award rendered by the Arti trator(s) may be entered in any court having jurisdiction thereof. The law of the sites of the land shad apply to an arbitration under the Title Insurance Arbrlraticn Role -- A copy of the Rules may be obtained from the Company upon request 13; Liability Limited to This Guarantee; Guarantee Entire Cantract (a) This Guarantee together with all endorsenhents, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shad be construed as a whole. (0) Any claim of loss ar damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wntirng endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. -14. Notices, Where sent. All notices required to be given the Company and any statement in,wriling required to be furnished the Company shall include Line number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Fan fin, 1222 (Rev. 12ft5195I F[hst American Title AD DEND UM B The following is an Addendum to the Real Estate Purchase and Sale Agreement dated July 15"', 2005 and Seller's Counter Offer dated August 8"', 2005 between Riverside Homes, Inc. and/or assigns as Purchaser and Arlene Osborn as Sellers (collectively l-nown as the "Agreement") for the property described as 18515 NE 29`h Ave. Ridgefield, WA. This Addendum B contains additional terms and conditions of sale. In the event of a conflict between the terms of sale set forth in the Agreement, the provisions contained shall govern. i. Paragraph 2 of the Seller's Counter Offer (PURCHASE PRICE) shall be deleted and replaced with the following: The purchase shall be One Million Three Hundred Tv'renty-Four Thousand Seven Hundred Fifty Dollars (S 1,324,750.00). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. The purchase price is based on a per usable acre of Two Hundred Thirty Five Thousand Dollars ($235,000.00). In the event that the usable acreage is less or more than 5.1 acres, the purchase price shall be pro -rated at closing. Usable acreage is defined as property outside of any 25% slope, wetland, floodplain, environmental, wildlife or habitat areas including any required buffer areas. The purchase price includes the existing home located at 18515 NE 191h Ave. with a structural value of One Hundred Twenty- SL-, Thousand Two Hundred Fifty Dollars ($126,250.00). The purchase price shall begin to increase Ten Thousand Dollars (510,000.00) per usable acre every twelve (12) months from the date of a mutually executed Agreement until closing. 2. The following shall be inserted to the last paragraph of section 3 (EARNEST MONEY RECEIPT) of the Seller's counter offer: If Seller does not provide written notice to Buyer of non -satisfactory references within ten (10) days of receiving financial references from Buyer, this contingency shall be waived. 3. The first paragraph of paragraph 6 of the Seller's Counter Offer CLOS]IG shall be deleted and replaced with the following: This transaction shall close within nine (9) months from the date that the Clark County or the City of Vancouver will allow Buyer to submit, process and ultimately approve an application to develop subject property and construct and occupy future homes. Purchaser shall have the option of exercising up to three (3) extensions of this closing date at its sole and absolute discretion. Each extension of this closing date shall be for one (1) month and for each extension used, Purchaser shall deposit with Escrow Five Thousand Dollars (5,000.00). Any paid extension fees shall not apply towards purchase price at closing. The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transaction and waivt all contingencies at any time if, in Buyer's sole discretion, this action is warranted. In the evtint the preliminary plat decision is appealed, then all dates in this Agreerncat, including but not limited to the closing date, earnest money payment dates, closing extension periods and extension payment dates shall be tolled (extended), at no cost to Buyer, for the period of time between the date the appeal is filed and the date that is five days after the preliminary plat is approved with all appeals expired. 4. Paragraph 7 CONVEYANCNG} of Buyer's initial offer shall be reinserted into the Agreement. The following shall be inserted into Paragraph 11 (TITLE INSURANCE) of the Seller's counter offer: Buyer shall pay the difference in cost to insure with ALTA Extended Title Insurance Coverage. 5. The following shall be inserted to the end of sentence 3 of Paragraph 5 (SELLERS COOPERATION) of the Seller's counter offer: - and with the exception of Buyer conducting a Level I or Level 2 erlvirorimental report in which (but not limited to) soil samples may be taken to test for leakage for underground storage tanks. In the event that ground contamination is found as a result of leakage from an underground storage tank that is no longer being used, Seiler gives Buyer permission, at no cost to Seller, to remove such tank and contaminated dirt and fill excavated area. In the event that ground contamination is found as a result of leakage from an underground storage tank that is currently being used by Seller, Seller gives Buyer permission, at no cast to Seller, to remove such tank and contaminated dirt and fill excavated area and establish a newly existing above ground tank that will serve the same purpose as the previously removed tank. All other terms and conditions shall remain in full force and effect. B UYER: Riverside homes, Inc. M- SELLER: Ozzy Osborne M- Date: Date: A, J CITY OF RENTON, WASHINGTON RESOLUTION NO. , Q -a, A RESOLUTION OF THE CITY OF RENTON, WASB INGTON, APPROVING FINAL PLAT (ASPENWOODS; FILE NO. LUA-06-025FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHNGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 8.2 acres, is located in the vicinity of Hoquiam Avenue NE, south of NE 10t' Street) 1 M RESOLUTION NO_ 38 is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated August 14, 2006. PASSED BY THE CITY COUNCIL this 11th day of September , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 11th day of September , 2006. Appro as to form: aAAJ Lawrence I Warren, City Attorney RES.1206:8/16/06:ma Fa Kathy Keo er, Mayor t r RESOLUTION NO. 3831 EXHIBIT A LEGAL DESCRIP no PER FIRST AMERICAN TITLE COMPANY FILE NO. 4265--675475 PARCEL A: LOTS t AND 2 OF KING COUNTY SHORT PLAT NO. L99S0007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. NO. 20030219900003, IN KING COUNTY, WASHINGTON. PARCEL B: LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L9911-0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. 14 RESOLUTION NO. 3831 z 4 1 ST —7— rEl NE 9 STw , a � � _a a x SE 120TH ST 4 I r- S' `AI VICINITY MAP "-800' September 11, 2006 Renton City Council Minutes Page 300 MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED, UNFINISHED BUSINESS Finance Committee Vice Chair Law presented a report recommending approval Finance Committee of Claim Vouchers 251424 - 252225 and five wire transfers totaling Finance: Vouchers $7,864,309,52; and approval of Payroll Vouchers 65188 - 65842, two wire transfers, and 1301 direct deposits totaling $4,312,179.06. MOVED BY LAW, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT, CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution 43829 A resolution was read calling for the annexation, by election, of approximately Annexation: Preserve Our 1,475 acres of contiguous unincorporated territory within Renton's East Renton Plateau, SE 128th St Plateau Potential Annexation Area; stating the number of registered voters residing therein as nearly as may be; calling for an election to submit the proposal for annexation to voters of the territory; and authorizing the City Clerk to file with the King County auditor a certified copy of this resolution setting forth the City's preferred date (2/6/2007) for a special election. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3830 A resolution was read requesting that King County Division of Records and Public Safety: Citizen Elections call a special municipal election, to coincide with the general election Initiative, Fireworks Ordinance to be held on 1 1/712006, and place Proposition No. I (initiative measure concerning fireworks) before the qualified electors of the City of Renton on the 1 1/7/2006 ballot. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3831 A resolution was read approving the Aspenwoods Final Plat; approximately 8.2 Plat: Aspenwoods, Hoquiam acres located in the vicinity of Hoquiam Ave. NE, south of NE 10th St. I Ave NE, FP-06-025 MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED Resolution #3832 A resolution was read authorizing the donation of surplus computer -related Finance: Donating Surplus equipment and printers. MOVED BY CLAWSON, SECONDED BY Computer -Related Equipment NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution 43833 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Public Safety interlocal agreement among the cities of Algona, Auburn, Fife, Kent, Pacific, Technology Infrastructure Puyallup, Renton, Sumner, and Tukwila (Valley cities), authorizing retaining Interlocal Agreement CBG Communications Inc. as the consultant and agrees that the City of Auburn will serve as the agent for the Valley cities in project support of the Department of Justice Cops More Grant for technology. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 9/18/2006 for second and final reading: EDNSP: Revenue Reflection An ordinance was read amending the 2006 Budget by reflecting revenue in the for Blumen Consulting amount of $4,610 from The Boeing Company and $33,080 from Harvest Contracts, Budget Amend Transwestern Lakeshore to cover expenses amounting to $37,690 for contracts with Blumen Consulting Group for Boeing Plant sub -district IA and 1B consistency analysis work and subsequent appeal. MOVED BY September 11, 2006 Renton City Council Minutes Page 299 Community Services: Trail Community Services Department recommended approval of the trail Construction, Springbrook construction in the estimated amount of $1,599,997 for the Springbrook Trail Creek Wetland & Habitat Missing Link as part of the Washington State Department of Transportation 1- Mitigation Bank, WSDOT 405 Springbrook Creek Wetland and Habitat Mitigation Bank construction project. Rcfcr to Committee of the Whole; refer to Community Services Committee for a briefing. Community Services: Community Services Department recommended approval of an amendment to Edlund/Korum Property the conservation futures interlocal agreement with King County (CAG-90-029) Purchase, King County for open space funding to accept $100,000 for the Edlund/Korum property Funding acquisition (18 acres located on the northeast corner of Carr Rd. and 103rd Ave.). Approval was also sought to reallocate the grant funds to the Community Development Impact Mitigation Fund. Council concur. Development Services: South Development Services Division recommended acceptance of a deed of Lake WA Roadway dedication for additional right-of-way at Garden Ave. N. and N. 8th St. as part Improvements, ROW of the South Lake Washington Roadway Improvements Project. Council Dedication, CAG-06-068 concur. Development Services: South Development Services Division recommended acceptance of a deed of Lake WA Roadway dedication for additional right-of-way at Garden Ave. N. and N. 10th St, as part Improvements, ROW of the South Lake Washington Roadway Improvements Project. Council Dedication, CAG-06-068 concur. Plat: Aspenwoods, Hoquiam Development Services Division recommended approval, with conditions, of the Ave NE, FP-06-025 Aspenwoods Final Plat; 46 single-family lots on 8.2 acres located at Hoquiam -f Ave. NE and NE l dth St. Council concur. (See page 300 for resolution.) EDNSP: Revenue Reflection Economic Development, Neighborhoods and Strategic Planning Department for Blumen Consulting recommended approval of a 2006 Budget amendment reflecting revenue from Contracts, Budget Amend Boeing and Harvest Transwestern Lakeshore to cover expenses amounting to $37,690 for the contracts with Blumen Consulting Group. Council concur. (Seepage 300 for ordinance.) Finance: Donating Surplus Finance and Information Services Department requested approval of a Computer -Related Equipment resolution authorizing the donation of surplus computers and other dated technology equipment to The Bit Bank, a non-profit organization. Council concur. (See page 300 for resolution.) Finance: Public Safety Finance and Information Services Department recommended approval of an Technology Infrastructure interlocal agreement with Valley cities regarding the Department of Justice Interlocal Agreement Cops More Grant for technology, to retain a consultant and have the City of Auburn act as agent for the Valley cities. Council concur. (See page 300 for resolution.) Latecomer Agreement: Technical Services Division requested final approval of the 15-yeas latecomer Holmes, Sewer Extension agreement submitted by Bret Holmes for sewer main extension along Graham (Graham Ave NE), LA-06-001 Ave. NE, and requested authorization for staff to finalize the agreement per City Code. Counci I concur. CAG: 05-098, Maple Valley Transportation Systems Division submitted CAG-05-098, Maple Valley Hwy. Hwy Improvements Phase 1, (SR-169) Improvements Phase 1; and requested approval of the project, Sanders General Construction authorization for final pay estimate in the amount of $74,310.14, commencement of 60-day lien period, and release of retained amount of $41,436.31 to Sanders General Construction, contractor, if all required releases are obtained. Council concur. `Y OF RENTON COUNCIL AGENI . _ 3ILL Submitting Data: Planning/Building /Public Works Dept/Div/Board.. Development Services Division Staff Contact...... Juliana Fries x:7278 Subject: ASPENWOODS FINAL PLAT File No. LUA 06-025, FP (LUA 04-143, PP) 8.2 acres located at the east side of Hoquiam Ave NE and south of NE 10`h Street. Exhibits: 1. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur Al #: 0 f For Agenda of: September 11, 2006 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance .... ......... Resolution............ Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: X The referenced final plat is submitted for Council action. Aspenwoods Plat divides 8.2 acres into 46 single-family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. STAFF RECOMMENDATION: Adopt the Resolution approving Aspenwoods Final Plat, LUA 06-025, FP, with the following conditions: a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. c) The Restrictive Covenants for a Native Growth Retention Area established under recording Number 9901190220 to King County (and the City of Renton as the successor to King County upon annexation) shall be abandoned and released prior to recording the final plat. X X CITY OF RENTON, WASHINGTON l 7=81RWK8LIato] A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ASPENWOODS; FILE NO. LUA-06-025FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 8.2 acres, is located in the vicinity of Hoquiam Avenue NE, south of NE IO Street) 1 RESOLUTION NO, is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated August 14, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2006. Approved as to form: Lawrence I. Warren, City Attorney RES.1206:8/16/06:ma 2 Kathy Keolker, Mayor EXHIBIT A LEGAL DESCRIPTI ON PER FIRST AMERICAN TITLE COMPANY FILE NO. 4268-675475 PARCEL A: LOTS 1 AND 2 OF KING COUNTY SHORT PLAT NO. L99S0007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. NO. 20030219900003, 1N KING COUNTY, WASHINGTON_ PARCEL B: LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L99L0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. VICINITY SAP I y-800' DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Maher Joudi Aspenwoods Final Plat. File: LUA 06-025FP LOCATION: East side of Hoquiam Ave NE and South no NE 10, Street. Section 10, Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 46 single-family residential lots with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1) The applicant, Maher Joudi, filed a request for approval of Aspen Woods, a 46-lot Final PIat. 2) The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3) The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Nan -Significance -Mitigated on December 28 2004 for the subject proposal. 4) The subject proposal was reviewed by all departments with an interest in the matter. 5) The subject site is located at the east side of Hoquiam Ave NE and south of NE loth Street. The new plat is located in Section 10, Twp. 23 N., Rng 5 E. 6) The subject site is comprised of 3 parcels totaling 8.2 acres. 7) The Preliminary Plat (LUA-04-143) was approved by the City of Renton Council on April 4, 2005. 8) The site is zoned Residential 8 DU/AC (R-8). 9) The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10) This site is subject to a Native Growth Retention Area (NGRA) Covenant recorded under Recording Number 9901190220 and later modified to the boundary shown in King County Short Plat L99SO007 and recorded under Recording Number 20030219900003. King County was the original holder of this Covenant and the City of Renton, as the successor to King County, became the holder of this Native Growth Retention Area (NGRA) Covenant upon its annexation of territory encompassing this parcel by Ordinance No. 5096. The Native Growth Retention Area (NGRA) Covenant was established for the purpose of dispersing and treating stormwater flows and was subject to restrictions applying to vegetation removal. The release of this Native Growth Retention Area (NGRA) Covenant was conditioned upon the review and approval of a new drainage or site plan by King County's Department of Development and Environmental Services or its successor. The Aspenwoods Preliminary Plat was approved and a drainage system designed per the 1998 King County Surface Water Design Manual has been installed and the condition which permit the termination of the covenants has been achieved. 11) The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: a The applicant shall comply with the recommendations contained in the "Geotechnical Engineering Study " dated September 21, 2004, regarding site preparation and structural fill material. The applicant complied with the condition during construction and utility work. h The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staff shall review both plans prior to issuance of Construction Permits. Tine applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. c The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. Weekly Erosion Control Inspection Reports have been prepared by Northwest Erosion Control. According to the reports, maintenance of erosion control measures have been provided at the site. d Certification of proper removal of the erosion control facilities shall be required prior to the recording of the final plat. Certification of proper removal of erosion control facilities will be provided prior to recording of the plat. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flou, control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 — for detention and basic water quality. 3. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 (44 x 530.76 = $23, 353.00) per new single-family lot. Thefee shall be paid prior to the recording of the final plat. The Parks Mitigation Fee will be paid prior to recording. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 (44 x 9.57 = 421 x $75.00 = $31,575.00) per each new additional trip generated by the project with credit given for the two existing single-family residences, prior to recording of the final plat. The Traffic Mitigation Fee will be paid prior to recording. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of $488.00 (44 x $488.00 = 21,472.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with the ERC conditions. The applicant complied with the ERC conditions noted above. 2. The applicant shall create a half'streel westerly from the stub end of Kitsap to the further enhancement of the grid system. The plat has been revised and the design includes a public half street westerly from the stub end of Ilwaco Ave ICE (previously named as Kitsap Ave NE) to the boundary of the site. 3. The Fire Department will have to approve the turnaround design of Kitsap and Proposed Lot 17 will not be able to be developed until Kitsap provides an appropriate outlet. The development restriction for Proposed Lot 17 shall appear on the face of the plat. The Fire Department has reviewed and approved the turnaround on lot 17. Applicant noted on the face of the plat the restriction for development on lot 17. 4, The applicant shall be required to show the access easements "A" and "B" as easements across Lots 7, 8, 17, and 18 accordingly prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The applicant noted on the face of the plat (under Easement Provisions) that lots 7, 8, and 9 shall have access from easement `A'. The access easement for lots 17 and 18 is no longer necessary since a public street has been installed fronting these lots (see HEX condition No. 2). S. The applicant shall be required to place a note on the face of the plat requiring access for Lot 7 to be from access easement "A " and Lot 17 to be from access easement "B ". Additionally, no direct access from any lot within the plat shall be allowed onto Hoquiam Avenue NE. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager, prior to the recording of the final plat. The applicant noted on the face of the plat that access to lot 7 shall be from easement `A'. The note for access for lot 17 is no longer necessary since a public street has been installed fronting the parcels would share the access easement with lot 17. In addition a note has been placed on the face of the plat indicating that no access is allowed onto Hoquiam Avenue NE from any lot within the Aspen Woods plat. 6. The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42 foot wide internal public street, prior to the recording of the final plat. The required street signage and addresses from private driveways will be provided prior to recording the final plat. 7. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements (landscape Tract B, access easements, stormwater Tract A) of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. A Homeowners Association was created and the Declaration of Covenants, Conditions and Restrictions was reviewed and approved by the City Attorney and the Development Services, and includes the referenced maintenance responsibilities. 8. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All buildings located within the project limits have been removed and the demolition permits are finaled. 9. The applicant shall comply with the conceptual street tree plan with the following changes' the proposed Koleruteia paniculata (Golden raintree) shall be replaced with a similar type and size tree to be a minimum caliper of 1-112 inches (deciduous) or 6-8 feet in height (conifdr). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager and shall be planted prior to final buildingpermit inspection. The applicant will comply with the conceptual street tree plan with the changes approved by the City prior to final building permit inspection. 10, The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to the recording of the final plat. The drainage easements and maintenance agreements have been recorded. 11. The applicant shall be required to install a sight obscuring landscape/fencing buffer along the western and northern sides of the detention facility (Tract A). This condition shall be subject to the review and approval of the Development Services Division prior to final plat approval. The applicant submitted fencing and landscape plans and the sight obscuring landscape/fencing buffer will be installed along the western and northern sides of the detention facility (Tract "A"), unless deferred by the Administrator. 12. The applicant shall provide a Certificate of Water Availability, showing that the District's system can provide a minimum of 1,000 gpm of available fire flow per fire hydrant_ The submittal of the certificate shall be required at the time of the construction plan for review and approval of Development Services Division. The developer has provided a letter of water availability from Water District No. 90. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION; 1. The City Councilshould approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. c) The Restrictive Covenants for a Native Growth Retention Area established under recording Number 9901190220 to King County (and the City of Renton as the successor to King County upon annexation) shall be abandoned and released prior to recording the final plat. SUBMITTED THIS 14" DAY OF AUGUST, 2006 IANA FRIES t VELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-05-025-FP VICINITY MAP 1 w-UW LEGAL DESCRIPTION PER FIRST AMERICAN TITLE COMPANY FILE N0, 4268-675475 PARCEL k LOTS 1 AND 2 OF KING COUNTY SHORT PLAT NO. L99SO007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. NO, 20030219900003, IN KING COUNTY, WASHINGTON. PARCEL B: LOT 3 OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. 1-991-0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. 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SW 1/4, NE 1/4 I 6RAMIC SCALE 40 m t F[�N15 o ZU 6YAMMO ;M COM W MpMAX71Y 6/C Mmm ANd CAP MAWo wr AT All LM CITY OF RENTON NE 8TH CT Ak 46 { "W wm 11. 40 sarararE 29 i O 46TS ®QFE i WAa Z }i NE 8TH 1. ENT IT &L%LL W TIE IEWOR9OLM Or 7Ht OYA:A(SJ Q IOT 1i TO ~A" 7HE 704-ORMY.V Mt AF40UM iN 1MAT W. Y/611 Y_wACO AVENRIE M E7ITDWW SOOMIEIILY 7✓0 F1 71E PfFERSE 71GM IMM !E M 57RE6L AfN JW l£1FORArtv .7VW AROUMR EASZ MXr SHALL AUTUMA71OALLY tklsi%rVA 7pgermER 7eTM ANY YANID M M RESP61( WfflY. MWWAL OF MY IIPROVE]IEIRS ASS=ATED W N 7M5 IMPORJRY 7URM. ARC= *Wl K THE R7SPO+SOLM OF TM OMMUO) OF SMO LOT 17, ;' L>r piANAGC V/[W1 Consultfiq Fngfneers Inc. F11GtlttM • PLMlI= • OUMOEVWM tF. N�0 �aea>t nR Hm} tm� JOB Na 04-166 SHEET 4 of 4 gryplafaddress LOT STREE STR STREET NAME SUBDIV 1 5118 NE 8TH CT ASPENWOODS PLAT 2 5124 NE 8TH CT ASPENWOODS PLAT 3 5130 NE 8TH CT ASPENWOODS PLAT 5136 NE 18TH CT ASPENWOODS PLAT 5 5202 NE 8TH CT ASPENWOODS PLAT 6 5208 NE 8TH CT ASPENWOODS PLAT 7 5214 NE 8TH CT ASPENWOODS PLAT 8 5250 NE 8TH CT ASPENWOODS PLAT 9 5256 NE 18TH CT ASPENWOODS PLAT 10 8741 JILWACO PL NE ASPENWOODS PLAT 11 868 JILWACO PL NE ASPENWOODS PLAT 12 862 JILWACO PL NE ASPENWOODS PLAT 13 856 ILWACO PL NE ASPENWOODS PLAT 14 850 ILWACO PL NE ASPENWOODS PLAT 15 808 ILWACO PL NE ASPENWOODS PLAT 16 802 ILWACO PL NE ASPENWOODS PLAT 17 5212 NE 8TH ST ASPENWOODS PLAT 18 5206 NE 8TH ST ASPENWOODS PLAT 19 5140 NE 18TH ST ASPENWOODS PLAT 20 5103 NE 8TH PL ASPENWOODS PLAT 21 5109 NE 8TH PL ASPENWOODS PLAT 22 5115 NE 8TH PL ASPENWOODS PLAT 23 5121 NE 8TH PL ASPENWOODS PLAT 24 5127 NE 8TH PL ASPENWOODS PLAT 25 5133 NE 18TH PL ASPENWOODS PLAT 26 5139 NE 8TH PL ASPENWOODS PLAT 27 5205 NE 8TH PL ASPENWOODS PLAT 28 5211 NE 8TH PL ASPENWOODS PLAT 29 5210 NE 8TH PL ASPENWOODS PLAT 30 5204 NE 8TH PL ASPENWOODS PLAT 31 5138 NE 8TH PL ASPENWOODS PLAT 32 5132 NE 18TH PL ASPENWOODS PLAT 33 5126 NE 8TH PL ASPENWOODS PLAT 34 5120 NE 8TH PL ASPENWOODS PLAT 35 5114 NE 8TH PL ASPENWOODS PLAT 36 5108 NE 18TH PL ASPENWOODS PLAT 37 5102 NE 8TH PL ASPENWOODS PLAT 38 5101 NE 8TH CT ASPENWOODS PLAT 39 5107 NE 8TH CT ASPENWOODS PLAT 40 5113 NE 8TH CT ASPENWOODS PLAT 41 5119 NE 8TH CT ASPENWOODS PLAT 42 5125 NE 8TH CT ASPENWOODS PLAT 43 5131 NE 18TH CT ASPENWOODS PLAT 44 5137 NE 8TH CT ASPENWOODS PLAT 45 5203 NE 8TH CT ASPENWOODS PLAT 46 5209 NE 8TH CT ASPENWOODS PLAT Page 1 06/01/2006 'eKatltiy calker, May,, N To: From: Date: Subject: CITY JF RENTON MEMORANDUM Juliana Fries, Development Services Lawrence J. Warren, City Attorney August 16, 2006 Aspenwoods Final Plat LUA06-025 Release of a Native Growth Protection Area Covenant Office oIthe City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zandia L. Fonies Assistant City Attorneys Aim S. Niclscu Garman Newsom II Shawn E. Arthur The release of the Native Growth Protection Covenant is approved as to legal form. Lawrence J. Warren LJW:tmj cc: Jay Covington Gregg A. Zimmerman, PE Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / TAX (425) 255-5474 This paper contains 5C`7_ reovcled material: 30% post consumer U;CYGF HEti1J RECEIVE AUG 17 2C' 31JIDiNG DIVISIO CITY OF RENTON AUG 2 1 2 1L!6 C�'IVED RENTQN AHEAD OF THE CURVE Return Address: City Clerk's Office ' City of Renton 1055 South Grady Way Renton, WA 98055 RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 102305-9344 Project File #: LUA-04-143 & LUA06-025 Project Name: Aspenwoods Preliminary Plat Reference Number(s) of Documents assigned or released: 9901190220 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Harbour Homes, Inc, LEGAL DESCRIPTION: A portion of Lot 2 of King County Short Plat No. L99S0007, as recorded under King County Rec. No. 20030219900003, records of King County, Washington. Situate in the Southwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. WHEREAS, King County was the original holder of a Native Growth Retention Area (NGRA) Covenant acquired from Kenneth E. and Tina M Kiger dated January 18, 1999 and recorded under Recording Number 9901190220 in King County, Washington; and WHEREAS, the boundary of the NGRA established under Recording Number 9901190220 was modified to the boundary shown in King County Short Plat L99SO007 and recorded under Recording Number 20030219900003 in King County, Washington; and WHEREAS, the City of Renton, as the successor to King County, became the holder of this Native Growth Retention Area (NGRA) Covenant upon its annexation of territory encompassing this parcel by Ordinance No. 5096 and recorded under Recording Number 20041102002356 in King County, Washington; and WHEREAS, the Native Growth Retention Area (NCiRA) Covenant was established for the purpose of dispersing and treating stormwater flows and was subject to restrictions applying to vegetation removal; and WHEREAS, the release of this Native Growth Retention Area (NGRA) Covenant was conditioned upon the review and approval of a new drainage or site plan by King County's Department of Development and Environmental Services or its successor; and WHEREAS, the Council of the City of Renton did, on April 4, 2005, review and approve the Aspen Woods Preliminary Plat (LUA-04-143) and achieve the conditions which permit the termination of the covenants. NOW, THEREFORE, the City of Renton does hereby abandon and release all rights under the above described restrictive covenant on the land described above. Release Covenants 2.doc PWPSPE0051bh RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: t 02305-9344 Project File #: LUA-04-143 Project Name: Aspen Woods Preliminary Plat Reference Number(s) of Documents released: 9901 190220 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Harbour Homes, Inc. IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this day of , 20 MAYOR CITY CLERK STATE OF WASHINGTON )SS COUNTY OF KING } certify that i know or have satisfactory evidence that Jesse Tanner and Marilyn Petersen are the persons tivho appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF RENTON, to be the free and voluntary art of such 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: Release Covenants 2.doc PWPSRE005Ibh 41- s--y N U Ileferencc Ntimber(s)'`of T}ocumen is assigned or rcliilld. _ Additional reference nutribtrs'on page.idocument(§},' Grnntot(s) (lnst Warne, first naiiie, hillials): KI 01 e.�►ne'r'-\ G Addttional names on page ❑f document(s) GPI CQ Crratilec[s} (lasi.nnme, Crsl name, initials): Additional names on page _ ❑f documenl(s) Lcg [f dcsci,�pLion {nUlr►evintccl); ^7 LAl > taclf Platlsedion 10 fownshtp G Mange l�s A40ional-Itgal is on page ofdoeument(s) Lot t::Ck PSmfIsecubn Township flange Additional legal is or. page T of ¢ocument(s) Lot Biack _ Plau8'ectlpn _-'..Tawnslrip Range Additonal legates on.page: bf daeument(s}:. Lot Block 111405eclion i'awnsfilp __ Rnnga Addttional legal is on page of tlocument(e) „ 4SSt3SO%'s l'raptt ly TIXX I ai WI&rcowtt Numb&(s):` l C7 2: C} — The Auditoi/Recoidtrwill rely ou Il%c information provided oil this Corm.'-Thk 5f will %tot rend tine s►ttachrid doem"ent to ytrlty tlu ntturaty or eoinpS.eierilss;4t 114e iiidcxi,l}g infurmntion provided liticin. r!fil L.y.IC— 9ht 471J1/96-9.3l NIN5 WIT sa foo 5AH633tl M03 SO lid WaV80 aatn-6F{ltS6 CONSIDERATION OF die appzQvcd King County residential buildaig permit for appIiCaI3QnNq---" relatiag to real property legally dewncd as follows ,CG K)Cr-Vn , F—Acepr established as a native growth retention area fvr the pwpose of disperjwg and treating Mrrnwatei,::J)ows and is subject to restrictom applying to yeap-tA designated areas:: -shown to Attad=ent A, and 1) A q alterations bD seasitrVe areas and their buffers -shall 4rsii be paht to.Kink Cgunly y tod472 IA-,�4 2 The remA=S,property outside of the sensitive areas and their: bu':06rs, residences, roadwayq;'drziriage fulhfies, drai i&ld arm, lawns and pastures sfiaff:'be.#iaintaiaed in a.for WE4&nifioriThe following activities are allowed � a) On 510'pes-,--wWch have bee'n-'dw�ed by htimari activity or infested by noxious weeds, rep4cment,-,iAith appropriate naftve species or other appropriate b) Ccristruction of prtva*:zaih, provided that 07.,arc gwded by consmcwrz and M., r--( maintenance staqar "' in. the., US..'.' FQTCSt.��' Sergi, C* "Trails Management Handbook" (FSH 2309,18, Tune! 1097-' as. ==4L4.. and "Standard Specificatons for Constr-uCtloo,:4f 'Jm46 (tM-1720-102, )one 1984, as amended), but ux no case shall tzads bt ckristrticte4'of concrete, asP lWt-or other Clftnng impervious surface Much would conmbute to surface water runoff unless such construction is necessary for soil stabiluatzon or soil erosion prevention c). Lurnted tmmn=g and pruning of vegetation for the treation and marntenantc of .views pet�gIA 24 3.10D 4. .' d} AepfsccmeK t attiidrvsduW trees with native trees on a limited basis Forested lrydrnl6gic:'t adatrons Ana sort stabihityshall be ma,niatned O Tfus easenient/restndtron- is binding?upon they G.. OR(s), its heirs, successors and assigns unless or until a�ae aT_4kc�srte lati �5 reviewed ar�d ptaved D par n nt of :. tw CQ Development and a,vit��urienta Servrccs.:izr,ts`se�cci~ssof O S?ArsbF WASkNGTON ) COUNTY (j)F KSNG ) ss dim. date, personilly appeared before me Kenne. h : E, :X-1 & ,T-1--na M. Ktger_ _ . to me knowntea be the ia&idual(�) d�scr*ed ; .arid who executed the w4tlun and foregoing vmstrument and 4Z acj=awledged Vim they srgzed the same as.:dmr �frec and voluntary act and deed, for the uses Cq and purposes thcrem ststed f y�( Givep uzider,.. -i iy . =.d and' D 6'rs l ..thus / � day of 11-99 i •. r Y 01. N nYLIC in and for tb"�r -Q1 W g� resrdmg Rent My Cown-dsSmon Expires _ Jan- 1 OcAnDg FLiCnaWRestnmQa CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: August 15, 2006 To: City Clerk's Office From: Patrick Roduin Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Aspen Woods Final Plat LUA (file) Number: LUA-06-025, FP Cross -References: AKA's: Project Manager: Juliana Fries Acceptance Date: March 23, 2006 Applicant: Justin Lagers Owner: Harbour Homes, Inc Contact: Maher Joudi PID Number: 1023059344, 1023059058, 1023059435 ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: 46-LOT FINAL PLAT IN THE R-8 ZONE Location: 864 Hoquiam Ave NE Comments: C. 1 Y OF RENTON COUNCIL AGEND_ _ SILL AI#: Submitting Data: Planning/Building /Public Works For Agenda of August 28, 2006 Dept/Div/Board.. Development Services Division Staff Contact...... Juliana Fries x:7278 Agenda Status Consent .............. X Subject: ASPENWOODS FINAL PLAT File No. LUA 06-025, FP (LUA 04-143, PP) 8.2 acres located at the east side of Hoquiam Ave NE and south of NE 10`h Street. Exhibits: 1. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur Public Hearing.. Correspondence.. CONCUR 'r } ' � DATE Ordinance ............. . SAME ! ATE Resolution............ K.KAbu -- Old Business........ +. W <x' - L=,nn�4CY 2S6 New Business......_„ Study Sessions..... Information......... Approvals: Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The referenced final plat is submitted for CounciI action. Aspenwoods Plat divides 8.2 acres into 46 single-family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. STAFF RECOMMENDATION: Adopt the Resolution approving Aspenwoods Final Plat, LUA 06-025, FP, with the following conditions: a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. c) The Restrictive Covenants for a Native Growth Retention Area established under recording Number 9901190220 to King County (and the City of Renton as the successor to King County upon annexation) shall be abandoned and released prior to recording the final plat. RentonneVagnbi]V bh CI'TY OF RENTON COUNCIL AGENDA BILL COPY Submitting Data: Planning/Building /Public Works Dept/Div/Board.. Development Services Division Staff Contact...... Juliana Fries x:7278 Subject: ASPENWOODS FINAL PLAT File No. LUA 06-025, FP (LUA 04-143, PP) 8.2 acres located at the east side of Hoquiam Ave NE and south of NEI0t' Street. Exhibits: 1. Resolution and legal description 2. Staff report and recommendation Recommended Action: Council concur At #: For Agenda of. August 28, 2006 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: X R. X The referenced final plat is submitted for Council action. Aspenwoods Plat divides 8.2 acres into 46 single-family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat will be met prior to recording of the plat. STAFF RECOMMENDATION: Adopt the Resolution approving Aspenwoods Final Plat, LUA 06-025, FP, with the following conditions: a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. c) The Restrictive Covenants for a Native Growth Retention Area established under recording Number 9901190220 to King County (and the City of Renton as the successor to King County upon annexation) shall be abandoned and released prior to recording the final plat. Rentonnet/agnbill/ bb ivjj- DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Maher Joudi Aspenwoods Final Plat. File: LUA 06-025FP LOCATION: East side of Hoquiam Ave NE and South no NE 10"' Street. Section 10, Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 46 single-family residential lots with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS &_RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1) The applicant, Maher Joudi, filed a request for approval of Aspen Woods, a 46-lot Final Plat. 2) The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3) The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non -Significance -Mitigated on December 28 2004 for the subject proposal. 4) The subject proposal was reviewed by all departments with an interest in the matter. 5) The subject site is located at the east side of Hoquiam Ave NE and south of NE loth Street. The new plat is located in Section 10, Twp. 23 N., Rng 5 E. 6) The subject site is comprised of 3 parcels totaling 8.2 acres. 7) The Preliminary Plat (LUA-04-143) was approved by the City of Renton Council on April 4, 2005. 8) The site is zoned Residential 8 DU/AC (R-8). 9) The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10) This site is subject to a Native Growth Retention Area (NGRA) Covenant recorded under Recording Number 9901190220 and later modified to the boundary shown in King County Short Plat L99SO007 and recorded under Recording Number 20030219900003. King County was the original holder of this Covenant and the City of Renton, as the successor to King County, became the holder of this Native Growth Retention Area (NGRA) Covenant upon its annexation of territory encompassing this parcel by Ordinance No. 5096. The Native Growth Retention Area (NGRA) Covenant was established for the purpose of dispersing and treating stormwater flows and was subject to restrictions applying to vegetation removal. The release of this Native Growth Retention Area (NGRA) Covenant was conditioned upon the review and approval of a new drainage or site plan by King County's Department of Development and Environmental Services or its successor. The Aspenwoods Preliminary Plat was approved and a drainage system designed per the 1998 King County Surface Water Design Manual has been installed and the condition which permit the termination of the covenants has been achieved. 11) The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: a The applicant shall comply with the recommendations contained in the "Geotechnical Engineering Study " dated September 21, 2004, regarding site preparation and structural fill material. The applicant complied with the condition during construction and utility work. b The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staffshall review both plans prior to issuance of Construction Permits. The applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. c The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. Weekly Erosion Control Inspection Reports have been prepared by Northwest Erosion Control. According to the reports, maintenance of erosion control measures have been provided at the site. d Certification ofproper removal of the erosion control facilities shall be required prior to the recording of the final plat. Certification of proper removal of erosion control facilities will be provided prior to recording of the plat. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 — for detention and basic water quality. 3. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 (44 x 530.76 = $23, 353.00) per new single-family lot. The fee shall be paid prior to the recording of the final plat. The Parks Mitigation Fee will be paid prior to recording. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 (44 x 9.57 = 421 x $75.00 — $31,575.00) per each new additional trip generated by the project with credit given for the two existing single-family residences, prior to recording of the final plat. The Traffic Mitigation Fee will be paid prior to recording. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of $488.00 (44 x $488.00 = 21, 472, 00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: The applicant shall comply with the FRC conditions. The applicant complied with the ERC conditions noted above. 2. The applicant shall create a half street westerly from the stub end of Kitsap to the further enhancement of the grid system. The plat has been revised and the design includes a public half street westerly from the stub end of Ilwaco Ave NE (previously named as Kitsap Ave NE) to the boundary of the site. 3. The Fire Department will have to approve the turnaround design of Kitsap and Proposed Lot 17 will not be able to be developed until Kitsap provides an appropriate outlet. The development restriction for Proposed Lot 17 shall appear on the face of the plat. The Fire Department has reviewed and approved the turnaround on lot 17. Applicant noted on the face of the plat the restriction for development on lot 17. 4. The applicant shall be required to show the access easements ' A " and "B " as easements across Lots 7, 8, 17, and 18 accordingly prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The applicant noted on the face of the plat (under Easement Provisions) that lots 7, 8, and 9 shall have access from easement `A'. The access easement for lots 17 and 18 is no longer necessary since a public street has been installed fronting these lots (see HEX condition No. 2). S_ The applicant shall be required to place a note on the face of the plat requiring access for Lot 7 to be from access easement "A " and Lot 17 to be from access easement "B ". Additionally, no direct access from any lot within the plat shall be allowed onto Hoquiam Avenue NE. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager, prior to the recording of the final plat. The applicant noted on the face of the plat that access to lot 7 shall be from easement `A'. The note for access for lot 17 is no longer necessary since a public street has been installed fronting the parcels would share the access easement with lot 17. In addition a note has been placed on the face of the plat indicating that no access is allowed onto Ilogniam Avenue NE from any lot within the Aspen Woods plat. 6 The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42foot wide internal public street, prior to the recording of the final plat. The required street signage and addresses from private driveways will be provided prior to recording the final plat. 7. