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Home My WebLink AboutLUA-04-058ARTICLES OF INCORPORATION OF BROOKEFIELD HOMEOWNERS' ASSOCIATION A Washington Non-Profit Corporation Gary Racca, being over the age of 18 years, and for the purpose of forming a non- profit corporation under the Laws of the State of Washington, hereby certifies and adopts in duplicate the following Articles of Incorporation: ARTICLE I Name and Period of Duration The name of this corporation shall be BROOKEFIELD HOMEOWNERS' ASSOCIATION and its existence shall be perpetual. ARTICLE II Pumose and Object The purposes and objects of this corporation are to own property for the common benefit of the owners of property located within the plat of Brookefield, as recorded under King County Recording No. . The Association shall also have the purpose and object of operating, insuring, maintaining, repairing, replacing or improving any such property or improvements placed thereon and for the exercise of any right, duty or other function including the establishment and collection through lien, if necessary, assessments as provided in the By-Laws of the corporation and as provided for said Association in the Declaration recorded under King County Recording No. ____________ _ ARTICLE III Registered Office and Agent The location and post office address of the initial registered office of the corporation in the State of Washington shall be 12815 Canyon Road, Puyallup, Washington 98375, and the initial registered agent of the corporation shall be Gary Racca, 12815 Canyon Road, Puyallup, Washington 98375. ARTICLE IV Membership The members of this corporation shall be the owners of Lots 1 through 47 of Brookefield, as recorded under King County Recording No. , together with the owners of lots on any additional property made subject to the Declaration referred to in Article II above. Membership shall be appurtenant to the Lot owned by such member and may not be transferred except by sale or transfer of the Lot itself. Each member shall have the number of votes as specified in the Declaration. If a lot be subdivided in compliance with law, the owner of each newly created parcel shall be entitled to membership and one vote for ARTICLES OF INCORPORATION BROOKEFIELD HOMEOWNERS' ASSOCIATION Page 1 Brookefield. BOA.Articles.doc each parcel owned. If two or more lots are combined into one parcel in compliance with law, the owners of the resulting parcel shall be entitled to only one membership and one vote. ARTICLE V Officers and Directors The number of directors of the corporation shall be fixed as provided by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. No contract or other transaction between the corporation and any other corporation and no acts of the corporation shall be in any way affected or invalidated by the fact that any of the directors or officers of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation, any director individually or any firm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in any contract or transaction of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or such members thereof as shall be present at any meeting of the Board at which action upon any such contract or transaction shall be taken; and any director of such other corporation or who is so interested may be counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize any such contract or transaction, with like force and affect as if he were not such director or officer of such other corporation or not so interested. Any contract, transaction or