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HomeMy WebLinkAboutLUA-04-032., (t • Fonn No.106&-2 Commibneni: No.: 4263-378398 Page 1 of 8 ALTA Plain Language Commitment To: First American Title .Insurance Company · 2101 Fourth Avenue, Suite 800, Suite 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 ESCROW OOM)IPA6\'l'jf IINllFORlMIATION; Escrow Officer: B<AR!LA IBIEU:SIL.E kbelisle@firstam.com Feml: Amerrialll'D Title ll:ll'DS1111rraill1loe ComlJl)olllnlY 5620 112th Street East, Suite 126, Puyallup, WA 98373 Phone: (253) 770-1234 -Fax: (253) 251-0011 Grrae !Bean (206) 615-3275 Tntie Teaim Tlhlrree !Fax No. (253) 67:ll.-5813 · gbean@firstam.mm John l. Scott 11515 Canyon Rell IE, Ste A P111Jallil11p, WA 98373 Attn: AHal'I! IPowelD Krrnstina Ward (253) 67:!l.-5811 bfi!lrd@firrstam.com File No.: 4263-378398 Your Ref No.: Re: Property Address: , Renton, WA COMMITMENT IFOR TITH.IE lrNSIL»RANCf Issued by . fFJ:tflSJT AMEIIUCAN Tlf!f/LIE Jl!MSliJ!flANCIE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. Whe·n we show the poHcy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. Rrst American T,t/e .. , ... Fonn No. 1068-2 ALTA Plain Language Commitment SCt'JIEDUJLIE A. 1. Commitment Date: April 21, 2004 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT Subdivider Rate Owners Standard Coverage $ 1,331,000.00 $ Proposed Insured: PAR Homes, Inc., a Washington Corporation Construction Loan Rate ALTA Extended Mortgagees Coverage Proposed Insured: To follow $ To follow $ Commitment No.: 4263-378398 Page 2 of 8 PREMIUM TAX 1,166.00 $ $ 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Jack McCann Company, Inc., a Washington Corporation 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: 102.61 Tract 45, N. H. Latimer's Lake Washington Plat, according to the plat thereof recorded in Volume 6 of Plats, page 70, in King County, Washington. Together with the South half of the portion of vacated South 129th Street adjoining. Together with portion of vacated Northwest 3rd Street adjoining, as vacated by City of Renton Ordinance No. 4259. - APN: 420440020006 Rrst American Title· Form No. 1068-2 ALTA Plain Language Commitment The following requirements must be met: SCllilEDIUllE 18 SIECTXON I REQIUIRIEMIENTS Commitment No.: 4263-378398 Page 3 of 8 . (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G} You must give us the followinginformation: . 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: First American Title R>rm No. 1068-2 Commitment No.: 4263-378398 Page 4of 8 AL TA Plain Language Commitment SCIHIEDULIE 18 SIECTXON XX IEXCEIPTXOINJS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. Tuey are available from the office which issued this Commitment. (i\LA.· .) ~2. 3. ~5. 6. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the Cmty cf Rel!11t.oru is at 1.78%. levy/Area Code: 2100 General Taxes for the year 2004. Toe first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 420440020006 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Mechanics lien. Claimant: Against: Amount: For: Date Work Commenced: Date Work Ceased: Recorded: Recording No.: 1st: IH!a if $ 1,291.41 $ 1,291.41 $ 0.00 $ 224,000.00 $ 0.00 2nd! Half $ 1,291.41 $ 0.00 $ 0.00 $ 224,000.00 $ 0.00 Wilson Concrete Construction, Inc. Jack McCann Company, Inc. $12,750.85 Labor and/or Materials and/or Equipment December 12, 2003 . January 29, 2004 -April 20, 2004 20040420001710 Evidence of the authority of the officers of PAR Homes, Inc. , to execute the forthcoming instrument, copies of the current Articles of Incorporation, By-Laws and certified copies of appropriate resolutions should be submitted prior to closing. Evidence should be submitted prior to closing of the authority of the officers, if otilleir tlhlan Jeffery J. McCann as Authorized Officer of Jack McCann · Company, Inc., to execute the forthcoming instrument. Potential lien rights as a result of labor and/or matei"~lc; used, or to be used, for improvements to the premises'. An indemnity agreement to be completed cy vestee herein, is being sent to closing escrow company and must be submitted to us prior to d!!)Sing for our review and approval. All other matters regarding extended coverage have been ciearec for mortgagee's Rrst American Tt1fe Fonn No. 1068-2 Commitment No.: 4263-378398 Page Sof 8 ALTA Plain Language Commitment ~- policy. Items 1 through 6 on Exhibit A herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Easement, including terms and provisions contained therein: Recording Information: 9002282040 In Favor of: City of Renton For: Utilities Hrst American Tftle Form No. 1068-2 AL TA Plain 1.Anguage Commitment ,--------! INIFOIRMATIOli\'IAK. i\'IOTIES Commitment No.: 4263-378398 Page 6 of 8 l .._J A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. n is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to mee~ standardization requirements. The full text of the description must appear in the document(s) to be insured. Tract 45, Latimer's NH Lake WN Plat, V. 6, P. 70, including vacated streets APN: 420440020006 D. According to the application for title insurance, title is to vest in PAR Homes; Inc., a WashingtonCorporation. First Amenam Tltle . •' Fonn No. 1068-2 AL TA Plain Language Commitment COli\'IDlITlIONS 1. DIEIFltli\'IITlIONS . (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4263-378398 Page7of8 (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. 11..ATIER DIEIFECfS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that apJ)E;!ar for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3, EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them.. If we do amend Schedule B to · show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. UMITATION Of Ol!JR UAIBXUTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its , Requirements. If we have any liability to you for any loss you incur because of an error in this · Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. · 5. CUUMS llVi!IUST IBIE 18.ia\SIED OM nus COIM!MlITM!Eli\llT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Rrst American Td:Je ·r ,,,; ,- Fonn No. 1068-2 ALTA Plain language Commitment Commitment No.: 4263-378398 Page 8 of 8 First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Suite 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 PRIVACY POLICY We Are Committed 11:o Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The Arst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. t=irst American calls these guidelines its Fair lnfonnation Valu~ a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: " Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; ., Information about your transactions with us, our affiliated companies, or others; and ., Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as pennitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. · former C1.1smmers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and Arst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The Rrst American Corporation o All Rights Reserved Rrst American Title Form No. 1068-2 Commitment No.: 4263-378398 Page 1 of 8 ALTA Plain Language Commitment To: .\ J.1 ;.: P.. I(• First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Suite 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 !ESCROW OOMIPA!YJJ XfNIIFORIMIATlION: Escrow Officer: MIRILA IBIEUSLIE kbelisle@first.am.com IFim Amerficall1l Title XMIUlO'ii!lll1l«:e Comp,i!lll'illf 5620 112th Street East, Suite 126, Puyallup, WA 98373 Phone: (253) 776-1234 -Fax: (253) 251-0011 TitDe Tam Three IFalC fi\'lo. (253) 671-5813 Grae IBeaun (206) 615-3275 glbeain@1fill'Stam.mm . John IL. Scott :!l.1515 Canyon !R.c!l IE, Ste IA IPnnyalRIUlp, WA 98373 Attn: ADall1l IPoweRB Kristi1111c1 Ward (253) 671-5811 kWii!lro@1fill"stii!lm.com File No.: 4263-378398 Your Ref No.: Re: Property Address: , Reromn, WA COMMlITMIIEi\ff IFOR TITO.IE IIMSUIRAR\'ICIE Issued by !FIRST AM!EIIUCAN 'Tfl{Tl.!E llWJSfl.JRANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when tre Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This <;:ommitment is not valid without Schedule A and Section 1 and 2 of Schedule B. . . Fonn No. 1068·2 ALTA Plain Language Commitment SCHEDUllE A 1. Commitment Date: April 21, 2004 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT Subdivider Rate Owners Standard Coverage $ 1,331,000.00 $ Proposed Insured: PAR Homes, Inc., a Washington Corporation Construction Loan Rate AL TA Extended Mortgagees Coverage Proposed Insured: To follow $ Tofollow $ Commitment No.: 4263-378398 Page 2 of 8 PREMIUM TAX 1,166.00 $ $ 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) litle to said estate or interest at the date hereofis vested in: Jack McCann Company, Inc., a Washington Corporation 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: 102.61 Tract 45, N. H. Latimer's Lake Washington Plat, according to the plat thereof recorded in Volume 6 of Plats, page 70, in King County, Washington. Toget~er with the South half of the portion of vacated South 129th Street adjoining. Together with portion of vacated Northwest 3rd Street adjoining, as vacated by City of Renton Ordinance No. 4259. APN: 420440020006 Rrst American Title . , Form No. 1068-2 AL TA Plain Language Commitment The following requirements must be met: OCHIEDUILIE 1B SIECTlION lr RfQU!RIEMIEl'!ITS Commibnent No.: 4263-378398, Page 3of 8 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reoonveyance(s) of Item(s): (F) Other:· (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties . . 3. Other: ' , Form No. 1068-2 Commitment No.: 4263-378398 Page 4of 8 AL TA Plain Language Commitment SCHIEDUILE 18 SIECTIOli\!I IlI IE)(CIEIPTIONS Any policy we issue will have the following excep.tions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. ~2. 3. ~4. ~5. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Remon is at 1.78%. Levy/Area Code: 2100 General Taxes for the year 2004. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 420440020006 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Mechanics Lien. Claimant: Against: Amount: For: Date Work Commenced: Date Work Ceased: Recorded: Recording· No.: 1st IH!alf $ 1,291.41 $ 1,291.41 $ 0.00 $ 224,000.00 $ 0.00 2nc!l 1Ha&f $ 1,291.41 $ 0.00 $ 0.00 $ 224,000.00 $ 0.00 Wilson Concrete Construction, Inc. Jack McCann Company, Inc. $12,750.85 Labor and/or Materials and/or Equipment· December 12, 2003 January 29, 2004 April 20, 2004 20040420001710 Evidence of the authority of the officers of PAR Homes, Inc. , to execute the forthcoming instrument, copies of the current Articles of Incorporation, By-Laws and certified copies of appropriate resolutions should be submitted prior to closing. Evidence should be submitted prior to closing of the authority of the officers, if other than Jeffery J. McCann as Authorized Officer of Jack McCann Company, Inc., to execute the forthcoming instrument. Potential lien rights as a result of labor and/or materials used, or to be used, for improvemer.ts to the premises. An indemnity agreement to be oompleted by vestee herein, is being sent to closing escrow company and must be submitted to us prior to closfing for our review and approval. All otiier matters regarding extended coverage have been cleared for mortgagee's Rrst American T,Ue Fonn No. 1068-2 Commitment No.: 4263-378398 Page 5 of 8 AL TA Plain Language Commitment ~- policy. Items 1 through 6 on Exhibit A herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. Easement, including terms and provisions contained therein: Recording Information: 9002282040 In Favor of: City of Renton For: Utilities Rrst American Tltie F-onn No. 1068-2 ALTA Plain Language Commibnent !MFORMATIONAl NOTIES Commitment No.: 4263-378398 Page6of 8 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. n is furnished. solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. c. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Tract 45, L.atimer's N H Lake WN Plat, V. 6, P. 70, including vacated streets APN: 420440020006 D. According to the application for title insurance, title is to vest in PAR Homes, Inc., a Washington Corporation. Foml No. 1068-2 AL TA Plain Language Commitment COINIDITXOIMS 1. DIEFlt:MlITiOINJS (a)"Mortgage" means mortgage, deed of trust or other security instrument. Commitment No.: 4263-378398 Page 7 of 8 (b)"Public Records" means title reoords that give constructive notice of matters affecting the title according to the state law where the land is located. 2. 11.ATER IOIEIFIECTS The Exceptions in Schedule B -Section II may be amended to show any defects, Hens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. !EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. UMIIT.ATION OF OUR U.AB!UTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Sectio·n I or eliminate with our written cqnsent any Exceptions shown in Schedul.e B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. ·. 5. Cll.AXIMIS IMJUST IBIE ISAS!EID ON TIHIIS OOIM!MlITIMJIE!\'IT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Rrst American Trtle ., , 1 Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4263-378398 Page a of a First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Suite 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 PRIVACY POLICY We Are Committed! to Safeguarding Customer Information In order to better serve your needs now and in the'future, we may'ask you to provide us with certain infonnation. We understand that you may be concerned about what we will do with such infonnation -particular1y any personal or financial information. We agree that you have a-right to know how we will utilize the personal infonnation you provide to us. Therefore, together with our parent company, The Rrst American corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use infonnation we have obtained from any other source, such as infonnation obtained from a public record or from another person or entity. Rrst American has also adopted broader guidelines that govern our use of personal infonnation regardless of its source. Rrst American calls these guidelines its Fair Inrormation Values; a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal infonnation that we may collect indude: o Infonnation we receive from you on applications, fonns and in other communications to us, whether in writing, in person, by telephone or any other means; . · , o Infonnation about your transaetions with us, our affiliated companies, or others; and o Infonnation we receive from a consumer reporting agency. Use of Information We request infonnation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or · service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, inducling the period after which any customer relationship has ceased. Such infonnation may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies indude financial service providers, such as title insurers,, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and! Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and Rrst American's Fair Infonnation Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The Rrst American Corporation o All Rights Reserved Rrst American Tille ____________ J NORTH LINE VACATI:0 :L :: I FOUND 1 /2"REBAR LS 29537 -----1) _J 42o+400188 -4204-400193 N. LINE VACA TI:0 3RD STREEj I 30• mENIDN !P'JLACE m LOCATED IN A iPOR110N nm NE 1/4 OF nm NW 1/4 OF SBCilON 18. TOWNSHIP 23 NO'llH. RANOE S FAST OF TIIB wn.u,METl'E MERIDIAN, CiIY OF RENION, KING OOUNIY, WASHING'ION- 1 I I ~,. i -· I !------------NORn-t LINE VACATED JRD PLACE ------------1 ~ APRIL 2003 NW 3RD PLACE (S. 129TH ST.) FOUND 1/2.REBAR (ABANDONED PER ORD. 2106, NO EASEMENTS RETAINED) APRIL 2003 ____ "'t'_NoTcAP----.;;;;.:--'N::::sa-::.4B='S6::"W.;--;;;:,h:,;;;'ri99:::·:::36:.., ---=ro=u"_o _RE_•_AR_!L::_s"_:,:'.,'.f,AP::;••~. _ I I 99.84" I 10' 9' I 10' l 99.52' l , I 330 LIND A VE. NW I I ~ I I 30' ;::; l LOTS Sig;.-,."' I a j 331 MAPLE AVE. NW I N ~ I s.ooo s.F. !::I~: : I ~ I LOT 6 I : I ~1~• ...-I< I 4.955S.F. I ...--r~~lli~~~~~~~~~i~-~~~r~lilli~~~~W~@fl6fE~- I -1!!! I "'I I I 1::! I: I I I S88"ST21"E 99.85' l 10' I O l S88"ST21"E 99.58' l 10 2.3 t" __ _ ~ 10' STORM DRAIN EASEMENT 91~,-----------1 I °e I 325 MAPLE AVE. NW I 324 LIND AVE. NW I I LOT 7 I "g 1 I 5,478 s.r. I ~ I I I I I I i;I LOT4 .• J? I 7,489 s.r. ~ ~ j -NORTH LINE OF EASEMENT---- I I I sas-sT21"E 99.64' : 15l I~ I· PROTECTED SLOPE EASEMENT S88'ST21-e: 99 ... s· I I I I 319 MAPLE AVE. NW I = I I ~I LOTS 18 ~ I 4,983 S.F. I g I. i:al ~ ii.;; PROT(ClED SLOPE EASEMENT ~ ~I I I ;1; I I ..; I L -S88"57'21"E -99.69' --_J ~ ::: ~L--_§_O~TI-I_Ul!u>U~OO ~tnl --__ _...-;,-~,--r~~.~~ST~ORM~_~D~RA-IN:£,!,EA~>IJ,\!.-EN~T~-~~' I "I 1;5 "~I LOT3 ief 7,489 S.F. ~ °g : ~ I 313 MAPLE AVE. NW :~. ' -~1 ~ e1 ~ I I I I I tk 1..,-1. I I I I!? g I ! : LOT 9 I~~ l&J . I ~ 4,986 s.F. I~.,, ~ r-~a'.. -9_J ~: I~ ]a! S88-S7'21"E 99.85' ; ;•SErjENT f( I S88"ST2l"E 99.7S' :",! ~ ./ r: · , ... ~· I ~ 11 g• I £ I 1 31t·WD,AVE:. f'!_W I~ I I I I : ··:'.}~!~r:-;:f;::::~~~:: 307MAPLEAVE.NW I _ .l-_-lit,"" I I LOT 10 11 j 1· 11::::. I I 9,989S.F. I Ii~ I I I I; I I sas-sr21"E 99.BD' : 1bl I~ : I~ Ii I 312 LIND AVE. NW .. , ./ 300 LIND AVE: NW I~"'-o I bl I E LOT 1 1J~o I~ I 301 MAPLE AVE. NW n_ ~ 7,489 s.r. lo"'" I ~ I LOT 11 c I 1-I 13 I s,989 s.r. I R -I NORTH LINE VAC ... ttD 3RD STREET --t----+ ~ T NORTH LINE VACATED JRO STREETl-1 I I 1§ I I I I Ii;; I I 30, I I Io I I t I 99.ss' I 9• ! ,~. I I APRIL 2003 ----APRIL 2003 I 199.73" 99 .88' 42044003~FOUN0 RR SF1KE FOUND REB~tt~~~ S88-STN1W 3RD STREET I FOUND REB'i'.'s ';a~~~ ~ (ABANDONED PER ORD. 4259 AND RETAINS UTI.JTY EASEl.1ENT S LINE VAC '"'-0 O OVER ENTIRE PORTION OF VACATED STREET) -. A,~ JR STREE l>--~:::::~~lJJiD~::::0~5~--i---80~~D:55 I 8093600060 ~, I I I I I I I LEGEND FOUND MONUMENT AS NOTED GRAPHIC SCALE i j ( DI FEET ) tlDcb-30 ft. T 30' 30' J~ 3:: z ~ Ii! <( w _J a.. <( 2 30' SHP.EI' 3 OF 3 r 4204400206 l _________ J___ NW 3RD STREET I (ABANDONED PER ORD. 3246) 20-;-uTiuTY EASEMENT PER aTY or - RENTON ORD . .,!iO.~ _ FOUND REBAR &: CAP -------LS 29537 __ !-------------- Cid----------SET REBAR AND CAfJ, LS 13670 FOUND REBAR/IRON PIPE AS NOTED SET KlNG COUNTY STANDARD MetruWENT TACOMA -SEATTLE 3" TOTAL STATION UTIUZlNG sTANOAAO F1ELD TRA'9!SC 2215North3llthStreet.5ui1D300.Tacoma.WA98403 M£THOl>S FOR CON.TROl ANO STAKING. 3160C1:idenla!AvenueSoulh,Sui1e320,Seatlle,WA98104 253.3832422 1B. 206.267 2425 1B. liIBNIDN lP'JLACE m SHEEI' 1 OF l LOCATED IN A IPORTION TIIB NE V4 Olfl THE NW V4 OF SECTION 18, 'IOWNSHJP 13 NORTH, RANGE S FAST OF 'IHIR WIUAMEITE MERIDIAN, Ci1Y OF RENTON, KING COUNTY. WASHINGroN. CITY OF RENTON APPROVALS OTY a' R£NTON PLANNINC/BUIL.D1NC/PUBUC WORKS OEPARlMENT EXMUNEO ANO APPROVED llflS_____DAY Cf' ----20_ ADMINISlRA TOR OTY a=-RENTCfi EXAMINED AND APPROVED llilS__J)AY CF ----20_ MAYOR EXAMINED ANO APPRO\'m lHIS_____DAY CF ----20_ CITY CliRK. A TIEST QTY OF RENTOO F1NANCE DfRECTOR'S CERTIFICATE I HEREBY CERTIFY TMAT 'DiERE ARE NO DEIJNQIJENT SPEaAL AS5ESSWENlS ANO AU. SPECIM. "SSESSMENlS ON ANY PROPERTY HEREIN COffAINED. DEDICAlID AS SlREETS. AU.EYS OR FOR OlHER PUBUC USE,. ARE PAID IN FlJU.. EXAM1NED ANO APPRO'tm TI-US_____DAY OF ----20_ ANANC£ DIRECTOR KING COUNTY APPROVALS KING COUNTY ANA.NC£ DIVISION CERTIFICAlE I HEREBY CERTlf'Y ntAT ALL PR<PERTY TAXES ARE PAID. THAT THERE ARE NO OEUNQU£NT SPECIM. ASSESSMENTS ON ANY Of THE PROPERTY HEREIN CONTAINED TO THIS OFACE FOR COLLECTION AND THAT All. SPECAL ~ENTS CERllAED TO lHIS OfFICE FOR COU£CllON ON ANY OF THE ~ERTY HEREIN CONTAINED. DEDICATED AS STREET'S,. AU£YS OR FOR OntER PUBLIC USE. ARE PAID IN FUU... EXAMINED ANO APPROVED iHIS__DAY OF----20- DIRECTOR DEPUlY DEPARlMENT 00 ASSESSMENlS EXAMINED AND APPROVED lHIS____!)AY OF ----20_ KING COUNTY ASSESSOR DEPUTY ASSESSM RESTRICTIONS NO LOT M PORTICfl OF A LOT IN THIS Pl.AT SHAU. BE Dl'tltOED AND sa.D OR RESOW OR OWNERSHIP OiANGEO OR "TRANSFERRED ~y THE O'M'ttERSHlP OF A14Y PORTION OF THIS Pl.AT SHALL BE l£SS lHAN lliE AA£A REQUIRED FCR rnE USE DISlRICT IN WHIOi LOCATED. SURVEYOR'S CERTIFICATE I HEREBY CERllFY THAT THIS PLAT Cf" RENTON Pl.ACE m, 1$ BASED UPON AN A.CnJAL SURVEY AND SUBDIVISION OF SECTION 18. TO-..SHIP 2J NORffl, RANGE 5 EAST, W.M., THAT THE COURSES AND OJSTANC£S ARE SH0\1111 CORRECTLY n-tEREON: lHAT 'THE MONUMEN~ V1U.1. BE SET AND TH£ LOT AND Bl.OD< CORNERS STAKED CORRECTLY ON rnE GROUND ANO THAT I HA'tf: FUllY COMPUEO WITH THE PROVIS1c»IS <F THE @~1 NO. 3670 RECORDING CERTIFICATE Al.ED FM RECORD AT THE REQUEST OF lH£ REN~ QTY C(IJNCZL lHIS __ DAY OF ----A.O. 20 __ AT __.M, ANO RECORDED IN VOLUME --Of Pt.A TS. PAGE --RE<XR>S Of KING COUNTY. KING CCIJNTY, WASMINGT<»I 01VISI~ Of REca:ms AND El.£CTIONS MANAGER SUPERINlENDENT CE RECORDS EASEMENT PROVISIONS AN EASDIDIT IS HEREBY RESER\m fCR N4tJ caAN1ED TO PU(ET SOJND O£RCY CCIIPNtY. QIEST, ATaT CABLE mntSDI,, AND QTY OF RENTCW (SOER. WATER a S£0'AUC). AND lHBR RESPEC11\£ SUCCESS(RS AND ASSIQrtS. I.HIER ANO UPal lHE EX1ERIOR lEN FEET PARAUB.. •tH AND AO.ONING 1HE SmE£f FRONTAGE rE All. LOTS DI WHlot TO tNSTAl.1.. LAT, CCNSTRUCT, RENEW, CffRAlE ANO MAIHTAN 5E£WAU( AND UNDERGROOND CCNWllS. MAINS. CABL£S ANO WR£S •TH NECESSARY fAQUllES AND OTHER EQIJPMENT fCR TI£ ?..W0SE OF stlMNG 1HIS SUBDMSKJN AND OlltER PRCFERTY •TH El£CTRKlTY, Til.EPHOCE. GAS AND UllUTY SER\1CES. to0CTHER WITH lHE RIGIT TO ENlER UPCII THE LOTS AT AU. TIMES FrR THE PURPOSE HEREIN STAT£D. Al.SO EAOi LDT ~AU. BE S1JB.£CT TO AN EASEMENT 2.5 F£ET IN 'ilOlH. PARAl.10. llnt MD ADJACENT TO ALL INlER!M LOT LINES fCR THE PURPOSES OF UTIUTES AND DRAINAGE. lKESE EASEM£NTS ENT£RED IJ?<Jt fCR ntOSE PURPOSES 'SHAU. 8E R£SlMED AS NEAR AS POS'SIEl.E TO 1l£JR <RClNAl C(WIJiTICJl NO LINES (R EES Fm Tl,£ TRANSlaSSION OF El.EClRKlTY CR RR lEl.fFH()I[ USE. CR CMl.E Ta.E\1SKJt, FIRE CR P<lJCE SIGNALS. (R OTHER PURPOSES. SHAU. BE Pl.ACED (R PERMITIED ro BE FUCED UPffi Nff LOT OOrn!X 1HE BUIUlNG THERECJril UNL£SS n£ SAME SHAl..1. BE llNtERGROOND CR IN coa>UT TO 1H£. BIJD.JXNG. PRIVATE DRAINAGE EASEMENT THE ~ME FAal.111£S l.OCATED IITHIN THE PRIVAlE EASDIENTS SHOIN ~ Tl£ PU.T 9W.t BE 0-.0. CftRAlED, M() IU.INTAINED BY THE HtMEDINER'S ASSOCIATICN aaTED fCR DilS FUT. lHE ~ ASSOClAntN SHAU. fE ESTABLISHED IN AC:CamANtt 'M1H WA3i!NCR* STAT£ LAW. n£ OTY OF RENTCrt 9iAlL HAIJE THE RIGHT TO ENTER SAID EJ&llENlS lO REPAIR NtY lmCIN~ OF 1HE DRAINAGE FACILITY °' 1HE E\<NT 1HE OINER(S) rfi/1'£ NEWC£IIT °' 1HE MAINlENANCE OF THE DRAtNACE FACIUTIES. TH~ REPHRS SHAU. BE AT THE OIHR'S COST. DEDICATION/CERTIFICATION KNOW All PE<RE BY TI£5E PRESENlS lHAT IE THE UNDERSIIMD 011ERS CE INTEREST IN THE LAND HEREBY stmVllED. HEREBY !Ea.ARE THIS FU.T TO BE lNE GRAPH>C REPRESDITAna. CE Tl£ SUBINSICN II.ADE HEREBY. ANO 00 HEREBY DmCA TE TO lHE USE CF Di£ PUll.JC RK\ER Ml S1REE1S NCO AmG.JES NOT SHOIN AS PRIVATE HEREl'.lt MO DEDICATE 1t£ USE lHERE<F fCR AU. PIJaJC ~ NOT INCXI\ISISTENT W1H THE USE TiiERECF fCR PUBUC 1-DQfW'AY PURPOSES, AND ALSO TiiE RIGHT TO MAJ<£ ALL NECESSARY 5Uff5 RR QJTS AND FUS Uf'CN Tl£ LOTS SHOWN HER£(»! lN n£ MIGINAL REAS<JUaE GRADING CF SND STRfITS N1D A\BruES, AND F\JRlHER DEDICATE TO lHE USE (F lHE PUEIJC AU. THE EASEMENTS AND lRAClS SHmw. CN THIS Pl,J.T fCR M.L PUii.JC PUWO!£S AS NXCAtm 1'HEREm. INWJOINC BUT NOT UMJlED TO PARKS. CPEN SPI\CE. UTIUllES AND DRAINAGE UNliSS SIJOt EASDIENTS CR 1RAClS AA£ SPEOFICAll.Y mEN11FIED ON rnrs Pl.AT AS BEING D£DICAlED CR Cffl\£YED TO A P£RSDt OR ENTITY On£R THAN PUBUC. kNO'I All PEOPl£ BY lHESE PleENT lHAT IE. 1ME UNIElSICNED OINERS IN FEE SDilPI.£ (F n£ LAN) HEREBY CIRllFY THAT TE HAVE ESTAEIJ9£D A l«ltEOIINER'S ASSOCATICN IN At:1::t:RJN«:£ WlH WASHINGTON STATE LAW IHIOt IOElf1lflES EAOi U)T CE 1llS Pl.AT AS MEMBERS CE SAID HCM£O'M'ERS ASSOCIATIClf REcamED ut«R l<lNG <Xl.lNTY REtxR01NG NQ. JAO< MCCANN COMPANY. INC. ACKNOWLEDGEMENTS STATE a:-" COONlY f1' js.s BY ITS PROPER OFACERS THIS __ OAY OF _____ , 20_ ~ THE O"Y MIO 'Y£AR FtRST ABO~ WRITIEN, B£fORE ME PERSCtilAU.Y APPEARED ; :E ~~11~ ~AT=-=EXE=cu°'TED=---=111=EccWl=-=c--=---,,=ORE=oo""N"'G"""'1N°"'sTRU=Mc:EN=, • ...,_=- AO<NOWI...EDGED SAID INSTRUMENT TO BE THE FREE AND Ya..UNTARY A.CT AND DEED ~ SAID CCRPORATION, FOR THE USES AND PURPOSES lHEREIN MENTIONED, AND ON OATH STATED lHAT __ WAS AUlliORIZED TO £XEa.JlE SAm INSTRUMENT. IN WITNESS WHEREOF', I MA'v'E HEREON SET MY HAND ANO OfflOAL SEAL lliE DAY AND \'EAR RRST A.80\/E VRTIEN. PRINT NAME SIGN NAME NOTARY P\IBUC IN ANO FM lliE STATE~----------- RESmlNG AT __________ _ m TACOMA · SEATTLE ,,..,_ ------- 2215 NDl1h 30th Street, SultB 300, Tacoma, WA 98403 253.383.2422 m. 203090. 50 3160a:idenlalAWIIIOSOulh,Suilo320, Seall!e. WA98104 2062672425 TB. CITY OF RENTON RECEIVED MAR 1 t ,,):, JBUILDJNG DIVlSIOf\i ruENIDN JPIACE m SHEm' 2 OF 3 LOCATIID IN A FORTION nm NE V4 OF nm NW V4 OF SECTION 18. TOWNSHIP 2J NOIR.TII. RANGE S l!ASI' OF TIIB WIUAMfilTH MERIDIAN, CTIY OF RIENTON, KING COUNJ!Y, W.MllIINGIDN. APRIL 200J FOUND CASE MON 2• BRASS w/ PUNCH .Q\. OTY Of RENTON MON NO. 1899 ,_"41(, INTERSECTION Of UNO AVE. NW & , TAYLOR AVE. NW ~ N 182072.63 {R£NTQfll) E 1297108.45 (RENTON) ~ N 182072.38 (MEAS.) ~\~ E 1297106.14 (MEAS:) -~,~ ;,,'t;-<"v&. ~~ CALC POSITION PER, APRIL 2003 ·ct,~~ ~J-Z.~,tit~°'ecAT NW 4 TH STREET . FOUND CASE MON %.~ VOL 6, PAGE 70) PLUG IN C';)NC i•~ $:_-----!i88"3t.!n _____ ~'ffN 0.70 S88"32'14'"E__ ~~ ! 'IC ---259~~----rr-259.96' --~RIL 2-003 -----~---, I I I I I y----------~, FOUND CASE MON ' ''' ~ '' ! .r.~i~ot~AP I I I I I;-I II I HELD AS CITY OF RENTON ' I'~ , · ff , ~! , • ~~~.~-~B(~~:5~) I 'z I ! iP ""'" I ii I I 1297611.13 (RENTON) 1' I .. _ I "'1., . ,.,, . . ~,~ , J;,~ I l"I I 1· I<{ ,., I ... Q ·1 ~· , ·o!~ . ~0y· . ~) I i Jz1 I t;/2 I ~I j · I :::i. 1· .o'i:::' ,._. , , , I I """""" I I I ' I' , ' ~Q~ APRlL 2003\• , I ' I ) FOUND REB"':.s"1f1'iii I I j j FOUND~/~~.:: 1 ' , I, ._NW _ 3R~_!'.LA~~-+· __ _j LS 29537 r ,·, • ... • ·-, 1 _ <s. 129TH ST> -----------"'. JO' ? .,. . ,;::: ' ·, • FOUND 1 /2"REBAR 1:? 30' I: :,0 . • 'i!, ,· z § ' NO CAP C, I .' V ~ ' '"' I · ;:: I -~ · C, I · cf , ti "' .,. ;to· · ·s,--:ri # .~ d:o· I ~' ..,; ;51\ :?L~~ ~R I~ ;,;"'" . I ~0 .,.· · "'1., , J;,f I -"i~ .{! ~ ::L'5!! fl I ls .. 3,) i f"' "' -3 Q. ,i,JI :,_,,,~'?-j ~ "·"' . ,· :..J ., :P.0 'o" ~,·lj,· t;~ff '~ cf ff :;ii ! ,.__ Q: a' i5 a. ,;-,?,._. I ,i!J:::''-,• ' C CJ;t_s; z'1<{'1 '-'"'C'<" ' R.s;r I 1' "',;5",::; ,.__. :::. ~'>:' I X ' .<::, '(" '(" ' ' ' !30'j:,o· "q_" 30'!30.J NW 3RD STREET j APRIL 2003_/_V, >"2l"E l9'. 7 Y : -1-~~"'5~-~ FOUND RRA:l:E2003 ,, FOUND REEAL~~D~~J,i i i "' ~~~.~~ i I • , FOUND REBAR & CAP , FOUND REBAR L~~o~~ , I ~ I I I LS 295:57 / ! i I i ii" i ,l I ,~ i ,ff J' i ~i~ i f i !ij j cf> j ~j~ j :?}' j ! i ~, iii fl i ! i i i i /!,'iji i I . . , . . 1i I L _________ _J ! L ___________ _J $'.----259.63" -----+-----259.72'. -0: CAl.C POSITI:s;oJOJ"E 5Bg1JTQJ~----roCT~a2~~ MON PLAT. (N.H. LA-nMER"S APRIL 2003 CONC WITH PlN. 0.07' DOYIN LAKE WASHINGTON PL.AT F"DUND CASE MON VOL 6, PAGE 70) CONC WliH PIN, 1.0· DOWN OWNER t ~ GRAPiilC SCALE j '" ... I I ( Ill FEET) l~h=lOOft.. LEGEND SHEET INDEX StEET" 1 NOlES/APPROYALS 9'UT 2 SECTIOO CXlfJRO./NOTES st£ET 3 PLAT ~ + 8"()Gl',I FOUND MONUMENT AS NOTED i JACK MCCNtN CX*PANY, INC. 17422 1081H A\e'WE S£ RENTtw, WA 98055 425-271-(ID50 SITE AREA @ SET REBAR AND CAP, LS t,3670 LEGAL DESCRIPTION TRACT 45. N.H. LATIMER°S LAKE WASHINGTON Pl.AT, .a.cca:mlHG TO lHE Pl.AT TitER£0F, RECORDED IN VOLUME 6 !:F PLATS. PAGE 70. IN l(UIIG CCl.lNTY, WAHINGn:.I. TOGElHER WITH nt£ SOUTH HALF Of lHA T PORTION ~ VACATED SOUTH 129TH STREET, ADJCIMNG. TOOElHER Wini lHAT PORTION Of VACATEO NORTH~ST 3RD STREET ADJOINING, AS VACATED BY QTY Of R£NTON ORDINANCE NUMBER 4259. All S11\JATE 1H THE NORllOIEST QUARTER !:F SECllOf 10. TOWNSHIP Z3 NCRTH. RANGE 5 EAST, W.W., CITY Of R£NTOO, KING COUNTY, Wf.SMINGTCtt 0 FOUND REBAR/IRON PIPE AS NOlED PLAT 54,838 s.r. 1.49 ACRES ~ 9tEET 3 ~ 3 FOR INDMDUAL LOT Nl£.AS SET KtNG COUNTY STANDAAD MONUMENT MINIMUM SETBACKS ZatE ..... STREET / FRCtlT 15 FEET REAR YAAD 20 FEET 9[E YARD 5 FEET GARAGES 20 FEET BASIS OF BEARING NOfl:lli 01'~26· EAST FOR CENTERLINE Of MAPI.£ AVE.. NW, BETVEEN NW JR0 Pl.ACE ANO NW 3RD STREET PER RECORD Of SURVEY fll.ED UND£R KING COUNTY RECORDING NUMBER 20000530900003 m EQUIPMENT USED TACOMA · SEATTLE 3• TOTAL STAl\CI< UTILIZING STANDARD F1EUl TRAVERSE 2215 Norfh 3001 Street, 5uite 300, Tacoma, WA 98403 MElHODS FOR CONTROL A>l1) STN<lNG. 3160ccidenlalAvenueSoulh,SUile320,Sea!lle, WA98104 253.363.2422 TB. 206.2672425 ta DATE: TO: FROM: SUBJECT: -l CITY 01F IruEN'lI'ON PLANNING/B1IJJIILDJING/P1UBLIIC WOlRKS MEMORANDUM June 8, 2004 Gregg Zimmerman, Administrator Arneta Henninger, Development Services RENTON PLACE 3 FINAL PLAT LUA 04-032 LIND A VE NW, MAPLE AVE NW, NW 3RD ST, NW 3RD PL The above plat has completed construction. All conditions of the plat have been met, paid, installed or deferred and a security device posted. I recommend that the plat be approved and signed for recording. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K. DATE: TO: FROM: SUBJECT: CITY OF JRJENTON PJLANNlfNG/BUlilLDING/PUBJLJ[C WORK§ MJEMORANDUM June 8, 2004 Victoria Runkle F & IS Administrator Arneta Henninger X7298 flM RENTON PLACE 3 Attached are two original mylars of the above plat for your signature. If you have any questions please call me. Thank you!! cc: Kayren K. I:\memo.doc\cor \ From: To: Date: Subject: "Charles Jackson" <charles@vista-dc.com> "'Arneta Henninger'" <Ahenninger@ci.renton.wa.us> 05/29/2004 1 :48: 11 PM Renton Place Ill here is the corrected property tax number 4204400200 thank you charles • • <CTI1f·JF· JR>JEN'F~N . . . · Kathy Keolker-Wheel1,r. Mayor May 25, 2004 Charles Jackson . Jack McCarin Co. · 1900 i PugefDrive #200 Rent6n, WA 98055 Re: R6nton ?lacepiv.JIJFinal Plat; File:No'. LUA-04-032, FP D.ea~ Mr. Jackson: City Clerk Bonme ][. WmlltOIDI •.. At the regular Councitmeet_ing .of May 24, 20_()4, the Rentbn·City Cou~cil approved the . referenced final plat by adoptingJlesglution No, 3.692. A copy of the resolution is .. enclosed for your :file~.. · · · · · · · · .. ·. 1(1 can pr~)Vide additicm~l inf~Illiation-o/~s§l'sta~&e, pleGtief~el fi,ee to c;ont;ict me. -. . • -~ .. • !· • • . - -:. - · .. ·~(ncerely1 .-... _-: . . . • I{Qnnie J: Wal ton .. · City Clerl< . cc: Mayor Kathy Keolker-Wheeler · . . ·. Council President Don 'Persson-, -· . · . . . . Arnet~ HenningeJ, Devel~p~~nt Services Division ... -·,. - . - -10_5_5,-So_u_th_Grad-. -y,-.W:-a-y--R-e-n-to ___ n._W:_as....,.bin-:-'gt-'o-n-.9-80_5_5 -'_ (-42-5-)4-3~0-6-5-1-'-0/_F_AX~·...:...(4-2-5)-4-30-6_5_16_· .·.~ . @ This ~rcontains 50"k recycled material, 30% post consumer · . AHEAD OF THE CURVE L.:_ &cm: Rfil©CC~ CC(Q)RfillP'~, lIBYCCo 1900 South Puget Drive, Suite 200 ° Renton, WA 98055 . Office 425 271-0,050 ° Fax 425 271-4529 Date: May 24, 2004 To: · AnietaHenninger Engineering Specialist · City of Renton From: Jeffery McCann -. ·em mccanncom an .com RE: Ren.ton Place ill, Plat Completion requirements In your May 21, 2004 Jetter you asked, ''are th,e .0th.er common areas besides the slope easement and private.storm drain~e? ·is there_ any maintenance for titilities and other easements?" I want to formally respond,No, to each of these questions: •..-,' ' ,,,:. fl. • CITY OF RENTON, WASIDNGTON RESOLUTIONNO. 3692 A RESOJLUTJION OF THE CITY OF RENTON, WASJHl::n:NGTON, AlPJPROVING FJINAJL lPJLAT (RENTON PJLACJE DMSION JI:n:JI; JFJ[JLJE NO. JLUA-04l-032JFP). WJHilEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly descn'bed, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is . proper and advisable and in the public interest; and WJH[IERlEAS, the City Council has determined that appropriate provisions are made for the public heahh, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WlBilEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, TJHIERJEJFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASIDNGTON, DO ORDAIN AS FOLLOWS: SECTION 11:. The above findings are true and correct in all respects. SECTION:n:JI. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTIONNO. 3692 r (The property, consisting of approximately 1.49 acres, is located in the vicinity of Maple Avenue NW, Lind Avenue NW, and NW 3n1 Street) t/ is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this 24th day of May , 2004. --~~---- Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 24th day of May , 2004. ---~----- ~~~-IJ~ Kathy K Iker-Wheeler, Mayor Approved as to form: £~~~ Lawrence J. Warren, City Attorney RES.1045:5/18/04:rna 2 ' . RESOLUTION NO. 3692 JEXHJIBJIT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volume 6 of plats, page 70, in king county, Washington; · Together with the south Yi of the portion of vacated south 129th street adjoining; Together with portion of vacated northwest jro street adjoining as vacated by city of Renton ordinance no 4259; Situate in the.city of Renton, county of king, state of Washington, (/) lLJ > <C S. 128TH ST :c I- ;p0';; 'tj--co Alh. O,t ( RESOLUTION NO. 3692 MNTON PLACE !IL ,,/1 ~ 0 ?J 1-w ~ ~ -<C (./) z Cl w z G:i ~ I-' (./) NW 2ND ST ~\,,· RENTON ~ NW 4TH ST NW 3RD ST >-. w >- _J s: _J 0::: <C LJ_ > S. 2ND ST. S. 3RD ST. S. 19TH ST. (/) w ~·' AHBL, INC 2215 NORTH 30TH STREET, STE. 30 TACOMA, WA 98403 253-383-2422 VICINITY MAP' SCALE: 1 "= 1 MILE ___ ! - PARCEL 4204400206 ,/ r / ;1 ! ,. '·,,,? N 7 I 8 1 AREA = I I I . I ~· .A . I 547 31 I I I I ,.........,._ s: ---. . L I I l I ~,;J., ' .. ·, ----J L '' I liilf" 8 · -. I • !" I r 8 ____ J ;; so·l5~ ~·--. ·s °' ~ I so· VAC .~ •. ~ 75' ~·-z. r __ J_ 1s· -c,_........ .. - I ~ ~ 81 ,. Cl.l LLJ t rz:i \o -:ii•. ~ <( 11· .J •. Q. r-----4=] \ c=l-a--~ oi ~-'~' l I I 1z1 . ?J ' 'r \~ f .. ·.~: .. ·' •'· ' I·' ;. ..... I I L ' . ./ f ~ ·: .. "i ( •. :· ;· '· .. , ... k f:(, .. ,.,.,g.;.::::: __ ..;.;..;....._· .. r·--··-·-·-...... . AREA = . AREA = 74$'8• .541 6989.30 P.>ROTtCttO SLOPH: _ 1 EASEMENT T _ 1 AREA = 1 I . ,. . , 1'1 1 . 499..24 ~~4 ·•.:&#w+~i-Bt#tf&.?-HM#Mii@ff.mfMW41MH#M£l@§Js#aJtG&t#.,M-r a.ftt±irt ·: u; u .& JwJ • ·,µ, wa, u · a -·· J· t!riLJ I l -I '-=-AREA= . 7488.56 .:1·./ 1,". ~· t .,,;.' \.1:·:·· if.: f.'·. 'I~ . ,.· ! • '• • .. , t ~ . ' • 1 •· :'.1/: .. '!,•'· :5f •... ~ ' · .. ··-· :. ":t'~l-.. ,, . .... ,. ' .. -.-..... ~-' ,,1 ., -\ 1 FL. x .~ ~ .. =----·· ...... __ ··-----=----~~==~ . /li,7 ·-····---·-·-··--·····-·---------~--- '-;_ -___,_ -I -__ ... . -~ -. ' --· Return Address:· City Clerk's Office ~- City of Renton · 1055 S. Grady Way Renton·WA98055· CXTY OF RENTON DEa. PAGE!BI.H OF 11Z . · 16/17/2"4 11 :-13 K.XNG COUNTY, ,LIA (Space above this line for recorder's use only) Please print or type i~formatton WASHINGTON STATE RECORDER'S cover sheet (Rew 65.04 DOCUMENT TITLE: Declall'ation of Covenants, Conditions and· .·· Restrictions· of Renton Place Division W REFERENCE NUMBER(S).OF ·. NIA .fflELA 'I1EDDOQ]M::ENTS: 'Additioruilreference numbers on,,pag~s) N/ A o(docuinent, GRANTOR: .. GRAN'I1EE: , : ABBUVllATED LEGAL . DESClRIJP'JrlON: . ·.,. ;Plat of Renton Place Division ill TRACT 45, N,H. LATIMER'$ i.AKE WASHINGTON . PLAT,ACCORDING:fOTHE'Pl.ATTHEREOF; · . .' RECQRD~D IN VOLUME 6 .OF Pl.ATS; PAGE:70; IN ° · ·. KING COUNTY; WAHINGTON . ·.· . . ;. .·. . -_ ·,-. ..--. . -' . · J\dditio~-legal on page'12 of docilment. ·' . . ; .ASSESSOR'S TAX>PARCJEL 4204400-200 ~O(S).-· ,, TIIl_S DECLARATION is 'µia<ie this 1(111· day of Aprit 2004,)y'tlie ~dersigned, .·-_ ... ' ' . h~einafter referred to C<?llectively as ''Peclarant, ,, ' ' . ' ' ' ·· DEscIDFfJ[oN oF THE IAND: A Declarant collectively.owns certain. reaLproperty located within the State of:· · Was!rington, which_ property _and improvements ,are commonly ,known· as··tµe Plat_.of Renton ... ', 1 33711 l.2/020894.00001 Place Division III, located in King County, Washington, and legally descnbed in attached Exlnbit A (the "Project"). B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as a conduction of the plat the developer has install mail boxes stands a private storm drain system and has established a protected slope easement to be know as the Common Area Item (CAI) that must be maintain by the home owners within the Project, Declarant agrees to provide herein for a method of payment for said Maintenance. NOW, TIIEREFORE, Declarant hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, and the Association. ARTICLE 1 INTERPRETATION 1.1 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of providing for street lighting for the Project. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes,·binding on Declarant, its successors and assigns, all subsequent Owners of the Project or any Lots, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Declarant is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed of record. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.2 Definitions. 1.2.1 "Association" shall mean the Owners' Association provided for in Article 2 and its successors and assigns. 1.2.2 "Board" shall mean the Board ofDirectors of the Association provided for in Article 3. 1.2.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 2 337111.2/020894.0000I 6 . 1.2.4 "Declarant" shall mean the undersigned (being the sole Owner of the real property described in Exhibit A hereof) and its successors and assigns if such . successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties ofDeclarant. 1.2.5 "Declaration" shall mean this declaration and any amendments thereto. 1.2.6 "Lot" shall mean and refer to any plot ofland shown upon any recorded plat map of the Project. Lot shall not include any land shown on a plat map but dedicated to the public or to a governmental entity. 1.2. 7 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner. 1.2.8 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.2.9 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon. 1.2.10 -"Private Storm Drain System" shall mean IO' pipe that must be kept maintained by home owner see Exhibit B for location. 1.2.11 "Protected Slope Easement" shall mean the real estate show in Exhibit C this property is maintained by the home owner and must be kept clean of trash 1.2.12 "Mail Box Stand" see Exhibit D for location of the mail box stands this stands must be maintained by the home owner ARTICLE 2 OWNERS' ASSOOA TIO>N 2.1 ES11:abllnsllnllllllerrn1t. There is hereby created an association to be called RENTON PLACE DMSION ID HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). · 2.2 JFormm of Asoocn.mtfion.. The Association may be an unincorporated association or a nonprofit corporation formed and operated pursuant to Title 24 and Chapter 64.38, 3 3371 l l.2/020894.00001 Revised Code of Washington. · In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of this Declaration shall prevail. 2.3 Membership. 2.3. I Qualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 2.3 .2 Transfer of Membenhip. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 2.4 Voting. The total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one (I) vote. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 2.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of this Declaration, may be adopted or amended by the Owners at a regular or special meeting; provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLE3 MANAGEMENT OF THE ASSOCIATION 3 .1 Management by Declarant. The Association shall be managed on behalf of the Owners by the Declarant until the earlier of: (a) one hundred twenty (120) days after Declarant ( or any successor Declarant) has conveyed all Lots to individual Owners; or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section by written notice to all Owners. So long as Declarant is managing the Association, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration. 4 33711 l.2/020894.00001 • 3.2 M:aumagellllllennt by Ellede«ll Boall'«llofll)furectoirn. At the expiration of Declarant's management authority under Section 3 .1, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from aniong its members a president who shall preside over meetings of the Board and the meetings of the Association. 3 .3 A1111tlh!ority and Duties of the Board. On behalf of and acting for the Association, the Board ( or the Declarant or Declarant's managing agent as provided in Section 3 .1 hereof), for the benefit of the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including' but not limited to the following: 3. 3 .1 Assessments. Establish and collect regular assessments ( and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder. The Association may impose and collect charges for late payments of assessments 3.3.2 , Ellllforce Decllaraltiollll. Enforce the applicable provisions of the Declaration. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law. 3.3.3 Cowtractiimg alllld Paymennt for Mmterialls, SeJnfices, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for obtaining the installation and maintenance of Street Lighting or for the enforcement of this Declaration, including legal, accounting, management or other services, and including a policy or policies and bonds of liability or fidelity coverage for Association Board members (including Declarant), officers, employees or agents. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the . limitations set forth herein, the Board may borrow funds on behalf of the Association. 3 .3 .4 Addation11all Powern off' Assocnation. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shali have the power to do all . other things that it may deem reasonably necessary to carry out its duties and the purposes of this Declaration. · AJRTICLE4 lREQm:JREMENT TO PAY JFOR MAIN1'ENCE COMMON AREA ITTrEM 5 3371 I l.2/020894.0000 I C 4 .1 Requirement to Pay fl"or Street Lightmg. The Board is specifically authorized to contract with License Contractor, and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. The Association, on behalf of the Owners, shall be respollSlble for the payment to License Contractor, other and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. All Contractor bills and other costs associated with the CAI shall be assessed to the Owners in equal shares as assessments in accordance with Article 5. In addition to the lien rights of the Association under Section 5 .1, in the event of any failure to pay Contractor or the City of Renton any charges or other costs associated with the CAI, such unpaid assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and a continuing lien upon the Lot or Lots against which each such assessment is made . Nothing in this Declaration shall require the City of Renton to pay for the cost of CAI. ARTICLES ASSESSMENTS 5 .1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments which become due on and after said date. 5.