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements (landscape Tract B, access easements, stormwater Tract A) of this development. A draft of the documents) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. A Homeowners Association was created and the Declaration of Covenants, Conditions and Restrictions was reviewed and approved by the City Attorney and the Development Services, and includes the referenced maintenance responsibilities. 8. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located as the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. All buildings located within the project limits have been removed and the demolition permits are finaled. 9. The applicant shall comply with the conceptual street tree plan with the following changes: the proposed Koleruteia paniculata (Golden raintree) shall be replaced with a similar type and size tree to be a minimum caliper of 1-112 inches (deciduous) or 6-8 feet in height (conifdr). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager and shall be planted prior to final building permit inspection. The applicant will comply with the conceptual street tree plan with the changes approved by the City prior to final building permit inspection. 10. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to the recording of the final plat. The drainage easements and maintenance agreements have been recorded. 11. The applicant shall be required to install a sight obscuring landseape/fencing buffer along the western and northern sides of the detention facility (Tract A). This condition shall be subject to the review and approval of the Development Services Division prior to final plat approval. The applicant submitted fencing and landscape plans and the sight obscuring landscapelfencing buffer will be installed along the western and northern sides of the detention facility (Tract "A"), unless deferred by the Administrator. 12. The applicant shall provide a Certificate of Water Availability, showing that the District's system can provide a minimum of 1,000 gpm of available fire flow per fire hydrant. The submittal of' the certificate shall be required at the time of the construction plan for review and approval of Development Services Division. The developer has provided a letter of water availability from Water District No. 90. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. c) The Restrictive Covenants for a Native Growth Retention Area established under recording Number 9901190220 to King County (and the City of Renton as the successor to King County upon annexation) shall be abandoned and released prior to recording the final plat. SUBMITTED THIS 14' DAY OF AUGUST, 2006 IANA FRIES VELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-06-025-FP MCIINITY -MAP 1 r=a001 LEGAL DESCRIPTION PER FIRST AMERICAN TITLE COMPANY FILE NO. 4268--675475 PARCEL A: LOTS 1 AND 2 OF KING COUNTY SHORT PLAT NO. L99S0007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. NO. 20030219900003, IN KING COUNTY, WASHINGTON. PARCEL B: LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L99L0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. ASPENWOODS A FORPON OF T}-E SE V4 OF THE SW V4 CF THE NE Q4. SECIM A TWP 23 N, PoM 5 E, WIL OVERALL FLAr FLAN NOT To BE RECOMED) 1 2 4 5 ------- --- ---- - -- ------ -- ------NE STH—ci, 43 44 45 12 13 .37 36 35 34 33 32 31 30 14 tE 8TH PL 2,5 26 21 22 23 24 27 28 TRACT A u REmTp LAmD u� ACM i WA-M-C�� RE— D- 0 24 SIMXT 1 OF 1 *rli PLANNING/BUILDING/ +* PUBLIC WORDS DEPARTMENT mu ` M E MM E M O R A N D U M DATE: August 14, 2006 TO: Larry Warren, City Attorney FROM: Juliana Fries, Development Services SUBJECT: Aspenwoods Final Plat — LUA06-025 Release of a Native Growth Protection Area Covenant Please review the attached Release of Restrictive Covenants document as the legal form. The release is for the Aspenwoods plat site, that is subject to a Native Growth Retention Area (NGRA) Covenant recorded under Recording Number 9901190220. King County was the original holder of this Covenant and the City of Renton, as the successor to King County, became the holder of this Native Growth Retention Area (NGRA) Covenant upon its annexation (Ordinance No. 5096). The Native Growth Retention Area (NGRA) Covenant was established for the purpose of dispersing and treating stormwater flows and was subject to restrictions applying to vegetation removal. According to the document, the release of this Native Growth Retention Area (NGRA) Covenant was conditioned upon the review and approval of a new drainage or site plan by King County's Department of Development and Environmental Services or its successor. The Aspenwoods Preliminary Plat was approved and a drainage system designed per the 1998 King County Surface Water Design Manual has been installed. It is staff opinion that the condition which permit the termination of the covenants has been achieved. It may be of assistance with this request, please call me at 430-7278. Thanks cahard worklaspen woods platlfinaI platlwarren_cov_reLdoe Juliana Fries - Aspenwoods-Native Gro, 'rotection Area Covenant Page 1 From: "Robert Cavness" <robert.cavness@drstrong.com> To: <jfries@ci.renton.wa,us? Date: 08/11/2006 3:25:55 PM Subject: Aspenwoods-Native Growth Protection Area Covenant Juliana, There is a Native Growth Retention Area Covenant existing on the proposed Aspenwoods subdivision site under File No. 9901190220, Records of King County. I have attached a copy of this document for your review. This site has been reviewed by the City of Renton's Planning and Public Works Departments- The City has reviewed and approved the engineering for the storm water and storm retention facilities on this property. Therefore, in accordance with the last paragraph of the filed Native Growth Retention Area document, we are requesting that the City of Renton, as the successor to the King County Department of Development and Environmental Services, terminate this Native Growth Retention Area Covenant. Thank you. D.R. STRONG Consulting Engineers Inc. CIVIL ENGINEERS PLANNERS SURVEYORS Robert O, Cavness, P.E-, P.L.S. Project Surveyor 10604 N.E. 38th Place Suite #101 Kirkland, WA 98033 Office: (425) 827-3063 Fax: (425) 827-2423 The Jay Group, Inc. Landscape Architects, Civil Entineers and fnvironmenfal Consultants March 18, 2003 City of Renton Dept. of Planning/Building /Public Works Departments 1055 S. Grady Way Renton, WA. 98055 Tracking Number: LUA-06-025-FP (I_ND-10-0424) Project Name: Aspenwoods The Jay Group has addressed the comments made by Development Services. All items have been responded to according to comments provided and are in basic design compliance with the City of Renton Codes. 1. Item #1, The plat tittle has been c.hann,ed to "Aspenwoods" and land use number and land record number have been added. 2. Item #2, Item numbers 34, 35, 36 have been addressed and unfrozen on plans to show Street Trees. 3. Item #3, Item 37, Site obscurin- landscaping has been added adjacent to the Detention Tract. The fencing has been called out to be a Green Coated Vinyl Fence with plantings between the fence and sidewalks. 4. Item #4, Item 39, a detail has been added to sheet L-2 showing the retaining wall and the distance to the property line as well as how to plant. Geo ge Kaage Lands pe (rcrect The Jay Group 1925 5' St. Marvsville, WA. 98270 JUL 1S2006 1927 - 5fh Slree4 • Marvivilie, WA 98270 • (360) 659-8159 • Fax: (360) 651-7152 • e-mail: mail@laveroupllc.com Harbour Homes Inc_ July 19, 2006 Juliatma Fries City of Renton RE: Aspcnwoods Dear Jul ianna, Seatile (253) 838-8305 Taconic (2531 925-0533 Smith Pugei Sound Biawrh Fax (253) 838-3990 33400 9th Avenuo Snulh. Suit(' 121). Federal Wav, WA 98003 www.harbourhomes-coai Pi roFp�N%N CEI 4k 9 2006 8U/tD11NGDrV1g1ON Included are six copies of the revised landscape acid irrigation plans for Aspenwoods. The Jay Group is the engineer for these plans, and George Kaage may be reached there at 360-659-8159. You may keep me as the project contact, but any design questions should be directed to George. Thank you. Sincerely, Jeff Earle Harbour Homes, Inc. Land Development Manager ph: 253-838-8305 fx: 253-83 8-3990 www.HarbourHomes.com Y m )+ Kathy Keolkcr, Mayor CITY JF RENTON MEMORANDUM Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zaneila L. Ponies Assistant City Attorneys Ann S. Nielsen Gartann Newsom II SIll awn E. Arthur SERVICES CITY OF RENTON To: Juliana Fries, PBPW JUL 14 20D6 EIVEDFrom: Lawrence J. Warren, City Attorney IVFM Date: July 12, 2006 Subject: Aspen Woods Final Plat LUA 06-025-FP Revisions to the Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods The northern portion of NE $"' Ct should be mentioned in Article 2 as should access easements. Both are referenced in Hearing Examiner Recommendation 7. Otherwise, the Declaration is approved. Lawrence J. Warren LJW:tmj cc: Jay Covington Kayren Kittrick Gregg A. Zimmerman, PE Post Office Box 626 - Renton, Washiugton 98057 - (425) 255-8678 / FAX (425) 255-547z4 This paper contai^ ; E0'bh-ecycled material, 30%post consumer RENTON AHEAD OF THF. CURVE -Y Q PLANNING/BUILDING/ s �- ♦ PUBLIC WORKS DEPARTMENT 4NT'Vo; M E M O R A N D U M DATE: July 10, 2006 TO: Larry Warren, City Attorney FROM: Juliana Fries x 7278 SUBJECT: Aspen Woods Final Plat - LUA 06-025-FP Revisions to the Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods Please review the attached Draft Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen woods document as to legal form. A copy of the Hearing Examiner's Report dated March 1" 2005 is attached for reference and your use. Recommendation 7 states that "A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements landscape Tract B, access easements, stormwater Tract A) of this development. A draft of the documents(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat." Note: Tract B referenced in the preliminary plat will be dedicated ROW. Landscape and maintenance is required. See attached plat map (highlighted area). Should there be a description (i.e. northern portion of NE 8th Ct) of the landscape area in the CC&R's? The plat has a detention/water quality pond, landscaping areas, and fence around the pond. The consideration by the Council will be August 2006. If I may be of assistance with this request please call me at 430-7278. Thank you. cc: Kayren Kittrick LUA06-025 :'' REXORDED AT THE REQUEST OF AND 20051010001070 AFI'FR-RECORDING RETURN TO: OGE881 Oea 1eta 15 KING COUNTY, WA Narthyrard Properties Attn:. Ricfiard:A. Gilroy 1560140th Avenue, Suite 100 Bellevue, Waslliing". 98005,;',:,,-' Reference numbers of related-tlocumenty Nt /A Grantor: WEDGEWOOD LANE LLC, a Washington ,l mitod liability company, and HARBOUR HOMES, INC., a Washington corpoxa#ion Grantee:I.: `-�BOUR HOMES, INC., a-Wasli n:gton corporation, and WEDCEWOOD LANE LLC, a Washington limited liability corapany "` Legal DescriPtion"(abbreviated): Por. S1/2 NElI 'Sec 10, Twp 23 Assessor's ;-Na cel Nos.: 102305-9004- 1023305-90nn17:::"lQ2#3�05,�9344; 1�0230``5-9435 and 102305-90.68 �I EflI V IV..•' ::'DRAINAGE SYSTEM INSTALLATION, MAINTENANCE.::- AN!) AND RELATED COVENANTS This .DRAINAGE SYSTEM INSTALLATION, MAINTENANCE, AND REPAIR EASEhiif TS AND RELATES "COVENANTS instrument (this "Instrument") is made this 9th day of September,"*20(�5 -6y 4nd, between WEDGEWOOD LANE LLC, a Washington limited liability ocmpany- .- edgewoc�d"), :and;. HARBOUR HOMES, INC., a Washington corporation ("Harbouel, with respect to the following facts. RECITALS A. Wedgewood is the owner of the real p operty loedted.,in the City of Renton, Washington that is legally described asfollovus (the " Vedgewt, od ioperV ): Parcel "A": The West half of the South 10 acres of the Nortlh-.50.a.cres of -'the e Ea8I'half'of,:.:... the Northeast Quarter of Section 10, Township 23 Nortb Rayige 5.:Easf of the' Willamette Meridian, in King County, Washington. EASEMENTS AND COVENANTS Page I i U f� Parcel "13". Lot'C of King County Boundary Line Adjustment No. L04L0055, according to .survey Fecorded December 23, 2004 under Recording No. 20041223900001, in King County,.. Washington. Wedgewood is planning t6 deyelop a single-family residential subdivision on the Wedgewood Pfr perty aid; `to that end, as filed. m'appUcation with the City of Renton (the "City") seeking preliminary pla# approval:. fad a 404ot..suSdivisi�on under the name "Wedgewood Lanc Div. 3". (The City has assigrled File.No. LUA 05 -08610,4l4 application.) B. Harbour is'the,owner of the'reatproperty located in the City of Renton that is legally described as follows ,(the " ffarbour property"): Parcel A: Lot B of King County 136undw-y. Lime A'djustme't :No.,199L0022, recorded under Recording No. 20000106900008, iti King CotMty„Washington. Parcel B " , > Lot.-2 ©f King County Short flat No. L99SOQOI aecorditig to ..Short Plat recorded February 19, 2003 under Recording No. 2403021000003. in Ding County; Washington. Parcel C: Lot 1 'King Co=iy Short Plat. No. L99S0007, recorded under Recording No. �b03021-9900003 Recants of King County, Washington. C. T1e, Harbour; Property . abuts' a -portion of the Wedgewood Property's west boundary. D. Harbour is planning t©: develop a:46-16t sirigle-family residential subdivision on the Harbour Property undef the, i ame "Aspen Woods" ar►d'has obtained preliminary plat approval from the City for its planned developrnent..unde'r City File,No.. LUA 04-143. E, In conjunction with the irifrastr eture :eonstructioq for'. the Aspen Woods subdivision, Harbour plans to construct a storniWater defenti�n ponci facility -within the Aspen Woods subdivision's planned Tract A, a tract that-4ill abut: a portion: `of the Wedgewood Property where Wedgewood Div, 3 Lot 1 is planned. The design of. t4at facility, which. has been prepared by D.R. Strong Consulting Engineers, Inc., is set $6r6on S1 iw§ C-& and QJ3-... of the City -approved civil construction drawings for the Alpert ,Woods subclvis,#orf project. EASEMENTS AND COVENANTS —Page 2 (Tlkc stormwater detention- pond facility to be constructed within the Aspen Woods subdivision's planned Tract A is referred -to herein as the "Detention Facility".) F.. Because of the Aspen Woods site's topography, in order to achieve a ' stormwater discharge.... from the Detention Facility toward a downstream wetland that lies along a porti©za.;o'f the Wedgewood.Troperty's east edge, Harbour wishes to install both (1) a drainagd discharge :conve.yance, ,pipe from the detention facility through a certain portion of the Wedgewood ,Property. aibng Witii appurtenances thereto (collectively, the "Conveyance Pipe") and (,2) a;`drairiage' outlet sy�tem.'on a connecting portion of the Wedgewood Property along ti i#h appurtenances thereto {collectively, the "Drainage Outlet System"). The design of the Conveyanwe Pipe, and`the .Drainage Outlet.,System, a design that has been prepared by D.R. Strong Consulting EnginE ers, Inc.is.;s t`ferth on Sheets C-8, C-10 and C-12 of the City - approved civil construction drawings for the Aspen Woods subdivision project. G. To accommodate the'Cohveyance Pipe, il�c City,,o:�_°Renton has required that Harbour obtain a 15-foot wide-perrn anent drainageeaserr ent Aver, under, along and across a portion of the Wedgewood Property (legally: describcd: X x E j ibzt 1 and graphically depicted on Exhibit 2) (the "Conveyance Pipe�Raserc ent,Strip"). Becau'se m-=h--of that strip will lie within the portion of the Wedgewood Property fl at "WVedgewaod will ultimately dedicate and conveye the pity as right -of --way for public street: purposes it conjunction yvith the Wedgewood,, Div. `3 final plat, the casement for' the: Corive�ance"'pipe must" provide for automatic s60rdi44tion to the City's street right -off 3u_4; 4nd easement's Created by the Wedgewood Div. 3 final plat once that plat is approved by 'the `City and reeorded with the King Cou my Recorder. As set forth below in this Instrument,,,,4�.edgewi od; is willing to provide; Harbour vvith,suoh.an easement. H. To :accommodate the installation, operation, maintenanceland repair of the Drainage 0uflet_ yst�e ,..the City,.of.Renton has required. that Harbour obtain a 15-foot wide permanent drainage, easemei t;civer, under, along and across a portion of the Wedgewood Property (legally..deseribed:6in'Ex ibit 3 and graphically depicted on Exhibit 4 (the "Drainage Outlet System Easement Slrxp"). As set forth below in this Instrument, Wedgewood is willing to provide such an eaacr ienf, I. Both the Conveyance Pipe and the ,:Draiirage ?utlet System will have perpetual operation, maintenance and repair needs .`and .will have other. obligations and liabilities associated with them (including, without limitation, regulatory compliance obligations and liabilities). J. As more particularly described in this Jnsi mesnt, :.in .in, to induce Wedgewood to grant the above -referenced easements for the Conveyrance Pipe and the Drainage Outlet System that Harbour seeks to acquixe from,:'Watlgewogd,..- Wedgwood requires that: EASEMENTS AND COVENANTS —Page 3 (1) Harbour provide Wedgewood a "covenant running with the land" with such covenant to perpetually burden the Harbour Property and ;perpetually benefit the Wedgewood Property and its owner(s) over the course of time, whereby Harbour obligates itself and its heirs, personal representatives, successors and assigns t to: (a) Obtain :all` required governmental approvals prior to installing the Conveyance Pipe and the Drainage Outlet System Onoliding, ,tithoiA limitation, approval of any government - re uired mitigation for: the Drainage Outlet System intrusion into: the ;dowhstrear : wetland's buffer within the Wedgewood Pryp erty-the"Mitigation"�}, (b) Obtain approval from: Wedgewood of.the design of the Mitigation if any Mitigation is required (which approval is not to be un''easonably vwithheld`or::deldyed.)..it `order to make sure that the design' (i) :- reasoAably'i*grate .- with and does not conflict with ahi aspect of WedgeWood-''Div:.. 3 or the construction of future homes' on.l. e.-WedgevQ od„Div:'3 lots and' (ii) wilI not jeopardize: o; impaii the likelihood oWedgev�+ood obtaining any required approvals for.. ore its'planne ' W edggtivogd Div. 3 subdivision; •(c) ;' Install not later than December 1, 2005 and„perpetually operate, maintain and repair thereafter the Conveyance:-' Pipe, the Drainage Outlet System and the Mitigation (if ah PViitigation is required by the City); ' The parties intela.-that gdee:the Asperi :Woods final plat has been recorded with the King County Recorder, Harbour and its heirs, personal reproser1tatives; successors and assigns with respect to the Harbour Property may have%.'Jhe A-spenwaods .:NW.. Horxieo�vners Association (the homeowners association for the planned Aspep Woods si ibdivisioil deyelopmeut the "Association") perform the operation, maintenance and repair-- of-- the .Conveyaat;e Pipe:: and; the Drainage Outlet System but the owners of the Aspen Woods lots shall at aIi times remain jointly.,and severally liable to Wedgewood and its members, manager(s) employees; agents, heirs, personal representatives, successors and assigns in relation to the Wedgewood Prdpt rty (and, to the City) .far the .:complete and timely performance of those operation, maintenance mid v*aif obligations in the event that.44 Association fails to timely perform those obligations or the Association ceases to exist;.' Z The parties intend that, prior to the commencement of ;.Ha boui''s .initallat can :'of eith&- -the Conveyance Pipe or the Drainage Outlet System, Harbour obtain (and_provide to WVedgewood) a lettibr :. from the City of Renton Development Services Division's Director -either .(1) �approvin'g:a specific construction plan for the Mitigation or (2) stating that no Mitigation, is required. EASEMENTS AND COVENANTS --Page 4 (d) Indemnify, defend and hold Wedgewood and its members, manager(s), employees, agents, heirs, personal representatives, successors and assigns harmless from and against any and all claims and liabilities (including attorneys' fees that Wedgewood may incur in responding to any such matters) arising from or relating to the, installation, operation, use, maintenance, repair -replacement.. of the Conveyance Pipe, the Drainage Outlet ,:System and/Qr;the Mitigation (including, without limitation, any regulatory compliance claims and liabilities associated therewith suc11' ` as ..the ,NVDES stormwater general permit covefage.. that harbour .will' have to obtain from the State of Washington . Deparhrient, of Ecology and maintain in effect for the period of tiixie `requied by that Department or otherwise required under applicabto la�y)i�and (e) Accept (at any time following -the recordi ig;bf the Wedgewood Lane Div. 3<final plat) a conveyance" of: open space and storm drainage tract pportibn of the Weciod.---) roperty specified by Wedgewood that; at a miramum, encompasses the. Drainage., Outlet System Easement Strip (the -"Tract To°13,vrCvnveyed",, the: currently -contemplated f4ouv' vvhicl is..depieted-on Exhibit , attached), by quitclaim deed or s therwise, wv th,;the conveyance of such tract subject to: (i All then -existing easements, encumbrances and land use restrictions; and (ii), ` Such easements as Wedgewood and its heirs, personal �,`repits2nt4tives, successors and assigns might reserve across the. Tract To Be Conveyed that are not incQhsistent: with the Conveyance Pipe, the Drainage Outlet a W the Nfitigation, including without limitation easements relating ; to., (A) the installation, use, maintenance and repair of &.trail across such portion of :14e Tract To Be Conveyed:'as' Wedgewood specifies and (B)"t'lie use of. the:Tract To* Be, Conveyed for open space for Wedgewood Lane, Div,... 3 '(aneiuding without limitation . the "City's .:oreditin� of the Tract To Be Conveyed as apcn:" space for Wed$6 ood Lane Div. 3); and (2) The easement for the Conveyance Pipe:, : provide ;.'for aiitbmati� subordination to both (a) the City's street right-Qf way --'once that right- EASEMENTS AND COVENANTS --Page 5 of is dedicated and conveyed to the City and (b) the easements created by the Wedgewood Div. 3 final plat. set Earth in this Instrument, Harbour agrees to all of those requirements. K In•'Sectioii 9 of an August 23, 2005 unrecorded "Agreement Regarding Land Developrrment-Kelated..Matkers:'' (thc "Unrecorded Agreement"), the parties agreed to execute 'aud record :#his In ti�urient ivitli''the: King C.aunty Recorder. VJHERE>~:OkE, ` u�itl ` respect€o these facts, the parties hereby grant, covenant and agree as follows: 1. Wed ewood's Grant of Easement to Harbour Over the Conroe ante Pipe Easement Strip. Wedgewood bereby grants,Harbour -a perpetual!.easement for installation, maintenance, repair and reconstruction of the`Cdnveyanca. Pipe over, under, along and across the Conveyance Pipe Easement 8trii ; provided,,-hb.we�er, •:that; in conjunction with the Wedgcwood Div. 3 final plat, 6 the extent that a ;porno o£"that strip (a) is ultimately dedicated/conveyed to the City as public street right-of-way (qii the-finRl plat or otherwise) and/or (b).tiltirnately lies within easements) creato&by the' Wedgewood Did, 3 fnat plat, this easement'shall automatically be deemed subordinated ta.; fhe:Evity's ght-off wa3 and to the easerrrent� created by the Wedgewood Div. �: inal PStreet„ri lat,;once• that"plat is:approved by the City and recorded with the King County Recorder. This P.iisegient.,sha-11 (a),:iw:'witki the land, benefiting :the Harbour Property and burdening Conveyance Pipe Easement Strip,..(b) inure to the benefit of 14arbdur and its heirs, personal representatives, successors.- artd amigns, and (c) be.ainding upon `}U'edgewood and its heirs, personal representatives. successors and assigns. (Tf any ::lVli gatiQn:: is required by the City, Wedgewood's approval' o f the` design of the Mitigation shall:be a pre_condition to Harbour's right to exercise the easemwti' set forth in this Section 1 and.:&`easdineAt set forth.in Section 3, below.) 2. C veilant tG!" rant -the Citv a Drainage Facemerit Over the Partinn of the Conveyance Pine Ease!p6nt Stun That Will -Lie Outside of the Public Street Right -of - Way. Wedgewood her-oby covenants to' Rarbour that, on the Wedgewood Div. 3 final plat (if and when that final plat is recorded yith the ling County Recorder), Wedgewood shall grant the City a drainage ease=4.19ver the.. portion. of the Cdiiv. nee Pipe Easement Strip that will lie outside of the public street::xiglit-of way. ::'T his covenant -.shall (a) run with the land, benefiting the Harbour Property and burdenirng.the Cogz eyance Pipe Easement Strip, (b) inure to the benefit of Harbour and its heirs; .personal represeni'a es, successors and assigns, and (c) be binding upon Wedgewood and its :Heirs, personal.:representatives, successors and assigns. . 3. Wedy-ewood's Grant of Easement to Hirbaur Over..the D a- nape Outlet System Easement Strip. Wedgewood hereby grants li aA .qpr '. a.' p.. Li l:': eas6m� nt : - installation, maintenance, repair and reconstruction of the Dz�ainago Q'btle't •Systein over, under, along and across the Drainage Outlet System Easement Strip. ' 'his "oaseme0t shall' (a) EASEMENTS AND COVENANTS —Page 6 run. with the land, benefiting the Harbour Property and burdening the Drainage Outlet System Easezaient Strip, (b) inure to the benefit of Harbour and its heirs, personal representatives, kiccessaf5 and assigns, and (c) be binding upon Wedgewood and its heirs, per ;:i;vresq�tativcg; successors and assigns. 46- ffarbour's Covenant to Wedgewood. Harbour hereby covenants to Wedgewood that Harbour.,shall:., ;' (} Obtain all required governmental approvals prior to installing the ConveY4�i .6 Pipe and the Drainage Outlet System .(ine� din , w .thout limitations, the Mitigation }; (b) Obtai]T approval`from Wedgewood of the design of the Itiriiti tion. if any ;is required`(which apj royal is not to be unreasonably urithheld or.-delayed}.'in order. to;�nake sure that the design (i).xeasonably integrat s .with attid- dues not conflict with any aspect"6f Wed9ewood:biv:'3:,:6r the construction of future homes on the W edgew©od Div. 3 lots ;and .(i) will not jeopardize or impair the like lihood of %We,6gewood-`;,obtaini sg<: any required approvals.: for its planned VV'edget!oocl Div. 3.: subdivision; (c) Install not later than December 1, 2a05::axsd :perpetually operate, maintain and repair thereafter the Conveyance :Pipe; the Drainage Outlet System and the Mitigation (ifany Mitigation is required by the City); (d) :''lndemn#fy, , defend and hold Wedgewood and its members, =.' manager(s}, employees, agents, heirs, personal representatives, �; 4uccessors an4d. assigns harmless from and against any and all iabtlitiEs (including attorneys' fees that Wedgewood clairi s`and-1 -Inlay meal` in resp6nding='to apy such matters) arising from or relating 6.,1he. installation, operation, use, maintenance, repair and replacemenC of the Conve'nee- Pipe, the Drainage Outlet System and/of the Mitigation (incl sding&' - without limitation, any regulatory compliance,:: claims and liabilities associated therewith such ..as the NPDES :stor�nwater general permit coverage that Harbour will ]lave "to dbtai-n-,.from:: the State of Washington Department of Ecology and:maintairi iri•effect for 3 Prior to the commencement of Harbour's installation of either the Cvilvey'afice PiN;or th`e I. rawge Outlet System, Harbour shall obtain (and provide to Wedgewood.) a.:lette`r .from ihe,.,City of Renton Development Services Division's Director either (1) approving a specific ;constructiors,:plan for the Mitigation or (2) stating that no Mitigation is required. EASEMENTS AND COVENANTS —Page 7 the period of time required, by that Department or otherwise required under applicable law); and `(e) Accept (at any time following the recording of the Wedgewood Lane Div. 3 fi nal plat) a conveyance of an open space and storm drainage tract portion of the Wedgewood Property specified by ,..-...W6dgewo6d that, at a minimum, encompasses the Drainage i-Ou*:Systew..Easqwpnt Strip (the "Tract To Be Conveyed"), by::4 claim;deed' or otherwise, with the conveyance of such tact rg�sti. be ct f:-:: �11 th6n-existi-og.e .4sernents, encumbrances and land use restrictions, and (ii) SU6 easements as'Wedge'Wood qjiddts heirs, personal r6presentativqg,sucqessqrs and,-,4ssigns might reserve across. the -Tract :.'ro `13.s: ConVbyed that are not inconsistent' with fhe Conveyance Pipe;, --the Drainage Outlet and the Mitigatiqp, inclu ding without fjimitatibr:�Y:'-:; � easements relating to,.(A) the ffist 'ation, maintenance and repair of trail6cr6s9 such portion the Tract To Be Convey6d,. �`W-:&dgowood sp6cifies and (B) the use of the Tract To Be Conveyed for.-:bp6n space for Wedgewood Lane Div. -3. Jii.wludihg: without limitation the City's crediting of t6c ,Tract To Be ...:Conveyed as open space for Wedgewood:-Lane Div. 3) This:,covenapt"shall (a) rah with theJ and, benefiting the Wedgewood Property and burdening the Haib'0-13'r Prb."perty, .:.(b) .inure' to' the benefit of Wedgewood and its heirs, personal representatives, '-5uc6essors.,-.`6d aSstps,. and (c) be binding upon Harbour and its heirs, personal represeik-atives, successors and assigns,-. If and when the Aspen Woods final plat has been recorded wfth'the King CoCtnty Recorder, Harbour and its heirs, personal representatives, successors and assigns with .. respect to the: Harbour Pr'qperty may have the Aspenwoods NW Homeowners Association (the homeowners associatioh:--fbr the planned Aspen Woods subdivision development thc::"Ass6ciation!') pQifbrffi the operation, maintenance and repair of the Conveyance Pipe and the Drainage Outlef Sy�stefn but the owners of the Aspen Woods �� Wedgewood lots shall at all times remain jointly and severally liabl "0 to: and its members, manager(s) employees, agents, heirs, perso�i�al .sors and assigns in relation to the Wedgewood Property (and to: the ..City..)' far the complete... and timely performance of those operation, maintenance ana.Tep ., air :`obligati6ns-:1a:the eveftt that the Association fails to timely perform those obligations or th6 A§socjatioli C"C'asesjb, exist. EASEMENTS AND COVENANTS —Page 8 S. Effect of Successors. This Instrument and all of the terms and provisions hereof 'shall inure to the benefit of and be binding upon the heirs, executors, personal pepresen atives, successors and assigns of the parties hereto. 6.::. :Partial Invalidity. If any provision of this Instrument is, becomes, or is deernod illegai,..st ch pi6vision shall ' be deemed amended to conform to applicable laws so as to be v4d and enforceable, if it.cannot be so amended without materially altering the :intenti6n of the p O'es, it shall be stnckcn a4.4 the remainder thereof shall remain in full force and cffeqt. 7. Entire AU.eement fhis IhstruliaeAt contain the entire agreement between the parties relative ". to4hc:, subject matter 'contain ed he, rein and correctly sets forth the rights, duties, and obligations of the. -parties. " oral: -'representations or modifications regarding this Instrument shall have ahy f� rce or eact. 8. Heading. Th6.aecfionand,' :agroh-headings- in --this Instrument are for the par convenience of the parties only acid fid ate not inlend6d to:'inoif� or!klefine them in any way. 9. `:' No Partnership. None of the. tos'-or provisions -:of this Instrument shall be deemed to creat6--a partnership between or among the,.parties , �erot :-:hor:�haIf..-.it cause them to be consideredJoinf-Yenturers or members of any Jdirit enterpPse., 10.... Attobgys' Fees. If any party shall bring ari. ' action- igai,gst..Any.. other party und6r thi�'Instumeht by reason of the breach or alleged violation of aU" Yd6vehant, term or .. olrligatidn heteof -br for -the enforcement of any provision hereof o"t'' th ' 'so.."arising out of 0 er W1 i' this Inkrum'ent, the prevaillug party in such suit shall be entitled 16'i6 costs of suit and reasonable : 'attqj�e.�'p action is s' fvcsi which shall be payable whether or not such actiois prosecuted to judg*party" "Prevailing rty,; withia the meaning of this paragraph shall include, without hmitation,"'a party Who di . Ismi rises an action for recovery here -under in exchange for payment of the sums allegedly' --glue, jr"fbrmance of covenants allegedly breached or consideration substantially equal. to the #libf sought ight in the :action. 11. Release of Oblfka!Lons. In the everit that any owner of the Wedgewood Property (or any portion theiepf) or of.-th& Harboui'P :`�(pr any portion thereof) shall sell, rQpert y transfer or other -wise terminaie'Its kiierest as ow.# er.o'f said -pm.pqty or portion thereof, then, from and after the effective date of such sale, transfer: or termination of interest, such owner shall be released and discharged from 'a -.ny aild alf'sobfigaiio�, responsibilities and liabilities under this Instrument as to the, paso sold 0 . rtr.zffisftrr4ex.,,c'ept.-t.4Qsedwnago sorliabilities (if any) that have already accrued as of the date.4 such, sales '-transfer- or termination of interest and any such transferee, by acceptance of the transfer of such interest, shall thereup'%bn become subject to the covenants and other provisions contained inzihis:lnstftument. 12. No Merger. Ownership, at any time, now or in the, ffi6ire 6f all or.Any por tion of or any interest in the Wedgewood Property and/or the Harbour Piop6Tty Eby the same Person EASEMENTS AND COVENANTS —Page 9 or entity that then owns all or any portion of any other interest in the Wedgewood Property and/or the Harbour Property shall not create a merger of title, estate, or other merger, and sk a1j'therefore. not terminate a]1 or any portion of the covenants or other terms or provisions of .;this Instrument., as they apply to such properties or to the respective owner(s) thereof, and such covenant and. -.other ..terrns and provisions shall remain in full force and effect regardless of any of the aforementio ied common ownerships now or hereinafter existing. 13. C(1iistruct, n- This -Instrument and each of its terms are deemed to have been explicitly: iegotiated,:amohg..the pat-lies,,•and the language in this Instrument will be construed according to its €4ir neaning'and not; strictly: £or of against either party. . "Wedgew+o�d": W,.EDGEWOQI3,LANE LLC, a;Washington Iimited :liability company: By: Land Trust, Inc:, a Washington corporation, Dated: September 2005 its -,Manager By: Richar&4,; Giliroy, -its p sident' "Harbour": ._II#j.RBOUR HOMES, INC., a Washington corporation Dated: September Gt : 20.05:, s,t Lagers,. it and cquisitions Manager STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of September, 200.5.; beiere :rne,:fhe:iindersigned;. a Notary Public in and for the State of Washington, duly commissioned.incl-:swoni, pers-bhallyappeared RICHARD A. GILROY, to me known to be the person -who .signed: as ;President of Land•. . Trust, Inc., a Washington corporation, the manager of Wedgewavd Lane tLC,'a-Washineon limited liability company, the limited liability company that 'executed"'the, w thin Aj d EASEMENTS AND COVENANTS —Page 10 foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation and said limited liability company for the uses and purposes therein 1P 1eniion d; and on oath stated that he was authorized to execute said instrument on behalf of .said corporatio t and that said corporation was authorized to execute said instrument on behalf of said limited ability. company. IN WITNESS ,11lERBOP I have hereunto set my hand and official seal the day and year fiat above w. it 3A `. T .,, (Signature of Notary) (Bdnt.orstamp name;bf.Notary) or p 'r' NOTARY I'CIBLIC:.:in and for the State of Washington, residing at ;ric - My40pointm6nt,expyres: fr a STATE OF WASHINGTON ) ss. COUNTY OF KING ] On:�Iis ` day of September, 2005, before me th&undersjgneti, a Notary Public in.and £or the State of Washington, duly commissioned and sworn„•.pe §onally appeared JUST1t'VLAGtRS to �e.,known to be the person who signed as Ladd ct}uisitions Manager of Harbq- zT.Ilomes,. Inc., a Washington corporation, the corporation that ,�xeWted the within and foregoing it strument;.,and_acknowledged said instrument to be the free -and voluntary act and deed of said:corporation for the..uses and purposes therein mentioned, and on oath stated that he was I'. tQ> execute°said instrument on behalf of said corporation. IN WITNBSS WHiREOFI have hereunto set my hand and official seal the day and year first above wriiten, '��.►aaaa�tta ':. :' :' � �F ..... +l : (Sioatui maryy Cho-. Wj (Print or stamp name.o£Notary) ~ No tARY.PUI3LIC in and for the State ij, 0 ? -�, � of Washington; residing at.: ss,F WASNIN_�-` ~ my appointmmt t~xpires: a !4t\1k11\ti CXR214710I91Wedgewood Marbar HotneADminage System Easement and Covenant Final 2 0-6-0540c EASEMENTS AND COVENANTS —Page 11 J iAA.i. U.lA 4A LEGAL :pESCR1ZY'1'.CON OF TBE CONVEYANCE PIPE EASEMENT STRIP COMMENCING AT THE EAST QUARTER CORNER OF SECTION 10, TOWNSHIP n NORTH, RANGF 5 EAST, W.M., KING COUNTY, WASHINGTON, AND PRdCEEDING ALONCa THE::EAST-WEST CENTERLINE OF SAID SECTION 10, NORTH 88°-2a'D2" WEST A DISTANCE OF 1324.70 FEET TO THE SOUTHEAST.'CO� NE:k.6F LOT 1, K1NG.COUNTY SHORT PLAT NO. L99SO007 AS RECORDED UNI)tk KrNG:COQNTY,RECORDING NUMBER 20030219900003, THENCE, ALONG THE EAST LM OF, SA 7 `IiOT 1, NORTH 0fl°fly*48'* EAST A DISTANCE OF 247.63 FEEVTO TII1x TRLE POINT OF BEGINNING OF THIS PERMANENT STORM DRAINAGE EASEI(�, THENCE CONTINUING NORTH 00'05'4R":;EAST ALONG SAID EAST LINE A DISTANCE OF 15.01 FEET, THENCE SOUTH 88."1949" EAST DISTANCF-.QF 96.34 FEET, THENCE NORTH 3 8-5'43".LAST A blStANCE bF50.63 FEET, THENCE NORTH 42°57'2T EAST A DISTANCE OF.11.50 ft. T, THENCE ALONG A CURVE TO THE I OMIT 12,fIM A RADWS OF 76.00 FEET THAT BEARS SOUTH 81°44'49" BAST FROM ITS.CENTER THROUGH A CENTRAL ANGLE OF 21042'31"ALONG AN ARC I:ENGTH OF 28.80 FEET, THENCE SOUTH 07°06' 15" EAST A DISTANCE OF 6.26 FEET;' THENC9-SOTJTH 38051'43" WEST A DISTANCE.OF 38.26 FEET, THENCE NORTH 88°19'49" WEST A DISTANCE OF 103.38 FEF i TO 'ICE• EAST - LINE OF SAID LOT 1 AND THE TRUE POJNZOY BEGINNUI qJF TWS PET STORM DRAINAGE EASEM)IT. ; AIL SITUXTE IN THE SOUTHEAST QUARTER OV:tHl NORTHEAMT QUARTER OF SECTION Iq, TOWNSHIP 23 NORTH, RANGE 5 EAST., W.M., KING COUNTY, STAT•`E OF WMMNGTON. 0 C "a$ F)PJ 0 tilldrkrand woaume„vu�.l u taafcc4E„u-osn6o�-R�C.dn c ,HIS QoQ.UMENT IS�:RECORDED I� rtr� , — it► r- ..._..._ _Z- r GRAPHIC SCALE zS 0 25 s0 Igo i i INCH —50 FT. 3 1.1N1E TABLE UME LENGTH BEARING L.5 6.25 L6 t1.50 5T2 " Li iS.Dl DDro d L5 Y TABLE CURVE FxHmlrr $3' LEGAL DESCRIPTION OF TIM DRAINAGE OUTLET SYSTEM EASENICNT STRIP COhMMCfiNG AT THE EAST QUARTER CORNER OF SECTION 10, TOWNSHE� 23 NORTH, RANGE 5 EAST, W M., ICING COUNTY, WASHINGTON, AND PROCEE6ING AL0'NG THE EAST -WEST CENTERLINE OF SAID SECTION I O NORTH 8S°20.' 02" WEST A DISTANCE OF 1324.70 FEET TO THE SOUTItiEAS7 CORNEI�'OF LOT 1, KING -COUNTY SHORT PLAT NO. L99SO007 AS ktCORDW:UNOFIZ KING CC3 tT.Y REWARDING NUMBER 20030219900003, THENCE';ALONG THE EASTLINE OF. SAID �,OT 1, NORTH 00°05'48" EAST A DISTANCE.OF 244.31: FEET THENCE S6t7-M 88-20'02" EAST A IiISTANCE OF 58.54 FEET, THENCE ALONG A CURVE TO THE V F"T WITH A RADIUS OF 76.00 FEET, A CENTRAL ANGLEQF 61042'14" ALONG ;AN G LENGTROF 81.85 FEET TO THE TRITE POINT OP BEGINNING OF :AN PEPAANENT STORM DRAINAGE F-ASEMENT THENCE SOUTH 07°0615-' EAST:A DISTANGII 'OF 4..26 TFEET. THENCE NORTH 38051'43" EAST A DISTAtNCE OF 19,29 FEET, THENCE NORTH 42°57'29" EAS}F A DISTAINCE OF'S60 FtET, THENCE NORTH 57°21'40" EAST 'A DISTANQE OF 9,28 FEET: THENCE NORTH 32-38'20" NEST A DISTAiN6E..OF-I5.04 FET, THENCE SOUM 57°21'40" WEST A DISTANCE:6F•'l I1 FEtT. ,- .:. THENCE SOUTH 42°57'29" WEST A IDISiANCE OF' 41.A3 FEET O THE BEGINNING OF A CURVE TO THE RIGHT WITH;A RADIUS OF 76.0Q FFETT THAT BEARS SOUTH 81 °44'48" EAST FROM ITS'OEINTER WITH A QENTRe4L ANGLE OF:21 °42'29" ALONG AN ARC LENGTH OF 28.'�9 F1 T`'TO TH#� TRUE ]rOXNT OF BEGINNING OF THIS PERMANENT STORM; DRAINAGE EAS�NT. .•. ALL SITUATE IN THE SOUTEEAST QUARTER OF THE NORTHF4ST qUART1rR OF SECTION 1:0, TOWNSHIP 23 NORTH, RANGE 5 FAST, W.M., K1XIG: COUNTY, STATE OF:VA-SHINGTOIN. e� 0 . C� o N 13 �Qisxtt''6 Q. r GRAPHIC SCALE 25 Q 75 56 100 3 1 INCH =50 FT. DRAINAM 4U.TLET SYSF=M EASEMENT STRIP LINE TABLE UNE IENM 1 BEARING : 6.26 } SO s' " 19.29 N L3 -., a 9.28 'E L4 11.17 N5721'40' :L5'':• 6.26 N07LD615'W CURVE TABLE M 0 CUFF LEN&LM RADIUS :AELTA C1 79 ' . 76.OD 28.79j.. 31' '20" 3 tJ ' of WAS W 'ap R` seamep' n R r w'WED.GEWOOD,'PRQPERTY" N O l +U LOW fy m F.'S m ` E1� E • t - 06 `�' � N40 EAST UNE OF PRGPt]SED PLAT OE' ASP 7J N!EYOdS` "HARBOUR PROPERTY! F. ....W m ZLLJ LLLL�Z o _ w I � fL 4 [1 YgWF ®1W5. GA SiPO� �RTw6 bmY9s nL ' ASPEN WOOD.S D EXHIBIT 4 D.R. STRONG S.n.' �' a a, DRAINCkULET 30 24 SYOTSM EAMls T 84RIP _. '.. . 7g (SAME L1' M At IPAPT H) TRACT H OPRd aPAGE/ 4 M-F-."PACT TO � sa (GAT. i 1 $a Pf'�PQS i LIMIMAP-y i-LAT,�* 7I •'��i 14 DRC11YkCE _- ? CIXJBTRJCTIGN _ kblEriT 37FiP 6 ... - „-.SCALF- 1' >rr 4 SEC 10, TWP. 231V, RGE5E., W.M. �PE3a'TANE]if -+8 -ca•IYEYAN=P.IFE �. EA5Erlk t $TRIPCaE . _ rOJ I Ne ]pb Im qs J01 CA -. ....,-... 4 - DESIGN ENGINSk AJNG PLANNINO SuIYFYfNG WEDGEMMD L4NEDAI 3 & PRELIM11MITYPMrr:,UVIBIF 1�T�*1TlGPI/];7ETEhI'1`ION TRACT "rA uN le AMWT fQ goo IS DESIGNED SW DRAWN sw iFFT OF OJECT NUMBER a, DRAINCkULET 30 24 SYOTSM EAMls T 84RIP _. '.. . 7g (SAME L1' M At IPAPT H) TRACT H OPRd aPAGE/ 4 M-F-."PACT TO � sa (GAT. i 1 $a Pf'�PQS i LIMIMAP-y i-LAT,�* 7I •'��i 14 DRC11YkCE _- ? CIXJBTRJCTIGN _ kblEriT 37FiP 6 ... - „-.SCALF- 1' >rr 4 SEC 10, TWP. 231V, RGE5E., W.M. �PE3a'TANE]if -+8 -ca•IYEYAN=P.IFE �. EA5Erlk t $TRIPCaE . _ rOJ I Ne ]pb Im qs J01 CA -. ....,-... 4 - DESIGN ENGINSk AJNG PLANNINO SuIYFYfNG WEDGEMMD L4NEDAI 3 & PRELIM11MITYPMrr:,UVIBIF 1�T�*1TlGPI/];7ETEhI'1`ION TRACT "rA uN le AMWT fQ goo IS DESIGNED SW DRAWN sw iFFT OF OJECT NUMBER STA 17+54.05 12-SIR ,. _—Ergo ROAD-WER1 END FALL STREET OWRLAY in BEGIN HALF STREET I OFERLAY FOR SEWER .INSTALLATION ; 1 1 CONSTRUCTION OF ROCKERIES 1 IN R,O,W, REWRE SKOAL { INFECTION BY A PROFESSIONAL E NGONEfR STA 16+68.51 MOOR I f r,,; inSyaNSTALL 20-1T� I I k ani_ ST. SAWCUT LINE -STA 16+53.51 MOOR TO STA 24+39.82 15.00L NE 1 /4 SEC. 7a66 1 2 3 7,160 S.F. 56643 S.F. _ 5,842 S.F. r� i c TW 479.5 ^ 1 8W 474.0 — I TW 479.a 1B+1&95 HODUTAM AYE. HE 50+00.00 NE 6TH STREET .. � .+-�I-• -r5 - CI f��a-N- � ` .�� - � k l k = 41 42 43 k a 3a 39 5.152 SF. I 5.544 S.F. 5.344 5.F. 5, S.F. 4.817 S.F. 5,203 5.F. I � — a-UufF� AllHPOIN "+34 33 32s1oAY—T STA 24+39.82 15.00L •_�., 5.943 S.F. 3� 3'S I 5,345 S.F. s,a4s S.F. 5.345 S.F. y I I 4.752 S.F. 4,752 S.F. I 13+66.62 HOOUTAM AVE. NE - 79+99.17 NE 71H STREET ADA RAMP SEEI { Ag L AI — — 62 _83 E DETAIL SHEET C7 I -----_4 ." (L ROAD 1 20 21 22 1 n_ 6,524 S.F. 5.314 S.F. y 5,3 4 S.F. 5,31 S.F- 314 25 5S.F. I 5.314 S.F. 5. 1 STA 12+5&77 18.00R _.-- _---" 1 _ END ROAD TAPER STA 12+39.06 10.57L I 1. BEGIN FULL ROAD 5862002E OVERLAY, WIDTH 3LXV I 3017 I - + 5' SIDEWALK RAMP. RELOCATE CHAINUNIK IFENCE AS NEEDED. SAWCUT LINE STA t1+3&77 12,7BR TO— STA STA 12+39.66 10.57E REGRAOE AND RELOCATE DITCH IN ORDER TO MAINTAIN DITCH 4, CAPACITYI STA 11+3&77 12.76R BEAN ROAD WORK. INSTALL I0??05933? TW 478.0 LANDSCA BW 476.0 R.O.W. TW 460.0 _i I I 6•g BW 467.0 �` ASPENWOODwS Lako A PROM ION OF TFE BE 1/4 OF THE SW 1/4 OF THE NE.1/4 , 8EG' M V, TWP. 23 N., PO—= 5 E., WM C rr OF RENTON. KNO COE1 M WA%MTON N. L1NE OF 7}IE S 1/2• SW 1/4, NE 1/4 S 9B18'48" E 4&1,99' /025 �Ir C }[ enoY so.a7 soot' saai' saw 'jJ J Y a GRAPHIC SCALE & 1 $ 2 n 3 4 5 4 +a .o � 7= sasr. = � 8 s.m sarrA 's,aso sarr. � 4au 90A7.� � 1 FINCH AM40 FT. fd Y1AST'r 0 5 t. IEA50tEMT (T1V} �0 '� � 4Fw.9FJIFt/T [TIPS m su sTmwm rm =mTT matAoff YY ---------------� "�---,_� _�—_--^_--_ 6/E' RFBrR Mho GP LWgO ASn-o0' 'ilmr SET AT ALL LOf E f5Q06 - !E 8TH cr iGCORNERS �.� Laa.�S zodor 5aaszahu'E _ ._,.ems m. a.��nrs+ • & 37 8 36 35 34 a 33 ,� 32 31 30 4752 sfo�ft g 4 9Gfr 8 g 435s SQST. 8 &M DL T. g film Bair. v � J a SGFS. � F- Ln •,� 13' �7 t EA1f7M �T1T'} C�1 V `' I - EA4PiiJ�IT J [ w (Tm) & — 2 3 NE 8TH PL z t 20 ' . s,. sa f r 21 k aaoe salt 22 1 asps ttusr } 23 amx sari. .om, amr may _ SM 51 acvKuT 'IAT S7 lPIOIRI (SROLIR FOR LOT M? E-W CENTEIC.M SECTION 10 I CITY OF RENTON FILE ®t�rs'T i� �eM�*,F; Fes' MENEM. MENEM! 