act of the corporation or of the directors or of any committee which shall be ratified by a majority of a quorum of the members of the corporation at any annual meeting or at any special meeting called for such purpose, shall, insofar as permitted by law, be as valid and as binding as though ratified by every stockholder of the corporation. Except for acts or omissions that involve intentional misconduct, a knowing violation of law, or any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, the corporation agrees to indemnify and save harmless any officer(s) or director(s) of the corporation against any and all liabilities, judgments, sums of money and expenses (including herein any and all amount or amounts paid in settlement) whether to the corporation, its members or others reasonably incurred by them or any of them in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether in law, equity, or otherwise, to which they or any of them may be a party, or may be threatened by reason of being or having been an officer or director of the corporation, or by reason of serving or having served at the request of the corporation as a director, trustee, employee; or agent of another corporation, partnership, joint venture, trust or other enterprise to the full extent permitted by the Laws of the State of Washington. The initial Board of Directors of the Corporation shall consist of one person. The name and address of the First Director of the corporation who shall hold office until the first annual meeting of the members, or until his successors shall have been elected and qualified, is as follows: ARTICLES OF INCORPORATION BROOKEFIELD HOMEOWNERS' ASSOCIATION Page 2 Brookelield. HOA.Articies.doc NAME AND ADDRESS OF FIRST DIRECTOR Gary Racca 12815 Canyon Road Puyallup, W A 98375 ARTICLE VI Incomorator The name and post office address of the Incorporator is Gary Racca, 12815 Canyon Road, Puyallup, Washington 98375. • ARTICLE VII Members' Meeting The annual meeting of the members of this corporation shall be fixed by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. Special meetings of the members of the corporation shall be set as provided in the By-Laws. Members may attend and vote in such meetings in person or by written proxy. ARTICLE VIII By-Laws The authority to make, modify and repeal the By-Laws of the corporation is hereby expressly vested in the members of the corporation. Any such alteration, modification or repeal shall be approved by a majority of a quorum of the members of the corporation. ARTICLE IX Dissolution In the event of Dissolution of the corporation, the net assets of the corporation are to be distributed to the members thereof in proportion to the number of votes held by each such number. IN WITNESS WHEREOF, the Incorporator has hereunto set his hand this ZtJ day of AuGcu:r ,2004. ARTICLES OF INCORPORATION BROOKEFIELD HOMEOWNERS' ASSOCIATION Page 3 Arookefield.IIOA.Articles.doc CONSENT TO APPOINTMENT AS REGISTERED AGENT I, Gary Racca, hereby consent to serve as Registered Agent, in the State of Washington, for the corporation herein named. I understand that as agent for the corporation, it will be my responsibility to receive Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation or of any change in the Registered Office address of the corporation for which I am agent. DATE ARTICLES OF INCORPORATION BROOKEFIELD HOMEOWNERS' ASSOCIATION Page 4 Brookefield. HOA.Articles.doc CONSENT TO ACTION OF MEMBERSHIP AND BOARD OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING OF SAME OF BROOKEFIELD HOMEOWNERS' ASSOCIAlJON A Washington Non-Profit Corporation The undersigned, being at this time owners of every lot in the Plat of Brooke field, as recorded under King County Recording No. and all of the initial members of BROOKE FIELD HOMEOWNERS' ASSOCIATION, consent to the following action: 1. The Bylaws attached hereto and incorporated herein by this reference are hereby adopted as the By-laws of this corporation. 