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be fixed at a uniform rate for each Lot. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 5.3 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at twelve percent (12%) per annum, and the Board may also assess a late charge in an amount not exceeding twenty-five percent (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days 6 3371 ll.2/020894.00001 _ .. 5.4 -Acco11J111Dtts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof No withdrawal shall be made -from said accounts except to pay for charges and expenses authoriz.ed by this Declaration. 5 .5 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days prior written notice to the Owner of sue~ Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 5.6 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the tenns hereof. 5.7 Conmnunrumg Ual!Dillity for Assessments. No Owner -may exempt_ himse1f7herselffrom liability for his/her Assessments by abandonment of his/her Lot. 5 .8 JRecoll'ds, JFrumucW Su.11:emmenlls. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distnbute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of_ assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 5.9 Centfficate of Assessment A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely 7 3371 l l.2/020894.00001 ( thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable fonn, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 5 .10 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien ot: or collect, any assessment. In any action to foreclose the lien ot: or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs pennitted by law. 5 .11 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in .accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation wit.Ii respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additionai administrative fee of not more than fifty dollars ($50.00) covering the cost of preparation and recordation shall be paid to the Association prior to. such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the tenn "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim of lien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. ARTICLE6 LIMITATION OF LIABnnY 6.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence ( except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 6.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the 8 3371 l l.2/020894.00001 powers of the Board, and their respective heirs and succ.essors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation oflaw in the performance of his/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; PROVIDED, that, in the event of a settlement; the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE7 TERM OF DECLAIRA 1I1l:ON 7.1 DunratioJlll of Cove!IB.ants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods often (10) years each, unless the Owners execute and record an instrument abandoning or terminating this Declaration. 8.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail,· such notice, unless expressly . provided for herein to the contnuy with regard to the type of notice being given, shall be deemed to have been delivered and received three (3) business days after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addressed as follows: ( a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 3 .1, notices to the Board shall be addressed to the address set forth in (b) 9 3371 l l.2/020894.00001 ( above. Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 8.2 Surrmot and A:s,igns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 8.3 .Joint and Several I,iahilitJ In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 8.4 Sevetability, The provisio~ hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof H., attornep' Fm-In any a....'iion to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal, or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 8.6 Amendments-Neither Article 4 nor any other provision of this Declaration relating to the Street Lighting may be amended without the prior written consent of the City of Kent. 8. 7 Effective Date The Declaration shall take effect upon recording. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first hereinabove written ' DECLARANT: Jack Mccann Co, Inc., a Washington corporation IO 3371 l l.2/020894.00001 • STATE OF WASHINGTON ) COUNTY OF KING ) ss: ) I certify that I know or have satisfactory evidence that Ji ff Mc (p,_ "'-n ___ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as the ~-0 j ~c...-\ Ma. ~94e."' of Jack McCann Co, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ::f IA.V\e._ 2004. __ _..;;;;.....___,_ _ __, Print Name: A\,'c..<e.. Wa...-i--k ,\,., s NOT ARY PUBLIC in and for the State of Washington, residing at ----'l(C-e_-=-11'\..-{ ___ _ My Appointment expires: S--I~ -o 8 11 3371 l l.2/020894.00001 ( C JEXIDBlfT A LegaD .Oescription of the Project EXHIBIT A TRACT 45, N.H. LA TIMER'S LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WAHINGTON. TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF VACATED SOUTH 129TH STREET, ADJOINING. ,, TOGETHER WITH THAT PORTION OF VACATED NORTHWEST' 3RD STREET ADJOINING, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 4259. ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. 12 337111.2/020894.00001 BOARD OF PUBLIC WORKS 8:30 a.m. Wednesday, May 5, 2004 Renton Municipal Building Conference Room No. 51 1 IN A TIENDANCE: Neil Watts, Chairman, Absent VISITORS: Kayren Kittrick, Plan Review, Acting Chairman Dave Christensen, Utility Systems, Absent Abdoul Gafour, Utility Systems Larry Meckling, Building Official, Absent Craig Burnell, Development & Planning Juliana Fries, Plan Review Jim Gray, Fire Floyd Eldridge, Police Crystal McMeans, Recording Secretary Jeff McCann, Renton Place III Ted Dahm, Aberdeen Townhomes II Jim Jacques, Jacques NE 24th Street MINUTES 1. CAILJL 'fO ORDER: Acting Chairman Kittrick called the meeting to order at 8:30 a.m. 2. APJP'ROV AL OF MINUTES: Meeting minutes dated April 6 & 14, 2004 were approved as presented. Minutes of March 24, 2004 were held until the next meeting for revisions. 3. REQUESTED ACTION: . o OlFF-SITE JDElFERRAJL, RENTON PLACE IU, LUA 00-047, Maple Ave NW and Lind Ave NW-The applicant is requesting a deferral for relocation of a power pole outside the sidewalk on Maple Ave NW and completion of the sidewalk. This request is for 90 days to complete recording of the plat. Action: It was Moved by Gray, Secondled by Eldridge to grant the deferral as requested, subject to the following conditions: 1. The applicant shall install cold mix asphalt in sections of the sidewalk to allow pedestrian use until the pole is removed. 2. · A security device, acceptable to the.Board, be in place at 150% of ·the cost of the improvements ($2,508.47) to cover the deferred items. MOTION CARIUED. OFF-SITE DEFERRAL, JACQUES NE 24TH PJLA'f, JLUA 00-127, 2234 NJE 24th Street-The applicant is requesting a deferral for the installation of (3) I May 24, 2004:, Airport: Sound Flight Operattng P~rmit 8l:. Agreement SAD: gast Kennyd~le Sanitary Sewer Infill Phase ,IT - UNFINISHED BUSINESS Committee of the Whole AJLS: _Title ill (DepartnJ.ents) City Code Revision Finance Cmnmittee Finance: V Ol}Chers Transportation (Aviation) Committee -- Development Services: . Wireless Communication Facilities, VoiceStream, ~ ~ . . RESOLUTIONS AND ORDINANCES Resolution #3692 Plat: RentoriPlace Division III, Maple Ave NW, FP-04-032 Resolution #3693 Plat: Jacques NE 24th St, FP- 04-019 - ,i Renton City Council Minutes ) -Page 176 Transportation Systems Division recommended approval of an operating permit and agreement witl;i Sound Flight, Inc. to operate an on-demand charter service at the Airport. Refer to T:~ansportation (ft.:viation) Committee. '_ . lJJility Systems Diyision"requested approval of final costs.for East Kepnyd,!le Sanitary Sewer Infill Phase II Speci~l Assessment Djstrictfor sanitary 'sewer service Jo properties adjacent to Ediµonds Ave. NE, NE 20th through.NE 23rd Streets,NE 25th St., Glenwood Ave. NE, and Harrington Pl. NE; (SAD-03-001). -. Refer to Utilities Committee. · - MOVED BY:PERSSO~. SEC:ONDED BY LA;y,t, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED, CARRIED; Council President Persson pre~ented a Ccimmittee ofthe Whole repof! concurring in the staff recommendation to amend City Code Title ill, · Departments,, in its entirety; aI1d related Section" 1-4-3 of Chapter 4, Mayor, of · T\tle I, and Section 5-3-2 of Chapter 5, Salaries, of Title V, in order to establish ·· the cun;ent City departments, the Mayoral authority to appoint City officers~ a":d the,City Council confirmation requir~ments. The Committee further . recomrri!!nded that·the oidinan_ce regarding this matter be presented for first reading~ MQVED.BY PERSSON, $ECONDED BY BRIERE, COUNCIL .· CONCUR IN T.HirCOMMITIEE REPORT. §ARRIED. ·(See,page J77 for ordinance.) -· - Financ~ Conrinitte~ Chair Corman presented a report recofumeJciing ippro;al of Claim Voqcher~ 226963 -227152 and Jwo wire tr_ansfei:s totaling :; $2,230,569.2.6; and approval of Pay~oll Vouchhs 50537 -5078{ one-wire,. transfer and 576 direct deposits totaling $J,798,736.57. MOVED BY- CORMAN, SECONDED BYLAW, COUNCIL CONCUR IN 'J'HE ,, COMMITTEE REJ?ORT. CARRIED. Transportation (Ayiation) Committee Chair Palmer presented a report recommending concurrence in the staff recomriiend~tion tq appr~ve the VoiceStreani PCS III Corporation master use agreement with the Cit)' of .. Renton to install wireless cominunicatioff facilities within.the City ofRentbn right-of-way. Conduit and cable will be installed underground using= . conventionaftrenching, horizontal boring; and directional drilling methods.'" · This master use agreement between the City arid VoiceStream PCS Ill Corporation is for a period often years. The Committee further.recommended th.at the.Mayor and City ·clerk be au!horized to exec rite the master use agreement. MOVED BY PALMER. SECONDED BY NELSON, COUNCIL CONCUR IN THE_ COMMITTEE REPORT. CARRIED. -- Tbe followiu'g resolutio!ls were preientecf for ;eadin; and adoption: A resolution:was read approving the Renton Place Qivision ill Final Plat consisting ofapproxima~ely 1.49 acres located·in the vicinity of:Maple Ave: NW, Lind Ave. NW, and NWJrd St. (~-04-032). MOVED BY BRIERE, SECONDED BY CLAWSON, COVNCIL ADOPT THE RESOLUTION AS READ. CARRIED. - -:----, !'. Aresolution was read approving the Jacques NE 24th St. Final Pl-at c9nsisting of 1.78 acres located in the vi.dnity:of Camas Ave. NE ancfNE 24th St (FP-04- 019). MOVED BY BRlERE, SECONDED BYLAW, COUNCIL ADOPT THE RESOEUTION AS READ. CARRIED. " -. i. ' .~ . .. ... ' ~ May 24, 2004 Citizen Comment: Larson- Kinzer -Jones Ave Short Plat Appeal, Comprehensive Plan Revision Process CONSENT AGENDA Council Meeting Minutes of May 17, 2004 . Development Services: Sierra Homes Short Plat, ROW Dedication at NE 5th.Pl Plat: Renton Place Division ill, Maple Ave NW, FP-04-032 Plat: Jacques NE 24th St, FP- 04-019 Plat: Heritage Glen, NE 20th St, PP-03-044 •··· Human Resources: Business Systems Analy~t. Grade a23 Legal: MakingF~lse State,Illent Clarification, interferenc;e·· Reference Removal Renton City Council Minutes Page 175 Mayor Keolker-Wheeler sia.ted that staff will consider HCA's request for this type of traffic control measure as part of the City's traffic calming process whichwas adopted by Council on August 5, 2002. Additionally, Ms. DeMastus announced that a briefing on safety issues.related to the Olympic pipeline will take place at the HCA meeting on May 27th. Sue Larson-Kinzer, 1733 NE 20th St., Renton, 98056, stated that regardless of the outcome of.the Jones Ave. Short Plat appeal, she appreciates the time and energy the Hearing Examiner has spent on the matter, and the assistance provided by a former Development Services Division planner. Ms.-Larson- Kinzer stated that she is aware that the. City is revising its Comprehensive Plan, and asked for more information about·the process. Mayor Keolker-Wheeler asked staff to forward the Comprehensive Plan review process schedule to Ms. Larson-Kinzer. She noted that Council is briefed on the matter monthly at a Committee of the Whole ,meeting, .ahd the Planning Commission addresses it at'almost every meeting. CAO Covington added that she is welcome to address comments regarding the Comprehensive Plan to the Planning Commission, as the commission makes:recornmendations to Council. Items on the consent agenda are adopted by one ~otion which followsthe listing. Approval of Council meeting minutes of May 17, 2004. Council concur~ . Development Services Division recommended acceptance of dedication of a 15- foot radius of right-of-way at the comer of NE 5th Pl. and Index Pl. NE to fulfill a requirement of the Sierra HoII1es Short flat (SHP-03:..111 ). Council concur. Development Services Division recommended approval, wiµi conditions, of the Renton Place Division ill Final Plat; U single-f.µnily lots on 1.49 acres located in the vicinity of Maple Ave. NW, LindAve. NW, and NW 3rd St. (FP-04- 032). Council concur. (See page 17frfor resolution.) Development Services Division recommended approval, with conditions, of the Jacques NE 24th St. Final Plat; 11 single-familyJots 9n 1.78 acres located at NE 24th St. and Camas Ave. NE (FP-04-019)~ Council concur. (See page 176 for resolution.) Hearing Examiner recommends approval, with .conditions, ·qf the Heritage Glen Preliminary Plat; 37 single:-family lots.on 6.38 acres located, at 1832 -2008 NE 20th St. (PP-03-044). Council concuF. Human Resources and Risk Management Department recommended approval to establish the grade of a23 for the new Business Systems Analyst position (approved via Ordinance 5072); Grade a23 monthly salary range is $4,318 - $5,258. Council concur. · Legal Division recommended adoption of an ordinance thaf clarifies th~ crime of making a false or misleading statement, removes the reference to the crime of interference, and adds related definitions in City Code. Refer to Public Safety Committee. cifP OF RENTON COUNCIL AGENDA 1lL I AID: '? 0 Submitting Data: Planning/Building/Public Works For Agenda of: May 24, 2004 Dept/Div/Board .. Development Services Division Staff Contact ...... Arneta Henninger X7298 Agenda Status Consent .............. X Subject: Public Hearing .. RENTON PLACE DIVISION ill FINAL PLAT Correspondence .. File No.: Ll.JA 04-032FP (Preliminary Plat LUA 00-Ordinance ............. 047) Resolution ............ X Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation May 14, 2004 Information ......... Recommended Action: Approvals: Council concur Legal Dept. ........ X Finance Dept ..... . Other .............. . Fiscal Impact: NIA · Expenditure Required ... Transfer/ Amendment ...... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project .. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 1.49 acres into 11 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improyements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Renton Place Division ID Final Plat, LUA 04-032FP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. l:\ProjectS\RENTONPL3AGNB.doc/ .... ,, CITY OF RENTON, W ASHJNGTON RESOLUTION NO. __ _ A RESOLUT][ON OF THE C:n:TY OF RENTON, WASIDNGTON, APPROVING F][NAL PLAT (RENTON PLACE D][VISION H][; JF][LE NO. LUA-04-032FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WlHIEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHJNGTON, DO ORDAIN AS FOLLOWS: SECTION :n:. The above findings are true and correct in all respects. SECT][ON H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 ( ( RESOLUTION NO. __ _ (The property, consisting of approximately 1.49 acres, is located in the vicinity of Maple Avenue NW, Lind Avenue NW, and NW 3rd Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 14, 2004. PASSED BY THE CITY COUNCIL this ___ day of _______ , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of _________ , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1045:5/18/04:ma 2 E:xmB.lfT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volwne 6 of plats, page 70, in king county, Washington; · Together with the south% of the portion of vacated south 129th street adjoining; Together with portion of vacated northwest 3n1 street adjoining as vacated by city of Renton ordinance no 4259; Situate in the city of Renton, county of king, state of Washington, RWNTON PLACE llr S. 128TH ST. :r 1-"<;,'f-co >-. l.J..J >- _J :3: _J 0::: ~ LJ... AHBL, INC 2215 NORTH 30TH STREET, STE. 30 TACOMA, WA 98403 253-383-2422 S. 2ND ST. S. 3RD ST. S. 19TH ST. (/) w ~ -----._;..----.;,_..:.:.::c· • ·. . '. >' ••• •,I' --~~ VICINITY MAP · SCALE: 1 "= 1 MILE __ !_ P~RCEL 4204400206 ,,. ( ·--.( 17 ·,, -. .. l i I i~I I I 1 I 11 7 1· 0 I .. 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( DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Jack Mccann Company Renton Place Division m Final Plat (Preliminary Plat LUA 00-047PP) File: LUA 04-032FP Jack Mccann Company Section 18, Twp. 23 N. Rng. 5 E. Final Plat for 11 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Jack McCann Company, filed a request for approval of an 11 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on July 18, 2000, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at Jack McCann Company. The new plat is located in Section 18, Twp. 23 N. Rng. 5 E. 6. The subject site is a 1.49 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on March 26, 2001. 8. The majority of the property is located within the R-8 zoning designation. 9. The Final Plat comp1ies with both the Zoning Code and the Comprehensive Plan. ) DJEVJElLOJPMlENT SER.VJrCIES DIVISION BU1llLDllNG/PlLANNJING/PUBlLlIC WORKS CITY OF RENTON STAFF R.EPOR1' ANJD RJECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Jack McCann Company Renton Place Division ill Final Plat (Preliminary Plat LUA 00-047PP) File: LUA 04-032FP Jack Mccann Company Section 18, Twp. 23 N. Rog. 5 E. J:inal Plat for 11 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FJINDllNGS, CONClLUSlIONS & R.ECOMMIENDA1'ION Having reviewed the record documents in this matter, staff now makes and enters the following: FllNDINGS: 1. The applicant, Jack McCann Company, filed a request for approval of an 11 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on July 18, 2000, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at Jack Mccann Company. The new plat is located in Section 18, Twp. 23 N. Rng. 5 E. 6.· The subject site is a 1.49 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on March 26, 2001. 8. The majority of the property is located within the R-8 zoning designation. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. Site construction shall be limited to the months of April P' through October 3P'. The site development plans were approved on September 2003. Site construction occurred in late September and October 2003. Several time extensions were requested and granted through City of Renton Development Services with construction being complete in January 2004. 2. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in section d.4.3.1 of the King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on-site improvements as well as building construction. During construction of the on-site and off-site improvements, a silt fence was placed along the down-slope perimeter of the site and areas being disturbed. Other erosion control BMPs were also installed during site construction, as detailed on the site development plans. Additional silt fence will be required during home building construction. 3. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction or drainage swales shall conform to the specifications presented in section 4. 4.1 of the SWDM Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. A temporary drainage swale and other erosion control BMP have been implemented during construction of both on-site and off-site improvements. Similar erosion control BMP will be required during home building construction. 4. The applicant shall apply straw mulch to exposed or disturbed areas every day that clearing, grading and /or construction activity occurs on the site. The applicant bas implemented the erosion control and source control BMPs as detailed on the approved site construction drawings. 5. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. The Contractor implemented the erosion control and source control BMPs during construction of both on-site and off-site improvements. Future erosion and sedimentation control BMPs will also be required during future home building construction. 6. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. 2 RENTONPLACEDIVISIONIIIFP.DOC/ ) Ongoing reports on the status of the erosion control plan have been submitted by the project Engineer to the public works inspector. The Project JEngineer (Matt Weber, ~lL, Inc.) performed numerous site inspections during construction. Iln addition, the City of Renton Public Works Ilnspector performed numerous site inspections. The improvements !have been inspected by the Project Engineer as well as the City of Renton for compliance with the approved site development drawi11Dgs. All improvements appear to be installed per plan and functioning adequately. Iln addition, a set of record drawings has been submitted to the City of Renton. 7. The applicant shall follow the recommendations of the geotechnical engineers, Nelson- Couvrette & Associates, Inc, in their report, dated March 13, 2000, during project design and construction. The applicant alllld his contractor have followed the recommendations of the geotechnical reports that have been prepared for this project. In addition to the Nelson-Couvrette & Associates, Inc. report, dated March 13, 2000, additional geotechnical evalunation and testing bas been performed during project design and construction. · · 8. Houses on the new parcels within this plat shall have approved sprinkler systems installed The future houses within this plat are to have approved sprinkler systems installed. Each water service for each lot has been adequately sized to accommodate a future house fire sprinkler system. 9. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of$75.00 per each new average weekday trip attributable to the project, estimated to be 9.55 average weekday trips per new residence. The Transportation Mitigation Fee is due prior to the recording of the plat Ti"ansportatioDll :Mitigation Fees have been paid. 10. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $488. 00 per each new single family residential lot created by the proposed plat. The fee· is due prior to the recording of the plat. Fil"e Mitigation Fees have been paid. 11. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of $530. 76 per each new single family residential lot. The fee is due prior to the recording oftheplat. Parks Mitigation Fees have been paid. . . ,' . ., . 11. In aqdition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures, which were part of the Environmental Review Committee Threshold Determination. The applicant has complied with the Mitigating Measures which were part of the issued Environmental Review Committee (ERC) Threshold Determination. 3 RENTONPLACEDIVISIONIIIFP.DOC/ ' . 2. The applicant shall either draft and record a Homeowners ' Association or a maintenance agreement for the maintenance of all common improvements, including private stormwater facilities and utility and other easements, , and other common areas. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. The applicant bas prepared a Homeowners' Association Agreement for maintenance of all common improvements. A draft of the CC&R was enclosed with the final application and was reviewed by the City Attorney. The CC&R will be recorded prior to recording of the final plat. 3. The applicants shall submit a detailed grading plan that complies with the Nelson-Couvrette geotechnical report recommendations, the Conclusion of Law No. 7 above regarding rockeries, and that indicates the location of building pads (or building envelopes) for Lots 2 and 4. The detailed grading plan shall be subject to review and approval by the Development Services Department. Compliance with this condition shall precede recording of the final plat. The Applicant has compBied with the recommendations contaiu:ned in the Nelson- Couvrette geotecbnicaB report, as well as supplemental geotecbnicaD recommendations from investigations perfoi"med during 1the fnnal engineering desiigun. The site development plans prepared for the project show proposed location of building pads for anl Dots including proposed finiisb floor elevations. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process· and therefore should be approved by the City Council. RIECOMMENJDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording ofthe plat. SUBMl['fTED TIIIS 14TH DAY OF MAY, 2004 <' 4 RENTONPLACEDIVISIONIIIFP.DOC/ fl~~ DEVELOPMENTS~·. . ~· lEXIHDI.BllT "A" Tract 45, N.H. Latimer's lake Washington plat, as per plat recorded in volume 6 of plats, page 70, in king county, Washington; Together with the south Yz of the portion of vacated south 129th street adjoining; Together with portion of vacated northwest 3rd street adjoining as vacated by city of Renton ordinance no 4259; Situate in the city of Renton, county of king, state of Washington, • ·y' S. 128TH ST. Cf) w > <I:: :c 1-"<;j- CX) NW 3RD ST >-. w >- _J s:: _J 0::: ~ U- AHBL, INC 2215 NORTH 30TH STREET, STE. 30 TACOMA, WA 98403 253-383-2422 S. 2ND ST. S. 3RD ST. , S. 19TH ST. Cf) w > <I:: ViC~N~TY MAP a SCALE: 1 "=1 MILE • PARCEL 4204400206 ~ .. ~;: . ·,.:· '······;- Ir'' ' .t '·. ·:·· ......... · .. :~. . . • :/,,_; '. ,~.~,F -'f : . . . :.. --··-·-·· _ l_ ·;:--... , I ~):JJ ' " ·LL {_-r-·, .... ,) I . 7 I -''-......... ........ 1-1 r I I I 8 I I I 160' VAC '··-_.L ~ I : 1 1 .AREA : j:_RE';<.--_,, L10 '!' -- . L I 4983. Cl 4985 7 : I ~~.:> -g L -, . ·II I tj • !" I ,.. --. I I ~O) __ 50· L ~j"."'" I 8 ------JO' .. ·13 0 '.JiOl 50' - ,ii-, ~ ·. z r-~-_. -1·· 5 I j0'-:--- 1 g I .. r------i~J \ c=i -a--:-:: ,--l C'.I i P5s '~' l"'l cc. ' .. )1 \ ~·. ,·. ·.· ) :;.;. ,·.·,,,,.•·. I ,.. . I I I I L AREA = . ARE~ = 74S8.541 6989.30 PROTECtt.D SLOPlt _ ~ EASEMENT ~ _ 1 I] r2 I fAAEA = 4992.36 tL ~"' I ;C.,, ~ 1 AREA~ II \ 499,.24 9~4 { ·t····•c~·,·.···1tf?I " 71:i tT IIIO! TIit q'flif ~-t;.?, ,f~-. '~ -· ... -····· ----··-,..;:.;;.:-~ ... ·---------~---.. ··-··1-···zr--_. •. ,. ' · ·~,r@;~, • ... 1h$ ,.~~ftihiii~rnR$iflW ,:~-· . J\'v . "7' ···~1t'*P17~·wg3,11t&t1~--w-1 -&Ar I I ~,wi,-a :\, • £1. L.· ·, /i/1 ___ Jr·-. - - -_..._! __ _ l - p"W., .... ,. 976.761 -----···-.. ~-#-··-.. ··~··--·~·¥·······--~ .. -· _\ . [!fj~, -__ 7 :.y .. ; .~1t ~. <h: m&G~:~~/W ..... :: /}.:.·1 I -~~r1' ~:-------,. .1. . I ,•·.·1:, .. ?.,,,. :1 '·. ·. ·•t. ·::J/. .·.•( ... ~ ,•. ::.·~\. .. •, • • : ~ I \ x.=----~ ~--·--·· ~---=--·' 7+.a:G ------'l:.~ ,.go,,-@• •§li7A4 '~ .... City of Reim ton InterOffice Memo To: From: Date: Subject: Larry Warren, City Attorney Ameta Henninger 4 ~ May 14,2004 Renton Place Division ill Final Plat LUA 04-032FP • Attached for your action are a copy of the agenda Bill and a draft version Resolution for the Sunnybrook Final Plat. The proposed date for consideration by the Council is May 24, 2004. If I may be of assistance in expediting this request please call me at 430-7298. Thank you. CC: Kayren Kittrick Yellow File LUA 04-032FP DATE: TO: FROM: SUBJECT: • CITY OF RJENYON JP>JLANNJl:NG/B UiJLDJING/PUBJLI C WORKS MEMORANDUM May 14, 2004 Arneta Henninger Sonja J. Fesser .:)'f:,~ Renton JP'lace III, LUA-04-032-FJP' Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: It should be noted that the City of Renton retains the utility easement over that portion of NW 3rd Street, as vacated per Ord. 4259 (King Comity Rec. No. 9002282040). That fact is not clearly stated on the plat drawing (Sheet 3 of 3). The reference to "AT&T CABLE TELEVISION" in the "EASEMENT PROVISIONS" block (Sheet 1 of 3)should be changed to COMCAST. We as·sume that the Declaration of Covenants, Conditions and Restrictions document is what is called "PROTECTIVE COVENANTS" on Sheet 1 of 3. In our previous review, dated March 31, 2004, we stated that the legal description (Exhibit A) attached to said document incorrectly noted street name NW 3rd Street as "NE 3rd Street". · Show the width of the storm drainage easement across Lot 3. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-10 -Plats\0356'RV040512.doc I~--- DATE: TO: FROM: SUBJECT: • • CITY OF RENTON PLANMNGIBUILDlING/PUBUC WORKS MEMORANDUM May 13, 2004 Bob Mac Onie Sonja Fesser, Technical Services Arneta Henninger, X7298 /l ~ RENTON PLACE DIVISION! m FINAL PL.AT LUA 04-032FP MAPLE AVE NW, UND AVE NWAT NW 3RD Pl FINIAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar," please sign this memo below and return to me. Thank you. Approval: Approval: cc: Yellow File Robert T. Mac Onieu Jr. Name Title Date Mapping Coordinator ~ : A~19ctv"AL-lb <=b~ ~ i1-tE A:lTA<:::HED HJ:::HC> · Printed: 05-12-2004 Payment Made: tlrn OF lll!EN'JI'ON 1055 S. Grady Way Renton, WA 98055 lLaHll.d lfae .Actirnms fRECE!PT 05/12/2004 03:51 PM Receipt Number: Total Payment: 19,085.11 Payee: JACK McCANN iNC Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check #3668 19,085.11 Account Balances Amount 5,838.36 5,368.00 7,878.75 Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5023 0 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5045 304.000.00.345.85 5050 305.000.00.344.85 5909 000.341.60.00.0024 5941 000.341.50.00.0000 5954 604.237.00.00.0000 5955 000.05.519.90.42.1 5998 000.231.70.00.0000 Conditional Approval Fee Comprehensive Plan Amend Fire Mitigation-SFR Traffic Mitigation Fee Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax .00 .00 .oo .00 .00 .00 .00 .oo .00 .00 .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo .00 .00 .00 R0402490 Remaining Balance Due: $0.00 ·, _' ·. ·-_ ·, ~; ', < :· ·.-:-.. -.. ' '..' ~ - . -.:· . -. CCJI'EY ( )F RJEN.Jr(Q)N. · · ; · .bffic~~ odh~-c~ty Attgrncii •·. ··--'-~.:: > ·c· . . . ,, -~: ;> '1 .. ' ·-· .. _MEM:OJRANDlUM. · --: .--,, ·-.. :·: . , ~·, . . Lawrence i Warren · .. Assistant City Attorn~ys . Mark Barber , . Zanetta L. -Fontes. :-'. Russeli s. Wilson .. ·:_ ;• A~n S. Ni~Ise"n : ·• .. ·: ,. -·. ,·-. .· :s~s~~ i,: -Af~s~i . -~ -. < ..... _ ..... · . ·. - . -·tr>.: 'fo: :. .... : J\rrietaHe~ger;J>ijPW. : . >. ".·-~aj=-"~rON ~~--::' -, ·~: ... ---.~~ -·_,: . . ·. ~~tfgO·~ill ·'.""_Ftom::. ::·.Date:. · / Simbjecf: , .. -.. ·" ! I.' .'', · · ' :·_ .· .-L~~e~~~)." W~e~-c~/Att6m,ey · , . · ··MafJo,2004 . . -. .:,·-·_'.:_:MA'! _:Ji.mn~<.:·.·. · • c · Declaration "ofCo\l.enants; Cond1.ti~ns and :Restrictions. · · . , , : -.~UJlOJNp 03~~10;~0: : . f tiA;,U~~§iKlri It[ F~ Pl,\! /> ; . . < ; . ' . •. ~-. ·.. --\. . ":.. ' ~ .• · ·-•• _--_' • -: ••• f •·• _,·,_,, · .'Th~J3xattiirier's a~6i~i~n rei~r~jd :trtilitie~ aitd ,o~e~: easeinen~s-,:ana ~th~~ -co~~1i ateas·.: <n1~. ,' : :- :: CC~R.'' s, o.n.:~g¢: 2 it~fm~s :the term::.cAI wi(htilit r~f~terice'·to.:the~leasdin~tiis ·~d other cC>irundil ;>.. . . . · ' ' · 'ate?5{butdo~s t~fefto th~ privatti st9I1J1 drain. system,.and a proiecte,fslope easeiri~nt,. ·: "':··· '; ' .. '· , ,_.;_. · .. ·. : .· . -. .. ,_ ., --. . .. . . '. ' _. - -. . .. ., . . . . . --. -. . . <' • ~ • I .· -Arfthere bther'c~~n areas besid~s. th~ ~lope ease~ent arid·the pri¥ate storrii d;~mage? ·is<there . < ' , . . any-)llllfiltenance ror: the {!tilities _and pther'_e~e~ents~ If.these t_WQ· cit:1estions 'ca~. be. answerid ' . ' ·': . "no"~ the CC&R's. are· ipiproved."~ lf ~ither qrie~i~ri: CB;D.: be. ans eretf '.i~s'\ the1(the-defin.itio~: of,. . ··. : ·. ,:.\-:: ;i' cAf~e.$to_be-~~~nde~.... , . ::·. ;"·· . . ·. :-. . ··, ··: ., ... , ' · .. : ·::· :. ·.:t: .... _ ·:·· . . '' ..... ,. -.· :::_··,.-· ; --:-' -. ' . ' . ... -, ... : -• LJW. ·,'.tm·· 1i. .·_ .. · , ~ . ~-.. . -~--:l .... .I. ,.,,. . '~c:·. ,:Kayren·!Gttric~ .. ' ' ··: -~ ' . · .. · . : .. Gregg A:Zimme~ PE, . _Jay Covjrigtpn ·._ · . · · ... • .. ,. . . . . '. · .. : -.·~-~-; ..... ·, ,, ;·.,. :· .•·. '; . , ... -~ ~ -.. ,: . . --~ . :.: . ·/_ . ~-. . . . ~ ' ·- :.',-·.--·· . · .. _ '" .... ·~·, J·.'·.1 • • ~ • . e • ·<.. '· .. -, ·. ~ -.. - -·,. .~ .. -:-· ·.: . :' .. ~ ~ '-. .-. ~. ·. ·:. PostOfffo~ ~~* 626: Reriton, Washing!~• ~soS1 -(4;sii~;,s6181 l'AX c42spss-s474 .. • R E N .'f b N. ·. ·;, . , '.·· · .• • •.. ·: .. ~-, , . ·-.. @:l}u;<~contalns50"4:~"'.1.~'30%post~ . · .: "" .. ·;-~HE-AD OF T 0 !f~;_'~.U:RVE ?·,•-,,_ City of Renton I1111te1rOflke Memo To: From: Date: Subject: Larry Warren, City Attome11 Ameta Henninger tJ f May 6, 2004 Declaration of Covenants, Conditions and Restrictions RENTON PLACE DNISION ill FINAL PLAT LUA 04-032FP • Please review the attached Declaration of Covenants, Conditions and Restrictions as to legal form. Per the Hearing Examiner's report under Decision item 2, the applicant shall draft and record either a Homeowner's Association or Maintenance Agreement for the maintenance of all common improvements, including private storm water facilities and utility and other easements, and other common areas. The attached Declaration discusses maintenance on page 3 under Article 1.2.10. It also discusses maintenance on page 5 under Article 4. A copy of the Hearing Examiner's report dated January 17, 2001, is attached for reference and your use: This plat will be ready to submit to the City Council end of May 2004. If I may be of assistance in expediting this request please call me at 430-7298. CC: Kayren Kittrick Yellow File LUA 04-032FP ) ) Jack McCann Co 1900 S. Puget Drive #200 Renton, WA 98055 ) (Space above this line for recorder's use only) DOCUMENT TITLE: Dedall"ation of C9venants, Conditions and Rest!l"ictions ofRen,toim lPHace Division HJI .. . REFERENCE NUMBER(S) OF NIA , .. ,,,, .. RELATED DOCUMENTS: ' .. Additional reference numbers on page( s) N/ A of document. GRANTOR: 5'Ja~k McCariri Co, Inc. -:=~ .• -,. . GRANTEE: PJ_.:~t o.fRent<:>~ Place Division III . --- ABBREVJIATEDLEGAlL . >··.:-~"· TRACT 45, N.H. LATIMER'$ LAKE WASHINGTON ······· DESCRJIJPTIION: PLAT.ACCORDING TO THE PLAT THEREOF, ••••••A _.C:}~/ r.8ECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN .. .... ... ···=·; .. • KING COUNTY, WAHINGTON ... . ' ......... . · Additional Jeg;fon'pc:tg~''t~;e>f document. . ·;·:.:, ·-/'.<..:.· . ",). ASSESSOR'S TAX JP ARCElL 420440-200 ., ..... NO(§)~ THIS DECLARATION is made this 10th day of April, 2004, by the undersigned, hereinafter referred to collectively as "Declarant." DESCRIPTION OF THE LAND A. Declarant collectively owns certain real property located within the State of Washington, which property and improvements are commonly known as the·Plat of Renton Place Division III, located in King County, Washington, and legally described in attached Exhibit A (the "Project"). 1 33711 l.2/020894.00001 ) • · B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as a conduction of the plat the developer has install mail boxes stands a private storm drain system and has established a protected slope easement to be know as the Common Area Item (CAI) that must be maintain by the home owners within the Project, Declarant agrees to provide herein for a method of payment for said Maintenance. · NOW, THEREFORE, Declarant hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference ~11 provisions of this Declaration. The provisions of this Declaration shall be enf<>,rceable by Declarant, any Lot Owner, and the Association. ARTICLE 1? IN'fERPRETATU:ON 1.1 Interpretstion. The prov,isi_ons of this Declaration shall be liberally construed to effectuate its purpose of provi~ingJ<>r, streetJjghting forthe Project. It is intended that this Declaration shall be operative_afa:s~t ot covenants running with the land, or equitable servitudes, binding cm Decllltant, its successors and assigns, all subsequent Owners of the Proj~t orijµy Lots;:;together with their grantees, successors, heirs, executors, administratots, deviiees .or assigns. Declarant is the original Owner of all Lots and Project and wili'con!inuit{i be~iie~med the Owner thereof except as conveyances or docutnep.t:s <}hanging such Ownership regarding specifically described Lots or portions ofthe.ProJ~Ct•,arefi\ed ofrecord. Captions given to the various articles and sections hereiii_(lfe for conveniente only and are not intended to modify or affect the meaning of any ofth~ substantive provisions hereof. 1.2 ]i)efmitions}' 1.2.1 "Association" shall mean the Owners' Association provided for in Article 2 and its successors and assigns. 1.2.2 "Board" shall mean the Board of Directors of the Association provided for in Article 3. 1.2.3 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.2A "Declarant" shall mean the undersigned (being the sole Owner of the real property described in Exhibit A hereof) and its successors and assigns if such 2 337111.2/020894.00001 ) ) successors or assigns should acquire more than one undeveloped Lot from the Declarant . for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. . 1.2.5 "Declaration" shall mean this declaration and any amendments thereto. 1.2.6 "Lot" shall mean and refer to any plot of land shown upon any recorded plat map of the Project. Lot shall not include any land shown on a plat map but dedicated to the public or to a governmental entity. 1.2.7 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, indµg.ejmy person of record holding a vendee's interest under such real estate contrac;~/to the exclusion of the vendor thereunder. Any person or entity having such an interest merely··~··!,)ecurity for the performance of an obligation shall not be consider,~d an Owner. ··;:';;: <,v 1.2.8 "Person" shall include nattirhl persons, partnerships, limited liability companies, corporations, associ~1.i<?~ and pers()11al representatives. ·~:,~I~~i· 1.2.9 "Project" shall mean th~ reai:e~tate0 described in Exhibit A and all . improvements and structures thereon,, 1.2.10 "Privaie.StormJ)rain System" shall mean 10' pipe that must be kept mainJainea·oy home owner see Exhibit B for location. 1.2.1 L· ."ProtectecLS1ope Easement" shall mean the real estate show in · ·Exliibit~C thislcproperty is maintained by the home owner and must ·,".'... be kepf~lean 6f trash · 1.2:"!2•."Mail Bo:x Stand" see Exhibit D for location of the mail box stands ·ws sµwds must be maintained by the home owner ·,-·.\/:,f~F AR'fJICLE 2 OWNERS' A§S0Cl1A1'.U:ON 2.1 lEstalollislmment. There is hereby created an association to be called RENTON PLACE DIVISION ill HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 2.2 Form of Assocnation. The Association may be an unincorporated association or a nonprofit corporation formed and operated pursuant to Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration 3 3371 l l.2/020894.00001 ' and the Articles ,of Incorporation or Byl~ws for such nonprofit COqJOration, the provisions of t!tls J?eclara(ion ~haJ.l prevail. · · · 2.3 Membership~ 23,J:. Qualification. Each O~~r of a Lo( in the. Project· (including . Dyclarant) shall .be a 'inember of the Association and shall be entitled to one. membership for each ·Lorso: owned, Ownership ofa Lot shall be the so.le qualificatioi1 for membership in. ·. . the Association. . 2.3.2 Transfer of Membership. The Association membership of each : · Owner (including Declarant) shall be appurtenant to the Lot giving rise to such . . membership, and shall not be assigned, conveyed, pledged or ~ienated in any way except . · . · upon the transfer of title to said Lot and then only to the transfe(~ of title to such Lot Any · attempt to rwke a prohibited transfer of membership shall ~:,;V9id. Any transfer of title to a Lot shall operate automatically to transfer the membersNp'in·,~e. Association apRurtenaqt . thereto to the new Owner thereof. · ... ·: " ~:*', . · · ,•":,.»><,' 'c;>• ", . 2.4 V~timtg~ The total voting power~fall Qyvners shall:·r~qualthe number of.·· Lots at' any given time arid the total number of ~Hie.s~iiV~labl~ to Owners of any' one Lot . shah be one (l) vote. For purposes of d~!t!!.lllini11g·ili~jp_ercentage of Owners approving a proposed decis,ion or: course of action, iiii';owµ~r shaiF~; deemed a' separate Owner for ' each Lot owned. · ·'. '~ "' :;~·~,~~~~~~~,icr~~i{i:;;1~ ' · · · 2.5 Bylaws of Asso~i~tiri~ Byla,\'¥~ .for the achninistration ·o:f the Association· and the Pi:oject and to furthe,t~pte in!~~[9(twf!)eclaration, may. be adopted or amended by, " _--------.•.•... .:.,~-:."--···_,.iL., .. --:··:·'"'·' .... '· - -• -. the Owners at a regul.ar or speciatmeeting;··provided, that the initial Bylaws shall be adopted .· by.Declarant In thi,ce.i¢i!,t;,,ro{~f"~onflict~be~eei1 this peclaration ·and any Bylaws, .the .. provisionsofthisU&larati8i:i\~alf'p~~yaiL . ·· .. · ·. · . ·.. , ·. · ·. . . · . .· -.-,i'.S:~;. . -v-,.,;1,..-. k_/' ----·--.· "'\~~'~:..\,., '. :t~?: ,:;.i;,: .. , /jt~" · ARTJICLJE 3 'MANAGEMENT OF THE ASSOCIATION. . 3 .l . Management by Deci~rant~ The. Associatibri shall be managed on behalf· . ()f the Owners by the ·oeclaiant until the earlier of: (a) one hunqred twerity }120) days , . after Declarant ( or any successor Declarant) has c<,mveyed all Lots to individual Owners; . · or (b) the date on which Declarant elects.to perrrianfntly relinquishallof ,its authority· .. ·. under this St!ction by written notice to all Owners .. So lcmg as D~clarant is managing the. . Asspdaticm; Dt!clarant or a managing.agen,t selected by Declarant shall have the exclusive. power and authority to exercise all the rights, duties and functions. of the Board and the Association set forth or 11ecessarily implied in. this Declaration. 3 ;2· . M~nagement .by Elected Board of Directors.: At the expiration of · Deciarant's 111anagemeni authority under Section 3 .1, power and authority:shall vest in the . 4 ' . 337111.2/()20894.00001 ) ) Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent· or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 3 .3 Autlmornfy and Duties of tine Board. On behalf of and acting for the Association, the Board ( or the Declarant or Declarant's managing agent as provided in Section 3 .1 hereof), for the benefit of the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including but not limited to the following: --,··· 3.3.1 Assessments. Establish and collectr~gµlar assessments (and to the extent necessary and permitted hereunder, special asses~n.:ieiits))o defray expenses attributable to carrying out its duties hereunder. The Associatioiirnay impose and collect charges for late payments of assessments · · ... . . . . 