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HomeMy WebLinkAboutMiscA PORTION of the N.E. 1/4 & N.W, 1/4, SECTION 15, TOWNSHIP 23 K. RANGE 5 E., W.M. �^ I I FlD,L• ,tit F"VM Pori u . 1 K." w 1"m mcm I"WTUK, ME ro K IKM D, I + :aloes noa+anc ►,tcn I 1411 . NI s twl I d y ts, 7RiA1 + -- L �..-... 1 1 k l I 5 al*! r mi r r l I 20 25 I I II q awr +w � � � nr I re ltAr 1-I1�-•'S�-yr6'� I �� I .4-- —� �1 q 26 1 , wma ii I I I i ,, •tip c `. P4Buc smuit 3 4 �-1>i I s a _--•!n y•-I- ._ E II I {� 1 ,4iy1 i I �Wt K"l x ID s."m Imtic It i nsfA, Ify 1pt► k1 yy »n r I [>t ! IIEI,1 /ER A[L11G I � + 4 (00 -I �. E 7 I �• 1 1•. I I i t 1� v- - -y Tim +° N E 2ND GT. t. R.1 —----�=-�. y... ........ .� n .. F i r Lub °,Y 1 r Ms't 9R. i ' -y. 1- �•• ���(y�p,G_,� i ^ t ... ' .. ........ .'his f I 1 '•�91ba LY r ,j O IIOi►/ LI6: TM," FAY' 1� 7des1 RP IVl ........ .. ..... r: ` F_-_ - L ^•.IO"I-^-- - r " '..,... .. .. _ r sib&I 1w I I BR4� rp , , 'I 2 (:bt'la'aP 949M M � ...... w � :.. ........ ....... . SE 142nd Si. w RC(P) C (P) w Gb • 22 T23N R5E W V2 Gb - 22 T23N R5E E V2 ° ZONING _ F6 -- — — �+� Oft, oa800 — Reston Clts rsmiwr 15 T23N ME W 1/A co SE 145ih PI. ZN F6 o15 ME E 1/2� ZONING MAP BOOK RRSMrNTLAL 0 Reecuroe Conservation R_ 1-1 Rseldentis] 1 du/ac R-4 Residential 4 du/Ac R-8 Residential B du/ac RRH Residential Manufactured Homes R-lD Residential 10 du/ac R-YI Residential 14 du/aC RH-F Residential Multi -Family --T Residential Multi -Family Traditional RH-u Residential Multi -Family Urban Center• K FCT1 Center Village 11C-RI Urban Center - North 1 Urban Center - North 2 CO Center Downtown' CQt Commercial/Office/Residential SiG113161i1i1AL LA Commercial Arterial• CO Commercial Office- ® luduetriel - Heavy IN industrial - Medium 11 Industrial - light SPS Publicly owned - Reston City Limits _._.M Adjacent City Limits .Book Pates Boundary ED Commercial Neighborhood KROLL PAGE • May Include Overlay Districts. See Appendix PAGE# INDEX maps. For additional regulations In Overlay Districts. please see RMC 4-3. secrrrodwa+s+oe Printed by Pdnt a Mail gemon, City of Renton kP BOOK IIBD US% CEsm uter Village ban Center - North 1 ban Center - North 2 uter Downtown' mme rci sl/Office/Residential 9x5fi ijAL mmereial Arterial' mmercial Mice* mmeroisl Neighborhood FT. -I Industrial - Heavy 1Lt Industrial - Medium IL Industrial - Ught cp) Publicly owned -Renton City Limits - Adjacent City Umifd wnss Hook Pages Boundary Kltatt PAGE Overlay Districts. gee Appeadiz PAGE# INDEX ditional regulationa in Overlay ,ae see RUC 4-0. 6ECWUW iAME vices. City of Renton CORE DESIGN PRELIMINARY Core Design, inc. 14711 N.E.291h Place, Suite 707 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 www,coredesigninc. com TECHNICAL INFORMATION REPORT FOR LAURELHURST -PHASE III RENTON, WASHINGTON 4:e Prepared by: James A. Morin, P.E. Project Manager: Robert H. Stevens, P.E. Core Project No.: 02052 Date: September 2006 ENGINEERING - PLANNING - SURVEYING LAURELHURST -PHASE III TABLE OF CONTENTS I. PROJECT OVERVIEW...............................................................................2 II. OFF -SITE ANALYSIS...............................................................................3 UPSTREAM TRIBUTARY AREA..............................................................................................3 DOWNSTREAMANALYSIS...................................................................................................3 III. DETENTION FACILITY ANALYSIS / DESIGN................................................4 HYDRAULIC ANALYSIS.......................................................................................................4 EXISTING CONDITIONS......................................................................................................4 DEVELOPEDCONDITIONS...................................................................................................8 DETENTION ROUTING CALCULATIONS...............................................................................11 IV. WATER QUALITY VOLUME.....................................................................15 V. CONVEYANCE SYSTEM ANALYSIS AND DESIGN ........................................ 16 VI. SPECIAL REPORTS AND STUDIES...........................................................17 VII. OTHER PERMITS.................................................................................. 18 VIII. ESC ANALYSIS AND DESIGN..................................................................19 IX. OPERATIONS AND MAINTENANCE MANUAL .............................. .............20 I DI" III I'i,:'c I i?I I. PROJECT OVERVIEW The Laurelhurst Plat Divisions I , I1 and III are located in Section 15, Township 23 North, Rang 5 East W.M_ near the intersection of 138tn AVE, SE and SE 1321" St. in Renton, Washington. This report is in reference to Division III (See Figure I -Vicinity Map). The Division III portion of Laurelhurst is a site approximately 2.5 acres in size and is located northwest of Division I. The project proposes to construct 14 single family lots with the supporting roads, curb, gutter, sidewalk and utilities. There are also proposed frontage improvements along Bremerton Ave. The existing detention / water quality pond for the Laurelhurst Plat was originally designed and approved under the "Technical Information Report for Laurelhurst — Phase I" September 2004 and amended in "The Technical Information Report for Laurelhurst —Phase II" March 2005. Phase III, covered under this report, is referenced as area TA1 in said reports. See Figure 2- Site Plan, for the overall site plan, the existing 2.46 acre parcel is a mixture of forest and pasture with a home and outbuilding located on the property. The original pond and water quality facility was designed under the 1998 King County Surface Water Design Mannual (KCSWDM). The City of Renton requires, for this parcel, Conservation Flow Control and the Basic Water Quality Treatment for the site as specified in the 2005 King County Surface Water Design Manual. The on -site generated runoff will be conveyed to the combined detention/ water quality pond in the southwest corner of the property. All drainage discharge fronn the pond will be conveyed via pipe to Maplewood Creek as shown on the improvement plans for Laurelhurst Div 1. This report will check the impact of these proposed improvements on the detention and water quality pond already constructed for Phase I and II and h recommend improvements (if needed) to the live and dead storage or the control structure_ NEIGHBORHOOD DETAIL MAP of I" = 400'f When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAURELHURST This SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAURELHURST is made on this day of 2006, by the I.,aurelhurst Community Organization ("Organization"), which has the responsibility to administer the Covenants, Conditions and Restrictions for Laurelhurst, which is comprised of certain land situated in the State of Washington, County of King, City of Renton, whose legal description is attached hereto and incorporated herein by this reference. This Amendment amends and supplements the Declaration of Covenants, Conditions and Restrictions for Laurelhurst, filed on April 19, 2005 under King County Recording Number 20050419000481 ("the Declaration") and the Amendment to the Declaration of Covenants, Conditions and Restrictions for Laurelhurst, filed on March 22, 2006 under King County Recording Number 20060322001801. Except as specified herein, all the terms and conditions of the Declaration remain in full force and effect. This Amendment is executed by the Organization for and on behalf of the Owners consistent with the rules related to amendments in Article I 1 of the Covenants, Conditions and Restrictions for Laurelhurst. The following sections of the Declaration are hereby amended to read as follows: Section 1.14. Plats: "Plats" shall mean and refer to the approved plat of Laurelhurst Phase I recorded at Volume 227, Pages 069 to 078 under King County Recording Number 20050419000480; the Fotheringill Short Plat, recorded at Volume 194, Pages 064 to 065 under King County Recording Number 1 20051014900004; the approved plat of Laurelhurst Divsion II recorded at Volume 233, Pages 048 to 052 under King County Recording Number 20060322001800; and the approved plat of Laurelhurst