2. The following are hereby elected as officers of the corporation to serve until the next annual meeting of the Directors of the corporation and until their successors are elected and qualified: -President Gary Racca Carol Hardesty -Vice President, Secretary-Treasurer DATED this ZO"ffd day of At.A~~T ,2004. SBI DEVELOPING, LLC, a Washington Limited Liability Company B~r CONSENT TO ACTION -Page 1 BROOKEFIELD HOMEOWNERS' ASSOCIATION Hrookelield.ll OA. Consent.doc J I .rUN. 9.2004 8: 56RM CORE DESIGN INC NO. 456 .. MAILBOX REQUIREMENTS NOTIC~ fOR All NEW PLATS AND SHORT PLATS City of Renton Development Servfces DiVISiOn 1055 Sou1h Gracly Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants to be InvolVed in helping you locate your mailboxes b&for& conslnJctlon begins. Please take a copy of your plat map alOng WIth lhls form to the City of Renton Post Office, 314 Williams Avenue South, for their sign~. Please submit a signed copy of this form with your application_ OWner's Name: 5 B I O'::Vc(.OP'N(:,-Phone Number. .i1!5.3 -fifB -OBaa Land Use Application Number: 1. UA ~ o3 p OO:\ Post Office APproval: \yi l \':hM ~A ARM Date: __ .....,.. ________ ...:.'_ Q:\WESIPW\DEVSERWorms\Planninglmailbox.dOC r. /,-; JUN. 3.2004 3:08PM , . ,/ ····i-·· , c:... ;el"""'::Q..':::, I (5i.3 I 5·:'\ j ,;;-:'" 33-3) , \ I 1 I I I I I I L_ --I I I I I ~-- , \ ..... ~\ I \ I \ ~. \ U I 1~':l\]Gl ~ -I Ie',::, I I ')~ ,,\J. -. 0 N , , , ,"':' 'N I I J J I I Ie CORE DESIGN INC ~ 10 rn :R ~ N - • ""--.. Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209~397156 Page No.: 1 LIABILIlY FEE \ ",,.. I JI , ~ ~~t5 First American First American Title Insurance Company $ $ 2101 Fourth Ave, Ste 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 Developer Services Fax No. (253) 671-5802 Shari Workman (253) 671-5834 sworkman@firstam.com THIRD REPORT SUBDIVISION GUARANTEE 1,000.00 ORDER NO.: 300.00 TAX $ 26.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Sound Built Homes, Inc. 4209-397156 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: August 10, 2004 at 7:30 A.M. First American Title FOrm No. 14 Subdivision Guarantee (4-10-75) THIRD REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: SBI Developing, L.L.C., a Washington Limited Liability Guarantee No.: 4209-397156 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel l1A": The North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892; And except the South 160 feet of the West 330 feet. Parcel "6": The South 80 feet of the West 330 feet of the North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892. Parcel lie"; The North 80 feet of the South 160 feet of the West 330 feet of the North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by First American Title Form No. 14 Subdivision Guarantee (4-10-75) deed recorded under Recording No. 3261892. Parcel "0": Guarantee No.: 4209~397156 Page No.: 3 The North half of the South half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892 APN: 102305-9101-05 APN: 102305-9241-06 APN: 102305-9330-08 APN: 102305-9404-09 First American Title FOrm No. 14 Subdivision Guarantee (4-10-7S) RECORD MAnERS: Guarantee No.: 4209-397156 Page No.: 4 1. 