3 .3 .2 Enforce Declaration. E~dtce, the applicable provisions of the Declaration. The·remedies provided herein.,are cumtilative, and the Board may pursue them concurrently, as well as any other remedi~stbat mayJ,e available under law. . ' ~. · .... -·' ,,.. . ' 3.3.3 Contracting and lPaym~nt for Materials, SeJrVnces, etc. Contract and pay for any materials, supplies, labor or ~rvices which the Board should determine • are necessary or proper for,qt>laining:thejns~(ation and maintenance of Street Lighting or for the enforcement of this:Q~gJ~afiori, including legal, accounting, management or other services, and incll!di.ng. a poJfoy or policies and bonds of liability or fidelity coverage for Association Board menibe~(iricl.uding Declarant), officers, employees or agents. In the · discharge of its duties and the''~iercise of its powers as set forth herein, but subject to the limitations set forth. h.~rein, thetl3oard may borrow funds on behalf of the Association. . .;/··:!'' . 3.3.4 Arllditionall Powers of Associatimll. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE4 REQUIREMENT TO JP AY JFOR MAINTENCJE COMMON ARJEA ITEM 4.1 RegURirement to lPay for Street Liglmtfumg. The Board is specifically authorized to contract with License Contractor,-and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. The Association, on behalf 5 337111.2/020894.0000I. ) ) • of the Owners, shall be responsible for the payment to License Contractor, other and/or the City of Renton for maintenance CAI and for the payment of all charges associated with the CAI. All Contractor bills and other costs associated with the CAI shall be assessed to the Owners in equal shares as assessments in accordance with Article 5. In addition to the lien rights of the Association under Section 5 .1, in the event of any failure to pay Contractor or the City of Renton any charges or other costs associated with the CAI, such unpaid assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and a continuing lien upon the Lot or Lots against which each such assessment is made. Nothing in this Declaration shall require the City of Renton to pay for the cost of CAI. ARTJICLJES ASSESSMENTS 5.1 Creation of tlbte Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby £()Ven~ts, and each Owner of any Lot by acceptance of a deed therefor, whether or not it~hall be so eJ<.pressed in such deed, is deemed to covenant and agree to pay to the Association any assessrriei:it, duly levied by the Association as provided herein. Such assessments~together'with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the limd and shall be a continuing lien upon the property against which each such assessmenfi~J:Ilade. Each such as·sessment, together with interest, co~, late charges an.ct reasonableattQrneys' fees, shall also be the personal obligation of the person who was the O~er:of such property at the time when the assessment fell due. The personat9bligatioilI(}f<lelinqu;~t assessments shall not pass to successors in title unless the lienifor"such delitjquent assessments had been properly recorded prior to title transfer:Or unless,_e~pressly-assumed by them. Provided, however, that in the case of a sale of anyLpt-jliich is charged with the payment of an assessment or assessments payable inj~tallments, the person or entity who is the Owner immediately prior to the date of any' such :sale shhlJ_,J,e personally liable only for the amount of the installments due prt9r to said date. The new Owner shall be personally liable for installments which ~ome due Qh and after said date. - 5.2 Unifonn Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be fixed at a uniform rate for each Lot. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 5 .3 Man1ID.er and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at twelve percent (12%) per annum, and the Board may also assess a late charge in an amount not exceeding twenty-five percent (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days 6 33711 l.2/020894.00001 ) ) 5.4 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 5.5 JLien. In the event any assessment or installment thereofremains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the.notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded. Siiitfo.recover a money judgment for unpaid assessments or charges shall be maintairic.tble with Qr without foreclosure or waiver of the lien securing the same. 5.6 Waiver of Homestead. Each O~~!:~hereby waives, to the extent of any liens created pursuant to this Article, the benefit ofiny homestead or exemption law in effect at the time any assessment or instajlmei:;!t:,t!t~reof becomes delinquent or any lien is imposed pursuant to the terms hereof. ,,J;;t-/;:,c;.v · 5.7 Contim.1.ing Li2bilify·, foll" Assessments. No Owner may exempt himself/herself from liability/or his/herA~,~e~sfuents by abandonment of his/her Lot. 5.8 Recoll"ds;·Financial Statemeimts. The Board shall prepare or cause to be prepared, for any Cfi]ehdar year.in which the Association levies or collects any assessments, and shall distril:iute. to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified.bithe n~ber of the Lot and the name of the Owner so assessed. The Board shall cause detaileg)and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and· any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 5.9 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by. the assessment lien upon any Lot shall be conclusive . upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any 7 3371 l l.2/020894.00001 _) Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 5.10 lForecilosu.iure of Assessmellllt Liel!D.2 Attorneys' Fees 2ll!lol Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 5.11 C111ri.l!D.g of JDefam.Bt. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction,ofJl delinq-qe.nt assessments set forth in the Notice,. and all other assessments which hav~ become due and:p~yable following the date of such recordation with respect to the Lot as to which.,such claim.of lien was recorded, together with all costs, late charges and interest whic:1:i.~\re accrued thereon. An additional administrative fee of not more than fifty .. dollars ($50]JO) covering the cost of preparation and recordation shall be paid to the AssoJijtionpri()r to.;,§ucl:i action. ·The satisfaction of the lien created by the claim of lien shall bt{~xe~u,t&i:J,y the president or treasurer of the Association or by any authorizedrepreseniative of the Board. For the purposes of this paragraph, the term "costs" shalrinclude costs and expenses actually incurred or expended by the Association in connection withtli~~Qst of preparation and recordation of the claim of lien and in efforts to collect ilie·delinquentassessments secured by the lien and a reasonable sum for attorneys' fee.s. · · ··••······· .· ARTICJLE 6 .. /: . . JLIMJf'f A'fION OJF JLJIAB]LU:'fY 6.1 No JPeirsomil-JLiability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or . prejudice suffered or claimed on account· of any act, omission, error, negligence ( except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 8 33711 l.2/020894.00001 ) 6.2 Ilnullemnific:iition of Board Members. Each Board member 9r Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/she may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person · is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of his/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section shall, however, be deemed to _C>JJligate the Association to indemnify any Member or Owner of a Lot who is or has beena Board member or officer of the Association with respect to any duties or obligations assuni¢ or liabilities incurred by . him under and by virtue of the Declaration as a Meml;,¢r or Ownet:t:>( a Lot covered thereby and not as a Board member or officer of the Association. · · · ··· .... ARTilCLlE-7-:, ..... ·••··· TERM OJF DECLARA.TilON 7 .1 Duration of Covenants. The covefilmts contained herein shall run with and bind the land for a term of thirty .(3~},years from'ihe ~te this Declaration is recorded, after which time the covenants shalJ.,peatifoinatically extended for successive periods often (10) years each, unless the Ownenfexecute.and.record an instrument abandoning or terminating this Declaration. ·. · .. ···::::c:.~ . . --ARTilCLE8 MilSCELLANEOUS .r-i}~\~ 8.1 None~.:~ Any~'written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received three (3) business days after a copy· thereof has been deposited in the United States first-class mail, postage prepaid, properly addressed as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. 9 3371 l l.2/020894.00001 ) • ( c) Prior to the expiration of the Declarant's management authority pursuant to Section 3 .1, noti_ces to the Board shall be addressed to the address set forth in (b) above. Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, ~thin a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 8.2 SU11ccessor and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. ·8.3 Joint and Several 1Liabilify. In the case ofjoint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shallbe joint ru1d:several. 8.4 Sevennll:>ility. The provisions 4.¢ieof shall be deemed independent and severable, and the invalidity or partial invalidity or:@enforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. ··-.... ~:· '•., ·.;,:.: .. . :, ''.<.-.,. 8.5 Attorneys' Fees. In any action t~~iiforce the provisions of this Declaration, the Articles of Incorporation or tli~:-8.Ylaws, fl,le(prevailing party in such legal action shall be entitled to an award for reasonable ·&ttorneys'fees and all costs and expenses reasonably incurred -in preparation for-.,~( prosecution of said action (including in any arbitration, on appeal, or in any bankruptcy proceeding),-in addition to taxable costs permitted by law. 8.6 Ammeu:ndme;tJ:{,N~iilierArticle 4 nor any other provision of this Declaration relating to the Stree~ Lighting may be amended without the prior written consent of the City of Kent. · :----- 8. 7 Effective Date. The Declaration shall take effect upon recording. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year firsthereinabove written, D ECJLARANT: Jack McCann Co, Inc., 10 337111.2/020894.00001 • ) a Washington corporation By:~-------~ Its: ________ _ ) 337111.2/020894.00001 . 11 ) ) STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that---------- ---is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute this instrument and acknowledged it as the -of Jack McCann Co, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: , 2004. ------- Print Name: ---------~-----NOTARY PUBLIC in and fotthe State of Washingto~,:residing at ___ -_·-----___ _ My Appointrnent .. e.ipires: ., ........ _::_·."/ ------ 12 3371 l l.2/020894.00001 ) ) • IEXJHDLBJIT A Legall ID>esciription:n oif the JP'iroject EXHIBIT A TRACT 45, N.H. LATIMER'$ LAKE WASHINGTON PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WAHINGTON. TOGETHER WITH THE SOUTH HALF OF THAT PORTION OF VACATED SOUTH 129TH STREET, ADJOINING. TOGETHER WITH THAT PORTION OF VACATED NORTHWEST 3RD STREET ADJOINING, AS VACATED BY CITY OF RENTON ORDINANCE NUMBER 4259. · ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION18;TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY,:V\iASHINC3TON. ,, .. 13 337111.2/020894.00001 • I ) _) EXHIBIT B 10' PRIVATE STORM DRAIN EASEMENT NW 3RD PLACE (S. 129TH ST.) . LOT 5 ~~ LOT 6 _ SOUTH LINE VACATED ~_A-3RD.J:'LAC~ __ _ V.j LOT 4 10' PRIVATE STORM ~ DRAIN EASEMENT ~ z z LOT 8 . . w w > > <( <( LOT 3 w C _J z Cl.. _J <( ~ LOT 2 LOT 10. LOT 1 -NORTH LINE VACATED NW 3RD STREET • • EXHIBIT C PROTECTED SLOPE EASEMENT NW 3RD PLACE (S. 129TH ST.) LOT 5 LOT 6 _ SOUTH LINE VACA TED __ 3RD PLACE __ _ LOT 4 LOT 7 :?; :?; z z ////////////////// LOT 8 . . w w ////////////////// > > ///////////////// ) <( ~~Tti-L!.~ ...QF _!AS~~NT/ <( 0 LOT 3 w _J z a... :J <( :E LOT 2 LOT 10 LOT 1 . LOT 11 -NORTH LINE VACATED 3RD STREET NW 3RD STREET . --~--.,,..,..--:---.. -····· .... ------·--·. ---: ·------,------... ) -- Mail Box Location I I l · I I ~d r r rn AH!l.. JOB NO .• ~-10 . __ --~---·· • EXHIBIT D .) ROITON PL<CE OMSION IU RENTON, WA BUILDING PERMIT EXHIBIT '· Acm: 00«:Cll\NN <C<O>R/i!JP'&, ffi(C. ; S~O South P·ugetDrive: Suite 200 · . 0 Renton; WA 98055 · Offic-.: 4?5 271~0050 °' Fax 425 271-4529 May 6, 2004 Kayren Kittrick Development Engineering Supervisor Public Works Inspections & Permits· City of Renton 1055 South Grady Way Renton, WA 98055 RE: Renton Place III Plat, Final Inspection Kayren, BUILDING DIVIS40N . Thank you for your assistance is getting this project finished up. We are in receipt of your March 11, 2004 letter and wanted to inform you that we have completed all items. As you are aware, the power pole item was addressed yesterday with the Board of Public Worlcs accepting our deferral request. We will. work with PSE and the neighbor to get this item handled. An assignment of funds is being posted as required. Additionally, we completed the modification to the storm water detention system as shown on the AHBL. plans approved on 4/23/2004. We have notified Steve Pinkham of its completion. AHBL is working on completing the as-builts for the project. We are submitting a maintenance bond for the work. While we are still working on some parts of the final plat process, we believe that we are· now complete with all the construction relat(,!d items. Project Manager 425 271-0050 CC: Arneta Henninger; City of Renton Steve Pinkham, City of Renton Larry Locke, LH Locke & Sons Office, file copy ;. 't:. ' ~ .... . .. CI TY OF RENTON PBPLJ ASSrCNMENT OF FUNDS TO THE cn-Y OF RENTON 425 430 -.-~,a --APPLICANT: ~-c~._\l...,_ T (A. ,.-'£ M c. e, , .... V\ v,·. . Co \('Y\ ~ u"' "I BANK: Own'er: '· Address: \'Y\. (. ( u b "'.) Branch: :rt P L.. 1 fc\: \J.;, \·vc:. .;i._o u Address: TN nrrlc._ L.uA q'.FYO¢: Phone: Phone: JS-) ,305-'79-f'==, FAX: Attention: Title: 4: ).. S--;:;,. , I --'-'l s· .:::i.._ 9 . j"' ~ ~ ~ t'v\. '-C..o~"' "' ~~ Ii, 1 :!{.C..~ \'.Yl @'"--1 e. y- FAX: Attention: Title: The above referenced bank hereby certifies thatL0 j:\.oy';),.a..,J £,v~ hl-1.n AveJ O...VJ d il\1vie... dofiars {$ :t.s o er, o o ) is. on deposit in the account number Y 78,, <o l I 00 594 t.../ under the name of City of Renton, to secure the applicant's performance of the f otlowing work required in connection with t.'ie plat or proj~ct described below. Plat or Project: R eY)\ '"'\ £ L.,, e ill f, \ c:.. No. L U:V\ -Do·-o L\ :J Location/ Address of Pl~t or Project:._..,M.LJP>::..trul!=.c:---1.A:...l,..l!;·v-k..~.J..(\}.!!...'..!:'.:LJ!::::'......Q'-.1.L,!;,':}..c,Jt.,..._..C.b'-1.i'!l.11 ~c.l;.__L.l/t~vw:s:...._.1..,;IV;..:, ....... uJ~--· _ The required work is generally described as follows: The applicant is requesting a deferral for: I. Relocation of a power pole outside the sidewalk on Maple Ave NW. 2. Completion ofth~ remaining portion of sidewalk. The applicant is requesting 90 days for the deferral to complete recording of the plat. The bank hereby certify and agrees that these funds wj(I not be released without wrjuen instructions from an authorized agent of the City of Renton (the City). We further agree lhat lhese funds will be paid to the City wjthin 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice OT determination by the City and shall not incerplead or in -any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligacion co DCrform the reauired work is not limited lo the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicauL Applicant: Bank: ..!: u orized Signature · 1 ....J c..K \'Y\<;..Co...:o:o £y,rs;d.-yd Name. Title ' s-~l,,-oLf: Date Dare TOTAL P.02 KathyKeolker-Wheeler, Mayor -_.May~, 2004 Attn: Jeff McCann 1900 S Puget Drive #200 --_ -Renton, WA 98055 - SUBJECT: -Off .;,SITE DEFERRAL -RENTON PLACE m, LUA 00-047 MAPLE A VE NW & JLJIND A VE NW._ RENTON,WA_ . Dear Mr. Mccann: JRoaircll of JP'ubllnc Woirlks .-D~PMENT SERVICES - . «::1!1V OF RENTON .. _ - -MAY -_ o· 5 2004: ~-(CE~VEo·-_ . The Board of Public Works met' on May 5, 2004 _t~ review your applicati~n for a deferralfor - _-relocation of a power pole outside the sidewalk on Maple Ave NW ru,d completion of the sidewalk. Adecision was made to granfthe deferral for 90 days to· ~orriplete recording of the plat,· subject to_ the following conditions: -_ L: Toe applicant shall install cold mix Mphalt iri sections of the sidewalk to allow -pedestrian use until the pole 1s removed. · . --_ · _ 2. A security device, acceptable to t~e:Board, be in pla~e at ISO.% of the cost of the improvements ($2,508.47) to cover the_ deferred items. · · Pie~ find the enclosed se~urity device; compiete and return to the City of Renton. in the provided envelope. · · · As per Ordinance 4521, Section 4-:-34-14, you haw fifteen (15) days from toda}''s date to appeal_ -the Board's decision. Appeals are to be filed in writing; with the City Clerk and require a filing · fee of $75.00. · y OU tnay call Juliana Fries, Board Coordinator; at ( 425) 430-7278 if you have any questions or ne~d additional information. · · Sincerely, -~~-Q\A~~- Crystal McMeans Recording Secretary Enclosure cc: -Jack McCann, Property Owner Neil-Watts, Chairman .Juliana Fries, Coordinator Gregg Zimmerman, P/B/PW Administrator Amie Henninger, Plan Review Board Members · LUA00-047File ~ -'------,-----l_0-5_5_S_o_ut_h_G-ra_d_y_W_a_y---R-en_t_on-,-W-~-sh_i_Iig-to-n-98_0 __ 5-5-----,-,---'---R E N T O N , @ This paper contains 50% recycled materi;I, 30% post consumer AHEAD OF THE CURVE -· ·-:-.--• ·- Return Address: City Clerk"s Office City o!Renton lOSS South Grady Way Renton. WA 980SS mu.OF SALB 1be Qmnlwp m lllll1il!IICdl a1bove,, for, m COllml.8Sltio.n oil!lll!iml the tGra-, msJZilJlledl ~ &e ~dc&cn"bcd penopal p.tu:,µd). WATRSDD'!'.MI: Lall@ Sm 3'/3 LF.or :S:: · .. 3o LF.of t;, s . 2. LF.of ~of •of each of L.F.of LF.of L.F.ot mdiofl ea:daof amor ... ~ LP.c4 ll • L.P .. of 8 c:) U.of • eamot .. ~-b . .i.. /0 adilo! 3'f .., k 'I each of 'f 8 '" z Storm lino SiGDDLine Stmmlimc Stcml~ ~Otdn~ ~ l'ATUI /JAl,,us STlilQiTllMiltO~ (lcdudiDgC'Gd>. ~.~~hvcmmt) -~Gataa-.~ 6,SO LF. AspmJt~ ,s-oo w Cl!' ____ u.or ____ Widdl . . S'll'RD'l!' UGJm1'.IING: . -· . J#ofPC>Jes .. a, :t. By Ibis~ Grantorwill wmran2 md def"alll _ S&lle madeB!ltD the Gnmtce against ell tmd evcryp:ff!JD er~ whmmowc:r. 1awib1Jy clcimiog or to daim tile SZ!IIJD,. 1lus ccmveyance shl!ll bJad 1hc heirs, .accmars, ~ md assigasfoiever. . . 'i1 IQ It> I'\) .............. ",,, I I ,,.... ,,, ....... s ~~·· ---~ ~ ........... "'f,, '•, !f sc.:i : ~',,...... Coit;_;: •• ~ t11 M., : t!. - • . ~ ·~ '• \...-: I 111 1il ff~/~ c?' o ~\i1 I 1i "< •I\) Ol • _. O: ::: B' f:11' ~ < :co · r'" • ):,, Z: ,-, to C6 ; -rt\~: 0, "c> ~ ~.: fI1; t. t 1u·~-' ~~-• ,,, ~ ··•. .,,-,.-o:·· 0 .; . I "A. , _,? •' /'i: -,,;YG~·.......... ,,,___ go R' '•,, ON ...... -I!! Ii! ''''''"'''"'''" i'i.~J. ·.·.,··· l.l11lJ:1 111; iiU r11 ill; 1.siir l• 11'0 ~!:;_ia~ t.~i l i_ r~ia .t ~ 1 .... ~ ft I, ,If ~ ~ ~ f .l: W: 1:1' I ~l'ILi.~:li(J rf·~ n 1 I i i.11 t l 1 ~ : ~m I r ~ I 1· · ·<;k-lt -HI i · ,15~ m 1 1 1 5 U ! t ·1 l i r irl~ tr t. g l e t ~, rt '-t I~ ( i • ~ l fl t Su~ 1 u I' ,1a-Js , I ·11i,i t l i 8 • .s ' I I I I ' I I : I I I I I I I ._: f I I . i I I I i r ' t. 0 , r ... i I'll . HUH I ti~ ! • .;_; f. .· r: {jr ij ·S' [ l I Ill' ·~ ~ I I ~ l J~mi l f r · 1 t I r t i l J r l g f !f ~ if a t tr, ·1 f l . )t ' ' ' ' = u - ~ }'· -PROJECT CLOSING FINAL COST DATA AND JINVBNTORY SUBJECT: TO: ------CITlfPR.OJECf~; Re~+o" Pi. .JIC. Nmne of piOjec!t aty of R.:mca ~· wm-~~~-----~ WWP---------- SWP---------- TftO.. ----~----'XED-__ ~~---~~ Jae I:. ff? t'.'(7~"'.... t1o Inc = /9t}{z S. e~-,,1 :°0 #Lao _ ~~ .. iw• w4 9@:K : Pim RmC1!f SeCilon Pl.mmiD,g/BiJildiq!Nwc Worts 200 Mill AvmtlO Soudl lRCAfOn. WA. 980.SS DATE: ,;J .1-7 lo :/ P I lPer the request of the City of Renton, the following infonnation lis furnished c:onceming final! costs for iHDprovements installed for the above refcrel!lced project. · WATER SYS'IJN CONSDUC'IJQNOOSTS; tc:u&tla Sm: Type J'f 3 n:...P. ol 8 P.I. W'A'i!ERMAJN .1o JL..F. or t, " I> ."I: WA'JlEUWN ----LF.or " ___ WA'D31MABN ----ll...F. af ':" WAl'StMAJN __ S....__ EAmof 8 0.-X GA'Q!VALVE.9 ----ISACHof " OA'JEVALVES ----EAalor " GA.1BVALV!$ Z BACH of (e " HRS HYl>RANT AS.ffiMBLBl!S (Costoffin,J!lydmds~ bsi&ded ~) (Jncmdc F-ogineedng 811d ~ Tmt If liff)iaJNe SANITARY S6WBR SYffHM; Leogdl Sae ·zr" LIP'. or 8 ---L.F.of ___ LF.of -Z. BAoC EA.of --- a _'ryp 0. I. S&WJRMAIN SBWa.&aAIN. ---iEWB!tl\4AJN .. ~JIMNBOLBS a DtAMEJ'l!R~ ~~Cl!dSll!oaTa: o az()· ii~ .. $~0 TOTJU.ODSl"FOR SANITARY~ ffS11IM -$--.,9=-,-."""o""'z;...,.,-• STREBTUGHTING: Clad~ Jeag. Design Cos&s. a,, Permit.Feet, WA Sc Salell.Tulr) -I" ~pl., C>ot) . • .. ·.· , t/-;?5' ;; 71 -OVID Print signatory name Charles W. Jackson Jack McCann Co. 1900 S. Puget Dr. #200 Renton, Wf\98055 Dear Mr. Jackson: ) CCIITY \JJF RJEN1r0.N Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: RENTON PLACE 3 FINAL PLAT LUA 04-032 PLAT COMPLETION AND ACClEPTANClE OF l.JTIJLITIES REQUIRJEMlENTS U030681 AND U030991 RSTW3123 DlEC:ILARATION OF COVENANTS, CONll)ffiONS & RESTRICTIONS I was reviewing the Declaration of Covenants, Conditions and Restrictions prepared by your office prior to sending it to the City of Renton Attorney's office for review as to legal form. I could not find any maintenance responsibility references in your do~ument. Per the Hearing Examiner's report . tinder Decision item 2, the applicant shall dra.ft and record either a Homeowner's Association or Maintenance Agreement for the maintenance of all common improvements, including private storm water facilities and utility.and other easements, and other common areas. These responsibilities need to be included in your document before I will send it to the City Attorney for review. · I also noted the following items that need to be corrected in the CCR submittal. .. There are several references to Puget Sound Energy for the installation and payment of street lights .. The street lights installed under this plat are designed arid iristalle<;l per;_City of Renton standards and specifications. The street lights, once inspected by the City and approved by the City will be owned and maintained by the City of Renton. Edit the CCR's to clelete all references to Puget Sound Energy in the above scenario. There are no private streets oil or in this plat: Edit the CCR's to.<;lelete all references to private streets since there are not any authorized private streets in the plat. Renton·Place Division mis a final plat. Edit the CCR's to delete all references to short plat. . . · One last item to edit before resubmitting the cioc~ent to my office here in the City of Renton; please remove allreferences to the City of Tukwila .. Once these items have been fully addressed, please resubmit a copy of your CCR's to my office. I will quickly review the document then forward it to the City Attorney for review as to legal form, If you have any questions, please contact me at 425-430-7298. Thank you for your cooperation. Sincerely, Arneta Henninger Engineering Specialist cc: Kayren Kittrick Lua 04-032 ~~~~~~I-0-55_S_o_u_th_G_r-ad_y_W_a_y ___ R_e_nt-o-n,-W-a-sh_i_ng-to-n~98-0-5~5~~~~~~·~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE Rentonnet City Clerk Card File Page 1 of 1 Record 1 of 1 Title: PRELIMINARY PLAT, BENNETT PROPERTY/RENTON PLACE DIV Ill 2000 Effective Date: Apr 12, 2000 Date Entered: Mar 21, 2001 by User: by User: Slomba rd bwalton Date Modified: Nov 2, 2001 Narrative: Keywords: Location: I!] 4/12/2000 -Application for Preliminary Plat submitted by Bob and Donna Tozer of Bella Homes on behalf of Frank & Luzviminda Bennett, owners, to build 112 single- family residences on approximately 1.49 acres located between Lind Avenue NW, Maple Avenue NW and between NW 3rd Place and NW 3rd Street (Contact: Dan Roupe, Group Four, Inc.) . m 7/18/2000 -ERC Decision -Determination of Non-Significance Mitigated m 8/15/2000 -Public Hearing o 9/19/2000 -Second ERC Decision due to notification problem ID 10/6/2000 -Appeal filed by Barbara Shinpoch 11!1 12/19/2000 -Second Public Hearing El 1/3/2001 -Hearing Examiner Decision-Appeal denied & SEPA decision affirmed m 1/17/2001 -Hearing Examiner Recommendation-Council should approve preliminary plat 13 3/26/2001 -Council approval m See Also: AAD-00-103; AAD-00-132 a LUA-00-047 (SEE PP) El PP-00-047 m BENNETT FRANK & LUZVIMINDA 2000 o TOZER BOB AI\ID DONNA 2000 [I BELLA HOMES 2000 19 LIND AV NW 2000 El 1\/iAPLE AV NW 2000 m NW 3RD PL 2000 fl NW 3RD ST 2000 l!l GROUP FOUR INC 2000 c:i RENTON PLACE Ill 2000 ID RENTON PLACE DIV Ill 2000 BANK4 http://rentonnet.org/intranet/CityClerk/index.cfm ?fuseaction=showdetail&REC= 1 &ID=5... 04/09/2004 -----------,,..----,-----------------·---·· ---.-- City of Re. Department of Planning I Building I Public .s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: "\'\ QY\. Re-vi C..i-J COMMENTS DUE: MARCH 30, 2004 APPLICATION NO: LUA-04-032, FP DATE CIRCULATED: MARCH 18, 2004 APPLICANT: Charles Jackson PROJECT MANAGER: Arneta Henninger PROJECT TITLE: Renton Place Division Ill PLAN REVIEW: SITE AREA: BUILDING AREA (gross): LOCATION: Maple Ave NW, NW 3rd Place & Lind Ave NW I WORK ORDER NO: 77235 SUMMARY OF PROPOSAL: Final plat to subdivide 1.49 acres into 11 single-family residential lots. The plat includes the installation of water main, sanitary sewer main, storm drainage, sidewalks, street lighting1 and street pavement. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Ught!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS \:i t .! ', \ ) \ \ . \ .:j City of Rel. Department of Planning I Building I Public .s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ;:'i c"'«.... APPLICATION NO: LUA-04-032, FP APPLICANT: Charles Jackson PROJECT TITLE: Renton Place Division Ill SITE AREA: LOCATION: Maple Ave NW, NW 3rd Place & Lind Ave NW COMMENTS DUE: MARCl-t-39,2004-_ DATE c1RCULATED: MARcHJ ~aJod~ {s; /~ :' ';'_.} PROJECT MANAGER: Arneta Hen~ihoer PLAN REVIEW: BUILDING AREA (gross): / / WORK ORDER NO: 77235 I MAR 1 R :>nnLJ. CifY OF RENTON ~.or: r·1c:-i:,, ,..,,T, .......... . ·-....,,_, •hl/1'r1:..,:·l1'f r:=' r ; I~ fr ' '. !': ltl SUMMARY OF PROPOSAL: Final plat to subdivide 1.49 acres into 11 single-family. residential lots. The plat includes the msra .. u,,v,, of water main, sanitary_sewer main, storm drainage, sidewalks, street lighting, and street pavement. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinq Air Aesthetics Water Liqht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public SeNices Energy/ Historic/Cultural· Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POUCY-RELA TED COMMENTS C. LA TED COMMENTS /) , .. l\r t· t{ ,.,. ,.... ,,....or [,t A/ I L'..c> ... r i. L-6',. u -1 · n with particular attention to those areas in which we have expertise and have identified areas of probable impact or · n is needed to properly assess this proposal. · • Date '3/t { /0 A Rev. 10/93 DATE: TO: FROM: SUBJECT: CITY OlF RENTON PLANNING/JR1UIILDJING/JP1UJRLIC WORKS MEMORANDUM March 31, 2004 Ameta Henninger Sonja!. Fesserft Renton Place III, LUA-04-032-FP lFonnat and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comment.s: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-:04-032-FP and LND-10-0356; respectively, on the drawings. The type size used for the land record number should be smaller than that used for the land use action number. The total sum (in feet) of the east lines of Lots 1 through 5 equals 324.96'. The total sum (in feet) of the west lines of Lots 6 through 11 equals 324.94'. Since said east lines and west lines are one and the same, a review/correction needs to be done (Sheet 3 of 3). The bearing for the common line, referenced in the previous paragraph, is not noted on the plat drawing on Sheet 3 of 3. -Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat, if any. The first reference to the word "WASHINGTON" is spelled incorrectly in the legal description noted on Sheet 2 of 3. Note discrepancies between bearings and distances of record and those measured or calculated, if any (Sheet 3 of 3). Note whether the adjoining properties, to the north and south of the subject plat property, are platted (give plat name and lot number) or unplatted (Sheet 3 of 3). Correct the "PRIVATE DRAINAGE EASEMENT" block, as noted on the attachment. \H:\File Sys\LND -Land Subdivision & Surveying Records\l.ND-10 -Plats\0356\R V04033 l .doc April 2, 2004 Page2 Note on the plat drawing (Sheet 3 of 3) that the lO'utiltity easements adjoining the streets are PUBLIC. Note on the plat drawing (Sheet 3 of 3) that the two 10' sanitary sewer easements are PRN ATE. Since the new lots created via this plat are under common ownership at the time of recording, there can be no private easements until such time as ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. Add the following Declaration of Covenant language on the face of the subject drawing, because the previous paragraph applies to this plat: DECLARATION OF COVENANT: The owner of the land embraced within this plat, in return for the benefit to accrue from this subdivision, by signing her(fon covenants and agrees to convey the beneficial interest in the new private easements shown on this plat to any and all future purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this plat. It is suggested that that portion of the "DEDICATION/CERTIFICATION" block that references dedicating easements to the public should be removed, since ownership of the easements is adequately covered in the "EASEMENT PROVISIONS", "PRN ATE DRAINAGE EASEMENT" and "DECLARATION OF COVENANT" blocks. See the attachment. An updated Plat Certificate (supplemental) may be required, if the current certificate is dated beyond the 45-day time limit allowed for, prior to Council approval of the plat. The legal description (Exhibit A) attached to the Declaration of Covenants, Conditions and Restrictions document incorrectly notes the street name for NW 3rd Street as "NE 3rd Street". Reference said document on the plat drawing, with space provided for the recording number thereof. · H:\File Sys\LND-Land Subdivision & Surveying Records\LND-10 -Plats\0356\RV040331.doc\cor City of Ren. Department of Planning I Building I Public wl ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'P,ro COMMENTS DUE: MARCH 30, 200 APPLICATION NO: LUA-04-032, FP DATE CIRCULATED: MARCH 18, 2004 APPLICANT: Charles Jackson PROJECT MANAGER: Arneta Hennin PROJECT TITLE: Renton Place Division Ill PLAN REVIEW: SITE AREA: BUILDING AREA ross): LOCATION: Maple Ave NW, NW 3rd Place & Lind Ave NW WORK ORDER NO: 77235 SUMMARY OF PROPOSAL: Final plat to subdivide 1.49 acres into 11 single-family residential Jots. The plat includes the installation of water main, sanitary sewer main, storm drainage, sidewalks, street lighting, and street pavement. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources .· Preservation Airport Environment 10,000 Feet 14,000Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Routing.doc Date Rev. 10193 Kathy Keolker-Wheelei; Mayor March 18, 2004 Charles Jacksdn - Jack McCarin Co. 1900 S Puget Drive #200 Renton, WA 98055 ·- Subject: Renton Place Division 111 LUA~04.,Q32, FP .-. . .. . Dear Mr: Jackson!. . <CJI1fY .•. Il<ilffiN1f([DN . -Planning!Building!PublicW~ De~ent Gregg Zimmerman P.E., Administrator The D~velopment Planning -Section of the City of Renton na~ determined·thafthe . subject application is complete acco(dirig to submittal requirements and, therefore, is accept~d for review. · · · _Please contact me a:t (425)430:..72~8, ifyp~ h~ve anyquestions: · S/tin.ce~rely, __ --____ -_ _ . : . . . . . . - -.··· ·Arne fa Henninger _ Development_ Services_ -- cc: · Fi_le -,------, _l0_5_5_S-ou-th--~G-ra_d_y_W,_ay--R-e-n-to-_n-, W,-_ -as-h-in-gt_o_n_9-80_5_5 ______ · ~·. -@ This paperoonlains 50%, recycled material, 30"/o post consumer AHEAD OF THE CURVE I I I CITY OF RENTON RECEIVED <Caty of Reln1toro lA D USE PERMIT MAR 1 2 2004 MASTER APPlJCATI N BUILDING DIVISION . , PROPERTY OWNIIEIR(S) NAME: Jack !MilcCa111111rn Com!IJlalll'lllf ADDRESS: 11900 So PtLVget Drive, #200 CITY: Rernitoll'll, W/A ZIP: 98055 TELEPHONE NUMBER: 425-2711--0050 A~PUCANIT (of otlhler tlhlain owner} NAME: Charles Jackson COMPANY (if applicable): Jack McCann Co. ADDRESS: 1900 S. Puget Dr. #200 CITY: Renton, WA ZIP: 98055 TELEPHONE NUMBER 206-914-6187 COW\'JTACT IPIERSOINI: NAME: Charles Jackson COMPANY (if applicable): Jack McCann Co. ADDRESS: 1900 S. Puget Dr. #200 CITY: Renton, WA ZIP: 98055 TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-914-6187 Charles@Vista-dc.com I I I PROJECT U\JlfORMAT~ON PROJECT OR DEVELOPMENT NAME: ., Renton Place, Division Ill PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Lind Ave NW and NW 3n1 Place, Renton, WA 98055 (see Exhibit B for complete lot addre~ses) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 420440-0200 EXISTING LAND USE(S): _Vacant (Single Family) PROPOSED LAND USE(S): 11 Lot Plat -~ --. . . - EXISTING COMPREHENSIVE: P~ ~ DESIG_I\IA TION: 1<.0F , _ _j_· c·~------i PROPOSED COIVIPREHENsiyE PLJ\!"ll~~DESI_GNA T1ort (if appli,:;able): N /A--~' : -~ · -~- ----------1 EXISTING ZONING: Residential PROPOSED ZONING (if applicable): l'--\ / A 'SITE AREA (in square feet): 66,000 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SE~VING THREE_ L,OTS _OR_MORE (if appli~ 0 __, 'PROPOSED RESIDENTIAL DENSITY.IN UNITS f>J=R NET ACRE (if applicable): ~. 3 fJ cl iA /a(' . NUMBER OF PROPOSED LOTS (if applicable): 11 Lots NUMBER OF NEW DWELLING UNITS (if applicable): 11 I NUMBER OF EXISTING DWELLING UNITS (If applicable): 0 .. SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BU!_LDINGS (if applicable): . U f\tnOW(\ SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (If applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS.(if applicable): ··N /A··-· · ··· · · SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA QF NON-RESIDENTIAL BUILDINGS (if ap!?ficable ): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N./A PROJECT VALUE: $1,210,000.00 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (ff applicable): a AQUIFER PROTECTION AREA ONE a AQUIFER PROTECTION AREA TWO a FLOOD HAZARD AREA a GEOLOGIC HAZARD a HABITAT CONSERVATION a SHORELINE STREAMS AND LAKES a WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRUPTIOINI Of PROPERTY (Attach RegaiR descri12tiolnl on se2airate slhleet witlh tlhle foUowong iB11fform21tion irnch.Bdecll} SITUATE IN THE THE CITY OF RENTON, KING COUNTY, WASHINGTON. ,, TYIPIE OF APPl~CATRONl & IFIEIES us, all land use application~ Qeing _applied for: 1._·.-hm \ pla± "? l,OW -3. .,.o"" Q . ~ ~'(:."" ',\ 1(:. 2. 4. G\\~(,~ \ ·. \\ ~ t. 'L 1~\') ~\ ~ ~~ o,~,s,o o,~0 Staff will calculate applicable fees and postage: $ <o\J'~ AIFf~[))AV~1' Of OWIN!EIRSIHl~P I, (Print Name/s) _Jeff McCann, declare that I am (please check one) X the current owner of the property involved in this application or _ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. fj' . I certify that I know or have satisfactory evidence that ,k ft1 [ (,q'1 v1 _·_ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. \J1ee (Sigm~ture of Owner/Representative) Notary (Print) C h q V' le s I LEGAL DESCRIPTION Tract 45, N.H. Latimer's Lake Washington Plat, as per plat recorded in Volume 6 of plats, page 70, in King County, Washington; Together with th~ south Yi of the portion of vacated South 129th Street adjoining; Together with portion of vacated NE 3rd Street adjoining as vacated by Citu of Renton Ordinance #4259; Situate in the City of Renton, County of King, State of Washington 'I • JE.xllniibii11: JIB -Arlldll"esses of lLo11:s Lofl: 300 Lind Avenue NW Lot 2: 306 Lind A venue NW Lot 3: 312 Lind Avenue NW Lot 4: 324 Lind A venue NW Lot 5: 330 Lind Avenue NW Lot 6: 331 Maple Avenue NW Lot 7: 325 Maple Avenue NW Lot 8: 319 Maple Avenue NW Lot 9: 313 Maple A venue NW Lot 10:307 Maple Avenue NW Lot 11:301 Maple Avenue NW Charles Jackson From: Sent: To: Subject: Hello, • Ameta Henninger [Ahenninger@cfrenton.wa.us) Thursday, March 04, 2004 2:31 PM charles@vista-dc.com Re: appointment for submittal ) Renton Place 3 submittal for final plat. Thank yoµ for letting me know. When you come in you should ask for the Planner on duty to submit your final plat application. Yes, you will need to bring in a.check to pay for the final plat application. Please allow a least an hour to complete· the:· process. In the. event that I am not available you may use this email as verifying the 'public works approval letter' as it is referenced in the ·final plat handout. Arneta >>> "Charles Jackson" <charles@vista-dc.com> 03/03/2004 4:43:35 PM~>> Arneta just to let you know we are going to bring in the final paperwork for RP III next Friday at 10:00 AM do I need to bring in a check also. I have the rest of the paperwork Done. thank you Charles Jackson 206 914-6187 This message has been scanned by the City of Renton's filtering gateway. 1 BOX E T NOT~CE FOR All NEW PlA TS AND SHORT Pl.A TS City of Renton Development Services Division 1055 South Grady Way-Renton, WA98055 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants to be involved in helping you locate your mailboxes before construction begins. Please take a copy of your plat map along with this form to the City of Renton Post Office, 314 Williams Avenue South, for their sign-off. Please submit a signed copy of this form with your application. · · (.?d-vt,r e-&v\ lJ f ?J u Property Location: N \Al 3rd Sf x.. nJ w 3rcl. P J 4r: h1 c-cp le <K--l-. b Pi. Owner'sName:,Tl(Jc MC LJt'1V1 C.C,.. Phone Number: t./JS.-c265--J090 PostOfficeApp~.,.---,--~ Date: _ _,_/...._/,..../!j"'/-+-/0...,,,, ________ _ Land Use Application. ~n m·b~~@. ~~~f / f J Cfl'Y Of ~EN'TON ~ECE~VED MAR \ 2 ·,:<•\ . BUILO\NG 0\\/\S\ON e - } ...;.··~ l.1 i 1~11 : I ! m ~~ !I~!! L 4204400182 ~00160 RENTON PLACE DIVISION Ill THE NORniWE!IT OUARTeR OF SECOON 18, '1'23'1, R5E, ·WM. ~f!ENTON, Kt,O, CCI.MY. WASHINCITCt,1 ':~=:11<:."' .·"'·---· SITE DATA lltl:ORO 0, SI.IMY nit:D UHCQ ICNl COW1T AECOIIDl«l l'lliJJilO ~JDtOOOOJ VERTICAL DATUM gr'~D ~l:t'~.~· roJ :i:rNfffU.Y Al MOA1HfM00f'C1A.OESIICON~~ SOI.ml AOI05S l1C.'. s:ntEET l'1'0\II 1»all """°"""'"""" El£'JA11CN •Jll.a:I ...,,, ... ~iliP.ll~:,,gjile_- !__ __ .nus PUN is fCA fflE PROP0$!0 CONffll'JC'llOH or I mt KD.J.lY lll..OCK WALL 1..0CAlUI ALOHll,·UNO urrs ~ NCCI 4, I KNUE NW til M wtSTIRN l'OlnQI flf JlftOPOSID -~7ii'!;(l ·... . .. -;=--1u,~~~. • 1 j lti B ii ii iiflUi ·b]!•' i: • .llhU ! I · ... ~ "' I -i I J I 0:.1. j I. I CHECUDFDRCOMPU/INCf., CITY· OP'. RENTON !ill I to cm ITAIDAADI Dm'.,..T'WllMT °' PUDuo WOii.KO · ·J I IJ I=. 7. ii,;;:;;:= I:=== 1 :== eu1LD111B PERli'ltr EXH1arr g., ICALL 48 HOURS~, M~_,,, 1----~-, BEFORE YOU DIG ,... , .• w 1---' --, 1 Ii 1-800-424-5555 • _ ----1-1 .,1 l --------~--~-··-----·---------=-~-- E ENT " City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 LIST CtrY OF RElliilQ::\/ RECEIVEn MAR 1, PIURl?OSIE OIF CHECKUST: BUU.OJNG o,v,s,o,\; The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. ~NSTIRUCTIONS FOR AIPPUC.ANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know'' or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKUST FOR NONPROJIECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D) .. For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project,'' "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. C:\Documents and Settings\Charlie Jackson\My Oocuments\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc03/10/04 A. IBACll{GROUND 1. Name of proposed project, if applicable: 2. Name of applicant: 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: Renton Place Division 3 Jack Mccann Co. Jeff Mccann Co. 1900 S. Puget Dr. Renton, WA 98055 February 2004 City of Renton Development Services Division 6. Proposed timing or schedule (including phasing, if applicable): Construction oi 11 lot plat work start in September oi 2003 work is complete in February of 2004. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. · No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Preliminary Drainage Repo~ 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary lat; roadway, drainage and utilities design approvals; clearing and grading permits; right-of way use permit; final plat approval; building permits .. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. A Subdivis.ion oi appro:idmately 1.5 Acres into 11 single-family residential lots . C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc 2 ) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not . required to duplicate maps or detailed plans submitted with any permit applications related to this· checklist. . In between Linda Ave NW and Maple Ave NW, and between NW 3rd place (unopened) and NW 3rd street (unopened) approximately 600 feet west of the south end of the Renton Airport, in the NW quarter of Sec. 18 TWP23 N., Rge. 5 E., W.M., King County, Washington. IB. ENVIRONMENTAL EllEMEINITS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other _____ _ b. What is the steepest slope on the site (approximate percent slope?) 50% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agric4ltural soils, specify them and note any prime farmland. Alder wood gravelly sandy loan, based on the U.S. Department of Agriculture 1973 Soil Survey of king county Area, Washington d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None Know e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. . Grading will be for roads, utilities, and building sites, A balance between cut and Jill would be sought, thereby reducing the need to import or export material. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. During construction, the potential Jor increased erosion would be present. Following construction, erosion potential would decrease when drainage is controlled and cleared areas are revegetated. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 50% h. Proposed measures to reduce or control erosion, or otherimpacts to the earth, if any: erosion control material. C:\Documents and Settings\Charlie Jackson\My Documents\Jackson llilcCann bevelopment\RP 111\City of Renton\final plat paprwork file\envchlst.doc 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction activities there would be increased Hhaust and dust particle emissions, and 9rder could be caused by the roofing or paving of streets. After construction, the principal source of pollution would be exhaust emissions from vehicular traffic, and fireplaces installed in homes would emit somke. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. Vehicular emissions from traffic on nearby roadways c. Proposed measures to reduce or control emissions or other impacts to air, if any: Water, stray, hydro seeding. Automobile emissions should be negligible due to standards regulated by the Washington state department of licensing. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Know 3)'" Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. lndicat~ the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The existing runoff pattern will be locally modified thrcmgh the construction of roads and homes; however; the overall pattern will be maintained, including discharge to the natural location 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprworl< file\envchlst.doc 4 • b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. · Know 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Know c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into.other waters; If so, describe. See level 1 Drain Plan 2) Could waste material enter ground or surface waters? If so, generally describe. Refer to Surface water response #6 and ground water reponse #2 · d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Temporary erosion control devices would be installed during construction. After construction, storm water runoff will be collected and controlled by the detention/retention facilities 4. PLANTS a. . Check or circle types of vegetation found on the site: _X deciduous tree: alder, maple, aspen, other -.. _ evergreen tree: fir, cedar, pine, other _x_ shrubs __ grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing vegetation will be removed as necessary for roads and building sites. c. List threatened or endangered species known to be on or near the site. None know C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc · 5 • • d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: As much native vegetation as practical would be retained during construction. Cleared and graded areas would be renegotiated with some native species and species common to urban areas. · 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle; songbirds, other ________ _ Mammals: deer, bear, elk, beaver, other -=D..;::o .. g ... s'"". -=c=ats.::=.. _____ _ Fish: bass, salmon, trout, herring, shellfish, other ______ _ b. List any threatened or endangered species known to be on or near the site. None Know c. Is the site part of a migration route? If so, explain Know d. Proposed measures to preserve or enhance wildlife; if any: Retention of as many existing trees as is compatible with road, utility and home construction will preserve wildlife habitat. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Natural gas for heating and fire place b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Know c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. ENVIRONMENTAL HEAL TH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None Know 1) Describe special emergency services that might be required. None required or proposed C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc 6 • • 2) Proposed measures to reduce or control environmental health hazards, if any: None required or proposed b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise from traffic on surrounding roadway could have a minimal impact on the project. And take off of 737 at Renton Airport. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Noise levels would be intermittently high throughout construction, but should be limited to normal waking hours. After construction, residential activity and traffic noise created by daily vehicular trips would increase ambient noise levels in the vicinity. 3) Proposed measures to reduce or control noise impacts, if any: Standard soundproofing materials would be use in the construction of residences. Use of property muffling devices and limitation of construction to normal waking hours would minimize construction-related noise 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Single-family resident (developed). · b. Has the site been used for agriculture? If so, describe. Not to current knowledge c. Describe any structures on the site. None d. Will any structures be demolished? If so, what? Know e. What is the current zoning classification of the site? Residential -8 DU I Ac (R-8) f. What is the current comprehensive plan designation of the site? Residential Single-Family g. If applicable, what is the current shoreline master program designation of the site? N/A C:\Documents and Settings\Charlie Jackson\My Oocuments\Jackson McCann Development\RP 111\City of Renton\final plat 7 paprwork file\envchlst.doc . . • • h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Not to current knowledge i. Approximately how many people would reside or work in the completed project? Approximately 34 people would reside (3.1 per residence X 12 residences) j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: N/A . I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compliance with regulatory codes and standards would reduce the housing impacts of the proposed development. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 11 middle income houseing b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: Compliance with regulatory codes and standards would reduce the housing impacts of the proposed development. · 10. AESTHETICS a. What is the tallest_height of any proposed structure(s), not including antennas; what is the . principal exterior building material(s) proposed. The tallest height of any structure would be per the building code. EJtterior building materials are expected to be of wood and/or brick. b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: Observe building setbacks, retain as much native vegetation as practical during construction, and provide native ornamental landscaping. C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat 8 paprwork file\envchlst.doc · • 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light would be produced by automobile headlights, street lighting, and home lighting, primarily at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not likely, night lighting would actually promote project safety. c. What existing off-site sources of light or glare may affect your proposal? Surrounding residences and traffic d. Proposed measures to reduce or control light and glare impacts, if any: None proposed 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Bryn Mar Park, Kiwanis Bicentennial Air P·ark, Coulon Park, Cedar River, Lake Washington, Renton Center Shopping Center, Renton High School, and Dimmett Junior High School are within 1 mile of the project. · b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: ' . ii/litigation fees will be paid as required by city code, Also residents would become . part of the tax base/ user group that supports these services. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None Know b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance kn.own to be on or next to the site. None Know c. Proposed measures to reduce or control impacts, if any: Construction would be temporarily halted should evidence of historic, archeological, scientific or cultural importance be discovered. 14. TRANSPORTATION C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc · · · · · 9 ) a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Lind avenue NW and Maple Avenue NW will serve the projected. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. The nearest stop is approximately 500 feet away at NW 4th Street & Taylor Avenue. · c. How many parking spaces would the completed project have? How many would the project eliminate? Off..street parking would be accommodated in residents' driveways and garages. No pairking would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? The proposal would require the construction of approximately 650 lineal feet of public roadway frontage improvements. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Yes Renton Airport is within 1 mile from sit currently there is know schedule air service out of this airport f. Holl)( many vehicular trips per day would . be generated by the completed project? If known, indicate when peak volumes would occur. Approximately 110 ADT (10 ADT/DU X 12 DU}, the majority of which would occur during morning and evening peak periods. g. Proposed measures to reduce or control transportation impacts, if any: Frontage roadway improvements will be provided as required by city code. Also residents would become part of the tax base/user group that supports this service. 15. PUBLIC SERVICES a. Would the project result in an, increased · need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The proposal would place additional demands on public services; however, facilities are generally in place to handle these additional demands. b. Proposed measures to reduce or control direct impacts on public services, if any. Mitigation fees will be paid as required by city code. Also, residents would become part of the w base/ user group that supports these services. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Developrrient\RP 111\City of Renton\final plat paprwork file\envchlst.doc 10 • b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. City of Renton, Puget Sound Energy, Qwest, Comcast C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. · Proponent: Name Printed: Date: , I C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc 11 D. SUPPLEMENTAL SHEETS FOR NONPIROJIECT AC7IOINIS (Tht3se• sheet$ ;~hguld ·only··.:~ .Used.·. for: aqtlons .. involving de~isio11~ ,on·.·policie~Lii:>i5:1n.s. and r . ·rams, You do, not need to fill out these. sheets tor rci ·ect actions. ,. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish. or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use. or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such. resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Renton\final plat paprwork file\envchlst.doc 12 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce orrespond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Name Printed: Date: ENVCHLST.DOC REVISED 6/98 C:\Documents and Settings\Charlie Jackson\My Documents\Jackson McCann Development\RP 111\City of Rentori\final plat paprwork file\envchlst.doc . · · 13 Renton Place III Response to Project Conditions · Chronology of attached documents: September 19, 2001 September 19, 2001 January 3, 2001 ·January 17, 2001 January 22, 2001 March 27, 2001 March 27, 2001 MDNS Mitigation Measures MDNS Advisory Notes Hearing Examiner Decision on MDNS appeal Hearing Examiner Decision on Pre-Plat Hearing Examiner Report and Decision to Council Correspondence of Renton City Council Approval Correspondence of Renton City Council Approval -No New Conditions January 22, 2001 Hearing Examiner Report and Decision to Council-No New Conditions · January 17, 2001 CITY OF RENTON RECEIVED MAR 1 2 ?GO~ BUILDING DIVISION Hearing Examiner Decision on Preliminary Plat -Approved subject to following conditions: 1. Compliance with ERC Mi):igation Measures: The Applicant is required to comply with the Mitigating Measures, which were part of the issued Environmental Review Committee Threshold Determination. REPLY: The applicant has complied ~th the Mitigating Measures which were part of the issued Environmental Review Committee (ERC) Threshold Determination. The MDNS mitigation measures were identified in correspondence from the City of Renton on September 19, 2001. Those measures are explained in detail below. In addition, the Applicant has complied with the MDNS Advisory Notes from the ERC. Those measures are also explained in detail below. Renton Place Ill AHBL File No. 203090.10 Page 1 of 1 2. The Ap.plicant Shall draft and record either a Homeowners' Association or a Maintenance Agreement for the maintenance of all common improvements, including private stormwater facilities and utility and other easements, and other common areas. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney prior to the recording of the final plat. REPLY: The applicant has prepared a Homeowners' Association Agreement for maintenance of all common improvements. A draft of the CC&R is enclosed with the final application. The CC&R will be recorded prior to recording of the final plat. 3. The Applicant shall submit a detailed grading plan that complies with the Nelson-Couvrette geotechnical report recommendations, the Conclusion of Law No. 7 above regarding rockeries, and that indicates the location of building pads (or building envelopes) for Lots 2 and 4. The detailed grading plan shall be subject to review and approval by the Development Services Department. Compliance with this condition shall precede recording of the final plat. REPLY: The Awlicant has complied with the recommendations contained in the Nelson- Couvrette geotechnical report, as well as supplemental geotechnical recommendations from investigations performed during the final engineering design. The site development plans prepared for the project show proposed location of building pads for all lots including proposed finish floor elevations. January 3, 2001 Hearing Examiner Decision·on MDNS Appeal-No New Conditions September· 19,· 2001 MDNS .Mitigation Measures 1. Site. con~truction shall be limited to the months of April 1st through October 31st. REPLY: The site development plans were approved in September, 2003. Site construction . occurred in late September and October, 2003. Several time extensions were requested and granted through City of Renton Development Services with construction being complete in Janua.Q', 2004 .. 2. · The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in section d.4.3.1 of the King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on-site improvements as well as building construction. · REPLY: During construction of the on-site and off-site improvements, a silt fence was placed along the down-slope perimeter of the site and areas being disturbed. Other erosion control BMPs were also installed during site construction, as detailed on the site development plans. Additional silt fence will be required during home building construction. Renton Place Ill AHBL File No. 203090.10 Page 2 of 2 · 3. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow way from the to a stabilized discharge point. Vegetation growth shall be established in the ditch by · seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction or drainage swales shall conform to the specifications presented in section 4.4; 1 of the SWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site· and on-site improvements as well as building construction. REPLY: A temporary drainage swale and other erosion control BMP have been .implemented during construction of both on-site and off-site improvements. Similar erosion control BMP will be required during home building construction. 4. The applicant shall apply straw mulch to exposed or disturbed areas every day that clearing, grading and/ or construction activity occurs on the site. REPLY: The applicant has implemented the erosion control and source control BMPs as detailed on the approved site construction drawings. 5. The project contractor shall perform daily review and maintenance ofall erosion and sedimentation control measures at the site during the construction ofboth off-site and on-site improvements as well as building construction. REPLY: The Contractor implemented the erosion control and source control BMPs during construction of both on-site and off-site improvements. Future erosion and sedimentation control BMP~ will also be required during future home building constructi~n. .· · 6. Weekly reports on the.status and condition of the erosion control plan with any recommendations . of change or revision to maintenance schedules or installation shall be submitted by the project engineer of record to the public works inspector for the preliminary short plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to the recording of the short plat. REPLY: The Project Engineer (Matt Weber, AHB6 Inc;) performed numerous site inspections during construction. In addition, the City of Renton Public Works Inspector · performed numerous site inspections. The improvements have been inspected by the Project Engineer as well as the City of Renton for compliance with the approved site development drawings. All improvements appear to be installed per plan and functioning adequately. In addition, a set of record drawings has been submitted to the City of Renton. 7. The applicant shall follow the recommendations of the geotechnical engin~ers, Nelson-Couvrette & Associates, Inc., in their report dated March 13, 2000, during project design and construction. REPLY: The applicant and his contractor have followed the recommendations of the geotechnical reports that have been prepared for this project. In addition to the Nelson- Couvrette & Associates, Inc~ report, dated March 13, 2000, additional geotechnical · evaluation and testing has been performed during project design and construction. . . Renton Place Ill AHBL File No. 203090.10 Page 3 of 3 8. Houses on the new parcels within this plat shall have approved sprinkler systems installed. REPLY: The future houses within this plat are to have approved sprinkler systems installed. Each water service for each lot has been adequately sized to accommodate a future house fire sprinkler system. 9. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of $75.00 per each new average weekday trip attributable to the pr~ject, estimated to be 9.55 average weekday trips per new residence. The Transportation Mitigation Fee is due priono the recording of the plat. REPLY: Transportation Mitigation Fees will be provided prior to recording of the final plat. 10. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $488.00 per each new single family residential lot created by the proposed plat. The fee is due prior to the recording of the plat. REPLY: The applicant will provide the appropriate Fire Mitigation Fee prior to recording of the final plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of $530.00 per each new single family residential lot. The fee is due prior to the recording of the plat. REPLY: The applicant will pay the appropriate Parks Mitigation Fee prior to recording of the final plat. September 19, 2001 . MDNS Advisory Notes Plan Review -Sanitary Sewer 1. · 1bere is an existing 8" sanitary sewer main in the vacated street on the south side of the plat. There are also ensting sewer mains north of the site in Maple Avenue NW arid in an easement north of the site: REPLY: Sanitai:y sewer to the new lots within Renton Place III are provided as shown on the site development drawings. Lots 1. 2. 3. and 11 are s·erved by new side sewers connecting to the existing sanitai:y sewer main in vacated NW 3rd Street. Lots 4 and 5 are served from the existing sanitai:y sewer along the north boundai:y of the site in vacated NW 3rd Place. Lots 6, 7, 8, 9, and 10 are served by side sewers connecting to a new sanitai:y sewer main constructed within Maple Avenue NW. 2. Sewer main extensions will be required to serve the new parcels, which can all be served by gravity. No main extensions between the new parcels will be allowed due to difficulty with access for maintenance purposes: REPLY:· Sanitary sewer is provided to each of the new lots as described above. No sewer main ~xtensions are constructed between the new parcels. RentonPlace Illa AHBL File No. 203090.10 Page4 of4 3. Separate side sewers will be required for each parcel (no dual sewers), with the exception of Lots 3 a.nd 4 which can be served by a dual side sewer in an easement to Maple Avenue NW. REPLY: Each lot is served by a separate side sewer as described in Item #1 above. 4. Side sewer lines much have a 2 percent slope. REPLY: All side sewer lines have a minimum of2 percent slope. 5. All utility. plans must comply with the C:ity of Renton Drafting Standards. REPLY: All utility plans were prepared in conformance with City of Renton standards and were approved by City of Renton Development Services in September, 2003. 6. Show finished floor elevations on the sewer construction plan sheet. REPLY: Proposed finished floor elevations have been provided on the Sewer Construction Plans approved by the City of Renton Development Services in September, 2003. 7. The vertical profile of the sewer main will be required. REPLY: The vertical profile of the sewer main extension within Maple Avenue NW has been provided with the construction plaits. 8. Any new sewer mains are to be separated from water lines by a minimum of 10 feet. There is a 7 .5 foot minimum sepru:ation from other utilities. · REPLY: The sewer main extension within Maple Avenue NW provides as much separation as possible from the water lines. Both the new sanitary sewer main extension and the existing water lines are ductile iron and there should be little or no chance for contamination. 9. Sewer Development Charges of$585.00 per single family lot will be required for this plat. This fee must be paid prior to issuance of the construction permit for the preliminary plat. REPLY: Sewer Development charges will be provided prior to .issuance of the construction permit .. Plan Review -Water 1. There is an existing dead end 8" water main in Maple Avenue NW, which is fed by a single 6" water main. There is also an existing 8" water line in lind Avenue NW. REPLY: The existing water mains have been noted on the Site Development construction plans. Renton Place Ill AHBL File No. 203090. to Page 5 of 5 2. Water main extensions will be required for this plat proposal. One alternative is to replace the 6" main in Maple Avenue NW with an 8" water main from the north end of the site to NW 4th Sp:eet and extend the existing 8" water main w the southerly end of the plat. A second alternative is to install a new 8" main in the easement along the south side of the plat from the main in Lind Avenue NW to Maple Avenue NW, and extend this main north to the existing 8" main in Maple Avenue NW. This second alternative would require a pressure reducing station between the two pressure zones. REPLY: A water main extension has been ,~onstructed from the existing 8" water mai~ in Lind Avenue NW and is connected to the water main in Maple Avenue NW. A pressure reducing station has been constructed between the two pressure zones per City of Renton requirements. 3. The proposed plat is located between the 300 foot and the 495 foot water pressure zones. REPLY: As stated above, a new main has been constructed to connect the water main from Lind Avenue NW to Maple Avenue NW with a pressure reducing station. · 4. There is an existing 60' utility easement recorded in the vacated portion of NW 3n:1 Street. No structures are allowed within this easement. REPLY: The 60.;.foot easement has been noted on the face ofthe final plat and no structures are to be constructed within the existing 60-foot easement. 5. The water main into the plat must be large enough to accommodate the required fire flow assigned by the Fire Prevention Office. REPLY: The water mains have been constructed in accordance with the approved Site Development drawings and are large enough to accommodate the required fire flow. In addition, each future structure is to be equipped with fire sprinklers. · 6. Fire hydrants will be required to current City standards within 300 feet of all proposed building sites for the new parcels. REPLY: The site is served by two (2) fire hydrants. One (1) along Maple Avenue NW and one (1) at the northeast comer of the plat along Lind Avenue NW. The hydrants provide the necessary coverage. 7. There is an existing Latecomers' Agreement filed on the water main in Maple Avenue NW. Latecomers' fees will be required prior to issuance of the construction permit for the plat. REPLY: The Latecomers' Agreement fees will be paid prior to.issuance of the construction permit. .. 8. Water System Development charges of $850.00 per new single family lot will be required for this plat. This fee must be paid prior to issuance of the construction permit for the preliminary plat. REPLY: The Water System Development charges will be paid prior to issuance of the construction permit. Renton Place Ill AHBL File No. 203090.10 Page 6 of 6 Plan, Review -Stormwater Drainage 1. A conceptual drainage plan arid drainage report have been submitted with the preliminary plat application for this project. The conceptual drainage plan is to include detention for the fully built out short plat, including future houses, driveways, and roadway improvements. The runoff from · the new houses must be tightlined into the storm drainage system constructed for the preliminary. plat. · · · REPLY: A new storm drainage detention and treatment facility has been constructed within Maple Avenue NW. This system has been designed to accommodate runoff from the road improvements within Lind Avenue NW and Maple Avenue NW as well as future houses and driveways. A tightline system has been constructed with a stub to each lot for connection of future house roof downspouts and driveway drainage. 2. Surface Water System Development charges of $385 per new single family lot will be required for this plat. This fee must be paid prior to issuance of the construction permit for the preliminary plat. REPLY: Surface Water System Development charges will be paid prior to issuance of the construction permit. Plan Review-Transportation and Street Improvements 1. All electrical and communication facilities to be undergrounded. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the plat. REPLY: All electrical and communication facilities have been located underground. These system have been installed, and inspected by the City of Renton Public Works _ inspector. 2. Lind Avenue NW will need to be a minimum of 20 feet in paved width for minimum of 500 feet north and south of the project site. This may require widening in limited portions of this roadway. Maple A venue NW will need to be a minimum of 20 feet in paved width for minimum of 500 feet north of the project site. REPLY: · Lind Avenue NW has been widened along the project's frontage to 28-feet in width with new curb gutter and sidewalk. Lind Avenue NW has also been widened to a minimum of 20-feet for a length of 500-feet north of the project site. This construction has been coordinated with the Enebrad Short Plat located directly northeast of the Renton Place HI project. Renton Place Ill AHBL File No. 203090.10 Page 7 of 7 0 3. ·Lind Avenue NW and Maple Avenue NW adjacent to the plat must be developed to city standards, including new pavement, curbs, gutters; sidewalks, and street lighting. The pavement width for Lind Avenue NW adjacent to the site must be a minimum of 28 feet. The pavement width for Maple Avenue NW can be reduced (see separate modification approval) to 20 feet in width. This work must be completed prior to recording the plat. •. . REPLY: Lind Avenue NW and Maple Avenue NW have been improved with 28-feet of pavement including curb gutters, sidewalks, and street lighting. As noted above, the · pavement width along Maple Avenue NW has been reduced on the southern portion of the . plat as awroved under separate modification approval. 4. · The pavement width shall be a minimum of 20 feet in width along Maple Avenue NW adjacent to the plat, and widened beyond the 20 feet in width to the extent possible mthin the existing right-of-way without altering the existing driveways on the east side of the street. REPLY: Maple Avenue NW has been widened to a minimum of 20-feet where feasible without altering existing driveways on the east side of the street. Some improvements have occurred to the driveways to the east of the site, in the southern portion, serving the lot directly east of vacated NW 3n1 Street, as shown on the approved construction drawings for . the project. · 5. Maple Avenue NW adjacent to the plat will be signed for "no parking" along both sides of the street. REPLY: Maple Avenue NW will be signed for ''NO PARKING" along both sides of the street. 6. Driveway aprons with space for two vehicles in front of the garages will be provided for each parcel along Maple Avenue NW. · REPLY: Driveway drops have been constructed for future driveways along Maple Avenue NW as well as.for Lind Avenue NW. The future driveway aprons will be sized to . accommodate space for parking of two (2) vehicles in front of the garages. 7. Street lighting is required to meet City standards. Minimum lighting level is 6:1 uniformity ratio and 0.2-foot candle level. The street lighting conduit to be located under the sidewalk. REPLY: Street lighting has been provided along Lind Avenue NW and Maple Avenue NW per City standards. · · 8. Payment of a Transportation Mitigation fee of $75 per new average weekday trip, estimated at9.55 new trips per single family lot ($716.25 per lot), will be required prior to recording of the plat. It has been estimated that this plat ~ould result in between 105 and 115 additional average (weekday) trips, depending on whether there will be 11 or 12 lots. The Transportation Mitigation Fee would be between $7,878.75 and $8,595: ·REPLY: Payment of the Transportation Mitigation Fee will be provided prior to the issuance of the construction permit. Renton Place Ill AHBl File No. 203090. to Page 8 of 8 Plan Review -General 1. All reqtrired utility, drainage, and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. REPLY: The required utility, drainage, and street improvements have been designed by AHBL, Inc. in accordance with City of Renton standards and have received Development Services' approval in September, 2003. •. . 2. The construction permit application(s) must include an itemized cost estimate for these improvements. REPLY: A construction estimate was part of the constructiori pennit for this project. 3. The fee for review and inspection of these improvements is 5 percent of the first $100,000 of the estimated construction costs; 4 percent of anything over $100,000, but less than $200,000, and 3 percent of anything over $200,000. Half of this fee must be paid upon application for construction permits (preliminary plat improvements), and the remainder when the construction permit is issued. There may be additional fees for water service related expenses. REPLY: The appropriate review and inspection fees have been (will be) paid. Parks Department Review 1. Payment of a Parks Mitigation fee of $530.76 for each new single family lot will be requued prior to recording of the plat. REPLY: Payment of the Parks Mitigation fee shall be paid prior to recording of the final plat. fire Prevention Department Review 1. A fire hydrant with 1,000 GPM fire flow i~ required within 300 feet of all new single family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. REPLY: As stated previously, fire hydrants are provided in Maple Avenue NW and Lind Avenue NW. The exact building square footage is unknown at this time, however, under previous project conditions each house is to incorporate ati individual residential fire· sprinkler system; · · · · 2. A Fire Mitigation fee of $488 is required for all new single family lots'. Payment is required prior to recording of the plat. REPLY: The appropriate Fire Mitigation fees will be paid prior to recording the final plat. Renton Place Ill AHBL File No. 203090.10 Page 9 of 9 ) • Property Services Department Review 1. Comments will be provided to the applicant under separate cover. · REPLY: No response required. Development Services Department Review 1. The site is designated Residential Single family in the Comprehensive Plan: REPLY: No response required. 2. The property is zoned Residential 8 (R-8). REPLY: No response required. 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre (du/a) minimum and 8.0 du/a maximum. The project, as proposed, exceeds the maximum density by .05 du/ a. REPLY: The proposed Renton Place HI is eleven (11) lots which meets the appropriate zone for the site. 4. The project must be reduced in size by one (1) lot from twelve (12) to eleven (11) single family lots to meet density requirements of the R-8 Zone. REPLY: As stated above, the project has been reduced in size to eleven (11) single family. lots. . . 5. Minimum lot size in the R-8 Zone is 4,500 sf, with minimum width of 50 for interior lots and 60 fo_r corner lots. The minimum permitted lot depth is 65 feet. Lot dimensions must be shown on the final site plan demonstrating that all lots meet these minimums. · REPLY: Alflots within the project meet the minimum square footage required in the R-8Zone. · · 6. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. REPLY: Future home construction will be limited to two (2) stories, or 30 feet in height, as required by the R-8 Zone. Renton Place 111 · AHBL File ·No. 203090.10 Page 10 of10 mm \• 7. Required setbacks in the R-8 Zone are 20 feet for front yards facing Maple Avenue NW and Lind Avenue NW (streets existing prior to September 1, 1995); 20' foot rear yard setbacks; 5 foot side yard setbacks for interior lots and 15 feet side yard setbacks for corner lots. All setbacks are minimums. Setback dimensions should be shown on the preliminary plat drawings, but setback lines must be removed prior to recording the final plat. REPLY: The appropriate building setbacks for R-8 Zone (20-foot front yard setback, 20-foot rear yard setback, 5-foot side yard setback for interior lots, and 15-foot side yard setback for comer lots) will be observed by future home construction. 8. The maximum building coverage in the R-8 Zone is 35 percent for lots over 5,000 sf or 50 percent for lots 5,000 sf or less. REPLY: The appropriate building coverage will be maintained by future home construction. 9. Driveways sloped more than 15 percent require approval from the Board of Adjustment. REPLY: As shown on the approved site development plans, future driveways shall be sloped with a maximum of 15 percent. 10. Retaining walls in excess of four.(4) feet require engineered drawings and a separate building permit. REPLY: The walls within the plat which were 111 excess of 4-feet, have been engineered and approved under separate building permit. · 11. Performance Standards for Land -Development Permits (RMC 4-4-130K), including ''Protection Measures During Construction" (RMC 4-4-130K7) relating to trees, shall be followed by the applicant. The applicant shall adhere to the definition of"tree" as found in RMC 4-11-200, "drip line" as found in RMC 4-11-040, and the measurement of trees as found in RMC 4-11-030. REPLY: The area within the protected slope easement has been protected to the maximum . extent possible. Other performance standards and protection measures have been implemented as appropriate. Renton Place Ill AHBL File No. 203090.10 Page 11 of 11 ,., .. ) .OFFICE OF THE HEARING EXAMINER CJITY OF RENTON January 22, 2001 REPORT AND DECJS][ON APPELLANT: · LOCATION: Barbara Shinpoch · Appeal of SEPA Determination of Non-Significance re Renton Place Division III File No.: LUA00-132,AAD Between Maple A venue NW and Lind A venue NW north of the vacated NW 3rd Street SUMMARY OF REQUEST: Subdivide a 1.49 acre property into 11 lots.suitable for detached, single-family homes SUMMARY OF APPEAL: Appeal ofSEPA Determination of Non-Significance PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining the available infonnation on file, the Examiner conducted a public hearing on the subject as follows: MINUTES Tl,efollowing minutes are a summary of the December 19, 2000 appeal hearing. The official record is recorded on tape. The hearing opened on Tuesday,_December 19, 2000, at 9:03 a.m. in the Council Chambers on the seventh floor of the Rentori City Hall. Parties wishing to testify were affinned by the Examiner. The· fo)Jowing exhibits were entered i~to the record: ~xhibit No. 11.: Yellow file containing the appeal, The Examiner's letter setting the hearing date, maps, Photographs, and other documentation pertinent to the appeal. . Parties present: Appellant: Barbara Shinpoch 361 Maple A venue NW Renton, WA 98055 Representing applicant: Justin Osemene Intellex Law Group LLP University Station PO Box 45331 Seattle, WA 98145 CITY OF RENTON IR~CE~VED MAR 1 2 ~ --i ', BUILDING DIVISION Renton Place Division Ill Appeal and Preliminary Plat Hearings File Nos.: LUA00-132,AADand LUA00-047,PP January 22, 2001 Page2 - Representing .City of Renton: Russ Wilson2 City Attorney Elizabeth Higgins, Development Services 1055 S Grady Way · Renton, WA 98055 ) The pro tern Hearing Examiner, Mr. -Irv Berteig, explained that this hearing will be a combined hearing, with · the appeal of the SEPA determination first and the Preliminary Plat following. He explained the sequence of : testimony for this hearing. · As a preliminary matter, Russ Wilson stated that the City has problems with the propriety of the appeal hearing; , one is jurisdictional, and the second is standing. In her appeal letter, Ms. Shinpoch states that she feels the language concerning the widening project is ambiguous and imprecise. The language Ms. Shinpoch cites is actually found in the Advisory Notes. The Advisory Notes are not part of the SEPA Determination and are not appealable at this juncture. Mr. Wilson questioned Ms. Shinpoch 's right to bring this appeal. She must allege a · concrete injury in fact, that is not speculative, to her. Her letter states that the parking situation wiU create a hardship for her neighbors. While community activism is a good thing, it doesn't meet the legal test to bring this appeal. Emergency vehicle access to Ms. Shinpoch's home will not be affected by this project. The issue · . of increased traffic is insufficient to meet the specific hann test. For these reasons, the City feels that this appeal is. not proper at this point. · The Examiner stated that Ms. Shinpoch resides within the zone of influence, and she submitted a comment Jetter during the course of the earlier proceedin~. on SEP/\, prior to the Determination being issued.· He further · stated that case law he has reviewed treats standing in SEPA matters more liberally. He will review each of these is~es as a matter of course, but the appeal hearing will proceed~ -. . . . . Barbara Shinpoch, 361 Maple Avenue NW, Renton, WA 98055 stated that the street maps of the area misrepresented the widths of Maple, 4th, and Taylor as being approximately equal. The northern section of Maple is an unimproved street at least two car widths wide, the southern two-thirds of Maple is a single lane. Ms. Shinpoch expressed her disagreement with the City Attorney's position that she has no standing in this matter. She required emergency services in October. She feels fortunate that her home is on the first third of Maple, and that the emergency vehicle did not have to come up 2nd Avenue to reach her home or she might not be here today. Emergency vehicles, garbage trucks, and mail vehicles all enter Maple oil 4th and back out. There are fourteen occupied homes on Maple at the present time. Across the street from Ms. Shinpoch' s home are two houses with extended families and nine vehicles. Between the two houses is one carport. These · families park their cars on the northern part of Maple. There are upwards of twelve more houses on the narrowest portion of Maple. Ms. Shinpoch feels it is irresponsible to have only half of the planned homes exit onto Lind, which.is a full-width street. The City is poised to approve a huge increase in traffic on an acknowledged sub-standard street. which will be a detriment to all the people who live on Maple. Ms. Shinpoch stated that the developer's attorney phoned her in order to "cut a deal." Ms. Shinpoch further stated she feels any discussion of this matter should be in an open public hearing, not on the telephone. Ms. Shinpoch reiterated her concern about safety and access issues if the development is approved. She does not wish to fight this project, but only call attention to the issues involved with the hope that the professional people who make these decisions take her concerns into consideration and offer some relief to th<? people who live on Maple. Renton Place Division 111 Appeal and Preliminary Plat Hearings · File Nos.: LUAOO-fl2,AADand LUA00-047,PP January 22, 200 I Page3 ) . . . ., . Under questioning from the City Attorney, Ms. Shinpoch reiterated her concerns about emergency vehicle access and parking on Maple if the project is approved Elizabeth Higgins explained the process of how the staff report on this project was generated, who had input to it, and what regulations govern the process. Ms. Higgins stated that the staff report addressed tJ1e emergency access situation on Lind and Maple. Comments from the Engineering Plan Review Division were received and included in the Advisory Notes to the applicant._ They requested that the developer widen both Maple and Lind to minimum pavement widths if they were not already at those widths for 500 feet north and south of the project on Lind and 500 feet north of the project on Maple. Lind would be widened to 28 feet adjacent to the property. Maple would be widened to a 20 foot minimum and to 28 feet to the extent possible. This was to address concern of the Fire Prevention Division about access. Fire Prevention requested that "No Parking" signs be put up. Both the applicant and the parties of record for the project were, sent the Mitigation Measures and the Advisory Notes so that they would understand no parking would be allowed on Maple adjacent to the project. If Lind and Maple do not rrieet the minimum street widths as noted in the Advisory Notes, the developer would have to do the widening. Typically, the City does not require developers to widen streets beyond their own project, but in this case it will be required., Under questioning by Mr. Osemene, Ms. Higgins stated that the City of Renton is part of the Growth Management Act. Municipalities designate Urban Growth Areas, which included future annexation areas. Within these areas they are obligated to accom111odate a certain amount of projected growth, as determined by the Puget Sound Regional Council. The City of Renton is endeavoring to meet those goals. The .project is zoned Residential-8, which is between 5 and 8 dwelling units per riet acre. This is part of the City's · Comprehensive Plan designation for the area. The area is designated single-family residential in the Comprehensive Plan, and the Residential-8 Zone is compatible with that designation. The site is directly served by two streets, Maple Av~nue NW and Lind Avenue NW. Two other parts of the City, Renton HiU and Talbot Hill have similar parking' situations due to the topography and the inability of people to park on their own property. City Development Standards require off-street parking, but only for new develop~nents. Anything that pre-dated the ¢ode requirement would not have to confonn with these requirements unless it was posted for no parking. Ms. Higgins stated that she is not aware that either Maple or Lind are posted for no ·· parking at the present time. JJtJ1e project is approved, Maple will be posted for no parking along both sides · adjacent to the project. The widening of the streets by the developer should enhance the pedestrian and vehicle flow arom1d the site. Sidewalks will have to be installed by the developer along the frontage of both Maple and Lind.. . · Mr. Osemene stated that be made a phone call to Ms. Shinpoch to see if his client could meet with the neighborhood and try to understand their concerns and see if their issues could be addressed prior to this hearing., Mr. Osemene stated that the essence of his phone caJl.was to liaison and try to create a more receptive forum to addressing concerns. He never attempted to make a deal with Ms. Shinpoch or try to circumvent the system. He called her because she is the most knowledgeable person, the one raising the issues. He wanted to let her know that his client is very receptive to her concerns and will do whatever is necessary to adequately address the issues. · Ms. Shinwch stated that the cars parked on the northern third of Maple do not hamper traffic. ·me southern two-thirds of Maple is the problem area with cars being parked on the street. Ms. Shinpoch asked if the people who live on Lind were ever informed that this project would access from their street. · Renton Place Division III Appeal and Preliminary Plat Hearings File Nos.:. LUA00-132,AAD and LUA00-047,PP January 22, 200 I Page 4 .. Ms~ Higgins responded that the initial Notice of Application did not go to people with Lind Avenue addresses. Subsequently, the applicant was required to go back to the beginning of the process. and at that time the · application was sent to people who Jive along both Maple and Lind Avenues. That notice included a . description of the project and a site map. The notice w.as also posted in the neighborhood. · The Examiner called for further testimony regarding this appeal~ There was no one else wishing to speak. The appeal hearing closed at 10:10 a.m. · MINUTES: PRELIMINARY PILAT The following minutes are a summary of the December 19, 2000 Preliminary Plat hearing. The legal record is recorded on tape. -pie hearing opened on Tuesday, December 19, 2000, at 10:16 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. · The following exhibits were entered info the record for the preliminary plat hearing: Exhibit No. 1: Yellow land use file, LUAOO-Exhibit No. 2: Preliminary plat 047,PP containing the original application, proof of posting, proof of publication an other documentation pertinent to this request Emlill>it No. 3: · Topographical Map Exhibit No. 4: Preliminary Utilities Plan Exbn.bit No. 5: Preliminary Drainage Plan Exhibit No. 6: I>reliminary Grading Plan ExlldbitNo. 