Division III recorded at Volume , Pages to under King County Recording Number IN WITNESS WHEREOF, THE UNDERSIGNED HAS EXECUTED THIS AMENDMENT TO THE DECLARATION ON THE DAY AND YEAR FIRST ABOVE WRITTEN. LAURELHURST COMMUNITY ORGANIZATION By Charles Conner Title: President STATE OF WASHINGTON } } ss. COUNTY OF KING } On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles Conner, to me known to be the president and member of the Laurelhurst Community Organization, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partners and partnership, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. SIGNED AND SWORN to before me on .2006 Printed name: Notary Public in and for the State of Washington My appointment expires: 2 M When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAURELHURST This AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAURELHURST is made on this day of 2006, by the Laurelhurst Community Organization ("Organization"), which has the responsibility to administer the Covenants, Conditions and Restrictions for Laurelhurst, which is comprised of certain land situated in the State of Washington, County of King, City of Renton, whose legal description is attached hereto and incorporated herein by this reference. This Amendment amends and supplements the Declaration of Covenants, Conditions and Restrictions for Laurelhurst, filed on April 19, 2005 under King County Recording Number 20050419000481 ("the Declaration"). Except as specified herein, all the terms and conditions of the Declaration remain in full force and effect. This Amendment is executed by the Organization for and on behalf of the Owners consistent with the rules related to amendments in Article 11 of the Covenants, Conditions and Restrictions for Laurelhurst. The following sections of the Declaration are hereby amended to read as follows: Section 1.14. Plats: "Plats" shall mean and refer to the approved plat of Laurelhurst Phase I recorded at Volume 227, Pages 069 to 078 under King County Recording Number 20050419000480; the Fotheringill Short Plat, recorded at Volume 194, Pages 064 to 065 under King County Recording Number 20051014900004; and the approved plat of Laurelhurst Phase II recorded at Volume 1 , Pages to under King County Recording Number IN WITNESS WHEREOF, THE UNDERSIGNED HAS EXECUTED T141S AMENDMENT TO THE DECLARATION ON THE DAY AND YEAR FIRST ABOVE WRITTEN. LAURELHURST COMMUNITY ORGANIZATION By Charles Conner Title: President STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles Conner, to me known to be the president and member of the Laurelhurst Community Organization, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partners and partnership, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. SIGNED AND SWORN to before me on .2006 Printed name: Notary Public in and for the State of Washington My appointment expires: 2 When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR LAURELHURST THIS DECLARATION is made on this _ day of _. 20 , by CONNER HOMES COMPANY, a Washington Corporation, referred to herein as "Declarant", which is the owner of certain real property now known as "Laurelhurst" situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Laurelhurst Community Organization. The Laurelhurst Community Organization (hereafter referred to as "Organization") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Organization shall also have the right and power to promulgate rules and regulations that may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plats as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Laurelhurst for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 - DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Organization as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Organization established pursuant to the Articles and Bylaws. Page 1 of 19 Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Organization as now or hereafter amended. Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Organization, as well as any easements in favor of the Organization. Section 1.5: Committee. "Committee' is defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. "Declarant" shall mean and refer to Conner Homes Company, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Organization in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By -Laws of the Organization, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land_ Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies; mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation Page 2 of 19 ("FNLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: Native Growth Protection Area. "Native Growth Protection Area" shall mean and refer to an area in a Lot, Tract or Common Area so designated on a final plat, short plat, binding site plan, or other analogous recorded plan or map, in which the removal of trees and significant natural ground cover, as well as the conduct of other activities, is restricted. . Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of Laurelhurst Phase 1 contained therein recorded at Volume _ Pages to under King County Recording Number , the approved plat of .Laurelhurst Phase 11, whose recording information shall be added to these CC&Rs by the Declarant by amendment at such time as it is available, the approved short plat of the Fotheringill Short Plat, whose recording information shall be added by the Declarant to these CC&Rs by amendment at such time as it is available, and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ORGANIZATION - Section 2.1. Descri tion of Organization. The Organization is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Organization Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Organization under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Organization, which shall include a president who shall preside over meetings of the Board and meetings of the Organization. Section 2.3. Organization Membership. Fvery Owner shall by reason thereof be a member of the Organization as set forth in the Articles and Bylaws. Page 3 of 19 Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Organization, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Organization may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Organization and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5. I (a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8_ Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Organization. The Board may delegate such functions and duties to such committees as it deems ft, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Organization. ARTICLE 3 - ORGANIZATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof Page 4 of 19 rl covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Organization, in advance, all general and special assessments levied as provided herein. Section 3.2. Organization Budget. The Organization shall prepare, or cause the preparation of an operating budget for the Organization at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The operating budget shall set forth all sums required by the Organization, as estimated by the Organization, to meet its annual costs and expenses including, but not limited to, all management and administration costs of the Organization, operating and maintenance expenses of Common Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on the Common Areas, charges for any services furnished to the Organization, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Organization, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Organization's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Organization may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Organization. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Organization shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Organization's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof The omission by the Organization, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Organization of the operating budget during the assessment period for which such budget was prepared, the Organization shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Payment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non -Discriminatory Assessment_ No assessment shall be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Page 5of19 Section 3.6. Commencement of Assessments, Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Organization may levy a special assessment or assessments at any time, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Organization may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. if appropriate, the Organization may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Organization may set different special assessment rates for Lots if the Organization determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non -Payment of Assessment. if any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Organization, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Organization by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Organization as a corporate entity, and the Organization shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Pa meet of Assessments. Declarant hereby creates in the Organization perpetually the power to create a lien in favor of the Organization against each Lot to secure to the Organization the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Organization. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any Page 6of19 further action by the Organization, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Organization. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Nan -Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shal I otherwise be in default of the performance of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3.11. Reserves for Replacement. As a common expense, the Organization may establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Organization. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Organization, be invested in obligations of, or fully guaranteed as to principal by, the United States of America.. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature. The Organization may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Platsdedicated to and accepted by a public authority or other charitable or non-profit organization exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Organization. ARTICLE 4 - SUBORDINATION OF LIENS Section 4.1. intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Page 7of19 Section 4.2. Mortgagee's Non -Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3. Mortgagee's Ri is During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Organization to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Organization may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Organization shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Organization will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 - BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or Page S of 19 other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (1) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. Page 9 of 19 (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. (h) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (18" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible, however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be of uniform design as approved by the Committee. 0) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions, as well as in style, as provided for in the Standards as adopted by the Organization. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Platsunless it is authorized by and is in Page 10of19 compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if (1) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Organization has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Platsfor development and/or sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 - ARCHITECTURAL CONTROL Section 6.L The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Organization, Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Community Regulations adopted by the Organization The Committee may require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plats, Page 11 of 19 which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Approval or Disapproval Process, Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Organization or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request_ If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Organization_ Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 - COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Organization the Common Areas owned by Declarant, as designated in the recorded Platsincluding notes thereto. The Common Area shall be subject to an easement of common use and enjoyment in favor of the Organization and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents, The Common Area when conveyed to the Organization shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a platsor other recorded instrument. All easements for Page 12 of 14 ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3, Maintenance of Common Areas/Other Maintenance. The Organization shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined by the Board to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, storm drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Piatswhere the Board finds that such maintenance will provide a general benefit to the Organization and the Lots in the Plat. ARTICLE 8 - EASEMENTS AND OPEN SPACE Section 8.1. Construction Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of all lots and established by the recorded Plat including notes thereto. Furthermore, all lots shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner of the lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. Section 8.2. Maintenance of Common Areas. The Organization shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the Laurelhurst Community Organization. c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. Page 13 of 19 e) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures drainage components, splash pads, and any other appurtenances within storm detention tracts, and . easements in favor of the Laurelhurst Community Organization for the outfall through other parcels. ARTICLE 9 - INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Organization shall obtain and maintain at all times as an Organization expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the . _ Formatted ) standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Organization named as insured, or such other fire and casualty insurance as the Organization shall determine will give substantially equal or greater protection. 9.12. General comprehensive liability insurance insuring the Organization, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Organization as an obligee to protect against dishonest acts by the Board, Organization officers, committees, managers, and employees of any of them, and all others who are responsible for handling Organization funds, in an amount equal to three months general assessments on all lots, including reserves. 9.1.5. Jnsurance against loss of Rersonal roe of the Or anization by fre, - 1 Formatted 1 theft, and other losses with deductible provisions as the Organization deems advisable. 9.1.6. Such other insurance as the Organization deems advisable rov:ded that Fo =—.d-- notwithstanding any other provisions herein, the Organization shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Organization, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Organization shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Organization. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Organization as a trustee for the Owners, or its authorized Page 14 of 19 4. representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Organization. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Organization shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Organization notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Organization. ARTICLE 10 - ENFORCEMENT Section 10.1. Right to Fnforce. The Organization, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration_ Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Organization shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Organization. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: If the Organization determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Organization has occurred, the Organization shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. Page 15 of 19 (c) Hearing by Board: if a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become final either fourteen days after they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the terms and conditions of this Declaration regarding liens for assessments and attorneys fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11 -AMENDMENT AND REVOCATION Section 11.1. Amendment by Organization. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Organization for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Organization, and provided. however, that the obligation to maintain common areas and improvements may not be revolved without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Organization notification of amendments shall be required for any material amendment to the Declaration or the Organization's By -Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of Common Areas, responsibility for maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to terminate the legal status of the Organization after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from Laurelhurst. Additional properties may include subsequent phases of Laurelhurst, the Fotherengill short plat, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. Page 16 of 19 , Form *ARTICLE 12 - GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Organization shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non -Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attomeys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and erfect. Page 17 of 19 Section 12_8. Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Organization, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Organization designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot t, Notice to any one such Owner shall be sufficient. The address of Declarant during the Development Period and of the Organization shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Organization shall be changed, Notice shall be given to all Owners. Section 12.9. Al2plicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. Page 18 of 19 lip IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. CONNER HOMES COMPANY. STATE OF WASHINGTON } } COUNTY OF KING ) ss. On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of Conner Homes Company, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Page 19 of 19 Printed name: Notary Public in and for the State My commission expires: of Washington ( Deleted; CONSENT BY LENDER -. D, NF m m ni�a SdF u m MgR M- m Dg m,m, o6 - 6 9 9E; AN gym= fin= �„�o 0-F Y.. 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R $ 4, mFl��wa 12 w Z Z a tNOP6_ - a 8 86 " aF o � o - O Z �i ��F2a �' die N'q� • i"i';.,dN � " ��3 �J W W Z �: a���` w Z J---�J-- - 3. zAIL OM ' - ��!'I Q LL ':•, ^ i71 it •TMAfq � _ 69 G ICI 30G.6c.oaN S-f£-S. :, i .-: — _ -- _ i5 3RY RihCA � —�" �'•.. i — I j I --d I Z-7 30 LAURELHURST SHEET 4 OF 5 V DIVISION 2 Li1LNDQ A PORTON OF THE SE 1/4 OF THE NW 1/4, SEC. 15, TWID, 23 N., RGF, 5 E., W.M,. CITY OF RENTON, KING COUNTY, WASHINGTON —N uhr SE. NW'. 1/4 SEC. 15-22-5 H.E. 2ND ST 7 21, 5D Oil -62 58 swr 2b KE SE(. 5" ISO sou,c mm�f Es., Ic paF SEE 76 75 0} R 20, 21 2 NOTE gvoD 00-1 2 3 7 j 27 L-39 27 66 : - 477CI ST. " ' .1' 0 1�1`- 5721 S F 21 I Pi 21' 1�71 ` 59761 Sr g I CRY RIEN110IN la.10' REC UPUTY LWT �52324UOQ961. 100 08, SEE RES i. 6, SNT 2 Of SEE NOTE 4. T rW 70 Of 50.01 ci 01 -62 54 6 111 POF �r ULJ TRACT A 51 N �T 2 65 SEE DEDSAT6i, n 5NEET 1 14 CL 1 5 ? N , 13 5731± SF 2 la � �10 I (1�1 I D2 88 ,-,E . n �vc:�3 64 Z -.3 4q A-7 13,0- j N-E. 15T CT.821L.-7 71 eY," /L!45 -20, wA7 ACCESS16 .-6D.01 �001 S-E JTILIT� EASEM PE, SFF. SEE NOTE 25, SHT 2 Ll-51 E 40, ,DTc '1-,:E INGIE 7.W SH, 5.79 0 5 47' SHT 2."' �; !; . b-mv�o, .%" A� 15 EA SF. T F 2c� FF Rts1. � E F i 9�: 20 21. n.IUJOA SILT_ SE I�T I �jF7� C) ..60.01 • LEGEND 20 TRACT 8 10'13'W 700 16RO j F SEE uEo. nC" 6001 U91 J. STANDARD CITY OF REN70N CCNiCJ;E MONUMENT IIN CASE, PER REF. I TE SHEF1 25 SET STANCARC orr OF RENTom com� MONUMENT IN Cl� AS SHOINNE 17 5s?q.s P (47D2 2 23 SET 1/2- X 24- REEIM W/YEI-LOW FLAS71n �5317*11- 57D,.S F 2� �701� SAP STAMPED 'CORE J75W L 311 ! D29 wi 6 5� 1 S F c FOUND CORNER MONUMENT Al NOTED. 10' "-1 L'St D11 j x SIET TACK IN LEAD W/Sil-NER ON SEE NOTE R. SIA T 2 "7 11TY EASE N1 POE SEE 'C a NOTE r LLI P96PER� LINE FXTENVED 4.75 FEET IN OTEX MONT$T.CONKERS UNLESS j _r 60011 75 A4 53 uly'dr maoN s;TPEE7 Alon WEIR 4 S 11E -:4NRVA7 DRAINS EASEMENT 3'e.U, N. C-1ST CITY OP F -�K EA SEE Sl",F�l5b1FMT M07E ff 21- SEE SHEET 5 FOR CONTENUATION SCALE: 1 40' Z.LBE15.787.;.r.. F.. 425,86S."67.:1' NNJNLG - S U Z-V IS Y I IN G 2092 SHEET 6 OF 5 LAURELHURST DIVISION 2 LUA-0 Is _Fp A PORTION OF THE SE 1/4 OF THE NW 114., SEC. 15, TWP. 23 N., RGE. 5 F.. W.V., L14D-10-0440 CITY OF RENTON, KING COUNTY, 'A 4SHINGTON SEE SHEET 4 FOR CONTINUATION N.E. 1ST PL. 11881II'05-6 252.73 Ui1U-Y EASEMENT R_z 00 USE NOTE 10. AR'54-13) EASEMENT ('yp�"'- ­­! ENT 2 L �J 39 10 59 .3 27 '28 3-11""' s501.5IF ------ 29 C-2 D7 58 S F (�il DI 26 794C6±1 P s .310,44' S' �WTIOINAL EMMT REC 2009 t <WBLIG UTILI� ep L-111 79 'TRACT C Nns'16'13'w '�59- �S8 5 2(' 2j' _j 05- ± S F. :,-: —2 -7 —16.. — — - - �.2 R-25 Go SEE Droex" .9- 5 5 82 90 S.9 Hag 22 —onw IIS 4'. 120, PRIVATE ACCESS & 14 5� 3].51 L-4�93 is b H� UiEASEMENT SEE HOiE 24. SHT 2. "IST 25, As N,. PA'I N8816'13"W .11 lyn TFA EASI SEE H07 26. MIT .23,52 2 3 sg.'. 22*S II 41 .,1 3 G D2 1.12 )a 91 19 PDE SEE Sw .30.,5 NnTF 5EMENiSEF NO SH7 02 a i5051 34 35 76 0 73 _1E 1.17". 33 -76.. IT A 32 --tC VIII, 2 0 F, 23, 6 t r 2h' b68 4 3' v. RACT It 5,H, PEE CEDICA"Oh.:- SHEET 1 �: ;I I" 55 . Its 42 S.F. 1501 4.3 p mic+s F Z� 41 40 2 _'22) ISO, �S'. l� 1�' PUGET 44 Q D, 9sw 7563*S'o" z REC' u. ciLl 1�1. 8' 10 M . PEE 54 200I5030dID0029 3 S.7 J F mn!F in. 6w­ Sir. T 2 I'Dr EE - - - - - - - 1 8 gy 439'55 A 2'4n' L-56 5 Nyttf 1171UTY FAM7MEN7 LA a r L-72 F 2 "I Nag-'B"yw 7 It-11 _12,11 - •I 4g.,- 53 21111 2374 S.E:'2ND STW' -w $.95 70 H311a WE C2.D 11.69 41 L-3 'x - - - JA 5Oaf9 14: SwE 'A-2�LC9 07- 10, PDE SEEI NOTE 2.3. SHT 2 OL'1y EASEMENT SEE NOTE Ia. 4,3j 1­_ 'A . �JT 2 " -'." :' - SCALE: 1 40' 47 49 I�FCE SEE 0 1., 4t� -a, 46 MOTE 19. 9 0 20, 40 90' I, N99' I j,o'!qm1" 2g 2. 9 51'� r 4' SK 'o a 52 9 77 II-2SM co 60.01 51 1 TRACT E s. U-E 1/?. SE 1/4. 9E 05' 2C J� 2sw+ Sir ANPLATTEI SEE OIDICAlIZIN IS 5 ic. SHEET s I KIVBER LANE LEGEND "OL. 91. PG. 13 7471 pi. S.% lei STANDARD ov _01111H ICN-1 .'RETE 0 FOUND CORNER MONUMENT AS NOTED. PA MVA NE DRANAX EASEMENT 98ow MOH..E.1 . CASE. PER REF. 1. . � Tc.t N um -v5w S� (3� OF 9"T" 91 EASGAMT A27�i(15_7677,4.425.1185.7963 - 5ET STANDARD CITY OF RENTON ON MOVER FINE EXTENDED 4.n FEET SEE SII EASEMENT NOW ON CdJCRETE MONUMENT IN "SE AS IN SHT. 2 SHOW. NOTED � FRONT �T CORNERS JAI�SS 07KIRMSE. 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F F_nN UNP n".2 o o r �fEo`�5 PH t F 2 .� HiS��aF�iRy�Fe ;:i< X� +W.��� — - �.:. 5-fZ-q1, •'�3$ 4! � -MW 'ti - __ �1; i .,.-: S�£I 3.62.L£OOG _ yjYrvo +a, E a-H 3 y YOM lZ R 'gy1 fix, •iprMp 69 G1£I 3.OG.6i.CaN S-C2 :� '.i> r w. '- - J3N 233 os-( SHEET 4 LAURELHURST SLUA- 5-1OF 5 35-FP DIVISION 2 Llfl) Lo-o"n A PORTION OF THE SE 1/4 OF THE NW 114, SEC. 15, TWP. 23 N, RGE. 5 E­ W.M., CITY OF RENTON, KING COUNTY, WASHINGTON UNPLATTLE) J f 7 NZ 2ND sT. 2ff 5 62.5n 76.23 's C7 NOTE. . :. 21M �OtY Es.T 10' FMF SEE 25' 2 S�T 2 27 Va ;Msomt­?�l MOTE 2. -39 27 .19 2:i3 �4 3s" 5 6 5905L sr. L fib -60, 21' S-f, -.:7'57311, S F 59,6± S 6 SF q29. F p NO 10, QTF �71 3"fi RENT- 071, ... 7 Nea I I 2COM324MOW, ........ ... Im 0 HEST,5. SIM 1 10,10 Pal -1000 SEC -TO-1 —54.— Nas'le rw 7L., 2 15,16 13 w 6D In P� SFF w "c; ol NOTE 27. A 65 ""i SF,,' 2� �T 2 �735. Sr. SEE DEM.11U,I blm± $.F f w 14 13 as,;flrw 10 57 14 � 3 . . " ::: 8 , I S F '31C S . : N I -6,8� I., a 7� :56lut 51�; (477 &6) I Da yi I ^J64 -73 51 11 3 N.E. 1ST CT. b; 74 70 PRIVATE ACCEIS -A Ol 6D.0, AND UnLIT' EAS17MENT 45."IC PDE SEE:' SEE NOTE 25, 5H7 2 NCIF 21 L-$51 POE SEE ro'0'1- 107PIE 71, 'Olt �ILB,5 25M 0 794' &-Wos"7- v 971 SF. L-39 75 65612 -- 6. TRACT F S.F. 7a su H"; 1. Wr, .,N n �. sr 917 21' 2 25 n:6�Ss 2 D 21' M OEDIC TON C 5675.tS SMELT I 53 �65, E523�Sl lu .24 -jz 262.42 ICI a 60In, LEGEND yu.01 -_TRACT B V8,10"3 W, Nas,1513"w Goo, STANCARD OTT OF RENTON CONCRETE '650 S MONUMENT N CASE, rEn REr. I. DESI ATIM SFTS.LLI 1 25 SET STAND OTY OF RENTON OOMCFtfn IN C� AS �O*Nr MONUMENT IN 17 557;�s r SET 1/2- X 24- MAR W!