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 is at 1.78%. Levy/Area Code: 2146 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of the City of Renton as disclosed by instrument recorded under Recording No. 8612031455. 3. Deed of Trust and the terms and conditions thereof. Loan No.: 3001 Grantor: Beneficiary: Trustee: Amount: Recorded: Recording Information: SBI Developing LLC, a Washington Limited Liability Company Seattle Financial Group, Inc., a Washignton corporation First American Title Company of Washington $4,561,500.00 April 27, 2004 20040427001550 4. Easement, including terms and provisions contained therein: Recording Information: 347794 (Vol. 409/ Pg. 623) In Favor of: Snoqualmie Falls and White River Power Company, a corporation For: pole line 5. Easement, including terms and provisions contained therein: Recording Information: 3120990 (Vol. 1920 I Pg. 123) In Favor of: Puget Sound Power & Light Company, a Massachusetts corporation For: electric transmission and distribution line 6. Right to make necessary slopes for cuts or fills upon said premises for Amelie Schewe Road Ext. as granted by deed recorded September 1, 1942 under Recording No. 3261892 (Vol. 2075/ Pg. 294). 7. Matters which may be determined upon the examination of the final plat. First American Title FOrm No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES A. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9101-05 Code Area: 2146 Amount: $ 2,116.01 Assessed Land Value: $ 140,000.00 Assessed Improvement Value: $ 42,000.00 (Affects Parcel A) B. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9101-05 Code Area: Amount: Assessed Land Value: Assessed Improvement Value: (Affects Parcel B) 2146 $ $ $ 2,116.01 140,000.00 42,000.00 C. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9330-08 Code Area: 2146 Amount: $ 2,335.09 Assessed Land Value: $ 82,000.00 Assessed Improvement Value: $ 119,000.00 (Affects Parcel C) D. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9404-09 Code Area: 2146 Amount: Assessed Land Value: $ $ Assessed Improvement Value: $ (Affects Parcel D) 1,392.05 120,000.00 0.00 Guarantee No.: 4209-397156 Page No.: 5 E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Form No. 14 Subdivision Guarantee (4'10-7S) Guarantee No.: 4209-397156 Page No.: 6 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE L Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaUlts, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and speCifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judiCial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDmONS AND STIPULATIONS 1. Definition of Tenns. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) ftlandft: the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law COnstitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. Cd) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) ftdate": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby COncede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. Cd) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and StipulatiOns have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basiS of loss or damage and shall state, to the extent pOSSible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate, In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be deSignated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permiSSion, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information deSignated as confidential by the Assured provided to the