7: Tree Inventory Exhibit No~ 8: Preliminary Grading Plan Sections Eunbit No. 9: Preliminary Tree Cutting and Exhibit No. 10: Slope Analysis Land Clearing Plan Exhibit No. 11: Vicinity Map . Euibit No. 12: Zoning Map Exhibit Nil. 13: Revised Site Plan Exllnitbit No. U: Slope Analysis Exhibit No. 15: Aerial Photograph Exhibit No. JJ.6: Renton Place Div. III Flyer Elizabeth Higgins, Senior Planner, Development Services, 1055 S Grady Way, Renton, WA 98055 reviewed · the staff report. The applicant has proposed subdivision of an approximately 64, 972 square foot (1.49 acre) site into lots suitable for detached, single family homes. Lots would range in size from 4,997 square feet to S, 499 square feet. The property is in a Residential 8 ·(R-8) Zone, which requires or allows between 5.0 and 8.0 dwelling units per net acre. The applicant requested 12 lots, but this would result in a project density of 8.05 dwelling units per acre, which is over the maximum allowable density in this zone. Eleven lots, which staff has recommended a revision for, would result in an allowable density of7.37 dwelling units per net acre. The proposed site is located between Lind A venue NW and Maple Avenue NW between NW 3rd Place and NW 3rd Street, neither of which are open streets .. The property slopes sharply downward from west {Lind A venue NW) Renton Place Division 1H Appeal and Preliminary Plat Hearings File Nos.: LUA00-132,AAD and LUA00-047,PP · January 22, 2001 . "Page S • · to east (Maple Avenue NW). Both existing and potential road widths in the vicinity of the property are severely restricted due to the grade change across the north to south running slope. In addition, Maple Avenue NW and the cross street nearest to the property to the south, NW 2nd Place, both have very steep slopes. There would be no public streets on the property. Lots located on the west half of the site would be accessed from Lind Avenue NW and lots located on the east half would access Maple Avenue NW. Both of these public streets arc in substandard condition at the present time and do not currently meet City of Renton street standards. A modification from street standards has been requested by the applicant to allow Maple Avenue NW to remain a twenty foot wide travel lane. The modification request has received administrative approval based on the potential loss of access to adjacent properties if Maple Avenue NW was required to be widened to full width of 28 feet. Areas of the property proposed for development have slopes in excess of fifty percent grade. Lots I and 4 have · sklpes that fall within the Critical Areas Ordinance No. 4835 definition of critical areas. 1l1e Critical Areas Ordinance regulates slopes that are "sensitive" (25% to 40%) and "protected" (40% and greater) when the · vertical rise is l S feet or more. Slopes on lots 2 and 4 appear to be steeper than 40% with a vertical increase of more than 15'. Staffhas recommended that the proposed lot lines be adjusted to eliminate lot 4 in the steeply sloped area. On lot 2. the building could be constructed forward on the lot and still have the front setback area of20 feet so the steeper area is not of concern. The applicant did not agree with the City's analysis of the steep slope areas. The applicant wi!J OQt be permitted to perfonn construction activities iri these areas without a Variance from the Critical Areas Ordinance. ·· · There are no structures on the site. The applicant will endeavor to balance cut and fill. The entire site would require grading, therefore it is expected that all trees would have to be removed. The project went before the Environmental Review Committee (ERC) and a Determination ofNon- Significance -Mitigated was adopted by the Committee, which was subsequently appealed. The appeal was heard previous to this hearing. Mitigation measures that have been placed on the project include measures that go beyond the City of Renton Code in terms of erosion control. Sile constructioi1 will be limited to the months of April I st. through October 3 I st. A silt fence will be installed, drainage swales will be constructed, the contractor will perform daily review and maintenance, and weekly reports will be submitted to the Public Works inspector. Recommendations of the geotechnical engineers, Nelson-Couvrette & Associates will be required to be adopted. The houses on the new parcels will be required to have approved sprinkler systems, due to the street modification for narrower streets that was requested. The applicant shall pay the applicable Transportation Mitigation fee~ Fire Mitigation Fee, and Parks Mitigation fee Ms. Higgins reviewed the proposal's consistency with Preliminary Plat Criteria. 111e proposal is consistent with the Comprehensive Plan use designation of Single Family Residential in several ways, including representing an investment in underutilized land and providing greater use of urban services and infrastructure. Net development density should fall within a range of S.O to 8.0 dwelling units per acre in residential family neighborhoods. The project, as originally proposed at 12 lots, had a density above the maximum allowed in the zone, but with ] I lots it falls within the range with a density of7.37 dwelling units per net acre. · A minimum lot size of 4,500 square feet is allowed in the R-8 zone. All of the Jots are above that minimum. Although these lots are smaller than existing lots in the neighborhood, no new streets are proposed, and no design features proposed that would address disparity in density within the neighborhood. Although we like to see distinctive stands of trees and natural slopes preserved, it is not anticipated that would be possible with the l ) · Renton Place Division III Appeal and Preliminary Plat Hearings File Nos.: LUA00-132,AAD and LUA00-047,PP January 22, 200 I Page6 deyelopme~t of this project. The 11 houses that have been recommended would add to the City's invento~ and thereby aid us in reaching our targeted housing goals. · The project meets the minimum lot size of the underlying zoning designation. The site plan confonns to the Subdivision Regulations in tenns of lot shape and arrangement. The orientation toward the streets is . acceptable, and each lot would have its own access to a public street, which is preferred~ The existing uses around the project are all residential, and there would be no impact on other uses. The availability of public services has been verified by Police, Fire, and Parks Departments. Stormwater drainage will be designed and built by the applicant on.the property. There is a sanitary sewer line existing near the property, and extensions will be required. Water line improvements will be required onto the property. Staff recommends approval, subject to the following conditions: ( l) compliance with ERC Mitigation Measures, (2) the applicant shall draft a Homeowners' Association or a maintenance agreement for the ma.intenance of all common improvements, (3) the applicant shall submit a revised preliminary plat indicating that the building pad on Lot 2 will be located west of the area that is sloped 40% or more, and ( 4) the applicant shall submit a revised preliminary plat indicating. that the slopes on Lot 4 will not be developed. Ken Williams, Group Four, Inc., 16030 Juanita-Woodinville Way NE, Bothell, WA 98011 stated that the project meets all applicable codes and regulations of the City of Renton. There was a Determination ofNon- Significance issued by the City, dated September 19, 2000. There are eleven conditions imposed that are intended to mitigate the impacts associated with this projecL The DNS is supported by the staff report that was presented to the City's Environmental Review Committee. Additional provisions are made by following the City Codes. Provisions are made for sewer, water, roads, and drainage. In the staff report, the City recommends approval of the project subject to four conditions of approval in addition to the eleven contained in the DNS. The applicant accepts those conditions with two exceptions. The first exception is to condition number 4 in the staff report, which is related tq the steep slopes on the property. It is the applicant's position that the slopes are improperly measured by the staff in Exhibit 14. According to the map prepared by the applicant (Exhibit I 0) there is no slope in excess of 40% that has a vertical rise of 1 S feet or higher. The applicant has not prepared any calculations that would subtract out protected slopes, because the applicant feels there are no protected slopes on the property. Exhibit IO, prepared and submitted by Group Four, Inc. is bmsed on an actual field survey under the direction of a licensed professional land surveyor. The other exception the applicant has to the conditions of approval granted by staff is in regard to condition number 3 contained within the staff report. Staff has made a fmding that the proposed ilensity exceeds the maximum density permitted by the zone. According to the Renton City Code, the R-8 zone has a permitted · . density range of 5 to 8 dwelling units per acre. The density resulting from the 12 lot proposal would be 8.05 dwelling units per acre. It is the applicant's position that this 8.05 does meet the City regulations. The City CQde does not add a decimal point to the 8 dwelling units per acre. The applicant believes that the 8.05 rounds down to 8. The industry standard would be to round down in this situation. The project site is short by 368 · square feet. If the project site had 368 additional square feet, it would be exactly 8.00 per acre. That 368 square feet represents .5% of the project. It _is necessary to do this type of rounding to fulfill the goals and . . objectives of the Growth Management Act to efficiently achieve urban densities. Mr. WiJliains cited the zoning code ~f King, County which rounds fractions to the nearest whole number, with fractions of .S or above rounded up and fractions below .5 rounded down. Unincorporated King County surrounds the City of Renton and there are many projects which have either already been annexed into the City or will be in the future that Renton Place Division [JJ Appeal and Preliminary Plat Hearings File Nos.: LUA00-132.AAD and LUA00-047,PP January 22, 200 J Page 7 apply this method of rounding. This code is present in King County in order to fulfill the goals and objectives of the Growth Management Act Ii1 addition, Mr. Williams pointed out that it is part of this proposal to provide street improvements to both of the main streets that serve the project. There is evidence of adequate access for emergency vehicles and for vehicles that will occupy the subdivision and the surrounding neighborhood. There has been no demonstration that this project will create specific impacts that would offset the road improvements that are proposed. Lance Gyotoku, Group Four, Jnc., J 6030 Juanita-Woodinville Way NE, Bothell, WA 98011 stated that the Level I drainage analysis terminated just before the.airport. The improvements on the project's half of Lind Avenue are accounted for in the detention. A portion of Maple will have to be looked at when final engineering design is done. At this point, it appears some of.th_at may have to be bypassed. That would be accounted for in the sizing of the tank. If underground springs are found, they will have to be quantified and analyzed by a soils engineer, and be taken into consideration when the.tank is sized. The roof drainage and impervious surface drainage will be collected in the retention tank as well. Jhomas Little, 320 Maple Avenue NW, Renton, WA 98055 stated he resides directly east of the proposed development and his property will be most affected by the project. He expressed concern about the proposed density of the project, and submitted a photograph of the area, pointing out that most of the homes are relatively far apart. Eight homes per acre is the maximum for the R-8 zone. A more appropriate number of homes for this project would be five to eight homes rather than the eleven to twelve proposed for the development Keeping tl1e quantity of homes down will maintain the quality of life in the neighborhood. Mr. Little also expressed concem that removal of trees for installation of the drainage system could allow for more runoff down the hill. Me also expressed concern about street closures during construction affecting emergency vehicle access, and issues related to increased traffic in the area. He stated the drainage system planned for the project would tie directly into a drainage system he put in on the vacated portion of NW 3rd Street to the south. His cost for putting in this system was approximately $45,000, and he does not see any mention of reimbursement for the project tying into his system in order to drain down to Taylor Ave. He also expressed concern about . other drainage issues that would affect.his property. In addition, Mr. Little submitted a flyer posted in his neighborhood advertising the project as though it were already approved. Arneta Henninger, Development Services, I 055 S Grady Way, Renton, WA 98055 clarified the matter of driveway slopes. The City of Renton Code states that driveways with slopes between. 8% and 15% are required to have approval from the Board of Public Works. Fifteen percent is the maximum slope allowed for driveways. Jv{s. Higgins stated that the density range for the R-8 zone is between 5.0 and 8.0. There could actually be significantly fewer lots on this development and be within this range. The City does not have a precedent of rounding fractions. TI1e City has annexed some projects that are more dense than what the City's code allows. The City tries to make sure that projects with a. higher density than what is allowed in the zoning range are not approved. Ms. Higgins clarified the types of slopes regulated by the Critical Areas Ordinance, and suggested that since there is disagreement over the slopes on the property the applicant provide an independent review of their steep slopes study by a qualified professimial selected by the City at the applicant's expense. as provided for in the Critical Areas Ordinance. Regarding grading, Ms. Higgins stated that areas that do not meet the Renton Place Division Ill Appeal and Preliminary Plat Hearings· File Nos.: LUA00-132.AAD and LUA00-047,PP January 22, 2001 Page 8 .· . . criteria for sensitive or protected slopes may be graded, but areas that do meet those criteria cannot be graded . unless they are exempt for some reason or a variance from the Critical Areas Ordinance is obtained. · Dan Roupe. Group Four~ Inc., 16030 Juanita-Woodinville Way NE, Bothell, WA 98011 discussed the methods that were applied to create the topographical map and slope analysis .. Mr. Roupe stated that in no instance di_d the slopes on the property go above IS· feet. Therefore, it is the position of the applicant that there are no critical slopes on the· site that need to be protected .. . . Mr. Williams addressed several comments made by Mr. Little. When trees are re~oved, the amount of runoff is increased; however, this runoff will be collected and detained by the drainage system, and there will not be impacts to Mr. Little's property. It may be necessary to remove trees within the City right-of-way in order to widen the roadway. Regarding connecting to Mr. Little's existing drainage system, the applicant would be able to place a separate system within the City easement to handle just the drainage from the project. There is no need to connect to Mr. Little's system. Regarding whether it is permissible to place fill in vacated City streets, the streets have been vacated and are now owned by a private individual, and with proper permits it is permissible to do so. Regarding the density range for the R-8 zone being 5.0 to 8.0 as stated by Ms. Higgins, Mr. Williams said that the copy of the City Code he has does not have decimal points after the numbers in density ranges. The E:nami1111u called for further testimony regarding this project. There was no one else wishing to speak. The hearing closed at 12.15 p.m. FINIDJllNGS, CONCLUSIONS & DECISION Attached are the Hearing Examiner's Decision on the SEPA Appeal and Recommendation to the City Council . on the Preliminary Plat. The appeal date will run 14 days from this publication date. TRANSMIITED THIS 22nd day of January, 2001 to the parties of record: Russ Wilson 1055 S. Grady Way · Renton, WA 98055 Elizabeth Higgins JOSS S. Grady Way . Renton, y.t A 98055 Ameta Henninger IOSS S. Grady Way Renton, WA 98055 Barbara Shinpoch 361 Maple Ave NW · Renton, WA 98055 Justin Osemene Intellex Law Group LLP University Station PO Box 45331 Seattle, WA 98145 ·oanRoupe Group Four, Inc; 16030 Juanita-Woodinville Way NE Bothell, WA 98011 Ken Williams Group Four, Inc. · · 16030 Juanita-Woodinville Way NE Bothell, WA 98011 Lance Gyotoku · Group Four, Inc. 16030 Juanita-Woodinville Way NE Bothell, WA 98011 Thomas Little 320 Maple Avenue NW Renton, WA 98055 . Renton Place Division IJ1 Appeal and Preliminary Plat Hearings File Nos.: LUA00-132,AAD and LUA00-047,PP January 22. 200 I Page 9 · ) TRANSMITTED THIS 22nd day of January, 2001 to the following: Mayor Jesse Tanner · · Members, Renton Planning Commission Larry Rude, Fire Marsh~! Transportation Systems Division · Utilities System Division Sue Carlson, Econ. Dev. Administrator · · South County Jounial Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Lawrence J. Warren, City Attorney Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Betty Nokes, Economic Development Director Larry Meckling, Building Official Pursuant to Title JV, Chapter 8, Section IOOG of the City's Code, request for reconsideration must~ filed on writing on or before 5:00 p.m., FebrBJall)' 5, 200H. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appe11ant, and the Examiner may. _after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section ll 0, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall.. . If the Examiner's lRecommelllldation or Decision ·coatains the requirement for Restrictive Covemnnts, 'the eucntecll Covenants will be required prior to eipproval by City Council or fnnal processing of the J!iDe. - You may co~tact this office ll'or information on ll'ormmtti111g «:ovenaots. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) commun.ications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all · interested parties to know the contents of the communication and would allow them to openly rebut.the · evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initia1 public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. U- ) , 4 .io....6' ~ a:ALC r"• .,,. LIH!ll!f.Q_ ·-. .. ...... " .. A•""...,. ........ l!ilMt-.lt CZJN:11;:11 .... , ,0 ..,.,,...,flllll ............. ...oi=- • tCll~llol·· a 'llc:ll'"'-1 ....... . -·~ -m _...,. .. At~••• ~ 1 f PM OCS8fPDOH £~~~=-..:(·~ .. ':. ... ' ::r""sr::::' Al::" ~ 0 1111 ll::lt:::11 fl OOll;D; IDl'l;ll ~ooiCIC!lt:::tO .... 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H1r1r. »:f I ~ CITY OF ~ RENTON PRELlMINART TREE C11111KG ANO LAND Cl.!ARlHC. 1't.N1 RENTON PUCE DIV. l I I I I p I,' .... - ~/ . : ! j ; l i ~:ta~ i i i ......... • .....•••• • ......... · .......... = ....•...• • ..•....•• • •......•. • ......... · ~ g i ~· g fi 8 ~ ~ CITY Cit RENTON "' .... -- 1 2 3 4 5 6. 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -29 30 31 32 33 · 34 e. BEFORE THE CITY OF RENTON ~G EDMINER RE: Renton Pl.ace Di.vision XXX Preliminary Pl.at Irv Berteig, Hearing Examiner Pro Tern ) Cmse No. X.Ul\'"".00-04\"1 v PP, EC!' ) Bob Tozer and Donna Tozer, Bella Homes, Applicant ) ) -) ) ) ) ) ) ) ~~-,.-~~~~.,._~~-,.-~~-,.--,.-~-> BACKGROUND lnlN!DmGS, CONCIWSIQNS .Mm DEC:ISX01NI On or about March 2, 2000, the Applicant began submitting an application for a 12-lot subdivision of a 1.49-acre parcel,· "Renton Place Division IIIn Preliminary Plat. The application. was deemed complete on June 26, 2000. During the initial public hearing process, it was determined that the Applicant did not follow proscribed procedures for public notification of the proposed project. The project process was reinitiated, wherein an appeal was filed to the Mitigated Deterinination of Non-Significance [MDNSJ. Subsequent to the filing of the SEPA appeal, the Renton Hearing . . . - Examiner recused himself, and this Examiner was appointed to serve pro tem. Accordingly, the first two hearings before the City's Examiner are not available to this Examiner, and all parties were advised to repeat their testimony. PROCBD10'R!U. INFOIUiA~ION Si.ta.Vint: December 14, 2000 Open lRecorcSJ. ~al lBIE!!aring: December 19, 2000 Post lllearing Site Vi.sit: December 19, 2000 The hearingwas opened at 9:00 a.m. in.the Council Chambers on the seventh floor of City Hall, at 1055 s. Grady Way in Renton. The Examiner circulated copies of a draft list of documents from the department file that appeared·relevant, and advised that the parties are responsible to identify any other documents. for possible admittance .. The Examiner then explained the hearing procec;lures: Bob Tozer & Donna Tozer; Bella Hornes Page 1 LUA-00-047.PP,ECF "Renton Place Division ID Preliminary Plat" Rndings. Conclusions . and Decision 1 This will be a joint public hearing to consider both the SEPA appeal 2 and the preliminary plat; however, the two issues will be separated 3 sequentially as follows: 4 1. The open record appeal hearing would be conducted first, 5 starting with the Appellan·t followed by the City as Respondent. At 6 its conclusion, the hearing portion would be closed but the record 7 held open through the open record hearing on the preliminary plat to 8 allow consideration of plat infonnation that.may be relevant to the 9 SEPA appeal. 10 2. The open record hearing on the preliminary plat would be . 11 conducted next, beginning with the staff, followed by the Applicant, 12 ~nd then open to public testimony. Testimony and documents accepted· 13 during the SEPA appeal may be relevant to the preliminary plat. 14 Lpon closure of the public hearings, the record on the 15 preliminary plat would be held open until a decision 1s reached on the 16 SEPA Appeal. 17 A verbatim recording of the total public hearing was made. The 18 City maintains the tape~ 19 li'or the City: 20 Russ Wilson, City Attorney 21 For the J.1Wllcant 22 Justin osemerie, Attorney· 23 Partic:ip..mts int th® SDA ~al.: 24 Barbara Shinpoch, Appellant 25 Elizabeth Higgins, senior Planner, City 26 Partic:iprnt.s at the Prel.:iwjaary Pl.at El®clri.ng: 27 Elizabeth Higgins, City Senior Planner 28 Arneta Henninger, City Development Services 29 Ken Williams, Group Four, Inc. Project Planner 30 Lance Gyotoku,·PE, Group Four, Inc., Project Engineer 31 Dan Roupe, Group Four; Inc., Land Surveyor 32 Thomas Little, Neighbor. 33 The public hearing was closed at 12:15 p.m. with the record held open 34 until a decision is reached on the SEPA Appeal (about 14 days). Shinpoch SEPA Appeal lUA-00-132.AAD Page2. "Renton Place, [)iv. Ill" Findings. Condusions and Decision I!. ~. .· ,1 zxin:s:n:s:,, 2 · Appeai.l of ·sEPA Mi:>as: 3 5 .. ~. 7. .8 9 10 _il , ,12 13' .. 14 15. 16 17 18 19, 4 • 20' 21 22 23 24' ~s·.- 29' 2'7 '.28' '···2i 30, 31 '32 '· 34' ~p~al 1 . Appe_al Letter by Barbara Shinpoch . HE 1 HE 2 HE 3 HE 4 HE 5 HE 6 HE 7 ' ., Packet of Review Memo Resnonses' GroupFour, Level-1 Analvsis, G4, Ltr by Lance Gyotoku, ·PE,. re: Modification, of'development requirements"-road'improvements & biofiltration G4, Project Narrative G4. ConstructionMitiaation Plan Environmental-Checklist,Js/Ken Williams. G4 G4,. Ltr by KenWilliams_supplemental submittals ~Ii sldoe· ., ' .· ' ' DATE . as received· 12/6/200()·by Cit .· Clerk · .;/·. .._ ' DATE 11/19/2000 · 4/12/2000 2/23/2000 rcvd4/12/00 3/2/2000. 3/6/2000 · 3/2/2000. · 6/14/2000 HE 8 Renton "Density Worksheet Jor Deyelopmen~ in R-8. }ll,1/2000. Zone'''' . HE 9 Memo from Neil watts .re:· Preliminary· Plat 'Review 7/li/2000. · HE 10 HE 11 · HE 12 HE 13 . HE 14 ~··15' Parks: Environmental & ·nevelopmerit ·Appl ,Review ' Comlilent-Ltr bv'Barbara·Shinooch Pioiect·DataEx:cernt and Tope, Map Annotated by? CoDllll'ent ,Ltr · by_ Thomas , & ,Laura Little . · St~ff. Report 'to the Environmen~al· Review , ... · -commi t:teei: ,. · . -. . . . . .. . . . . .. ' , 6/29/2000 .• ,7110/2000 7/5/2000 No date 7/6/2000' .•. 9/19/2000 HE 16 'Determination Of'. Non-Significanca .(Mitigated); ,.:: .. sianed cover.: HE' 17 . '; ,MDNS .:.:: M.itiflation Measures HE 18 · MDNS· -Advisory ·Notes .•.· HE 19· Nelson:..:Couvrette·& Asssoc Geotechilical. '· :, .' · Erialneeri~a-Evaluation .for G4 O. ·: 1 · .. Pro·ect .File·. · 2 Sheet 1 of 8; Preliminar · Plat 3 · · Sheet 2 of 8; Topographical .Map· .Sheet 3 of ,8; .Preiiminar Plan Sheet 4 of·8; Preliminar e Plan,· 6 Sheet s at 8; Prelilliinar Plan Bob Tozer & Donna roier, Bella Homes Page 3· _ . LUA-00-047.PP.ECF . . .. , -. "Renfon Pklce.Division 111 ~lnqry Plat" : '{ '. '' . -same date"- ·--:same date-· 3/l)/20.00· rcvd. 4/12/00 DA1E .No Date '10/15/~9· · Revi,sed and· Rcvd 6/14/00 -• ,_. -1., .' •. ··. Fincti~.c~~ · andQed!ion 1 2 3 4 5 6 7· EXHIBIT 7 6 9 10 11 12 MstRiPTIOl\l Sheet 6 of 8; Existing tree inventory~ labeled ~Preliminarv Tree Cutting & Land Clearing Plan" Sheet 1 of 8; Preliminary Grading Plan Sections Sheet B of 8; Preliminary Tree cutting and Land Clearina Plan Sheet l of l; Slone Analvsis Vicinitv Mao Zonina Mao DATE Revised and Rcvd 6/14/00 Rcvd 6/14/00 Rcvd 6/14/00 Rcvd 6/14/00 Rcvd· 4/12/00 12/99 a · Exhibits Sumi.tted &t the Publ.i.o Becaring: 9 10 11 12 13 14 15 1. EXHi8iT OESCIIPnoM DATE 13 Revised Site Plan 14 Slope Analvsis 15 Oblicrue Aerial Photoaraoh 16 Handout on Sian Posted on Propertv current FINDINGS OF FACT The Applicant proposes a subdivision of an approximately 64,972 16 square foot (1.49 acre) site into lots suitable for detached, single- . 17 family houses. Lots would range in size from 4,997-sf to 5,499-sf. 18 2~ The subject property is legally described as Tract 45 of N.H. 19 Latimer's Lake Washington Plat together with the south half portion of 20 vacated NW 3N Place and the north half portion of vacated NW 3rd st. 21 The property is l_ocated. between Lind Avenue NW on the west and Maple 22 Avenue NW on the east. The Applicant provided a land survey of the property, inciuding 24 topography at 2-foot contours. The site slopes downward from west to . 25 east. The City does not contest the land survey and topography; 26 however, the Applicant contests the City's method of measurement of 27 the area of Protected Steep Slopes. 28 4. A SEPA Determination of Non-Significance (Mitigated) was issued . . 29 September 19, 2000 and published September 25, 2000. The MDNS 30 contained 11 mitigation measures. The Appellant filed a timely appeal 31 on october 6, 2000. 32 5. Prior to hearing testimony by the Appellant, the City Attorney 33 argued that the Appellant did not have standing to pursue the appeal. 34 The Examiner observed that the pre-hearing record did not indicate the Shinpoch SEPA Appeal LUA-00-132.AAD Page4 "Renton Place. Div. m· Andings. Conclusions and Decision 1 of 8 dw~lling units/net acre. The Applicant argues that the City 2 should have rounded 8.05 to 8. 3 . b. condition 4: The Applicant provided a land survey of the 4 property, including topography at 2-'-foot contours. The site slopes 5 downward from west to east. The City does not contest the land survey 6 and topography; however, the Applicant contests the City's slope 7 analysis to determine the area of Protected Steep Slopes.· The City 8 analyzed the Applicant's ground surveyed topography to delineat~ areas 9 of Protected Slope. The Applicant contends that the City's method of 10 measurement does not conform to convention--narnely that distances 11 between contours must be measured at a right-angle to the contour. 12 The Applicant argues that there are no areas in excess of 40% slope 13 that extend the required 15-foot continuous rise. 14 6. Maple Avenue·NW intersects with NW 2nd Place at a steep grade 15· without a standard landing and with limited sight distance in both 16 directions. The grade conditions are sufficiently severe to asswne 17 all traffic will be impacted during snow and ice conditions, and that 18 large vehicles may not be able to traverse the intersection. Under 19 such inclement conditions, all traffic logically will use NW 4th St. 20 7. Regarding surface drai~age, Staff advised that the Staff Report 21 to the Hearing Examiner contained an error on page 5, third paragraph. 22 The sent.ence (Discharge from roof drains would be infi.ltrated 9n site.) is 23 in error and should be stricken. surface drainage in fact will pass 24 through a retention tank and exit to a drainage conveyance to the 25 City's system. · 26 8. In response to questions by the Examiner and in rebuttal to 27 testimony by a neighbor (Thomas Little), the Applicant's project 28 engineer (Lance Gyotoku, PE) described their conceptual system·and 29 that a separate drainage line would be placed in the drainage easement 30 within the vacated NW 3N right-of~way, and they would not use the 31 drainage line installed by Mr. Little. 32 9. · .·. In_ response to questions· by the · Examiner as to whether he had 33 conducted an up-stream analysis as well as his down-stream analysis in . 34 his "Level 1 Analysis," Mr. Gyotoku explained that a formal · up-stream Bob Tozer & Donna Tozer, Bel!o Homes Page 5 LUA-00-047,PP.ECF "Renton Place Division m Pretiminaly Plat" Findings. ConcJusions andOedsfon ' 1 REVIEW CRITERIA 2 Appeals of SEPA Determinations are reviewed de novo, and are 3 evaluated under the error of.law standard with weight given to the 4 Department. Issues of fact are reviewed for substantial evidence.· . 5 The burden of proof rests with the.Appellant.1 6 Regarding et.anding, the courts have applied a two~part test:» 7 (1) Whether the party is within the zone of interests . 8 protected or regulated by SEPA, and 9 (2) Whether the party alleges an injury in fact. To show 10 an injury in fact, the party must allege specific and perceptible 11 harm. If the party alleges a threatened rather than an existing 12 injury, the showing must be specific--a conjectural or hypothetical 13 injury will not confer standing. 14 CONCLUSIONS OF LAW 15 The following Conclusions apply only to the SEPA appeal and may 16 contain additional Findings of Fact:· 17 ltlegardi.ng tJlle ~t' m stallldillllg to ·aippeal 11 SEPA Deterndnati.on: 18 1. The Appellant is within ~he 'zone of interest' and has alleged 19 resulting harm with sufficient specificity.-The Appellant•s·residence 20 is adjacent2 to the north boundary of .the proposed development, and on 21 the same side of Maple Avenue NW. Findings 7 and 8 des.cribe the 22 23 24 25 26 27 28 setting and substantiate the Appellant's contention that traffic on ~ple will be oriented to the north ra.ther than use NW 2Qd Place. In general, parties owning property adjacent to a proposed project and who allege that the project will injure their property have standing.4 2. The Appellant has standing . to appeal the SEPA MONS, which means that her arguments on the appeal will be considered. . 29 1 Anderson v. Pierce County, ·a6 Wn. App. 290, 30_2, 936 P.2d 432 (1997). 30. 3 Anderson, 86 Wn. App. at 299. See also Wenatchee Sportsmen Association v. 31 32 33 34 Chelan County, 141. Wn.2d 169, 175.,.-176, -P.2d -{2000). » The tenn adjacent i~ defined·in Black's Law Dictionary as "Lying near or close to;'"' while· adjoining is "'Touching or contiguous ••• "' · 4 Suquamish Tribe v. Kitsap county, 92 Wn. App. 816, 829-830, 965 P.2d 636 (1998). Shinpoch SEPA Appeal lUA~132,MD Page6 · "Renton Place. ON. ID" Findings, Conclusions and Decision l· 14. The City conducted a slope analysis to identify slopes equal or 2 · greater than 40%, and within those mapped areas identified slopes that 3 traversed a change in elevation of 15 feet. The Applicant objects to 4 the City's method of measuring--namely, that the City's measurement was 5 not taken at right angles to the contours. 6 15. The Nelson-Couvrette geotechnical report1 concludes that the site 7 · contains surface materials that have moderate to severe erosion 8 potential. The underlying materials consist of very dense glacial 9 till the sandstone bedrock and are stable. 10 11 ·REVIEW CRITERIA 12 The Hearing Examiner is authorized to hold a public hearing on 13 all preliminary plats and to make recommendations to the City council. 14 In addition to City Ordinances, a preliminary plat must meet the 15 purposes stated in RCW 58.17.010 and the criteric;l of RCW 58.17.110. 16 Applicable Sections of the Renton Municipal Code include: 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 33 34 RMC 4-2-llOA Residential 8 du/ac (RB) Zc>ne Standards, Development Regulations RMC 4-4-060 Grading, Excavation and Mining Regulations, Development Regulations RMC 4-6-060 Street Standards, Development Regulations RMC 4-7 Subdivision Standards, Development Regulations· RMC 4-4~.:..130 Tree Cutting and Land Clearing Regulations, Development Regulations Ordinance No. critical Area Ordinance 4835 Comprehensive Land Use Element~Residential Single Family · .Plan Transportation Element Housing Element Environmental Element The Applicant _raised arguments of interpretation and statutory. construction, to which the Examiner applies the following principles in addition to the City,-'s Rules of Construction:a 2 HE 19 at page 6 2 RMC 1-2..:1 Bob Tozer & Donna Tozer. Bella Homes Page 7 LUA-00-047.PP,ECF aRen1on Place Dlvision m Preliminary P1ot" Findings. Conclusions · andDeds!on 1 7. Grade of NW 2nd Street. The Staff Report to the Environmental ·. 2 Review Committee did recognize that the NW 2nd Place/Maple Avenue NW 3 intersection exceeds the maximum street standard of 15%. grade.a 4 8. Emergency vehicle access. As noted in Conclusion 7 above, the· 5 problems of grade were cited and mitigations proposed.7 6 9. Applicant/Appellant Contacts~ Applicants are encouraged to 7 communicate with neighbors to seek common solutions to problems. The 8 act of an applicant contacting an appellant is not disallowed. 9 sumrmiiary Concluej.ons: 10 10. An obvious purpose of the SEPA review is to make a "threshold" .11 determination. If the potential impacts would be so severe that the 12 threshold would be crossed, then an environmental impact statement 13 must be prepared. Often less understood is that the mitigations must 14 address potential impacts that would otherwise cross that ~severe 15 impact" threshold. Another less understood SEPA rule is that adopted 16 regulations and standards are assumed to be applied by the Ci,ty; and 17 therefore, are not necessary to add as mitigations. In this case, 18 application of minimwn street standards is assumed to create a setting 19 wherein certain traffic· volumes can be safely accommodated. Single~ · 20· family residences are found to gener~te approxi~tely 10 to 12 trips 21 per day. Residents are expected to have a wide range in number of 22 cars .. While the Staff Report to the Environmental Review Committee 23 could have been more specific, critical errors are not evident. 24 11. The Appellant has not met her burden of proof. 25 26 .27 28 29 30 31 32 33 34 e Id. at page 9 7 See in particular Mitigations 8, 9 and 10. Shinpoch SEPA Appeal LUA-00-132.AAD Poge8 "Renton Ploee. ON. HI" Findings. Conclusions . and Decision 1 from considering 'adverse impacts within the scope of its other 2 regulations. n 3 Denm.ity/Rouncling (Cond.:ition 13) Xssua: 4 2. The Applicant objected to the City's conclusion t:hat the proposed 5 12 lots· (with its density calculation of 8.05 dwelling units/acre) 6 exceeded the Development Code limit of 8 du/acre. The Applicant 7 contends that the density calculation should be rounded; and 8 therefore, that the lots should not be reduced to 11. The Applicant 9 argued that King County's code could be applied since Renton does not 10 have a definition or provision dealing with rounding.u 11 3. Renton's whole Development Regulations must be read together. 12 ~he City addresses two forms of density: gross density and net 13 density.u, ,Clearly, net density assumes a more refined measure. The 14 Development Regulations also define a minimum and maximum range for 15 density in the R-8 zone~ with net density expressed in dwelling units 16 per acre.14 Moreover, the Code provides a limited exception for 17 maximum density in the R-8 zone, when the parcel is equal or less than 18 1/2 gross acre in size. Under such circumstances, the maximum density 19 is 9.7 dwelling unit:s/acre. The Applicant's argument,tbat rounding 20 should apply would mean that the maximum density would be 8.05 21 dwelling units/acre rather than 8 dwelling units/acre as adopted. If 22 the City meant 8.05, it could have adopted 8.05: dwelling units/acre. 23· 24 25 26 27 28 29 30 31 32 33 34 n Farm: OWners Ass'n V, Shorelines Bd., 100 Wn. App. 341, 352, 997 P.2d 380 (2000). Also citing save Our Rural Env't v. Snohomish County, 99 Wn.2d 363, 371, 662 P.2d 816 (1983) and Federated American Ins. co. v .. Marquardt, 108 Wn.2d 651, 656, 741 P.2d 18 (1987). . M King County has rule for rounding, quoted in pertinent part: · .RCIC' .21.IJ..12. 070 O!ilca.lat:icao -Allawab.le c:IRl.lling mlit:D, lob or fioor 8lZ'lllll!I. Pe.rmltted number of unlts, or lots or floor .area ,shall be detezm.ined as follor:1s: D. 'Mlen ca.lculatlons result ln a frc1ction, the .fraction shall be rowided to the nearest whole number as foll.ows:' ' l. Fractlons of . 50 or above shall be rounded up; and 2. Fractions below .50 shall be rounded down. la RMC 4-ll-040D ll<I RMC 4-2-llOA. R-8 Maximum Density states: B~Uli':!E/1Netllae-fllrsu.WMsitmandlur ~ of tots gT88lulhan 10. g,ms 8iC18 in size, a of Af1B1dJ 1, 1995. ~ 7 DltRll/ing tJnils/1 N6l Al:te-fm~ tmdlar ~ at lofs 112 gma sae ln sfza crlssa, es of DJkudJ 1, 1996. Bob Tozer & Donna Tozer. Bella Homes Page 9 LUA-00-047.PP.ECF "Renton Place Division ID Prelimlnay Plat" Andlngs. Conclusions andoadion 1 4. Renton did not adopt King County's code provision on rounding. 2 Moreover, King·county's Code contains a number of bonus and adjustment 3 factors, which may have been a consideration in adopting a rounding 4 provision.1$ King County's legislative intent is not known; and of 5 course, the plain meaning of the number 8 would prevail.10 6 5. The Applicant's argument fails. 