1 lommawwwwwrED 000011930Eli:fIs'Sr" .ST mommsm 100101071=7� MR �cra1 goommim€ itt>>>>>>>>>>>>R=t�•17 •rrra MMMMs7MMM� �►'i1�3G'i3 10l��I �000[7�Fli'TuEI* .. >tr � �p �L.v � S--�'•a �TiF� �1�' ���"• �3T'iF9 ����'r ONEM `ram DTI �:� •-� �i.T.:7 �'+� 811010F702 r/[_QJ GoTrsuliing £nglnetrs lnc- ieM r! ietli wACL tµs IML4ft % MM R myiY3 JOB NO 04-106 SHEET 3 OF 4 q V � 7 3 S AS PENWOODI A PORTION OF THE BE 1/4 OF THE SW 114 OF THE NE 1/4, SECTION 10, TWP 23 N, ROE 5 F— WM NN. LINE O1F hiE 5 1/2, SW 1/4 ME 1/4 s a8�eo6' aaT.ee Sam' 3a07 Ba.o2' i1.84' `I 6 CAAFIRC SCALE 0.aBi 3Ar'r i,{51 err. m -- g—tea -- .° so � $ F R W a,ass soar. � slow 9CG I F= if �2 trssr, [ sms`mwE i� SUA�UO NE 8TH CCOMM T !"( 14 I I= r Lal s im SOYT. br Or � m.sS w vmsrc useaxr (nv) 46— RMW 9aFT. i i „ay4• - 12 lip ,a 4 Garr. c Baas' ate s7ca E I S I ==stun I �ia 13 L.- 29 0.sa3 MET. I 4 LJ , s, rnme y� "Wmw rrxr NE 8TH ae 28 i 2v TRACT A � 1a4es Mn sans � sue € l s P P 1 I .I isg' ,war im F0721-- J! � • .15 _ r t:—w Rx1F7�.tFeE SEC110N to �� wL, ----- Ir *L&L K M REWONSELM aF O'MlER(5} Or DU To MA NTAM 7NE 1FII WWff TLM NO" ON *AT EM- ., i r., ArE" m EXTEN EG Sa I*Y&V FRMM 1W RfTDMWIM UM NE FM SW EL THEN THE 1DOONIAY .TLM ARD" EAM1FNr OWL AV)aMAlICAILY E:ril0upl 70C�ORAff -TREK IR1H Am_NMAE114/LE 1UPlL M L K 1M IWoNWitY Cr SS) OF SLOT 17. OF RENTON FILE. Consulting Engineers Inc. low w am ftmL am a - wam a !fie Fk baled mr-o S Rt tw UIL-M JOB NO M-••16a %U 1 4 of 4 4 "ON DRAINAGE DPer- *,M . s o 0 Return Address: City CIerk's Office City of Renton 1U55 South Grady Way Renton, WA 98055 RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 102305-9344 Project File #: LUA-04-143 Project Name: Aspen Woods Preliminary Plat Reference Number(s) of Documents assigned or relcased: 9901190220 Gralntor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1, Harbour Homes, Inc. LE-OAL OFSCRIPTION: A portion of Lot 2 of King County Short Plat No, L99S0007, as recorded under King County Rec. No. 20030219900003, records of King County, Washington. Situate in the Southwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 Last, W.M., in the City of Renton, King County, Washington, WHEREAS, King County was the original holder of a Native Growth Retention Area (NGRA) Covenant acquired from Kenneth E. and Tina M Kiger dated January 19, 1999 and recorded under Recording Number 9901190220 in King County, Washington; and WHEREAS, the boundary of the NGRA establisled under Recording Number 9901190220 was modified to the boundary shown in King County Short Plat L99S0007 and recorded under Recording Number 20030219900003 in King County, Washington; and WHEREAS, the City of Renton, as the successor to King County, became the holder of this Native Growth Retention Area (NGRA) Cove.natit upon its annexation of territory encompassing this parcel by Ordinance No. 5096 and recorded under Recording Number 20041102002356 in King County, Washington; and WHEREAS, the Native Growth Retention Area (NGRA) Covenant was established for the purpose of dispersing and treating stormwater flows and was subject to restrictions applying to vegetation removal; and WHEREAS, the release of this Native Growth Detention Area (NGRA) Covenant was conditioned upon the review and approval of a new drainage or site plan by King County's Department of Development and Environmental Services or its successor; and WHEREAS, the Council of the Cite of Renton did, on April 4, 2005, review and approve the Aspen Woods Preliminary Plat (LUA-04-143) and achieve the conditions which permit the termination of the covenants. NOW, THEREFORE, the City of Renton does hereby abandon and release all rights under the above described restrictive covenant on the land described above. Roc-doc PwPSR2Q051bh RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 102305-9344 Project File #: LUA-04-143 Project Name: Aspen Woods Preliminary Plat Reference Number(s) of Documents released: 9901190220 Grantor(s): Grantor(s): 1. City of Renton, a Municipal Corporation 1 _ Harbour Homes, Inc. IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this day of 20 MAYOR CITY CLERK STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jesse Tanner and Marilyn Petersen arc the persons who appearcil before me, and said persons acknowledged that they signed this instrument, un oath stdtcd that they were authorized to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF RENTON, to be the free and voluntary act of such 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: RoC.doc PWPSRE-005Jbh Vi CITY OF RENTON =' Demolition Permit Permit Number: B0550451 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specificabons pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work, DEMO 2180 SQ FF SFR Job Address: 852 HOQUTAM AVE NE Fly, iT7i SPIRY DENNIS G+JUDITH E 852 HOQUTAM AV NE RENTON WA 98059 'tenant: Contractor: DIAMOND EXCAVATING UvC PO BOX 1055 BLACK DIAMOND, WA 98010 Other Information: Date of Issue 08/30/21105 Date of Expiration. 09/26/2006 Construction Value $0.00 Parcel Number 1023059058 Contractor License DIAMOE1021MA Contractor Phone 253-351-8967 City License 0100 TT-HS PERMIT IS VALID FOR 30 DAYS Expiration Date: 09126/2006 I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans, and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted, ordinances. e Building Official $20:00 WILL BE CHARGED FOR C PIES OF LOST OR DAMAGED PERMITS DEM001 1101 bh CITY OF RENTON Inspection Record Permit Number: BO50451 Call by 4:00 pm for Inspections the following day - Phone 425-430-7202 Call before work is concealed or concrete poured/Do not pour concrete until approved Do_not cover until approvedlDo not occupy until final inspection is complete Nature of Work: DEMO 2180 SQ FT SFR Job Address: 852 HOQUTAM AVE NE Lot#IUnit#B1dg#1Tenant: Owner: SPIRY DENNIS G+TUDITIT E Contractor:DYAMOND EXCAVATING INC Phone: 253-351-8967 Inspection Type Date Inspector Comments Final - 100 E I FINAL INSPECTION 12EQUERED Post this record at job site at all times (9 King CoUnty llopmmt and Environmental Seems 1 ODES Hornepage Online Permit Detail Permit Information: Activity No: B0510046 Permit Type: INSP-RPT Sub -Type: RELOC Title: HOLMES RELOC INSPECTION Status: PERM-REQ Process Percent: 100% Description: INSPECT SINGLE FAMILY RESIDENCE FOR POTENTIAL MOVE TO NEW LOCATION Applied/Opened: 03/11 /2005 Contact Information: Applicant: HOLMES BRET Address: 3711 NE 10TH LN RENTON WA 98056 Assigned Staff: Site Information: Location & RN Juds.. Community Plan: NEWCASTLE Comp Plan: URBAN RES 4-12AC Owner: HOLMES BRET Parcel No: 1023059344 (Link to Parcel Viewer Map) Link to: Parcel Report Approval/Decision: 03/11 /2005 Expiration Date: 03/11/2006 Completed Date: 03/16/2005 Related Parcel/Permit Activity: List all activities attached to this_proiect B05L0606 Other Projects/Actions attached to this parcel List Date: May 16, 2006 King County I Permit Applications Report Engine I News I Services I Comments Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County Web pages, you expressly agree to be bound by terms and conditions of the site. The details. 11 Parcel Mar) and Data 11 t�2 1112313., it Parcel Number 1023059344 Address 864 HOQUTAM AV NE Zipcode 98059 Taxpayer HARBOUR HOMES INC The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages incEuding, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." fang County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. 0 King CoUnty Parcel Map and Data Comments I King County I GIS Center ! News I Services J Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Sale Agreement Personal Property This Sale Agreement for Personal Pmperty ("Agreement") is made and entered this 23" day of May, 2005, by and between Harbour Homes, Inc., a Washington corporation ("Seller") and Bret Holmes ("Buyer"). Whereas, Seller has entered into a Real Estate Purchase and Sale Agreement (REPSA) with Kenneth wW TinaKiger for the purchasc of their property described as King County Tax Parcel No. 102305-9344 (the "Property'), The Property contains a single family residence. Whereas, Buyer desires to purchase the residence from Selleronce Seller has closed on the purchase of the Property and remove the residence from the Property. Now, Therefore, in consideration of the promises and mutual covenants set forth herein, Buyer and Seller agree as follows, 1, DESCRIPTION OF PERSC�N.&L PROPERTY TO l3E CONVEYS - The residence of Kenneth and Tina Kiger located at 11826 l 42'd Avenue SE, Renton, Washington 98059. Said residence is currently attached to the Property and once removed from its foundation shall be considered Personal property together with all fixtures therein. 2. D_EP_OSIT -Buyer shall deliver the sum of Twenty Thousand Dollars ($20,000.00) payable in the form of a cashiers check payable to SeUer and delivered Five (5) business days prior to Buyer's contractor commencing work on removing the residence from its foundation. Said deposit shall be c:onsiciomd a eon -refundable damage deposit once paid to Seller and is intended to compensate Seller for any clearing, grading and site clears -up as may be necessary, 3. J1ME TO COI RLM - Buyer shall have Fourteen (14) days to complete the moving of said Personal Property from the Property. Buyer and Seiler agree that the Personal Property may not be left in any air -space over the Property and must completely cross the right-of-way on 142"d Avenue SE adjacent to the Propertypdor to the expiration of the Fourteenth day. Should Bayer freed to complete the rowing ofsaid Personal Property within the time perind xhged above, Seiler shall have the right to terminate this ugreemetrL 4. SF."ER' I)S UMS a) Tree Cuttirra - Seller agrees to cut all necessary trees to provide Buyer's contractor a clear path to Hogiuiam Avenue S. b) No ' 'an -- Seller agrees to provide Buyer Thirty (30) days notice of the start of Buyer's Time to Complete as mentioned above. _ c) UtWties — Seller agrees to contact and coordinate with the appropriate agencies to shut off the water, power, sewer, phone and cable to the residence. Idadbour }lame, Im. / Rrer 1301met; Agrcamen, - I - � d H9 6£tr5199 '°1dI90 l '1SM: I 500Z U �VW SNOW) Him nw af30$li1'N Nodi 2 • d 220ESSZSZir p.remoH d60 = TO so ca FeW p S. B UY1;R' S DUnES a) Permits —Buyer shall obtain all permits or approvals necessary for the moving of the Personal Property. b) Power Lines —Buyer shall be responsible for coordinating with Puget Sound Energy or any other su h responsible agency for the raising of the power lines necessary for moving the Personal Property. c) Contractor McpgW — Buyer shall coordinate a meeting between Buyer's contractor and Seller or Seller's representatives prior to the beginning of any work on the Personal Property. d) Indeaificatign — Buyer agrees to hold Seller harmless from all damages, losses, claims or causes of action including attorneys fees arising from Buyer's relocation of the Persorml. Property, including but riot limited to claims filed by the City of Renton, Icing County, WSDOT or any, other such agency, e) PotcnW PanaZ&;- Buyer assumes all responsibility for any material clean-up should damage occur to the Personal Property while moving, whether in the right of way or on Seller's real property. f) N ' ns — Buyer shall not cause any liens or bonds to be posted against Seller's real Prosy, 6, SELLER'S WARRANTIES - Seller makes no warranties as to the condition of the Personal Properly nor its suitability to be moved or inhabited, such Personal Property shall be considered As Is with all faults. 7. U W S -Buyer warrants that Buyer will retain a licensed home moving contractor for purposes of relocating the Personal Property. 8. COMPLETE AGREEM-Seller and Buyer agree that the terms and conditions contained within this agreement are the full extent of the agreement between the parties. No oral agreements may constitute a change to this agreement, Any material changes to this agrecment must be made in writing and accepted by both parties. SELLER. HOMES, INC. ustin R. Lag Land Acqui � ' Manager Harbour Home, Inc, ! Bret Holmes Aveemenr - 2 d 99 WS 189 'ON/90 ; I -Is/n: I Son u ml (NOVI) 6•d a2a6SSOSair BUYER; By: Printed Name: Title: r— HIA03 flKOH 1if149W VIOd� p.aemoH d0T :TO so 02 Few After Recording Return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPENWOODS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPENWOODS THIS DECLARATION is made on the date set forth below by Harbour Homes, Inc. a Washington corporation ("Declarant"). RRC'ITAUS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property legally described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Aspenwoods NW Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 `Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 2 1.1.3 `Bylaws" shall refer to the Bylaws of the Aspenwoods NW Homeowners Association. L 1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Harbour Homes, Inc. and its successors -in -title and assigns, provided any such successor -in -title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant' hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the Community. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 3 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.17 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.1 S "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOT B, KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L99L0022 AS RECORDED UNDER AUDITORS FILE NO.20000106900008, RECORDS OF KING COUNTY. AND LOTS 1 AND 2 OF SHORT PLAT NO. L99S007 AS RECORDED UNDER AUDITORS FILE NO. 20030219900003, RECORDS OF KING COUNTY, ALL IN THE STATE OF WASHINGTON. Upon recording of the plat, the property shall be known as: lots 1 through 46, inclusive, and tract A of Aspenwoods, and the Common Areas shall be: Tract A is a retention/detention area tract that is owned and maintained by the Association and is subject to an easement to the City of Renton for access. The Association is responsible for the maintenance of all private storm drain and detention facilities within Tract A. The Association is responsible for maintaining the easement and the facilities therein as described in the Drainage System Installation, Maintenance and Repair Easements and Related Covenants recorded at instrument number 20051010001070. ARTICLE 3 ASPENWOODS NW. HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Votin2. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any 5 meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named John Merlino, whose address is 33400 91" Avenue South, Suite 120, Federal Way, Washington 98003 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, 6 NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Pur ose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen 7 percent (1 S%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be Ievied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. if the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 9 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 49 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas _ExeThe Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain all stormwater drainage and detention facilities on Tract A as shown on the recorded plat. If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community -Wide Standard. Pursuant to the Drainage System Installation, Maintenance and Repair Easements and Related Covenants recorded at instrument number 20051010001070 ("Easement Covenants"), the Association shall be responsible for the maintenance of the Conveyance Pipe and Drainage 10 System as those terms are defined in the Easement Covenants. However, at all time the Owners shall remain jointly and severally liable to Wedgewood and to the City of Renton for the complete and timely performance of those operation, maintenance and repair obligations in the event that the Association fails to timely perform those obligations or the Association ceases to exist. The Association shall accept a conveyance of an open space and drainage tract at the recording of the Wedgewood plat in accordance with the terms of the Easement Covenants. The Board of Directors may sign any document required in connection with such conveyance of this area to the Association. In the event the City acquires the Conveyance Pipe and Drainage System then the Association's obligations with respect to the Conveyance Pipe and Drainage System shall terminate. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Access Easement A is an access easement for the benefit of Lots 7, 8 and 9. The easement shall be maintained by the Owners of Lots 7, 8 and 9 according to a separately recorded instrument. In the event Access Easement A is not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain the Access Easement at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibilitv. 5.4.1 Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community -Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.4.2 Upon the recording of the plat(s) the Common Area Tracts will be granted and conveyed to the Association. Ownership and Maintenance of the Common Area shall be the responsibility of the Association, In the event the Association 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, their each lot in this Community shall assume and have an equal and undivided ownership interest in the Common Areas previously owned by the Association and shall have the attendant financial and maintenance responsibilities. 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to snake any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. 12 ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations maybe permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations maybe limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and LandscapinL, Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 13 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing -type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or a Residential Developer, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such wont except in conformance with the recommendations, plans and specifications of such engineer. 6.3.9 The maximum impervious surface area per lot is 2900 square feet as required by the City of Renton. The final design of the storm pond on Tract A incorporates this standard of 2900 square feet per lot. 6.4 Existing Residence. Intentionally Omitted. 6.5 Suns. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent 14 with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini -bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non -passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be ]eased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot 16 outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one meter or less. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re -channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbaize Cans Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided, combined or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re -plat or amend the boundary lines of any Lot or Lots owned by Declarant. Any such division, boundary line change, or re - platting shall not be in violation of the applicable subdivision and zoning regulations. 17 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. Nc unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. 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 insurance at least equals the full replacement cost. 7.1.5 1n the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self -insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: in Washington. 7.2.1 All policies shall be written with a company authorized to do business 19 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terrns of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction_— Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 20 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction — Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise 21 agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder, 9.2 No Priority. 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 Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 22 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and EnioYment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; 23 provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement across lots 37 and 38 for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street-scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all 24 Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved casement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they maybe lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater drainage and detention facilities as shown on the plat. 25 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 26 11.3.3 Notwithstanding the above, this Declaration shall not be amended to eliminate the Association's duty to maintain common areas without the prior written approval of the City of Renton. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now -living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director 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 such officer or director may be a party by reason of being or having been an officer or director. The officers and directors 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 by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. 27 Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or 28 enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this _ day of , 2006. DECLARANT: Harbour Homes, Inc. By: John Merlino Its: Vice President/General Manager 29 State of Washington ss. County of King I certify that I know or have satisfactory evidence that John Merlino is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President/General Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires 30 LETTER OF TRANSMITTAL TO: City of Renton FROM: Development Services Division SJW for Robert O. Cavness, P.E. & P.L.S. ADDRESS: DATE: For Delivery July 6, 2006 RE: PR03ECT NUMBER: Aspen Woods 04166 ❑COPY OF LETTER ®PLANS ❑PRINTS ❑SPECIFICATIONS ❑ FOR YOUR USE ❑ FOR REVIEW ❑ FOR APPROVAL COPIES DATE DESCRIF T .7 Original 7/5/06 Letter to City of Renton re: Aspenwoods Submittal 1 City of Renton Demolition Permit No. B050451 1 4/18/06 Letter to Maher Joudi from City Qf Renton 1 4/1/05 Aspen Woods Street Tree Plan 1 Maintenance Agreement 1 10/10/05 Drainage System Installation, Maintenance and Repair Easements and Related Covenants 1 6/28/06 Supplemental Report #3 to 3rd Report 1 8/25/05 Articles of Incorporation of Aspenwoods NW Homeowners Association 1 Lot Closures 1 Declaration of Covenants, Conditions and Restriction for the Plat of Aspenwoods 3 7/6/06 I Short Plat Plans (Sheets 1-4) NOTES/COMMENTS: If you have any questions or require additional information please contact our office. Thank you. T &041IW41661T060705 city.doc •r A FA t Pirst American Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com Fi,. nerman TWO Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn-(253)471-1234 Fax - Vicky L. Willis (253)671-5834 v1willis0firstam. com To: Harbour Homes File No.: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn: Supplemental Report #3 to 3rd Report Dated: 3une 28, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Comm itment/Preliminary Report dated 09/08/2005 at 7.30 a.m. except as noted below: No change First American Title Insurance Company By. Shari Workman, Title Officer Page 1 of 1 r First American Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com AirAAmeHcan We Insurance Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Vicky L. Willis (253)671-5834 vlwillis@fitstam.com To: Harbour Homes File No.: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn: Supplemental Report #2 to 3rd Report Dated: May 02, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: The legal description of the herein described property has been amended to read as follows. Parcel A: Lots 1 and 2 of King County Short Plat No. L99S0007, according to Short Plat recorded February 19, 2003 under Recording No. 20030219900003, in IGng County, Washington, Parcel B: Lot B of King County Boundary Line Adjustment No. 1-991-0022, according to Survey recorded January 6, 2000 under Recording No. 20000106900008, in lGng County, Washington. First American Title Insurance Company By: Shari Workman, Title Officer Page 1 of 1 i First A ericat Developer Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com h. American Title Insurance Company 3866 5 74th St Tacoma, WA 98409 Phn - (253)471-1234 Fax - Vicky L. Willis (253)671-5834 vlwillis@firstam.com To: Harbour Homes File No.: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn: Supplemental Report #1 to 3rd Report Dated: January 11, 2006 at 8:00 A.M. Commitment/Preliminary Report No. 4268-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our preliminary report since September 8, 2005 at 7,30a.m., except as noted below: The following paragraph no(s). 14-18 has/have been added to our Commitment/ Preliminary Report to read as follows: 14. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059435 1st Half Assessed Land Value: $ 631,000.00 Assessed Improvement Value: $ 0.00 2nd Half Assessed Land Value: $ 631,000.00 Assessed Improvement Value: $ 0.00 Page 1 of 2 Date: January 11, 2006 File No.: 4268-675745 (SW) 15. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059344 1st Half Assessed Land Value: $ 657,000.00 Assessed Improvement Value: $ 313,000.00 2nd Half Assessed Land Value: $ 657,000.00 Assessed Improvement Value: $ 313,000.00 16. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059058 1st Half Assessed Land Value: $ 165,000.00 Assessed Improvement Value: $ 136,000.00 2nd Half Assessed Land Value: $ 165,000.00 Assessed Improvement Value: $ 136,000.00 17. The terms and provisions contained In the document entitled "Drainage System Installation, Maintenance and Repair Easement and Related Covenants" Recorded: October 10, 2005 Recording No.: 20051010001070 18. The terms and provisions contained in the document entitled "Puget Sound Energy Easement" Recorded: January 5, 2006 Recording No.: 20060105000595 FirstAmerican Title Insurance Company By. Shari Workman, Title Officer Page 2 of 2 Form No, 14 SubdWi!ion Guarantee 4 Guarantee No.: 4268-675745 GUARANTEE Issued by First American Title k5urance Company 3866 S 74th St, Tacoma, WA 98409 Title Officer., Shari Workman Phone. (253)471-1234 FAX- FrrsY,nreican ial2 Form No_ 14 SubdMWn Guarantee (4.10-75) * r First American max.. Developer Services Fax No.(253)671-5802 Guarantee No.: 4268-675745 Page No.: 1 FIrstAmadcan 77delnaurasce Company 3866 S 74th St Tacoma, WA 98409 Phn-(253)47L-1234 Fax - Shari Workman Vicky L. Mills (253)671-5824 (253 )671-5834 sworkman@frstam-com vlwlllis@firstam.com THIRD SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4268-675745 FEE $ 1050.00 TAX $ 92.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and In Schedule A. GUARANTEES Harbour Homes herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMFFATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: September 08, 2005 at 7:30 A.M. F#r tAme*za rule form No. A Subdivision Guarantee (4-10.75) THIRD scHEDULE A The assurances referred to on the Face page are: A- Title is vested in - Guarantee No.: 4268-675745 Page No.: 2 Harbour Homes, Inc., a Washington corporation B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIMON: Parcel A: Lots 1 and 2 of King County Snort Plat No. L99SO4007, according to Short Plat recorded February 19, 2003 under Recording No. 20030219900003, in King County, Washington. Parcel B: Lot B of King County Boundary Line Adjustment No. L99L0022, according to Survey recorded January 6, 2000 under Recording No. 20000106900008, in Icing County, Washington. APN: 1023059435; 1023059344; 1023059058 Fret American Me Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: I. Liability for assessments) and/or personal property taxes, if any. 2. Deed of Trust and the terms and conditions thereof. GrantorjTrustor: Harbour homes, Inc. Grantee/Beneficiary: U.S. Banc N.A. Trustee: U.S. Bank Trust Company, N.A. Amount: $5,100,000.00 Recorded: August 26, 2005 Recording Information: 20050826000946 Guarantee No.: 4268-675745 Page No.: 3 3. Easement, including terms and provisions contained therein: Recording Information: 347794 (Vol. 409, P°g. 623) �T In Favor of: Snoqualmle Falls and White River Power Company A Far: utilities 4. Easement, including terms and provisions contained therein: Recording Information: 3204310 In Favor of: Puget Sound Power & Light Company, a Washington }� corporation For: electric transmission and/or distribution system S. Easement, including terms and provisions contained therein: Recording Information: 3204311 in Favor of. Puget Sound Power and Light Company, a Washington py corporation [[ For: electric transmission and/or distribution system �a !� 6. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9805149004, recorded in volume 121 of surveys, at page(s) 278, in King, Washington. 7. The terms and provisions contained in the document entitled "Native Growth Retention Area" Recorded: January 19, 1999 Recording No.: 9901190220 S. Easement, including terms and provisions contained therein: V Recording Information: 19991001000529 In Favor of: Puget Sound Energy, Inc. For: utility system 9. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary tine Revisions): Recorded: January 6, 2000 Recording Informaton: 20000106900008 10. Restrictions, conditions, dedications, notes, easements and provisions contained and/or delineated on the face of Short Plat recorded under King County Recording No. 20030219900003. First Amencan Title Ar Form No. 14 Guarantee Na.: 4268.675745 5ub(fivision Guarantee (4.10-75) Page No.: 4 11. The terms and provisions contained in the document entitled "Ordinance. No. 5096" Recorded: November 2, 2004 Recording No.: 20041102002356 12. Rockery Installation, Maintenance, Repair and Reconstruction Easement and Agreement and the terms and conditions thereof: Between; Wedgewood Lane LLC, a Washington limited liability company And: Harbour domes, Inc., a Washington corporation Recording Information: 20050829001576 131. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL NOTES A. General taxes for the year 2005, which have been paid. Tax Account No.: 10230594350 Code Area: 4342 Amount: $ 2,157.54 Assessed Land Value: $ 172,000.00 Assessed Improvement Value: $ 0.00 Affects Lot 1 of Parcel A B. General taxes for the year 2005, which have been paid. Tax Account No.: 1023059314 Code Area: 4342 Amount: $ 6,323.32 Assessed Land Value: $ 172,000.00 Assessed Improvement Value: $ 325,000.00 Affects Lot 2 of Parcel A C. General taxes for the year 2005, which have been paid. Tax Account No.: 1023059058 Code Area: 4342 Amount: $ 3,709.73 Assessed Land Value: $ 125,000.00 Assessed Improvement Value: $ 163,000.00 Affects Parcel B D. Any sketch attached hereto Is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disdaims any liability which may result from reliance made upon it. FirstAmencan The Form No. t4 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4268-675745 Page Na,: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for lass or damage by reason of the fallowing: (a) Defects, hens, encumbrances, adverse claims or other matters agawrst the bile, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxJsrg authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such ptomedkngs, whether or not the matters excluded under (t) or (2) are 3fwwrn by the records of the testing authority or by the public records. (c) (1) Unpatenled mk* q claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (1) water rights, daims or titre to water, whether or not the matters excluded under (1), (2) or (3) are sthown by the pubic retards. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assuurnes no liabfirly for 1= or damage by reason of the falowing: (a) Defects, fiens, encumbrances, adverse claims of other matters affetting the title to any property beyond the lines of the land expressy described in the description set lorth in Schedule (A). (C) or ar Part 2 of this Guarantee, or trite to streets, roads, avemies, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights Or casements are expressly and specifically set forth in said description. CO) Defects, liens, encumbrances, adverse claims or other masters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assweds; (2) which result in no kiss W the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-JLFtcial proceeding which is within the scope and purpose of the assurances provided- (c) The Identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any mallet shown or referred to in this Guarantee. GUARANTEE CONDMONSAND STIPULATIONS 1. Definition of Terms. The following [eras when used in the Guarantee mean: (a) the 'Assured": the party or parties named as the Assured in this guarantee, or an a supplemental writing executed by the Company. (b) 'Land': the land described or referred to in Schedule (A) (C) or in Part 2, and improvements alined thereto which by law constitute real property_ The term 'land" does not include arty property beyond the Gees or the area described w referred to in module (A) (C) or in Part 2, nor any right, dlle, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways (c)'mrxtgage": mortgage, deed or trust, trust deed, or other secwity instrument. (d) "public records" : retards established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e)'date"_ the effective date. 2. Hatice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly In writing in case knowledge shall tome to an Assured hereunder of any Bairn of title or interest which is adverse to the title to tine estate or interest, as stated herein, and which mfglu cause loss or damage for which the Cahpany may be enable by virtue of this Guarantee. If prompt notice shah riot be given to the Company, then all liability or the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Comparry shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the Failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action of proceeding to which the Assured is a party, notwil starxing the nature of arty allegation in such action or proceeding 4. Companli's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 abovc (a) The Company shag have the rWit, at its sole Option and cost, to Institute and Prosecute any aCtforr or proceeding, interpose a defense, as limited In (b), or to do any other ad which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Gen rights or the Assured, or to present or reduce toss or damage to the Assured. The Company may take any appropriate action under the terms Of this Guarantee, whether or not it sham be liable hereunder, and shaft not Utereby concede liability or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, it sham do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shag have the right to select counsel of its choke (subject to the right of such Assured to object rot reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees Of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Coarantee. (C) Whenever the Company shah have brought an action or Interposed a defense as permitted by the prowisiar5 of this Guarantee, the Company may pursue any ixlivatim to final determination by a court of competent jurisdudiarh and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee perrr*s the Company to prosecute or provide for the defense of any action Or proceeding, an Assured shad secure to the Company the right to so prosecute or provide for the deft aw of arty action or proceedkug, and all appeals therein, and permit the Company to use, AIM option, the Arne of such Assred for trots purpose. Whenever requested by the Company, an Asswed, at the Companys expense, shah give the Company all reasonable aid in any adios or proceeding, securing evidence, obtaining witnesses, OMMIt V or defending the action or lawful act width In the opinion of the Company may be necessary or desirable to estaGiSh the bile to the estate or Interest as stated herein, or to establish the hen rights of the Assured- If the Company is prejudiced by the Failure of the Assured to furnish the required cooperation, the Company s obilgationS to the Assured under the Guarantee shall terminate- S. Proof of loss or Damage. In addition to and after the notices required under Section 2 Of these Conn ikons and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company wathfn ninety (90) days after the Assured shah asCertain the facts giving rise to the loss or damage. The proof of loss or damage shah describe the matters cowered by this Guarantee which westritute the basis of loss or damage and sham state, to the extent possible, the basis or calcuiatk)g the amount of the loss or damage. If the Company is prejuufited by the failure of the Assured to provide the required proof or loss or damage, the Company's obligation to such Assumed under the Guarantee shall Wnliinate. In addition, the Assured may reasonably be required to subenit to examination under oath by any authorized representative of the Company and sham produce for examination, inspection and copying, at such reasortahte times and places as may be designated by any authorized representative of the Comparry, all record % books, ledgers, checks, conespondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the hm or damage. Further, If requested by any authorized representative of the Company, the Assured Shall grant its permission, in wr ing, for any authorized representative of the Company to examine, inspect and copy all records, boobs, ledgers, Checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Inks or Damage. AN information designated as confidential by the Assured provided to the Company, pursuant to this $ertion shall not be disclosed to others unless, in the reasonable judgment Of the Company, it is necessary in the administration of the claim, Failure of the Assured to submi for examination under oath, produce other reasonably requested information or grant permission to Secure reasOnaW necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental reguration, shah terminate arty liability of the Camp" under this Guarantee to the Assured for that claim. Form Na, 1202 (Rn_ 1415M Fk-XAmerican Tide Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle: Claims: Termination of Liability. in case of a claim under this Guarantee, the Company, shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount or this Guarantee or, If this Guarantee is issued for the benefit of a holder of a mortgage or a iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said Gen For the amount owing thereon, together with any casts, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to tine time of purchase. Such purchase, payment or tender of payment of the Full amount of the Guarantee shall terminate all UatAl ly of the Company hereunder. In the event after notice or Claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together •with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraphs shall terminate, including any obligation to continue the defense or prosecution of arry litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be wrrendered to the Company far cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the ASSwd or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any daim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured daiu=t which were, atithoazed by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Comparry's obligation W the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraphs shall terminate, indudutg any obligation to continue the defense or prosecution of arty litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extentof -lability. This Guarantee Is a contract of Indemnity against actual monetary lass or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee, The Liability of the Company under this Guarantee to the Assured shall not exceed the least a f: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Condition-s and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (C) the difference between the value of the estate or interest covered hereby as Stated herein and the value of the estate or interest subject to any defect, Gen or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) if the Company establishes the titit or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably cogent manner by any method, irncludng litigation and the Completion of any appeals therefrom, t shall have fully performed its obligation with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) in the evert of any litigation by the Company or with the Company's consent, the Company shall have no habilrty for loss or damage until there has been a final detenm'vration by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.; 4268-675745 Page No.: 6 (c) The Company shall not be Gable for loss or damage to any Assured for liability voiurutarily assumed by the Aswred in setting any Claim or suit without the prior written consent of the Company. 4. Reduction of Liability at Termination of Lfability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of Nabaty pro tanto. 10, Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the e4ent of loss or damage has been definitely fixed In accordance with these Cornddlons and Stipulations, the loss or damage shad be payable within thirty (30) days thereafter. 11. Subrogation upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any ad of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Cornpany, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle fn the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. It a payment on account of a claim does riot fully cover the loss of the Assured the Company shall be subrogated to a1 rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and cases of collection- 12. Arbitration. unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title insurance Arbitration Rules of the American Artutratlon Association. Arbitrable matters may include, but are not limited to, any corntr&mrsy or claim tnehveen the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assred. AN arbitrable matters when the amount of liability is in excess of SL,OGO,OM shag be arbitrated only when agreed to by birth the Company and the Assured. The Rules in eRtct at Dam of Guarantee shall be binding upon the parties. The award may include attarneys' fees only if the laws of the state in which the land is located permits a court to award attarneys� fees to a prevailing party. Judgment upon the award rendered by the Arbllrator(s) may be entered in any court having jurisdiction thereo, The law of the situs of the land shall apply to an artatration under the Title iriscxarice Arbiaaiion Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee) Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shah be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No arneridment of or endorsement to this Guarantee can be made except by a rrriling endorsed hereon or attached hereto signed by either the President, a Mite Presidennt, the Secretary, an Assistant Secretary, or validating officer or auUwrited signatory of the Company. 14. Notices, Where Sent, AN notices required to be given the Company and any statement in: writing required to be furnished the Company shaft include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Anal CA. 92707, Form No, 1282 (Rev. IWIS/95) First American Tdle ADDENDUM B The following is an Addendum to the Real Estate Purchase and Sale Agreement dated July 15"', 2005 and Seller's Counter Offer dated August 8"', 2005 between Riverside Homes, Inc. and/or assigns as Purchaser and Arlene Osborn as Sellers (collectively known as the "Agreement") for the property described as 18515 NE 291" Ave. Ridgefield, WA. This Addendum B contains additional terms and conditions of sale. In the event of a conflict between the terms of sale set forth in the Agreement, the provisions contained shall govern. Paragraph 2 of the Seller's Counter Offer (PURCHASE PRICE) shall be deleted and replaced with the following: The purchase shall be One Million Three Hundred Twenty -Four Thousand Seven .Hundred Fifty Dollars ($1,324,750.00). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. The purchase price is based on a per usable acre of Two Hundred Thirty Five Thousand Dollars ($235,000.00). In the event that the usable acreage is less or more than 5.1 acres, the purchase price shall be pro -rated at closing. Usable acreage is defined as property outside of any 25% slope, wetland, floodplain, environmental, wildlife or habitat areas including any required buffer areas. The purchase price includes the existing home located at 18515 NE 191" Ave. with a structural value of One Hundred Twenty - Six Thousand Two Hundred Fifty Dollars ($126,250.00). The purchase price shall begin to increase Ten Thousand Dollars ($10,000.00) per usable acre every twelve (12) months from the date of a mutually executed Agreement until closing. 2. The following shall be inserted to the last paragraph of section 3 (EARNEST MONEY R CEIPT) of the Seller's counter offer: If Seller does not provide written notice to Buyer of non -satisfactory references within ten (10) days of receiving financial references from Buyer, this contingency shall be waived. 3. The first paragraph of paragraph 6 of the Seller's Counter Offer (CLOSING) shall be deleted and replaced with the following: This transaction shall close within nine (9) months from the date that the Clark County or the City of Vancouver will allow Buyer to submit, process and ultimately approve an application to develop subject property and construct and occupy future homes. Purchaser shall have the option of exercising up to three (3) extensions of this closing date at its sole and absolute discretion. Each extension of this closing date shall be for one (1) month and for each extension used, Purchaser shall deposit with Escrow Five Thousand Dollars (5,000.00). Any paid extension fees shall not apply towards purchase price at closing, The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transaction and waive all contingencies at any time if, in Buyer`s sole discretion, this action is warranted. In the event the preliminary plat decision is appealed, then all dates in this Agreement, including but not limited to the closing date, earnest money payment dates, closing extension periods and extension payment dates shall be tolled (extended), at no cost to Buyer, for the period of time between the date the appeal is filed and the date that is five days after the preliminary plat is approved with all appeals expired. 4. Paragraph 7 (CONVEYANCNG) of Buyer's initial offer shall be reinserted into the Agreement. The following shall be inserted into Paragraph I 1 (TITLE INSURANCE} of the Seller's counter offer: Buyer shall pay the difference in cost to insure with ALTA Extended Title Insurance Coverage. 6. The following shall be inserted to the end of sentence 3 of Paragraph 5 SELLERS COOPS TION of the Seller's counter offer: - and with the exception of Buyer conducting a Level 1 or Level 2 environmental report in which (but not limited to) soil samples may be taken to test for leakage for underground storage tanks. In the event that ground contamination is found as a result of leakage from an underground storage tank that is no longer being used, Seller gives Buyer permission, at no cost to Seller, to remove such tank and contaminated dirt and fill excavated area. In the event that ground contamination is found as a result of leakage from an underground storage tank that is currently being used by Seller, Seller gives Buyer permission, at no cost to Seller, to remove such tank and contaminated dirt and fill excavated area and establish a newly existing above ground tank that will serve the same purpose as the previously removed tank. All other terms and conditions shall remain in fidi force and effect. BUYER: SELLER Riverside Homes, Inc. Ozzy Osborne By: By: Date: Date: tc TI S' U)a5 t'naton zo: c *tatc of Secret -fry Of State I, SAM DEED, Secretary of State oCtlie State of Wasliington and custodian of its sea], hereby issue this CERTIFICATE OF INCORPORATION to ASPENWOODS NW HOMEOWNERS ASSOCIATION alan WA Non -Profit Corporation. Charter documents are effective on the date indicated below. Date: 8/25/2005 UB1 Number: 602-533-974 AlTla 356860 Given under my hand alld the Seal of #hc Slate of 11'ashint'ton tit Olympia. the State C Ipiml Sam oi' Slafe Title 14 TRANSPORTATIOl )DE Page 1 of 1 14.60.130 Private streets. Private streets will be allowed when: A. A covenant which provides for maintenance and repair of the private street by property owners has been approved by the city and recorded with King County; and B. The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and C. The private street would not hinder public street circulation; and D. At least one of the following conditions exists: 1. The street would ultimately serve four or fewer lots; or 2. The street would ultimately serve more than four lots, and the review engineer and the fire marshal determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or 3. The private street would be part of a planned unit development; or 4. The private street would serve commercial or industrial facilities where no circulation continuity is necessary. (Ord. 4822 § 1, 1995.) 14.60.140 Acceptance of dedicated private streets as public streets. http://www.cityofbellevue.org/bellcode/bellccl4.html 7/5/2006 FILED SECRETARY OF STATE 08/2512005 STATE OF WASHINGTON ARTICLES OF INCORPORATION OF ASPENWOODS NW HOMEOWNERS ASSOCIATION -3/2005 06292 .GD Check 8105013 ..ad ing ID. 963529 Doc No.. 666292-mi UBI 602 533 974 HARBOUR HOMES, INC., a Washington corporation, for the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation; ARTICLE I. NAME The name of the corporation is Aspenwoods NW Homeowners Association. ARTICI-E 2. DURATION The Association shall have perpetual duration. ARTICLE 3. PURPOSES AND POWERS 3.1 The Association does not contemplate pecuniary gain or profit, direct or indirect, to its members. In way of explanation and not of limitation, the purposes for which the Association is formed are: 3.1.1 To be and constitute the Association to which reference is made in the Declaration of Covenants, Conditions and Restrictions for Aspenwoods NW (hereinafter the "Declaration"), recorded or to be recorded in the Records of King County, Washington, to perform all obligations and duties of the Association, and to exercise all rights and powers of the Association, as specified therein, in the Bylaws of the Association ("Bylaws") as adopted by the Board of Directors of the Association, and as provided by law, and 3.1.2 To provide an entity for the furtherance of the interests of the Owners in the development. 3.2 In furtherance of its purposes, the Association shall have the following powers, which, unless indicated otherwise by the Declaration or Bylaws, may be exercised by the Board of Directors: 3.2.1 All of the powers conferred upon nonprofit corporations by common law and the statutes of the State of Washington in effect from time to time; Articles of Incorporation Page I 3.2.2 All of the poWers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles, the Bylaws, or the Declaration, including, without limitation, the following- (i) To adopt and amend budgets for revenues, expenditures and reserves and impose and collect assessments or other charges to be levied on members; (ii) To manage, control, operate, maintain, repair, and improve property subjected to the Declaration or any other property for which the Association by rule, regulation, declaration, or contract has a right or duty to provide such services; (iii) To enforce covenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or Bylaws; (iv) To engage in activities which will actively foster, promote, and advance the common interests of all owners of property subject to the Declaration; (v) To buy or otherwise acquire, sell, or otherwise dispose of, mortgage, or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any purpose ofthe Association; (vi) To borrow money for any purpose; (vii) To enter into, snake, perform, or enforce contracts of every kind and description, and to do all other acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other association, corporation, or other entity or agency, public or private; and (viii) To adopt, alter, and amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such Bylaws may not be inconsistent with or contrary to any provisions of the Declaration. 3.3 The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of the paragraphs of this Article 3 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provisions of this Article 3. Articles of Incorporation Page 2 ARTICLE 4. MEMBERSHIP The Association shall be a membership corporation without certificates of shares of stock. Each Owner of a Lot (as such capitalized terms arc defined in the Declaration) subject to the Declaration is a member and shall be entitled to vote as set forth herein and in the Declaration and the Bylaws. Membership in the Association shall consist exclusively of Lot Owners. ARTICLE 5. BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed, and controlled by a Board of Directors. The Board shall initially consist of one (1) director. The name and address of the initial member of the Board of Directors is as follows; John Merlino 33400 V4 Avenue South Federal Way, WA 98003 The number of directors may be increased or decreased from time to time by amendment to or in the manner provided for in the Bylaws. The method of election, term of office, removal and filling of vacancies shall be as set forth in the Bylaws. The Board may delegate its powers to operate the Association to such companies, individuals, or committees as it, in its discretion, may determine. ARTICLE 6, LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act permits the elimination or limitation of liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE 7. DISSOLUTION The Association may be dissolved only upon a resolution duly adopted by the Board of Directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. Upon dissolution of the Association, so long as the United States Veterans Administration CNA") is guaranteeing and/or the United States acting through the Department of Housing and Urban Development ("HUD") is insuring any mortgage in the Development, and unless otherwise agreed in writing by HUD or VA, as applicable, any remaining real property assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and Articles of Incorporation Page 3 assigned to any nonprofit corporation, association, trust or ether organization to be devoted to such similar purposes. No such restriction shall exist if VA is not guaranteeing and HUD is not insuring any mortgage in the Development; pjqKided, however, HUD and/or VA shall be notified of such dissolution. ARTICLE 8. MERGER AND CONSOLIDATION The Association may merge or consolidate only upon a resolution duly adopted by the board of directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. ARTICLE 9. AMENDMENTS These Articles may be amended only upon a resolution duly adopted by the Hoard of Directors and the affirmative vote of at least two-thirds (2/3) of the total eligible votes of the members. ARTICLE 10. INCORPORATOR The name and address of the sole incorporator is Harbour Homes, Inc., 1300 Dexter Avenue North, Suite 500, Seattle, Washington 98109. ARTICLE 11. REGISTERED AGENT AND OFFICE The initial registered agent and office of the Association is Paul Brain, Esq. located at 601 Union Street, Suite 5450, Seattle, Washington 98 101. The undersigned duly -authorized officer of the incorporator has signed these Articles of Incorporation at Seattle, Washington, on this i't'`day of August, 2005. HARBOUR HOMES, INC., a Washington corporation By _Z4 6 George N Cher I Secretary/Treasurer Articles of Incorporation Page 4 CONSENT TO SERVE AS REGISTERED AGENT Paul Brain, Esq. hereby consents to serve as Registered Agent, in the State of Washington, for Aspenwoods NW Homeowners Association. It is understood that as agent for the Association, Paul Brain, will have the responsibility to receive service of process in the name of the Association; to forward all nail to the Association; and to immediately notify the office of the Secretary of State in the event of its resignati anges in istered office address of the Association for which it is agent. By Date in Address: Ater Wynne LLP 601 Union Street, Suite 5450 Seattle, Washington 98101 Articles of Incorporation Page 5 A. D.R. STRONG CONSULTING ENGINEER' July 5, 2006 Project No. 04166 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Re: Aspenwoods File No. LUA 04-143 PP, ECF Gentlemen: We are submitting for the second review the final plat map and signature sheets for the above referenced subdivision. We have attached the following items to assist you in this review: • Three sets of the plat map and signature sheets. • One set of lot closures. • One set of the current and revised CC&R's. • One copy of the filed cover sheet and the Articles of Incorporation for the homeowners association. • One copy of the current Title Report. • A copy of the maintenance agreement for private access and utility easement for Lots 7, 8, and 9. Please review this and give us your comments or ok prior to filing. • Copy of Permits for existing houses. • Revised Landscape Plan. The following items are in reference to your letter to Maher Joudi, of this office, dated April 18, 2006, regarding this subdivision. 1. The title of this plat is noted as "ASPENWOODS" on the final plat submittal. However it has consistently been known as "ASPEN WOODS" in the documents submitted to the City earlier in the plat approval process. Review and determine which version of the plat name is to be noted on the plat drawings. • The developer has chosen "ASPENWOODS" as the actual plat name. 2. Note the City of Renton land use action number, LUA-06-025-FP and LND-10-0424, respectively, on all four drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. • These designations have been placed on all four sheets including the required type size. 3. Note two City of Renton Survey Control Network monument numbers that correspond to the monuments noted on Sheet 2 of 4. • These have been noted at the monument locations on Sheet 2 of 4. Frig inee-s 1l0 " City of Renton July 5, 2006 Page 2 of 6 4. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of this plat. These will be completed once the monuments have been set. 5. "KING COUNTY" needs to be replaced by "CITY OF RENTON" in the "RECORDING CERTIFICATE" block (sheet 1 of 4). This change has been made to the plat map. 6. See the attachments for the plat addresses. Note said addresses on the final plat. • These addresses are now shown on the final plat. 7. The County street name ("142Id Ave. SE") is not needed — noted on sheet 3 of 4. • This street name has been removed. 8. The bearing N 88020'02" W is missing from portions of the south line of lots 2 and 3. • This bearing is now shown on the plat. 9, The Declaration of Covenants, Conditions and Restrictions for the plat of Aspenwoods document needs to be referenced on the plat submittal. Also, provide a space on said submittal for the recording number thereof. Finally, include a legal description in the declaration document. • This reference has been placed at the lower left-hand corner of Sheet 1 of 4 including a space for the recording number. The legal description has been shown at the bottom of page 4 of the CC&R document. I have enclosed a copy of the CC&R's in this submittal for your review. 10. Note all easements, restrictions and agreements of record on the plat drawing. The First American Third Subdivision Guarantee Order No. 4268-675745, dated September 08, 2005 notes a number of easements, etc. that need to be noted on the final plat submittal. Also the Supplemental Report #1 to the V Report, dated January 11, 2006, notes two additional items that need to be added to the plat submittal. These have been noted on Sheet 2 of 4. 11. Note whether the adjoining properties are platted (give plat name and lot number) or unplatted. i These have been noted on Sheets 3 and 4 of 4. 12. Remove all references to density and zoning (Sheet 1 of 4). • These have been removed. 13. Remove the "OWNER, SURVEYOR/ENGINEER" block (Sheet 2 of 4). • This block has been removed. City of Renton My 5, 2006 Page 3 of 6 14. The "EASEMENT PROVISIONS" block (Sheet 1 of 4) notes that an easement has been reserved and granted to, in part, the City of Renton, for sewer, water, and sidewalk. However, Water District 90 is the water provider for this plat, not the City of Renton. Water District 90 needs to be added to the utilities noted within said block and remove the reference to water for City of Renton. This reference change has been made. 15. The storm drainage easement, noted on sheet 4 of 4 (east of the subject plat property) is a private easement (maintenance of outfall conveyance system outside right -of way is the responsibility of the homeowner's Association). Has it been recorded? Is it to be recorded with the plat? • The off -site storm drainage easement for the property to the east of the plat has been filed and the file number has been placed on the face of the plat on sheet 4 of 4. 1 have attached the recorded document with this submittal. 16. An updated plat certificate (dated within the 45-day time frame prior to City Council action on the plat) is needed. • A current plat certificate has been attached to this submittal and will be provided prior to City Council action on this plat, 17. If there are any changes to the lots or other aspects of this plat, those changes need to be highlighted on the next submittal. • There were no changes to the plat, lots or streets since the last submittal. The closures submitted herewith are the same as those previously submitted. 18. In the City of Renton approvals block on Sheet 1 of 4, there is a reference to "CITY OF RENTON COUNCIL", just before the Mayor's signature line. The word "COUNCIL" should be removed. • This block has been corrected. 19. Submit the Articles of Incorporation of the Aspenwoods Homeowner's Association with proof that it has been filed with the State of Washington. • They are attached with this submittal. 20. Add a note on the face of the plat referring to HEX condition No. 5: Access for Lot 7 shall be from access easement "A". The note has been placed at the bottom of the "EASEMENT PROVISIONS" section on Sheet 1 of 4. City of Renton July 5, 2006 Page 4 of 6 21 -Records show 2 single-family homes on the site area. One demolition permit has been issued (13050451), but not inspected. Please obtain all demo permits and have them finale. This is HEX condition No. 8. • I am enclosing copies of the permits for the demolition and removal of both houses. It is my understanding that Jeff Earle of Harbour Homes has now resolved both permits to your requirements and satisfaction. 22. In the Declaration of Covenants, Conditions and Restrictions, Article 2, at the top of page 5 must be completed by listing the common areas and who is responsible for maintenance and ownership. • I have enclosed a copy of the revised CC&R's for your review and approval. These items have been addressed. 23. In the Declaration of Covenants, Conditions and Restrictions, Article 5.1 on page 10 must be completed, similarly to previous review comment. * Same answer as Item 22. 24, In the Declaration of Covenants, Conditions and Restrictions, Article 5.2 on page 11 must be completed. • Same answer as Item 22. 25. In the Declaration of Covenants, Conditions and Restrictions, Article 6.2 on page 13 must be completed. Same answer as Item 22. 26. Add language in the Declaration of Covenants, Condition and Restrictions regarding maximum impervious area on any lot shall not exceed 2,900 square feet, as stated as a condition for the modification of Code Requirements, dated June 17, 2005. This item has been addressed on page 14 in Paragraph 6.3.9 of the enclosed set of CC&R's. 27. In the Declaration of Covenants, Conditions and Restrictions, Article 6.4 on page 14 must be completed. • Same answer as Item 22. 28. In the Declaration of Covenants, Conditions and Restrictions, Article 11.32 should have a sentence added that states, "This declaration may not be amended to eliminate the association's duty to maintain common areas without the prior written approval of the City of Renton. 0 This sentence has been added to Article 11.3.2 at the top of page 26 in the CC&R's. 29.In the Declaration of Covenants, Conditions, and Restrictions, maintenance of the stormwater facilities within the easement to the east have not been addressed. * This item is addressed in Article 5, Paragraph 5.1 on page 10 of the enclosed CC&R's. City of Renton July 5, 2006 Page 5 of 6 30. In the Declaration of Covenants, Conditions and Restrictions, change the return address to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 • The return address has been changed as requested. 31. The temporary turnaround radius (Lot 7) is a 45-foot radius. • This radius has been changed to 45' as shown on sheet 4 of 4. 32. Send us a copy of the letter from Water District 90 with their acceptance and substantial completion of the water improvements. • This letter will be submitted during the As -Built process. 33. Submit a letter stamped and signed by an engineer or land surveyor licensed in the State of Washington certifying the pond volumes, as soon as available or prior to recording. This item will be addressed during the As -Built process. 34. Lots 7-13 do not have trees. Revisions required to landscaping. • The approved drawing submitted on June 1, 2005, shows trees on those lots. A revised landscape plan is being submitted with this plat submittal. 35. Lots 15-16 do not have trees. Revisions required to the landscaping. • The approved landscaping drawing submitted on June 1, 2005 shows trees on those lots. 36. Lots 17, 28, 29 and 46 need trees fronting Ilwaco Place NE. Revisions required to landscaping. • The approved landscape drawing submitted on June 1, 2005 shows trees on those lots. 37. The preliminary plat conditions require sight obscuring landscaping i.e.: fencing on the north and west side of the detention tract. Suggest trees and shrubbery on the west side of the pond. Revisions required to landscaping. • Shrub planting has been added on the north and west side of the detention facility and is shown on the revised landscape plan being submitted with this plat submittal. 38. East side of the pond shows trees. Add detail showing the slope to the east of the concrete wall and the distance to the property line. Is fencing being installed over the concrete wall? Revisions to the landscaping plan required_ • A detail showing the east side of the detention facility has been added. The detention facility fence is to be on the facility wall. Please refer to the civil engineering set for information on the fencing. City of Renton July 5, 2006 Page 6 of 6 The remaining items 39 through 48 will be addressed at the appropriate time during and after construction but prior to filing the plat. If I have overlooked anything in your April 18'h letter, or if you determine that other things are required, please notify me as soon as possible so that this subdivision filing will not be delayed. Finally, 1 want to thank you for being so thorough in your review. It really helps us on this side. Respec,TJ D. R_ RO RONG nsulti Engineers Inc. Robert 0. Cavness, P.E. & P.L.S. Project Engineer ROC/sjw Enclosures T: �k04 1 W4166,L060705-Su6mitta!-ROC.doc CITY OF RENTON PlanningBuilding/PublicWorks Department Wheeler, Mayor Gregg Zimmerman P.E., Administrator Kathy Kevlkcr- June 17, 2005 Maher A. Joudi, EIT D.R. Strong Consulting Engineers Inc. 10604 NE 38th Place, Suite 101 Kirkland, WA 98033-7903 SUBJECT: Aspen Woods (LUA 04-1.43 PP) Request for Modifications Dear Mr. Joudi. After review of the proposed modification requests associated with the proposed single-family residential plat located generally at the intersection of Hoquiam Avenue NE and NE 8`h Street. This is new development with two proposed access points. The modification requests three separate items: Adjust alignment of Kitsap Avenue NE The southern stub of the proposed Kitsap Avenue NE is requested to be allowed adjustment six feet (6') east to accommodate the alignment proposed for the Wedgewood development to the south. The solution includes a design with two (2) 15-foot, 300-foot radius curves joined by a 100.6 V tangent. While not ideal, this is a residential street designed for neighborhood speeds and the modification may have the added benefit of traffic calming. This modification request is approved. Covenant to impose maximum impervious surface per lot The builder has requested to be allowed to limit the maximum impervious surface per lot to a total of 2,900 square feet, to Iimit the size of the required storm water facilities. This is below the maximum allowed by code. There is no minimum lot coverage threshold. There is a mix of proposed housing styles and the 2,900 square foot proposal represents the maximum design coverage, with the smallest homes covering only 2,091 square feet. This modification request is approved to allow final design of the pond using 2,900 square feet per lot. It is alleed that the develo er may roceed as proposed, under condition that a statement of covenant shall be placed both on the face of the plat and within the CC&R's for the HOA to be formed with the plat. NE 6th Street half -street improvement NE 61h Street is proposed to be dedicated to the City in an effort to protect future possible access to the undeveloped parcel to the west of proposed Lot 19, conform with the intent of the grid system, and provide both domestic and emergency access. City Code 4-6-050 (Street Standards) requires full street improvements for all adjacent rights -of -way for, within, and dedicated by a plat. There are also certain standards for width of dedication for proposed streets to be added to 1055 South Grady Way - Renton, Washington 98055 R E N T O N This paper contain550"o recycled material, 39% "consumer AHEAD OF THE CURVE Maher A, Joudi, EIT June 17,2005 Page 2 of 2 the City grid. One of these is the 35-foot half -street improvement to provide 28 feet of pavement with parking only on the development side, 5-foot sidewalk and curb, and streetlights. This allows full use of the street in a normal manner until such time as the remaining right-of-way is dedicated and improved by future development. This short stub of dedicated right-of-way may eventually be connected through to Hoquiam Avenue NE, but is anticipated to serve more as an alley than a full street due to the configuration proposed by the development to the south and possible development to the west. The private street standard is 26 feet wide with 20 feet of pavement, providing emergency access to all properties. This is wider than a typical alley section but gives the most flexibility for current plants, and,possible future development This decision to approve the proposed modifkatiotts is subject to a fourteen- (14) day appeal period from the date of this letter. Any, appo.ls of;the administrative decision must be filed with the City of Renton Hearing Eaminerbj+" 0Q p , JA 1, 2005 Appeals must be filed in writing together witthe required $75.00 application fee with: Hearing Examiner, City of Renton, 1055South Grady Way, Renton, WA 9$655. City of Renton Municipal Code Section 4-8-110: governs apPeals to the Examiner' Additional information regarding the appeal process may obtained from the Renton City Clerk's Office, (425) 430- 6510. If you have any questions, please contact Juliana Fries at (425) 430-7278. Sincerely, K n Kittrick Development Engineering Supervisor Public Works Inspections & Permits cc: Neil Watts, Development Services Director Stan Engler, Fire Marshal Juliana Fries, Engineering Specialist Land Use File -JEVELOPMENY SERVICES CITY OF RENTON JUN 17 2005 RECEIVED ,-� Kathy Keolker, Mayor April 18, 2006 Maher Joudi D.R. Strong Con. Engrs. 10604, NE 381h Place — Suite 101 Kirkland, WA 98033 CITI aF RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: ASPEN WOODS FINAL PLAT PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENT - LUA 06-025 — 46 SINGLE FAMILY LOTS PERMIT U050044 (UTILITY AND IMPROVEMENTS) PERMIT U060001 (STREETLIGHTS) Dear Maher, Staff has completed their review of the above subject 46-lot plat and has made the following comments. Although every attempt is made to do a thorough review, there made be additional comments as supplemental information becomes available_ Once you have completed the rcvisions please resubmit three bluelines to my office. Final Plat Recording Concerns: 1. The title of this plat is noted as "ASPENWOODS" on the final plat submittal. However, it has consistently been known as "ASPEN WOODS" in documents submitted to the city earlier in the plat approval process, Review and decide which version of the plat name is to be noted on the plat drawings. 2. Note the City of Renton land use action number and land record number, LUA-06-025-FP and LND-10-0424, respectively, on all four drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. 3. Note two City of Renton Survey Control Network monument numbers that correspond to the monuments noted on Sheet 2 of 4. 4. Complete City of Renton Monument Cards. with reference points of all new right-of-way monuments set as part of the plat. 5. "KING COUNTY" needs to be replaced by CITY OF RENTON in the "RECORDING CERTIFICATE" block (Sheet I of 4). 6. See the attachments for the plat addresses. Note said addresses on the plat submittal. 1055 South Grady Way - Renton, Washington 98055 RENTON AHEAD OF THP CURVEThis paper cT>ntain=_ 50°ii� � ecycled material, 30 %post consumer 2 7. The County street name ("142nd AVE SE") is not needed - noted on Sheet 3 of 4. 8. Bearing N 88' 20' 02" W is missing from portions of the south line of Lots 2 and 3. 9. The Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods document needs to be referenced on the plat submittal. Also, provide a space on said submittal for the recording number thereof. Finally, include a legal description in the declaration document 10. Note all easements, restrictions and agreements of record on the plat drawing. The First American Third Subdivision Guarantee Order No. 4268-675745, dated September 08, 2005 notes a number of easements, etc. that need to be noted on the final plat submittal_ Also, the Supplemental Report #1 to the 3rd Report, dated January 11, 2006, notes two additional items that need to be added to the plat submittal. 11. Note whether the adjoining properties arc platted (give plat name and lot number) or unplatted. 12. Remove all references to density and zoning (Sheet 1 of 4). 13. Remove the "OWNER, SURVEYOR/ENGINEER" block (Sheet 2 of 4). 14. The "EASEMENT PROVISIONS" block (Sheet 1 of 4) notes that an easement is reserved and granted to, in part, the City of Renton for sewer, water and sidewalk. However, Water District 90 is the water provider for this plat, not the City of Renton. Water District 90 needs to be added to the utilities noted within said block and remove the reference to water for the City of Renton. 15. The storm drainage easement, noted on Sheet 4 of 4 (east of the subject plat property) is a private easement (maintenance of outfall conveyance system outside right-of-way is the responsibility of the Homeowner's Association). Has it been recorded? Is it to be recorded with the plat? 16. An updated plat certificate (dated within the 45-day time -frame prior to City Council action on the plat) is needed. 17. If there are any changes to the lots or other aspects of this plat, those changes need to be highlighted on the next submittal. 18. In the City of Renton approvals block on Sheet 1 of 4, there is a reference to "CITY OF RENTON COUNCIL", just before the Mayor's signature line. The word "COUNCIL" should be removed. If you have any questions regarding specific comments in the above final plat drawing review please contact Bob Mac Onie at 425-430-7369. Plan Review Final Plat Comments: 19. Submit the Articles of Incorporation of the Aspen Woods Homeowner's Association with proof that it has been filed with the ,State of Washington. 3 20. Add note on the face of the plat referring to HEX condition No. 5: Access for Lot 7 shall be from access easement "A". 21. Records show 2 single family homes on the site area. One demolition permit has been issued (B050451), but not inspected. Please obtain all demo permits and have them finaled. This is HEX condition No_ 8. 22. In the Declaration of Covenants, Conditions and Restrictions, Article 2, at the top of page 5 must be completed by listing the common areas and who is responsible for maintenance and ownership. 23. In the Declaration of Covenants, Conditions and Restrictions, Article 5.1 on page 10 must be completed, similarly to previous review comment. 24, In the Declaration of Covenants, Conditions and Restrictions, Article 5.2 on page 11 must be completed. 25_ In the Declaration of Covenants, Conditions and Restrictions, Article 6.2 on page 13 must be completed. 26. Add language in the Declaration of Covenants, Conditions and Restrictions regarding maximum impervious area on any lot shall not exceed 2,900 square feet, as stated as a conditions for the Modification of Code Requirements, dated June 17, 2005. 27. In the Declaration of Covenants, Conditions and Restrictions, Article 6.4 on page 14 must be completed. 28. In the Declaration of Covenants. Conditions and Restrictions, Article 11.3.2 should have a sentence added that states: "This declaration may not be amended to eliminate the association's duty to maintain common areas without the prior written approval of the City of Renton". 29. 1n the Declaration of Covenants, Conditions and Restrictions, maintenance of the stormwater facilities within the easement to the east have not been specified. 30. In the Declaration of Covenants, Conditions and Restrictions, change the returning address to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 31. The temporary turnaround radius (Lot 7) is 45-foot radius. 32. Send us a. copy of the letter from Water District No. 90 with their acceptance and substantial completion of the water improvements. 33. Submit a letter stamped and signed by an engineer or land surveyor registered in the State of Washington certifying the pond volumes, as soon as available or prior to recording. Planning Review Final Plat Comments: 4b 4 34. Landscaping: Lots 7-13 do not have trees. Revisions required to landscaping. 35. Landscaping: Lots 15-16 do not have trees_ Revisions required to landscaping. 36. Landscaping: Lots 17, 28, 29 and 46 need trees fronting Ilwaco Place NE. Revisions required to landscaping. 37. Preliminary plat condition requires sigh obscuring landscaping + fencing on the nortb and west side of the detention tract. Suggest trees shrubbery on west side of pond. Revisions required to landscaping. 38_ East side of pond show trees. Add detail of showing slope east of concrete wall, and distance to property line. Is fencing being installed over concrete wall? Please explain. 39. Final inspection of fencing and landscaping shall be coordinated through planning; The planner for the final plat is Keri Weaver (425-434-7382). Construction Comments: 44_ Please note that the comments above address the plat review_ You will want to continue working with the City inspector, Mark Wetherbee, to insure that the project has a final walk through and sign -off by the inspector. This includes any punch list items from the inspector and/or the City Maintenance Division. You will want to verify that you have the proper street names on the street name signs (along with completing all street signage) that are required to be installed prior to recording. Please contact Mark Wetherbee if you have any questions on these construction items. Fire Prevention Comments: 41. All roadway and street signage work needs to be completed. As -Built Concerns: 42. The construction permit plan mylars must be checked -out from the sixth floor public works counter and updated or replaced with a complete As -Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As -Built by a licensed surveyor or engineer. The mylars are labeled As -Built in large block letters and stamped by a PE or PLS. Submit an ASO file along with your As -Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all street lights, sanitary sewer, and storm drainage systems easements which shall be consistent with the As -Built location of the utility. Once the above have been addressed, submit one set of As -Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. Construction Cost Data Concerns: 43. At the same time the As -Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Sanitary Sewer System, Storm Drainage Systems, street improvements and street lighting on the Cost Data and Inventory Form and sign it at the bottom. This form is to reflect only those facilities that will be turned over to the City. Examples of items that are NOT turned over are side sewer 5 stubs, water service tines and private storm drainage facilities. Return the original form to my office, 44. The Bill of Sate is to reflect the items and quantities as shown on the Cost Data and Inventory form (both are enclosed). 45. A maintenance bond is required in the amount of 10% of the grand total of the water, sewer, storm, street and street lighting costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The permit bond will be released upon receipt and acceptance of the maintenance bond, have the above documentation and final sign -off by the inspector. Fees: 46. The applicant shall pay the Fire Mitigation Fee of $488 per each new single-family lot prior to the recording of the final plat. 47. The applicant shall pay the Transportation Mitigation Fee of $717.75 per each new single- family lot prior to the recording of the final plat. 48. The applicant shall pay the Parrs Mitigation Fee of $530.76 per each new single-family lot prior to the recording of the final plat. It is a team effort of all of the above City divisions your engineer and your surveyor to get your plat to final plat approval. If you have any questions, please contact me at 425-430-7278. Thank you for your cooperation. Sincerely, r r ullana Fries, eveloprnent ices cc: Kayzen Kittrick Lua 06-025 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 12, 2006 TO: Juliana Fries ,�5 FROM: Sonja J. Fesser � SUBJECT: Aspen Woods, LUA-06-0424-FP Format and Leal Description Review R "'Ut t D APR 17 REUB PLAN REVIEW Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: The title of this plat is noted as "ASPI NWOODS" on the final plat submittal. However, it has consistently been known as "ASPEN WOODS" in documents submitted to the city earlier in the plat approval process. Review and decide which version of the plat name is to be noted on the plat drawings. Note the City of Renton land use action nurrther and land record number, LUA-06-025-FP and LND-10-0424, respectively, on all four drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number - Note two City of Renton Survey Control Network monument numbers that correspond to the monuments noted on Sheet 2 of 4. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. "KING COUNTY" needs to be replaced by CITY OF RENTON in the "RECORDING CERTIFICATE" block (Sheet 1 of 4). See the attachments for the plat addresses. Note said addresses on the plat submittal. The County street name ("142"' AVE SE") is not needed - noted on Sheet 3 of 4. lRAF le Sy,&ND - Land Subdivision & Surveying Rc«)rdALND i0 - P1at,,M4241RV0bf1406.doc April 17, 2006 Page 2 Bearing N 88' 20' 02" W is missing from portions of the south line of Lots 2 and 3. The Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods document needs to be referenced on the plat submittal. Also, provide a space on said submittal for the recording number thereof. Finally, include a legal description in the declaration document Note all easements, restrictions and agreements of record on the plat drawing. The First American Third Subdivision Guarantee Ordcr- No. 4268-675745, dated September 08, 2005 notes a number of easements, etc. that need to be noted on the final plat submittal. Also, the Supplemental Report #I to the Yd Report, dated January If, 2006, notes two additional items that need to be added to the plat submittal. Note whether the adjoining properties are. platted (give plat naive and lot number) or unplatted, Remove all references to density and zoning (Sheet 1 of 4). Remove the "OWNER, SURVEYOR/ENGINEER block (Sheet 2 of 4). The "EASEMENT PROVISIONS" block (Sheet 1 of 4) notes that an easement is reserved and granted to, in part, the City of Renton for sewer, water and sidewalk. However, Water District 90 is the water provider for this plat, not the City oi' Renton. Water District 90 needs to be added to the utilities noted within said block and remove the reference to water for the City of Renton. Is the storm drainage easement, noted on Sheet 4 of 4 (east of the subject plat property) a private casement or public'? Has it been recorded.. or is it to be recorded with the plat? An updated plat certificate (dated within the 45-day time -frame prior to City Council action on the plat) is needed. If there are any changes to the lots or other aspects of this plat, those changes need to be 17 highlighted on the next submittal Comments for the Project Manager: In the City of Renton approvals block on Sheet I of 4, there is a reference to "CITY OF RENTON COUNCIL", just before the Mayor's signature line. Should "COUNCIL" be removed? Former Mayor Tanner did not want to see the ward "COUNCIL" on the final plat submittals. Has the present Mayor made any comments concerning this matter? It's a small thing, but sometimes important to the persons concerned. H:%Filc Sys\LND - Land subdivision x Surveyinc Hccor(MLND-10 - Fla LA0424TV060406.docluur ASPENWOOD A PORTION OF THE SE 1/4 OF THE sW 114 OF THE NE 1/4 , SECTION 10, TWP. 23 N, ROE. 5 E., W CITY OF REN TON, KNa COUNTY, WASHFWON N. C1NE OF THE 5 i/2. SW 'ANE 7/< S 8810'08' E - 481.94' ��-� La..•s aoa.5r Paz,:. 37 3fi 35 34 s Q 33 32 31 30 ♦Te2 sQrr. ,, '� >. - 5,346 SWT. g P �s4s Burr. 8 ,. -%M q. SAO 34T. g N.M M.". $ W 1EAcrm� 61 _ ��Ln ---------- - trp wl T NE 8iH PL F u 4 NII.� 'b5'7araR-E _ } l h 20 ' 21 + 22 23 8.518 SoM. k3W SOFT. $ p s-Ve B4fti R 4M S057 # Mae wor �LiF1 gCN yClSi FtENT WT 37 51i0R1 {S4YJlR FUR LDT aa) ram` E-W CEfMUl1E SECTIOM ~- Q — IMY OF RENTON RLE SEF Jul. I L- N N w ALE 1 T161 . w F7 LEMD 0 SET STANDAIM KM COUNTY 51r FKRM AND CAP VARIED 'IM4r - T AT All LOT coFadm �LiF1 gCN yClSi FtENT WT 37 51i0R1 {S4YJlR FUR LDT aa) ram` E-W CEfMUl1E SECTIOM ~- Q — IMY OF RENTON RLE SEF Jul. I L- N N w ALE 1 T161 . w F7 LEMD 0 SET STANDAIM KM COUNTY 51r FKRM AND CAP VARIED 'IM4r - T AT All LOT coFadm w�0vM97 air:• —1-71;� volmonmMolml 4111MMKO0N 0 000)Og3"r �1000 rsa.� � . a �01wF,�1sa wc&lrkl ►7 f•!'i I �►Ll i77 �.^,.,:a: s�ii. orn��, r'iTi� EEL All i=�=.i;12Ti MMIMMO M. ♦ i�NORMi �Ts•a SEEM__ 71 ?7 � 00�11111Wii VTQ �L�J Cor�sulfln� Eroglnben fnc. EMglEkilS- • PLANF FilB • SUhM&MM h M o-> FM (4 0 80-640 JOB NO 04-156 sHEET 3 of 4 s 6T- RECEI'V'.' 20;l CJY OF RENJ�,' JTII I !TY Syz-1 ;E:A; 1 ASPENWOOD3 A PORTION OF THE BE 114 OF THE SW 114 OF THE NE 114.8ECTION A TWP. 23 Fig RGE 5 Er W.1A �I I cTft"V c scu.E � 4 1�0 a eo 1"-40 Fr- LEGM 0 SET STMbAMO PM OXWW &KNUMEM ag m" mm CAP Y= 'ISs�Y AI $T AT ALL LM OOICIM m m 0 W-M ®amwi —1WMI mks loollml 'j ��•E•-1 . rim ���•9 FFFFFFFFFF(r'IZ�S'� 7 ..c.W.. ^a. FFFFFFFFFt�'.7�aFl nar•_■ �ti'[�S1Sl�.-tii MA CITY OF RENTON FILE } NE 8TH CT NE 1 /4 '. i SFl�p'Oq'E 5 t �MF •y AALY R :g i05 �1i'04'E 13 qri; 'so W r R " ; U7.7P' 'l �'dfgp'F i x �la 0.7"75 S( 11�pp•. W �h 21= I 5�o2'E a 14 I � 0.477 SC 5' MA1ER z\ Etsagrt fTR NE 8TH PL "w 137-0 U TEWPORARY 7LIRiJ AitLkAl�b EASE R SHALL OE M IrEPON ERM OF 7�1 QMiEt1(� GF LOT 17 'M 01 M 1ME IOrORYtY AM -M OM ON THAT LOL 1ME11 2WACO OkV& E IS EXIMNDM SOS n*XY FROM 79 M1MsWft 1YM NE tM 61EtF£T, R&]I 71ff IT.IIPOFIMY RJmI AMOYFb CA$7ElR iWL AUTOLOATTOAMY FJCFI1T91WN WOEIFIER YR1H ANY YAWiF71AMCE IIFW@RMUM MONAL OF ANY MPM7VEL AMQATEO M11H TM TBPWMY U M.NM MO WLL BE THE FEWMS. M OF TTE OM-AXS) Or sw LOT 1-1. 