Company, pUrsuant to this Section shall not be disclosed to others unless, in the reasonable Judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title • FOrm No. 14 Subdivision Guarantee (4-10-75) 6. Options to Payor OthelWise Settle Claims: Termination of liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee Of, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with 'irIY costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 1. Detennination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209-397156 Page No.: 7 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. g. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its prinCipal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. . The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having junsdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. {cl No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the PreSident, a Vice PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/1S/9S) First American Title SHEET 2 OF 4 BROOKEFIELD LUA-a..-OIS8-FP LND-IO-O'O' A PORTlON OF THE NW 1/4 or THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON SURVEYOR'S NOTES 1. 4lL TITlE INFORMATION SHO'IIOI 0/1 THIS >J,!R HAS BE£N ElCTlIACTEO ~Ot. FIRST AUER2C.lN mIL 'NSlJRma: CC*oIp ..... r SUBDIVISION CUAANHEt THIRD REPOIIT OJII)(R NO. 42011_.lIi71~ PATto IJJQJST IG, 20()4. 1M F"ltP0JlIH0 1I1IS "IV'. CORE DESICM. INC. H,o,s CCfO.ICltO NO INDEl'ENOOH 11M S[AAQI NOR IS COR[ DESIGN, INC. AWAA[ Of ANY TIll( ISSUES AFTICTlNC THE SUR'lEYEC PRDP(RTY OTHER THAN THOSE Sl+0'/IN otI lH£ ~AP ..... 0 DISCLOSEO By REfERDICED fiRST ......:RIC~N mLE INSURNICE COWPANY CO .... '1loIENT. CORE O[51aN. !tic. HAS REUEO 'M-!OU. Y ON fiRST ","ERIC.I,II TITU: COWI'ilHT Rt/'R[SENIAOOHS 01' THE llll£'S CONOInON TO PREPAA[ IllIS SlJI!\£l' Nfl) 1HEJ!£fOft COR£ llE'SIQj. tic, OOJAUnES THE .. ...,.'5 ACQ/RAC'f ..,.[1 COIoIf'ILTrH[SS TO THAT E~m-.T. z. PROPEllTY AREA. 312.016:1: SQUARE FEET P,18Z1i± ACRES). J. ,til !oICN.OIENTS SIfO'/IN AS rOUHII >o{M FIELD VISIltl) IN .lAY. lOOt UNLESS _ OTllERlIIst. 4. ALL DIST ..... CES ARE IN FEtl. ~ THIS IS A FIELD TlIAYERSE SURVEY. A SOI<I<IA FIll!: SECOOO COIoIII1NEC ELE~IC TOTAl. STATION \liAS ~D TO t.i[1<SURf: THE ..... GUI...AA NlO DISTANCE Ml.).TlOKSHIPS IlET'IIIEEN rHE CONTmlUlHG IoIOHUWOHAIlON ...s SIH)'M<!. Cl.flSURE IIATIOS Of mE 11'I"'1UIS£ WET IlA EXCEEDED THOSE SPEClF1ED IN WAC 332-IJO-090. DISTANCE ME"'SlJRI~G EOOIPMENT HAS BrEN COIoIP ... RED TO 4/1 M,O.S. eASaJNE I'IIrnlN ONE rEAA Of THf; DAit Of THIS SURVEY. I. lliE SEC1ICI'I SlJBOI",SlON SI-IQWj fl(R[ON IS B.o.5(l) ON lHAT RECORt> Of SURVEY 9Y B~9<. IIOED .... 0 HITD<INGS, RECOROro UtlOEn RECORCING NO. 9~D~14iOO4 (REf. NO. I). RESTRICTIONS I. THIS Silt IS Sl.l9JECI TO lHE TEl'MS AND PROVI'SIctls Of AN E"'SE~£NI TO SNOQU.uoI£ ~AU.S ANI) _It RlYEJI PO'M"I'I C.,.... .... Y FIlA A F'OlE UH£ AS OISCI.OSED BY I~S11'lU"'U<T RECOROro U~ER RECORDING ~UNacR .H1794, 8AS£l) ON -mE LOC"'TlON Of rnE (XlSTlNG FAaUTlES, llilS EASE"'ENT IS NOT LOCATED ON THIS SITE. 2. !HIS 'SIlt IS SI.I8-ECT TO THE TEl'IIoiS .... 0 PIIO~SlONS Of .... EAso..£NT TO POGH SOIJNO f'O'OCI .... 0 uDln COUP .... Y fQII THE UEC110lG TIIANSMISSION AND ClSTRI9UTIctl UNt AS ClSct.osm ey !NSlRUM£NT RECOROro UNDER RECORDING NUMBlR ~12099o. mE LEG .... DESCRIPTION CONTAINED I'IIrnlN SilJO INStAU"'£NT IS INSlJrFlClENT TO DETERMINE ITS Ex ... CT loc.o ~ON 'IIITHII>! mE sm. J. THIS 'SIll: IS Sl8.