7 Topo/Measuremsnt (Conelli.ti.on i4) J:esue: 8 6. Renton's Critical Area Regulations prohibit development on 9 Protected. Slopes, 87 which are defined as ... an average sl~ • • • of forty 10 percent (4Dt) or greater and a minimum vertical rise of fifteen feet. (15 'J .111 11 Renton requires that topographic maps utilize 2-foot contour 12 intervals, 1' which the Applicant provided. Slope is conventionally · 13 characterized as the chang~ ii"ile~ati~n (in this case 2-feet) divided 14 by the shortest horizontal run_, and expressed as a percent. A 15 Protected Slope has the added characteristic of a minimum vertical 16 rise of 15 feet. A Protected Slope would be calculated (and measured) 1.1 as. 15 feet. divided by the shortest horizontal run of 37. 5 feet or 18 less .. Since the Protected Slope is an average slope, there may be 19 intrusions of lesser slopes so long as the 15-foot rise is over no 20 more than a run of 37. 5 feet.. Since the Cr.'i ti cal Area Regulations 21 refer to a contour interval and a vertical rise, the Applicant's 22 analysis limiting measurements to even number elevations is. too 23 restrictive.· For instance, the Applicant's Slope Analysis shows 52% 24 between elevations 174 and 188 feet-but tne slope averages 47% even if 25 the 190-foot elevation is added [16-ft I 34-ft ~ 47%}. There may be 26 more examples; however, the 52% example above appears to be a narrow 27 drainage feature, perhaps as little as ten feet wide and occupying 28 about 300 to 400 square feet. ·29 30 31 .32 33 34 16 This Examiner was responsible,for the drafting of much of King County's regulatory_measures prior to1990, and.knows of _the range of considerations. 19 In re Estate of Little, 1()6 ·Nn.20 at 283 n RMC 4-3-0SOJ. 5 . ns RMC 4-11-1905 [with emphasis added} 19 RMC 4-3-0508. 4 Bob Tozer & Donna Tozer. Bella Homes Page 10 LUA-00-047.PP.ECF uRenton Place Division Ill Preliminary Plot" Findings, Conclusions and Decision 1 7. Protected Slopes are important because development is prohibited. 2 However, the .Critical Area Ordinance als~ considers Sensitive Slopes, 3 those greater than 25%, including those slopes greater than 401 with a 4 rise of less than 15 feet. Sensitive Slopes -occupy nearly two-thirds 5 of the site. 6 8. J:urisdictions, cities and counties, treat steep slopes 7 differently. One common school of thought recognizes that slope must 8 be evaluated with its surface soils and underlying geology. The 9 Geotechnical Engineering Evaluation by Nelson-Couvrette & Associates 10 concludes that the surface soils are susceptible to erosion while the . 11 underlying bedrock and deep analysis show stable slopes.lie This is an 12 acceptable combination because erosion can be controlled while deep- 13 seated earth movement would be far more problematic if present. 14 Here, the steepest slopes a~e near Lind Avenue NW, where the upper 15 lots will be receiving structural fill against the slopes. 16 9. The site preparation and grading and fill placement instructions 17 contained in the Nelson-Couvrette geotechnical report state that 18 keying and benching must be accomplished before placing the structural 19 fill in compacted lifts.st These are appropriate methods. Neither the 20 Staff recommended conditions nor the Advisory Notes to Applicant 21 address the City review of these grading and site preparation aspects, 22 and the SEPA ERC Mitigation Measures refer only generally to·. following 23 the Nelson-couvrette report. Also, the Applicant.is proposing 4-foot 24 high rockery walls traversing the site. A 4-foot rockery does not 25 require.a Uniform Building Code [UBCJ engineering review; however, -in 26 this instance the rockery will be retaining a· considerable slope., 27 Rockery walls are generally erosion methods, and are not the 28 equivalent of an engineered retaining wall. A condition should be 29 added to assure proper City engineering review of the Nelson~Couvrette 30 geotechnical report, its recommended methods of c~t and fill, and the 31 4-foot rockery walls. 32 33 34 20 see Finding 5 above ~nd HE 19. 111 HE 19 at pages 7-9. Bob Tozer & Donna Tozer, Bella Homes Page 11 lUA-00-047.PP,ECF. "Renton Place ~lsion m frellminary Plat" -. . -. . Findings. Conclusions and Decls!on .1 1· Drainage (runoff/Slti.sting pipe) Xssue.s: 2 10. As noted in Findings 7, 8 and 9 above, drainage issues have been ·, 3 addressed such that drainage from the east half of Lind Avenue NW, as 4 well as subsurface seeps, will be accommodated in the drainage 5 collection system. The Applicant proposes to collect.all roof and 6 impervious surface drainage as well, and convey drainage. through a 7 retention system before exiting to receiving facilities via a new _8 drain line to be added in the drainage easement below Maple Avenue NW. 9 This conceptual system is intended to comply with the King County 10 surface Water Design Manual without impacting existing.drainage lines. 11 On-Street Padr.ing :Isullues: 12 11. Maple Avenue NW between NW 2n<1 Place and NW 4th· Street·· is 13 substandard in paving width such that on-street (or on-pavement) 14 parking in front of the.subject property would block traffic. Street 15 improvements, including the approved modification to pavement width, 16 would relieve iraffic movement. The six proposed lots fronting on 17 Maple Avenue NW would add traffic and parking demands; however., .each 18 lot would provide off-street parking for four vehicles (counted in 19 tandem arrangement). The ERC approval of the pavement width 20 modification is reasonable and is,not in error. 21 SUMM2i\RY CONCLUSXONS: 22 12. The Staff Report contains a detailed analysis of the proposed 23 preliminary plat and its compliance with the Comprehensive Pl'an and 24 applicable Development Regulations. The Examiner has reviewed that 25 analysis, the applicable codes, reviewed the site and surroundings, 26 and conducted a public hearing; and ·now adopts the Staff Report , 27 analysis as his own Findings and Conclusions, except those portions 28 corrected by the above Findings of Fact and Conclusions of Law. 29 13. 30 The Preliminary Plat is suitable for approval. - 31 32 33 34 Bob Tozer & Donna Tozer, Bella Homes Page 12 LUA--00-047.PP'.ECF · ·Renton Place Division m Prelmlnary Plat" Findings, Conclusions and Decision 1, 1 DECISION 2 Based upon the testimony presented at the joint open record.hearing 3 and open record appeal hearing, the do.cuments and exhibits admitted 4 into the record, visits to the site and surroundings, and the above 5 Findings of Fact and Conclusions of Law, it is .hereby the 6 recommenation of the Hearing Examiner Pro·Tem that the.eleven lot 7 preliminary plat, Renton Place Division III Preliminary Plat, Project 8 File No. LUA00-047, PP, ECF, be APPROVm>, subject to the· following 9 condi t1ons: . 10 1. 11 12 13 Compliance with ERC Mitigation Measures: The Applicant is required to comply with the Mitigating Measures, which were part of the issued Environmental Review Committee Threshold Determination. .14 2. The .Applicant shall draftand record either a Homeowners' 15 Association or a Maintenance Agreement for the maintenance of ali ·16 common improvements, including private stormwater .facilities and 17 utility and other easements, and other common areas. A draft of 18 the document shall be submitted to the City of .Renton Development . . 19 . Services Divisi·on for review and approval by the City Attorney 20 prior to the recording of the final plat. 21 3. The Applicant shall submit a ~etailed grading plan that complies 22 with the Nelson-Couvrette geotechnical report recommendations, 23 the Conclusion of Law No. 7 above regarding rockeries; and that · 24 indicates the location of building pads (or building envelopes) 25 for Lots 2 and 4. The detailed grading plan shall be subj'ect to 26 review and approval by the Developm~nt Services Department. 27 Compliance with this condition shall precede recording of the 28 final plat. 29 Dated thi.s 17t1o day of Jam.uaucy 2001. 30 31 32 33 34 ><f tS~ XJ:V Berteig Renton Bearing lh,agmj ner Pro Tam ib Bob Tozer & Donna Tozer, Bella Homes Page 13 LUA-0()-047,PP.ECF "Renton Place DMsion Ill Pre&ninary Plot" Findings. Conclusions ondDedsk>n .• APPLICATION NO(S): APPLICANT: PROJECT NAME: C~TY OF-RENTON DETERMINATBON OF NON..SIGNIFICANCE (MITIGATED) MIT~GATION MEASURES q.JA-00-047,PP,ECF Bella Homes CITY OF RENTON RECEIVED. MAK \ 2. '11JD·'i 1!3UIU>ING DIVISIQN RENTON PLACE DIVISION Ill PRELIMINARY PLAT DESCRIPTION OF PROPOSAL: The applicant has proposed subdivision of a 1.49 acre property by means of the Preliminary Plat process into 12 lots suitable for single-family residential developmenl The property-is · ·· located in the Residential 8 Zone, which allows single.:.family ·residential development at densities Op to eight" · dwelling units per net acre. A modification from City of Renton Street Standards has t>een requested. Environmental review and a public hearing before the Hearing Examiner will be required. · · LOCATION OF PROPOSAL: Between Lind Avenue NW and Maple Avenue NW at NW 3111 Street MITIGATION MEASURES: ·-1. isliei~~E!J9It!liii~/11ri1ttJl;'.ih~~fu~ffi~~1~1~#itti~gf!~~,ll v'2. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The sUt · fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in section d.4.3.1. _of the King County Surface Water Design Manual, Appenaix D. This will be required ;during the · construction of both off-site and on-site improvements · as · well as buff ding construction. · · · · · · · · J i Shallow ~rainage s~les s~ali be. cons_ truc.te4 to intercep! s~ifa~ ~t~~ flo~ ~n·d ~~tte the flow. away frrim. !fle . ·. ·--~~ . , consln!ct1on area to a s~bll~ed_ ~1s~arge_ p~mt Vege_tation growth_ ~hall b~ ~bh~hed In ~e ditch by see<!mg. • . f . ::=:,J · .. _· or placmg sod. Depending on site grades, it may be.necessary to hne the _ditch with rock :to protect the ditch : ....... >~ · from erosion and to reduce flow rates. The design and construction or drainage ·swales shall conformJo Jhe_ · . specifications presented iri section 4.4:1 of the SWDM. Temporary pipe systems can also be used to convey · · stormwater across the site. This will be required during · the construction of both off-site and on .. slte improvements as weH as building construction. · i4. The applicant shall apply straw mulch to exposed or disturbed areas every day that clearing, grading and /or· construction activity occurs on the site. · .. .· · · . . · . . . . .. ,_: 5.. "The project contractor shall perform daily review and ·maintenance of all erosion arid sedimentation control .. measures at the site d!Jring the construction of both off-site. and on-site improvements as well as buDding · ·· construction. · · ./ 6. Weekly reports.on the status and condition of the erosion control plan with any recommendations of change or , revision to maintenance schedules or installation shall be submitted by the project engineer or record to the public works inspector for the preliminary short plat construction.· , Certification of the installation, maintenance· and proper removal of the erosion control facilities shall be required prior to recording of the short plat. . · -· · J . 7. The applicant shall follow the recommendations of the geotechnical engineers, Nelson-Couvrette & Associates, Inc, in their report, dated March 13, 2000, during project design and construction. · J 8. Houses on the new parcels within this plat shall have approved sprinkler systems installed. - J 9. . The applicant shall pay the applicable Transportation Mitigation Fee at the rate of $75.00 per each new average . weekday trip attributable to the project, estimated to be 9.55 average weekday trips per new residence._ The Transportation Mitigation Fee is due prior to the recording of the plat. · · · · 10. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $488.00 per each new single famlly \.-residential lot created by the proposed plat. The fee is due prior to the recording of the plat. · . . ,j 11 .. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of $530.76 per each· new single family residentiallot. The fee·is due prior to the recording of the plat. _ . . .. . . . mltmeasures APPLICATION NO{S): APPLICANT: · PROJECT NAME: CITY OF RENTON DETERMINATION OF NONaSiGNIFICANCE {l\fffln GA TED} · ADVISORY INIOTES LUA-00-047,PP,ECF Bella Homes RENTON PLACE DIVISION Ill PRELIMINARY PLAT ..... .-· . . -. . DESCRIPTION OF PROPOSAL: The applicant has proposed subdivision of a 1.49 acre property by means of the Preliminary Plat process into 12 lots suitable for single-family residential development. The property is located in the Residential 8 Zone, which allows single-family residential development at densities up to eight dwelling units per net acre. A modification from City of Renton Street Standards has been requested. . Environmental review and a public hearing before the Hearing Examiner will be required. · LOCATION OF PROPOSAL: Between Lind Avenue NW and Maple Avenue NW at NW 3n:1 Street Advisory Notes to Applicant: The following notes are supplemental Information provided In conjunction with · the . environmental determination. Because these notes are provided as information only,· they are not subject to the appeal process for environmental determinations.' · ·' .· '. ·. · · · . ··· · · · · · · · · · · · ·_ _ Plan Review -Sanitary Sewer · · /1 _:; n;~~: 1~1~~ ~~~u~;. ~}~~~it~ry-s~w~r fuai~ fu .th~ v~~~~ st~~et -~~ 'it1e s~uttt ~ide · ~f the p1at: -The~~ are· a1so < existing sewer mains north of the site in Maple Avenue NVV and In ail easement north of the site. ,•:,·· .:,•.:,.''. - · ~'::f~i·.:; ;-..·.:-;;.T~:·,:::,:;;..;-,;;.{ ·:~ • .::,.·.::·.,~ 1-~";..:: • .:.:_-:-;_•c • ....;:_:.·:.:~_:.., • .-•.~:.'...: • :--· . .--:--~;..:.:::.-., •• .? :::.-.·:.:.·.-::-•• "':'.1:~ J 2. Sewer _main extensions will be require~ to serve the n_ew paa:cels, whi~ can. aH be se~ed by gravity; No main . , 'extensmns between the new parcels will be allowed due to difficulty with access for maintenance purposes . . ?~-;:~·· ·.::;.··_;::;/--:,· .:· :.:.-·: ·{:_-..~ ::,.,_.,,;::;;·.;,~·:·.:..,:.. ·~:·.:~.L~.1-:-.::; -~.;·1.::: :..\~-.-_ · ·' ::... j 3. Separate side sewers will be required for each parcel {no dual sewers), with the exception of Lots 3 and 4, which can be served by a dual side sewer in an easement to Maple Avenue NW ... · · ·: ·: · · ·. · ·· .·_·,. · ··. ' ·· '. .. J . 4 ... Side sewer lines _must have a 2 percent slope. , ··, · -t 5. All utility plans must comply with the City of Renton Drafting Standards. . . -.. ·..• . . f 6. · Show finished.floor elevations ·on the. sewer construct.ion plan sheet. . . . . . . . . : . . I 7. Ttie yertical pr~file of the sewer main will be required.· .; 8. · Any riew sewer mains are to be separated from water lines by a mirihnum of 10 feet There is a· 7.5 foot · minimum separation from other utilities.· · · · · / 9. Sewer Development Charges of $585.00 per single family lot will be required for this plal This ·tee must be ' paid prior to issuance of the construction permit for the preliminary plat -. • _ Plan Re~iew ~ Water 1 1. There is an existing dead ends· water main in Maple Avenue NW, which is fed by a single 6D water main: - There is also an existing 3• water line In Lind Avenue NW. Renton Place Div. Ill Preliminary Plat LUA-90-047,PP,ECF . Advisory Notes .(continued) Page 2 of 4 · J 2. Water main extensions will be required for this plat proposal. One alternative is to replace the 6" main in Maple Avenue NW with an 8" water main from the north end of the site to NW 4th Street and extend the existing 8" water main to the southerly end of the plat. A second alternative is to install a new 8" main in the easement along the south side of the plat from the main in Lind Avenue NW to Maple Avenue NW, and extend this main north to the existing 5• main in Maple Avenue NW. This second alternative would require a pressure reducing station between the two pressure zones. . · The proposed plat is located between the 300 foot and the 495 foot water pressure zones. ) 4. There is an existing 60' .. utility easement recorded in the vacated portion of NW 3rd Street. No structures are. allowed within this easement. J 5. The water main into the plat must be large enough to accommodate the required fire flow-assigned by the Fire Prevention office. · · . . · _/6. Fire hydrants will be required to current City standards within 300 feet of all proposed building sites for the new parcels. · · J 7. There is an existing Latecomers' Agreement filed on the water main in Maple Avenue NW. Latecomers' fees will be required prior to Issuance of the· construction permit for the plat. · 8. Water System Development charges of $850.00 per new single family lot will be required for this plat. This fee must be paid prior to Issuance of the construction permit for the preliminary plat. - -;. : · Plan Review .,.. Stonnwater Drainage · • -1. A conceptual drainage plan and drainage report have been submitted with the preliminary· pl~t application for · ,E<~ · ... ~..this project. The conceptu~I drainage plan is to ·include. detention for .the fully built out short plat,, including·. ,: \!) future houses, driveways,-and roadway improvements.-,The runoff from the new houses must be tightlined into -the storm drainage system constructed for the preliminary plat. _ . · · · . . _ .. · · •. ·•. . . . . · ·· ··i.},-'~<·:':·':,::~: .·,>'i-,\~-~: .. ~·:·.r~;:i-:rt:i~~:_\~~~:-jj;-_o--{;:\.-~--~:.(.:·~-" .... ,. -: ,·-,·-.: . ;·=.--·.·: · :,··, · .·::·:.'":::· .. _~;_:-:~·:"::::,_; 2. Surface Water System Development charges of $385 per new single family lot will be required for this plat. This fee must be paid prior to issuance of the construction pennit for the preliminary plat. . ,.-t ~:.·· .· .· ·::... '.~ ~_,.. : :·,j ... ,)~.:.~~.·<: ... ~};; . .".;Jr.~ . , ... :·. :,. ; .. :' .··· ;, .. ~. ·. ~:;.<?:·.,·· .. Plan ReYiew -Transportation and Street Improvements ._.-,. 1. ·A11 electricai and communica'ii"on facilities to be undergrouricted. :. construction oi these irancttise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the plat. 2. Lind Avenue NW will need to be a minimum·of 20 feet in pav~ width for a minimum of 500 fe~t north and south of the project site. This may require widening Jn limited portions of this roadway. Maple Avenue NW will need to a minimum of 20 feet in paved width for minimum of 500 feet north of the project site. · ·3. Lind Avenue NW and Maple Avenue NW adjacent to the plat must be developed to city standards, including new pavement, curbs, gutters, sidewalks and street lighting. The pavement width for Lind Avenue NW adjacent to the site must be a minimum of 28 feet. The pavement width for Maple .Avenue NW can .be reduced (see separate modification approval) to 20 feet in width. This work must be · completed prior to recording the plat. · ' . 4. The pavement width shall be a minimum of 20 feet 1n width along Maple Avenue NW adjacent to the plat, and widened beyond the 20 feet in width to the extent possible within the existing right-of-way without altering the · existing driveways on the east side of the street. · 5. Maple Avenue NW adjacent to the plat will be sign~ for "no parking• along both sides of the street. 6. Driveway aprons with space for two vehicles in front of the garages will be provided for each parcel along . Maple Avenue NW. · advisorynotes \ j Renton Place Div. Ill Preliminary Plat LUA-00-047,PP,ECF . Advisory Notes (continued) Page 3 of 4 7. Street lighting is required to meet City standards. Minimum lighting level is 6:1 uniformity ratio and 0.2 foot candle level. The street lighting conduit to be.located under the sidewalk. 8. Payment of a Transportation Mitigation fee of $75 per new average weekday trip,. estimated at 9.55 new trips per single family lot ($716.25 per lot), will be required prior to recording of the plat. It has been estimated that this plat would result In between 105 and 115 additional.average (weekday) trips, depending on whether there will be 11 or 12 lots. The Transportation Mitigation Fee would be between $7,878.75 and $8,595. . Plan Review -General 1. Aii° required utility, drainage: arid street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. 2. The construction permit application(s) must include an itemized cost estimate for these Improvements. 3. The fee for review and inspection of these improvements is 5 percent of the first $100,000 of the estimated construction costs; 4 percent of anything over $100,000, but less than $200,000, and 3 percent of anything over $200,000. Half of this fee must be paid upon application for construction permits (preliminary plat improvements), and the remainder when the construction permit is issued. There may be additional fees for w~ter service related expenses. · Parks Depa.11rnent Review 1. Payment of a Parks Mitigation fee of $530. 76 for ·each new single family lot will be required prior to recording of the plat. · : Fire Prevention Department Review 1. A fire hydrant with 1000 GPM fire flow is required within 300. feet of all new single family. structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM' and requires two hydrants within 300 feet of the structure. · . . 2. A Fire Mitig~tion fee of $488 is required for all new single family lots. Payment is required prior to recording of the plat. · . Property Services Departrne_nt .Review 1. Comments will be provided to the applicant under separate cover . . Development Services Department Review 1. The site is designated Residential Single Family in the Comprehensive Plan. 2. The property is zoned Residential 8 (R-8). 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre {du/a) minimum and 8.0 du/a maximum. The project, as proposed, exceeds the maximum density by .05 du/a. 4. The eroject must be reduced in size by one {1) lot from twelve (12) to eleven (11) single family lots to meet density requirements of the R-8 Zone. . 5. Minimum lot size in the R-8 Zone is 4500 sf, with minimum width of 50 for interior lots and 60 for comer lots. Th~ minimum . permitted lot depth is 65 feet. Lot dimensions must be shown on the final site plan demonstrating that all lots meet these minimums. · 6. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. advisorynotes Renton Place Div. Ill Preliminary Plat LUA-00-047,PP,ECF . Advisory Notes (continued) Page 4 of 4 7. Required setbacks in the R-8 Zone are 20 feet for front yards facing Maple Avenue NW and Lind Avenue NW · (streets existing prior to September 1, 1995); 20 foot rear yard setbacks; 5 foot side yard setbacks for interior lots and 15 feet sideyard setbacks for comer lots. All setbacks are minimums. Setback dimensions should be shown on the preliminary plat drawings, but setback lines must be removed prior to recording the final plat. 8. The maximum building coverage in the R-8 Zone Is 35 percent for lots over 5,000 sf or 50 percent for lots 5,000 sf or~ess. · · · . 9. · Driveways sloped more than 15 percent require approval from the Board of Adjustment. . 1 o. Retaining wans in excess of four C4> feet tequire engineered drawings anc1 a separate building permit. · 11. Performance Standards for Land Development Permits (RMC 4-4-130K), including aProtection Measures During Construction" (RMC 4-4-130K7) relating to trees, shall be followed by the applicant. The applicant shall adhere to the definition of "tree" a found in RMC 4-11-200, adrip line" as found in RMC 4-11-040, and the measurement of trees as found in RMC 4-11-030. -.-,:· advlsorynotes .·:=}.. ' .· .-~. ,· ·:-> . • .. · .·.• " . ~,; ·· .. ~) APPLICATION NO(S): APPLICANT: PROJECT NAME: • crrv OF REINITOINI DETERMINAT~ON Of INION..SllG~\rn!flCANCE {MllT~GA'fE!Dl) LUA-00-047,PP,ECF Bella Homes RENTON PLACE DIVISION Ill PRELIMINARY PLAT DESCRIPTION OF PROPOSAL: .· The applicant has proposed subdivision of a 1.49 acre property by means of the Preliminary Plat process into 12 lots suitable for single-family residential development The property is located in· the Residential 8 Zone, which allows single-family residential development at densities up to eightdwelling units per net acre. A modification from City of Renton· Street Standards. has been requested. · Environmental review an~ a public hearing before the Hearing Examiner will be required. LOCATION OF PROPOSAL: LEAD AGENCY: Between Lind Avenue NW and Maple Avenue NW at NW 3rd Street City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 4321C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section · 4-6-6 Renton Municipal Code. These conditions are ·necessary to mitigate environmental impacts identified during the environmental review process. · ·· · · · · · Appeals of .the environmental determination must be filed In writing on· or before 5:00 PM October. 9. 2000. ·.\ppeals must be filed in wri_ting together with the required $75.00 application fee with: Hearing Examiner, City of Renton, ·.·· · 05~ S6uth Grady war;: Re·nt_?n, WA ;98055'. · ~peals .~o. the Examiner ar:e governed, by. City of. ~enton l'J!uni~lpal Code Section +.S-11 B •. ·Additional information regarding the appeal process may be obtained .. from the Renton. City ·clerk's Offi~iJ~~~}j~~-:6~1-~~~::\' .. :'\;Gi·,;;._, . :·). ~,,:\: ,:i',;.: : . :Cc:'a::',' .. _:' ,'.,:,/;::,/:\,,/,,,· :··,;,_;·,:~c:~,~::\{:,~f,~'. .. PUBLIC~TION !DATE: .. DATE OF DECISION: -··;---··--·::-·.-.... ·-:· .. _ , .. · SIGNATURES: ercsignature · September 2.~•, 2~00 , September 19, 2000 DATE '. 1 2 3 4 5 6 7 8 BEFORE THE CITY OF RENTON HEARING EXAMINER . Irv Berteig, Hearing Examiner Pro Tern RE: Mitigated Determination of ~-Significance [MONS] Appeal. ) Case No. LUA-00-132,AAD ) 9 10 Barbara Shinpoch, Appellant vs. City of Renton, Respondent mJ;: _Renton ~3:-ace Division. III Prel.i.mi.na.ry Pl.at Bella Homes, Applicant ) ) ) ' ) ) ) ) . 11 . BACKGROUND · FINDINGS, CONCLUSXONS Mm JDECXSION 12 On or about March 2, 2000, the Applicant began submitting an 13 application for a 12-lot subdivision.of a·l.49-acre parcel, "Renton 14 .Place Division III" Preliminary_Plat. The application was deemed 15 complete on June 26, 2000. During the initial public hearing process, 16 it was determined that the Applicant did not follow proscribed 17 procedures for public notification of ·the proposed project. The ·· 18 project process was reinitiated, whereupon an appeal was filed to the 19 Mitigated Determination of Non-Significance [MDNS]. 20 Subsequent to the_ filing of the SEPA appeal, the Renton Hearing 21 Examiner recused himself, and this Examiner was appointed to serve pro 22 tern. Accordingly, the first two hearings before the City's Examiner 23 are not available to this Examiner, and all parties were advised ··to - 24 repeat their testimony. 25 PROCEDURAL INFORMATION . .. 26 Site Visit: December 14, 2000 27 Open Record Appeal. Bearing:December 19, 2000 26 Post Bearing Site Visit: December 19, 2900 29 The hearing was opened ~t 9:00 a.m. in the Council Chambers on the 30 seventh floor of City Hall, at 1055 s. Grady Way in Renton. 31 The Examiner circulated copies of a draft lis~ of documents from 32 the department file that appeared relevant, and advised that the 33 parties are responsible to identify any·other documents for possible 34 admittance. The Examiner then explained the hearing procedures: Shinpoch SEPA Appeal LUA-00-132,MD. Page 1 "Renton Place, Div. Ill" Andlngs. Conclusions · and Decision 1 2 3 -4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ,; 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 .This will be a joint public hearing to consider both the SEPA appeal and the. preliminary plat; however, the two issues will be separated sequentially as fol.1,ows: 1,; The open record appeai hearing would be conducted first, starting with the Appellant followed by the City as Respondent .. At its conclusion, the. hearing portion would be closed but the record held open through the open record hearing on the preliminary plat to allow consideration of plat information that may be relevant to the SEPA--appeal. 2. The open record hearing on the preliminary plat would be conducted next, beginning with the Staff, followed by the Applicant, and then open to public testimony. Testimony and documents accepted during the SEPA appeal may be relevant to the preliminary plat. Upon closure of the public hearings,. the record on th~ - preliminary plat would be held open until a decision is reached on the SEPA. Appeal. A verbatim recording of the total public hearing was made. The City maintains · the tape. _ For the City: Russ Wilson, City Attorney For the App1icant Justin Osemene, Attorney Participants·· at· the -SEPA Appea1: Barbara Shinpoch, Appellant Elizabeth Higgins, Senior Planner, ·city Participants at the Prel.iminacy P1at Bearing': Elizabeth Higgins, City Senior Planner_ Arneta Henninger, City Development Services Ken -Williams, Group Four, Inc .. Project -Planner .. Lance Gyotoku, PE, Group Four, Inc., Project Engineer· Dan Roupe, Group Four, Inc., Land Surveyor Thomas Little, Neighbor. The public hearing-was closed at 12:15 p.m. with the record held open until a decision is reached on the SEPAAppeal {about 14 days). Shinpoch SEPAAppeol LUA-00-132.AAD Page2 "Renton Place. Div. Ill" Findings. Conclusfons and Oedsfon · \ 1 E:XBJCJSI~S : 2 Appeal of SEPA MONS: 3 4 5 EXK!BIT Appeal . ·-· ' .1 DESCRIPTION Appeal Letter by Barbara Shinpoch 6 .. , Examiner · Selected Documents· from the File: 7 8 9 10 11 12 13 14 15. 16 .17 ··jis - ITEl!tl I HE 1 HE 2 HE 3 HE 4 HE··s HE 6 HE 7 HE 8 HE 9 HE 10 HE 11 HE 12 HE 13 HE 14 HE 15 HE 16 HE 17 HE 18 HE 19 DESCRIPTION Packet of Review Memo Resoonses GrOUPFour, Level 1 Analvsis, G4, Ltr by Lance Gyotoku, PE, re: Modification of· development requirements -road improvements & biofiltration < G4, Pro;ect Narrative G4, Construction Hitiqation Plan Environmental Checklist /s/ Ken Williams, G4 G4, Ltr by Ken Williams supplemental submittals on slooe Renton ~Density Worksheet for Development in R-8 Zonen Memo from Neil Watts re: Preliminarv Plat Review Memo from Jim Grav, Ass' t Fire Marshal .. Parks: Environmental & Development Appl Review Sheet· Comment Ltr by Barbara Shinooch Proiect Data Excerot and Tooo Mao Annotated bv? Comment Ltr by Thomas & Laura Little Staff Report to the Environmental Review Committee Determination of Non-Significance (Mitigated) - sioned cover ... MDNS -Mitiqation Measures MONS -Advisory Notes Nelson-Couvrette & Asssoc -Geo technical Engineering Evaluation for G4· DATE, as received. 12/6/2000 by Citv Clerk DATE. - 11/19/2000 4/12/2000 2/23/2000 rcvd 4/12/00 3/2/2000 3/6-/2000 3/2/2000 6/14/2000 7/11/2000 7/11/2000 6/29/2000 7/10/2000 7/5/2000 No date 7/6/2000 9/19/2000 9/19/2000 -same date- -same date- 3/13/2000 rcvd 4/12/00 19 20 21 22 23 24 25 26. 27 "Pre1i.mi.nazy Report to the Bearing Exami.ner1111 with 12 Exhibits: 28 29 30 31 .. 32 33 .34 EXHIBIT· DESCRIPTION 1 Proiect :2 Sheet 1. 3 Sheet 2 4 Sheet 3 5 Sheet 4 6 Sheet 5 Shinpoch SEPA Appeal LUA--00-132.AAD File of B; of 8; of 8; of 8; of B; Preliminarv Plat Topographical Map Preliminarv Utilities Plan· Preliminarv Drainaoe Plan Preliminarv Gradino Plan Page3 "Renton Place, Div. IU-. DATE No Date. 10/15/99 Revised and Rcvd 6/14/00 Findings. Condusions . . and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~ ,. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 EXHIBIT 7 8 9 10 11 12 ) DESCRIPTION Sheet 6 of 8; Existing tree inventory, labeled ~Preliminar Tree Cuttin 6 Land Clearin Plan" Sheet 8 of 8; Preliminary Tree Cutting and Land Clearin Plan Exhibits Submitted at the Pub1i.c Hearing:. DESCRIPTION 13 14 15 16 FINDINGS OF FACT DATE Revised and Rcvd 6/14/00 Rcvd 6/14/00 Rcvd 6/14/00 Rcvd 6/14/00 Rcvd 4/12/00 12/99 DATE current 1. The Applicant proposes a subdivision of an approximately 64,972 square foot (L49 acre) site into lots ·suitable for detached, single- family houses. Lots would range in size from 4,997-sf to 5,499-sf. 2. The subject property is legally described as Tract 45 of N.H. La.timer's Lake.Washington Plat together with .the south half portion of vacated NW 3ro Place and the north half portion of vacat~d NW 3ro St. The property is located between Lind Avenue NW on the west and Maple Avenue NW on the east. 3. The Applicant provided a land survey'of the property, including topography at 2'-foot contours. The site·slopes downward from west to east. The City does not contest the land~~urvey and topography; . . however, the Applicant contests the City's method of measurement of the area of Protected Steep Slopes. 4. A SEPA Determination of .. Non-Significance (Mitigated} was issued. September 19, 2000 and published September 25, 2000. The MDNS contained 11 mitigation measures .. The Appellant filed a timely appeal on October .6, 2000. 5. Prior to hearing testimony by the Appellant, the City Attorney argued that the Appellant did not have standing to pursue the appeal •. The Examiner observed that the pre-hearing record did not indicate the Shlnpoch SEPA Appeal LUA-00-132.AAD . Page4 "REmton Place, Div. Ill" Find'ings, CondusionS and Decision .( .\ ' .. ·J ~.~ 1 City's concern. The Examiner ruled that testimony would be accepted; 2 however, ·the City's arguments.would.be considered prior to making a 3 decision on the SEPA appeal. 4 6. The Appellant made a number of arguments, contained in her appeal 5 letter received October 6, 2000 and in her oral arguments, which .6 paralleled her written arguments. Those arguments addressed the 7 following subjects: 8 9 10 11 a. b. d. Streets misrepresented in notices; Character and number of neighbors incorrect; On-street parking by existing residents understated; SEPA condition.for widening of Maple Avenue NW is 12 ambiguous/inprecise and specious; 13 14 15 16 e. f. g. h. Grade of NW 2nd Street not properly considered; Emergency vehicle access·problematic; Applicant's attorney called her to "make a deal"; and The Appellant concluded: The City's Detennination of Non- ... :17 Significance is not supported by the fi!icts presented nor acceptable 18 given the failure.to address the existing neighborhood and/or street 19 condition. 20 7. The Appellant lives at 361 Maple Avenue NW, north of and on.the 21 same side of Maple as the proposed plat and.within the.same block •. 22 8. Maple Avenue NW intersects with NW 2nc1 Place at a steep grade 23 without a standard landing and with limited sight distance in both 24 direcC:ions.· The grade conditions are sufficiently severe to assume 25 all traffic will be impacted during snow a~d ice conditions, and that 26 large:vehicles may not be able to traverse the intersection. Under 27 such inclement conditions, all traffic logically. will use NW 4th St. 28 29 30 31 32 33 · 3·4 Shinpoch SEPA Appeal LUA--00-132.AAD .. Page5 . "Renton Place, Div. ID" findings. ConclusioOS · and Oedsion 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 ;,.-; .. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 REVIEW·CRITERIA Appeals of SEPA Determinations are reviewed de novo, and are evaluated.under the error of law standard with weight given to the Department. Issues of fact are reviewed for substantial evidence. The burden of proof rests with the Appellant.ll Regarding standing,.the courts. nave applied a tw<;>-parttest:a (1) Whether the party is within the zone of interests protected orregulated by SEPA, and (2) Whether the party alleges an injury in fact. To show an injury in fact, the party must allege specific and perceptible harm. If the party alleges a threatened rather than an existing injury, the showing must be specifiC---.:a conjectural or hypothetical injury will not confer standing. CONCLUSIONS OF LAW ·· T~e following Conclusions apply .only to the SEPA appeal and may contain·additional Findings of.Fact: Regarding the Appel.I.ant's standing to appeal. .a SEPA Determjnation: 1. The Appellant is within the 'zone of interest' and has alleged resulting harm with sufficient specificity. The Appellant's residence is adjaceni3 to the.north boundary of the proposed development, and on the same._ side of Maple Avenue NW. Findings· 7 · and .8 . describe · the settin~ and_substantiate the Appellant's contention that traffic on Maple will be oriented to the north rather than use NW 211c1 Place/ In · general, parties owning property adjacent· to a proposed project and who alleg~' that the project w~ll injure their property have standing.4 2. The Appellant has·~ standing to appeal the SEPA MDNS, which means that her arguments· on the appeal will be considered. l Anderson v. Pierce County, 86 Wn. App. 290, 302, 936 P.2d 432 (1997}~ 8 Anderson, 86 Wn. App. at 299. See also Wenatchee Sportsmen Association v. Chelan County, 141 Wn.2d 169, 175-176, -P.2d -(2000). 8 The term adjacent is defined in Black's Law Dictionary as "Lying near or. close to;" while adjoining is "Touching or contiguous ••• " 4 Suquamish Tribe v. Kitsap County, 92 Wn. App. 816, 829-830, 965 P.2d 636 (1998) .• ShJnpoch SEPA Appeal LUA-00-132,AAO Page6 "Renton Place. Div. Ill" fincfmgs, Condusfons and Oecfsfon : ) ·J · 1 Regarding 1\ppe11ant' s Appea1 .Arguments: 2 3. Notice. The Appellant argued that the graphic portrayal in the 3 notice of the vacated NW 3C'd Place and NW, 3rd Street rights-of-way was 4 misleading. The street labeling on the graphic indicated Lind, Maple, 5 NW 2nd Place and .NW· 4th Street; and did not label either NW 3rc1 Place or 6 NW 3rd Street. Also,· adjoining property owners s.hared in the vacations 7 of NW 3rd Place and.NW 3rd Street by obtaining their halves of the· 8 rights-of-way and should not have been mislead. ·Moreover, testimony 9 during the preliminary plat hearing by another neighbor (Thomas 10 Little) indicates knowledge of the street vacation. The purpose of a 11 vicinity map in a notice is to assist in the general location of the 12 property, while the body of the notice describes where specitic 13 information can be obtained. 14 4. Neighbors. The Department did consider the single-family nature 15 of the neighborhood,. although a detailed count of cars per household 16 was not included in the Staff Report to the Environmental Review 17 Conmi ttee. a on~street Parking. There were no vehicles parked on Maple 19 between NW 2nd Place and NW 4th Street when the Examiner visited the 20 site after.the public hearing on December 19, 2000.-Nor did it appear 21 that vehicles had been parking off the pavement on Maple in front of 22· the subject property or further south. The Appellant is correct that 23 on-street parking on ·Maple in. front of the subject property and . 24 further south to-NW ·2nd Place would block traffic~ however, hei:: ' . 25 argument does not explain the effect ofwi~ening Maple. Since each of ·--26 the six lots will have space for four vehicles {in tandem), the ERC 27 did not err in concluding that impacts would not be significant. 28 6. SEPA Condition on Widening. Widening of the pavement to a 29 minimum of 20-feet meets Uniform Fire Code standards. With regard to 30 the appeal, no mitigations address widening.-The Appellant's 31 reference i_s to the Advisory Notes, which are reflections of ordinance 32 requirements and not subject to SEPA appeal • . 33 34 s See HE 15, Staff Report to the Environmental Review Committee, 9/19/2000. Shinpoch SEPA Appeal LUA--00-132.AAD Page7 -"Renton Place, Piv. IU" Findings. Conclusions and Decision 1 7. Grade of NW 2nc1 Street. The Staff Report to the Environmental 2. Review Committee did recognize that· the NW 2nd Place/Maple Avenue NW 3 intersection exceeds the maximum street standard of 15% grade.6 4 8. · · Emergency vehicle access~ As noted in Conclusion 7 above, the 5 problems of grade were-citf:!d and mitigations proposed.7 6 9. Applicant/Appellant Contacts .. Applicants are encouraged to 7 conununicate with neighbors to seek common solutions to problems. The 8 act of an applicant contacting an appellant is not disallowed. 9 . 10 10. An obvious purpose of the SEPA review is to make a ~threshold" 11 detennination. If the potential impacts would be so severe that the 12 threshold would be.crossed, then an environmental impact statement 13 must be prepared. Often less understood is that the mitigations must 14 address potential impacts that would otherwise.cross that "severe 15 impact" threshold. Another less understood SEPA rule is that adopted 16 regulations and standards are assumed to be. applied by the City; and 17 18 19 therefore, are not necessary to add as mitigations. In this case, . . application of minimum street standards is assumed to create ·a setting wherein certain traffi~ volumes can be safely accommodated. Single- 20 family residences are f(?und to generate approximately 10 to 12 trips 21 per day. Residents are expected to have a wide range in number of 22 cars. . While the Staff · Report to the Envi.rorunental Review Committee 23 could have been more ·specific, critical errors are not evident. 24 11. The Appe11·ant has not met her burden of proof. 25 26 27 28 29 30 31 32 . 33 34 1& Id. at page 9 7 See in particular Mitigations 8, 9 and 10. · Shlnpoch SEPA Appeal LUA-00-132.AAD Pagea. ·. "Renton Place. Div. Ill" Findings. Concluslons and Decisioi'.l . ...,,,. ) ..,: •. -· --r--~ •• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 c,17 ··._:. 18 19 20 21 22 . 23 24 25 26 27 28 29 30 31 32 33 34 DECISION Based upon the testimony presented at the open record appeal hearing, the documents and exhibits admitted into the record, visits to the site and surroundings, and the above Findings of Fact and Conclusions of Law,it is hereby the decision of the Hearing Examiner Pro Tem that the SEPA Appeal by Barbara.Shinpoch.be DENIED and the MDNS by the Renton Environmental Review Committee~, and the record is now closed for the Renton Place Division TII Preliminary Plat. consideration. Dated.this 3rc1 day of January 20Q1. ~·"""~ Irv Berteig Renton Bearing Examiner lPro Ten ib Shinpoch SEPA Appeal LUA~132.AAD Page9 "Renton Place, Div. Ill" Findings." Conclusions · and Decision ·, e llaurncdAm<err ica iransnartion Charles Jackson @ Jack Mccann Co 1900 S Puget Dr #200 ReD"Dton, WA 98055 Attn: Charles JJackson Re: -Your No.: Borrower( s ): !Property Address: JJack Mc«:anll"il Company, Inc. , Renton,VVA 98059 14450 N.E. 29th Pl., #200 · Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 WA. fORM -GII.BAMNITIEIE DA.TIE DOWN IENl!D>ORSIEMIIENT Nie. 2 A.ttache<dl to Guarrantee INlo •. <<Escrow No.