�ELILOW PLASTIC O IV 4 2 1 4 2 3 2AIIII g 2, C� STAMPED CORE 37W5 L ........... &55% 730 NOTE. 0 FOUND CORNER MCflM4ZNr AS F, 25 .72 10,0' EVE - 6) 37555- ON 10 �U­ USE M TAD( IN LEAD W/SHIMZR - "SEE -OIL 9. ln' POE SEE 11111TY LINE EXTENDED 475 FEET IN LIL SH( 2 1 01,1. 9, u OF Tl 24gI CIT 71-71 OFED OM.CORNERS UNLESS I Pd uG' a1y,6; RENTON sTRrr7 Am�mF ORAN�� L!,�EMFMT 4' !• " " Mae" 7 3•N SE CITY or RFMTOi'SMALM E.WJ�T N.E.1 �'T �L SEE SIWALK..EkSCIAENT NOW W SHT.. pucET SW-D21 , £NERGr E5.T DEC. 200�0�zql SEE SHEET 5 FOR CONTINUATION onLL 14 °ns SCALE. 1 40 DESfQ-- E N CG; I ER I N S URJYE YING J Q E3"'N,O- CP :2 0 AS;2 in - �';: Z LLLn c =•.;. 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I � Sei 3.Ls,fb.�PN tF fL r- -,;' ':..2 ¢ '''�br ..'.''ti•' ' `yoza p a a�M W..H M1 n yo $S I .� ll 1pa w I Ey. T' t r1 I p - F a La 20 �:.M1. i I _4y i I uj Z 3 3-CO.BL,(Uh':::. 06S - o f X�i � � * !c � j� �x� �,.1 , ��-�+.�� a �M1 �I�Y'ks'$:\� or •���� �� � �� � �� vs aosb U31.W w n: ¢� Ill 'B �.{ob •Y `a ran .�." , ¢z x' x , n'� In e rl ,w I 8aa -�. elb +� � f['6B i.06.9i N .' )� A / w�_ y I `�W '�a •s ��! j CC 9L'CI a 02 3[IC RCACN 9J'ORLAON - _- WDI m IZ'896 L�CZ-9f-'jam E/I MN 'Y/I '?5 'Z;•. 3ni'.M �, _ r., 4R:.'3nv TIVAnG 'TS '36a llvAna o„r if II a } ���i■� � � 5a r,i r �1.. a... I is R WA A71 V71 � 1 ii7Sb7617 �04 ,-Ems 7 1 Mail o ok UL rF 7 1" W-w I' Ix �1 CAL• q 183NKLnOO 5Ee. 15, TwP. S 5 q 6 55 � � P t $II SCALE: I' = IQd' a sa i o aao i `f J M211DW I FIGURE 2 65iE]si7 ! NE 291h PMc., 7f70! e.q.wti w peoav asax�n > us ses �969 RESIGN ENGINEERING • PLANNING • SURVEYING l TE F=>L":nh. N LACJFRELHUFRST L--)IV ll/ DATE SEPT, 2006 SHEET OF DESIGNED JAM 2 4 DRAWN JAM PROJECT NUMBER 02M II. OFF -SITE ANALYSIS UPSTREAM TRIBUTARY AREA There is no area upstream and tributary to this site. DOWNSTREAM ANALYSIS See the downstream analysis in the Division I Technical Information report for a complete description of the downstream path from the existing detention pond. The Division III parcel has a high spot in the south east region but overall the property flows south and east into Division I of Laurelhurts. The existing ditch and pipe system along Bremerton Ave NE will be tightlined into the Div I conveyance system and then conveyed to the pond. See Figure 3 —Existing Site Hydrology. I , tirt lhu�4;l I�i� III P;..; M-11 ILL n GL 9 U all Us EL = ILL SEC. I a 7-wp ZyN, HU& 4t I w m y Tsv 111-1, FIGURE3 4=88MM7 Sax 42-9".1.7%3 DESIGN ENGINEERING PLANNING SURVEYING -EXISTING SITE HYDROLOGY LAURiELI-IURST PHASAF DATE SEPT, 2004 SHEET OF DESIGNED bW 3 4 DRAWN JAM PROJECT NUMBER 020M III. DETENTION FACILITY ANALYSIS 1 DESIGN HYDRAULIC ANALYSIS The drainage analysis was modeled using the King County Runoff Time Series (KCRTS) software version 4.2. The site soils are Alderwood (AgC), KCRTS group, Till. The site is located in Sea-Tac rainfall region with a sale factor of 1.0. EXISTING CONDITIONS The Laurelhurst Division III property is to be modeled as forested as required by "Historic Conditions" definition Chapter 1, page 1-3 2005 K.C.S.W.D.M. This requirement is different than the original modeling required with the older KCSWDM standard. In the original model the area was modeled as a mix of impervious, forested and pasture landcovers. To account for this difference the existing landcover for the predeveloped condition was revised using only forested for area TAL See Figure 4 for a detailed tabulation of the measured areas used to produce the predevloped timeseries. This information was used to produce the Predeveloped Runoff Timeseries (called PREDEV.tsf). StG:.ZS, I wm za/v, RGE 5E., W.M. AREATABULATIANS PREDEVELOPED AREA Imperv. Forested Pasture Total TA1 0.00 2.46 0.00 2.46 total: 3.13 14.10 13.59 30.82 DEVELOPED AREA Imperv. Forested Grass Total TA 1.77 0.00 0.69 2.46 TA3 0.36 0.00 0.20 0.56 total: 21.60 0.23 14.49 36.32 FIGURE 4 O i,W.Ih Ph. 8 07 CaE BaBewrc, Worhtng�are 98P07 425.885.7877 fvx 42MSBS7963 DESIGN ENGINEERING • PLANNING • SURVEYING S/ TE L A IV O C Q VEF? LA URELHURS T PHASE 111 SCALE: 1' = 200' ° '°° 200 4M DATE SEPT, 2006 SHEET QF DESIGNED JAM 4 4 DRAWN JAM PROJECT NUMBER 02052 AREA TABULATIONS- Predeveloped revised TRIBUTARY AREAS Area / Ground Cover Area ac AREA T1 Till -forest (per KCSWDM 2005) 2.46 Till -pasture 0.00 Impervious Area 0.00 Subtotal: 2.46 AREA T2 Till -forest 0.23 Till -pasture 1.35 Impervious Area (measured) 0.52 Subtotal: 2.10 AREA T3 Till -forest 0.10 Till -pasture 0.26 Impervious Area (measured) 0.20 Subtotal: 0.56 Tributary Area Totals Till -forest 1.03 Till -pasture 2.99 Impervious Area (measured) 1.10 FRONT (Frontage) Area ac Till -forest 0.25 Till -pasture 0.35 Impervious Area (measured) 0.50 Total: 1.10 ONSITE Phase I + 11 Area ac Till -forest 11.06 Till -pasture 11.63 Impervious Area (measured) 1.91 Total: 24.60 PREDEVELOPED CONDITIONS (Complete Summa of Areas Total area = 30.82 ac Ground Cover Area (ac) Till -forest 14.10 Till- asture 13.59 Impervious Area (measured) 3.13 See the KCRTS calculations in the Appendix for the detail PREDEVELOPED TIMESERIES (revised Flaw Frequency Analysis Time Series File:PREDEV.tsf Project Location:Sea-Tac ---Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 2.37 2 2/09/01 15:00 1.26 7 1/05/02 16:00 2.32 3 2/28/03 3:00 0.841 8 8/26/04 2:00 1.37 6 1/05/05 8:00 2.25 4 1/18/06 16:00 2.09 5 11/24/06 4:00 4.13 1 1/09/08 6:00 Computed Peaks -----Flow Frequency Analysis ------- - - Peaks - - Rank Return Prob (CFS) Period 4.13 1 100.00 0.990 2.37 2 25.00 0.960 2.32 3 10.00 0.900 2.25 4 5.00 0.800 2.09 5 3.00 0.667 1.37* 6 2.00 0.500 1.26 7 1.30 0.231 0.841 8 1.10 0.091 3.54 50.00 0.980 *Allowable release rate = 1/2 x (1..37) c£s = 0.68 cfs L�nirt•lli��r,t I)i� IIl P<<��c �7 ��f'�'' EAST BASIN TIMESERIES FREIIEVELOPED CONDITIONS �� t $ Total area = 5.50 ac Ground Cover Area (ac) Till -forest 0.50 Till -pasture 4.75 Impervious Area (measured) 0.25 Flow Frequency Analysis Time Series File:EASTBASIN.tsf Project Location:Sea-Tac ---Annual Peak Flow Rates----- --Flow Frequency Analysis------- FlowRate Rank Time of Peak - - Peaks - - Rank Return (CFS) (CF5) Period 0.405 2 2/09/01 15:00 0.728 1 100.00 0.186 7 1/05/02 16:00 0.405 2 25.00 0.392 3 2/28/03 3:00 0.392 3 10.00 0.083 8 8/26/04 2:00 0.372 4 5.00 0.223 6 1/05/05 8:00 0.354 5 3.00 0.372 4 1/18/06 16:00 0.223 6 2.00 0.354 5 11/24/06 4:00 0.186 7 1.30 0.728 1 1/09/08 6:D0 0.083 8 1.10 Computed Peaks 0.620 0.980 7 Prob 0.990 0.960 0.900 0.800 0.667 0.500 0.231 0.091 50.00 DEVELOPED CONDITIONS The developed site will consist of 14 lots. The impervious area for the plat was determined by measuring the right of way area which is 100% impervious and adding 4,000 SF per lot. Phase III (Area TAI): measured r/w = 0.48 Ac Impervious area = [ 14 x 4000]/43560 + 0.48 = 1.77 Ac Grass area — 2.46 — 1.77 — 0.68 Ac Area TA3: Area TA3 is a parcel east of the existing pound on the south end of Laurelhurst Div 1. This are was unimproved during the original pond design but now has a 4 lot design. The developed areas modeled for the pond with Div III will be revised to reflect the development of the parcel. The areas modeled are: Impervious Area = 4 lots at 4000 SF / lot = 0.36 Ac Grass = 0.56 — 0.36 =0.20 Ac Below is a summary of the areas, see Figure 4 for a detailed tabulation of the measured areas. Note that the 5.50 area on the east side of Phase IT is included in the developed timeseries. This information was used to produce the Predeveloped Runoff Timeseries (DEV) in the KCRTS program. The entire east basin (5.50 ac) will be directed to the west basin in the developed state. The difference between the predeveloped area (30.82) and the developed area (36.32 ) is the 5.50 acres. I aurcl}uir l hip III 1"w-(- �' M"" AREA TABULATIONS (revised) TRIBUTARY AREAS Area / Ground Cover Area (ac) AREA TAI Till -forest 0.00 Till -grass 0.69 Ir ervious Area 1.77 Subtotal: 2.46 AREA TA2 Till -forest 0.23 Till -grass 1.35 Impervious Area 0.52 Subtotal: 2.10 AREA TA3 Till -forest 0.00 Till -grass 0.20 Impervious Area 0.36 Subtotal: 0.56 Tributary Area Totals Till -forest 1.03 Till -grass 2.99 Impervious Area 1.10 FRONT (Frontage) Area (ac) Till -forest 0.0 Till -grass 0.20 Im ervious Area 090 Total: 1.10 ONSITE Phase I + 11) Area ac Till -forest 0.0 Till -grass 12,05 Impervious Area 18.05 Total: 30.10 DEVELOPED CONDITIONS (Complete Summary of Areas) Total area = 36.32 ac Ground Cover Area (ac) Till -forest 0.23 Till -grass 14.49 Impervious Area 21.60 See the KCRTS calculation', In the Appendix for the detail I ,iurcll l I)i� ifI I',.,4:c t,( " DEVELOPED TIMESERIES Flow Frequency Analysis Time Series File:dev.tsf Project Location:Sea-Tac ---Annual Peak Flaw Rates--- ---Flow Frequency Analysis------- FlowRate Rank Time of Peak - Peaks - - Rank Return Prob (CFS) (CFS) Period 6.54 6 2/09/01 2:00 13.29 1 100.00 0.990 5.28 8 1/05/02 16:00 8.22 2 25.00 0.960 7.87 3 2/27/03 7:00 7.87 3 10.00 0.900 5.65 7 8/26/04 2:00 6.94 4 5.00 0.800 6.82 5 10/28/04 16:00 6.82 5 3.00 0.667 6.94 4 1/18/06 16:00 6.54 6 2.00 0.500 8.22 2 10/26/06 0 : 0 0 5.65 7 1.30 0.231 13.29 1 1/09/08 6:00 5.28 8 1.10 0.091 Computed Peaks 11.60 50.00 0.980 L. ;uircllir r ,l 1)1� I I I PI 'c' I rr M ,, DETENTION ROUTING CALCULATIONS The City of Renton requires the Conservation Flow Control standard for Division III that requires the proposed pond outfall to match or not exceed the 2-year and 10-year predeveloped release rates. The pond is also required not to exceed frequency and duration for % the 2-year up to the 50-year storm events. Using the appropriate release rates the developed timeseries was modeled in a pond that closely approximates the existing pond as constructed for Division I and II. The existing pond modeled in KCRTS was modeled based on as -built information collected about the pond_ This included actual orifice and outfall elevations along with the measured volumes for live and dead storage. The actual live storage volume provided in the pond is 408,298 cubic feet and the dead storage volume is 119,590 cubic feet. The tabulation for the asbuilt volume available in the pond is included in the appendix of this report. The following calculations confirm that the pond, as constructed and without modifications, is adequate to maintain release rate, frequency -duration and water quality with the proposed Division III improvements. Actual As -constructed pond Model The existing pond was modeled from actual, measured dimensions. This included the actual elevations of the Live/Dead interface, the elevation of the orifice, the riser top and the volume available within the pond itself. This information was used to produce the following pond parameters for modeling: Retention/Detention Facility Type of Facility: Detention Pond Side Slope: 2.00 14:1V Pond Bottom Length: 234.00 ft Pond Bottom Width: 100.00 ft Pond Bottom Area: 23400. sq. ft* Top Area at 1 ft. FB: 431.22_ sq. ft 0.990 acres E££e tive Stora e De th �1 Qn -F** c g p Stage 0 Elevation: Storage Volume: Riser Head: Riser Diameter: Number of orifices: orifice # Height (ft) 1 0.00 2 8.46* 364.90 tt* 3778D5. cu. ft 8.675 ac-ft 11.15 ft* 24.00 inches 2 Full Head Diameter Discharge (in) (CFS) 3.06 0.849 6.00 1.601 Top Notch Weir: None Outflow Rating Curve: None Pipe Diameter (in) 8.0 The developed timeseries (Dev.tsO previously described was combined with the pond detailed above to deterrnine the resulting pond outfall timeseries (rdout.tsf). This timeseries was compared against the predeveloped timeseries to check for both release rate and frequency -duration to check the ponds compliance with the KCSWDM 2005 performance standard. L iurcllitir�t F)k III f'.i L I ', sal 'W' Pond Outfall Timeseries, release rate Check Flow Frequency Analysis Time Series File:rdout.tsf Project Location:5ea-Tac ---Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 2.39 2 2/09/01 20:00 0.614 7 12/29/01 10:00 1.80 4 0.546 8 0.679 6 1.44 5 1.97 3 8.03 1 Computed Peaks 3/06/03 22:00 8/26/04 7:00 1/05/05 17:00 1/18/06 23:00 11/24/06 8:00 1/09/08 10:00 -----Flow Frequency Analysis------- - - Peaks - - Rank Return Prob (CFS) (ft) Period 8.03 11.58 1 100.00 0.990 2.39 10.99 2 25.00 0.960 1.97* 9.91 3 10.00 0.9004 1.80 9.55 4 5.00 0.800 1.44 8.95 5 3.00 0.667 0.679** 7.12 6 2.00 0.500� 0.614 5.84 7 1.30 0.231 0.546 4.60 8 1.10 0.091 6.15 11.47 50.00 0.980 * release rate at or below Predeveloped release rate4 ** release rate at or below 'l2 the Predeveloped rate4 Comparing Predeveloped with Pored Outfall, Frequency and Duration Check Duration Comparison Anaylsis Base File: predev.tsf New File: rdout.Csf Cutoff Units: Discharge in CFS -----Fraction of Time, - --------Check of Tolerance ------- CutoffBase New 95Change Probability Base New %Change 0.684 0.68E-02 0.60E-02 -12.4 0.68E-02 0.684 0.673 _f -1.7 V 0.739 0.59E-02 0.29E-02 -51.2 0.59E-02 0.739 0.687 -7.0 0.793 4.52E-02 0.24E-02 -53.9 0.52E-02 0.793 0.701 -11.6 0.847 0.47E-02 0.22E-02 -53.1 0.47E-02 0.847 0.710 -16.1 0.901 I 0.42E-02 0.20E-02 -52.5 0.42E-02 0.901 0.720 -20.1 0.955 0.37E-02 0.18E-02 -51.1 0.37E-02 0.955 0.726 -24.0 1.01 0.31E-02 0.16E-02 -48.2 0.31E-02 1.01 0.733 -27.4 1.06 0.28E-02 0.16E-C2 -41.4 0.28E-02 1.06 0.742 -30.3 1.12 0.25E-02 0.16E-02 -36.2 0.25E-02 1.12 0.776 -30.6 1.17 0.20E-02 0.15E-02 -22.8 0.20E-02 1.17 0.891 -24.0 1.23 0.17E-02 0.15E-02 -10.5 0.17E-02 1.23 0.979 -20.2 1.28 0.15E-02 0.15E-02 0.0 0.15E-02 1.28 1.28 0.0 1.33 0.14E-02 0.15E-02 7.2 0.14E-02 1.33 1.37 2.9 1.39 0.12E-02 0.13E-02 12.3 0.12E-02 1.39 1.45 4.1 1.44 I 0.11E-02 0.12E-02 5.8 0.11E-02 1.44 1.49 3.1 1.50 0.98E-03 0.11E-02 11" 0.98E-03 1.50 1.58 5.7 1.55 0,86E-03 0.99E-03 15.1 0.86E-03 1.55 1.64 5.7 1.61 I 0.77E-03 0.91E-03 19.1 0.77E-03 1.61 1.70 5.7 1.66 0.68E-03 0.83E-03 27-_4 0.68E-03 1.66 1.74 4.9 1.71 0.62E-03 0.73E-03 "8.4 J 0.62E-03 1.71 1.78 3.6 1.77 0.55E-03 0.62E-03 11.8 0.55E-03 1.77 1.79 1.0 1.82 0.49E-C3 0.47E-03 13.3 0.49E-03 1.82 1.81 -0.6 1.88 0.41E-03 0.42E-03 4.0 0.41E-03 1.88 1.90 1.3 1.93 0.31E-03 0.34E-03 10.5 0.31E-03 1.93 1.97 1.9 1.99 0.2BE-03 0.28E-03 0.0 0.28E-03 1.99 1.99 0.3 2.04 0.21E-03 0.24E-03 15.4 0.21E-03 2.04 2.11 3.6 2.09 0.16E-03 0.23E-03 40.0 0.16E-03 2.09 2.21 5.7 2.15 0.98E-04 0.20E-03 100.0 0.98E-04 2.15 2.31 7.6 2.20 0.98E-04 0.18E-03 83.3 0.98E--04 2.20 2.31 4.9 2.26 0.82E-04 0.13E-03 60.0 0.82E-04 2.26 2.33 3.2 2.31 0.65E-04 0.98E-04 50.0 0.65E-04 2.31 2.36 2.1 2.36 0.16E-04 0.49E-04 20C.0 ! 0.16E-04 2.36 2.39 1.1 Maximum positive excursion = 0.173 cfs ( 8.296)4< 10% occurring at 2.12 cfs on the Base Data:predev.tsf and at 2.29 cfs on the New Datarrdout.tsf Maximum negative excursion = 0.340 cfs ( occurring at 1.11 cfs on the Base Data:predev.tsf and at 0.767 cfs on the New Data:raout.tsf Therefore, the pond as modeled is adequate. The volume summary is: Live Storage: 377,895 cf required 408,298 of provided (as constructed) I ;�111 ihilr•,I i);� III P;1 'c 1 -1 r,f-' IV. WATER QUALITY VOLUME The water quality volume (dead storage) was determined using the procedure outlined in the King County Surface Water Design Manual Page 6-68. In this procedure a volume is determined using the areas of Impervious, Forest and Grass land -covers in the developed basin. The volume (Vr) is then multiplied by a factor (3 in this case) to determine the total minimum volume required. The land -covers, as determined in the pond sizing calculations, are repeated in the following table: The calculation for minimum required dead storage volume is: The basic water quality menu (CSWDM —both 1998 and 2005): Vr = 0.90*Ai + 0.25*Ag + 0.10Atf X R/12 Vr = [0.90*(21.60*43560) + 0.25*(14,49*43560) + 0.10(0.23*43560)] x R/12 Vr � (846,806 + 159,974 + 1002) x 0.47 / 12 Vr = 39,471 Vb=3xVr Vb — 3 * 39,471 Vb=118,415cf Dead Storage: 118,415 cf required 119,590 cf provided (as constructed) V. CONVEYANCE SYSTEM ANALYSIS AND DESIGN The storm drainage conveyance will be sited at final design. VI. SPECIAL REPORTS AND STUDIES Technical Information Report for Laurelhurst — Division I ,Core Design Inc, Sept. 2004 Technical Information Report for Laurelhurst — Division II ,Core Design Inc, March 2005 VII. OTHER PERMITS No special permits anticipated at this time. I..