0' L SfiRY ORA5IA.E I� EA�'1rlYT Consuftinp Engfneen+fnc. F}gM�RS • P'LAIM4� • 1m1M1YEYQIiSi PL ( m-M aF too INF-sw JOB NO 04 -•160 MIM1 4 OF 4 v t, R)`+ Kathy Keolker, Mayor CITY JF RENTON MEMORANDUM Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garman Newsom 11 Shawn E. Arthur To: Juliana Fries, PBPW E C 1 V E D From: Lawrence J. Warren, City Attorney ,APR . Date: April 7, 2006 Subject: Aspen Woods final Plat — LUA 06-025-FP BUILDING a v 5''u" Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods The covenant, in Article 2, at the top of page 5 must be completed by listing the common areas and who is responsible for maintenance and ownership. Similarly Article 5.1 on page 10 must be completed. Article 11.3.2 should have a sentence added that states: "This declaration may not be amended to eliminate the Association's duty to maintain common areas without the prior written approval of the City of Renton." Lawrence J. arren LJW:tmj cc: Jay Covington Kayren Kittrick Gregg A. Zimmerman, PE Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 0 This paper ccntain; 5C.mecycielmaterial,30%postconsumer RENTON AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 6, 2006 TO: Larry Warren, City Attorney FROM: Juliana Fries x 7278 SUBJECT: Aspen Woods Final Plat - LUA 06-025-FP Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen Woods Please review the attached Draft Declaration of Covenants, Conditions and Restrictions for the Plat of Aspen woods document as to legal form. A copy of the Hearing Examiner's Report dated March 1" 2005 is attached for reference and your use. Recommendation 7 states that "A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements landscape Tract B, access easements, stormwater Tract A) of this development. A draft of the documents(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat_" Note: Tract B referenced in the preliminary plat will be dedicated ROW. Landscape and maintenance is required. See attached plat map (highlighted area). Should there be a description (i.e. northern portion of NE 8"' Ct) of the landscape area in the CC&R's? This plat also was granted a Code modification to reduce the size of the detention facility, by limiting the impervious surface per lot. The Approval of Modification is dated June 17, 2005. Paragraph 4 states: "This modification request is approved to allow final desim of the pond using 2 900 square feet per lot. It is agreed that the developer may roceed as prQposcd, under condition that a statement of covenant shall be places both on the face of the plat and within the CC&R's for the HOA to be formed with the plat" The plat has a detention/water quality pond, landscaping areas, and fence around the pond. The consideration by the Council will be May 2006. If 1 may be of assistance with this request picase call me at 430-7278. Thank you. cc: Kwren Kitlrick LUn06-025 pril 4, 2005 Renton City Council Minutes Page 112 Councilman Law stated that the event should be cost neutral to taxpayers. *MOTION CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilwoman Palmer, items 8.h. and 8.i. were removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of March 21, 2005. Council concur. March 21, 2005 Court Case: Renton Police Court Case filed on behalf of the Renton Police Officers' Guild by Aaron D. Officers Guild, CRT-05-002 Jeide, Cline & Associates, 999 3rd Ave., Suite 3800, Seattle, 98104, alleging that the City has no legitimate interest in compelling Police Officer Steve Morris to submit to a mental evaluation. Refer to City Attorney and Insurance Services. Annexation: Akers Farms, Economic Development, Neighborhoods and Strategic Planning Department 108th Ave SE & SE 164th St submitted 10% Notice of Intent to annex petition for the proposed Akers Farms Annexation, 13.61 acres located in the vicinity of 108th Ave. SE and SE 164th St., and recommended a public meeting be set on April 18, 2005, to consider the petition. Council concur. Plat: Aspen Woods, Hoquiam Hearing Examiner recommended approval, with conditions, of the Aspen Ave NE, PP-04-143 Woods Preliminary Plat; 46 single-family lots on 8.15 acres located at 852 and 864 Hoquiam Ave. NE (PP-04-143). Council concur. Plat: Parklane Court, Lyons Hearing Examiner recommended approval, with conditions, of the Parklane Ave NE, PP-04-142 Court Preliminary Plat; ten single-family lots on 4.3 acres located at the 100 block of Lyons Ave. NE (PP-04-142). Council concur. Police: Domestic Violence Police Department recommended approval of the Edward Byrne Memorial Advocacy Assistance Program, Justice Assistance Grant in the amount of $39,120 to help fund the Domestic Edward Byrne Memorial Violence Advocacy Assistance Program. Council concur. Justice Assistance Grant Lease: Aerodyne Aviation Transportation Systems Division recommended approval of Addendum #11 to Addendum #11, Airport, LAG- LAG-84-006, Airport lease with Aerodyne Aviation, to increase the leased 84-006 square footage. Refer to Transportation (Aviation) Committee. Utility: SW 34th St Culvert Utility Systems Division recommended approval of a contract in the amount of Replacement Design, RW $116,049 with R.W_ Beck, Inc. for the SW 34th St. Culvert Replacement Beck Project design. Council concur. Added Item 8.k. Planning/Building/Public Works Department recommended approval of an Public Works: SW 27th St agreement with the Federal Reserve Bank of San Francisco regarding the SW Improvements, Bond Issuance, 27th St. parcel and the stormwater detention parcel, and recommended Federal Reserve Bank authorization to issue $3,000,000 in bonds to pay for the City's share of the SW Agreement 27th St. and Strander Blvd. extension project. Refer to Committee of the Whole. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEMS 8.h. AND 8.i. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Transportation Systems Division recommended approval of the temporary Item 8.h. street closures of Lake Washington Blvd. NE, in the vicinity of NE 50th St., for Streets: Lake Washington Blvd the Lake Washington Blvd. Slip Plane Project. Closures to take place April 15 NE Temporary Closures through July 15, 2005. City or . anton Department of Planning 1 Building / PuL Works VIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 6, 2006 APPLICATION NO: LUA06-025, FP `- DATE CIRCULATED: MARCH 23, 2006 C APPLICANT: Harbour Homes, Inc. PROJECT MANAGER: Juliana Fries MAR 2 PROJECT TITLE: Aspen Woods Final Plat PLAN REVIEW: Keri Weaver SiTE AREA: 8.2 acres U7tLlFY ENTON BUILDING AREA (gross): SYS7 LOCATION: 864 & 852 Hoquiam Avenue NE WORK ORDER NO: 77559 SUMMARY OF PROPOSAL: Final Plat of Aspen Woods with 46-single-family residential lots. The plat includes installation of sanitary sewer, water main, stormwater drainage, sidewalks, streetlights and paving. A. ENVIRONMENTAL IMPACT (e.g. Nora -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health i=nergy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation Utilities Transportation Public services HistoriclCultural Preservation Airport Environment 10,000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to property assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: plan c, i COMMENTS DUE: APRIL 6, 2006 APPLICATION NO: LUA06-025, FP DATE CIRCULATED: MARCH 23, 2006 APPLICANT: Harbour Homes, Inc. PROJECT MANAGER: Juliana Fries PROJECT TITLE: Aspen Woods Final Plat PLAN REVIEW: Keri Weaver SITE AREA: 8.2 acres BUILDING AREA (gross): LOCATION: 864 & 852 Hoquiam Avenue NE I WORK ORDER NO: 77559 SUMMARY OF PROPOSAL: Final Plat of Aspen Woods with 46-single-family residential lots. The plat includes installation of sanitary sewer, water main, stormwater drainage, sidewalks, streetlights and paving. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Housing Aesthetics Li htlGlare Recreation Utilities Transportation Public Services HistoriclCultural Preservation Airport Environment 10,000 Feet 14, 000 Feet C. CODE -RELATED COMMENTS Gt-�L SC ac p i r} D S ~ 13 C�� n a-c.� t °'d� LD tS — l to - �& c r 17 t ?, " 94 (t7 �► e_l 7"r ci,� CG�LGi ! u t�t__� a S !Z D G r ,1`i v1 d S C a f -1- r N Qnc tt) S; o p ',S�rJ J o-r--) East s�'o- of / We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inform Lion is needed -to property assess this proposal. Signature of Director or,4tAhorized Representative Date City of Re,!,,,n Department of Planning / Building / Public K S ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING D-PARTMENT:� f� COMMENTS DUE: APRIL 6, 2006 APPLICATION NO: LUA06-025, FP DATE CIRCULATED: MARCH 23, 2006 APPLICANT: Harbour Homes, Inc. PROJECT MANAGER: Julian nes T 7 PROJECT TITLE: Aspen Woods Final Plat PLAN REVIEW: Keri Weaver 1, SITE AREA: 8.2 acres BUILDING AREA (gross): LOCATION: 864 & 852 Hoquiam Avenue NE WORK ORDER NO: 77559 SUMMARY OF PROPOSAL: Final Plat of Aspen Woods with 46-single-family residential lots-Tbe-pdaLincludes installatbn--of 106'ry sewer, water main, stormwater drainage, sidewalks, streetlights and paving. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water plants Land/Shoreline Use Animals Environmental Health Enerpyi Natural Resources S. POLICY-RELA TED COMMENTS L�x C. CODE -RELATED CO, O MENTS 6t- (0 r I/ e S �i We have reviewed th' application areas where additional information Signature of Direct or Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Lr hUGtare Recreation Utifities Transportation Public Services HistoricJCultural Preservation Airport Environment 10. 000 Feet 14, 000 Feet �x�le A6114161 it -ular attention to those areas in which we have expertise and have identifi ;areas of probable impact or to properly assess this proposal. tative Date y t � t Kathy Keolker, Mayor March 23, 2006 Maher Joudi DR Strong Consulting Engineers 10604 NE 38`h Place #101 Kirkland, WA 98033 Subject: Aspen Woods Final Plat LUA06-025, FP Dear Mr. Joudi: CITY �F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator The Development Planning Section 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 meat (425) 430-7278 if you have any questions. Sincerely, i1i'aaIna Fries ject Manager cc: Harbour Homes, Inc. / Owner 1055 South GradyWay - Kenton, Washington 98055 MTM. n —r ---I_si m.4 mi ^,nog, nnel mne—r RENTON AHEAD OF THE CURVE CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 22, 2006 TO: Juliana FROM: Stacy SUBJECT: New Land Use File Set -Up Please complete the following information to facilitate routing of file and application acceptance. If you have special form requirements or instructions, please write them in the "Comments" section. Project Name: Aspen Woods Final Plat Project Manager: Juliana Fries Reviewer: LUA (File) Number: LUA06-025, FP Applicant: Harbour Homes, Inc. Acceptance/ Submittal Date: March 8, 2006 Circulation Date: Work Order #: 77559 Function #: 4100 Comments Due: %(p Project Description: 6 Site r1 _v sq. ft. Bldg. Ar6a ��q. ft. Project Area: A-C.acre(s) (gross): acre(s) Location: iC 1 2wp UZ3 Other Permits Studies/ Req'd: Reports Req'd: Public Approvals: Zoning/Land Use: Dev. Reqs: Tentative ERC Date: Tentative HEX Date: Categories: Single-FamilyGr— School/Utilities/Public Project ❑ Church/Daycare ❑ Commercial ❑ Industrial ❑ Multi -Family ❑ Wireless D DOT Notification Required: NOA only Cl TIA ❑ Boeing Notification: YES❑ N013 School District Letter: YESI] NO❑ Airport Notification: YESO NO❑ Renton School ❑ / Issaquah School 13 Wetlands: YESM NOR_ Comments: CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: LUA04-143, PP, EGF Aspen Woods Preliminary Plat Brian Mannelly, Harbour Homes 852 & 864 Hoquiarn Avenue NE DESCRIPTION OF PROPOSAL. The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-lot subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual. development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single -ramify homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal. Access is proposed off of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. a. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Study dated September 21, 2004, regarding site preparation and structural fill material. b. The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (fESCP) pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staff shalt review both plans prior to issuance of Construction Permits. The applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. C. The project contractor shall perform daily review and maintbnance of all erosion and sedimentation control measures at the site. d. Certification of the proper removal of the erosion control facilities shall be required prior to the recording of the final plat. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. 3. The applicant shall pay the applicable Parks Mitigation Fee based on a rate of $530.76 (44 x $530.76 $23,353.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. 4. The applicant shall pay the applicable Traffic Mitigation Fee based on a rate of $75.00 (44 x 9.57 = 421 x $75.00 $31,575,00) per each new additional trip generated by the project with credit given for the two existing single- family residences, prior to the recording of the final plat. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of $488.00 (44 x $488.00 $21,472.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. OFFICE OF THE HPARING EXAMINER CITY OF RENTON Minutes APPLICANT: OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVEL-OPMFNT SERVICES REPORT: Brian Mannelly 1 ],,irbour Homes 3400 9"' Avenuc S., 4120 I,cdcral Way, WA 98003 Estate of Dennis G. Spiry 1 1832 142"d Ave SE Renton, WA 98059 Tina aild Kenneth Kiger 1 1826 142" d Ave SE Renton, WA 98059 Kimberly Ann Siegrist 12240 142"d Ave SE Kenton, WA 98059 Ashen Woods Preliminary Plat File No.: LUA 04-143, PP, ECF March 1, 2005 MAH 0 z zoos. i �lr 0 NG Dl�I ;ice 85:_' and 864 Hoquiain Avenue NE and an abutting vacant parcel to the south ;'Approval for a 46-lot subdivision of all 8.15-acre, three parcel tiilc: inlcnded for detached single-family homes. I)c%clopment Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on January 25, 2005. PUBLIC I TEARING: After reviewing the Development Services Report, examining a� ailable information on file with the application, field checking the property and surrounding area-, the Examiner c011clrrcled a public hearing on the subject as follows: MINI TTES The following minutes are a sunrrnary of the February 1, 2005 hearing. The legal re coal is reeorcled on CD. The hearing opened on Tuesday, February 1. 2005. at 9:15 a-m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testif'X- `.crc �i('f'irmed by the Examiner. Aspen Woods Preliminary Plat File No.: LUA-04-14 3, PP, FCF March 1, 2005 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request.___ Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Grading Plan Exhibit No. 5: Utilities Plan Exhibit No. 6: Tree Cutting/Land Clearing Plan Exhibit No. 1: Conceptual Street Tree Plan Exhibit No. 8: Zoning Ma Exhibit No. L. ERC Mitigation Measures The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located on the east side of Hoquiam Avenue between NE 4`' Street and Sunset Boulevard. There currently are two single-family residences and some associated accessory structures on the site. The site was annexed as part of the Johnson Annexation from King County in October 2004 and at that time was rezoned to Residential 8 zoning. Access to the property ).vdI be via two points of access off of Hoquiam. Internal streets will be known as NE 7"' and NE 8"' as well, there will be another internal street to be known as Kitsap Avenue NE. There will also be two private easements, one in the northeast corner and the second easement is in the south corner. There are no critical areas on the City maps, however wetland delineation was provided by a wetland consultant. It was found that there were two small wetlands on the site but they are not regulated by code. The site will be served by a retention detention system combined with a detention pond on Tract A. The site will also require a sewer lift station. The site is vegetated, the tree clearing plan identities 123 substantial trees that will be removed, the city will require two trees per each new lot. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated for the project, which included five mitigation measures. No appeals of the determination were filed. It was found that the proposed development is in compliance with the Comprehensive Plan designation for Residential Single Family_ This proposal is vested under the R-8 zoning development standards that were in effect prior to the code changes. A net density of the development would be 7.0 dwelling units per acre, which is within the allowed range_ Minimum lot size for the R-8 zoning density is 4,500 square feet, all lots are in compliance with this requirement. As far as the standards for setbacks, building standards for height and lot coverage and required off street parking it appears that as proposed the site can comply with all the requirements. However, those requirements will be verified at the point of building permit submission for the individual structures. The proposed site does meet at the requirements for lot arrangement, size, shape and orientation. The proposed lots appear to have sufficient building area for the development of suitable detached single-family homes. It is recommended that Aspen Woods Preliminary flat File No.: LU'A-04-143, PP, FCF March 1, 2005 Page 3 Lots 7, $, and 9 take access via an casement across l.ot 7, also the same thing would take place with Lots 17, 1$ and 19. The stubbed street to the south and the necessary turnaround on Lot 17 does make that lot undevelopable. The applicant is aware of that restraint at the current time. [here is no additional right-of-way dedication for Hoquiam, street irnprovenrertts will be required fur all tlnc internal streets. The lots abutting Hoquiam will not gain any direct access to 1 Ioquiarnn but to the internal streets. A homeowner's association or maintenance a�_,rccuicnt is sug`,cstcd for the development, which wc,uld be responsible for any common improvements and/or tracts within the plat. Traffic, Park and Fire Mitioations fees were required. The site is a i,entle downward slope from mcsl to cast \\ ith it ranee of 3 to 10 percent. Staff did discuss with the applicant the feasibility of reserving significant trees along the perimeter of the site, it appears due to site grading and proposed grade changes as well ,is expected land disturbance, it is unlikely overtime these trees would survive_ The gcotechnical report concludes that the soils are suitable for the 46-lot proposed development. Temporary Erosion and Sediment Control 11,11n anti the use of Best Management Practices would serve to mitigate potential erosion and off -site sedirnent<ition iinpacts. The subject site is located within the Renton ticlwol District boundaries and they have indicated that they can accommodate the new students. The site is located in the May Creek Urainatsc Basin. 'l lie development will meet the drainage requirements of the 1998 King County Storm Water Manual standards. The 16,466 square foot storm water retention/detention tract is located at the southeast corner of the site at what will be the corner of NE 7"' Streci and Kitsap Avenue NE. The draina�`�e futility is being sized to acconunudate all 46 lots within the subject plat. The applicant will provide a Certificate of Water Availability, showing that the District's system can provide a minimum of 1, 000 gpm of available tire flow per fire hydrant. Luay R. JOUdeh, Engineer with D.R. Strong, 10604 N1` 3 " Place, Ste. 101, Kirkland, WA 98033 stated that he is the project engineer and represents Harbour I lorries, the applicant. In regards to the condition #4 which speaks to the homeowner's association in order to take care of some landscape tracts and easements. He would recommend that the staff be asked to reconsider the I,M"Uage as far as which portions of that subdivision will require the homeowner's association to maintain those areas. Easements A and B should be maintained by those properties that are users of those easements. (F.aserucnt A responsibility would be Lots 7, 8 and 9, and Easement B would be the responsibility of Lots 17, 19 and 19). The second issue is a safety issue that requires solid fencing and thick landscaping around storm drainage ponds. It could become a safety issue with children climbing over fences and falling into the pond, with think vegetation and solid fencing it is impossible forthe public to see what is going on. Most jurisdictions in this area would recommend the use of vinyl coated chain link fencing. This type of fcnce has a greater dnr.rbilii� than a solid wood fence. The Examiner stated that he must have the ahilit- to release the storm water into the wetland adjacent to the site, not overburden it but to make sure that the %\ ctland maintains it viability, and secondly, the water availability so it is clear that domestic drinking water is available 11-orn the outside water district. Mr. Jondeh stated that the natural discharge on the site is along the eastern boundary line, obviously the areas where the storm drainage pond is located is one ofthose natural discharge points. The proximity of the wetland Aspen Woods Preliminary Plat File No.: L.UA-04-143, PP, ECF March 1, 2005 Page 4 to the eastern boundary line would allow the spilling of surface water should an easement become uniivailable. They are working with the developer to the east and there are discussions about doing a joint facility to accommodate this stone drainage pond along with their storm drainage pond, They have also been working with the developer to the east to obtain a drainage easement to allow them to discharge into the wetland. He did believe that they had the water availability certificate from the Water District. Kayren Kittrick; Development Services stated that the sewer lift station, if both the south and the southeast come in they will all be connected together and there will be no need for a lift station. Aspen Woods coming in first gets to spend a little more money and they will have to lift to Hoquiam. The temporary turnaround does mean that the developer does lose a lot. There usually is a covenant on the face of the plat that the half bulb would only go away and Lot 17 become available at the time the road is built. Ms. Kittrick stated that they did have the water availability certificate dated August 29, 2004. John Merlino, Harbour homes, 3400 9"' Avenue South, Ste. 101, Federal Way, WA 98003 commented on the fencing materials of solid wood. They just recently completed the project known as Marine Highlands and the storm ponds there hold a significant amount of water. As a parent or concerned adult, to know that a child got inside the pond and couldn't get out and potentially drown with nobody able to see it due to the solid screening. He strongly encouraged staff to allow any applicant to construct with a vinyl chain link fence_ The Examiner- stated that is seems that the fencing is a code requirement and that in order to change it some code modifications would have to be necessary. Ms. Kittrick confirmed that was correct. 1f it is policy it is easily modified, if it is code there is a modification process that must be followed. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10.01 a.m. FINDINGS CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Brian Mannelly, filed a request for a 46-lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit 41. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 852 and 864 1loquiam Avenue NE as well as an unaddressed parcel south of those parcels. The subject site is located on the cast side of Hoquiam (142nd Avenue SE, King County address) and is located north of SE 121st Street (King County address). The subject site is located on the eastern edge of the City north of NE 4th Street. Aspen Woods Preliminary Plat File No.: LUA-04-143- IT, FCF March 1, 2005 Page 5 6. The map element of the Comprehensitie Plum designates the area in which the subject site is located as suitable for the development of single-I1rt1ii1� use, but does not mandate such development without consideration of other policies of the. Plan. The subject site is eurrently zoned R-8 ('�iugle family - 8 dwelling units/acre), l he subject site was annexed to the C'it', „ith the adoption of Ordinance 4498 enacted in February 1995. The subject site is approximately $. 1 5 acres or 355,014 square feet_ The parcel is irregularly shaped as it steps around some other parcels frontin{.! along Hoquiam. The subject site is approximately 660 feet wide (north to south) by approximatch, (, 10 fcet deep. The site has approximately 370 feet of frontage along 1-loquiam. t0. Two sing le -family homes that are 10C lted 011 the snbjcct site would be removed if the plat is approved. 1 I- The subject site slopes downward to the southc;rst with grades ranging up to 15 percent. There are two small, unregulated wetlands on the strhject site that would be tilled. Tlicre are no other critical areas on the subject. 12, The subject site contains both conifer , anti deciduous trees as well as slimbs and a variety of other plants. The applicant proposes to remm e all N c,ctation including approximately 123 substantial trees to allow site preparation for roads, building palls and driveways. The applicant proposes a small landscape tract at the north«-cst corner of the site b� imc of -the entrance roads. 13. fhe applicant proposes importing approxiimitcl. 16,862 cubic yards of till to level the site including the approximately 2,700 square feet of non-rel�11kitcd wetland. 14. The applicant proposes dividing the 8.1 ,, aereti into a 46-lot subdivision. The lots would be arranged along thrce new, streets including two nev, cast -nest streets. NE 7th and NE 8th Streets, and a north south street. Kitsap Avenue NE. NE 81h erect `could run east and then curve south where it would become Kitsap. NE 7th Street would be smith ol'NF. 8th and it would cross Kitsap where it would currently end as a stubbed street at the eastcrn edge of the property. It would evcrrtually connect to the east. Similarly, Kitsap wonld terminate in a stub street at the southern edge of the subject site. 15. A new interior block with two tiers of lots %%ould be created between Hoquiam, NE 71h, NE Kth and Kitsap. Generally, three tiers of lots %iMlld be created north of 8th, south of 7th and east ol' Kitsap. 16. Proposed Lots 8 and 9 in the northeast coo ncr of the site and Proposed Cots 18 and 19 in the southwest corner of the site would be served by lint atc ;recess roadway. All of the other lots would be located on public roads although Proposed Lots and 17 could share the private access points. Staff recommended that these IWO lots use the easements 10 reduce the number of adjacent driveways and roadway intersections. 17. Staff has noted that the current terminus of K itsap needs to be a developed turnaround over a portion of Proposed Lot 17. Lot 17 could not be dcv eloped until Kitsap is extended as a connecting through street. Staff recommended that potentially making the casement serving Lots 18 and 19 a half street might be appropriate. 18. The proposed lots are all generally reclarimrlar and ran-c in size from 4,752 square feet to 8,350 square feet. Aspen Woods Preliminary Plat File No-: 1_.UA-04-143, I'll', ECF March 1, 2005 Page 6 19. A number of corner lots will be created and staff noted that they all provide appropriate radius curves and appropriate lot width. 20. The density for the plat would be 7.0 dwelling units per acre after roadways. 21. The proposed plat is in the May Creek drainage basin. Proposed Tract A located at the southeast corner of NE 71h and Kitsap would be used for stormwater detention. The pond would be designed to comply with the I911 King County standards, Level 2 flow control. Water would then flow into an offsite wetland east of the site. Certain safety requirements are required for holding ponds and staff has recommended screening. An easement to release water to the adjacent property will be required. 22. The subject site is located within the Renton School District. The project is expected to generate approximately 20 school age children. These students would be spread across the grades and would be assigned on a space available basis. 23. The development will increase traffic approximately 10 trips per unit or approximately 460 trips. 24. A sewer lift station will probably be required. 25. The subject site will be served by Watcr District 90. 26_ Staff noted that one of the proposed landscape trees might contain a poisonous fruit and recommended that it be replaced with something less deleterious. CONCLUSIONS: The proposed plat of 46 lots appears to serve the public use and interest_ While it would liave been nice If some of the larger significant trees could have been saved, it appears that the nature of small -lot development makes it rather difficult to preserve larger trees while carving out building pads, roads and driveways. The plat creates almost an entire complex of very regular, rectangular lots and rectilinear streets. 2. While there were two small wetlands on the site, they are unregulated and will be filled. Storrnwater from the subject site will be used to recharge wetlands adjacent to the site preserving natural amenities located near, if not on the subject site. The plat will create additional housing opportunities in an area where urban services such as water and sewer are either available or can readily be extended to serve the new population. The applicant will create additional traffic but it appears that it can be handled by the proposed gridded street system with potential access created for adjoining properties. Staffs recommendation of a half street westerly from the stub end of Kitsap seems appropriate and extends the potential for further enhancement of the grid system. The Fire Department will have to approve the turnaround design of Kitsap and Proposed Lot 17 will not be able to be developed until Kitsap provides an appropriate outlet. In addition, the applicant will be providing mitigation fees to help offset it impacts on the Citvs transportation infrastructure. Aspen Woods Preliminary Plat File No.: LUA-04-143, PP, ECF March 1, 2005 Page 7 This property is surprisingly free of the h pc ol'constraitits that afflict many developments. It has no regulated Nvetlands or slopes and no significantly hard to access interior lots. in conclusion, the City Council should approve the preliminary plat. RECOMMENDATION: Tile City Council should approve the 46-lol Preliminary Plat subject to the following conditions I. The applicant shall comply with the FRC conditions. 4L, 2. The applicant shall create a hal€street westerly from the stub end otKitsap.to the further enhancement of the grid systent. 1 The Fire Department will to approve the tUrimrOund design of Kitsap and Proposed Lot 17 will not be able to be developed until Kitsap provides an appropriate outlet. The development restriction for Proposed Lot 1 7 shal I appear on the face of the plat. 4. `I he applicant shall be required to shmN the access easements "A" and "B" as easements across Lots 7. 8, 17. and 18 accordin,_,ly prier to the recording of the final plat_ The satisfaction of this requirement is sub_jcct to the rcvie" and approval ofthc Development Services Prnjc,;t Manager. The applicant shall be required to place a note on the Lace of the plat requiring access for Lot 7 to be from access easement -'A'- and Lot 17 to be from access eascment "B°". Additionally, no direct access from any lot within the plat shall be allowed onto Hoquiatn Avenue NE. The satisfaction of this requirement is sobject to the review and approval of the Development Services Project. Manager, prior to the recording ofthe final plat. The applicant shal[ be required to install a "Private Road' sign with addresses being served from the private drives at the inlersections of the private roads and the proposed 42-foot wide internal public street, prior to the recording of the final plat. A homeowner's association or maintenance agreement steal I be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements (landscape Tract B. access easements, stormwater Tract A) of this development. A draft of the documents) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. The applicant shall obtain a deniolilion permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat_ The satisfaction of this requirement is subject to the revic�� and approval of the Development Services Project Manager. 9. [ he applicant shall comply with the; conceptual street tree plan with following changes: the proposed Kolereuteia paniculata (( golden raintree) shall be replaced with a similar type and size tree to be a minimum caliper of 1-I/-' inches (deciduous) or 6-8 feet in height (conifer). The satisfaction of this requirement is oill-N NO to the review and approval of the Development Services Project Manager and Shall he plirited prior to final building permit inspection_ Aspen Woods Preliminary Plat File No-: LUA-04-143, PP. ECF March 1, 2005 Page 8 10_ The applicant shall be required to have all drainage facility maintenance agreements and - easements ready to record, prior to the recording of the final plat. l l . The applicant shall be required to install a sight obscuring landscape/fencing buffer along the western and northern sides of the detention facility (Tract A). This condition shall be subject to the review and approval of the Development Services Division prior to final plat approval. 12. The applicant shall provide a Certificate of Water Availability, showing that the District's system can provide a minimum of 1,000 gpm of available fire flow per fire hydrant. The submittal of the certificate shall be required at the time of the construction plan for review and approval of Development Services Division. ORDERED THIS 1 st day of March 2005. FRED J. KAUF N HEARING EXAMINER TRANSMITTED THIS 1 st day of March 2005 to the parties of record: Nancy Weil 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Tina and Kenneth Kiger 1 1826 142"`1 Ave SE Renton, WA 98059 John Merlino Harbour Homes 3400 9"' Avenue S., # 120 Federal Way, WA 98003 Luay R. Joudeh, P.E_ D. R. Strong, Engineers 10604 NE 38" Place, # 101 Kirkland, WA 98033 Kimberly Ann Siegrist 12240 142`1 Ave SE Renton, WA 98059 TRANSMITTED Tf [IS 1 st day of March 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Ales Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Brian Mannelly Harbour Homes 3400 9`' Avenue S., 4120 Federal Way, WA 98003 Estate of Dennis G. Spiry 11832 142" d Ave SE Renton, WA 98059 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Aspen Woods Preliminary Plat File No.: LUA-04-143, PP, FCF March 1, 2005 Page 9 Pursuant to Title IV, Chapter S, Section 100Gof the Citv's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 15, 2005. Any aggrieved person feeling that the decision of the Examiner- is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, ar the discovery of new evidence which could not he reasonably available at the prior hearing may make a written request for a review by the F:xarrrincr within fourtcen (i4) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV_ Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing I'ee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appal must be fled in writing on or before 5:00 p.m., March 15, 2005, If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed_ Covenants will be required prior to approval by Cite Council or final processinuof the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provide that rio cx parte (private one-on-one) communications may occur concerning pending land use decisions. This means thrit parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing .Examiner and members of the Cit}' (`01.1cicil. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow there to openly rebut the evidence. Any violation of this doctrine would result in tltc invalidation of the request by the Court. The Doctrine applies not only to the initial public herrrirrg but to all Requests for Reconsideration as well as Appeals to the City Council. ti a 0 z N w NE 9TH Si z z a �I La Q j O Q a ca Yt\04\166\*I.s \0/-3141FO&d.g 9/23/2004 h2r,47PH;Sf COP'Mg4T © 2W4. D.R. PROMO CQHakTM VOPE AS W- ASPEN WOODS NEIGHBORHOOD DETAgL MAP D.R. STRONG 1' - 200' ;--"fiho £..g4..4.y k- EMa"Em • l L**I +s • SM%CYU" MN FIE -vm H.E. SINN m a9a wo. s om [Iny sn-39cx 1-1425) 27-24 rnx tsu) sex-:+u rxlni64 � Sore-rn^a (rsz) MOLLJr1at� �f03oE�66 . WORS 'AYM Tr H1MJ 'ON 3Ni NOiH38 30 LLD 'A yj �_ i i . ... - - 4L 1/ 5 3''V 1i16 00KC nyid 338t L33= TVf1Fd3JSi47 S ] � S .mr,. 53YtiOH Ni1062fbH SOOOM M3dSY s c 1 sc3e @ € st L p e X B& a'ia $ g p; its: a a qj it YIN r, ------------ �,k } 1 CITY OF RENTON J DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA04-143, PP, ECF jkv APPLICANT: Brian Mannelly, Harbour Homes PROJECT NAME: Aspen Woods Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-lot subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single-family homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal_ Access is proposed off of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map. LOCATION OF PROPOSAL: 852 and 864 Hoquiam Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM January 17, 2005. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 3, 2005 DATE OF DECISION: December 28, 2004 SIGNATURES: �6 Gregg Zimme n, A0fnfnjsttAtdr De p rtment of Rarvnifig/Building/Public Works Dennis Culp, Administrator Community Se 'ces r' Lee eler, FTre Chie Re on Fire Department /1��7Ola DATE I2-`sO 1o4 DATE CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: LUA04-143, PP, ECF Aspen Woods Preliminary Plat Brian Mannelly, Harbour Homes 852 & 864 Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-Eat subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single-family homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal. Access is proposed off of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map. LEAD AGENCY: The City of Benton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. a. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Study dated September 21, 2004, regarding site preparation and structural fill material. b. The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staff shall review both plans prior to issuance of Construction Permits_ The applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction- C. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. d. Certification of the proper removal of the erosion control facilities shall be required prior to the recording of the final plat. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. 3. The applicant shall pay the applicable Parks Mitigation Fee based on a rate of $530.76 (44 x $530.76 = $23,353.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. 4. The applicant shall pay the applicable Traffic Mitigation Fee based on a rate of $75.00 (44 x 9.57 = 421 x $75.00 = $31,575.00) per each new additional trip generated by the project with credit given for the two existing single- family residences, prior to the recording of the final plat. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of $488.00 (44 x $488.00 $21,472.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL LUA04-143, PP, ECF Aspen Woods Preliminary Plat Brian Mannelly, Harbour Homes 852 & 864 Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-lot subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single-family homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal. Access is proposed off of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant. The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. if the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 2. Fire Department access roads are required to be paved, 20 feet wide. Dead end roadways over 150 feet in length are required to have an approved turnaround. 3. Street addresses shall be visible from a public street. 4. Street shall be posted "No Parking" on one side per City Street Standards. Plan Review -- Sanitary Sewer 1. A sewer main extension along the new streets and along Hoquiam Ave NE will be required. 2. A lift station design according to City of Renton standards will be required to provide sewer to the new plat. 3. Separate side sewers stubs are required in each building lot. No dual side sewers are allowed. 4. Existing septic systems shall be abandoned in accordance with King County Health Department prior occupancy. 5. This parcel is subject to the Honey Creek Interceptor Special Assessment District (SAD). Fees are collected at the time the utility construction permit is issued. 6. The Sanitary Sewer System Development Charges (SDC) is $900 per building lot. This fee is payable at the time the utility construction permit is issued Plan Review -- Water 1. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings. Plan Review — Surface Water 1. The Surface Water System Development Charges (SDC) is $715 per building lot. This fee is payable at the time the utility construction permit is issued. Plan Review —Transportation 1. Street improvements including, but not limited to paving, sidewalks, curb and gutter, storm drain, landscape, street lighting and street signs will be required along the new proposed street and along the frontage of the parcel with Hoquiam Ave NE. 2. Minimum right-of-way width for new streets within the subdivision is 42 feet and requires Development Services Department approval. 3. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. 4. Dedication of proposed Tract "B" (landscape) to the City of Renton will be required. The dedication will allow for future access from the parcel to the north to the proposed NE 81" Street. 5. The City code states that private streets are ailowed for access to six (6) or less lots, with no more than four (4) of the lots not abutting a public right-of-way. The private street easement shall be a minimum of 26-feet wide with 20-feet paved. Plan Review — General 1. All plans shall conform to the Renton Drafting Standards. Property Services 1. Comments included in memo dated December 16, 2004 regarding corrections necessary prior to recording for the final plat submittal are attached. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 16, 2004 TO: Nancy Weil FROM: Sonja J. Fesser fi� SUBJECT: Aspen Woods Preliminary Plat, LUA-04-143, PP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminary plat submittal and have the following comments: Comments for the Applicant: The easement tracts ("A" and "B") appear to be separate from the lots. Is the city allowing separate tracts for access purposes? Shouldn't said easements be integrated into the lots themselves? The preliminary plat drawing notes Harbor Homes, Inc. as the property applicant and owner. The First American Title Insurance Company Commitment for Title Insurance, Order Nos. 4261- 352938, 4261-352967 and 4261-443691 (ail dated October 5, 2004), note Ken and Tina Kiger, Kimberly Siegrist and heirs and devisees of Dennis Spiry, respectively, as the owners of the subject properties. If the ownership has changed, submit a new title report. If the ownership has not changed to date, note the names of said owners on the preliminary plat drawing. Information needed for final plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-0X-XXX-FP and LND-10-0424, respectively, on the drawing sheets, preferably in the upper right-hand corner. The type size used for the land record number should be smaller then that used for the land use action number. Please note that the land use action number for the final plat will be different from the preliminary plat and is unknown as of this date. 1H_Wile Sys\LND - Land Subdivision & Surveying KecottI5lLNi} 10 - P1uGst0424%RV04121 S.doc December 16, 2004 Page 2 Note two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties are provided. Provide plat and lot closure calculations. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. An updated Plat Certificate will be required. Include a statement of equipment and procedures used, per WAC 332-130-100. Note the date the existing monuments were visited, per WAC 332-130-150, and what was found. All vested owners of the plat property need to sign the final plat document. Include notary blocks as needed. Required City of Renton signatures for plat approval include the Administrator of Planning/Building/Public Works, the Mayor and the City Clerk. An approval block for the eity's Finance Director is also required. Appropriate King County approval blocks also need to be noted on the plat drawing. Include a dedication/certification block on the drawing. Indicate what has been, or is to be, set at the corners of the proposed lots. On the final submittal, remove all references to utility facilities, topog lines and other items not directly impacting the subdivision. Note encroachments, if any. Note all easements, agreements and covenants of record on the drawing. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The city will provide addresses for the proposed lots after the preliminary plat is approved. The addresses need to be noted on the drawing. Note whether the adjoining properties are platted (give plat name and lot number) or unplatted. Remove references to information concerning density and zoning on the final plat drawing. The Restrictive Covenants, Conditions & Restrictions document for this plat needs to be referenced on the plat drawing. Also provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. HAFile Sys1LND - Land Subdivision & Surveying RcwrdslUND-10 - PUA04241RV041215.do61cor December 16, 2004 Page 3 The plat drawings and the associated documenl(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. The current positions of the city, concerning ownership of storm detention tracts and landscaping tracts, apply to the subject plat. If there is to be a Homeowners' Association (HOA) for this plat, then the following language concerning ownership of "Tract A" (a retention/detention tract) and "Tract B" (a landscape tract) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Aspen Woods Homeowners' Association (HOA) for a detention/retention area. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat 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. Upon the recording of this plat, Tract B is hereby granted and conveyed to the Plat of Aspen Woods Homeowners' Association (HOA) for a landscape area. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat 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. If no HOA is established, then use the following language on the final plat drawing: Lots 1 through 46, inclusive, shall have an equal and undivided ownership interest in Tract A and Tract B_ Theforegoing statement is to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat, or reference a separate recorded instrument detailing the same. Further comments concerning the access easements may be forthcoming, if it has been determined that said easements are easements only, and not separate tracts. Fee Review Comments: The Fee Review Sheet for the preliminary plat review is provided for your use and information. HAFile Sys\LND -Land Subdivision & Surveying RecordslLND-10 - P1ats104241RV041215,dockor PROPERTY SEI 'S FEE REVEM FOR SUBDIVISIONS ?004-_71 JOB ADDRM: �TATM OF WORK: j( PRELEMIE DIARY REVIEW O SUBDIVISION BY IL6NG PLAT, SHORT PLAT, BINDING SITE PLAN, ETC. FINAL REVIEW OF SUBDIVISION, THIS REVIEW REPLACES PRELIMINARY FEE REVIEW DATED RECEIVED FROM (date) ' WO# LND # NEED MO + INFORMATION: - LEGAL DESCRIPTION PID Ps - VICINITY MAP ` SQUARE FOOTAGE OTHER " FRONT FOOTAGE SUBJECT PROPERTY PARENT PID# NEW TONG CO. TAX ACCT.#(s) are required when 5e assigned by King County. It is the iruent of this development tee analysis to put thgdeveioper/oowner`o notice, that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on -site and off -site improvements (i_e_ w lerground utilities, street improvements, etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The existing house on SP Lot # , addressed as has not previously paid SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The following quoted fees do NOT include wmection fees. side sewer Hermits_ r/w nertnit femme or the rnct of water —t— SPECIAL ASSESSMENT DISTRICTS DISTRICT NO. PARCEL NO. METHOD OF ASSESSMENT ASSESSMENT UNITS ASSESSMENT OR FEE Latecomer Ageement vt) WATER -�- Latecomer Agreement vt) WASTEWATER Latecomer Agreement ( vt) OTHER Q SPecial Assessment District/WATER Ac-mY G S al Assessment DistrictlWASTEWATER 86I 1 2 X 11moo. Joint Use Ageement TRO) _ Local Improvement District # _ Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION — FITI'U" OBLIGATIONS _ SYSTEM DEVELOPMENT CHARGE - WATER - Estimated " Pd Prev. - Partially Pd (Ltd Exemption) - Never Pd # OF UNITS/ SQ. FTG. SDC FEE Single famYl residential $1,525/unit x �. -S 1 Mobile home dwell' unit $1220/unit in park '13Y YV 'Z>l� q(� Apartment, Condo $9151unit not in CD or COR zones x CommerciaMIndustrial, $0.213/s . ft. of property (not less than $1,525.00) x Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,8W GPM threshold) SYSTEM DEVELOPMENT CHARGE - WASTEWATER - Estimated - Pd Prev. - Partially Pd (Ltd Exemption) ` Never Pd Single family residential $900/unit x Mobile home dwelling unit $7201unit x Apartment, Condo $540/unit not in CD or COR zones x Commercial/Industrial $0.126/ . ft. of property x(not less than $900.00) SYSTEM DEVELOPMENT CHARGE - SURFACEWATER - Estimated - Pd Prev. - Partially Pd (Ltd Exemption) - Never Pd Single family residential and mobile home dwelling unit $715/unit x AG All other properties $0.249/sq ft of new impervious area of property x (not less than $715.00) PRELIMINARY TOTAL, It S. Sao. _ m o A,911't,,TR�evimg Authority AT " M � *If subject property is mithin an LID, it is developers responsibility to check with the Finance Dept. for paid/tin-paid status. S m Square footage figures are taken From the King County Assessor's map and are subject to change. � Current City SDC fee charges apply to 0 EFFECTIVE January 1, 2004 CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA04-143, PP, ECF APPLICANT: Brian Mannelly, Harbour Homes PROJECT NAME: Aspen Woods Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-lot subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single-family homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal. Access is proposed ott of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map_ LOCATION OF PROPOSAL: 852 and 864 Hoquiam Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM January 17, 2005. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110_B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 3, 2005 DATE OF DECISION: December 28, 2004 SIGNATURES: 9� 4e Gregg Zimme n, A nis ator De p rtment of Mann' g/Building/Public Works UEY Dennis Culp, Administrator Community Ser ces Lee eler, re Chie Re on Fire Department /1-r7d DATE 1 Z 30 04 DATE DATE CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: LUA04-143, PP, ECF Aspen Woods Preliminary Plat Brian Mannelly, Harbour Homes 852 & 864 Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 46-lot subdivision of an 8.15-acre site consisting of three parcels. The proposal is located within the Residential - 8 (R-8) zoning designation. The subdivision is intended for the eventual development of detached single-family homes with lots ranging in size from 4,752 square feet to 8,350 square feet. Two single-family homes and associated outbuildings currently exist; all would be removed or demolished as part of this proposal. Access is proposed off of Hoquiam Avenue NE via three new internal public roads. Two private easements within the plat will provide access for 7 lots. A storm water facility is proposed in the southeast corner of the site. No critical areas are located on the site according to the City's Critical Areas map. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant: The following notes are supplemental information provided In conjunction with the environmental determination. Because these notes are provided as Information only, they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030_C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Fire A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 2. Fire Department access roads are required to be paved, 20 feet wide. Dead end roadways over 150 feet in length are required to have an approved turnaround. 3. Street addresses shall be visible from a public street. 4. Street shall be posted "No Parking" on one side per City Street Standards. Plan Review — Sanitary Sewer 1. A sewer main extension along the new streets and along Hoquiam Ave NE will be required. 2. A lift station design according to City of Renton standards will be required to provide sewer to the new plat. 3. Separate side sewers stubs are required in each building lot. No dual side sewers are allowed. 4. Existing septic systems shall be abandoned in accordance with King County Health Department prior occupancy. 5. This parcel is subject to the Honey Creek Interceptor Special Assessment District (SAD). Fees are collected at the time the utility construction permit is issued. 6. The Sanitary Sewer System Development Charges (SDC) is $900 per building lot. This fee is payable at the time the utility construction permit is issued Plan Review —Water 1. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings. Plan Review — Surface Water 1. The Surface Water System Development Charges (SDC) is $715 per building lot. This fee is payable at the time the utility construction permit is issued. Plan Review — Transportation 1. Street improvements including, but not limited to paving, sidewalks, curb and gutter, storm drain, landscape, street fighting and street signs will be required along the new proposed street and along the frontage of the parcel with Hoquiam Ave NE. 2. Minimum right-of-way width for new streets within the subdivision is 42 feet and requires Development Services Department approval. 3. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. 4. Dedication of proposed Tract "B" (landscape) to the City of Renton will be required. The dedication will allow for future access from the parcel to the north to the proposed NE $'h Street. 5. The City code states that private streets are allowed for access to six (6) or less lots, with no more than four (4) of the lots not abutting a public right-of-way. The private street easement shall be a minimum of 26-feet wide with 20-feet paved. Plan Review — General 1. All plans shall conform to the Renton Drafting Standards. Property Services 1. Comments included in memo dated December 16, 2004 regarding corrections necessary prior to recording for the final plat submittal are attached. City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Harbour Homes Inc. ADDRESS: 33400 9th Ave. S. Ste 305 CITY: Federal Way ZIP: 98003 TELEPHONE NUMBER: 253-838-8305 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: Maher Joudi COMPANY (if applicable): D. R. Strong Con. Engrs. ADDRESS: 10604 NE 38" PI., Ste 101 CITY: Kirkland ZIP: 98033 TELEPHONE NUMBER AND E-MAIL ADDRESS: 425-827- 3063 maher.joudi@drstrong.00m MAR - 8 2006 PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Aspen Woods PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 864 Hoquiam Avenue NE, Renton 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 1023059344,10230IF9435,1023059058 EXISTING LAND USE(S): Single family residence PROPOSED LAND USE(S): Subdivide 8.15 acres into 46 SFR EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): EXISTING ZONING: R8 PROPOSED ZONING (if applicable): SITE AREA (in square feet): 355071 sq ft. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 75,004 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 1906.80 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable):7.2 NUMBER OF PROPOSED LOTS (if applicable): 46 NUMBER OF NEW DWELLING UNITS (if applicable): 46 Q:web/pw/devservlforras/planning/masterapp.doc 1 02/ 13106 PI JECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): ION conti ed PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft_ ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft_ LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF SECTION 10 , TOWNSHIP 23 , RANGE 5 , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for.- 1 Final Plat iU�'"'Y 3. 2. 4. Staff will calculate applicable fees and postage: $ 1000.00 AFFIDAVIT OF OWNERSHIP I, (Print Namels) Jtt &7jA L avers declare that I am (please check one) the current owner of the property involved in this application or the authc0zed representative to act for a corporation (please attach proof of authorization) and that the foregoing statem nd answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that i know or have satisfactory evidence lha � signed this instrument and acknowledged it to be his/herltheir fret u or the uses and purposes mentioned in the instrument.®� A/�� 41 pQ`' fi��slcn�t'• di (Si Lure of Ownerl prese five). 4T Ay p er s r a y� 2 16. Notary Public in and for the State of Washington rr. ¢` � s > fa '0WAS� (Signature of Owner/Representative) Notary{Print}i My appointment expires: Q:web/pw/devscrv/forms/planning/masterapp.doc 2 01 /20I06 MINUTES OF SPECIAL MEETF TG OF THE BOARD OF DIRECTORS OF HARBOUR DOMES, TNC. A special meeting of the Board of Directors of Harbour Homes, Inc. was held on January 5, 2006 regarding the authority of Justin Lagers, Land Acquisition Manager, to sign preliminary plat applications in King, Snoliotnish and Pierce Counties on behalf of the corporation. After due consideration upon motion by George M. Neffner, III, seconded by George M. Neffiier, IV, and hereby unanimously passed, that Justin Lagers is hereby authorized to sign preliminary plat applications in King, Snohomish and Pierce Counties on behalf of the corporation. THEREFORE, BE IT RESOLVED: Justin Lagers is hereby authorized to execute the above referenced documents on behalf of the corporation. .Dated this 5`t' day of January, 2006. George e.ffi Secretary/Treasurer LEGAL DESCRIPTION PARCEL A: Crry 0', �NING MAR - 8 2006 REc'cj pp LOTS 1 AND 2 OF KING COUNTY SHORT PLAT NO. L99S00007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. 20030219900003, IN KING COUNTY, WASHINGTON. PARCEL B: LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. 1-991-0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. APN: 1023059435; 1023059344; 1023059058 LEGAL DESCRIPTION PARCEL A: LOTS 1 AND 2 OF KING COUNTY SHORT PLAT NO. L99S00007, ACCORDING TO SHORT PLAT RECORDED FEBRUARY 19, 2003 UNDER RECORDING NO. 20030219900003, IN KING COUNTY, WASHINGTON. PARCEL B: LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L99L0022, ACCORDING TO SURVEY RECORDED JANUARY 6, 2000 UNDER RECORDING NO. 20000106900008, IN KING COUNTY, WASHINGTON. APN: 1023059435; 1023059344; 1023059058 ASPEN WOODS NEIGHBORHOOD DETAIL ASAP 1" = 200' RECEivED PM NC. w D.R. STRONG Canw!!Mg EngftN Ana. r1E CNOMS • P4N� 9 • "VEY06s 108" ME 30h KAM 6W1E 101 gMUM0. MA Y6g33 (426) 627-3063 1-606-962-1402 FAX (425) 627-2423 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS EZO ftt pN 01V MAR 8 2096 ' EEC&V,CD LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Calculations , Colored Maps for Display 4 Construction Mitigation Description 2 AND 4 Deed of Right -of -Way Dedication 2 Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Archltectural3AND4 Environmental Checklist 4 Existing Covenants (Recorded Copy) 4 Existing Easements (Recorded Copy) 4 Flood Hazard Data4 Floor Plans 3AND 4 Geotechnical Report 2 Ano 3 Grading Plan, Conceptual 2 Grading Plan, Detailed Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 King County Assessor's Map Indicating Site4 Landscape Plan, Conceptual Landscape Plan, Detailed 4 Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) Neighborhood Detail Map 4 Ytii's req irement may b eZ i v e d'� by: 1_ Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section 0:1WEB1PWIDEVSERV1Forms\P1anninglwaiver.xis PROJECT NAME: DATE: 11 /0412005 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Plat Name Reservation 4 Postage a Preapplication Meeting Summary 4 Public Works Approval Letter Rehabilitation Plan 4 Screening.Detail 4 Site Plan 2 AND 4 Stream or Lake Study, Standard:4 Stream or Lake Study, Supplemental Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate : Topography Map 3 Traffic Study z Tree Cutting/Land Clearing Plan 4 Urban Center Design Overlay District Report 4 Utilities Plan, Generalized 2 Wetlands Miti attQn Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands Reporvbelineation 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2AND 3 Lease Agreement, Draft 2 ANo 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2AND 3 This requirement may be waived by 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3_ Building Section DATE: 4. Development Planning Section 0:1WEBIPWIDEVSERV\FormslPlanrringlwaiver_xls 1 1104/2D05 r Cara Lockrem From: Juliana Fries Ofries@ci.renton.wa.us] DEVELOPMENT PLANNING Sent: Thursday, March 02, 2006 5:16 PM OfTY OF PENTON To: Cara Lockrem Cc: Laureen Nicolay MAR - $ 2006 Subject: Re: Aspen Woods Final Plat RECEIVED Hi Cara, The package is available at the front desk of the 6th floor. I received confirmation from Jennifer H. that a wetland mit plan will not be required. Please let me know if you have any other question Thanks Juliana >>> "Cara Lockrem" <cara.lockrem@drstrong.com> 03/01/06 4:22 PM >>> Hello Juliana, I'm just inquiring about the package submitted for Aspen Woods. I've been forwarded a copy of your letter from Jeff Earle at Harbour Homes and noticed that it said the package would be available for pick up at the Customer Service counter. Jeff said he hadn't picked up the package and the receptionist in Planning said that the package didn't appear to be there for pick up. Do you have it still? I understand Jeff was waiting on the confirmation that the wetland mitigation plan be waived. I believe we're ready to submit all the items necessary for the final plat; will the waiver be available soon? Thank you for all of your help! Kind regards, Cara Lockrem D.R. STRONG Consulting Engineers Inc. CIVIL ENGINEERS - PLANNERS - SURVEYORS Cara J. Lockrem Engineering Assistant 10604 N.E. 38th Place, Suite #101 Kirkland, WA 98033 Office: (425) 827-3063 Fax: (425) 627-2423 Please Note: The information in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual(s) named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the material from any computer. Thank you. 1 Maher Joudi YCIry0&4 From: Juliana Fries Dfries@ci.rentoR.wa.us] 1, Sent: Monday, February 13, 2006 8:47 AMN1 IyraN To: maher.joudi@drstrong.com MAR Subject: Final plat submittal. - 8 2006 ✓ celV'CD Maher, I spoke with Laureen Nicolay about the final plat questions you had. I - Public Works letter: Yes, is ok to submit for the final plat 3 - Confirmation of Compliance with all Conditions: I will fax you the ERC conditions. Plase include them as well as the HEX conditions and compliance with them. 6 - Environmental Checklist - Not needed if the preliminary plat was approved within the last 2 years. 13 - Plat Plan: on the item Location of the subject site with respect to the nearest street intersections, alleys and other 7ig:-its-of-way (disregard the part: including driveways and or intersections opposite the subject property). 19 - Monuments cards - Can be submitted laver, prior to recording 20 - Certificate of Incorporation - can be submitted with the revisions, prior to recording. I hope this answer all your questions. Plase call me if you have any further questions. Thaks Juliana 1 DENSITYDEvE( ��� o MAR - 8 2066 WORKSHEET ElIIFD City of Renton Development Services Division 1055 South Grady Way -Renton, WA 9BO55 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 355,071 square feet 2_ Deductions: Certain areas are excluded from density calculations. These include. Public streets* 75,004 square feet Private access easements** 1,207 square feet Critical Areas* -0- square feet Total excluded area: 2. 76,911 square feet 3. Subtract line 2 from line 1 for net area: 3. 278,160 square feet 4. Divide line 3 by 43,560 for net acreage: 4. 6.39 acres 5. Number of dwelling units or lots planned: 5. 46 units/lots 6. Divide line 5 by line 4 for net density: 6. 7.20 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. Q:1WEB1PVL'\DEVSERV TonnsT]anningldensiry.doc Last updated: 11/0V2004 1 D.R. STRONG CONSULTING ENGINEER March 7, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, Washington 98055 Re: Aspenwoods File No. LUA 44-143 PP, ECF Dear Sir - DEVELOPMENT A rrrY OF PEN G MAR - 8 2006 RECEIVEL? Project No. 04166.740 We are submitting for the first review the final plat map and signature sheets for the above referenced subdivision. We have included in this package copies of the following items to assist you in this review- 1. Confirmation that the required improvements have either been substantially installed or deferred pursuant to the attached e-mail from Juliana Fries. 2. Five copies of the signed waiver form. 3. Five copies of this confirmation of compliance letter. 4. A current copy (3 sets) of the plat certificate together with five copies all of the supporting documents. 5. Five copies of the land use master application form. 6. A new environmental checklist is not required since two years has not elapsed since the preliminary plat application. 7. One copy of the confirmation of post office approval. 8. Four copies of the Covenants, Conditions, and Restrictions. The Homeowners Association Documents will be submitted for review prior to plat filing. 9. The application fees are being submitted with this package. 10.Twelve copies of the neighborhood detail map are enclosed. 11. Five copies of the density worksheet are being submitted. 12. Five copies of an overall plat plan are enclosed. 13. Five copies of the plat plan and signature sheets are enclosed. 14. We have enclosed three copies of the landscaping plan. 15. We have enclosed three copies of the irrigation sprinkler plan. 16. We understand pursuant to your e-mail to us dated March 2, 2006, that the wetland mitigation plan and the stream and lake mitigation plan are no longer required for this project. 17. We have provided three sets of the map closures. 18. Monument cards will be provided at the time of monument installation. 19. The certificate of incorporation of the Homeowners Association will be provided prior to plat filing. F'ai 4:I,:rid, Vvfi. S�iCi3�.; iUO3 nrlr 0 F+..': _'?';1 r'42 Engineers iers S_1 1 City of Renton March 7, 2006 Page 2 of 6 20. We have provided a set of 8112" x 11 " reductions with this submittal. 21.A King County Certificate of water availability is attached. The final plat map and signature sheets include those applicable items addressed in the recommendations in the Hearings Examiner's Report and the SEPA conditions of approval as follows: 1. The applicant shall. comply with the ERC conditions. The developer will comply with the Environmental Review Committee conditions as noted below. 2. The applicant shall create a half street westerly from the stub end of Kitsap to the further enhancement of the grid system. The developer has created a half street (NE 6th Street) westerly from llwaco Avenue NE (previously Kitsap). 3. The Fire Department will have to approve the turnaround design of Kitsap and Proposed Lot 17 will not be able to be developed until Kitsap provides an appropriate outlet. The development restriction for Proposed Lot 17 shall appear on the face of the plat. The developer understands that the Fire Department must approve the turnaround on lot 17. There is a note on the face of the plat (Note 4 on sheet 1 of 4) restricting development on lot 17 until there is an appropriate outlet. 4. The applicant shall be required to show the access easements "A° and "B" as easements across Lots 7, 8, 17, and 18 accordingly prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. There is a note on the face of the plat on Sheet 1 of 4 (Easement Provisions) that requires lots 7, 8, and 9 to use easement access `A'. Lots 17 and 18 do not need access easements since the half street in Item 2 above was approved by the City. 5. The applicant shall be required to place a note on the face of the plat requiring access for Lot 7 to be from access easement "A" and Lot 17 to be from access easement "B". Additionally, no direct access from any lot within the plat shall be allowed onto Hoquiam Avenue NE. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager, prior to the recording of the final plat. There is a note on the face of the plat sheet 1 of 4 (Easement Provisions) requiring Lots 7, 8, and 9 to use access easement "A" and that there be only one driveway cut for these lots. There is a note under restrictions, Note 5 on Sheet 1 of 4 indicating that no access is allowed onto Hoquiam Avenue NE from the adjacent lots. City of Renton March 7, 2006 Page 3 of 6 6. The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42-foot wide internal public street, prior to the recording of the final plat. The developer will provide a `Private Road" sign with addresses at the southerly end of the easement for lots 7, 8, and 9 prior to recording the final plat.. 7. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements (landscape Tract B, access easements, stormwater Tract A) of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. The developer is preparing the Homeowner's Association Documents for the City's review prior to filing the plat. 8. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. The developer will obtain a demolition permit and complete all inspections and approvals prior to recording the final plat. 9. The applicant shall comply with the conceptual street tree plan with the following changes: the proposed Koleruteia paniculata (Golden raintree) shall be replaced with a similar type and size tree to be a minimum caliper of 1-1/2 inches (deciduous) or 6-8 feet in height (conifer). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager and shall be planted prior to final building permit inspection. The applicant will comply with the conceptual street tree plan with the changes approved by the City prior to final ,building permit inspection. 10. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to the recording of the final plat. The developer will have all drainage facility maintenance agreements and easements ready to record, prior to the recording of the final plat. 11. The applicant shall be required to install a sight obscuring landscape/fencing buffer along the western and northern sides of the detention facility (Tract A). This condition shall be subject to the review and approval of the Development Services Division prior to final plat approval. The developer will install a sight obscuring landscape/fencing buffer along the western and northern sides of the detention facility (Tract "A'). City of Renton March 7, 2006 Page 4 of 6 12. The applicant shall provide a Certificate of Water Availability, showing that the District's system can provide a minimum of 1,000 gpm of available fire flow per fire hydrant. The submittal of the certificate shall be required at the time of the construction plan for review and approval of Development Services Division. The developer has provided a letter of water availability with this submittal package. Regarding the mitigation measures 1.a. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Study dated preparation and structural fill material. The developer will comply with the Geotechnical Engineering Study dated preparation and structural fill material. September 21, 2004, regarding site recommendations contained in the September 21, 2004 regarding site b. The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staff shall review both plans prior to issuance of Construction Permits. The applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. The developer has prepared, submitted and complied with the conditions of the Temporary Erosion and Sedimentation Control Plan (TESCP). c. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. The Developer/Contractor will perform daily review and maintenance of all erosion and sedimentation control measures at the site. d. Certification of the proper removal of the erosion control facilities shall be required prior to the recording of the final plat_ The developer understands the certification of the removal of the erosion control facilities will be required prior to recording the final plat. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. The developer will comply with the 1998 King county Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. 3. The applicant shall pay the applicable Parks Mitigation Fee based on a rate of $530.76 (44 x $530.76 = $23,353.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. The developer will pay the applicable parks mitigation fee prior to filing the final plat. City of Renton March 7, 2006 Page 5 of C 4. The applicant shall pay the applicable Traffic Mitigation Fee based on a rate of $75.00 (44 x 9.57 = 421 x $75.00 = $31,575.00) per each new additional trip generated by the project with credit given for the two existing single-family residences, prior to the recording of the final plat. The developer will pay the applicable traffic mitigation fee prior to tiling the final plat. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of $488.00 (44 x $488.00 = $21,472.00) per new single-family lot with credit given for the two existing single-family residences, prior to the recording of the final plat. The developer will pay the applicable fire mitigation fee prior to filing the final plat. Regarding the exceptions in the plat certificate, the following items have been addressed- 1 . I have asked that the developer, prior to the recording of the final plat, vacate the easements described in items 3, 4, 5 and 8 if they do not fall into the proposed rights of way. The exact locations of some of them cannot be determined. 2. 1 find no issues in the survey described in Item 6 that need to be addressed for the plat. 3. 1 do not believe that the "Native Growth Retention Area" document described in Item 7 needs to be addressed. Please advise me if something needs to be done with this. 4. Items 9 and 10 (BLA and Short Plat). The City may want us to vacate and extinguish the BLA and the short plat together with the attendant easements and conditions with a note on the face of the plat map. If so, please advise. 5. Item 11, the City of Renton Annexation Ordinance was not addressed. 6. Item 12, the Rockery Installation, Maintenance etc. agreement has been cited and described on Sheet 4 of 4. 7. The storm drainage easements shown on sheet 4 of 4 have been drafted but as yet not filed. Once they are, then we will place the filing numbers on the plat map. City of Renton March 7, 2006 Page 6 of 6 We have attempted to address all of the applicable items in the Examiner's Report and the applicable portions of the City of Renton Code in this submittal. Please let me know if I have omitted any items or not addressed any of the necessary requirements. Should you have any questions or need any further information, please do not hesitate to contact me. Respec iy, D. R. RO G nsul ' g Engineers Inc. obert O. avness, P.E. & P.L.S. Project Engineer ROClsjw Enclosures Uirkiandl documents 1 k04� 1104166U60306Submittul-ROC.doc } After Recording Return to: Harbour Homes, Inc. c/o Geonerco Management, Inc. Attn: Jennifer Valenta 1300 Dexter Avenue North #500 Seattle, WA 98109 A DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPEN WOODS SUBJECT TO REVISIONS i A6k� KING MAR 8 2006 ' EEc&V'CD DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF ASPEN WOODS THIS DECLARATION is made on the date set forth below by Harbour Homes, Inc. a Washington corporation ("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Aspen Woods Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 2 1.1.3 `Bylaws" shall refer to the Bylaws of the Aspen Woods Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enj oyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Harbour Homes, Inc. and its successors -in -title and assigns, provided any such successor -in -title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the Community. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 3 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. L 1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Plat" means the recorded final subdivision plat of Aspen Woods as described more fully in Article 2. 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOTS 1 THROUGH 46, INCLUSIVE, OF ASPEN WOODS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES _ AND RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER 4 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON Private Tracts; List Tracts and who is responsible for ownership and maintenance Common Areas: List Common areas and who is responsible for ownership and maintenance ARTICLE 3 ASPEN WOODS HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be 5 exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee, No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named John Merlino, whose address is 1010 S. 336th Street, Suite 305, Federal Way, Washington 98003 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY 6 AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 _Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. if the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not Iimitation, ZD abandonment of the Lot. I 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 S ecific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 _Association's _Re_sponsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. [Insert plat specific language. Example: This maintenance shall include, without limitation, maintenance of any native growth protection areas and maintenance, repair, and replacement of all drainage easements and any improvements located thereon that benefit the Community, in the event such easements and improvements are not maintained by the City/County of Renton or anotherpublic entity.] If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other 10 facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community -Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. JInsert special maintenance requirement imposed by plat, if any, such as "This maintenance shall include, without limitation, the maintenance of the offshe drainage facilities located on a portion of the adjacent property to the north on which an easement has been granted to the City of Bothell, as evidenced by a Perpetual Easement For Drainage Purposes recorded on April 11, 1995, under Snohomish County Recording No. 9504110287, to the extent pennitted by such easement. "or Tract B is a Private Access Tract owned and maintained by the Owners of Lots 17, 18, 19 and 20. Tract C is a Private Access Tract owned and maintained by the Owners ofLots 14, 15 and 16. In the event Tracts B and C are not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain Tracts B and C at such Lot Owners expense pursuant to the procedure in Section 5.4 below .and other plat requirements if applicable] Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Dama2e Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community -Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 12 6.2 Residential Use. — Ask Branch Manager about using the more restrictive language: {Lots may be used for (i) residential purposes and (ii) uses within Residences which cannot be prohibited under federal or state law. No businesses are allowed to be conducted in the residences which increase the traffic in the neighborhood or otherwise materially and adversely impact the ability of other Owners to use and enjoy the Community. Examples of businesses which are specifically not allowed are day cares and businesses which involve pick up and deliveries of freight, other products or people. No businesses of any kind shall be established, maintained, operated, permitted or constructed in any portion of the Community, unless approved by the Association. The Declarant is exempt from this provision during the time that Declarant is completing the development and the disposition of the Lots. No Owner may permit or cause anything to be done or kept upon, in or about the Owner's Lot which might obstruct or interfere with the rights of other Owners or which would be noxious, harmful or unreasonably offensive to other Owners. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations.} 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict 13 enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing -type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 [Insert any exceptions to the foregoing guidelines, such as preexisting structures, etc. Sample language is ' The existing residence on Lot 11 was constructed prior to recording this Declaration and does not conform to all of the provisions of this Article. This existing residence shall be exempt from the provisions of Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished, or substantially damaged by catastrophe, in which case any new construction placed on Lot 11 shall conform to the provisions of these subsections." If there are none, leave blank with a notation "Intentionally Omitted'y 6.5 Suns. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 14 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini -bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and maybe removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non -passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions. Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required 16 during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re -channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.15 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re -plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re -platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "Firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for 17 temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Cloteslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars (51,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. 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 insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self -insure itself, or discontinue the insurance all together. 7.2 Policv Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. in 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction — Insured byAssociation. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. if for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the 20 period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction — Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE S CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. 21 ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder" }, will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. 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 Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicabilily of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such 22 requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner_ 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's 23 family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article S. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. if Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without 24 limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately 25 preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration maybe amended unilaterally at anytime and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 26 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now -living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director 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 such officer or director may be a party by reason of being or having been an officer or director. The officers and directors 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 by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 27 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Ri2itts. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. 28 0 EXECUTED this — day of 1200. DECLARANT: Harbour Homes, Inc. 000 Wwino Its: Vice President/General Manager State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that Sohn Me" is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President/General Manager of Harbour Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires. 29 ,1 CLOSURES04166.txt PLAT OF ASPEN WOODS Parcel name:1 North: 8079.41 East: 8193.12 Line Course: S 88-18-08 E Length: 60.02 North: 8077.63 East: 8253.11 Line Course: S 00-07-20 W Length: 117.89 North: 7959.74 East: 8252,86 Curve Length.55.57 Radius:321.00 Delta:9-55-05 Tangent:27.85 Chord: 55.50 Course: S 82-24-37 W Course In: S 02-37-51 E Course Out: N 12-32-56 W RP North: 7639.08 East: 8267.60 End North: 7952.41 East: 8197.85 Line Course: S 77-27-04 W Length: 5.12 North: 7951.29 East: 8192.85 Line Course: N 00-07-21 E Length: 128.11 North: 8079.40 East: 8193.13 Perimeter: 366.70 Area: 7,322 S.F. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 84-37-21 E Error North: -0.001 East : 0.008 Precision 1:36,671.00 Parcel name: 2 North: 8077.63 East: 8253.11 Line Course: S 88-18-08 E Length: 50.02 North: 8076.14 East: 8303.11 Line Course: S 00-07-20 W Length: 116.96 Page 1 DEy'Ftn' �NTONNlNG MAR - 8 2000 OEC&V'cj) CLOSURES04166.txt North: 7959.19 East: 8302.86 Line Course: N 88-20-02 W Length: 25.94 North: 7959.94 East: 8276.93 Curve Length:24.07 Radius:321.00 Delta:4-17-49 Tangent:12.04 Chord: 24.07 Course: S 89-31-04 W Course In: S 01-39-58 W Course Out: N 02-37-51 W RP North: 7639.08 East: 8267.60 End North: 7959.74 East: 8252.86 Line Course: N 00-07-20 E Length:117.89 North: 8077.63 East: 8253.12 Perimeter: 334.88 Area: 5,856 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 84-16-32 E Error North: -0.000 East: 0.004 Precision 1:334,880,000.00 Parcel name: 3 North: 8074.66 East: 8353.11 Line Course: S 00-07-20 W Length: 114.56 North: 7960.10 East: 8352.86 Line Course: N 88-20-02 W Length: 5.94 North: 7960.28 East: 8346.92 Line Course: S 78-19-26 W Length:10.28 North: 7958.20 East: 8336.86 Line Course: N 88-20-02 W Length: 34.02 North: 7959.18 East: 8302.85 Line Course: N 00-07-20 E Length: 116.96 North: 8076.14 East: 8303.10 Line Course: S 88-18-08 E Length: 50.02 North: 8074.66 East: 8353.10 Page 2 11, v CLOSURES04166.txt Perimeter: 331.76 Area: 5,821 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 85-19-54 W Error North: -0.001 East: -0.007 Precision 1:33,178.00 Parcel name: 4 North: 8073.18 East: 8403.10 Line Course: S 00-07-20 W Length:116.90 North: 7956.28 East : 8402.85 Line Course: N 88-20-02 W Length: 34.02 North: 7957.27 East: 8368.85 Line Course: N 74-59-30 W Length:10.28 North: 7959.93 East: 8358.92 Line Course: N 88-20-02 W Length: 6.06 North: 7960,11 East: 8352.86 Line Course: N 00-07-20 E Length:114.56 North: 8074.67 East: 8353.10 Line Course: S 88-18-08 E Length: 50.02 North; 8073.19 East: 8403.10 Perimeter: 331.83 Area: 5,820 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 06-55-24 E Error North: 0.005 East: 0.001 Precision 1: 33,184.00 Parcel name: 5 Page 3 CLOSU RES04166.txt North: 8073.18 East: 8403.10 Line Course: S 88-18-08 E Length: 50.02 North: 8071.70 East: 8453.10 Line Course: S 00-07-20 W Length:116.87 North: 7954.83 East: 8452.85 Line Course: N 88-20-02 W Length: 50.02 North: 7956.28 East: 8402.85 Line Course: N 00-07-20 E Length: 116.90 North: 8073.18 East: 8403.10 Perimeter: 333.81 Area: 5,844 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 17-31-44 W Error North: 0.002 East: -0.001 Precision 1:333,810,000.00 Parcel name: 6 North: 8071.70 East: 8453.10 Line Course: S 88-18-08 E Length: 50.02 North: 8070.22 East: 8503.10 Line Course: S 00-07-20 W Length:105.30 North: 7964.92 East: 8502.87 Line Course: S 42-00-51 W Length: 15.63 North: 7953.30 East: 8492.41 Curve Length:7.53 Radius:76.00 Delta:5-40-23 Tangent:3.77 Chord: 7.52 Course: N 85-29-50 W Course In: S 07-20-21 W Course Out: N 01-39-58 E RP North: 7877.93 East: 8482.70 End North: 7953.90 East: 8484.91 Line Course: N 88-20-02 W Length: 32.07 North: 7954.83 East: 8452.86 Line Course: N 00-07-20 E Length: 116.87 Page 4 .41 CLOSURES04166.txt North: 8071.70 East: 8453.11 Perimeter: 327.42 Area: 5,786 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 73-36-03 E Error North: -0.002 East: 0.006 Precision 1:32,742,00 Parcel name: 7 North: 8070.22 East: 8503.10 Line Course: S 88-18-08 E Length: 50.02 North: 8068.74 East: 8553.09 Line Course: S 00-07-20 W Length: 121.69 North: 7947.05 East: 8552.83 Line Course: S 43-52-10 W Length: 22.48 North: 7930.84 East: 8537.26 Curve Length:51.11 Radius:76.00 Delta:38-32-04 Tangent:26.57 Chord: 50.16 Course: N 63-23-37 W Course In: S 45-52-25 W Course Out: N 07-20-21 E RP North: 7877.92 East: 8482.70 End North: 7953.30 East: 8492.41 Line Course: N 42-00-51 E Length: 15.63 North: 7964.91 East: 8502.87 Line Course: N 00-07-20 E Length: 105.30 North: 8070.21 East: 8503.10 Perimeter: 366.23 Area: 6,454 S.F. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 1342-05 E Error North: -0.003 East: 0.001 Precision 1:366,230,000.00 Page 5 CLCSURESO4166.txt Parcel name: 8 North: 8068.74 East: 8553.09 Line Course: S 88-18-08 E Length: 60.02 North: 8066.96 East: 8613.09 Line Course: S 00-07-20 W Length: 112.62 North: 7954.34 East: 8612.85 Line Course: N 88-2649 W Length: 51.68 North: 7955.74 East: 8561.19 Line Course: S 43-52-10 W Length: 12.06 North: 7947.04 East: 8552.83 Line Course: N 00-07-20 E Length:121.69 North: 8068.73 East: 8553.09 Perimeter: 358.06 Area: 6,799 S.F. 0.16 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 71-51-00 W Error North: -0.002 East: -0.006 Precision 1:35,807.00 Parcel name: 9 North: 8066.96 East: 8613.09 Line Course: S 88-18-08 E Length: 61.84 North: 8065.12 East: 8674.90 Line Course: S 00-0548 W Length: 112.46 North: 7952.67 East: 8674.71 Line Course: N 88-2649 W Length: 61.89 North: 7954.34 East : 8612.85 Line Course: N 00-07-20 E Length: 112.62 Page 6 I ' ) CLOSURESO4166.bd North: 8066.96 East: 8613.09 Perimeter: 348.80 Area: 6,960 S.F. 0.16 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course; N 37-21-53 W Error North: 0.005 East: -0.004 Precision 1:34,881.00 Parcel name:10 North: 7952.66 East: 8674.71 Line Course: S 00-05-48 W Length: 50.02 North: 7902.64 East: 8674.63 Line Course: N 88-20-02 W Length:121.43 North: 7906.17 East: 8553.25 Curve Length:29.59 Radius:76.00 Delta:22-18-22 Tangent:14.98 Chord: 29.40 Course: N 32-58-24 W Course In: S 68-10-47 W Course Out: N 45-52-25 E RP North: 7877.93 East: 8482.69 End North: 7930.84 East: 8537.25 Line Course: N 43-52-10 E Length: 34.54 North: 7955.74 East : 8561.18 Line Course: S 88-2649 E Length: 113.57 North: 7952.66 East: 8674.71 Perimeter: 349.14 Area: 6,328 S.F. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 16-15-22 E Error North: -0.001 East: 0.000 Precision 1:349,150,000.00 Page 7 CLOSU RES04166.tKt Parcel name:11 North: 7902.65 East: 8674.63 Line Course: S 00-05-48 W Length: 50.02 North: 7852.63 East: 8674.54 Line Course: N 88-20-02 W Length:115.94 North: 7856.00 East: 8558.65 Line Course: N 00-07-20 E Length: 21.77 North: 7877.77 East: 8558.70 Curve Length:29.11 Radius:76.00 Delta:21-56-33 Tangent:14.73 Chord: 28.93 Course: N 10-50-57 W Course In: N 89-52-40 W Course Out: N 68-1047 E RP North: 7877.93 East: 8482.70 End North: 7906.18 East: 8553.25 Line Course: S 88-20-02 E Length: 121.43 North: 7902.65 East: 8674.63 Perimeter: 338.26 Area: 5,847 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 73-17-58 E Error North: 0.001 East: 0.005 Precision 1:33,827.00 Parcel name: 12 North: 7856.00 East: 8558.65 Line Course: S 88-20-02 E Length:115.94 North: 7852.63 East: 8674.54 Line Course: S 00-05-48 W Length: 50.02 North: 7802.61 East: 8674.46 Line Course: N 88-20-02 W Length:113.59 Y I I CLOSURES04166.bd North: 7805.91 East : 8560.92 Line Course: N 00-07-20 E Length: 6.06 North: 7811.97 East: 8560.93 Line Course: N 13-13-12 W Length: 10.28 North: 7821.98 East: 8558.58 Line Course: N 00-07-20 E Length: 34.02 North: 7856.00 East: 8558.65 Perimeter: 329.91 Area: 5,771 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 46-51-52 W Error North: -0.001 East: -0.001 Precision 1:329,910,000.00 Parcel name: 13 North: 7802.61 East: 8674.46 Line Course: S 00-05-48 W Length: 50.02 North: 7752.59 East: 8674.38 Line Course: N 88-20-02 W Length: 115.99 North: 7755.96 East: 8558.43 Line Course: N 00-07-20 E Length: 34.02 North: 7789.98 East: 8558.51 Line Course: N 13-27-52 E Length: 10.28 North: 7799.98 East: 8560.90 Line Course: N 00-07-20 E Length: 5.94 North: 7805.92 East : 8560.91 Line Course: S 88-20-02 E Length: 113.59 North: 7802.62 East: 8674.45 Perimeter: 329.83 Area: 5,773 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 32-04-58 W Page 9 CLOSU RES04166.bd Error North: 0.007 East: -0.005 Precision 1:32,984.00 Parcel name:14 North: 7752.59 East: 8674.38 Line Course: S 00-05-48 W Length: 60.02 North: 7692.57 East: 8674.27 Line Course: N 88-20-02 W Length: 79.51 North: 7694.88 East: 8594.80 Curve Length:57.89 Radius:37.50 Delta:88-27-22 Tangent:36.50 Chord: 52.31 Course: N 44-06-21 W Course In: N 01-39-58 E Course Out: N 89-52-40 W RP North: 7732.37 East: 8595.89 End North: 7732.45 East: 8558.39 Line Course: N 00-07-20 E Length: 23.52 North: 7755.97 East: 8558.44 Line Course: S 88-20-02 E Length:115.99 North: 7752.59 East: 8674.38 Perimeter: 336.93 Area: 6,677 S.F. 0.15 acres Mapcheck Closure - (Uses Error Closure: 0.01 Error North: 0.004 Precision 1:33,693.00 Parcel name: 15 isted courses, radii, and deltas) Course: N 47-51-56 E East: 0.004 North: 7506.37 East: 8673.96 Line Course: S 00-05-48 W Length: 50.02 Page 10 North: 7456.35 Line Course: N 88-20-02 W North: 7459.61 Line Course: N 02-50-23 W North: 7509.71 Line Course: S 88-20-02 E North: 7506.37 CLOSURESO4166.bd East: 8673.88 Length:112.14 East: 8561.78 Length: 50.16 East : 8559.30 Length:114.71 East: 8673.96 Perimeter: 327.03 Area: 5,671 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 07-48-59 W Error North: 0.004 East : -0.001 Precision 1:327,030,000.00 Parcel name:16 North: 7456.35 East: 8673.87 Line Course: S 00-05-48 W Length: 50.02 North: 7406.33 East: 8673.79 Line Course: N 88-20-02 W Length: 110.14 North: 7409.53 East: 8563.70 Line Course: N 00-07-20 E Length: 2.64 North: 7412.17 East: 8563.70 Curve Length: 16.59 Radius:321.00 Delta:2-57-43 Tangent:8.30 Chord: 16.59 Course: N 01-21-31 W Course In: N 89-52-40 W Course Out: N 87-09-37 E RP North: 7412.86 East: 8242.70 End North: 7428.76 East: 8563.31 Line Course: N 02-50-23 W Length: 30.89 North: 7459.61 East: 8561.78 Line Course: S 88-20-02 E Length:112.14 North: 7456.35 East: 8673.87 Page 11 . r ' CLOSU RES04166.txt Perimeter: 322.42 Area: 5,546 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 62-23-43 W Error North: 0.002 East: -0.003 Precision 1:322,420,000.00 Parcel name: 17 North: 7550.67 East: 8454.00 Line Course: S 88-20-01 E Length: 59.65 North: 7548.93 East: 8513.62 Line Course: S 00-07-20 W Length: 6.06 North: 7542.87 East: 8513.61 Line Course: S 13-13-12 E Length:11.22 North: 7531.95 East: 8516.18 Curve Length:4.79 Radius:321.00 Delta:0-51-18 Tangent:2.40 Chord: 4.79 Course: S 02-24-44 E Course In: N 88-00-55 E Course Out: S 87-09-37 W RP North: 7543.07 East: 8836.98 End North: 7527.16 East: 8516.38 Line Course: S 02-50-23 E Length: 41.80 North: 7485.42 East: 8518.45 Curve Length:74.22 Radius:45.00 Delta:94-30-21 Tangent:48.69 Chord: 66.09 Course: S 44-24-48 W Course In: S 87-09-37 W Course Out: S 01-39-58 W RP North: 7483.19 East: 8473.50 End North: 7438.20 East: 8472.20 Line Course: N 88-20-02 W Length:18.44 North: 7438.74 East. 8453.76 Line Course: N 00-07-20 E Length: 111 .92 North: 7550.66 East: 8454.00 Page 12 CLOSURES04166.txt Perimeter: 328.11 Area: 6,644 S.F. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 30-13-16 E Error North: -0.006 East: 0.004 Precision 1:32,810.00 Parcel name: 18 North: 7552.12 East: 8404.00 Line Course: S 88-20-01 E Length: 50.02 North: 7550.67 East: 8454.00 Line Course: S 00-07-20 W Length: 111.92 North: 7438.75 East: 8453.76 Line Course: N 88-20-02 W Length: 50.28 North: 7440.21 East: 8403.50 Line Course: N 00-15-19 E Length: 111.92 North: 7552.13 East: 8404.00 Perimeter: 324.14 Area: 5,611 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 00-04-30 E Error North: 0.006 East: 0.000 Precision 1:32,414.00 Parcel name: 19 North: 7554.01 East: 8343.02 Line Course: S 87-49-29 E Length: 13.00 North: 7553.52 East: 8356.01 Line Course: S 88-20-01 E Length: 48.02 Page 13 North: 7552.12 Line Course: S 00-15-19 W North: 7440.20 Line Course: N 88-20-02 W North: 7441.97 Line Course: N 00-06-36 E North: 7554.01 CLCSURESO4166-bd East: 8404.01 Length: 111.92 East: 8403.51 Length: 60.73 East: 8342.81 Length: 112.04 East: 8343.02 Perimeter: 345.70 Area: 6,811 S.F. 0.16 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 37-14-43 E Error North: -0.003 East: 0.002 Precision 1:345,710,000.00 Parcel name: 20 North: 7562.77 East: 8042.02 Line Course: N 00-07-21 E Length: 70.21 North: 7632.98 East: 8042.17 Curve Length:55.92 Radius:35.00 Delta:91-32-37 Tangent:35.96 Chord: 50.16 Course: N 45-53-39 E Course In: S 89-52-39 E Course Out: N 01-39-58 E RP North: 7632.90 East: 8077.17 End North: 7667.89 East: 8078.18 Line Course: S 88-20-02 E Length: 28.07 North: 7667.07 East: 8106.24 Line Course: S 00-07-20 W Length: 106.17 North: 7560.90 East : 8106.02 Line Course: N 88-20-02 W Length: 64.03 North: 7562.76 East: 8042.01 Perimeter: 324.40 Area: 6,516 S.F. 0.15 acres Page 14 M CLOSURES04166.txt Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 42-04-59 W Error North: -0.004 East: -0.004 Precision 1:32,440.00 Parcel name: 21 North: 7560.90 East: 8106.02 Line Course: N 00-07-20 E Length: 106.17 North: 7667.07 East: 8106.25 Line Course: S 88-20-02 E Length: 50.02 North: 7665.62 East: 8156.25 Line Course: S 00-07-20 W Length: 106.17 North: 7559.45 East: 8156.02 Line Course: N 88-20-02 W Length: 50.02 North: 7560.90 East: 8106.02 Perimeter: 312.37 Area: 5,308 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:312,380,000.00 Parcel name: 22 North: 7559.45 East: 8156.02 Line Course: N 00-07-20 E Length: 106.17 North: 7665.62 East: 8156.24 Line Course: S 88-20-02 E Length: 50.02 North: 7664.17 East: 8206.24 Line Course: S 00-07-20 W Length: 106.17 Page 15 CLOSU RES04166.txt North: 7558.00 East: 8206.02 Line Course: N 88-20-02 W Length: 50.02 North: 7559.45 East: 8156.02 Perimeter: 312.37 Area: 5,308 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 90-00-00 W Error North: 0.000 East: -0.000 Precision 1:312,380,000.00 Parcel name: 23 North: 7558.00 East: 8206.01 Line Course: N 00-07-20 E Length:106.17 North: 7664.17 East: 8206.24 Line Course: S 88-20-02 E Length: 33.87 North: 7663.18 East: 8240.10 Line Course: S 74-59-30 E Length: 10.28 North: 7660.52 East: 8250.03 Line Course: S 88-20-02 E Length: 6.22 North: 7660.34 East: 8256.24 Line Course: S 00-07-20 W Length:103.79 North: 7556.55 East: 8256.02 Line Course: N 88-20-02 W Length: 50.02 North: 7558.00 East: 8206.02 Perimeter: 310.34 Area: 5,282 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 52-29-23 E Error North: 0.007 East: 0.009 Precision 1: 31,035.00 Page 16 CLOSURES04166.txt Parcel name: 24 North: 7556.54 East: 8256.01 Line Course: N 00-07-20 E Length:103.79 North: 7660.33 East: 8256.23 Line Course: S 88-20-02 E Length: 5.78 North: 7660.16 East: 8262.01 Line Course: N 78-19-26 E Length: 10.28 North: 7662.24 East: 8272.08 Line Course: S 88-20-02 E Length: 34.17 North: 7661.25 East: 8306.23 Line Course: S 00-07-20 W Length: 106.17 North: 7565.08 East: 8306.01 Line Course: N 88-20-02 W Length: 50.02 North: 7556.54 East: 8256,01 Perimeter: 310.21 Area: 5,283 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course; S 27-40-13 W Error North: -0.007 East: -0.004 Precision 1:31,021.00 Parcel name: 25 North: 7555.09 East: 8306.01 Line Course: N 00-07-20 E Length: 106.17 North: 7661.26 East: 8306.23 Line Course: S 88-20-02 E Length: 50.02 North: 7659.80 East: 8356.23 Line Course: S 00-07-20 W Length:106.28 North: 7553.52 East: 8356.01 Line Course: N 87-49-29 W Length: 13.00 Page 17 CLOSURES04166.txt North: 7554.02 East: 8343.02 Line Course: N 88-20-02 W Length: 37.03 North: 7555.09 East: 8306.00 Perimeter: 312.49 Area: 5,309 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 47-52-01 W Error North: 0.006 East: -0.006 Precision 1: 31,250,00 Parcel name: 26 North: 7553.52 East: 8356.00 Line Course: N 00-07-20 E Length: 106.28 North: 7659.80 East: 8356.23 Line Course: S 88-20-02 E Length: 50.02 North: 7658.34 East: 8406.23 Line Course: S 00-07-20 W Length: 106.28 North: 7552.06 East: 8406.00 Line Course: N 88-20-01 W Length: 50.02 North: 7553.52 East: 8356.00 Perimeter: 312.60 Area: 5,314 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 01-39-59 E Error North: 0.000 East: 0.000 Precision 1:312,600,000.00 Parcel name: 27 Page 18 CLOSURES04166.tKt North: 7552.06 East: 8406.00 Line Course: N 00-07-20 E Length:106,28 North: 7658.34 East: 8406.23 Line Course: S 88-20-02 E Length: 50.02 North: 7656.89 East : 8456.23 Line Course: S 00-07-20 W Length: 106.28 North: 7550.61 East: 8456.00 Line Course: N 88-20-01 W Length: 50.02 North: 7552.06 East: 8406.00 Perimeter: 312.60 Area: 5,314 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 01-39-59 E Error North: 0.000 East : 0.000 Precision 1:312,600,000.00 Parcel name: 28 North: 7550.61 East: 8456.00 Line Course: N 00-07-20 E Length: 106.28 North: 7656.89 East: 8456.23 Line Course: S 88-20-02 E Length: 23.52 North: 7656.20 East: 8479.74 Curve Length:57.89 Radius:37.50 Delta:88-27-22 Tangent:36.50 Chord: 52.31 Course: S 44-06-21 E Course In: S 01-39-58 W Course Out: S 89-52-40 E RP North: 7618.72 East: 8478.65 End North: 7618.64 East: 8516.15 Line Course: S 00-07-20 W Length: 53.78 North: 7564.86 East: 8516.03 Line Course: S 13-27-52 W Length:10.28 North: 7554.86 East : 8513.64 Line Course: S 00-07-20 W Length: 5.94 Page 19 CLOSURES04166.bd North: 7548.92 East: 8513.62 Line Course: N 88-20-01 W Length: 57.65 North: 7550.60 East: 8456.00 Perimeter: 315.34 Area: 6,068 S.F. 0.14 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 01-36-41 W Error North: -0.009 East: -0.000 Precision 1:31,534.00 Parcel name: 29 North: 7805.81 East: 8456.54 Line Course: S 88-20-02 E Length: 60.02 North: 7804.06 East: 8516.54 Line Course: S 00-07-20 W Length: 68.38 North: 7735.68 East: 8516.39 Line Course: S 45-53-39 W Length: 53.74 North: 7698.28 East: 8477.80 Line Course: N 88-20-02 W Length: 21.50 North: 7698.91 East: 8456.31 Line Course: N 00-07-20 E Length:106.90 North: 7805.81 East: 8456.54 Perimeter: 310.55 Area: 5,673 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 45-53-39 W Error North: -0.002 East: -0.002 Precision 1:310,540,000.00 Page 20 CLOSURESO4166.txt Parcel name: 30 North: 7807.26 East: 8406.55 Line Course: S 88-20-02 E Length: 50.02 North: 7805.81 East: 8456.54 Line Course: S 00-07-20 W Length: 106.90 North. 7698.91 East: 8456.32 Line Course: N 88-20-02 W Length: 50.02 North: 7700.36 East: 8406.32 Line Course: N 00-07-20 E Length: 106.90 North: 7807.26 East: 8406.55 Perimeter: 313.84 Area: 5,345 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:313,840,000.00 Parcel name: 31 North: 7808.72 East : 8356.55 Line Course: S 88-20-02 E Length: 50.02 North: 7807.26 East: 8406.55 Line Course: S 00-07-20 W Length: 106.90 North: 7700.36 East: 8406.32 Line Course: N 88-20-02 W Length: 50.02 North: 7701.82 East: 8356.32 Line Course: N 00-07-20 E Length: 106.90 North: 7808.72 East: 8356.55 Perimeter: 313.84 Area: 5,345 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Page 21 CLOSU RES04166.txt Error North: 0.000 East: 0.000 Precision 1:313,840,000.00 Parcel name: 32 North: 7810.17 East: 8306.55 Line Course: S 88-20-02 E Length: 50.02 North: 7808.72 East: 8356.55 Line Course: S 00-07-20 W Length:106.90 North: 7701.82 East: 8356.32 Line Course: N 88-20-02 W Length: 50.02 North: 7703.27 East: 8306.32 Line Course: N 00-07-20 E Length:106.90 North: 7810.17 East : 8306.55 Perimeter: 313.84 Area: 5,345 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:313,840,000.00 Parcel name: 33 North: 7811.63 East: 8256.55 Line Course: S 88-20-02 E Length: 50.02 North: 7810.17 East: 8306.55 Line Course: S 00-07-20 W Length:106.90 North: 7703.27 East: 8306.33 Line Course: N 88-20-02 W Length: 50.02 North: 7704.73 East: 8256.33 Line Course: N 00-07-20 E Length: 106.90 Page 22 CLOSURES04166.txt North: 7811.63 East: 8256.55 Perimeter: 313.84 Area: 5,345 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North. 0.000 East : 0.000 Precision 1:313,840,000.00 Parcel name: 34 North: 7813.08 East: 8206.56 Line Course: S 88-20-02 E Length: 50.02 North: 7811.63 East: 8256.56 Line Course: S 00-07-20 W Length: 106.90 North: 7704.73 East: 8256.33 Line Course: N 88-20-02 W Length: 50.02 North: 7706.18 East: 8206.33 Line Course: N 00-07-20 E Length: 106.90 North: 7813.08 East: 8206.56 Perimeter: 313.84 Area: 5,345 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:313,840,000.00 Parcel name: 35 North: 7802.67 East: 8156.54 Line Course: S 88-20-02 E Length: 50.02 Page 23 CLOSURESO4166.txt North: 7801.21 East: 8206.53 Line Course: S 00-07-20 W Length: 95.03 North: 7706.18 East: 8206.33 Line Course: N 88-20-02 W Length: 50.02 North: 7707.64 East: 8156.33 Line Course: N 00-07-20 E Length: 95.03 North: 7802.67 East: 8156.54 Perimeter: 290.11 Area: 4,752 S.F. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision 1:290,100,000.00 Parcel name: 36 North: 7804.12 East: 8106.54 Line Course: S 88-20-02 E Length: 50.02 North: 7802.67 East: 8156.54 Line Course: S 00-07-20 W Length: 95.03 North: 7707.64 East: 8156.33 Line Course: N 88-20-02 W Length: 50.02 North: 7709.09 East: 8106.34 Line Course: N 00-07-20 E Length: 95.03 North: 7804.12 East: 8106.54 Perimeter: 290.11 Area: 4,752 S.F. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:290,100,000.00 Page 24 CLOSURES04166.txt Parcel name: 37 North: 7805.98 East: 8042.54 Line Course: S 88-20-02 E Length: 64.03 North: 7804.12 East: 8106.54 Line Course: S 00-07-20 W Length: 95.03 North: 7709.09 East: 8106.34 Line Course: N 88-20-02 W Length: 29.96 North: 7709.96 East: 8076.39 Curve Length:54.03 Radius:35.00 Delta:88-27-23 Tangent:34.07 Chord: 48.83 Course: N 44-06-21 W Course In: N 01-39-58 E Course Out: N 89-52-39 W RP North: 7744.95 East: 8077,41 End North: 7745.02 East: 8042.41 Line Course: N 00-07-21 E Length: 60.97 North: 7805.99 East: 8042.54 Perimeter: 304.03 Area: 5,836 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 05-3848 E Error North: 0.010 East: 0.001 Precision 1:30,402.00 Parcel name: 38 North: 7805.98 East: 8042.54 Line Course: N 00-07-05 E Length: 59.08 North: 7865.06 East: 8042.66 Curve Length:55.92 Radius:35.00 Delta:91-32-48 Tangent:35.96 Chord: 50.16 Course: N 45-53-29 E Page 25 CLOSURESO4166.bd Course In: S 89-52-55 E Course Out: N 01-39-53 E RP North: 7864.99 East: 8077.66 End North: 7899.97 East: 8078.67 Line Course: S 88-20-02 E Length: 28.00 North: 7899.16 East: 8106.66 Curve Length:0.08 Radius:321.00 Delta:0-00-50 Tangent:0.04 Chord: 0.08 Course: S 88-20-27 E Course In: N 01-39-58 E Course Out: S 01-39-08 W RP North: 8220.02 East: 8116.00 End North: 7899.16 East: 8106.74 Line Course: S 00-07-20 W Length: 95.03 North: 7804.13 East: 8106.54 Line Course: N 88-20-02 W Length: 64.03 North: 7805.99 East: 8042.53 Perimeter: 302.14 Area: 5,803 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 08-27-51 W Error North: 0.009 East: -0.001 Precision 1:30,214.00 Parcel name: 39 North: 7804.12 East: 8106.54 Line Course: N 00-07-20 E Length: 95.03 North: 7899.15 East: 8106.74 Curve Length:50.12 Radius: 321 .00 Delta:8-56-43 Tangent:25.11 Chord: 50.07 Course: N 87-10-46 E Course In: N 01-39-08 E Course Out: S 07-17-35 E RP North: 8220.02 East: 8116.00 End North: 7901.61 East: 8156.75 Line Course: S 00-07-20 W Length: 98.95 Page 26 CLOSURES04166.txt North: 7802.66 East: 8156.53 Line Course: N 88-20-02 W Length: 50.02 North: 7804.12 East: 8106.54 Perimeter: 294.12 Area: 4,817 S.F. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 51-50-44 W Error North: -0.002 East: -0.003 Precision 1:294,120,000.00 Parcel name: 40 North: 7802.67 East: 8156.54 Line Course: N 00-07-20 E Length: 98.95 North: 7901.62 East: 8156.75 Curve Length:29.45 Radius:321.00 Delta:5-15-21 Tangent:14.73 Chord: 29.44 Course: N 80-04-44 E Course In: N 07-17-35 W Course Out: S 12-32-56 E RP North: 8220.02 East: 8116.00 End North: 7906.69 East: 8185.74 Line Course: N 77-27-04 E Length: 21.54 North: 7911.37 East: 8206.77 Line Course: S 00-07-20 W Length: 110.16 North: 7801.21 East : 8206.53 Line Course: N 88-20-02 W Length: 50.02 North: 7802.66 East : 8156.53 Perimeter: 310.11 Area: 5,207 S.F. 0.12 acres Mapcheck Closure - (Uses fisted courses, radii, and deltas) Error Closure: 0.00 Course: S 25-32-37 W Error North: -0.004 East: -0.002 Precision 1:310,120,000.00 Page 27 CLOSURESO4166.txt Parcel name: 41 North: 7813.08 East: 8206.56 Line Course: N 00-07-20 E Length: 98.29 North: 7911.37 East: 8206.77 Line Course: N 77-27-04 E Length: 0.21 North: 7911.42 East: 8206.97 Curve Length:50.29 Radius:279.00 Delta:10-19-41 Tangent:25.21 Chord: 50.22 Course: N 82-36-54 E Course In: S 12-32-56 E Course Out: N 02-13-15 W RP North: 7639.08 East: 8267.59 End North: 7917.87 East : 8256.78 Line Course: S 00-07-20 W Length:106.24 North: 7811.63 East: 8256.55 Line Course: N 88-20-02 W Length: 50.02 North: 7813.09 East: 8206.55 Perimeter: 305.06 Area: 5,152 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 31-31-50 W Error North: 0.005 East: -0.003 Precision 1:30,505.00 Parcel name: 42 North: 7917.06 East: 8306.78 Line Course: S 00-07-20 W Length: 106.89 North: 7810.17 East: 8306.55 Line Course: N 88-20-02 W Length: 50.02 Page 28 s f . CLOSU RES04166.txt North: 7811.62 East: 8256.55 Line Course: N 00-07-20 E Length: 106.24 North: 7917.86 East: 8256.78 Curve Length: 18.93 Radius:279.00 Delta:3-53-13 Tangent:9.47 Chord: 18.92 Course: N 89-43-21 E Course In: S 02-13-15 E Course Out: N 01-39-58 E RP North: 7639.07 East: 8267.59 End North: 7917.95 East: 8275.70 Line Course: S 88-20-02 E Length: 31.09 North: 7917.05 East: 8306.78 Perimeter: 313.16 Area: 5,340 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 00-51-17 E Error North: -0.008 East: 0.000 Precision 1: 31,317.00 Parcel name: 43 North: 7917.06 East: 8306.78 Line Course: S 88-20-02 E Length: 50.02 North: 7915.60 East: 8356.78 Line Course: S 00-07-20 W Length: 106.89 North: 7808.71 East: 8356.55 Line Course: N 88-20-02 W Length: 50.02 North: 7810.17 East: 8306.55 Line Course: N 00-07-20 E Length: 106.89 North: 7917.06 East: 8306.78 Perimeter: 313.81 Area: 5,344 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Page 29 4 � � CLOSURESO4166.txt Error North: 0.000 East: 0.000 Precision 1:313,820,000.00 Parcel name: 44 North: 7914.15 East: 8406.77 Line Course: S 00-07-20 W Length: 106,89 North: 7807.26 East: 8406.55 Line Course: N 88-20-02 W Length: 50.02 North: 7808.71 East: 8356.55 Line Course: N 00-07-20 E Length: 106.89 North: 7915.60 East: 8356.78 Line Course: S 88-20-02 E Length: 50.02 North: 7914.15 East: 8406.77 Perimeter: 313.81 Area: 5,344 S.F. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision 1:313,820,000.00 Parcel name: 45 North: 7807.26 East: 8406.55 Line Course: N 00-07-20 E Length: 106.89 North: 7914.15 East: 8406.77 Line Course: S 88-20-02 E Length: 28.62 North: 7913.32 East: 8435.38 Line Course: S 74-59-30 E Length: 10.28 North: 7910.66 East: 8445.31 Line Course: S 88-20-02 E Length:11.47 Page 30 f a North: 7910.33 Line Course: S 00-07-20 W North: 7805.82 Line Course: N 88-20-02 W North: 7807.27 CLOSURES04166.txt East: 8456.78 Length: 104.51 East: 8456.55 Length: 50.02 East: 8406.55 Perimeter: 311.78 Area: 5,305 S.F. 0.12 acres Mapcheck Closure - (Uses fisted courses, radii, and deltas) Error Closure: 0.01 Course: N 52-29-23 E Error North: O.007 East : 0.009 Precision 1: 31,179.00 Parcel name: 46 North: 7805.81 East: 8456.54 Line Course: N 00-07-20 E Length: 104.51 North: 7910.32 East: 8456.77 Line Course: S 88-20-02 E Length: 0.53 North: 7910.30 East: 8457.30 Line Course: N 78-19-26 E Length: 10.28 North: 7912.38 East: 8467.36 Line Course: S 88-20-02 E Length: 16.33 North: 7911.91 East: 8483.69 Line Course: S 44-06-21 E Length: 47.43 North: 7877.85 East: 8516.70 Line Course: S 00-07-20 W Length: 73.79 North: 7804.06 East: 8516.54 Line Course: N 88-20-02 W Length: 60.02 North: 7805.81 East: 8456.54 Perimeter: 312.90 Area: 5,853 S.F. 0.13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 38-23-37 E Page 31 CLOSURESO4166.txt Error North: -0.002 East : 0.002 Precision 1:312,890,000.00 Parcel name: BOUNDARY North: 7951.80 East: 8042.85 Line Course: S 88-18-08 E Length: 150.06 North: 7947.36 East: 8192.84 Line Course: N 00-07-21 E Length:132.05 North: 8079.41 East: 8193.12 Line Course: S 88-18-08 E Length: 481.99 North: 8065.12 East: 8674.90 Line Course: S 00-05-48 W Length: 658.79 North: 7406.34 East: 8673.79 Line Course: N 88-20-02 W Length: 331.18 North: 7415.96 East. 8342.75 Line Course: N 00-06-36 E Length: 138.05 North: 7554.01 East: 8343.02 Line Course: N 88-20-02 W Length: 301.13 North: 7562.77 East: 8042.01 Line Course: N 00-07-21 E Length: 389.04 North: 7951.81 East: 8042.84 Perimeter: 2582.29 Area: 355,071 S.F. 8.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 17-28-46 W Error North: 0.008 East: -0.002 Precision 1:258,229.00 Parcel name: ROW Page 32 CLOSURES04166.bct North: 7951.80 East: 8042.85 Line Course: S 88-18-08 E Length: 150.06 North: 7947.36 East: 8192.84 Line Course: N 00-07-21 E Length: 3.94 North: 7951.30 East: 8192.85 Line Course: N 77-27-04 E Length: 5.12 North: 7952.41 East: 8197.85 Curve Length:79.64 Radius: 321 .00 Delta:14-12-54 Tangent:40.03 Chord: 79.44 Course: N 84-33-31 E Course In: S 12-32-56 E Course Out: N 01-39-58 E RP North: 7639.08 East: 8267.59 End North: 7959.94 East : 8276.92 Line Course: S 88-20-02 E Length: 59.96 North: 7958.20 East: 8336.86 Line Course: N 78-19-26 E Length: 10.28 North: 7960.28 East: 8346.93 Line Course: S 88-20-02 E Length:12.00 North: 7959.93 East: 8358.92 Line Course: S 74-59-30 E Length: 10.28 North: 7957.27 East: 8368.85 Line Course: S 88-20-02 E Length: 116.11 North: 7953.89 East: 8484.91� Curve Length: 117.33 Radius:76.00 Delta:88-27-22 Tangent:73.98 Chord:106.02 Course: S 44-06-21 E Course In: S 01-39-58 W Course Out: S 89-52-40 E RP North: 7877.92 East: 8482.70 End North: 7877.76 East: 8558.70 Line Course: S 00-07-20 W Length: 55.79 North: 7821.97 East: 8558.58 Line Course: S 13-13-12 E Length: 10.28 North: 7811.96 East: 8560.93 Line Course: S 00-07-20 W Length:12.00 North: 7799.96 East: 8560.91 Line Course: S 13-27-52 W Length: 10.28 North: 7789.97 East: 8558.51 Line Course: S 00-07-20 W Length: 57.54 Page 33 CLOSURES04166.txt North: 7732.43 East : 8558.39 Curve Length:57.89 Radius:37.50 Delta:88-27-22 Tangent:36.50 Chord: 52.31 Course: S 44-06-21 E Course In: S 89-52-40 E Course Out: S 01-39-58 W RP North: 7732.35 East: 8595.89 End North: 7694.86 East: 8594,80 Line Course: S 88-20-02 E Length: 79.51 North: 7692.55 East: 8674.28 Line Course: S 00-05-48 W Length: 42.02, North: 7650.53 East : 8674.21 Line Course: N 88-20-02 W Length: 77.51 North: 7652.78 East: 8596.73 Curve Length:59.92 Radius: 37.50. Delta: 91-32-38 Tangent: 38.52 Chord: 53.74 Course: S 45-53-39 W Course In: S 01-39-58 W Course Out: N 89-52-40 W RP North: 7615.30 East: 8595.64 End North: 7615.38 East: 8558.14 Line Course: S 00-07-20 W Length: 71.74 North: 7543.64 East: 8557.99 Curve Length: 14.42 Radius:279,00 Delta:2-57-43 Tangent:7.21 Chord: 14.42 Course: S 01-21-31 E Course In: S 89-52-40 E Course Out: S 87-09-37 W RP North: 7543.04 East: 8836.99 End North: 7529.22 East: 8558.33 Line Course: S 02-50-23 E Length: 100.61 - North: 7428.74 East: 8563.31 Curve Length:16.59- Radius:321.00 Delta:2-57-43 Tangent:8.30 Chord:16.59 Course: S 01-21-31 E Course In: S 87-09-37 W Course Out: S 89-52-40 E RP North: 7412.83 East: 8242.71 End North: 7412.15 East: 8563.71 Line Course: S 00-07-20 W Length: 2.64 - North: 7409.51 East: 8563.70 Line Course: N 88-20-02 W Length: 221.04 Page 34 CLOSURESO4166.txt North: 7415.93 East: 8342.75 Line Course: N 00-06-36 E Length: 26.01 North: 7441.94 East: 8342.80 Line Course: S 88-20-02 E Length: 129.45 North: 7438.18 East: 8472.20 Curve Length: 74.22. Radius:45.00 Delta:94-30-21 Tangent:48.69 Chord: 66.09 Course: N 44-24-48 E Course In: N 01-39-58 E Course Out: N 87-09-37 E RP North: 7483.16 East: 8473.51 End North: 7485.39 East: 8518.45 Line Course: N 02-50-23 W Length: 41.80 North: 7527.14 East : 8516.38 Curve Length:4.79 Radius:321.00 Delta:0-51-18 Tangent:2.40 Chord: 4.79 Course: N 02-2444 W Course In: N 87-09-37 E Course Out: S 88-00-55 W RP North: 7543.04 East : 8836.99 End North: 7531.93 East: 8516.18 Line Course: N 13-13-12 W Length: 11.22 - North: 7542.85 East: 8513.61 Line Course: N 00-07-20 E Length: 12.00 North: 7554.85 East: 8513.64 Line Course: N 13-27-52 E Length:10.28- North: 7564.85 East: 8516.03 Line Course: N 00-07-20 E Length: 53.7& North: 7618.63 East: 8516.15 Curve Length:57.89 Radius: 37.58- Delta: 88-27-22 Tangent:36.50 Chord: 52.31 Course: N 44-06-21 W Course In: N 89-52-40 W Course Out: N 01-39-58 E RP North: 7618.71 East: 8478.65 End North: 7656.19 East: 8479.74 Line Course: N 88-20-02 W Length: 207.74- North: 7662.23 East: 8272.09 Line Course: S 78-19-26 W Length:10.28- North: 7660.15 East: 8262.02 Line Course: N 88-20-02 W Length: 12.00 Page 35 CLOSURES04166.bd North: 7660.50 East: 8250.02 Line Course: N 74-59-30 W Length: 10.28 North: 7663.16 East: 8240.09 Line Course: N 88-20-02 W Length: 161.98 North: 7667.87 East: 8078.18 Curve Length:55.92 Radius:35.00 Delta:91-32-37 Tangent:35.96 Chord: 50.16 Course: S 45-53-39 W Course In: S 01-39-58 W Course Out: N 89-52-39 W RP North: 7632.88 East: 8077.17 End North: 7632.96 East: 8042.17 Line Course: N 00-07-21 E Length: 112.04 - North: 7745.00 East: 8042.41 Curve Length: 54.03 Radius: 35.00 - Delta: 88-27-23 Tangent:34.07 Chord: 48.83 Course: S 44-06-21 E Course In: S 89-52-39 E Course Out: S 01-39-58 W RP North: 7744.92 East. 8077.41 End North: 7709.94 East : 8076.39 Line Course: S 88-20-02 E Length: 401,59- North: 7698.26 East: 8477.81 Curve Length:59.92 Radius:37.50 Delta:91-32-38 Tangent:38.52 Chord: 53.74 Course: N 45-53-39 E Course In: N 01-39-58 E Course Out: S 89-52-40 E RP North: 7735.75 East: 8478.90 End North: 7735.67 East: 8516.40 Line Course: N 00-07-20 E Length: 142.17 - North: 7877.84 East: 8516.70 Curve Length:52.49 Radius:34.00 Delta:88-27-22 Tangent:33.10 Chord: 47.43 Course: N 44-06-21 W Course In: N 89-52-40 W Course Out: N 01-39-58 E RP North: 7877.91 East: 8482.70 End North: 7911.90 East: 8483.69 Line Course: N 88-20-02 W Length: 16.33-- North: 7912.37 East: 8467.37 Line Course: S 78-19-26 W Length: 10.28- Page 36 s CLOSURES04166.txt North: 7910.29 East: 8457.30 Line Course: N 88-20-02 W Length:12.00 North: 7910.64 East: 8445.30 Line Course: N 74-59-30 W Length: 10.28.. North: 7913.30 East: 8435.38 Line Course: N 88-20-02 W Length:159.74 North: 7917.94 East : 8275.70 Curve Length: 69.22 Radius: 279.00 Delta:14-12-54 Tangent:34.79 Chord: 69.04 Course: S 84-33-31 W Course In: S 01-39-58 W Course Out: N 12-32-56 W RP North: 7639.06 East: 8267,59 End North: 7911.40 East: 8206.97 Line Course: S 77-27-04 W Length: 21.75 . North: 7906.67 East : 8185.74 Curve Length:79.64 - Radius: 321.00- Delta: 14-12-54 Tangent:40.03 Chord: 79.44 Course: S 84-33-31 W Course In: N 12-32-56 W Course Out: S 01-39-58 W RP North: 8220.00 East: 8116.00 End North: 7899.14 East: 8106.66 Line Course: N 88-20-02 W Length: 28.00 North: 7899.95 East: 8078.68 Curve Length:55.92 Radius:35.00 Delta:91-32-37 Tangent:35.96 Chord: 50.16 Course: S 45-53-39 W Course In: S 01-39-58 W Course Out: N 89-52-39 W RP North: 7864.97 East: 8077.66 End North: 7865.04 East: 8042.66 Line Course: N 00-07-21 E Length: 86.74 North: 7951.78 East: 8042.84 Perimeter: 3706.25 Area: 75,004 S.F. 1.72 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.02 Course: S 10-27-26 W Error North: -0.018 East: -0.003 Precision 1: 185,314.00 Page 37 l ♦ y CLOSU RES04166.txt Parcel name: TRACT A North: 7650.55 East: 8674.20 Line Course: S 00-05-48 W Length: 144.18 North: 7506.37 East: 8673.96 Line Course: N 88-20-02 W Length: 114.71 North: 7509.71 East: 8559.30 Line Course: N 02-50-23 W Length: 19.56 North: 7529.24 East: 8558.33 Curve Length:14.42 Radius:279.00 Delta:2-57-43 Tangent:7.21 Chord: 14.42 Course: N 01-21-31 W Course ln: N 87-09-37 E Course Out: N 89-52-40 W RP North: 7543.06 East: 8836.99 End North: 7543.66 East : 8557.99 Line Course: N 00-07-20 E Length: 71.74 North: 7615.40 East: 8558.14 Curve Length:59.92 Radius:37.50 Delta:91-32-38 Tangent:38.52 Chord: 53.74 Course: N 45-53-39 E Course In: S 89-52-40 E Course Out: N 01-39-58 E RP North: 7615.32 East: 8595.64 End North: 7652.80 East: 8596.73 Line Course: S 88-20-02 E Length: 77.51 North: 7650.55 East: 8674.21 Perimeter: 502.04 Area: 16,388 S.F. 0.38 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 80-23-17 E Error North. -0.001 East: 0.005 Precision 1:502,040,000,00 Page 38 accessesmt closures,txt closures 04166 Parcel name: access esmt lot 7 North: 7943.29 East: 8521.48 Line Course: N 43-52-10 E Length: 45.34 North: 7975.98 East: 8552.90 Line Course: S 00-07-20 W Length: 28.92 North: 7947.06 East : 8552.84 Line Course: S 43-52-10 W Length: 22.48 North: 7930.85 East: 8537.26 Curve Length:20.15 Radius:76.00 Delta 15-11-40 Tangent: 10, 14 Chord: 20.10 Course: N 51-43-25 W Course in: S 45-52-25 W Course Out: N 30-40-45 E RP North: 7877.94 East: 8482.70 End North: 7943.30 East: 8521.48 Perimeter 116.90 Area: 669 S.F. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 29-40-54 E Error North: 0.009 East: 0.005 Precision 1:11,689.00 Parcel name: access esmt lot 8 North: 7975.97 East: 8552.90 Line Course: S 88-26-49 E Length: 60,02 North: 7974.35 East: 8612.89 Line Course: S 00-07-20 W Length: 20.01 North: 7954.34 East: 8612.85 Line Course: N 88-26-49 W Length: 51.68 Page 1 North: 7955.74 Line Course: S 43-52-10 W North: 7947.04 Line Course: N 00-07-20 E North: 7975.96 accessesmt closures.txt East: 8561.19 Length:12.06 East : 8552.83 Length: 28.92 East: 8552.89 Perimeter 172.68 Area:1,238 S.F. 0.03 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure. 0.01 Course: S 10-06-40 W Error North. -0.010 East., -0.002 Precision 1:17,269.00 Page 2 Firs' � l ';fin Deveioper Services Fax No. (253)671-5802 Shari Workman (253)671-5824 sworkman@firstam.com fllS: An7e:i�an TitIE �nsuran�� �anrpan} 7a:�rna, aan DEVELOPMENT PLANNING Clay OF PENTN Vicky L. Willis (253)671-5834 viwillis@ftrstam.com MAR - 8 20% RECEIVED To: Harbour Homes He No.: 4268-675745 1300 Dexter Avenue North, Suite 500 Your Ref No.: Seattle, WA 98109 Attn: Supplemental Report #1 to 3rd Report Dated: January 11, 2006 at S:Da A.M. Commitment/Preliminary Report No. 426&-675745 dated as of September 08, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our preliminary report since September 8, 2005 at 7:30a.m., except as noted below - The following paragraph no(s). 14-18 has/have been added to our CommitmentJPreliminary Report to read as follows: 14. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February o` said year, Tax Account No.: 1- 023059435 1st Half Assessed Land Value: $ 631,000.00 Assessed Improvement Value: $ 0.00 2nd Half Assessed Land Value; $ 631,000.00 Assessed Improvement Value: $ 0,00 ?age 1 0f 2 D:5te: 3anua-y 11, '2006 Fiie Neu.: 426S-675745 i:SVO _5. Gene al taxes and assessments, if any, f,-r ") \—DF -DDr ,, in ar amount ^a. yet available, which cannot be pair until the 15th day of February L)i a,ci year. Tay. Account No., Zst Half Assessed Land Value: tr,000.OD Assessed Improvement Value: $ 313,p00,OD 2nd Half Assessed Land Value: . 657,000.00 Assessed Improvement Value: 313,000.00 16. General taxes and assessments, if any, for the year 2006, in an amount not yet available, which cannot be paid until the 15th day of February of said year. Tax Account No.: 10:23059058 1st Half Assessed Land Value: $ 165,000.D0 Assessed Improvement Value: $ 1361,000.00 2nd Half Assessed Land Value: $ 165,Oo0.00 Assessed Improvement Value: $ 136,000.00 17. The terms and provisions contained in the document entitled "Drainage System Installation, Maintenance and Repair Easement and Related Covenants" Recorded: October 10, 2D05 Recording No.: 20051010001070 18. The terms and provisions contained in the document entitled "Puget Sound Energy Easement" Recorded: January 5, 2006 Recording No.: 20050105000595 FirstAmerican Title Insurance Company By.- Shari Workman, Title Officer Palo ? cf 2 Form No. 14 Subdivision Guarantee ,�-z 4--)-CD S Guarantee No.: 4268-675745 GUARANTEE Issued by First American Title Insurance Company 3866 S 74th St, Tacoma, WA 98409 Title Officer., Shari Workman Phone. (253)471-1234 FAX - first American Tithe Form No. 14 Subdivision Guarantee (4.10-75) First American Developer Services Fax No. (253)671-5802 Guarantee No.: 4268-675745 Page No.: 1 Fkst.4merrcae TftlelrrsuranCe Company 3866 S 74th St Tacoma, WA 98409 Phn - (253)47 t• 1234 Fax Shari Workman Vicky L. Willis (253)671-5824 (253)671-5834 sworkman@firstam.com vlwillis@firstam-com THIRD SUBDIVISION GUARANTEE LIABILITY $ FEE $ 1,000.00 ORDER NO.: 4268-675745 1050.00 TAX $ 92.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Harbour Homes herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder small be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: September 08, 2005 at 7:30 A.M. FirstAnleried9 role Form No. 14 Subdivision Guarantee (4-10-75) THIRD SCHEDULE A The assurances referred to on the Pace page are: A. Title is vested in: Guarantee No-: 4268.675745 Page No.. 2 Harbour Homes, Inc., a Washington corporation B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel A: Lots 1 and 2 of King County Short Plat No. L99S00007, according to Short Plat recorded February 19, 2003 under Recording No. 20030219900003, in icing County, Washington. Parcel B: Lot B of King County Boundary Line Adjustment No. L99L0022, according to Survey recorded January 6, 2000 under Recording No. 20000106900008, in King County, Washington. APN: 1023059435; 1023059344; 1023059058 First American Trtle Form No- ld Sub6i"sion Guarantee (9-10-75) RECORD MATTERS: I. Liability for assessment(s) and/or personal property taxes, if any. 2. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Harbour Homes, Inc. Grantee/Beneficiary: U.S. Bank N.A. Trustee: U-S. Bank Trust Company, N.A. Amount: $5,100,000.00 Recorded: August 26, 2005 Recording Information: 20050826000946 Guarantee No.: 4268-675745 Page No.: 3 3. Easement, including terms and provisions contained therein: Recording Information: 347794 (Vol, 409, Pg. 623) In Favor of: Snoqualmie Fails and White River Power Company For: utilities 4. Easement, including terms and provisions contained therein: Recording Information: 3204310 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: electric transmission and/or distribution system 5. Easement, induding terms and provisions contained therein: Recording Information: 3204311 In Favor of: Puget Sound Power and Light Company, a Washington corporation For: electric transmission and/or distribution system 6. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 9805149004, recorded in volume 121 of surveys, at page(s) 278, in King, Washington. 7. The terms and provisions contained in the document entitled "Native Growth Retention Area" Recorded: January 19, 1999 Recording No.: 9901190220 8. Easement, including terms and provisions contained therein: Recording Information: 19991001000529 In Favor of: Puget Sound Energy, Inc. For: utility system 9. Terms, Covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: January 6, 2000 Recording Informaton: 20000106900008 10. Restrictions, conditions, dedications, notes, easements and provisions contained and/or delineated on the face of Short Plat recorded under King County Recording No. 20030219900003. First American Mfe Form No. 14 Subdivision Guarantee (4.10-75) Guarantee No.: 4268-675745 Page No.: 4 11. The terms and provisions contained in the document entitled "Ordinance No. 5096" Recorded: November 2, 2004 Recording No.: 20041102002356 12. Rockery Installation, Maintenance, Repair and Reconstruction Easement and Agreement and the terms and conditions thereof: Between: Wedgewood Lane LLC, a Washington limited liability company And: Harbour domes, Inc., a Washington corporation Recording Information: 20050829001576 13. Matters that may be disclosed upon recordation of the final subdivision. INFORMATIONAL. NOTES A. General taxes for the year 2005, which have been paid. Tax Account No.: 10230594350 Code Area: 4342 Amount: $ 2,157.54 Assessed Land Value: $ 172,000,00 Assessed Improvement Value: $ 0.00 Affects Lot 1 of Parcel A B. General taxes for the year 2005, which have been paid. Tax Account No-: 1023059344 Code Area: 4342 Amount: $ 6,323.32 Assessed Land Value: $ 172,000.00 Assessed Improvement Value: $ 325,000.00 Affects Lot 2 of Parcel A C. General taxes for the year 2005, which have been paid. Tax Account No.: 1023059058 Code Area: 4342 Amount: $ 3,709.73 Assessed Land Value: $ 125,000.00 Assessed Improvement Value: $ 163, 000.00 Affects Parcel B D. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American FWe Farm No. 14 subdivision Guarantee (4-10-?S) SCHEDULE OF EXCLUSIONS FROM COVERAGE DE THIS GUARANTEE Guarantee No.: 4268.675745 Page No.'. 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for lass or damage by season of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not Shawn by the public records, (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments an real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of Such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents ar in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any Specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following; (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, Toads, avenues, fames, ways or waterways to which such tand abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure Or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) vftch do not result in the invalidity or potential invalidity of any judicial or non-judloal proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Deff nition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, of on a supplemental writing executed by the Company. (b) "lanct c the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage': mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records estaKshed under state statutes at gate of Guarantee for the purpose of imparting constructive nonce of matters reiating to real property to purchasers for value and without knowledge. (e) "date% the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knoviledge shall come to an Assured hereunder of any Claim of title or interest which is adverse to the titie to the estate or interest, as stated hereiri, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee- if prompt netice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required r provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute:. The Company shall have no duty to defend or prosecute any action ar prnceeding to which the Assured is a party, notwithstanding the nature of arty allegation in such action or pfoceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Clafmant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above_ (a) The Company shag have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Gen rights of the Assured, or to prevent or reduce toss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as Stated in Paragraph 1(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and skidll not be liable for and will not pay the fees of any other CouAWr, nor will the Company pay any fees, casts or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever lie Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a Court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured far this purpose. Whenever requested by the Companyr an Assured, at the Company's expense, shall give the Company all reasonable aid in arty action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion Of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Gen rights of the Assured, if the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of foss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (40) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage_ If The Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee Shall terminate. In addition, the Assured may reawnably be required to submit to examination under oath by arty authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, edgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the foss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination urxfer oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by taw or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. First Amrri63/7 ?