>> ISSII.IIIEII> IBV Trrafl'llsDila1toon Ti1!:De Xnsll.Drance Compall'lly The Company hereby assures the Assured that subsequent to the date of the Guarantee issued under the above number, no matters are shown by the public records which would affect the assurances in said guarantee other than the following: NONE This Endorsement is made a part of the Guarantee and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Guarantee and any prior endorsements, nor does it extend the effective date of the Guarantee and any prior endorsements, nor c:loes it increase the face amount thereof. · Dated: February 20th, 2004 CITY OF RENTON !RECEIVED . MAR 1 2 ?00'+ BUILDING DIVISION Transnation Title Insurance Company RLR WA Form -Guarantee Date Down Page 1 of 1 lairnd!America iransnarttoon November 20, 2003 Charles Jackson @ .llack Mccann Co · ll.900 S IP'LDget Dr #200 Renton, WA 98055 Attn.: Chaurles Jackson @ lack McCann Co Refe1rence No.(s): Order No.: RR• 20015508-T:23 Property Address: , Renton, Washington Buyer/Borrowers: Jack McCann Company, linc. 14450 N.E. 29th Pl., #200 · Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 ·. Fax: 425-558-3563 · In connection with the above referenced Order, we are enclosing documentation as requested. If we may be of further assistance,, please feel free to contact any member of the team listed below "ll'itle Team Randy L. Rieman ( 425) 646-8580 rriemam@lancllam.com Robert L. Iverson (425) 646-8581 biverson@lancllam.com Shelley Fooks ( 425) 646-0540 sVooks@landam.com Katie C. Locke (425) 646-8582 klocke@landam.com 1-800-441-7701 fax: { 425) 646-0545 We thank you for this opportunity to serve you. Randy L. Rieman Title Officer Enclosure( s) Cc: Charles Jackson @ Jack McCann Co Attn: Charles Jackson @ Jack McCann Co r -.~ ILalI1ldAmerica lf ransnarfcmon Charles Jackson @ Jack McCan.n Co 1900 S Puget Dr #200 Renton, WA 98055 RIEFIERENCE NO: I Oridlerr l\llo.: 20015508 Liability: Clhlarge: Tax: irotain: 14450 N.E. 29th Pl., #200 Bellevue, WA· 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-558-3563 $10,000.00 $ 200.00 $ 17.60 $ 217.60 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 'Tr.nnsnt!ltion l"itUe Xnsur.nnce Compt!!ny a corporation herein called the Company, . GUARANTEES tM Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A . . Dt!!ted: November 13, 2003 Transnation Title Insurance Compillnv ~~~ Authorized Signature · Subdivision Guarantee GNT004 ..... ---. Order No.: 20015508 SCIHIIEDIUllE IA :l!.. Name of Assured: . Charles Jackson @ Jack Mccann Co 2. Daill:e of Gua11ran1t,ee: November 13, 2003 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Jlack McCann Company, linc., a Washington corporation c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTI!ONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATIERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBUC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, , PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: -YEAR 2003 420440200 BILLED PAID $2,271.79 $2,271.79 . TOTAL AMOUNT DUE, NOT INCLUDING INTERESTAND PENALTY: $0.00. LEVY CODE: 2100 ASSESSED VALUE LAND: $204,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 BALANCE $0.00 3. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON_FUTURE ROLLS. Subdiv.ision Guarantee GNT004 Page 2 of 4 Order No20015508 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: ORDINANCE NUMBER 4259 IN FAVOR OF: CITY OF RENTON PURPOSE: UTILITY AREA AFFECTED: PORTION OF VACATED NORTHWEST 3Ro STREET RECORDED: 28TH DAY OF FEBRUARY, 1990 RECORDING NO.: 9002282040 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: 6TH DAY OF AUGUST, 1992 9208060612 NOTICE OF ADDITIONAL WATER AND WATER TAP OR CONNECTION CHARGES 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ROGER L. WINTER, INDIVIDUALLY TRUSTEE: LAWYERS TITLE INSURANCE CORPORATION BENEFICIARY: SHERRON ASSOCIATES, INC., A WASHINGTON CORPORATION ADDRESS: 12501· BEL-RED ROAD, SUITE 106, BELLEVUE, WA 98005 LOAN NO.: NOT DISCLOSED . ORIGINAL AMOUNT: $280,000.00 DATED: 10TH DAY OF SEPTEMBER, 2003 RECORDED: llTH DAY OF SEPTEMBER, 2003 RECORDING NO.: 20030911001761 NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. NOTE 2: sss Enclosures: ·· TRACT 45 N. H. LATIMER'S LAKE WASHINGTON PLAT; TGW VAC STS WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. · IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: · TRANSNATION TITLE INSURANCE COMPANY 1200 SIXTH AVENUE, SUITE 100 SEATILE, WA 98101 ATIN: RECORDING DEPT. Sketch·· Vesting Deed Paragraphs 4-6 Subdivision Guarantee GNT004 Page 3 of 4 Order No.: 20015508 IEXl}{JXSlIT "A"' TRACT 45, N.H. LATIMER'S LAKE WASHINGTON PLAT, AS PER PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 70, IN KING COUNTY, WASHINGTON; TOGETHER WITH THE SOUTH 1/2 OF THE PORTION OF VACATED SOUTH 129TH STREET ADJOINING; TOGETHER WITH PORTION Of VACATED NORTHWEST 3RD STREET ADJOINING AS VACATED By CITY OF RENTON ORDINANCE NO. 4259; SITUATE IN THE CITY Of REINITON, COUJJN11'V OIF KING, STATE OF WASHINGTON. THIS SKETCH IS PROVIDED. WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 18 TOWNSHIP: 23N RANGE: 05E W.W. st 30 30 I I I I a .. I I I I •• i"'~) .. ") .... ·11· RN LUA 99-020 LLA 1. 2. 1. 2. 3. 4. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except 10 lhcl -t lbllt opec:lfic OD8UnlllCeS an, provided In Schadule A af thin °""'8ntue. the COmpany 8'l8UIM8 no lldlclity for looo or dam,ge by nawon of the followlng: (a) Defec:ts, liens, encumbrances, -dailtl$ or Olher matter& against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any llllcing authority lhat levies taxes or assessments on 1981 p,aperty; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notlces of such pnx:eediugs, ~ or not the matters excluded under (1) or (2) are shown by the recordS of the taxing 8Ulharity at by the pub5c records. (c) (1) Unpatented mining claims; (2) reservations at exceptions in palenls or in Acls authorizing the issuance thereof; (3) water rights. claims or title to "'8ier, - ar no! Iha matters ex.dUded under (1 ~ (2) or (3) are shown by the public rec:ards. Notwilhsll:indlng any specific llllOUrences Which are provided in Schoclulo A af !Ills Guarcntaa, the Company SSOUIII09 no liability for loao or d.cmoge by reason at tho following: · · .· (a) Oefeds, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly desaibed In the desaiption set forth in Schedule (A), (C) or in Part 2 of this Guarantee, at title to streets, roads, avenues, lanes, ways ar watetways to which such land abuts, or Iha right to maintain lhamin vaufts, tunnels, ramps or any s1rudure at improvements, or any rights 01 easements thareil\ unless such pn:,perty, rights at easements are expressly and specifically set forth in said desaiplion. (bl Defects, liens, ena.nnbrance5, 8<herse daims or -matter&. whether or not shown by the public records; (1) which are aea!ed. suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which dci nat result in the invalidity or po!enlial invalidity of any Judidal or l'lOl>1UdidaJ prooeeding which is within the sa,pe and pu,pose of the assurances provided. C (c) The identity of any party shown or referred to in Schedule A. (d) The valiclity, legal eflad or priority of any maUer shown or retern,d to in this Guarantee. C GUARANTEE CONDmONS AND STIPULATIONS o.,,inllion of Tanns. The following larms when used in the Guaran-mean: (a) the "Assur~ the party or parties named as the Assured in this Guaranlae, er on a supplemental writing 8XBaJled by the Company. (b) iamr: the land dasa'ibed or referred to in Schedule (A), (C) er in Part 2. and imptovemants Elffixed thereto which by law constitute real property. The term "land" does not include any property beyond the ~nes of the area ctesaibed or referred to in Schldule (A), (C) or in Part 2. nor any right title, interest, estate or easement in abutting slJ1letS, roadS, avenues, alleys, lanes, ways or-...ways. (c) "martgage": mortgage, deed of trust, llUst deed. or other sewrity instrument. (d) "public records": records eS!ablished under state S!atutes at Date of Guarantee rot the purpose of imparting constiuc:live notice of mattera r-.ig to real ptOpefly to purchasers for value and withoul knowledge. (e) "dale": the effective dale. · Nollco of Claim to ba G;v.. by Aaswed ClaimML An Assured shall notify Iha Company promptly in writing in case knowledge shaU come to an Assured hereunder of any daim of Idle or inlerest which is adYeraa to the tdle to the estate or inlere$t, 8$ stated herein, and which might cause loss or damage for vmich the Company may be liable by virtue of this Guaranlee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guaranlae unless Iha Company shall be prejudiced by the failure and then only lo Iha extent of the pl9judice. No Duty to D<,feqd or Prooecute. The Company shall have no duty to defend or prosea,te any adicn at proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such adion or proceeding. Company's Oplion to Oal'end or Prosecute Actlono; Duty of Assured Cliilmant to Cooperate. Even though the Company has no duty to dafend or prosecute as sat fDrth in Paragraph 3above: (a) The Company shall have the right, 81 its sole option and cost. to institute and prosecute any action 01 proceeding, interpose a defense, as limited in (b), or to do any other ad which in its opinion may be nec:assa,y or desirable lo establish the tiUe lo the eslate or interest as Slalad herein, or lo establish the lien rights of the Assured, or to prevent 01 reduce loss or damage lo the Assured. The Company may take any appropriate action under the terms al this Guarantee, whether or no! it shall be liable hereunder, and shall not thereby concede liability er waive any prtJVision of this Guarantee. If the Company shall axerase its rights under this paragraph, it shall do so diligently, (b) II the Campany elects to al<ereise its options as stated in Paragraph 4{a) Iha Company shall have the right lo select counsel of ils choice (subject to the right of such Assumd to objec:I for reasonable cause) to represent the Assurad and shall not be liable for and wtll not pay the leas of any other counsel, nor will the Company pay any fees, costs or expenses inamed by an Assumd in the defense of thOse causes of action which allege matters not covered by this Guarantee. (c) Whene-the Company shall ha-.e brought an action or interposed a defense as pennitted by Iha provisions of this ~. the Company may pursue any Utigation to final delenninatlon by a court of competent jurisdiction and expressly rasarves the ri{lht; in its sole diSCl'ation, to appeal fram an _,,., judgment or order. . (d) in au cases llrhare this Guarantee permits the Company to prosecule or provide for the defense of any action or proceeding. an Assured shaR secure to the Company Iha right to so prosaa.,te or provide for the defense al any action or proceeding, and . au appeals therein, and pem,tt the Company to: use, at its option. the name al such Assured for this purpose. Whenever requested by the Company, en Assured, al the Company's expense, shaA give the Company all reasonable aid in any action or proceeding. seo.xing evidence,. obtaining wi!nesSes, prosBQJ!ing or defending the action er lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) s. ,. 8. of the Company may be necessary ix desnble to esleblish the title to the estate or intenlst as ~ herein, or to establish the lien rights of Iha Assured. II Iha Company is prejudicsd by the failtle of the Assured to furnish the requ:rsd ODOpSratiOn. the Company's obligations to the Aasuted und3r" the Guarantea shall terminate. Pn>of at LO<W or Dmnoge. ·· In addition to ·and after the notices raquin,d under Sadlon 2 al these Conditions and Stipulalians have been provided to the Company, a proof of loss or damage signed and """'" to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the fads giving rise to the loss or damage. lha proof of loss or damage shall describe the matters cavared by this Gusranlee which constitute the basis of loss or damage and shall stBte, to the Ellllent possible, the basis al calc:ulating the amoun1 of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof al loss or Q81118Q9, the Company's obligation to such assured under the Guarantee shall termi11ate. 1n addition. the Assured may raasonably be requimd to sutmit to examinaUon under oath by any authorized representative of th<> Company and shaU produce for examination. inspecliOn and copying, 81 sudl. reasonable times and places as may be designated by flTPf authorized repm581'1185va al the Company, aD records, books, ledgers. checks, anespondance ana memoranda, whether bearing a date -., or altar Date of Guarantee, which reasonably pertain to the la5s or damage. Further, if requested by any authorized mpresentati-.e of the Company, the Assured shall grant its penniSsion, in writing, for any authorized representative of the Company to examine, ~ and copy all records, books, ledgers, d'led<s, correspondence and memo, anda ., the custody er contral of a third party, which reasonably penain to the loss or damage. All infolmation designated as cxridantial by the AsSUred providad to the Company pursuant to this Section shall not be disdosed to others unless, in the raasonall!e judgment of the Company, tt is neaassa,y in the administration al Iha claim. Failure of the Assured to submit for examination under oath. produc:e olhar reasonably requested inlonnation or grant permission to S8Q.ll9 reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liabitity of the Company under this GuaantM to the Assured for that daim. Options to Pay or OthelWlse Sattia Cl.:!nm: Tenn!naUon of Uability. In case of a claim under this Guarantee, the Company shaft have the following additional options; (a) To Pay or Tender Payment of the Amount of Uabilily or to Pun:ha$a the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the AAwed any dalm which could result in loss to the Assured within the coverage of lhls Guarantsa, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a tader of a mortgage or a lienholder, the Company shall have the option to pu'c:hase Iha indebtedness secured by said mortgage or said lien for the amount owing thereon, logether llrilh any costs, reasonable attomsys' leas and expenses incurred by the Assul1ld claimant which were aulhoriZBd by the Company up to the ~me at purchase. SUch puR:hase, payment or -of payment of the Ml amount of the Guarantee shaV terminate all liability of the Company hsfeundar. In the event altar notice of claim has been given to the Company by Iha Assured the Company offers to purchase said indebtedness, the oo,ner of such ii ldab!adness shaD transfer and assign said indeblednass, IOQelhar with any collataral sea.irity, to the Company upon payment of the purchase price. Upon the exercise by Iha Company of the option . provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph, shall larminata, including any Obligalia'I to continue the defense or proseaJlion al any litigation for which the Company has exerased its options under Paragraph 4, and the Guarantee shall be surrandeted to Iha Company for cancellation ib) To Pay 01 Otherwise Settle With Parties Other Than the Assured or With Iha Assured Claimant · " To pay 01 othefWise settle with other parties tor or in the name al "!I Assured claimant any claim assured againsl under this Guarantee, together with any costs, attorneys' fees and expenses incun'ed by the AsSUl8d claimanl which ""'a authorized by the Company up to the time of payment and which the Campany is obligated to pay, Upon the exercise by the Company al the option provided for in Pmragraph (b) Iha Company's obligation to the Assured under lhis Guarantee for the claimed loss or damage. other than to make the paymer,1 required in that paragraph shall terminate, Including any obligation to continuo the defense or prosaamon of any litigation fOI which the Company has mam:isad its options under Paragraph 4. Oetemdnation aid Extant of Uabllity. This Guarantee is a contract of Indemnity against actual monlllary loss or damage suslained or ino.lrred by the Assured daimant who has suffered loss or damage by mason of reliance upon the assurances set forth in this Guarantee and only to the eJCtent herein described, and ~ to !he Exclusions From Coverage of This Gt,arantee. The liability of the Company under this Guarantee to the Assured shall not e,cceed the least of: (a) the amount al liability stated in Schedule A or in Part 2; (b). the amount al the unpaid principal indebtedness secured by the mortgage of an ASSUl9d mortgagee, as Hrnited or provided under Sedion 6 of these Conditions and Stipulations or as reduced under Sadion 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantaa GCa.llS, together with interest thereon; 0( (c) the difference be-. the value of the e-at Interest covered hereby as stated herein arid Iha value of the estate or interest subjec:I to any defac2. lien or enaJmbrance assured sgainst by this Guam-. Umitalion of Uability. (a) If the Company establishes the tiUe, or removes the alleged defect, lien or en=~. or ,;ures any other matter assured against by this Guarantee in a reasonably diligent mamer by any method, including litigation and the oomple!ion of any appeals thelelrom, it shall have fully performed its Obligations with respect to that matter and shall not beliable for any loss or d8m8ge caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company'.s consent, the Company shall haw> no liability for. loss or damage until there has been a Final dli>tannination by a a,urt of eornpatent jurisdictial, and dispositign of all appaats lherefrom, act.en;e lo the lille, as Slated herein. (c) The Company shaD not be liable fer loss or damage lo any Assured for liability voluntarily assumed by the Assured in settling any claim ar suit wilhout the prior written consent of lhe Company. 9. Reduction of Liability or Termination al Llabllity. All payments under 1hls Guarantee, excep1 payments made for costs. attorneys' fees and expenses pursuant lo Paragraph 4 shall reduce the mnount of fiabifdy pro lanl<J. 10. Paymant of Loss. (a) No payment shall be made without~ this Guarantee for endormmenl of the payment unless the Guatantee has been lost or destroyed, in whic:h cese proof of loss ar destruction shall be IUmishad lo the satisfaction gt 1he Company. (b) When liability and lhe exltlnf of loss or damage has been clefinitely fixed in aOCCfdanc:a with lhesa Conditions and Stipulations, the loss or damage shall be ~ within thirty (30) days thereafter. 11. Sub:rogallon Upon Paymant or SeltlemenL ~ !he Company shall have settled end paid a claim under this Guarantee, BIi right of 5Ubragation shall ¥9$1 in the Company unaffeded by any act of the Assured claimant. · The Company shall be submgaled to and be entitled to aD rights and remedies ""1id1 the Assured would have had agalnsl any person or property In respec:t to tile claim had this Guarantee not been issued. If requested by the Company, the Assured shaU transfer to the Canpany all rights and remedies against any person a pn,peny necessary in order lo perfect !his right of subrogation. The Assured shall pe,mit the Company to sue, compromise ar settle in the name of the Assured and lo use the name of the Assured in any transadion or litigation involving these rights ar remedies. If a payment on accounl of a claim does not fully cover the loss of the Assured the Company shall be submgatacl lo an rights and remedies of the Assured after lhe Assured shall ha-.e recovered its principal, Interest, and costs of eolledion. 12. Amlltallon. Unlass prohibited by applicabla law, either lhe Company or the Assured may demand arbitration pursuant lo the TIiie Insurance Arbitration Rules of the Ameriam Arbitration Association. ~ matters may include, but are not limited to. any c:ontroversy or c;laim between the Company and the Assured arising out of or relating to this Guarantee, any SMVi<:a of the Company in connectlon with Its issuance or the breach of a Guarantee provision or other obligation. All arbilrable matte,s when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbilreble matters. when the amount of liability Is in excess of $1,000.000 snail be art>ilraled only when agreed lo by bath the Company and the Assured. The Rules in effett at Data of Guarantee shall be binding upon Iha patties. The award may inciude attorneys' fees only if the laws of the sta1a in which Iha land is loealed pem,ils a COUit to award attorneys' fees to a prevailing party. Judgment upon the award renderad by the Art,itrator(s) may be entered in SIi'/ a,urt having jurisdiction thereof. The law of the situs of the land shall apply to an arlli1ralion under the Tille Insurance Arbilration Rules. A a,py of lhe Rules may be oblained lrom the Company upon n,quesl. 13. Uabillty Umitod to Thin Guarantee; Guarantee Entire Contract. (a) Tlli$ Guarantee togelhar with all endormments, if any, attached hereto by the Company is the entire Guarantee and contract between Iha Assured and the Company. In interpn,ting any provision of this Guarantee, this Guarantea shall be conslNad as a whole.' · (bl Any claim of loss or damage, whether or not based on negligence, or any action assel1ing sud1 claim, shall ba reslricted to this Guarantee. (c) No amendment of or endorsement lo this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the Presidenl, a VJCB President. the Seaetary, an Assistant Secretary, a validating offioar or authorized signatory of the Company. 14. Notices, When! Sent. All notiQes required to be givml the Company and any statement in writing requ~ed to be furnished Iha Company shaft include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P. 0. Box 27567, Richmond, Virginia 23261-7567. · CLTA Guaran_tee Conditions and Stipulations (Revised 12/15/95) ... Filed for Record at Request of The Talon Group, a Division of Flnt Amerlam Title lnsunmce CompDoy EscrowNumber 1-0212-lJS-Sl=>dmd qfX) · l DO~ Statutory Warra11lty Deed Grantoz(s) Roger L Winter Grantce(s) IKk McCann Company, Inc Abbreviated Legal Tract4S Latunl:lll NH Latunc's Lake Wasb Plat, T/ W Vac Str Add111onal legal(s) on page Assessor's Tax P~ Numbet{s) 4204400200 THE ORANTOR Roger Wm1er, as llls separate cslatc fur and m COl!81derat1on of TEN DOLLARS AND OIBER GOOP AND VALUABLE CONSIDERATION m hand Jlllld, conveys and wammts to Jack McCBUll Company, Inlihe followmg descnbed real eslatc, s11W1ted m the County of (Kmg}, State ofWasbmglDn Tmi 45, N H l,.atmwt's Lake ,::ungtnn Plat, "" per plat rcqm!ed m Volume 6 of plats, page 70, m K,08 County, Washmgton. Jrf' W...•,l111f) ~ · . Together with lhe sout1, 112 of the ppm South I 29th Streci @41mnmg. Togetherw11hpgrt1anofvacatq1 nonhwesc 3td Street @d101n1ug asyacated by Cttvot RentpnOrdmanceNo 4259, Situate in thcCrty of Renton, County of King, State of Waslungton GRANTOR ACKNOWLEDGES lHAT TITLE TO THE PROPERTY JS MARKETABLE AT THE TIME OP THIS CONVEYANCE THE FOLLOWlNO SHALL NOT CAUSE THE TITLE TO BE UNMARKETABLE RIGHTS, RESERVATIONS, COVENANTS, CONDITIONS, AND RESTRJcnONS, PRBSJ!NTL V OF RECORD AND GENERAL TO THE AREA, EASEMENTS AND ENCROACHMENTS. NOT MATERJALL Y AFFECTING THE V AUJE OP OR UNDULY INTERFERING WITH GRANTEE'S REASONABLE USE OP THE PROPERTY, AND RESERVED OIL ANDIORMINING RIGHTS .. STATE OP W ASHINO'TON County of Kmg ss I =ttfy that I know or have satisfactory CVJdencc that Roger L Wmtcr u;/mc the person(s) who appeared before ~ _wd pcrson(s) acknowledged tba~c/they 111 1118trument and acknowledge 1t to be ~lr ft.:e and voluntary act for the usca and p m lloned in tbls tnStnnnent · Dated tins ..i.a...:_ day of......:~-f.-'4--V--=-/- -------, i. A~~NOA J. DUTTON\ i S1 ATE OF WASHINGTOK I N01 AR'<-•·· PUSLIC : '\ C~'"''~~lC'I EXPIRES 11-<lf>·OS _______ .. 1 Baonuw t>u-t+t,r\ N Public m and for the State ofW ASHINOTON Residing at, WA~ My appomlnlent expires \ l ""°'4-o'i. · PAGE ~s OF eas ) CITY OF RE. RECElv MAR 1.t Lvv, lBUli.DING DIVISION INDEX COVER SHEET Return +ddress s..~~~ ~~\!l>-""("E.<;I ~c__. . \.'"LS:a, ~eL-~') ~ ~'°'- ~~vv...E., '-IL.)~ C\.'oO()S:- Please ppnt or type mfonnatton Docume~t Tttle(s)(or transactions contained therem) l t>~ ~ -"'\"~~-r E <;.a o&:A "-'\ ~~"'""~ 2 Refereni Number(s) of Documents assigned or released (on page of documents(s)) . · Grantor(f) (last name first. then first name then 1rut1als) i w\~~~tt.., ~~~ \..... 2 ' 3 0 Akld1t1onal names on pa~ of document Grantee(;) (Last name first then first name and m1tJals), I <;.~Ro~ ~\OC.\.0,....~1. ,~<-..· 2 3 CJ A~1t1onal names on page of document Legal de&jcnptton {abbreviated I e lot block plat or sectJon township range)· I . , . ,~c....-Ar US'"' lo...lir,~~s ~·,\\. . u..~~~"$. ~~ 'Ml),.i"-. ~'°'~ . I D Addininal legal IS on page of document ~JuJ Vt;,..C-~.lrrf Assessor'~ Property Tax ParceUAccount Number L\°l....Ol.!l\...\O -oz...oo-ob D Addttt< nal leeal 1.s on page of document TheAudJ1 ~/Recorder will rely on the mformanon provided on the form The staffw11l not read the document to venfy the ~y or completeness of the mdexmg mfonnatJon provided herem When recorded please return. to C Edward Spnngman Sherron Associates, Inc 12501 Bc!I-Red Road #106 Bellevue, WA 98005 JDJEED OlF TRUST AND SECURITY AGRJEEMIENT Reference# (if applicable) Grantor/b!orrower Granteelak1gnee/beneficwy I Legal Deijcnpnon Assessor'$ Tax Parcel ID# NIA Roger L Wmter, mchvtdually Addittonal on page_ Addittonal on page __ Sherron Associates, Inc , a Washmgton Corporation Addlnonal on page_ Tract 4S Lanmers NH Latuner's Lake Wash Plat, T/ W Vac Str (see full legal on .Exlub1t A) l\W440 ~01-00-0Jo tHIS DEED OF TRUST, made as of dus 10th day of September, 2003, between Roger L Wmter ("Grantor''), whose address 1s 2731 Mountam View Ave N, Renton, WA 980S6, Lawyers Title Insurance CompanyJ ("Trustee"), Sherron Associates, Inc, a Washmgton corporanon, ("Beneficwy") whose address IS 12501 Be1-Rcd Road, Suite 106, Bellewe, WA 980.05 . WITNESSETH qrantor hereby barga1DS, sells and conveys to Trustee m Trust, with power of sale, their nght, title and mterest toireal property m Kmg Cowity, State ofWasbmgton (collectively; the "property"), the legal descnption for wluch 'ts set forth oD Exhibit A attached hereto Tots Deed of Trust ts a first deed of trust on the property The. propttrty is not used pnncipally for agncultural or fanrung pwposes, together with all the tenements, heremtaro+nts, and appunenances Dow or hereafter thereunto belonging or m any W1Se appertanung, and the rents, 1SSU'8 and profits thereof . · The followmg described estate, property and· nghts of Grantor. are also mcluded as secunty for the perfonnan~e of each covenant and agreement of Grantor contamed herem or m the Short Form Deed of Trust and the payment of sums of money secured hereby (a) All funuture, fumtslungs, appliances, machmeI}', velucles, eqwpment and all other property of any kmd now or hereafter located on the property, used or mtended to be used on the property wherever actually located ~) AIJ compensation, awards, damages, nghts of action and proceeds (mcludmg msurance proceeds and any mterest on any of the foregoing) ansmg out of or relatmg to a takmg or damagmg of the Property by reason of any public or pnvate nnprovement, condemnation proceedmg (mcludmg change of grade), fire, earthquake or other casualty, mJury or decrease m the value of the property tcp . All returned prermums or other payments on any msurance pohc1es pertauung to the Property and I any refunds or rebates of taxes or assessments OD the property . --• nus deed IS for the pmpose of secunng perfomwice of each agreement of Gnmtor herem contamed, and payment of the sum of Two Hundred Eighty Thousand and 00/100 Dollars ($280,000 00) with mterest, m accordanfe with the tenns of a pronussory note of even date herewnh m the ongmal prmcipal amoWlt of Two Hundred· Eighty Thousand and 00/100 Dollars ($280,000 00) made by Grantor to the order of Sherron Assoc1att:1s, Inc , and all renewals, moddicabons and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any ofhls successors or assigns. together with mterest thereon at such rate as shall be agreed upon The note 1S due twenty-four (24) months from the date of the note, unless _ otherwISe extended To protect the secunty ofth1S Deed of Trust, Grantor covenants and agrees To keep the property m good coruhtion and repair, to penmt no waste thereof, to complete any building, structure or unprovcment bemg built or about to be built thereon, to restore promptly any budding, structure or miprovement thereon wluch may be damaged or destroyed, and to comply with all laws, ordmances, regulations, covenants, cond1nons and restnctions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property, to keep the propeny free and clear of all other charges, hens or encumbrances impamng the secunty of this Deed ofTIUst 3 To keep all bwldmgs now or hereafter erected on the property described herem contlDuously msured agauat loss by fire or other hazards m an amount not less than the total debt secured by th1S Deed of Trust Grantor shall also mamtam comprehensive general pubbc hab1bty msurance, nammg Beneficuuy as an additional msured All pohc1es shall be held by the lBenefic1uy, and be m such compames as tlie Beneficiary may approve, m such amounts as required by Beneficiary, and have loss payable fmt to the Beneficmry, as its mterest may· appear, and then to Grantor At least 30 days pnor to the expllllUon of the term of any msurance pohcy, Grantor shall funush Beneficmry wttli wntten evidence of renewal or issuance of a satISfactory replacement policy The amount collected under any msmance pohcy may be applied upon any mdebtedness hereby secured m such order as the Beneficiary·· shall dctcnmne Such apphcation by the Beneficiary shall not cause discontmuance of any proceedings to foreclose this Deed of Trust In the event of foreclosure, all nghts of the Grantor m msurance pohc1es tlieu m force shall pass to the purchaser at the foreclosure sale 41 To defend any action or proceedmg purportmg to affect t1ie secunty hereof or the nghts or powers of Beneficiary or Trustee, and to pay all costs and expenses, mcludmg cost of title search and attorneys' fees m a reasonable amount, tn any such actJ.on or proceedmg, and m any suit brought by Beneficiary to foreclose this Deed of Trust · 5 To pay all costs, fees and expenses m connection wttli this Deed of Trust, mcludmg tlie expenses of the Trustee mcuned m enforcing the obhgation secured hereby and Trustee's and attorneys' fees actually mcurred, as provided by statute 6 · Should Grantor fad to pay when due any taites, assessments, msurance prelDlums, hens, encumbrances or otlier charges against t1ie property heremabove descnbed, Beneficiary may pay the same, and the amount so paid, with mterest at tlie rate as set forth m tlie note secured hereby, shall be added to and become a part of the debt secured m this Deed of Trust 1 IS MUIUALLY AGREED lHA T I I I 7 8 9 to 11 I~ lJ 14 • In the event any portion of the proper:ty 1s taken or damaged m an emment domam proceedmg, the entire amount of the award or such portlon as may be necessary to fully sansfy the obhgati.on secured hereby, shall be paid to Beneficiary to be applied to said obhganon By acceptlllg payment of any sum secured hereby after its due date, BenefiCW)' does not waive ns nght to require prompt payment when due of all other sums so secuied or to declare default for fatlure to so pay The Trustee shall rcconvey all or any part of the property covered by this Deed of Trust to the person enntled thereto, on wntten request of the Grantor and the Beneficiary, or upon sab.sfacnon of the obhgatJon secured and wnttcn request for reconveyanee made by the Beneficiary or the person ennded thereto If all or any part of the property or any mterest m 1t is sold or transferred WJ.thout Beneficiary's pnor wntten consent, Beneficiary may, at hu/her/Jts opnon, requuc umnedlate payment m full of all sums secured by this Deed of Trust If Beneficwy exercJSCS this opnon, he/sbellt shall pvc Grantor wntten nonce of acceleranon The nonce shall provide a penod of not less than 30 days from the date the nonce was dehvcred or malled Wlthm whlch Granter must pay all sums secured by this Deed of Trost If Grantor falls to pay these swns pnor to the expmw.on of this penod, Beneficiary may mvoke any remedies pemutted by this Deed of Trust Without further notice or demand on O.rantor Upon default by Grantor m the payment of any indebtedness secured hereby or m the performance of any agreement contained herem, all sums secured hereby shall UDmedlately become due and payable at the opbon of the Benef1e1ary In such event and upon wntten request of Beneficiary, Trustee shall sell the trust property, m accordance with the Deed of Trust Act of the State of Washmgton,. at pubhc aucno:i to the highest bidder Any person except Trustee may bid at Tmstee's sale Trustee shall apply the proceeds of the sale as follows (1) to the expense of the sale, mcludmg a reasonable Trustee's fee and attorneys' fees, (2) to the obhgat1on secured by this Deed of Trust, (3) the SUiplus, if any, shall be distributed to the persons enntled thereto Trustee shall del.Jver to the purchaser at the sale its deed, WJthout warranty, whtch shall convey to the purchaser the interest m the property whlch Grantor had or has the power to convey at the tune of theU" executton of this Deed of Trust, and such as they may have acqwred thereafter Trustee's deed shall recite the facts showmg that the sale was conducted m compliance with all the requirements of law and of this Deed of Trust, which recital shall be pmna fac1e eV1dence of such comphance and conclusive eVJdence thereof m favor of bona fide purchaser and encumbrances for value The power of sale conferred by this Deed of Trost and by the Deed of Trust Act of the State of Washmgton IS not an exclusive remedy, Beneficwy may cause t1us Deed of Trust to be foreclosed as a mortgage In the event of the death, mcapac1ty, disability or reSJgnabon of Trustee, Beneficiary may appomt m wntmg a successor trustee, and upon the recordmg of such appomtmcnt m the mortgage records of the county 1n which t1us Deed of Trust is recorded, the successor trustee shall be vested With all powers of the ongmal trustee The trustee is not obhgated to nonfy any party hereto of pendmg sale under any other Deed of Trust or of any action or proceedmg m which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee · 15 This Deed of Trust applies to, mures to the benefit of, and IS bmdmg not only on the parties hereto, but on thell hellS, devisees, legatees, admm1strators, executors and assigns The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficwy herem 16 Security Agreement When and Jf Grantor and Beneficwy shall respecnvely become the Debtor and Secured Party m any Umform Commercial Code Fuuincmg Statement affecting property either referred to or descnbed herem, or m any way connected with the use and enJoyment of these premises, this Deed of Trust shall he deemed a Secunty Agreement as defined m said Umfonn Commercial Code and the remedies for any VJolat:lon of the covenants, terms and conditions of the agreements herem contmned shall be (1) as prescnhed herem, or (11) by general law, or (m) as to such pan of the secunty which is also reflected m said Fmancmg Statement by the specdic statutoiy consequences now or hereafter enacted and specdied m the Umfonn Commercial Code, all at Beneficiaiy's sole electwn Grantor and Beneficiary agree that the flung of such a Fmancmg Statement m the records normally havmg to do with personal property shall never he construed as m any way derogatmg from or 1mpallJJlg thlS declaranon and hereby stated mtenuon of the parties hereto, that everythmg used m connection with the producbon of mcome from the property that IS the subJect of tlus Deed of Trust and/or adapted for use therem and/or which &S descnbed or reflected m this Deed of Trust as, and at all tunes and for all pUJJJOSes and m all proceedings both legal or eqwtable shall be, regarded as part of the real estate mespecnve of whether (1) any such Jtem 15 physically attached to the Dllp(OVemcnts, (n) senal numbers arc used for the better 1denbficatJon of certam eqwpment items capable of bemg thus 1dennfied m a recital contained m the short fonn Deed of Trust or many hst filed by the Beneficwy, (m) any such Jtem JS referred to or reflected m any such F1Dancmg Statement so filed at any nme I':"/ AddJuonal Secunty Documents Grantor shall withm 1 S days ·after request by Beneficwy execute and dehver any finaDcmg statement, renewal. affidavit, certificate, contmuanon statement, or other document Beneficiaiy may request in order to perfect, preserve, contmue, extend, or mamtam secunty mterest or hens previously granted and the pnonty of the security mterest or hens Grantor shall pay all costs and expenses incurred by Beneficiaiy m connecnon with the preparanon, execunon, recordmg, filmg and rcfilmg of any such document • STATE OF WASHINGTON ) )ss COUNTY OF KING ) I cemfy that I know or have satisfactory evidence that Roger L Wmtcr JS ~ person who appeared before m~. and said person aclaiowledged that he signed this instrument and aclcnowledgcd 1t to be the1r free and voluntary act for the uses and purposes mentioned in the mstrument DATED this 1 .?"~y of .J-..,,/::4-4 , 2003 ~c~ (PnntName) Thomi:1q E • .A~9 NOT ARY PUBLIC m and for th9 State of Washmgton, res1dmg at .b ;ff~ My appointment expU"es ~ -z :1 • "7 &.UUvU.ll I ,vu 11 g 1.uu, . · EXll!IBIT A Tract45j NH Latuner's Lake Washmgton Plat. as per plat recorded m Volume 6 of plats, page 70, m Kmg County, Jwa.shmgton, TogetheJ! with the south 1/2 of the portion of vacated South 129th Street adJollllDg, . Togethel! with portton of vacated northwest 3rd Street adJommg as vacated by City of Renton Ordmance No 4259, . Situate m the City of Renton, County ofKmg, State ofWashmgton ·-.~ .... ~· C 0 CERTIFICATE : .RECEIVED mis oar • I, iheundersigned,Marilyn J. Peters.«;lerkofthe City of Renton, Washlngtan, certify ihat this Is a true and correct copy of Ordinance No, 42S9 """"""""?tit'~ J,.IH'911 "(~ THE. Ol~:.:.;.11:,.~ Of" . ROS&t.td:I,ONS , ,LED FOR RECORD AT REQUESl OF omcE OF THE CllY CI.BlK RENfON MUNICIPAL BLDG. 200 Mill AVE. SO. RENTON, WA 98055 0204[1 fl CITY OF REm!OOCOffl\SJiINGTON 90 .... 02"28 RECFEE RECli F CASH SL 2.00 ORDINANCE NO. 4259 ?.00 ,i,,1,,t,,0,9.00 AH OJU>INANCE OF THE CITY ·oF RENTON, WAStfmGTON, VACATIRG A PORTION OF N. ff. 3RD STREET (STORYBOOK IIOMESflo'AC-003-89). WHEREAS, a proper petition for vacating a portion of N. W. 3rd Street located between Lind Avenue N. w, anci Maple Avenue N, W. adjacent to Sundholm's Addition was duly filed with the City Clerk on or about October 5, 1989, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and WHEREAS, the City council by Resolution No. 2774 passed and approved on November 27, 1989, and after due investigation did fix and determine the day of January 15, 1990, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by law, and the Council having continued ·the hearing to January 22, 1990, and all persons baving been heard appearing in favor or in opposition thereto, and the City council· having considered all information and arguments presented to it; and WBER;EAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation. HOW, Tll£REFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: j : 1 I I C '"' n ,,..,,_,,Rn . . C t r· u ORDINANCE HO. 4259 SECTION I. The following described street, to wit_: See Exhibit "A" attached hereto and made a part hereof as if fully aet forth herein be and the same is hereby vacated subject to an easement over, across, under, and on the entire 60 feet of the street vacation in favor of the city for utility and related purposes. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance sh~ll be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this .1ll!1 day of -...:F..,e..,b,.._ r..,u..,a ... r .. y.._ __ _ 1990. ?12-JAk,u; ,.,Mia{,,~ ~iv 'Marilyn ii.ttt:usen, City Cl'erk APPROVED BY THE MAYOR this 19S,~ay of _..:F:...:e;;.;b..:r;;.;u:...:a..:r:.:y~-I HSIO. .... r·1· '\ ··, •• ...,,.....,.,._.\~~'.....,... .... ~.-~·-·~·~· ------.....,...~ Clymer, ·May ·r · ·• I · .. Date of Publication: February 23, 1990 ORD.134-01/24/90-as. 2 ) I I I I I I l ~ ... .,In -."::--::-:.- C, 0 ORDINANCE NO. 4259 EXfUBIT 0A0 That POrtion of NW 3rd Street (Judson Street), being 60 feet in width, lying East of the East Right-of-Way Line or Lind Avenue NW lllld West of the West Rigbt-or.:.way Line or Maple Avenue NW. All si1ua1e in the Northwest 1/4 or Section Ill, Towmhip 23 North, Range s Ea.st. W.M., Kins County, Washington. LC\IAC:1-89-.AJR:bll V n )! . . ;- ·c-.... N. ..0 53 ...: 0 co ;:; a ... : N --> IJ' ., -'> ,, .. '• ,. ··' >- ...J ···l ;,.,, ..:r ~ ::'I ., Asscss;ncnt DistriCI 92-03 PtoJcCI NumbcrW-2018 IATI:COMERS AGREEMOO TiilS AGREEMENT m:ide :md entered Into this ~ day of ~ 19..2?.' by :ind between the CITY OF RENTON, herelruiftcr referred to as •CJ'JY," :ind lho111:1s W. :ind uur:i Utile 320 M:iplc Ave NW, Renton;WA 98055 hercin:tfter refem:d to :is "DEVELOPER"; WHEREAS, the 'DEVELOPER" Is desirous of imt:dllng cen.:un w:tter systems, s:inlt:uy sewer systems, storin w:itcr dr:lin.igc systems, and/or s1rc.:t Improvements including sign:illz;ltion :and lighting, :and :ippurtcn:mccs thereto :u, nc:ir, or within the herclnhclow described propcny :and to connect.s:imc to the "CITY'S" utility or ro:id system(s) so th.it such Improvements will constitute :in lntegr:al p:irt thereof; :md WHEREAS, no other property owners or users :in: presently .iv:afbblc to sh:il'I: In the cost :ind expense of construction of such Improvements, .ind the p:?rtlcs hereto h:n•ing in mind the provisions :ind tcnns of the "Munlclp:al Water and Sewer f:K:llitlcs Act• cncw 3S,9J.020 Cl seq) :i.nd Sltcet l.11ccomcrs' Jeglsl:itlon (RCW 35.72.010 ct seq): :ind WHEREAS, the "DEVELOPER" Is wUling to p:iy :iU 1he ·costs :ind expenses for the inst:illat_ion ofs:iid improvements: NOW, TIIEREFORE, IT IS HEREBY AGREED ANO COVENANI'ED BY AND BETWEEN TIIE AFORESAID PARTIES AS FOU.OWS: 1. The "DEVELOPER" hereby acknowledges and covcn:mts th:it he ls the owner of the following described property, to wit; · Sec Exhibit "A" and the "DEVELOPfll" hereby agrc:cs :and cove11:1Dts to c::ausc 10 havc· 1ns1:illcd the following described Improvements, to-wit: Jrut.,11:!tion or 200 LF. of a-DI, CL 52 vr.itcnn.:ain, one fire hydrant :ind :au appurtcn:inccs In .1\1:iplc Av. NW., south ofvaatcd NW 3rd·P.bce, per W:atcr Pbn W-2018. LATECOMER'S AGREEMENT-1· 9l-l,0,11.'llllll>h ... I . I •u 1 ... ,. ·.• -' . ; .. "i •. . ... .·/ ' ... ··= ... ·1 •: :·~ ) .. 