� ire lliur>t D)% HI II,I (:: I �' 1)1. VIII. ESC ANALYSIS AND DESIGN Total area = 2.46 Ac Therefore a sediment trap will be used The King County E.S.C. manual page D-45: SA — 2 x Q2 / 0.00096 Q2=0.5cfs** SA — 2(0.5)l0.00096 SA= 1,050 SF of Sediment Trap ** **Actual final dimension to be determined at final plan submittal, these numbers are an estimate 1.,un'clliur�,l [lip IX. OPERATIONS AND MAINTENANCE MANUAL The detention / water quality pond, along with all the conveyance pipe and structures are all public so the Operations and Maintenance Manuals are not required. L_ iurelhur�t I)it lli P��� 'ii I.,, APPENDIX klitivIllur41 AS CONSTRUCTED LIVE / DEAD VOLUME, CALCULATIONS 02052 I.AURI=C.HURST TOTAL LIVE ELEVATION INCREMENTAL LEVA ION INCREMENTAL VOLUME VOLUME VOLUME VOLUME SF CF SF CF CF CF 356.0 28 1,259 357.5 1,76$ «ti: 357A 1,770 1,259 0 1,952 1,131 359.0 6,040E24,564 358.0 2,000 4,342 0 ` ,'# 5,154 360.0 11,275360.0 3,154 26,811 0 E'f 7,675 362.00 13,289:'Fs4ir362.O0 4,521 59,050 0 9,265 363,8 15,072 363,8 5,773 _. 93,839 0 3638 21,252 93,839 0 4,329 364.0 22,040 "-:;`<`<_; w,„ d- 98,168 0 47,604 Dead Storage 145,772 26,192 54,712 IN 200,484 80,894 62,058 262,542 142,952 69,709 372.0 36,799 332,251 212,661 77,571 374.0 40,772 409,822 29D,232 85,546 376.0 44,774 495,368 375,77$ 78,977 408,298 Live Storage 377.7 48,140 `bNb NOW- , GS Cft15k"AC- Retention/Detention Facility * = values measured from constructed pond and control structure Type of Facility: Detention Pond Side Slope: 2.00 E:1V Pond Bottom Length: 234.00 ft Pond Bottom Width: 100.00 ft Pond Bottom Area: 23400_ sq_ ft* Top Area at 1 ft. FB: 43122. sq. ft 0.990 acres Effective Storage Depth: 11.80 ft* Stage 0 Elevation: 364.90 ft* Storage Volume: 377895. cu. ft 8.675 ac-ft Riser Head: 11.15 ft* Riser Diameter: 24.00 inches Number of orifices: 2 Full Head Pipe Orifice # Height Diameter Discharge Diameter (ft) (in) (CFS) (in) 1 0.00 3.06 0.849 2 8.46* 6.00 1.601 8.0 Top Notch Weir: None Outflow Rating Curve: None Stage Elevation Storage Discharge Percolation Surf Area (ft) (ft) (cu. ft) (ac-ft) (cfs) (cfs) (sq. ft) 0.00 364.90 15494, 0.356 0.000 0.00 24275. 0.03 364.93 16223. 0.372 0.045 0.00 24316. 0.06 364.96 16953. 0.389 0.064 0.00 24357. 0.10 365.00 17928. 0.412 0.079 0.00 24411. 0.13 365.03 18661. 0.428 0.091 0.00 24452. 0.16 365.06 19395. 0.445 0.102 0.00 24493. 0.19 365.09 20131. 0.462 0.111 0.00 24534. 0.22 365.12 20867. 0.479 0.120 0.00 24574. 0.26 365.16 21851. 0.502 0.129 0.00 24629. 0.44 365.34 26307, 0.604 0.170 0.00 24875. 0.63 365.53 31058. 0.713 0.202 0.00 25136. 0.82 365.72 35858. 0.823 0.231 0.00 25398. 1.01 365.91 40709. 0.935 0.256 0.00 25662. 1.20 366.10 45610_ 1.047 0.279 0.00 25926, 1.39 366.29 50561. 1.161 0.300 0.00 26192. 1.58 366.48 55563, 1.276 0.320 0.00 26459. 1.77 366.67 60616, 1.392 0.338 0.00 26727. 1.96 366.86 65719. 1.509 0.356 0.00 26996. 2.15 367.05 70874. 1.627 0.373 0.00 27266. 2.33 367.23 75805. 1.740 0.389 0.00 27523. 2.52 367.42 81061. 1.861 0.404 0.00 27796. 2.71 367.61 86368. 1.983 0.419 0.00 28070. 2.90 367.80 91727. 2.106 0.433 0.00 28344. 3-09 367.99 97139. 2.230 0.447 0.00 28620. 3.28 368.12 1026033. 2.355 0.461 0.00 28898. 3.47 368.37 108120. 2.482 0.474 0.00 29176. Kcarmc- Qnduh \�,Or 3.66 368.56 113690. 2.610 0.486 0.00 29455. 3.85 368.75 119313. 2.739 0.499 0.00 29736. 4.03 368.93 124690. 2.862 0.511 0.00 30003. 4.22 369.12 130417- 2.994 0.523 0.00 30286. 4.41 369.31 136198. 3.127 0.534 0.00 30570. 4.60 369.50 142034- 3.261 0.546 0.00 30855. 4.79 369.69 147923. 3.396 0.557 0.00 31141. 4.98 369.88 153867. 3.532 0.568 0.00 31429. 5.17 370.07 159866. 3.670 0.578 0.00 31717. 5.36 370.26 165920- 3.809 0.589 0.00 32007. 5.55 370.45 172029. 3.949 0.599 0.00 32298. 5.74 370.64 178193. 4.091 0.609 0.00 32590. 5.92 370.82 184085. 4.226 0.619 0.00 32868. 6.11 371.01 190358. 4-370 0.629 0.00 33163. 6.30 371.20 196687. 4-515 0.639 0.00 33458. 6.49 371.39 203072. 4.662 0.648 0.00 33755. 6.68 371.58 209513. 4.810 0.658 0.00 34053. 6.87 371.77 216012. 4.959 0.667 0.00 34352. 7.06 371.96 222567. 5.109 0.676 0.00 34652. 7.25 372.15 229179- 5.261 0.685 0.00 34953. 7.44 372.34 235849. 5.414 0.694 0.00 35255. 7.63 372.53 242577. 5.569 0.703 0.00 35559. 7.81 372.71 249003, 5.716 0.711 0.00 35848. 8.00 372.90 255843. 5.873 0.720 0.00 36154. 8.19 373.09 262742- 6.032 0.728 0.00 36461. 8.38 373.28 269698. 6.191 0.736 0.00 36769. 8.46 373.36 272645. 6.259 0.740 0.06 36899. 8.52 373.42 274862. 6.310 0.753 0.00 36997. 8.59 373.49 277456. 6.370 0-788 0.00 37111. 8.65 373.55 279685. 6.421 0.841 0.00 37209. 8.71 373.61 281921- 6.472 0.913 0.00 37307. 8.77 373.67 284162_ 6.523 1.000 0.00 37405. 8.84 373.74 286784. 6.584 1.350 0.00 37520. 8.90 373.80 289039. 6.635 1.400 0.00 37618. 8.96 373.86 291299. 6.687 1.450 0.00 37717. 9.15 374.05 298494, 6-852 1.580 0.00 38029, 9.34 374.24 305750. 7.019 1.690 0.00 38343. 9.53 374.43 313065. 7.187 1.790 0.00 38659. 9.72 374.62 320440. 7.356 1.890 0-00 38975. 9.90 374.80 327483. 7.518 1.970 0.00 39276. 10.09 374.99 334975- 7.690 2.060 0.00 39594. 10.28 375.18 342529. 7.863 2.130 0.00 39914. 10.47 375.37 350143. 8.038 2.210 0-00 40235. 10.66 375.56 357818- 8.214 2.280 0.00 40557. 10.85 375.75 365554. 8.392 2.350 0.00 40880. 11.04 375.94 373352. 8.571 2.410 0.00 41204. 11.15 376.05 377895. 8.675 2-450 0.00 41393. 11.25 376.15 382043. 8.771 3-100 0.00 41564. 11.35 376.25 386208. 8.266 4.260 0.00 41736. 11.45 376.35 390390. 9.962 5.750 0.00 41908, 11.55 376.45 394590. 9.059 7.510 0.00 42081. 11.65 376-55 398806. 9.155 9.500 0.00 42253. 11.75 376.65 403040. 9.253 11.700 0.00 42427. 11.85 376.75 407292. 9.350 14.080 0.00 42600. 11.95 376.85 41156C- 9.448 16.230 0.00 42774, 12.05 376-95 415846. 9.547 17.080 0.00 42948. 1.2.75 377.05 42C15C. 9.645 17.89C 0.00 43122. t/4j 12.25 377.15 424471_ 9.745 18.660 0.00 43297. 12.35 377.25 428809_ 9.844 19.390 0.00 43472. 12.45 377.35 433165_ 9.944 20.100 0.00 43647. 12.55 377.45 437539_ 10.045 20.780 0.00 43823. 12.65 377.55 441930_ 10.145 21.430 O.DO 43999. 12.75 377.65 446339_ 10.247 22.070 0.00 44175. 12.85 377.75 450765_ 10.348 22.680 0.00 44352. 12.95 377.85 455209_ 10.450 23.280 0.00 44529. 13.05 377.95 459671. 10.553 23.860 0.00 44706. Hyd Inflow Outflow Peak Storage Target Calc Stage Elev (Cu-Ft) (Ac-Ft) 1 13.29 ******* 8.03 11.58 376.48 395686, 9.084 2 6.54 ******* 2.39 10.99 375.89 371310. 8.524 3 6.57 2.32 1.97 9.91 374.81 327798. 7.525 4 7.87 ******* 1.80 9.55 374.45 313762. 7.203 5 6.94 ******* 1.44 8.95 373.85 290989. 6.680 6 4.10 0.69 0.68 7.12 372.02 224771. 5.160 7 5.28 ******* 0.61 5.83 370.73 180993. 4.155 8 5.65 ******* 0.53 4.39 369.29 135561, 3.112 ----------------------------------- Route Time Series through Facility Inflow Time Series File:dev.tsf Outflow Time Series File:rdout Inflow/Outflow Analysis Peak Inflow Discharge: Peak Outflow Discharge: Peak Reservoir Stage: Peak Reservoir Elev: Peak Reservoir Storage: 13.29 CFS at 6:00 on Jan 9 in Year 8 8.03 CFS at 10:00 on Jan 9 in Year 8 11.58 Ft 376.48 Ft 395686. Cu-Ft 9.084 AC --Ft Flow Frequency Analysis Time Series File:rdout.tsf Project Location:Sea-Tac ---Annual Peak Flow Rates --- Flow Rate Rank Time of Peak (CFS) 2.39 2 2/09/01 20:00 0.614 7 12/29/01 10:00 1.80 4 3/06/03 22:00 0.546 8 8/26/04 7:00 0.679 6 1/05/05 17:00 1.44 5 1/18/06 23:00 1.97 3 11/24/06 8:00 8.03 1 1/09/08 10:00 Computed Peaks Flow Frequency Analysis------- - - Peaks - - Rank Return Prob (CFS) (ft) Period 8.03 11.58 1 100.00 0.990 2.39 10.99 2 25.00 0.960 1.97 9.91 3 10.00 0.900 1.20 9.55 4 5.00 0.800 1.44 8.95 5 3.00 0.667 0.679 7.12 6 2.00 0.500 0.614 5.84 7 1.30 0.231 0.546 4.60 8 1.10 0.091 6_L5 11.47 50.00 0.980 34 Flow Duration from Time Series File:rdout.tsf Cutoff Count Frequency CDF Exceedence_Probabiiity CFS % % °s 0.034 36948 60.254 60.254 39.746 0.397E+00 0.101 4381 7.144 67.399 32.601 0.326E+00 0.168 4528 7.384 74.783 25.217 0.252E+00 0.235 4018 6.553 81.336 18.664 0.187E+00 0.303 3450 5.626 86.962 13.038 0.130E+00 0.370 2709 4.418 91.380 8.620 0.862E-01 0.437 1837 2.996 94.375 5.625 0.562E-01 0.504 1231 2.008 96.383 3.617 0.362E-01 0.571 767 1.251 97.634 2.366 0.237E-01 0.638 634 1.034 98.668 1.332 0.133E-01 0.705 504 0.822 99.490 0.510 0.510E-02 0.772 161 0.263 99.752 0.248 D.248E-02 0.840 16 0.026 99.778 0.222 0.222E-02 0.907 17 0.028 99.806 0.194 0.194E-02 0.974 14 0.023 99.829 0.171 0.171E-02 1.04 5 0.008 99.837 0.163 0.163E-02 1.11 3 0.005 99.842 0.158 0.158E-02 1.18 2 0.003 99.845 0.155 0.155E-02 1.24 1 0.002 99.847 0.153 0.153E-02 1.31 5 0.008 99.855 0.145 0.145E-02 1.38 7 0.011 99.866 0.134 0.134E-02 1.44 9 0.015 99.861 0.119 0.119E-02 1.51 8 0.013 99.894 0.106 0.106E-02 1.58 5 0.008 99.902 0.098 0.978E-03 1.65 8 0.013 99.915 0.085 0.848E-03 1.71 7 0.011 99.927 0.073 0.734E-03 1.78 9 0.015 99.941 0.059 0.587E-03 1.85 9 0.015 99.956 0.044 0.440E-03 1.91 3 0.005 99.961 0.039 0.391E-03 1.98 7 0.011 99.972 0.028 0.277E-03 2.05 2 0.003 99.976 0.024 0.245E-03 2.12 2 0.003 99.979 0.021 0.212E-03 2.18 2 0.003 99.982 0.018 0.179E-03 2.25 2 0.003 99.985 0.015 0.147E-03 2.32 4 0.007 99.992 0.008 0.815E-04 2.38 4 0.007 99.998 0.002 0.163E-04 Hyd Inflow outflow Peak Storage Target Calc Stage Elev (Cu-Ft) (Ac-Ft) 1 13.29 ******* 8.03 11.58 376.48 395686. 