-rile Form No. 1162 (rrty. 121IS195) W Form No. 14 Subdivision Guarantee (9-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a Claim under this Guarantee, the Company shall have the folloviing additional options: (a) To Pay or Tender Payment of the Amount or Liability or to Purchase the lodebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, IF this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount Owing thereon, together with any casts, reasonable attorneys' fees and expenses incurred by the Assured Claimant which were authorised by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee Shall terminate all liability of the Company hereuridei. in the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under Ihis Guarantee for the ctaimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation For which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To pay or Otherwise Settle With Parties Other Than the Assured or Wilh the Assured Claimant. To pay or otherwise settle +kith other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' Fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed toss or damage, other than to make the payment required in that paragraph, shall terminate, including arty obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the feast ok (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the foss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have Fully performed its obligations with respect to that matter and shall not be liable for any loss or damage mused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shalt have no frability for foss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4266-675745 Page No.: 6 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent Of the Company. 9. Reduction of Liability or Termination of Liability, All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shalt reduce the amount of Ilabifity pro Canto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of foss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or damage shall be payable within thirty [30) days thereafter. 11. Subrogation upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person Of property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person Or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shalt be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration, Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of of relating ke this Guarantee, any service of the Company In connection with its Issuance or the breach Of a Guarantee provision of other obligation. Ali arbitrable matters when the Amount Of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $L,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the .Arbilrator(s) may be entered in any court having jurisdiction thereof. The law Of the sltus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, If any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Comparry. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or allached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating aFficer or authorized signatory of the Company" 14. Notices, Where Sent. All notices required to be given the Company and any statement in,viriting required to be furnished the Company shall include the number or this Guarantee and shall be addressed to the Company at 2 First American way. Bldg, 2, Santa Ana, CA. 92707. Form rlo, 1282 (Rev. 12115195) first American 77tle ADDENDUM B The following is an Addendum to the Real Estate Purchase and Sale Agreement dated July 15"', 2005 and Seller's Counter Offer dated August 8"', 2005 between Riverside Homes, Inc, and/or assigns as Purchaser and Arlene Osborn as Sellers (collectively known as the "Agreement") for the property described as 18515 NE 29"' Ave. Ridgefield, WA. This Addendum B contains additional terms and conditions of sale. In the event of a conflict between the terms of sale set forth in the Agreement, the provisions contained shall govern. Paragraph 2 of the Seller's Counter Offer (PURCHASE PRICE) shall be deleted and replaced with the following: The purchase shall be One Million Three Hundred Twenty -Four Thousand Seven Hundred Fifty Dollars ($1,324,750.00). The purchase price shall be paid in cash at the time of closing, less any earnest money previously paid by Buyer. The purchase price is based on a per usable acre of Two Hundred Thirty Five Thousand Dollars ($235,000.00). In the event that the usable acreage is less or more than 5.1 acres, the purchase price shall be pro -rated at closing. Usable acreage is defined as property outside of any 25% slope, wetland, tioodplain, environmental, wildlife or habitat areas including any required buffer areas. The purchase price includes the existing home located at 18515 NE 19`h Ave. with a structural value of One Hundred Twenty - Six Thousand Two Hundred Fifty Dollars ($126,250.00). The purchase price shall begin to increase Ten Thousand Dollars (S 10,000.00) per usable acre every twelve (12) months from the date of a mutual ly executed Agreement until closing. 2. The following shall be inserted to the last paragraph of section 3 (EARNEST MONEY RECEIPT) of the Sellers counter offer: If Seller does not provide written notice to Buyer of non -satisfactory references within ten (10) days of receiving financial references from Buyer, this contingency shall be waived. 3. The first paragraph of paragraph 6 of the Seller's Counter Offer (CLOSING) shall be deleted and replaced with the following: This transaction shall close within nine (9) months from the date that the Clark County or the City of Vancouver will allow Buyer to submit, process and ultimately approve an application to develop subject propezty and construct and occupy future homes. Purchaser shall have the option of exercising up to three (3) extensions of this closing date at its sole and absolute discretion. Each extension of this closing date shall be for one (1) month and for each extension used, Purchaser shall deposit with Escrow Five Thousand Dollars (5,000.00). Any paid extension fees shall not apply towards purchase price at closing. The closing of this transaction shall take place at Escrow. Buyer reserves the right to close this transaction and waive all contingencies at any time if, in Buyer's sole discretion, this action is warranted. In the event the preliminary plat decision is appealed, then all dates in this Agreement, including but not limited to the closing date, earnest money payment dates, closing extension periods and extension payment dates shall be tolled (extended), at no cost to Buyer, for the period of time between the date the appeal is filed and the date that is five days after the preliminary plat is approved with all appeals expired_ Paragraph 7 (CON'VEYANC11iG) of Buyer's initial offer shall be reinserted into the Agreement. The following shall be inserted into Paragraph 11 (TITLE INSURANCE) of the Seller's counter offer: Buyer shall pay the difference in cost to insure with ALTA Extended Title Insurance Coverage. 6. The following shall be inserted to the end of sentence 3 of Paragraph 5 (SELLERS COOPERATION) of the Seller's counter offer: - and with the exception of Buyer conducting a Level 1 or Level 2 envirotunnental report in which (but not limited to) soil samples may be taken to test for leakage for underground storage tanks. In the event that ground contamination is found as a result of leakage from an underground storage tank that is no longer being used, Seller gives Buyer permission, at no cost to Seller, to remove such tank and contaminated dirt and fill excavated area. In the event that ground contamination is found as a result of leakage from an underground storage tank that is currently being used by Seller, Seller gives Buyer permission, at no cost to Seller, to remove such tank and contaminated dirt and fill excavated area and establish a newly existing above ground tank that will serve the same purpose as the previously removed tank. All other terms and conditions shall remain in full force and effect. BUYER: Riverside Homes, Inc. By: SELLER: Ozzy Osborne Date: Date: � All; " - , I - " , - -. 4 ", J -, i - ".,. .*. , -, 510 DEVELOPMENT PLAN41NG CITY OF AFNrON HIECEI ez. (2 dv il-, a. VIL .7 4y ZZ, . . . . . . . . Q7 17 �4- 7-111�� Eve .1 once a,� Z& j~ 5: .! ... / j: • Is. /- .w / - - r>✓ ca ✓r, �>i r._[a✓r rt.. �e-ell f.�[ :.i.. r� '� � f •,. r r�c� rr--. .rJ c ecT� ��l.-� Q�.r.{ _! rY.. ..[ .._... / .. �. - 411 d/ ' r r .o ei.t :i :i/s � FI��� /�� °� �' r �a.�.., _r�✓ti .,"..a<.4y,c.�•4r-tl si•h s� l.C.l c.f -.v.y dd R Ura�.+�c-�v�,:..� ! A.s -N � L<+-r. 4.t�t.L �.ri ... � € j... 677 i 'f z. yam,.; - - -�a �F' /kfYG•+f..�!.f'�ic �•T = ter_ � � 1 �� �"4- ' .?C pp[ #-j - - _ _._-�_ �G..•v '+ -:tiOi:+"wt+n L� ' _:..iiCc..--ir._ _�- i •_iC-t-, k� •j.t Y rs �� {�' :��'+ y�:.: / M ��z tie •xrt,� � �zX. � � - Alt - ice/ .J•�.`.'^_"1/ry 'J S T- .� T �sj �IV� r'Y ' /I'7• �- �F.iCs./r :.r�. , s[.:-.�.^'}.=�W' 4� � G - - ~Y 5 w e+-4rst+Y- .t�Lt.�-c�.�-.--A.rt•f�-+�_�sy..a-�cc...•�.�..-� "�`„'•:�".y..-Q�h � •_ram,-�d� - ?.?ti..- .RAL. _ �_ � .e,. �d .s.,�.a rLr. 7(W'_ .j.-.r~:L• � i ,..._ _ -ell +.... - ---.v.,��,../_.-�. _ _�tt�aej .c.�,4i �a.�.iira,,, .e.x-.js/�.✓y."y%tom/�. /ram �+ Sz �, a'�� _ - - -�'r.!:{•R _�L.4CYliT ��� � ��-.+Q#l.+KnG i{rr4I7.�•t J-'K'�NL. � ` ■ ■ ■ I � t§. � A PORTION dF.1HE-,5E 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 7 n OR trK T vp�jn or fOQ.DD:-'.F'ARCI 2 �T 'iA 166," SG A* 4 S. f"T": IF2 AC. r J J, J qlr 9*1 I? 10, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M. re "Qu N cAu 3V2 K sl '`girl' 6N Sall-20WE 1 35' 1324 �Y- -T MA �IN CAx ./"Sk VI ,nY ASsr mrG WMSCTNeu.p+ U. 6 1324 70- -T, jJ1.17 VS, io 16 07 i"4 MIND CADATMAL CORNER 11"TION CORNEA a XT SN Rom AS cm LB 51933fOR PRDP CORNER FO A'MASS 011K N 4' coee pe6p. " is D.3- ARM KwAa VA"M N&I. I V Me PA RCEL I AREA 168,923 $12 F1, "2 At. '.'A 314' BRA" 15 nfflIK *1 ROA0 yi11p, FP K.CLY SEc1n•oCN 10 AREM600W pk..: . .. ....... $HE MIWW WAIIHAM N.'OF 7K SWTHWM WTER OF WE NORTHE"t ALE I'-5W WMTER43jr 1WnN 14L NORTH. RANOE 5 EAST, W.U. IN S KINa FWNTV *Ah GTOF db(lb FE Exciii, THE VwTN gr OF PIE.:*$T HALri:?fMOP'i JJLOO 0jr OF TNi VEST ill.00 4f. THEREOF; 129 71 FEET 5XVi 311MIk *T or. hir 1w. EXCEPv"CW*?Y RU NJ A!' DATED ON KW 0WN"i*'AXfflAL:iZjR " U61110 TILE. CAST UK 'OF M NokTHEAST WARIER Of KCTION V. A WAP" OF GRAPHIC SCALE RECORD.W SU VEY AuDiToR of REcaqw's aRTSCATE SURVEYN's CEMCATE :MON Fled F- record Lbis-&-day 19V..kr�o'fm. in 8w*_oj Swwyn 61 the r.q.sel of This rrL4p correctly reptawls 4 w y made bY me or r`* .der my direction I� cp-lgr to .11h the raquIreme"to KIWCW�� :. .:. NOTON *I INC. BUSH. ROED & 1410404CM, AUDITOR OR DIVISION Ec"s I the Surrey R.Cordi.9 AM at 1ho .quiet of 0. ;n &ALL to T-q—% — -L' DUN ROED 1417CHIKS. INC. KNQQVM SUM 1005 41 I DRAYM Ry El. ...&TE; M��4\111 k. I jo�/ geog L — I", '"M . - OT I I 0,1ECKED By SAH SCALE ISH Q C*l CO 0 Q� UA;tin Jrvw Ale— S—y tJA . q*dS f i - f Deeument'Ckk(s) (or transactio ns _contained bertin): ZL Reference Kumbtr(s) or Docaraeuts at,signed or Messed: AddWtiansl rikmwe moiben as page of docamw(s) Gran(oc(=) (lnst name, fast aamt, Initisls): Ki tr f e`1 t+► Additional names an page of dacumerd(s} Granlet(s) (last name, first nau+e, initials): _ -- _ • -- _ AdcfiliwW nasnw an pap � ofdocunm' 1($X Lepd description (abbreviated): l.ot: — _ Black plaliStction: �n Tawadrip: sc05 Addihional Ito is to OgC of dowment(s) LOL. MOCI PbUSection:- TGWU!* -may Additional IMA Is on pale _ of doatmcnt(s) Lot: Block: P1a rlsectim, Townd,iv Raw. Additional lcssl b an page of doc"Cat(s) t ot: Btack: PietiSediorr. TowmNFr' Add'nia w legd is on paga�ardocuni=Klp) Aostnoes properly Tax ParceiiAccouaf Nutaber(s): 16NO 4 The AudilodReearder trill rdy on the iaformalbu provided on tkb (area. IMa stff WN not read the attached docuaacaE fa vertu the accuracy or eormpktentss of the iadezlng Gforneatlon provided lstrehr. "erc.4.rar..at t eslarl"-fut +wr+i oil w w ter UMXB w 1019 0 101HI lib M KXAf*RLE DATIVE GROWTH RETENTION AREA . COVENANT 41 'll17' Ia t * ' �g '��. - �• tl* �� [ c art• i r ettabL%b d n s madw gmow& retatbaa arm far da pwpm of and treating f wm ad is a4od to lcwkbm applpq t4 vesmsm removal is ail dm4paleduas sbamin Azzdmow A, and htmby ammum sad agrees m iAuwm 1) AnyAmuffmW smm6 mm and tbdr buffam sha11 be p mmx to w" Coumy Coda 2lA24. 2) The 1 1 1 pmpeq auWde of dw seasibre m= and dwk buEfws, m"moem readvran dmimp faoTsus draafidd . lavrai wd pastnrq shah be mimidud in a Totaled oM&M The fbDom* aaivma am alfawed: a) On sow wM& bm bam disaabed by bmw acu* or masted by mrdam vacAl to ptom e WA appmpdm DaivA We6a of obw appmp im b) Comaruaioe of p&W t ak proud d9 6ey ate V ided by awsba im and maimaaum s sun&& m the US Foma Segvica " hale ltaaa�m� ri H>rdo a (FSK 2M.19. lone 1917. as ammA* Sind "SbWad Spocdwtims tar Caekpcdm of TraW (EN-Tr410. Tone 19K m .�: nmdtdedr but s ao case siuq tt�s be castn#ad of �b4 of atba ion l mvervww smfm* which would uumbute to swfa= water nawff udm such tx m&uctim is umcow for sod swautian or $04 era" prevWdM c) Limited ukmming sad ptari ag of veVaation for the ctieatioa and rce of vkws per ZtA24.310.D.4. d) kepkccmmnt of imdRviduat trees wAil w tive trees sm ; wed basis. forested hydtaingic om&i= aad sal stability shall be maintained. 0 This casemcuifffestric6m is bi xft upm dw GRANTOR(s), its heirs, sucoemn mid asbigtes Cq oaks= a unO a new drama&A or sae plan is reviewed and approved by the Deputmt of c7 Devak pm w aW Envir mtmW Service$ at its succ essar- O v- r GRANTOR Q� GRANTOR STATE OF WASEWG ON ) GOUN1Y OF KM ) ss. On tba dam pascoally Woo befame me. Kenneth E. Ki er 5 Tina M. Ki&CX some larvwoevba the WlirWud(s) d®wited in sad A* ea m ted she v4dtut aced foregoing nd CD �a�ddus doy�x*od r6e =seise as ibk &rn and vduahry acre d &MA IS t6a uses Gimp raider my hnd =*4 "�Y'�I d» /O — airy of 199.1 . -+�o 7 s M . ARY P'UBi tC in and far d! -ot VIrzgjoEm4 at. Ren t oil, 2 di ATPAC aNT A IU sft plan M . sk" for kdwwm�md pwpxa =kF The NNOWB t Rd"m AvcQ idane.a '!�n aise rite Por puaet n�ber�i2�Ora — �3 � �— aep+eM�e ap�ule lacadau of tWe►iatire eleslianArra(s} Apyroro Br: i�rG C_Z� A.� ORIGINAL REA WM ADDREM Affie ROW DBW br#W CRC i1N 7t�mm PO SO 1t7B34 t omme.WA frBODsl47OLU tint n Attu: SES xnrc , um "=I San Ol sm 110.06 EASEMENT (cusfoiser form) REFERBUtCE r. C4 ANTOR Rye GRANTEE Btu � SNORT LEuAL argot on wya 2 ASSESSOR'S PROPERTY TAX PARCEL' 102305-9344-02 OP.N" No 235-37 JOB W. 1 For and to ccnsbempon d One DOW (3IA0) and Wier vokobls wrwk[eration h hand Acid. �,d .- ('Gra W lama+), Ire suoceasara and esalpm hereby oorwep aM waersnu to UT SOUND OM . BIC., a WnNnpbn CoWaeon (GranW heroin). W& supOBuM and tasigrm for Ow purposes ijaretn. W sal ft rk ■ nomo cka" W" es"MW over. under. flag 6=1 sad mmugh the fottbwfap dsscdbsd "I properly ('Ptopw harafe) in _—O R County, washll4m SEE EXHlBfT 'A• ATTACHED HERETO AND BY THIS REFERENCE WIDE A PART HEREOF. EASEMENT LOCATK tk ExclO m may bs otherwise set form herein. titantae's Tioto shop ba tm cisad upon that portion of M+o Property 'Emornent Plryoo here in) Om& ten (io) feet in width Ira el d Era 5) fed ouch riidlh on s sidpe AI I—pamorls of r ofvm pPrap" octuptld 46y uidi+g fowrgs, fiuneatloru. Now subuxtece cxsctr.� 1. PurpIms. Grantee shelf haft the right to cmaWuI operate. mainWirb, rep*, rapleca, mnm. wgwpe. BW use Bo Eail&WM Ana for one or mmB uhlty syda a for pucpoaes d bansrnhskm. *9 m bon and seta of pas and dedrldfjr. ttrpeffor wfih the +Mort of access CAW and am" said trap rV to snahle Grantee to exrOm lb *6 herearW r. As used hweln. to tarm'systems• shsl indude el Bpptatshertces and faalifas as are rocoaaary, In era M p imm of Or im. for 0►o gwa$w wd mefmwanco of sold syslsma_ s. Oratdeis We of Essawot Mae. Granby Term W to oW any sircnlures w said Ewwrod Area. and fuil-mr sprees net ro pLum'treas, mc►eeea, lerr.es or otw obWucbom an the Pmp" that wmm kmwb rt with 41 V* ercambe of lignEea's tiplaa hereto. DATED Diis (D5 day of . M R9'0('N 19=, GRAI of. STATE OF WASHINGTON ) ) SS COUNTY OF kIA'.6 j On tro4 aiy of M. before im a fury Pvbfle in and lDr dre SEW d Washington. duy camrrataiprad and arvaan penimily appowed lI'VA M HE ✓ f. W6,E to me Mno m to be Era ird+vidwt[a)who oxecutsd the rrBlrht and ionpoinp irteelsrrerrL asd edcnuMed9ed era) r a; .W oho sane as fgIU& _km 2na lot adDh scs and dead :err me um x%Z Awnwes ovi par, L� fa , Gt'MEN under try hand 90 oWel seal this herof4aad the day and yaw in !Cris CerGiEod�a NOTARY PUBLtO In' - of wadilnoWk rsaidi»p of Yy appeidmad axphes ` 'nsah, oe ar as.armor fear M r.mtla ro q o cast farm 1 ilt9" % A DATEC this day d 16 I IVIDUAL wit 1 Ss c ) On this da ly ippomd bdone w,e tmw.rn to ir,d;.idwlW dKaerikaed ,n and that shjnad the same as It" and undw aq hand atd c4dal seal tfas T INDIVIDUAL STATE of WllV*MCrOPr 1 KO " iaAll pn tMs stay petsmupy appear d tt�e known to be the ifld viduaw bed in and who ow &i rW dw itaae x 6w and GIVEN ender niyhand v4oa seal this ElY ro +� ntaeused the Within and foregon tetrumem ack ad anowledged Oamary ct aand deed for dw w and pwgxna s*Ww men;wxmL day of t9 Prt,u t6ouy iK rti and Par State d Washnx,aw, RnidM'8 u hAy to me the wid,nt and foreg 'ng imn mem, and acknowledged Ad and dwd for the w and pmposes#ex+n ww:o coned. _dayd lj_ Wme Moray h*A-c in and for the So* or w 'v. Redding at t l tY cas,rhdsaim rapre CORPORATE STATE OF WhSFba[TON ) 1 3S NiY Of 1 o� t ' dry peesortatty appeatid be[me and ewe known to 4e the and . of tI1C pw Cx4SYle'd EI! ng irgNlw�w.M aCknrwAe4ed the ilia irkorYned to br dw [ and wluntary a deed d said on, for dhe uses wpases therein nwnhio jed, and on oath stated that aoth1) zed m die said - nwkm and dw dw seal a the cotpwatt sear of said aorpotasian. hnider ov and oRrcial sal dos tar d 19� pYrr,t tas ssy conptrg GENERAL P ERII"IP STATE oWASH t7N ) 1 SS COUNTY OF ) On dus day of 19 - besww ring a Nuyy bltc m and tv ate State of washa,6M duly and ain personulay swb me lahown to be iheleeetal d a Washington Gen,erat Panirtesnip who tar within and EateF ft, and gdmowledged said i to be row anal ao and deed as fat to uses and $teem rtkwjoe*d- WMESStiny had de aMcW =6 dine day ym m "o&kaae abort r.ri Ptinl 4roe Noy tc in ad lot the State of "groin, MY 1M/1lbYl00?2! - t�1 u PUNT ZMM IN Us if-M i a i EXHIBIT A LEGAL DESCRIPTION - THE SOUTHEAST QUARTER OF THE $OUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOYV41SMP23 ATOM. RANGE 5 EAST, W_M. IN KING COUNTY, WASHINGTON. EXCEPT THE FOLLOWING PORTIONS: THE SOUTH 138 FEET OF THE WEST HALE;—_ / S:.� THE NORTH 132 FEET OF THE WEST 670 '-AND THE NORTH 129.71 FEET OF THE SOUTH 395.95 FEET OF THE WEST 204.32 FEET: AND EXCEPT THE COUNTY ROAD. EXCEPT THE NORTH 129.71 FEET OF THE SOUTH 395.95 FEET OF THE EAST 40.00 FEET OF THE WEST 244.32 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QI)ARTER OF SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAV. W.M_ IN KING COUNTY. WASHINGTON. 11 kE: Tax Parcel No. 102305-9344.02 NE 10-2$"SE, W.M_ Grantor. ragV PSE No_ 1050047SO 1ti90tE�1l01162! OF raw .on a as ►o,* K146 COIJIN'TY, WASHINGTON RECORDING NO. VOk_/PAGE loam am Is w W.. 2 QrFw.cM 60UNVARY, .12U, -"II•Nw I • U .L tN, tmg, =w/ com py"c". ow w fit W N_ TI.10226847" LQ Tyin nowtvater QvAwm or VIP: voennsvIrT OvApTck or THE 001111"MUT QUARTER or 11115CV11w 301 TMNRM 33 Moln'". wwas 0 Im", W.K. in DEQL-AR&T10Nx'..,. x2ve 1:0orr", w"Biwwow? If zxce" THE FOLUWIM Vorvittoxylt Tmic sours in rear oil "Do va" wAut Y THAT WSl'THE 4 L -'B,r- 9. I -MR. f itzl, THE *am 1 3 1`11" or 7111C WEST too rL.CT AND THE WORTH 129.71 rRtIT UNOFJtgIGNEO THE L*ND HMO bEfirm""" LIS -5, r1k'15' oft FT. j5, !;w , No or THE SOUT3 D A f.Ec_ Nc"T C=395.95 FEET Or THE WZAT 2a4.33 went AND 8 ACARIS ROAD. 6 HEREBY MARE A. Vg UNE ADA47MENT 2T THEREOF PURSUANT qP� iN.17-040 491D crRw� _;l" 1145 ADJUSTMENT TO BE TMIF OAAT%Iq#1PRESD(1ATION_ PARoAll. III ILANS06-host OF THE AME, AND THAT SAID A0= T is AADE a Awj w "YH THEFREE CONSENT AND IN , ?M .� VAXkg "TAT PORTION or rK5 6WTNXk*T 1JORKT11011t OF TMIt SOUTHWEST (WARVAIK OF ES OF THE OMER(=. %MTNt QUAR.T. or M=.Q" 101 Tompffilp 23 ""TH, RWON it HAW SET MA HANDS AND NAST, N.H., I]( M."a COUNTY, WASKINgToN, OteCRIONIM A@ FOLLOWSr ?WE DESIRES X "w w;�/ Mw bAk Qv 11 6, Is LOT A "' 2w 24 OLOLDR174113ACRES 2991WINC AT THE SOUTHWEST CORNER Or SAID AUJI01VIIIII-To"o -97,24, IlAwt RUM THE W=T 111"S TKKMII 96044 FEET jr 4 THENCE "OWN 00 K510110119.910116W TO THE TRUE POINT OF IIXGZKNZPG OF TIITB DA&CRX"ZOPP 02.26. A" 204.32 Ferry DO 07P24- us? 12s-l1 rzt?p j 87 XKC%Pd6"Io 17-01'26- NEST 204.32 FEET TO TMR WEST I-INC OF SAID •• 1. . KEl B, 110- • to N., ALOE K " U I. OD 0-07124-0 WEST 129.71 rwr To THE Tkul volur or 14 Twp�L% SOUTH a MY wIqw&yA 4.91nmy re.O.A) *CM THE WEST 30 ?NET FOR 149HO AVENUE SOUTHEAST- Ir poor POWER 9ᓄW ow M A sic iv it MR "M M agmto .0 po"IsaylkI:.' am ioucmrdrxo�f'_'P 5t.l. r ft�%mat,Iel A. piscIpApa... rMCv sore c—';, or"w.tw, 'rY u*I *31 soplourz 4'�T QUARTT7]::IbIr QUAItTLyt or THE MORTLIFART MW I.W ..d -J-4.119111' It 1. b. (h It7- I THE SOUTIf3hST ow V�. Fa. Aww 10� TOW)WHI.v ;tj.-)I0jITH, vuAyokf 41 EAST. IN -4 Ca 314;r WNE, N a'A, COUNTXr wAlturNIPTON; 1 101, 0 W. 'N Pxcpn..Tifp sc)uTK kalli pr.zT."or 7F(E,WE9T HALF TM3R=Fj W. of cKt. woortnom.kAol MPTEO php MIA "a OW4311 -"An Doic N PUI40K coca W/ cuirm OK i4s., TKS,,�OITI..i'32 rriwip not wvl;T Ito PAK. THEREOF[ TrtC No if 129.70: WXFT OT T.V ISCIL11. 345.9S I.Wr OF THE -oil BAST 2.14112,11PIIINT PF REST �i4.31 FAR`r TMPMWFI JIM 30.00 FEET VINOD" FOR 142w0 AVENUE S.E. that IV " 7ARCEA Er pht -d ;.d lwy rl Tire NORTH t2si.n Pin or Tinif soM 195.9S FEAT OF THE CAST 214-33 rzgr or THE VZOT 244.32 Filter OF 71113 SoUrFLERIST quirrim or "IS Soory"'Cer 1"ARV6 l Or X "MTMST QUARTER 23 NORTH, RANGE 5 CAST, W.M., XM 1. 61111 SURVEY RECORDED IN BOOK 131, PAGE 0111 FOR ST:OTION WARKDOWN AND CQV1W=N0 MOOLMOT.ATION. APPROVAL MERIDIANs KCAS. 114,818 07 111201MIJ1S 19 THE PANT LINE OF THR Holdung? QUARTER OF SECTION 10-23-6, BEARING NORTH 00'02'42' AnOVIED 148 DAY OF t FIELD ;;kn PRI11FORNED BY GROUND TRAVERSE WITH WILD TC1010 -TOThL 11TAT10"I LEVELS OF FRT17181011 OBTAINING OXCIVIII) THOag ISIOL' IQMQ b"TY DEPARTMENT v11S=U333-130-090,?1w4Emarled and appralod this 1M NHrq County Asmosepr Q4pQIy King C"ty Ans"Ge B BUSH RM & HrTCHINGS, INC. -Y -Y Clivill. jWWraR8 & LAND MJRMMS 2000 MINOR AvF_ E 112w) 323-41" t RECORDING NO. :*%. 0 flea NO ;�,I;oo Ift. ARPADVAL INOTES ., PORTION OF LAND SURVEYOR'S CERTIFICATE A lO THIS REQUEST QUALIFIES FOR EXEMPTION UNDER ROC 19.08,112. IT DOES NOT NUL ...... WARANTE THAT THE LOTS SILL SE RECORDER'S CERTIFICATE ........ j / A . X4 This BOUNDARY LINE ADJUSTMENT co�setly represents SU17ASLE FOR DEVELOPMD47 NOW OR IN ilia: for retard this. clay a vir"y inodo by ma w uWar my direction In 7WE FUTURE. THE L19AL TRANSFER OF• In P*Qoa0.Qk thd r&que"t of co0prMoms wilh 6100 cm6 eou,tly statutes THE PROPERTY MUST BE DONE BY fty-f MLY-. IV SEPARATE INSTRUMENT, UNLIA19 ALL BY DATE Joe tick. 4.01 "I L LOTS ImUltim ARE UNDER Twit SAVE Rw A) WUBy 1KALE IWECT Cotifedis No. AN - V a1I i2 a 91 Ni� CL < k f z Z V) - 69 z am Pt R lail-3ag. " -1m W I I e r� O Qe E+ N U3 k{� /! || � � % "It -Ts 3AV Cm" 0 -� \ ƒ � \`5§ > � // J;v w. 6 4 Retuth. City.-'derk'i Office C 0i Renton 165;:3otj "OradyWay.. 9 X ti Ple= pnaw type tawn . ationWASMNGTON STATE RECORDER'S Cover Sheet (RCW 65.04) arras applicable to your document mug be filled in) 1. Ordinance N&.5096 3. 4., Reference Number(s) of D6cw*nts "gded Or release ':' Additional reference #'s on page of do6nineq' Grantor(s) (L=i7qame first name, initials) 1. City of k�nt 2. Additional.'"Ine*'on #age of document. Grantgi(s) ()Last mane first, then fast name and initials) ..... .. 2. AdditioiW names qplpage of di curAent Legal description (abbre4'Wed: i.c,-!(A block, plat or section, township, range) 4 of the SW VA of the NE 14 All th The SE I/ -D'the, No , r .3/4- of the NE 1/4 of the NW 1/4 of the SE V4 of Section 10, Township 23 North - Stast.w.M."InXin 9 County,, Washington; EXCEPT the North 30 feet of the West 30 feet thereof, said exceptioll being within th6 City'LiPits. of Renton per City of Renton Ordinance 4215. Additional legal is on page 5 of doc L UnItT". Assessor's Property Tax Parcel Account Numbef.., I0 Assessor Tax not yet assigned 1023059344,1023059435,1023059257.1023059158, .# 1023059335,1023059141,1023059245,10230593f--7,.. 1023059058,1023059337 The Auditor/Recacder will rely on the information provided'ah the for* 110 staff win not i=d,6F"dqcumcnt to verify the accuracy or completmm of the indexing information OQvided herein: I am requesting an emergency nonstandard recording for'an additibnal-tee'si.s" 'dcd i4 RC-W. 36.18.010. 1 understand that the recording processing reqWretwints yftay.-covir oth-C obscure some pare of the text on the original document f Sign& atu.o RNdestingPoy CITY OF RENTON, WASBINGTON ORDINANCE NO. 5096 :-AX.-., OADMANCE OF TUE MY OF RENTON, WASHINGTON ABNEMG_CERIPAIN.e RY OF THE MY OF RENTON HNSONANNEU-17 ,:ME NO. A-03-008) 01$ WHEREAS Wider -'-theproviis of RC-W..'35A- 14,120 as amended, a petition in writing requesting that c eztain eirit!*y oqnhglfous to :Ptk of Renton, as described below, be annexed to the City of Renton, wa`s_ pr6sernod and ffied or about Der -ember 19, 2003;and WHEREAS, prior to the filing ind,&Watib'n of said petition forannexation to the City of Renton, the petitioning owners notified the City CoWil of fair itteWou to`*Dmoence such proceediry a; .`provided by law, as more particularly speofiod in RCW-35A-14.1-10,.ind upon public Aearv`�" g thj� eoi� to . it having been determined and the petitiom owners wnm:. assure their fair share.4 & -pre-odsting outstanding indebtedness ortM Qfty:cif Renton as it perta�: to the to..,:be annexed; and to accept that port i . on of the City's Comprehensive Plin aii.#,,- to the teiritory including the applicable Zoning Code relating ? thereto, and j, WHEREAS, the King C Dq)artment of. -.Assessments has examined and verified the 1� nty signatures on the petition for annomfiolfi =4,,40terpgod sig"nahm represent at least sixty percent (60%) of the assessed value (excluding' streets) .0tthi arci to,be annexed, as provided by law`, and .:tEPUjF-jCATE 1, the*e0ign6d -it"' Clerk.:of tht ty gbq, City of W "in "bertify that this is a tie And 000=fcqp� of and City ORDINANCE NO. 5096 W]WREAS, the Economic Development, Neioborhoods and Suwtegic Planning Departmft=of the City of Renton having considered and recommended the annexing of said '?' proped)f it y of Rentb.4% WHWA�'thi City hearing in the pity :CbunO notice thereof havfiigl;givi 19, 2004, as the time and place for public C harnbeii, City-IM' ]�Anton, Washington, upon the petition and ,. as provided 1* and WHEREAS, purmant to said notices, pub.56 -hearings havd been held at the time and place specified in the notices, and-dw'Cqiinc#'having` vd"'idt'mafters in connection with the petpetition further thai��: determined --�H !egA,..requiretg6M-,- and proogdures of -'the law t method for J?06n Oek applicableb the peti on annexation hiive WHEREAS, the King County Boundary Review t4d."liavin.- c--eem d.& Notice of Intenti6n" V:' proy '�d al of August 20, 2004- and WHET EAS the City of Renton is concurrently zoning the annex lion: site R-8, eight units p&v.dac rr; Now, -1 t qyIW,, TfW"-.,CrTY. ,COUNCIL OF THE CITY OF RENTON, wAsHNGTON, 1)0 At FOLLOWS: $EMON L Tfie,"Ois, feci als.iW:Aqe: . �'t are hereby found to be true and correct in all respects. All requirements of the layrip regud-tp, the annexation by petition method, including the provisions of PC.W."35A-14.129,.136',"-'.-j4O and M have been met. It is further detaMined that the petition for annexation tdtho.-tity ofAiiton.of the',.'-prpperly and territory described below is hereby avvroved and aranta. tlxe AOUQw "&ibed .rrroneatir ORDINANCE NO. 5096 :4eat4* and pch annexation to be effective on and after the approval, passage, and publication Of this Qrdinance and on and after said elate the property shall constitute a part of the City of R nto an&°shad be'.subjeef#,o all 4.s laws.,and ordinances then and thereafter in force and effect, thepmpariy iieiig described, sollots ` See'it§-," ,» d "B" at a ed herete<:`� made a part hereof as if fully set forth herein }' [Said property, axi lately 18.24acre m area, is generally located south of the centerline of 1 le Street, if extended,"and::east of the;vestem edge of the 142 d Avenue SE right and the owners of the property wrthir�.: the: axiexala`ioni.:shli ,sst.me their fair share of the outstanding in4btedness of the City of Renton. --.as scn'lied in I;L X'14-J20 as i 'pettains to the property, and'the property shall be subject o:: :City's Comprehe Ave Plan And:: Zoning Code. -' SEG'Ti01' II. This Ordinance shall be effective upon passage, approval, and fiviAays'after its p ' iication. A- ed co ..,-bf this Qrdirranee-..shall be filed with the King County Council, State of Washington, and as;A.3v#he-b} law, ::.... PASSED BY THE;CIT:'Y COUNCIL this 25tk-`:--•:day of October � _ -, 2004. ':'Bc nn' ' I. W altdn, City clerk ORDINANCE NO. 5096 it RECORDED AT THE REQUEST OF AND Akrft RECORDING RgnjLm *N6rtlry and Properties �har�A- Gilroy ro - .156" - Aver6e, Smote 100 Bollevte Wa$fiingtq!i 98005 `2 0 050 52900 :'.FIRST gig 4 'I 0;1CAN ERS 4.00 vookeei a 013 COL&M. WA Reference numbers of related.doium6tv. NIA Grantor: WEDGEWOOD tA1NI LLC.-,'- a Washiti",limited liability company, and HARBOUR HOMES, INC., a Washiigtqfi corpc ' ration Grantee: HARBOUR HOMES, INC, a Widftton corp6rWfon, and WEDGEiPOOD LANE LLC, a W9 shington limited liability cow an Legal Descri ti .(abbreviated): Por. S 1/2 NF Assws6r's .--Nrcel "Nos.: 102305-9004; 102305-961. 102305-9344; 1'02305-M35 and 1023.65-90�8 ROCKIERYINSTALLATION, MAINTENANCE, RUP 70.VC, -RUCTION EASEMENT AND AGRE This RRDCJ±k-Y- INSTALLATION, MAINTENANCE,REPAIR AND REC&STRUG�17I(?N BASgNO�AND AGREEMENT (this "Agreement") is made this 23rd day of Aiagus . an.d.,.betw"een WEDGEWOOD LANE LLC, a Washington limited liability `-cotnpany.,,-7Wed-jevv�o&), :arid. HARBOUR HOMES, INC., a Washington corporation ("Har"e--),"wijh respect tdihe:fb1j6"Wi4g facts. RE A. Wedgewood is the owner ofthd'real pm"periy I "Lted in the City of Renton, located Washington that is legally described as' follows fthe'Wedgewood Property"): Parcel "A": ERicM The West half of the South 10 acres of the 146rth:-`50 acres of--'W6 East -half ' if the Northeast Quarter of Section 10, Township 25"N�rtl�`*Ran"ge' 5.- f the:: . Y Parcel "B": tot-C-of King County Boundary Line Adjustment No. L04L0055, a=rding to survey -.'-recorded December 23, 2004 under Recording No. 20041223900001, in King C ount we4wood is planning 1b develop e-family residential subdivision on the Wedgewood . d.. 4"'op agngl ao-d "to that ed appl.j.cgtion with the City of Renton (the "City") seeking preliminariyj Iat---ip*vaF p .. q . fdr a 404pt sikaivi on , under the name "Wedgewood Lane Div. 3". (The City has a�� ?Ile.Ni: o. LU`A"'!::-O'6-084AoAfib:t application.) B. ."llotbdJu'r 1s."the.6wner of thj� �`g property located in the City of Renton that is legally described as foll� "F,.. iarb, r .. i Property"); to, Parcel A: nd' A-_Aju�iint Ro..-.1,99LOO22, recorded Lot B of King County B& . ary.:'L�ne 4ty'*r under Recording No. 20GO01 06900008, iA King C Parcel ;'Lot 2"::of Y'Clng County Short Plat No. L99. 0007 acoo difi' to Shoft Plat rec g 14 260 prdeo Febnwy 19, 2003 undeT Recordin 3 021-90000-03,in King C'6unty, Wa0hington. C.. Lot 1.1:�� -burty Sh ort hort Plat No. L99S0007, recorded under Recording No. 2003'62L§900::003,","Re,c-or.&"oi�Kin C Washington. g County, C. The Haxbo&.-.-'�'prpp"erty..:,pk�uts..'a"'-portion of the Wedgewood Property's west boundary. The co6moh" piopqrty iine 'betweei the:.Harbour Property and the Wedgewood Property is referred to in thii Ageai�ent ag'th*'4'Coin 6n Boundary Line". iingg"e4hr�ifly residential subdivision D. Harbour is plarinmg-to Ovetbp a4674ot...: on the Harbour Property under the name "Aspen Woods" and has.. obtained preliminary plat approval from the City for its planned developmenfunder Ci tyFile �4o.LUA 04-143. E. A public street planned to be 8th..--Phaps:' is pruned-toponnect the Wedgewood Lane Div. 3 subdivision to the Aspen Woods subcHvision in c .mjunction with the installation of the site infrastructure improvements for those two F. Along the portion of the Common Boundary Line Yiq north of pla.tinedNE ......... Place, the existing suff= grade of the Harbour Property is geneolly:-Egbet_.ihan`(azid EASEMENT AND AGREEMENT Page 2 slopesProperty. With the planned down to) the existing surface grade of the Wedgewood Prope W -id&wpod Div. 3 and Aspen Woods lots that will lie on both sides of that portion of the. ommob -Boundary line intended to be graded nearly flat (except that a maximum 2H:1V Nslape is to be "Onstructed along the cast portion of planned Aspen Woods Lots 9 through 4) the gi;�& differential - in the vicinity of that portion of the Common Boundary Line is jintkipat'd td in&ease.:-.-..To deal Mth the increased grade differential and recognizing that it appears vea likoi,::that WedgEwood-,vn grade: Wedgewood Lane Div. 3 Lots 3 through 9 prior to off' pro-pos, Asp Woods Lots 9 through 14, in an August 23, 2005 unrecorded .,'-Agrieem . ent--,)Rjgardft* Laii d D . Oqloprnent-Related Matters" (the "Unrecorded Agreeininff), a' -k-a rely -would be constructed generally along the agreed portions of the Common Bout da?yLine graplAcally depicted on Exhibit D-1 attached, and in accordance with::(9L).:&.typical cross -sec. ' Jq -L n�*gn of the rockery depicted on Exhibit D-2, attached, and (b) the "Expos6d Toe of Wall Ele#ation§" depicted on Exhibit D-3 attached (the "Rockery"). G. Pursuant to Section- "3.df the:;Unrqw�oed---Ag- ent, the parties agreed to execute and record this Agreernefif with th6 K ing.Couft- , R.e&o44. WHEREFORE, with respect to these f":,.-and.In rigapd to th.,e`.-=utuaF�iqmiseS contained'. her ;:and for other good and valu Able consideration, on, t66tpt aid suiiioenc'y of which the parties hereby agree to, the parties hereby "agree a.5'. q. ows: AGREEMENT Harbour's Grant -to Harbour hereby grants of Easement WedzewooLL..' Wedge w-ood'a ppipe6al easement for installation, maintenance, repair wid reconstruction of lr liRookery oviiunder- alofig and across the 5-foot wide portion of the :Harbour Property J tha,6§ legally dekribe'd oil Ex ibit I attached, and graphically depicted on Exhibit 2, attached � C'Eas�'.S'trip 1'1'his'.. lis easement'`§hall (a) rum' with the land, benefiting the Wedgewood Property and b*.d 'E'as4`qi`e'nt $.trip 1,, (b) inure to the benefit of Wedgewood and its heirs, personal represebtatives, 46-c'm s And: as�igqs s6r " " 1"' , and (c) be binding upon Harbour and its heirs, personal repits"tives, successors and assigns. 2. wedROWO Grant -.of Easement -*, to-11siboul. Wedgewood hereby grants Harbour a perpetual easernentft- -im-stallatig"n, W:aintenanW cq'-`rc ' and reconstruction of the P Rockery over, under, along and across the:"-Blotwide poiiion of.the Wedgewood Property depicted 'iXiF_xhibit4 attached that is legally described on Exhibit 3 attached, and--gr:sp bii ay ("Easement Strip 2"). This easement shalll''(a�: nw with the Imid, benefiting the Harbour Property and burdening Easement Strip 2, (b)-i-niur'o' to: `the --�en.�ht.of Ihir�our--sad its heirs, personal representatives, successors and assigns, and,(a) &,UP94n ber'bi diVedwwbod and its 14. heirs, personal representatives, successors and ass' .each ofthe 1 Obligation to Maintain and Repair the Rocke Aspen Woods lots that are eventually created and across which Easement S*:.l lie's as "the EASEMENT AND AGREENIENT—Page 3 owners of each of the Wedgewood Div. 3 lots that are eventually created and across which E4 �sejfient Strip 2 lies shall be jointly responsible to maintain (and, when necessary, repair) the particul-stretch of the Rockery lying along the edge of their own lot in good condition. This -joih responsibility shall be a covenant running with the land burdening each of those lots for t the bj�aefit of the abutting lot across the Common Boundary Line. -:AEffect of-;8qccei9o;s.>This Agreement and all of the terms and provisions to thi and be binding upon the heirs, executors, personal assigns ., d. sthe parties hereto. 5. Partial mvalidi+' .�If any.: prbvi—pion of this Agreement is, becomes, or is deemed iUega1,-:s.ga"prqisio.ii shalt be dq6nbsd,amended to conform to applicable laws so as ��be be valid and enfbrcokb1q--- or, if it ct so amended without materially altering the intention of the parties -it sh"all bO stri.6ken�and-'"the,.remajnder thereb shall remain in full force and effect. 6. Entire Agreements This Agreement J c-6 n�,A'mi the '2n'tire agreement between the parties relative to the subject matter c6ntAine.d herein and orrecdy sets,fiwth the righ ts, ghp, duties, and obligAtions; of the parties. No oral 'riepre L 564#oni of- m6dificatidhs mjqr-d�g this Agrement shall have any force or effect. a s. The section and paragraph 6adin ire -thistAgreement are for the convenience ofthe parties only and are not intended to mddify.- or defirie them m any way. No.karta ..... f __--MhilD. None of the terms or provisions a. this kgre�ment shall be &eme& to cieatc-ii p"erihip between or among the parties hereto, nbi shall it cause them to be.consi ered venters or members of any joint enterprise. Ve dgew6od": . WEDGEW-OOD :kNE ILC, a Washington limited liability "p.?,ny By. L -and'Tr10;tJnc.,,-..a Washington corporation, Dated: August 23,2005 its.Mans.g J. By Richard 7A. EASEMENT AND AGREEMENT —page 4 jF-: "Harbour": HARBOUR HOMES, INC., a Washington corporation Ibate& August23, 2005 ..-JDy: stir Lagers, WILA Acquisitions Manager STATE OF WASEON6TON )js. COUNTY OF KING On this 23rd day of August, 2005,"b'Oro me, before thei. gn.4-a-,Notary Public in and for the Styi&-of Washington, duly commissiOned-aM,swqrn, perso y aped M QiARD A. cyiiuby known to be the persod-who sigW'as,:Presidin6 6-f DLd sti-`Inc., a Vea.. Cj limited Washington corporation, the manager of N growo.. liability' company, :-the limited liability company thit-.-excc&ed,Ah6-::witbfm .And, --foregoing ins#.t�inenty and acl�owledged said instnment to be the frea and.vot-untgry act and deed of said`' corporati.6n and said limited liability company for the' -:cases and .,pIrposes therein rn';6tiopd, and on"o4i.stated that he, was authorized to execute sal in tr rterxt on behalf of said ccip rkon.and*that said corporation was authorized to execute ia d i3iStxeunent on behalf of ;said year first above �;n STAT E OF WASHINGTON) )ss. !P*0bNT'Y'--0F KING this 23rd day of August, 2005, before me, the undersigned, a Notary Public in and for the §iat.- of---Via�gton, duly„commissioned and sworn, personally appeared JUSTIN knowdto be":& 1.'! person who sighed as Land Acquisitions Manager of Hbraes, kic.Y a W- a ,& gWn.rpqrqfion, the corporation that executed the within and foreoing:instruti manA 41mo;viedgqd"paid --:instrument to be the free and voluntary act and d -6f coqxrWW5 br-'the ust'g"16d deed -s-aid "fi...' puppWAherein mentioned, and on oath stated that he was auth6rized to v(ecuie s4i&- oii.bc alf of said corporation. IN WITNESS WHEI year first above writted.....- of N MY set my hand and official seal the day and >>� L.Halhi6n *--stam:15 nx-fte d*f Notal-?) fiin�ton,ir *iit;peftt "vs -,March 1 p-,2007. C,CR2147*f Mvb" H=i%\R=kc3y EA&==t Agreement Final (9-22-05).dcc EASEMENT` AND AGREEMENT —Page 6 WEDGEWOOD LANE DIV 3 & ASPEN WOODS COMMON BOUNDARY LINE GRADING EXHIBff AUGUST 5, 2005 SHEET I OF 3 EXHIBIT D-1 SCALE: 1" 150' :1i, TAP.:SA;:RGE, W M.. �Of GN ENGOxEERJMC PLANNIN RvErlx{E EXHIBIT -D SCALE: 1* = 800 .......... lo 9 7 L rY L A:RM -6 ca o cz-, -iq 4L 10 Aeop L* E -.WL- -14 WEDGEWOOD LANE DIV. 3 & Ar;` .10vmp-2JNt.-;"RG . ESE, WM. ASPEN WOODS COMMON BOUNDARY LINE GRADING EXHIBIT AUGUST5,2005 SHEET30F3 FNGtNEEttiNG ftjtNNl-- $URV , E T-ilq 0 TOVNSFIIF Z3 NOR I;,"RANG.E 5 EAST, W.M.. K NG COUNTY, WASNINGTON, A&D pROC#ED*G A�,ONG tTM AAST WW CENTERLINE OF SAID SECTION 10 ?*FORTH tslo,02"" WEST A tISTANcE'0f. 1324.70 FEET TO THE SOU MEASfibORAEi OF,; SO�3 QUARTER OF THE NORTHEAST QUARTER OF So SI3mON:.l o, ALSO BEPTG THE SOUTHEAST CORNER OF LOT i, KINGNT .cdL Y SHORT PIA iC .jL,WSM7 AS RECORDED CINDER KING COUNTY RE£'ORom-NUMBER Z0030219900003, THENCE PROCEEDING ALONG THE EAST MIE WF AID LOT 1"ANI210T 2 OF SAID SHORT PLAT NORTH 00°05'48" EA 'I A DISTANCE OF 2m?3 •'IT�iIL nEr TO POINT OF BEGENMENG OF THIS PENMAN WT SLo0I3 EASEMEMT THENCE CONTINUING 40NG M EAST LIW OF LOT91 AND 2 OF SAID SHORT PLAT NORTH 00°0948" EAST i D $, W.4C0 O" 3t-156 FEET TO THE NORTHEAST CORNER OF SAID. LOT 2 TAENCENORTH 88°I8'08" WEST ,Lc N{s;THENOI TH LiNBO '-SAiD LOT 2:A DISTARC'E OF 5.00 FEET, TBEN tE SQVM 00°05-49- WEST PARALLEL WE SAID Er,ST"A r` ` DISTANCE dF 372.56 FEET 11mgCE;ISOUTH 9MO'02" FAST A DISTANCE OF 5.00 FEET TO SAL} EAST: LIME Abb,TH$ TRUE poiNT OIL' BEGINNING: ? LI s 'IU.:TE i THE SOUTH HALF OF THE NORTBE.;MT (GUAR OF-: SEM. ON 10. TOWNSEIIP 23 NORTH, RANGE 5 EAST, W: SIG' C.oUNTY, `STATE OF WA��N. . r R oa mm z LLJ (L Of Of CL CASW T s-rRip i f WED.GEWQOQ PROPERTY" N "M " p ``GRAPHIC SCALE o 5a 100 200 FT. to pe 00. 04105 a TOVVNSHiP 23 NORTH:itANGE 5 EAST.:W.M.. KING COUNTY, WASHINGTON. AD OR©CLED4NG il%ONG TIM $AST-;WVW CENF£RIAM OF SAID SEC71ON I0.14ORT'H gg.!ZD'02" WSST A ]7ISTAI+i £ QI� I324.74 FEET TO THE COMEI�-OF.% SOUTHWEST QUARTER OF THE NORTBZkST QUARTER;OF SAID S ON'ID, ALSO.:E'MG 'YHE SOUTHEAST CORNER OF LOT 1, KING-e UN ''Y SORT PLf. T Nb. L99S0007 AS RECORDED UNDER KING COUNTY RECORDING:NEVER.20030219900003. T13ENCE PROCEEDING ALONG TIE EAST -LINE OF: SAM LOT 1 AND-Wr 2 OF Ship SHORT PLAT NORTH 00 W 4r EAST A DISTANCE OF ZO&M FT;.ET TO �' = POINT OF BEGINDUNG OF THIS FEWAAXENT SLOPE EASENJENT, ; THE NCE CONTINUING ALONG � EAST � 0%LO3'S WAND 2 OF SAID SHORT PLAT NORTH 00"05'4.8" W'T , x DISTANCEIO�`T 56 FEET TO THE NORTHEAST CORNER OF SAl5'LOT 2 ` THENCF,SOUTH 89°54' 12" EAST; DISTANCE OF 5.60 THENCE::SO_ LrM OVDS'4r WEST FATt.e4Ul wxm-SAID EAST LINE -A DISTANCE E> 37256 FEET THEN.CENORtTH 89°54'12" WEST A DIS�ANM OF 5.01.1. F=TQSAID EAST;: T 1NE ANP TIM TRUE POINT OF BEGIMING. ; ALL SITUATE IN THE SOUTH HALF OF THE NORTHE,3ST'QUARTa bF S9=6N 10. TOWNSIM 23 NORTH, RANGE 5 EAST, W:' M-, K NG:�OUN STATt ORVASiENCTICK .: Lai 2 -KIMO C(jw f, r y$Vtlf' E99SO�p7 ' --. RSEMfN, 2 s� "WEDGE�a�C� PROPERTY" I ¢ _ '' RAPHIC SCALE 4 50 100 2O0 jY N89'54'12"W 1;:fNCl1'•e,FT, 5,40' FUTURE'., ICE 8TH p. 1-0 1 KING Coil N T-Y SHORT Pt,AT- Ls�saaO� SN4.74 11 EAST OUAR7ER CORNER EAST-WS? CEiNTERi SE9nok 10, TOWNSHP ii SECTION 10 N. R-AmGE SE,. w.m. a s 4�QI SS6F l� EXHIBIT 4 As NQ 041n i i '• i �� a !� �: i aisiii .SSSSEi lS i _ RI. ye(e Y'y M IWlflimiS'/!R 'NOl1i�l .a •+AS aye °u6uiM�6/� � � �yv_i �1� Sn 3nLTYtl �19Q ti NOZN3d \i� j\."Yavr� S �gmoo a Z CO f 9R N LL! o t _ N o WU- CL 2 ° � t�k3 at ��� ail fir 8 1W Printed: 0 }-08-2006 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-025 Payment Made: 03/08/2006 10:12 AM ' gR - S 0 VIECf ] Receipt Number: R0601138 Total Payment: 1,000.00 Payee: HARBOUR HOMES INC Current Payment Made to the Following items: Trans Account Code Description Amount 5012 000.345.81.00,0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description --------------- Amount ----------- Payment -------- ---------------------------- Check 19525 1,000.00 Account Balances Trans Acccunn Code Description Balance Due 3C21 203.000.00,345.85 Park Mitigation Fee 00 5006 000,345.81.00,0002 Annexation Fees .0C 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Shore. Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00,0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00,0011 Grading & Filling Fees .00 5015 000.345.61.00,0012 Lot Line Adjustment .00 3016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 rezone .00 5012 000.345.81.00.0015 Routine Vegetation Mgmt C0 5019 000,345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval 00 5021 000.345.81,00.0018 Temp Use or Fence Review .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0O24 Conditional Approval Fee .00 5036 000.345.81.00,0005 Comprehensive Plan. Amend .0c 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits -00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00