'I : .J ·; ;j :1 I 1 . .. ···1 . ,J •) I . ~ ,N ~ 0 ~ t;: 0 ... co ~ 0 .. C'\J ..:, IJ' :., .. , ~ ... ,, ;:,. :-.... .... ·, ~ &.J ::, ".;' and such lnsbllatlon to be made In full compllancc with :all appllc:ible codes :ind rcgubt.lons of the "CllY. • The "DEVELOPER" further covenants and warr:ints tmt all expenses and clalm.S in COMcc:llon Wilh lhe construc:tlon and installation of the afores:aid Jmprovcmcnts, whether for bbor or matcri2ls or both have been or wm be pdd ln full, :all at the "DEVELOPER'S" expense. and the "DEVELOPER" a,vcn:mts and agrees to hold the "CITY" '1ffln)css from any lbbility in connection therewith. 2. · The "Developer"' further · certifies th:it the total cost of said construction as hen:ln:ibove spcclf"acd Is $1:Z,431.90. Sec Exhlbil "B" :it.t:ichcd hereto for the ~I dc.scdpUon of lhe bnds affc:c:ted by 1h15 btccomer :igrccmrnt, ::1.nd sec ExhJbit "C' :itt::1.chcd hereto for the map showing In outline the bnd :iffec1cd by such additional ch:i.rgcs per the terms of thJs agrccmcnL The tola.l :,.mount of the cost of 5:lid Improvement sh:ill be employed to determine the pro r:11::1. reimbursement to the 'DEVELOPER" by any owner of rc::,.J cst:ile who_ did not contnbule 10 the original cost of such Improvement. and who subsequently wishes to tap Into or hookup to or use said bcJUlies, which t:ip or hoolalp slull Include connections to btcnls or br:1111:hcs connecUng dtcrcto, :all subject to Ilse bws and ordJn:mccs of the "CITr and the provisions of this Agreement • . TI1e method of detennining latecomer payments sh::1.II be on ofthc.foUowlng: X a. front foot mct!iod b. zone front foot method c. squ:an: !oougc method d. contl'2Cl method C. trip gencr.Ulon (tr:ilfic) method (ll :zppllc:iblc) f. other equitable method g. any combination of methods ::1. through!. (check_ the :ippllcal>lc method of assessment with :in "x") The: ptD t:lf-'l.COst Is $3 l.07975 per front llnczl foot. LATECOMER'S AGREEAIENI' • Z 92-00/AMIIIIIII ·· ... , . . . , .---2sxlD •• ~ ' •••• • •••••• !1' .-... ~ •• • ~ ..... ,. ___ ............ . ... .. '· ·' ' N ~ 0 .~ co 0 N . \1' r .. e 3, . If ls hereby found :and dctc:rmlnc:d th:lt the: construction :and install:ation of said :aforcdcsciibc:d improvement is In the: public lntcn:st . . f. The •DEVELOPER" hereby :agrees :ind coven:ml$ to convey, tr:insfc:r, :and :&SSign unto tbe "CITY" :iU rights, lntc:rcst and title in :and to s;ald lmprovcmcnl$ :and :all :appurtcn:anccs :and :accessories thereto, free: from :iny c:bim :md cncumbr:mce o( :any p:any who1J1SOCVcr; "CITY" :agrees to :accept :and rmJnt:atn s:ald Improvement :as p:art of Its prc:scn t S)'stc:m upon :approv:al thereof by the Oty Engineer :and :af tcr inspection of s:iid construcuon. The "DEVELOPER" runhcr :igrccs :and c:ovcn:ints to cxca11c: :md 10 dclh,cr unto the "CITY" :iny :ind :di documents Including Quit Cl:iim Deeds :and Bills of.S:alc that m:iy rc:ason:ably be ncccss:ary to fully ves& title: in the •CflY" :and 10 cffc:ctu:atc: this convc:y:mcc :ind transfer. The "DEVELOPER" further agrcn .:ind covcn:ints to p:ay unto the "CITY" !iUch service ch:argcs or other cb:irg«:li as m:ay be lmpo!ied by the "CITY" for use: of the Improvements for which this :agreement is granted, 5. The "CITY" l't!SCrvcs the. right, without :aJJ'c:cting the v:alldily or terms of this. Agreement, to. make or c::ausc lo be m:adc extensions to or :additions of the :ibovc. lmprovcmcnl :md 10 allow service connections to be: made to s:ald extensions or :addltionS, without li:abillty on the p!llt of the "CITY" • 6. No person, nnn, or corpor.ttlon sh:ill be gr:intcd :a pcnnll to use or be :authorized to t:ap Into the facility during the period of Ten (10} yc::irs from d:ate hereof, without fiat paying unto the "CITY", in :addition to :any :and :all other co5t5, fc:cs, :and ch:ugcs made or :lSSCSScd for c::ach t:ip, or for the m:aln f:icWtlcs constructed In con..'lcction thc:rcwith, or for street, slgnaliz:llion, and lighting Improvements, the: :amount required by the provisions of this contr.ict except such ch:arges sh:a!I not :apply to :any cxten:.lon of the main f:lc!Uty. All :amounts so received by the "Cm"' sh:all be paid out by It unto the "DEVELOPER" under the tcnns of this :igrccmcnt within thirty (30) d:ays after receipt thereof, less a 15% processing fee. Funhcnnorc, In case :my tap, hookup, or connccuon Is made Into :any such contr:1ctcd f:acillty wlthout such p:aymcnt having brcn first made, the leglsl:itlvc body of the "CITY" may c3ilsc: to have removed such un:aulhorizcd up, hookup; or connection, :and :all comc:cUons or related :lCCC$$DrlCS loc:aled In the f:ac:ility or ri!lht,of.way, :md dispose of such umuthorizcd m:itcri:al so removed, wllhout any U:ability on the p:llt of the "CITY" wh:ttcvcr. It Is further :ign:ed, and covenanted UTECOMER'S AGRE£l\lF.NT • 3 !12·•00/Alllll/bb .· ... -.. ' ;, 'i i .. ) ' N -..0 ....: £ ~ a ~ tO 0 ., N _:, .. , l.l" •I •. ., -' ·:i ./ .J ::, :-, 7. 8 . 9. lh:lt upon cxpir:itlon of the terms of this Agreement; to wit: Ten 00} yc::irs from d:itc hcn:of, plus extension if gr.intcd by Cty Council, "CITY" sh:111 be under no further obligalion to collect _or m:ike :any further sums unto the "DEVELOPER.• The decision of the Dln:ctor of Public Works <1r his a.uthorizcd rcprcsenta.Uve In determining or· computing the :amount due from :my benefited owner who wishes to hookup to ~uch improvement sh:ill be flll:II :ind conclusive in .:ill respects. It Is further :agreed :ind understood th.:11 the :ifon:dcscribcd improvements to be underta.kcn :ind p:ild for by "DIIVELOPER" have been or :ire :about 10 be connected With tJ1e utllitks/tr:mspo11:1t1on systems of the "CITY", :uul upon such connection :ind :acceptance by 1he "CITY" through ils lcglslalivc bod)', said extension and/or Improvement sh:ill be :ind become :i p:ut of the munlcip:il utJllllcs or tr.lnsportatlon S)'Stcms. This Agreement sh:ill be pbeed for record with the King County Auditor's Office Within thirty (30) d:lys of f111:1I execution of the :i.grcc:mcriL Before the •crrr will collect :any bteeomcr's fee, the "DE.VELOPER0 will tr:ansfcr title to :ill of the improvements under the latecomer's :igrc:cment to the "CITY.• the "DEVELOPER" will :i.lso :l55ign to the "CITY" the benefit :ind right to the l:i.tccomcr's fee should the "CITY" be Wl:lble to lootc the "DEVELOPER" to tender aily btccomei's fee that the "CITY" has received. The "DEVELOPER" sh:iU be responsible for keeping the °CITY" Informed of its· corrc:et malJing :address. Should the "CITY" be un:ible to loc:ite the "DEVELOPER" In order to deliver :i. l:iteeomer's fee, t11c. "CITY" sh:111 undel1:lke a.n lndcpcnclcnt lnvestlg:itlon to determine the loc:itlon of the "DEVELOPER·. Should the •crIY,0 after a good faith :ittcmpt to loc::ite the 0DEVE1 OPER" be umble to do so, the btccomcr's fee sh:i.11 be paced In the Special Deposit Fund held by the "CfIT" for two yc:us. At :uiy time Wltllln the two . yc:ir period the "DEVELOPER" m:iy rccclVe the l:i.tccomcr's fee, Without interest, by applying to the "QTY" for th.:it l:nccomcr's fee. After the cxplr:itlon of the two yc:ir period, all rights of the "DEVELOPER" to that fee sh:tll expire, :and the "CITY" sh3ll be deemed to be the owner of those funds. LATI:C9MER'S AGREEMENT· 4 924,0/A.\IHJl>h .----... I l ., J I I \ ··c, l· 1 ., J I ~ -, , . ! ·,~.~ In ,. ·) C\I -..D 0 ..n ...: 0 ~ CD 0 is N () 11' .::, '-' ... :: ·,. ~> ~ .. -.I ....; ·, :;, 10. When the "CITY" has rec:dvcd the funds for a J:i.tccomcr's fee, It will forw:ud th:u fee to the "DEVELOPER" wllhln th1ny (30) days of rccclpt or the funds. Funds received by negotl:d)le Instrument, such as a check, will be deemed rccdvcd ten Cl O) mys after dcllvcry to the "CITY". Should the "CITY" fa11 to fo.rw:i.rd the blccomcr's fee to the "DEVELOPER" through lhe "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOP.ER" Interest on those monies :ll the rate of lnten:st spccUled l.n City q>de Section ~241 (B). However, should the "DEVELOPER" not· keep the "CIT\"' lnfonned. of lt5 current correct malling address, or should the "DEVELOPER" otherwise be negligent :and thus contribute 11. 12. to the bllure of the. "CITY" to inY over the J:uccomer's fee, then no Interest shall accrue on l:ne payment of the btecomct's fee. When :i.uthorw:d by the Qty Council, a btccomer's agreement c:i.n be extended for a period of up to five years. The extension .will be gr:i.nted u~n written request for such extension ffl3dc by the "DEVELOPER· pllor to the apL-:ltlon of the agreement. The latecomer's ag,cclllfflt will expire at lhe end of the ten year period of Item or, if atcnded, at the end of the extended pcmd of. dme, but In no event shall the latecomers agreement be of more than 15 yc:us In dur.ulan. By lnstlrutlng the: 1:i.tccomer's agreement lhe •aT\"' docs not agree to assume any rcspo~ty to enforce the btccomcr's agreement. The assessment roll will. be a m:itter of public iccord :and will sc:rve as a notice to the owners of the potential a.ssc:ssmen1 should connc:ctloa to lhe Improvements be m:ide. lhc "DEVELOPER" h2s rcsponslblllty to monitor those pmJcs connectlnB to the. Improvement . Should the "CITY" become aw:i.re of such a conncc:Uon, it wW use Its best dToru to c:oilcct the . btccomer's fee, but shall not I.neut :i.ny ll:lbJllty should it in:i.dvc:rtcntly f:iil to collect the Ja1ccomcr's fee. LATECOMER'S AGREEMENT· 5 92-00/AMl!Ma r .o·· ' .. . ',. ,, . :."'0 . .. C\J -.o· 0 '° ,_ C) a.) ,:; 0 1 C\J • I O' ..::, ,.l ... " .... ·~ _, > _, _, ., :...,. _,J = -:, QlY OF RENTON STATEOFWASIRNGTON COUNTY OF KING } } 55 ) Onlbls~lbyof~. l!)J,3, bc:rorc me pc:rson:iUy :1ppC!ll'Cd .15!,,I Yu, v :and t'l•''hcrfl.t<:•n--. to me known to be the m...,.c :ind C::n, Y• rt,. • of the munk:lp:il corpor:uion lh:11 executed the within ::ind foregoing inSlrWm:nt, :md :1cknowJcdgcd said tnslrumcnt to be the free and volunl:lry :act :ind deed of s:lid municipal corpor:1t1on for the uses :ind purposes therein mentioned, ::ind on · o:uh sbted lh:at he/she was :1.ulhonud io execute S:1ld lnstrumcnt:and tlut the SCII :affixed Is the eorpor:itc sc::aJ of S:IJd DEVELOPER STATE OF WASHINGTON COUNTY OF KING } } 55. ) On this cl:iy pcrson:illy :1ppc:arcd before me ,t1:tu11s r..rrrt.~ AN P __ flJ1J£.li~·~?~t~TV......,lJf..""'---~~~- <Gr:mtor/s) to me known to be the individu:il(s) described Jn :ind who aecutcd the within :ind foregoing Instrument, and :1dmowlcdged th:i.t ~-signed the s:unc: :is -.:r.t/u;._- lree :ind v0Jun12ry :act :and deed for the uses and purposes lhen:ln mentioned. Given under my h:i.nd :and ofJicl:d sc:i.l thls~t£cl:ayoC .1'Zll,Y, 19.9' mwlicfp:i.J corporation. · Slgn:1.turc ~lOffictrLJffiel:d Sc:i.l IN WITNESS WHEREOF, I h:i.vc hereunto '-}ln~~v set my h:lnd and :i.lrlXCd my offici:11 SCll Not:uyPub~or mof the cby and yc:1r fir.ot :above written. · W:J.Shlngton, residing :at ~ny No c In :I.lid for~~ of , W:i.shington, rcsldinlJ :it~ My appointment expires: • • h~ /95-· ~, U.TI:COMER'S AGRF.EMENT -6 91-4,0/AMll/hh l'tfy :i.ppolnt~ expires: /Q .. fr z;- · ... .. ·---·--. --. ... ' -·-·---------··--· ·---·-··- .. , ) C\J '° ,_ D .:;; '° .8 D a:> ... , 0 ..:,. '::.l N : :~ O' ,.:: ... ~,. > --~ ....J -· ... 1 :.,;rJ ::, -=-· ·• .-. EXHIBIT"A" Utde latecomer Agreement W-2018, Assessment District ~ DEVELOPER'S PROPERlY N:amc/Addrcss Lcga.l Description l.:aur:a & Thomu W. Utt!c KING COUNTY TAX ACCT #420440-0206 }20 Maple AV NW Tr:ict 46, N.H. l.:atlmer's l.:akc WN Pbt, :is n:cordcd In Renton, WA 98055 Vol 06 of Pbts, p;ige 70, Records of King County WA, together with portion of v:acated street :idjacent, less north 4 5 ft and less c:ist J 40 ft; Developer's pro-rat:1 sh:irc of Improvement cost under terms of this btccomcr :igrc:cmcnt for :above described ~reel,; ls: LATECOMER'S AGREEl\fENT • 7 9Z-CZ9.DQCJAMIIJl,h $}1.07975 x 131 Ct. Ct. 0 S.f,071.45 I ... ... ' . \• . . ..... H . . ·, .. ;~-~)( 9 n · __ . I :d =· ~ ' ~ ., •I ·a .• '.i ;t·,,·· EXHIBIT"B" NOTICE OF ADDmONAL WATER OR SEWER FACILITY TAP OR CONNECUON CHARGES REQUIRED DY RCW 65.08.17 C3) mew ,s.22.02s> I\IUNJOPAUTY CnY OF RENTON, WASHINGTON FINAL ASSESSJ\IENT ROU ADDffiONAL TAP OR CONNECilON CHARGE PER: lJttle, W:iterm:iln Improvement L::uccomer AgreemenVAsscssment District No. 92-03 PROJECT NO: W-2018 RECIPIENT: Thom:is W. and l..zur.1 lJttlc BRIEF PROJECT DESCRIPTION: Completed lnst:ilbtlon of 200 L.F. of 8" DI, CL52 W:iterm:iln, one fire hydrant :i.nd :ill ·appuncn:mccs In Maple Ave N.W., South ofV:ic:ited NW 3rd Pl:ice TOTAL ASSESSMENT COST: F"uul Cost W.tterm:iln Improvements $12,431.90 METilOD OF ASSESSMENI': Front llnCll foot TOTAL COST (divided by) ASSESSAIILE FRONT FOOTAGE $t2t\1.2Q 4 0 ft .. $31.07975 Tot:il Cost perfr. ft. If there ls any question reg:uding the p:i.Jd or un~d st:itus of the following :1SSCSsments, please C:111 the City or Renton, Property l\lan:agcment at 23S-2631. . Ownership Legal Dcscrlptlon Fro,it Assessment or Addltlon.'11 Footaite Ch:imc PARCa.NO. I KING COU1'"1Y TAX ACCT 04:io««MIZIIO F,..,k 11rnn•11 P Traci ,s. N.IL Lltlmct'o Lal,c WN Plat. IS IKOfllcd Ill ZOG'. S6.:IIS.9S S2:: SIi' LIIIJISl"" lld Vol 6 ol l'l>ts p,~c 70, n:canb ot K1n11 Co. w~,on RcntoQ. 'li'A 9HOSS and portion of v ... "1n! Sln:cis ..ii.cm, PARCEL NO. 2 KINGCOU1'"1YTAXACCTl'l-l~I Coll'm. ,_. ll N. 4S It ond S 1/Z _,cd IIICCl adJxmt Tnct 46, NJL Ci9' SZ.144.~ .u I T•rlar t.•Cl',-W l.a1imcn Lal« 'lll'N Pbt. :ts n,conJrd III Vol 6 of Pblo Rcaion, WA 9IIOSS P"M• 70, n:mnls al Kln11 Co. W.uhlnjilan Dc-'tlopc,'t l'.alttl k:c Elhlhll "A" 1)1' cU.D71.4S>· TOTAi.. AS.'IWAIII.E fRONT FOOTAGE ,ao- 5UOTOiM. ASSESS.'41:!',T cosr Of RECOVERY Sll,3(,0.°'S 1.£.'iS J5,; Pil~G F£E DIJE C1TY Of IIE.'IITON $-J.2M.IIG s:roo.oo CIW>rr FOIi DEPOSIT ·~ TOTAL P011:Jl,"11AI. LATECOMER FEl! DUE DEVEi.OPEii S?.306.39 "'This ,um b dnd(,pcn pr,>IWI al~ ol toA of 'nkt!lllc, wllldl bm been pre-paid Olld ls -IWCSNblt under lht tcnris of this la!«mn<t ,iarccmtnl . . t.'. TI;CQMER'S AGREEMENT· 8 92-429.DOC/AMll/bh -····· ::", i I 'I :i 1 l •: :< l :! i; ,• I 1 i ' :1 .i :I 1 l I .• .. ' 0 . :, ....J ~• . '> ! ;,, .;: ... ,, _•$#1: NORTH "!,It/: ... , . ,, . c,,J PORTION NW~ 18·23-5 .---- EXHIBIT ·c· LITILE LATECOMER AGREEMENT MAP WATERLINE IMPROVEMENTS IN MAPLE AV NW, SOUTH OF NW 3RD Pl Q ·~ . -~ ·/&. P,m:cl 1 I ST r~· ... / (o .. '.' 0 . ,.· NW 3tdPL 3~ Pl£W a• WATER LINE ----ElUSTING WATER LINE LATECOMER'S AGREEMENT· 9 ~-•UO/.Ulll/bh I I I I I , I I ~ i i r ' .• ~1 CITY OF RENTON RECEIVED RENTON PLACE III LOT CLOSURES.txt MAR t 2 2004 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________________ , _ _ _ _ _ _ _ · IBUJWING DIVISION Parcel name: LOT 1 North: 180578.5647 East : 1297104.5737 Length: 99.85 East 1297204.4071 Length: 5. 00 · Line course: s 88-57-21 E North: 180576.7451 Line course: s 01-44-15 w North: 180571.7474 Line course: s 01-44-15 w North: 180501.7696 Line course: N 88-57-21 w North: 180503.5892 Line course: N 01-44-15 E North: 180578.5647 East 1297204.2555 ·Length: 70. 01 East 1297202.1328 Length: 99.85 East 1297102.2994 Length: 75.01 East 1297104.5737 Perimeter: 349.71. Area: 7,489 sq. ft. 0.17 acres Mapcheck closure -(Uses listed Error closure: 0.0000 courses, radii, and deltas) course: s 00-00-00 w East : 0.00000 Error North: -0.00000 Precision 1: 349,720,000.00 Parcel name: LOT 2 North: 180628. 5454 . Line course: s 88-57-21 E North: 180626.7258 Line course: s 01-44~15 w North: 180621.7281 Line course: s 01-44-15 w North: 180576.7488 Line course: N 88-57-21 w North: 180578.5684 Line course: N 01-44-15 E North: 180628.5454 East : 1297106.0898 Length: 99.85 East 1297205.9233 Length: 5.00 East 1297205.7717 Length: 45.00 East 1297204.4072 Length: 99.85 East 1297104.5738 Length: 50.00 East 1297106.0898 Perimeter: 299.70 Area: 4,992 sq. ft. 0.11 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 course: s 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 299,700,000.00 Parcel name: LOT 3 North: 180628.5454 Line Course: s 88-57-21 E North: 180626.7258 Line course: N 01~44-15 E North: 180671.7051 Line Course: N 01-44-15 E North: 180701.6913 Line course: N 88-57~21 w North: 180703.5109 East : 1297106.0898 Length: 99.85 East 129720S.9233 Length: 45.00 East 1297207.2877 Length: 30.00 East 1297208.1973 Length: 99.85 East. 1297108.3639 Page 1 Line RENTON PLACE III LOT CLOSURES.txt Course: s 01-44-15 W Length: 75.01 · North: 180628.5354 East : 1297106.0895 Perimeter: 349.71 Area: 7,489 sq. ft. 0.17 acres Mapcheck clrisure ~ (Uses listed courses, radii, and deltas) Error closure: 0.0100 course: s 01-44-15 w · Error North: -0.01000 East : -0.00030 Precision 1: 34,971.00 Parcel name: LOT 4 North: 180703.5164 East 1297108.3641 Line course: S 88-57-21 E Length: 99.85 North: 180701.6968 East 1297208.1975 Line course: N 01-44-15 E Length: 20.00 North: 180721. 6876 East 1297208.8039 Line course: N 01-44-15 E Length: 55.00 North: 180776. 6623 East 1297210.4715 Line course: N 88-57-21 w Length: 99.85 North: 180778.4819 East 1297110.6381 Line Course: s 01-44-15 W Length: 75.01 North: 180703.5064 East 1297108.3637 Perimeter: 349.71 Area: 7,489 sq. ft. 0.17 acres Map~heck cl-0sure -(Uses listed courses, radii, and deltas) Error closure: 0~0100 course: s 01-44-15 w Error North: -0.01000 East : -0.00030 Precision 1: 34,971.00 Parcel name: LOT 5 North: 180828.6942 Line Course: s 88-46-56 E North: 180826.5723 Line course: s 01-44-15 w North: 180776.6653 Line Course: N 88-57-21 w North: 180778.4848 Line, cours~'. N 01-44-15 E North: 180828.6917 East : 1297112.1613 Length: 99.84 East 1297211.9787 Length: 49.93 East 1297210.4648 Length: 99.85 East 1297110.6314 Length: 50.23 East 12971l2:1544 Perimeter: 299.85 Area: 5,000 sq. ft. 0.11 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0073 course: s 70-36-03 w Error North: -0.00242 East : -0.00687 Precision 1: 41,075.34 --------------------------------------· ------------------------------------ Parcel name: LOT 6 North: 180826.5720 East : 1297211.9826 Line course: s 88-46-56 E Length: 99.52 · .· Page 2 ,. RENTON PLACE III LOT CLOSURES.txt North: 180824.4570 East 1297311.4802 course: s 01-40-26 w Length: 49.62 North: 180774.8582 East 1297310.0307 Line Line course: N 88-57~21 w Length: 99.58 North: 180776.6728 East 1297210.4673 Line Course: N 01-44-15 E Length: 49.93 North: 180826.5799 . East 1297211.9812 Perimeter: 298.64 Area: 4,955 sq. ft. 0.11 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0080 course: N 10-42-27 w Error North: 0.00782 East : -0.00148 Precision 1: 37,331.25 Parcel name: LOT 7 North: 180776.6680 Line Course: s 88-57-21 E North: 180774.8534 Line course: s 01-40-26 w North: 180719.8768 Line course: N 88-57-21 w North: ·180721.6926 Line course: N 01-44-15 E North: 180176.6673 East : 1297210.4688 Length: 99.58 East 1297310.0323 Length: 55.00 East 1297308.4257 Length: 99.64 East 1297208.8022 Length: 55.00 East 1297210.4699 Perimet.er: 309.22 Area: 5,478 sq. ft. 0.13 acres Mapcheck closure -(Uses Error closure: 0.0013 Error North: -0.00072 Precision 1: 237,861.54 listed courses, radii, and deltas) course: s 55-17-01 E East : 0.00105 ------------------------------------------------------------------------- Parcel name: LOT 8 North: 180721.6893 Line course: s 88-57-21 E North: 180719.8735 Line course: s 01-40-26 w North: 180669.8949 Line course: N 88-57-21 w North: 180671.7115 Line course: N 01-44-15 E North: 180701.6978 Line course: N 01-44-15 E North: 180721.6886 East : 1297208.8011 Length: 99.64 Ea~t 1297308.4245 Length: 50.00 East 1297306.9640 Length: 99.69 East 1297207.2905 Length: -30. 00 East 1297208.2002 Length: 20.00 East 1297208.8066 Perimeter: 299.33 Area: 4,983 sq. ft. 0.11 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error closure: 0.0055 course: s 82-19-05 E Error North: -0.00074 East : 0.00549 Precision 1: 54,423.64 ------------------------------------------------------------------------Page 3 RENTON PLACE III LOT CLOSURES.txt Parcel name: LOT 9 North: 180671.7086 ·East 1297207.2849 Line course: s 88-57-21 E Length: 99.69 North: 180669.8920 East 1297306.9584 Line course: S 01-40-26 w Length: 50.00 North: 180619.9133 East 1297305.4978 Line course: N 88-57-21 W Length: 99.75 North: 180621.7311 East 1297205. 7644 Line course: N 01-44-15 E Length: 5.00 North: 180626.7288 East 1297205.9160 Line Course: N 01-44-15 E Length: 45.00 North: 180671.7081 East 1297207.2804 Perimeter: 299.45 Area: 4,986 sq. ft. 0.11 acres Mapcheck closure -(Uses listed courses, radii, and deltas} Error closure: 0.0045 · · ~ourse: s 82-55-30 w Error North: -0.00056 East: -~.00450 Precision 1: 66,542.22 ------------------------------------------------------·--------------------- Parcel name: LOT 10 North: 180621.7280 Line course: s 88-57-21 E North: 180619.9102 Line course: s 01-40-26 w · North: 180569.9315 Line course: N 88-57-21 w North: 180571.7502 Line course: N 01-44-15 E North: 180576.7479 Line Course: N 01-44-15 E North~ 180621.7272 East: 1297205.7688 Length: 99.75 East 1297305.5022 Length: 50.00 East 1297304.0417 Length: 99.80 East 1297204.2583 Length: 5.00 East 1297204.4099 Length: 45.00 East 1297205.7743 Perimeter: 299.56 Area: 4,989 sq. ft. 0.11 acres· Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0055 course: s 82-19-05 E Error North: -0.00074 East: 0.00549 Precision 1: 54,463.64 ---------------------------------:------------------~--------~--~--------- Parcel name: LOT 11 North: 180571.7473 East : 1297204.2526 Line course: s 88-57-21 E · Length: 99.80 North: 180569.9286 ·, East 1297304.0~61 Line course: s 01-40-26 w Length: 70.00 North: 180499.9585 East 1297301.9913 Line Course: N 88-57-21 w Length:_ 99.88 North: 180501.7786 East 1297202.1279 Line course: N 01-44-15 E Length: 70.01 North: 180571.7564 East:. 1297204.2506 Perimeter: 339.69 Area: 6,989 sq. ft. 0.16 acres Page 4 RENTON PLACE III LOT CLOSURES.txt Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0094 course: N 12-21-24 w Error North: 0. 00914 East : -0. 00200 · Precision 1: 36,137.23 Parcel name: RENTON PLACE III North: 180828.6942 East 1297112:1613 Line Course: S 88:-46-56 E ·Length: 199.36 North: 180824.4572 East . 1297311. 4762 . Line course: s 01-40-26 W Length: 324.64 North: 180499.9558 East . 1297301.9933 Line course: N 88-57-21 W Length: 199.73 · North: 180503.5955 East : 1297102.2964 Line course: N 01-44-15 E Length: 325.25 North: 180828.6959 East . 1297112.1582 Perimeter: 1048.98 Area: 64,838 sq. ft. 1.49 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0036 course: N 60-14-41 w Efror North: 0.00177 East : -0.00310 Precision 1: 291,383.33 Page 5 Printed: 03-12-2004 Payment Made: .'fY OF RIENTON 1055 S. Grady Way Renton, WA 98055 Lalllldl Use Actirnras RECEIPT Peirmo1t#: l!IJA04-032 03/12/2004 10:36 AM Receipt Number: Total Payment: 1,000.00 Payee: JAC_K MCCAININI, DNJC Current Payment Made to the Following Items: Trans Account Code Description 5012 000.345.81.00.0009 Final Plat Payments made for this receipt Trans Method Description Payment Check 3523 Account Balances Trans Account Code 3021 303.000.00.345~85 5006 000.345.81.00 .. 0002 5007 000.345.81.00.0003 5008 000. 345. 81. 00. 0004 5009 000.345.81.00.0006 5010 000.345.&1.Q0.0007 5011 000.345.8i.00.0008 5012 000.345.81.00.0009 5013 000.345.81.00.0010 5014 000.345.81.00.0011 5015 000.345.81.00.0012 5016 000.345.81.00.0013 5017 000.345.81.00.0014 5018 000.345.81.00.0015 5019 000.345.81.00.0016 5020 000.345.81.00.0017 5021 000.345.8lc00.0018 5022 000.345.81.00.0019 5023 0 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5909 000.341.60.00.0024 5941 000.341.50.00.0000 5954 604.237.00.00.0000 5955 000.05.519.90.42.l 5998 000.231,70.00.0000 Description Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax Remaining Balance Due: $0.00 Amount 1,000.00 Amount 1,000.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0401197 V) V) I a.. a.. a.. ii u 0 z rn 'l -- w u ~ u '" ~ 0 u ~ w "' 0 ~ g ~ I ~ " w ~ X z 0 (/) -<( >s: 0 -wz oo :51-- Q_~ z 0::: 0 1--z w a:: ~ 00 -•' o" -~ ~-~ ~ u 0 " ~ b (',j u • ~ 0:::: w 0 _J -::::, (D w ~ 0 :r: LL. 0 0 w 0:::: ::::, a w 0:::: (/) 1---z w ~ w b 0:::: 0... ~ , < • " 0 ii ~ 0 ~ ~ 0::: 0.. 0.. <( w < 0 >-CD z 0 [/) ~ 0::: 0 z IE APP EXISTING SEWER ._, ... ___ 1_.E._UNKNOWN 3+00 L 4204400162 ss 4204400160 w ss ss POWER POLE: LUMINAIRE -- 20 ~-( IN FEET ) 1 inch = 20 ft. 8 0 80 I RENTON PLACE DIVISION Ill THE NORTHWEST QUARTER OF SECTION 18, T23N, R5E, W.M. WATER LINE ON CITY OF RENTON WATER PLAN NUMBER W2018 EX FIRE ------ I ol"" (11 " 0 1/) 0 ~t- I') 0 b._ O' i 0 (11 (11 ----------------------~:w:-=__t:_~t::_:_iw::= __ =-_=-_::__-~=-_::_5_:.+~;0:0~-;==-~==--;~;~~:=:~:=~:H:Y:D-t--:R:A=N=T~~~,-;;;;"~:~~~;~6~+~0i.~~~· ~_ ;.,,.;._;".,~--;.,i~o~=~-~,~. ui~ ... ;,_t_ 17 t I I I L ____ _ 50' .. ____ __J o' 0 ~ 50' --- 0 0 ~ olo I I I -I I I I GFF 148.3 · FF1160.3 FF2 162.0 7 ls-2 !5. I . . ------- ?6: GFF 147.9 15~, FF1 159.9 FF2 161.6 I 8 -I I I I I . -• • • • :N01'40'26"E .' I _____,------.._ \'J2 I I I GFF 148.75 FF1 160. 75 FF2 162.4 9 I I -I L __________ _J I L ________ _ I I I I __J__ 45' 75' 0 0 0 0 '~ L------------1 50' §-1t----o -:-i .. § 75' = - .... -· ·· LINE (TYP) ------------1BUILDING SETBACK --, ,--------------- GGF 203.6 FF1 193.60 .. 4 . . 1 I I I l ____ :.J. __ L ____ l I I 3· I I I I I I . I I I 1 PROJCTED I I SL PE I I EAS MENT I : AREA : I • ' " . q.., !...:. '._ q..:... -~·-'.:_ GGF 202.1 FF1 192.1 CD GFF 150.9 FF1 162.9 FF2 164.6 i 10 I I I I L----------_j 50' 50' ,------- 2 CD GGF 202.8 FF1 192.8 0 0 ~ 0 0 ~ 0 ;------ 152---t----VI 154 r--------vf~ c/ , -~,..--.-. ..... ,.1.L~~ :-158 \'-J'&-- 1 t I I I I I I I I I GFF 154.5 FF1 166.5 FF2 168.2 11 I I ~--------J 70' 75' GGF 201.5 FF1 191.5 CD 1 - ".,, • ·' q 0 0 ~ f-z Lu "' Lu V1 <( Lu 8 0 -(11. ', u, 1/) + u, VJ D R/W, ' --,,.,.~-q,-•>,;,,~ . -----. ' .. _..._,.,.:.._ THESE DRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION IN.ESS SIGNED BY TIE REVIEWING AGENCY CALL 48 HOURS BEFORE YOU DIG 1-800-424-5555 "" "' a: n"' 0"' ~"' --' C IE~ a.. 0 <u. RECOM~NDED FOR APPROVAL w BY _____ _ BY _____ _ BY _____ _ NO. I w 0 0 -0 oc r' Q_ :, u ·o w EE BASIS OF BEARING RECORD OF SURVEY FILED UNDER KING COUNTY RECORDING NUMBER 20000530900003 VERTICAL DATUM CITY OF RENTON BENCH # 1919 CHISELED SQUARE AT TOP OF STAIRWAY AT NORTH END OF CUL DE SAC ON THOMAS AVE. SOUTH ACROSS THE STREET FROM 13208 RENTON AVE. SOUTH. ELEVATION =236.65 NAVD 1988 CITY OF RENTON HORIZONTAL CONTROL CITY OF RENTON HORIZONTAL CONTROL POINT #1896, 1" REBAR WITH CAP DOWN 1.7' IN A 10' MONUMENT CASE AT THE INTERSECTION OF TAYLOR AVE. NW AND NW 4TH ST. KEYNOTES CD HOMEBUILDER SHALL CONSTRUCT DRIVEWAYS AT A MAXIMUM OF 15%. frl'I HOMEBUILDER SHALL CONSTRUCT DRIVEWAY TRENCH I..V DRAIN AND CONNECT TO EXISTING STORM DRAIN STUBS AS SHOWN HEREON. 0 HOMEBUILDER SHALL CONSTRUCT NEW WALL FROM EXISTING WALL TO NEW BUILDING FOUNDATION IF NECESSARY. TO BE DETERMINED AT TIME OF HOME BUILDING PERMIT. GENERAL NOTES 1 • HOUSE FOOTPRINTS SHOWN HEREON ARE CONCEPTUAL ONLY. 2. DURING HOME CONSTRUCTION, SILT FENCE PER CITY OF RENTON STANDARDS SHALL BE INSTALLED ON DOWNHILL SIDES OF LOTS. 3. ALL ROOF DOWNSPOUTS SHALL BE TIGHTLINED TO THE EXISTING STORM STUB PROVIDED TO EACH LOT. 4. HOMEBUILDER SHALL INSTALL RESIDENTIAL QUARRY SPALL CONSTRUCTION ENTRANCE PER CITY OF RENTON STANDARDS AT EACH DRIVEWAY DURING CONSTRUCTION. LEGEND GARAGE FINISH GFF FLOOR ELEVATION FINISH FLOOR a: w Cl ...J ::::, CD w ~ 0 J: lL 0 Cl w a: 5 0 w a: ~ z w ~ w e5 a: 11. ~ w ...J I- i= ct w z ~ --z 0 00 5 0 w 0 <( ...J 11. z 0 I-· z w a: FF1 ·ez··-1 ELEVATION ..... ---... l+O· FINISH FLOOR --+-2 ELEVATION CHECKED FOR COMPLIANCE TO CITY STANDARDS ------------DATE --- ------------DATE --- ------------DATE --- REVISION BY APPR. DATE FF2 ! EXPIRES 2 I 6 I ~& REUSE ~ DOCUMENTS 1H1S OOCUIIENf HAS BEEN SIGNED E1.IC111CMCAU. Y IN MlCalDHla: mTH IAC 198-23-070 AIIII OIAPlel 19.3' RC'I. IJNAIJTHCRZED ,lil.tW,'IION (T Mft (E llf: lflJIIAllClt C1N ntS 000.IIENT -.L INYMJJAIE 1HE OOClltENT, MY CERJR:AlKJI NII !IIIIAl\R. 1HE IDEAS AND DEDS IIOOPCftAlU) !OEM, AS lrM lfSJRl.lEIIT (J" PR(fES9aW. ~ IS Tl£ PRCfERTY rs All!l. NII IS MOT TO BE USED, IN Ml£ (II IN PMIT, F(R MY O'DER PROECT WTHClJT 1HE IRTIEN AIIIHCIIZAlKJI <J" Ma. CITY OF RENTON DEPARTMENT OF PUBLIC WORKS IMPRVMTS REQ 1D of HOMEBUILDER DESIGNED: DATE: 10/06/03 FILE NAME: HOMEBUILDER DRAWN: CHECKED: SCALE: 1" = 20' FIELD BOOK:_ PAGEt APPROVED, SHEET: 1 OF, 1 DIMCTDll ar .-uA.JC 'WOIIICI -.S ;,; l:i ~ 0 1 v M ~ § 8 ~ g ~ 0 ::i "I""'; ~ m 0 ~ a, v v 0 8 C') ~ ~ 0 I C\I ~ t 0 ~ w g s z ~ w " CD 0 I 0 ""') " ~ ...J CD ~ I <( -------- JRJEN10N JP'JLACJE ill SHFEI' 1 OF 3 LUA-04-032-FP LND-10-0356 LOCATFD IN A POKI10N THE NE V4 OF 11IE NW V4 OF SR:;I10N JI, TOWNSHIP 23 NOim1. RANCiE S EASI' OF 11IE WII.LAMEITE MFJUDIAN, Cl'IY OF RENT<J1ll, KING COUNIY, WASHINGTON. CITY OF RENTON APPROVALS OTY Of RENTON PlANNING/BUII..DINC/PUEI.JC 'MlRKS DEPARTMENT EXAMINED AND APPROVED 1HIS, _ __...DAY Of ----20_ ADMINISTRATOR CITY Of RENTON EXAMINED AND APPROVED THtS_--DAY Of----20- MAYOR EXAMINED AND APPROVED THtS_-.JJDAY Of ----20- CITY Cl.ERi(, ATTEST CITY Of RENTON ANANCE DIRECTOR"S CER11f1CA TE I HEREBY CERTIFY THAT THERE ARE NO DEUNQIJENT SPECIAL ASSESSMENTS ANO AU. SPECIAL ASSESSMENTS ON ANY PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS. AU.EYS OR FOR OTHER PUBLIC USE. ARE PAID IN FULL EXAMINED ANO APPROVED THtS_--PAY Of----20- ANANCE DIRECTOR KING COUNTY APPROVALS KING COUNTY ANANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DEUNQUENT SPEOAI.. ASSESSMENTS ON ANY Of' THE PROPERTY HEREIN CONTAINED TO THIS OFFICE FOR COU£CTION AND THAT ALL SPECIAL ASSESSMENTS CERllflm TO THIS OFACE FOR COU£CTION ON ANY Of' THE PROPERTY HEREJN CONTAINED, DEDICATED AS STREETS, Al1.EYS OR FOR OTHER PU8UC USE, ARE PAIO IN FULL EXAMINED ANO APPROVED THIS _ _JJDAY Of ----20_ DIRECTOR DEPUTY DEPARlMENT OD ASSESSMENTS rnMNED N<J ~ MS KM,.v <F ~ ~~. Scott f',Job/ e /(a_~""""'""""/a;"""'_A'~~~~'- KING COUNTY ASSESSOR DEPUTY ASSESSOR L/10440-02.CD RESTRICTIONS NO LOT OR PORTION Of A LOT IN THIS Pl.AT SHAU. BE DMDED ANO SOLD OR RESOLD OR O'M'IERSHIP CHANGED OR TRANSfERRED Yll-lEREBY THE O'M'IERSHIP Of ANY PORTION Of THIS Pl.AT SHALL BE L£SS TiiAN THE AREA REQUIRED FOR THE USE DISTRICT IN 'MilCH LOCATED. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SEE OECLARA TION Of COVENANTS. CONDITIONS ANO RESTRICTIONS Al.ED UNDER AUDITOR'S FEE NO. ~0"4t~/Za"° '19 ON TiilS DAY Of 2004, RECORDS Of KING COUNTY RECORDER. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY TiiA T THIS Pl.AT OF RENTON Pl.ACE IH, IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION Of SECTION 18, TOWNSHIP 2J NORTH. RANGE 5 EAST. W.M.. THAT THE COURSES ANO DISTANCES ARE SHO'M'l CORRECll.Y THEREON; THAT THE MONUMENTS WIU. BE SET AND THE LOT AND BLOCK CORNERS STAl<ID CORRECTLY ON THE GROUND AND THAT I HA'¥£ FULLY COMPUED 'MTH 1HE PR<MSIONS Of THE Pl.A TTING REGULATIONS. RECORDING CERTIFICATE fl.ED-C"L>A ~ ~--------- TH CONFORMED COPY ~~ 20040617000879 CITY OF RENTON DECL 30.0° PAGE001 OF 012 06/17/2004 11:13 • AND RECORDED IN NTY. KING COUNTY, IJA MM. __ . ::iUPERINTENDENT Of RECORDS EASEMENT PROVISIONS AH EASEMENT IS t£REBY RESDMD FDR AND GRANlED TO PUGET SWND ENERGY CO//l'ANY, QIEST, COilCAST, AND ClY Of ROHClt (SOD, WAlEJt It SIDW.K), AND not RESPEC'INE SOCCESS(Rl AND ASSIGNS, llNCO AND UPON 1HE EXlERIOR 1EN FEET PARAU.EL •TI1 AND ADJCIHNI. 1HE STREET flOHACE Of AU. LOlS IN YHCH TO INSTAil., LAY, CONSlRUCT, RENEW, <JIERAl( AND MAIITAH SIDW.K AND lNlERGROUND COlllllS, MAINS, CAil.ES AND IIRES •n1 NECESSMY FM1111ES AND OlHER EQUFMENT F<Jt 1HE PURPOSE Of SBMNG 1llS ~ NI) OlHER PROPERlY •lH EI.EC1RICl1Y, 1B..EPHO€, GAS AND Ull.JTY SER\1CES. TOGE1HER •bt 1HE RIGHT TO ENTElt UPON 1HE LOTS AT AU. TKS Fat 1HE P\JIPOSE HEREII STATED. ALSO EM>I LOT SHAU. IE Sl&ECT TO AN EASEMENT 2.5 FEIT IN •lH. PARAU.EL •lH AND ADJMDIT TO AU. INTERICJt LOT LIES FDR 1HE PURPOSES Of UTIJ11ES NI) DRAll/4. 1HESE EASEMENTS ENlERED I.I'<* F<lt THOSE PURPOSES SHAU. IE RESTORED AS NEAR AS POSSlll£ To not ORIGINAL COOlKJt. NO LIES at IIRES F<Jt THE TRANSIISSION Of ELECTRICITY at F<Jt 1El.fPtOIE USE, at CAil£ 1EI..E\1SKlt, FIRE at PClJCE SIGNALS, <It OlHER PURPOSES, SHAU. BE Pl.ACED at PERIITlED TO IE PLACED UPa. ANY LOT OOTSIJE THE IIUlDINI. lHERE(JC UNLESS M SAME SHAU. IE UlllERGROOND <Jt IN COllllT TO TI£ IU.DING. STORM DRAIN EASEMENT 1HE DRAIIACE FM1111ES LOCAlED •TI1N 1HE STalM DRAII EASDIENlS ~ (JC TI£ Pl.AT SHAU. BE OYIE>, (ffRAlED, Nil MAIITAINED BY 1HE H<IIEOINER'S ASSOOA110N CREATED F<Jt 1lfS Pl.AT. TI£ H<IEOINER'S ASSOCIATION SHAl.i IE ESTAIII..ISHED IN ACCORDANCE •lH WASHNGTCII STATE LAW. TI£ CTY Of RENTCII SHAU. HA't£ 1HE RIQfT TO ENlEJt SM> EASDIENTS TO REPAIR ANY DEFICIENCIES Of THE DRAINA(l[ FM11TY IN 1HE EDT TI£ ow:R(S) IS/NIE. NEGUGENT IN TI£ MAINTENANCE Of 1HE DRAINA(l[ FM11TES. 1HESE REPAIRS SHAU. BE AT TI£ ONR'S COST. DECLARATION OF COVENANT DEDICATION/CERTIFICATION KNOW AU. PE<Jll.E BY 1HES( PRESENTS 1HAT WI'. 1HE lNJERSIGNED <MIERS Of INlEREST IN M L.AND HEREBY SUIIDIWE>. t£REBY DEa.ARE 1llS Pl.AT TO BE THE GRAPttC REPRESENT A 110N Of THE SUll>MSlaf MADE tDEBY, Nil DO IOEIIY IEllCA TE TO TI£ US[ Of 1HE PIJlJC FCH\6 Ali STREElS AND A\Ult£S NOT Sta. AS PRIVATE HEREC,C AND DEDICATE 1HE US£ 1HEREa' F<Jt AU. PIJlJC PURPOSES NOT INCOfSISlENT •n1 1HE US£ 1HEREOf F<Jt PIJlJC ~y PURPOSES, AND Al.SO TI£ RIGHT TO MAKE AU. NECESSARY SI.CJIES Fat CUlS AND F11S UPON TI£ LOTS SH<MI 1£REClt IN M ORIGINAL REASONAIU GRADING Of SM> SM£ IS AND A\elfi KNOW Ali PE<Jll.E BY 1HES( PREStNT 1HA T YIE. 1HE lNJERSIGNED <MIERS IN FEI Slfll.£ Of TI£ LAND t£REBY CERlFt THAT YI: HA't£ ESTAll.lSHED A H<IEOINER'S ASSOOA110N IN ACCORDANCE •lH WASHINCnJI STATE LAW YHCH IDENln:S EACH LOT Of THIS Pl.AT AS MEMBERS Of SAil H<IEOtN:RS ASSOCIA 110N REallDEI) llNCO KltG CXUITY RECXRllNC, NO. ACKNOWLEDGEMENTS STATE Of W,,"''"'' 1 ., COUNTY Of "' , "'' S.S BY ITS PROPER OFFICERS THIS£DAY Of T1,a,,.. e-, 20.d ON THE DAY AND YEAR ARST ABO'¥£ •TTEN. BEFORE ME PERSONAL.LY APPEARto 'Jo... c.\l, YV\ ~ C ... "' "' TO ME KNOWN TO BE THE =-=~~~lC1::~~s~,~~~«~,.._t',__ __________ _ Of THE CORPORATION THAT EXECUTED THE 'MTHIN AND FOREGOING INSTRUMENT, ANO ACKNOYl1.EDGEO SAID INSTRUMENT TO BE THE FREE ANO VOLUNTARY ACT AND DEED Of SAID CORPORATION. FOR THE USES AND PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT~ WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN 'MlNESS WHEREOF, I HA'¥£ HEREON SET MY HANO AND Of'AQAI.. SEAL THE DAY AND YEAR ARST ABOVE •TTEN. e .. 1r\,,., L!,.~, c PRINT NAME SIGN NAME NOTARY PUEI.JC IN AND FOR THE STATE Of vJ -.s \, i W\ ,, e \, RESIDING AT E :s, A :!-Y' .. \ \J " .., 203090.50 TACOMA · SEATTLE 2215 North 30th Street, Suile 300, Tacoma, WA 98403 316 Occidental Avenue Soull, Suile 320, Seattle, WA 98104 253.383.2422 TB. 206.267.2425 TB. LUA-04-032-FP LND-10-0356 RJENI[ON JPJLACJE m LOC'ATED IN A JPOR.TKJN 1HS NB V4 OF nm NW V4 OF .SBCI'ION 11. rowNSH1P 13 NOKIH, RANGE S BA8I' OF mB WD..LAMBTIE MERIDIAN. Cl1Y OF RENTON, KINO COUN'IY, WASHINO'IUif. APRIL 2003 FOUND CASE MON 2• BRASS W/ PUNCH \ CITY OF RENTON MON NO. 1899 · INTERSECTION OF LIND AVf.. NW & TAYLOR AVf.. NW N 182072.63 (RENTON) 7 E 1297108.45 (RENTON) J\ij\ N 182072.38 (MEAS.) ~ ~ E 1297108.14 (MEAS.) ~ ~a ~., ~. ~.~ <" -'c 1;,.% C~~TIONP~ ~ PLAT (N H LA TIMER'S APRIL 2003 '.:_,'% LAKE 0 WASHINGTON PLAT NW 4 TH STREET FOUND CASE MON ~\~ OL 6 PAGE 70) PLUG IN C9NC ~~ V . ' ~--~32'1~·! ___ ~o~ _o~~"32'14~E ___ ~ _ I i ,-259.28 -· -259.91" -· --------, I APRIL 2003 I I 1' ,------~-, I )----------I ~~~: iAipMON I 1 0 1 / I I 1.86' DOYIN I &" 1 HELD As aTY OF RENTON / ::> 1 if / • MON NUMBER 1894S 1 :> ""-l;; I 181141. 71 (RENTON) / 2: I 1 ~! R" 1 ~II 1 1297611.13 (RENTON) 1 I~ I~ / ~ t / .w 1' I I I < I~ ~ (l ~· I I C ..., 1' ;y_v, :~· 1' ;/ I / / ,z' 1-...t52 o I 1-1 C., ;j Zr I I _JI / 1 /!:~,· APRIL 2003\ / 1 I I I i I I FOUND REBAR & CAP 1 LS 11191 I +. FOUND ~~~~R~~ o 1 1 _ NW _3RD pLAC~ _ --_ --_ --_J LS 295371 I \ \ (S 129TH ST ) -30' 30• APRIL 2003 Q~ 30' • • 3 1 FOUND 1 /2.REBAR 1--::_ 1 O~ 1 Z # II . I NO CAP ! I I &" I . ! !1 ~ ~ CY 31 lo· ~ :.,,._f "o· 1· :;;I· ~ ~~,.!\ ~,· z, ~1.u"' 1· < ~ ~ ' ~ 6' $' ~ ~ I t Q.$-~ s (l 1' 'fill~ • ~ Q. t:1' < I ~0" 'O' II ~ -:-.VJ ~· l ~ '-0 r ~-...J <o' !'f W I I-... ,~ ty" ~ I-... ,t:J:-d" ~ .... ~ ' -.I • ~ _J c., ~ ..... (J~.:S: I I ';f" i-..._ Q::cj 51Q. ~~1-.._• ~~~-I I § 0.$ ~ z! ~11 l.;:.S,,.:J I "q:' ~~;......-.... I I 1".~~ ,~ ~ v ~ ~' -.:~:;::~Try1 APRIL 2003_/ j "'/ _/ '---._ ""· I FOUND RR SPIKE y I FOUND REBAR & CAP 1 -• -~ APRIL 2003 1 / LS ~450 I I I FOUND REBAR Ill. 1;AP II FOUND REBAR AND CAP I ::!-" I LS 29537 LS 30450 1 0 I 1 I '~ ! l I -/1t: / t$ ,· <o.$1 I : i I ~ I~ I ~~ I ~1·~ I ~! II I I f!:j I I ct ~§ 0 S89,:)7°C>.l•E -------S89"07'0J;rE---APRIL 2003 CALC POSITION PER FOUND CASE MON PLAT. (N.H. LA TIMER'S APRIL 2003 CONC WITH PIN, a.or DOYIN LAKE WASHINGTON Pl.AT FOUND CASE MON VOL 6, PAGE 70) CONC WITH PIN, 1.0' DOWN OWNER SHEET INDEX SHF.BT 2 OF 3 t ~ GRAPHIC SCALE • , . 2111 400 I I I I ( °' 1'D'I' ) 1 iDch • 100 ft. LEGEND JACK MCCNl'f CCll'ANY, INC. 17422 1081H A\£HUE SE RENTON. WA 980M 4~271-00!50 SHEET 1 SHEET 2 SHEET 3 NOlES/ APPROVALS SECTION ca4TRQ./H01ES PLAT -0 + ...0,,. FOOND MONUMENT AS NOTED LEGAL DESCRIPTION TRACT 45, N.H. LATIMER'S I.AKE WASHINGTON Pl.AT, ACCORDING TO 1H[ Pl.AT THEREOF', RECORDED IN VQ.UME I Of' PLATS. PAG[ 70, IN KING COUNTY, WASHINGTON. TOGETHER WITH THE SOUTH HALF Of' THAT PORllON Of' VACATED SOUTH 129TH STREET, ADJOINING. TOGETHER WITH THAT PORTION Of' VACATED NORTHVIEST 3RD STREET ADJOINING, AS VACATED BY CITY Of' RENTON QRDINANC[ NUMBER 4259. ALL Sll\JATE IN THE NORTHWEST QUARlEA Of' SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY Of' RENTON, KING COUNTY, WASHINGTON. ' SITE AREA PLAT &U31 S.F. 1.41 ACRES SEI SHEET J rF J Fal IO\IJUAL LOT Nt'£AS MINIMUM SETBACKS ZONE R-8 S1REET I FRONT REM YNC SI)[ YNC GNtACES 15 FEET 20 FEET 5 FEET 20 FEET BASIS OF BEARING NOA11'4 01'40'21• EAST FOR CENTERUNE Of' MAP\.£ AV£. NW, BETIIJEEN NW 3RD Pl.AC[ ANO NW 3RO STREET PER RECORD Of' S1JR\€Y F1l£D UNDER KING COUNTY RECORDING NUMBER 20000530900003 EQUIPMENT USED e SET REBAR AND CliP, LS 13870 0 FOUND REBAR/IRON PIPE AS NOTED • SET KING COUNTY STANDARD MONUMENT TACOMA· SEATTLE 3• TOTAL. STATION U11UZIHG STANDARD FIELD TRA\'ERSE 2215 North 30th Street, Suite 300, Tacoma, WA 98403 ME11'40DS FOR CONTRCL AND STAKING. 316 Occidental Avenue Soult!, Suite 320, Seattle, WA 98104 253.383.2422 TEL 206.267.2425 TEL LU A-04-032-FP LND-10-0356 -------NORTH LINE VACA TED 3RD PLACE APRIL 2003 FOUND 1 /2"REBAR LS 29537 SOUTH LINE VACATED 3RD PLACE -------- 4204400184 4204400188 4204400193 N. LINE VACA TED 3RD STREET 1> 30' 30' liIBNlON JPILA.CJE ill lOCATFD IN A PORTION 11IB NE V4 OF 11IE NW V4 OF SECTION 1l TOWNSHIP 13 NOR.1H. RANGE S EAST OF 11IB WlllAMETl'E MF.RIDIAN. CTIY OF RENTON, KING COUNTY, WmllNGTON. PORTION OF TRACT 42 N.H. LATIMER'S LAKE WASHINGTON PLAT 4204400100 ---- I PORTION OF TRACT 42 N.H. LATIMER'S LAKE WASHINGTON PLAT 4204400102 NORTH LINE VACA TED 3RD PLACE ------- APRIL 2003 NW 3RD PLACE (S. 129TH ST.) FOUND 1/2.REBAR (ABANDONED PER ORD. 2106, NO EASDAENTS RETAINED) APRIL 2003 FOUND REBAR & CAP NO CAP N88'46'56•W 199.38' (200.00' PLAT) LS 11191 - - -~--r-----::::-:-::--_.;;.;;---,,~~~~~...;..;;,~~,---...:.;;..~ ..... • I 99.84' I 10· 9' I 10· I 99.52' I a:: ....... ;., I 330 LIND AVE. NW ~/~ I !z I 331 MAPLE AVE. NW I . ~ I LOT s C/11 ii: ~ ~ ~ LOT e ~ :g 5,000 S.F. ft: ~ ~ i I ~ I 4,955 S.F. I : ,_ + _§_OUTH LINE VACATED 3RD PLA~E-~l~--I ~I -..S.QUTH Llfil... VACATED 3RD PLACE+ _ <~ 30' I ;1! Ii I J S88"57'21"E 99.85' J 10' j I I 1. U I C _ --r-:,---, ~ 1 o· STORM DRAIN EASEMENT 9·1~,------, I 324 LINO AVE. NW I ~ I 325 MAPLE AVE. NW I 8 I LOT 4 0 ~ I I LOT 7 I :8 ~ I 7,489 S.F. ~ i I I 5,478 S.F. I I NORTH LINE OF EASEMENT ' I I ,~ ~-~-i---:-----S88-=-'5=7~'2._1"-E...__;9=9=.6-~---+--e PROTECTED SLOPE EASEMENT ) I I p I;;; ~ ~ I / 319 MAPLE AVE. NW / I S88'57'21 "E QQ RI\' * ....... -t,--=..:.aa...:.:..:L.......ll~----lb_~ / / LOT 8 / * ~ ulo on I 4,983 S.F. "' ii'. B. ~ ,~ I l"u s ~ ~ PROTECTED SLOPE EASEMEN f W) ::::>,.., I :J ci ~ :L L - --____ _J2 a ,., °5 ~ _ SOUTH LINE OF ~S.EME~ _ _ -~-t-l "'"'."""----"S88':=-'5._7'-2 .... 1 "..:.E_..:.99.:r..:·;:z._69' ___ .....,_ •• ., ;:: a I 1 1-z 10' STORM DRAIN EASEMENT ~ ;'.:~ LOT 3 / ~ I -------,~ ~ ~ V)w I 7,489 S.F. • I I;/ I a l"" w o 8 i-:'.i 313 MAPLE AVE. NW ,~. on t;/ 312 LIND AVE. NW ~g z wg ·.i ~ / ~ / LOT 9 / vi • w ~ 4,98e S.F. ~ ~ ':o -I 9' ~ I N ~ ~ 22.5·~___., _ Is ~ I S88""7'"·1•,::-99. R.111. ;... r, ASEMEN7 ~ I 0 ... 1 .., , ~ , ;.i; r .---. vi S88"57'21 ·E 99. 75· , ~ z I 306 LIND A VE. NW j ~ , , J;? 9 • i ~ ', I sl I~~ I ci I LOT 2 ~ / j!8 8 I 307 MAPLE AVE. NW I ·g in 4,992 S.F. I I I o 1-8 g LOT 10 g I I ~ , , I I I 9,989 S.F. I .--t/---=S88='5:::..:7...::'2:.:..1"..l:.E--:G~Q·R.~ll'---1..I_..L.1.j..::;:_.a I ! S88"57'21·E 99.80' ! I Ix I I-I I 99.58' I I Ii. 1 ~ I I 300 LIND AVE. NW I; 8 ~0 1;1 I o / LOT 1 ;,i ~ ~ / ;:'.i 301 MAPLE AVE. NW / • ~ I 7,489 s.F. la I ~ I LOT 11 I ~ -ls 8,989 S.F. ,-... ,_ "fm>Rn::i"'LINE VACATEDJRDSTREET --+-• Ii ~ORTH LINE VACATED 3RD STREET/ -. I i:.., [s I · i I ~ I I § / ~ l I 30• 30' 30' G-- -I 99.85' j 9' I 10· 1 99.88' I APRIL 2003 1 .... A:";P:'Rl::-L~2~00::';3--t---r---:S88~'5::7'~2".":1 "~E -L....+~1~99~. 7~3~' ~(2~00~.00'~~PLA~T)~:=.F_OU_N_D_R_E_BA_R_&.,lC_AP-11~ -- FOUND RR SPIKE FOUND REB ra.R AND CAP o LS 30450---....... i N w 3RD STREET LS 3045 4204400301 ~ ~ • (ABANDONED PER ORD. 4259, CITY OF RENTON RETAINS UTILITY EASEMENT • OVER ENTIRE PORTION OF VACATED STREET) ..?· LINE VACATED 3RD STREET _ SOUTH LINE VACATED 3RD STREET ------- ----- - - - --.--------I LEGEND -0 + ...0-FOONO MONIMENT AS NOTEl e SET REBAR AND CNJ, LS 13870 8093600045 LOT 1, TRACT 56 SUNHOLM'S ADDITION lll ~--D I 8093600050 LOT 2, TRACT 56 SUNHOLM'S ADDITION 8093600055 LOT 3, TRACT 56 SUNHOLM'S ADDITION GRAPHIC SCALE 11 » IO i I I ( I]( J'DT ) l inch • 30 ft. 8093600060 LOT 4, TRACT 56 SUNHOLM'S ADDITION 1211 I w • • (0 on N ~r ·~ N, ,., 0 z -------- 30' ~ z . w > <( w _J a.. <( ~ 30' SHFBI' 3 OF 3 ------- NW 3RD ----- 4204400204 4204400206 ------ NW 3RD STREET (ABANDONED PER ORO. 3246) 20· UTILITY EASEMENT PER CITY OF - RENTON ORD. NO. 3246 & FOUND REBAR & CAP LS 29537 -------- -------~ I \' ~ 7: ? 0 FOUND REBAR/IR()trj PIPE AS NOTED • SET KING COUNTY STANDARD MONUMENT EQUIPMENT USED TACOMA · SEATTLE 3• TOTM. STATION UTILIZING STANDARD FIELD TRAVERSE 2215 North 30th Street, Suite 300, Tacoma, WA 98403 ME'THODS FOR CONTROL ANO STAKING. 316 Occidental Avenue South, Suite 320, Seattle, WA 98104 253.383.2422 TEL 206.267.2425 TEL ~ ,...._ -t ~ r r ,(-. r; L_---------------------------~--------------------------------------,-------------