9.084 2 6.54 ******* 2.39 10.99 375.89 371310, 8.524 3 6.57 2.32 1.97 9.91 374.81 327798. 7.525 4 7.87 ******* 1.80 9.55 374.45 313762. 7.203 5 6.94 ******* 1.44 8.95 373.85 290989. 6.680 6 4.10 0.69 0.68 7.12 372.02. 224771. 5.160 7 5.28 **w**** 0.61 5.63 370.73 180993_ 4.155 8 5.65 ******* 0.53 4.39 369.29 135561. 3.112 `CAGO TITLE INSURANCE COMPANY ;. IF HAVHNUr,, #3400, SE ATn LFE WA 98104 PLAT CERTIFICATE Order No.: '3F cir-'CA Certificate for Filing Proposed Plat: oc � zoas In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: FUE Y. VUE AND MEE VANG VUE, HUSBAND AND WIFE, AS TO PARCEL A; AND CONNER HOMES COMPANY, A WASHINGTON CORPORATION, AS TO TRACTS B, C, AND D_ EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: Records examined to SEPTEMBER 29, 2006 at 8:00 AM By HARRIS/EISENBREY Title Officer (206)628-5623 PIATCRrA/RDA/0999 f 'HICAGO TITLE INSURANCE COMPAN , PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 1221513 LEGAL DESCRIPTION ION PARCEL A: THE WEST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 7.5 FEET THEREOF. TRACTS H, C, AND D: TRACTS $, C, AND D, LAURELHURST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 227 OF PLATS, PAGES 69 THROUGH 78, IN KING COUNTY, WASHINGTON. rT ATCKn /WM/0M CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 1221513 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable, matters relating to special assessments and special levies, if any, preceding or in the same becoming alien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. IC THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB jPMA/0999 "HICAGO TITLE INSURANCE COMPAN PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 EXCEPTIONS A 1. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF LAURELHURST, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 227 OF PLATS, PAGES 69 THROUGH 78, IN KING COUNTY, WASHINGTON. e c n AFFECTS: TRACTS B, C, AND D. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE A WESTERLY PORTION OF PARCEL A AS DESCRIBED IN SAID INSTRUMENT JULY 26, 1963 5615529 3. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 192430 SAID RESERVATIONS WERE MODIFIED BY AGREEMENT BETWEEN NORTHERN PACIFIC RAILROAD AND LESTER A. MORRIS AND SYLVIA A_ MORRIS, DATED NOVEMBER20, 1934, RECORDED JANUARY 11, 1935, UNDER RECORDING NUMBER 2837830. a 4. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: APRIL 19, 2005 RECORDING NUMBER: 20050419000481 PU&TL'RTBI /RW0999 -4ICAGO TITLE INSURANCE COMPANA PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 TOGETHER WITH AMENDMENTS AND MODIFICATIONS THERETO, IF ANY. G AFFECTS: TRACTS B, C, AND D. r 5. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: a r s z RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: TRACTS B, C, AND D_ APRIL 19, 2005 20050419000482 FUTURE MERGER OF TRACTS B,C & D 6. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: AFFECTS: PARCEL A. OWNERS AND FUTURE OWNERS RENTON WATER DISTRICT DECEMBER 19, 1975 7512190492 TEMPORARY WATER SERVICE 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER I OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL A. 2006 152305-9030-06 2104 $ 207,000.00 $ 132,000.00 BILLED: $ 4,086.84 PAID: $ 2,043.42 UNPAID: $ 2,043.42 PIATCRB2/WK/0"9 MICAGO TITLE INSURANCE COMPAN L m a 0 F PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 8_ LIABILITY TO ASSESSMENTS FOR GENERAL TAXES FOR CURRENT AND/OR PRIOR YEARS. SAID PROPERTY IS NOT PRESENTLY CARRIED OR BEING TAXED ON THE GENERAL TAR ROLLS. AFFECTS: GENERAL TAXES AS TO TRACTS B, C, AND D. 9_ GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES 2006 421960-0710-07 2104 $ NOT DISCLOSED $ NOT DISCLOSED BILLED: $ 1.50 PAID: $ 1.50 UNPAID: $ 0.00 AFFECTS: SPECIAL TAXES FOR NOXIOUS WEED AS TO TRACT B_ 10. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER I OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE -IMPROVEMENTS GENERAL & SPECIAL TAXES: 2006 421960-0720-05 2104 $ NOT DISCLOSED $ NOT DISCLOSED BILLED: $ 1.50 PAID: $ 1.50 UNPAID: $ 0.00 AFFECTS: SPECIAL TAXES FOR NOXIOUS WEED AS TO TRACT C. 11. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2006 TAX ACCOUNT NUMBER: 421960-0730-03 LEVY CODE: 2104 ASSESSED VALUE -LAND: $ NOT DISCLOSED ASSESSED VALUE -IMPROVEMENTS: $ NOT DISCLOSED FIATURD2/KDA/M99 v4ICAG0 TITLE INSURANCE COMPAN) PLAT CERTIFICATE SCHEDULE B (Continued) GENERAL & SPECIAL TAXES: BILLED: $ 1.50 PAID: $ 1.50 UNPAID: $ 0.00 Order No.. 1221513 AFFECTS: SPECIAL TAXES FOR NOXIOUS WEED AS TO TRACT D. G 12, DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: FUE Y. VUE AND MEE VANG VUE, HUSBAND AND WIFE TRUSTEE: PRLAP, INC. BENEFICIARY: BANK OF AMERICA, N_A_ AMOUNT: $ 141,908.00 DATED: MARCH 16, 2004 RECORDED: APRIL 5, 2004 RECORDING NUMBER: 20040405000439 LOAN NUMBER: --- THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. R AFFECTS: PARCEL A. a 13. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: FUE Y. VUE AND MEE VANG VUE, HUSBAND AND WIFE TRUSTEE: PRLAP, INC. BENEFICIARY: BANK OF AMERICA, N.A. AMOUNT: $ 100,000.00 DATED: MARCH 16, 2004 RECORDED: APRIL 5, 2004 RECORDING NUMBER: 20040405000440 LOAN NUMBER: --- THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED_ T AFFECTS: PARCEL A. o MODIFICATION OF DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: FiATCPM/RDe+A/9M '4ICAGO TITLE INSURANCE COMPANY DATED: RECORDED: RECORDING NUMBER: PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 JANUARY 14, 2005 FEBRUARY 1, 2005 20050201000982 v 14. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CONNER HOMES COMPANY, A WASHINGTON CORPORATION TRUSTEE: WASHINGTON ADMINISTRATIVE SERVICES, INC_, A WASHINGTON CORPORATION BENEFICIARY: JILL SUZANNE CONNER AMOUNT: $ 4,900,000.00 DATED: DECEMBER 30, 2004 RECORDED: JANUARY 11, 2005 RECORDING NUMBER: 20050111002235 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. M AFFECTS: TRACTS B, C, AND D, AND OTHER PROPERTY. �r 15. THE FOLLOWING MATTERS DISCLOSED BY OUR INSPECTION ON SEPTEMBER 14, 2006: 1.) LOCATION OF WOOD FENCES IN RELATION TO THE SOUTH AND EAST LINES OF SAID PREMISES, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. 2.) ANY LOSS OR DAMAGE RESULTING FROM THE ENCROACHMENT OF STRUCTURES, PERIMETER FENCES, PERIMETER WALLS AND PLANTINGS OF ANY NATURE ONTO OR OFF FROM THE SOUTHEASTERLY AND NORTHEASTERLY PORTIONS OF SAID PREMISES. OUR INSPECTOR COULD NOT LOCATE THESE PORTIONS DUE TO DENSE BRUCH OBSTRUCTING LINES OF SIGHT AND ACCESS. AC AFFECTS: PARCEL A. r 16. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED HERRIN. THE PARTIES MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. z NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PIATCM/RDAIM IICAGO TITLE INSURANCE COMPANI PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 POR NEQ NWQ SECTION 15-23-5, & TRS B-D, VOLUME 227 PLATS PG 69. AS OF SEPTEMBER 29, 2006, THE TAX ACCOUNTS FOR SAID PREMISES ARE 152305-9030-06, 421960-0710-07, 421960-0720-05, AND 421960-0730-03. END OF SCHEDULE B PLAWRB2/RDA/0M �IICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1221513 THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CORE DESIGN, INC BOB BROOKS 1/1 CONNER HOMES COMPANY JOHN SKOCHDOPOHL I/1 MATCRB2/RUA/0999 CHICAGO TITLE ASURANCE COMPANY N=f 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 IIMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. Northeast it of the Northwest of Section 15-23-5 411 ry ilex' IV 4 A zml JB gr D PL- tr 41, N 17 EXCLUSIONS (Cont'd.) 4. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (1i) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (lii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforoeability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. B. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (li) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.