£Cl TO niE RIGHI'S Of KINa COUNTY TO ~AI(E Nft£SSNlY !a.Cf'[S FQII CUI'S 011 FlI.lS AS GR .... TED II>! orm I!tCORIlEll UNDER RECORDINC tNMBER J2~le92 VICINITY MAP ,I P£NClNG ...... r Of FClmD I n-RUN! I PENDINC ?LA T Of " BR(lQj(Efl~LO II 1'IIrn REO ...... sTle ~I CIJ' STAMPEO 'PLS , 8ROOKOlElll II FOU~O 1/2' REaAR 100Ig-, a 2'E. , 02'S • {''''TN REO ... ~snc CAP or C~ER , (OORE.o.oA8l£). 0,2'(. x IN. UI'£ S£ 1/4. 1fltI1/4. liE 1/., SEC. IO-U-~ ~r a.l·S. Of t:ORNER NB814'13'W 6Jl.48 -'5! '--JOOI ----~ " " " " " " " '" ~ " ~ tA~CT A ! of. " IH_ 11lli ST. , ~ }i '" .,$ i ' -. ' " " '" " ,. " " " ~~ < , ~ ~ I c , .. " '" ~"' ~ • " " • -~ j--.-,,' " ~ 1~ ~ e " ~ .-.. ., " " ~ ~" " ., ,. ~~ ~[, 10lli PL " ~ ! <P ~! ~ ~ § , " z , , , . • • , • z • " Iv b-». " I'r'~i~,,----l--'~~.-c~,1'~'_'/~,1._.,:y,,:t..8~n.'5~'~~':'~.C(~j;~'.',~9,11_ •. _~_,1._,~--,,1 __ • ___ ~ ~--,,~ __ _ ~'.',o_ I \..-~OU"OI/2 REB"'R",rn FOUIiOl/1-REB .... ""H J _ § ~ 'tL.!.OW PLASTIC CAP UNPl ... TTED YEllOW PI.-ASTIC CAP :1::1 1-STA~PED "G.EO-DI~ENSIONS SlA~PEO ·G.EO-OO~[NSlONS ~ LS I~Q2~·. 0.1'£. OF ~s '$C2~". 0.:'0. , Q,2N :!!I COR~ER OF CORI'IER - ----\--~8~~~-W--- ---- -+' __ S lINE Nw 1/4. ~[ 1/4, S£C. :0-2J-~ SCALE: 1" = 100' T i ON a" 1tElI1<JI can!I:Q. PII.'IOJ. 16'~ ro..o.o .' CCNCIlElEU<JIU"[.'lIIlH Ill' ,CPP£~ PI. 0 ... 1.5 .= ! 1 cORE ~DESIGN 14111N.f.2I'111P!.SWt-!DJ ......... w.-w.v_ ~BOO7 "25.88:;.7871 Ftvt. .. 25.118.:1.7~6J ENGINEERING PLANNING SURV~YING JOB NO_ 02055A SCALE: ," SHEET 3 OF 4 BROOKEFIELD LUA-04-058-FP LND-l0-0404 A PORTlON OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TV;? 23 N" RGL 5 C, W.M .. I I .I ~I I CITY OF RENTON, KING COUNTY, WASHINGTON ZB 18S/1I:1: Sf <l§g) 29 9810: Sf @1) I +70.~ I 50,02 ~002 , , r N, LINE SE '/4, NW t/~. NE 1/4. SEC, to_2J_5 NBB'4'1J"W 23 4502% SF 50,02 22 ~03: SF c@) ~ I(1'PRlVAn: .-EASOENT !II !L'i¥J1[!·S'H .• 531.48 21 '!SOH Sf ~<§g) ~ ~ ~,. ," 36 37 z o ~ ~ u I I ,~M'I~'4"W '" o I 60.02 = 40' 46 4~02± Sf <l® ~ -;002 2 4~Q2:1: Sf <@) I <n.O I 45 7003 ~o 02 4 .soa Sf @!) ~ 43 4302:1: sr @D §] 5002 5 'l/j04:1: Sf @W ~ ~o 02 5002 500~ \ S UN( N \12. S '/2. so: '/4. UNPlATT,P LEGEND iii SET STANDARO elT'!' OF R£NTOO C(lI<CRETt ~ONU~ENr 'N CASE ~s ~o~ N'" '/4, .. ~ '/4, stt '0-21-5 • ~ET 1/2" X H" REBAR W/'fELLOW PlASTIC CAP SlAIIIP£D "C~E J7~~~" o FOUND C(lRtltR ~OHU"'O" AS Nom. )( SET TACK IN LE~D "/SHINER 'J1~~~' ON PROF'ERTY LINE EXTENDED • 7~ ForT 'N urn <::F nlONT LOT COFINE~S UNlESS ~orro 'JTH£I!YIOSE. @ ~ITY uF ~lNION SIREET AOORF.:5S ..... ' ... ulll n"'SH£D '1.00R tl£ATIOI< ~EauIRW ~l APP~OYED ,N!oNH~INC PLANS ~ 36 42 , \--~ 40 iF 4@F % Im.~ I ~O.02 ~o 02 ~O.02 __ N~.",E._'01H P~L __ _ 5005 NBB'1S'41"W 5006 6J1.69 DATUM NAW Btl PER CIT'!' or RENlON BENCHMARK "t,C' PRIVAI£ 011 .... (;( E/.5EoE)jlSll .w IfOTt4,';l<I' .1<l i!i 9 ~& CIT'!' or R£NlON f'{)INT NO IV07. CfjISD,ED SQUARE IN S,C, CORNER CONCRETE ~AILBOX BASE. w. SlD~ 1421'10 ~ve:. S.E .. OPP<lsn-r HOUSE NO. 12014 EL. 472.88 f!ET CIA (IH.69 IoIETElIS.l CITY OF RENroN POONT NO. 2119. BRASS SURFACE DISK AT lHE INTERSECTION Of S.c' 128TH sr. AND 142110 AI'!;. S.C, rL '126.42 FEG DR (129.974 ~ETElI51 coRE ~DES/GN 1~7!1 />J,E 29lf1P1, Suire 101 kHe ...... , we»ioingt ... 98007 425.885.7977 Fo~ 425.B85.7963 ENGINEERING PLANNJNG SURVEYING JOB NO. 02055A SHEET 4 OF 4 BROOKEFIELD LUA-04-00a-FP LND-IO-0404 EASEMENT NOTES A PORT10N OF mE NW 1/4 OF Tl1E NE 1/4, SEC. 10, T\'iP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON 1"Hf: EA5EIIUITS OEP1CTED ON mE ~AP SHEETS (X THIS ,INAL PLAT ARE ,OR THE UUllEO PURPOSED USTEO eELOw AND ARE HEl'tE8Y CONI£'ItI) ,OLLOIIINC TIlE RECORDING Of T'rlIS RNAl. ?lAT AS SPtCiflEO ACCORDINC TO mE RESERVATlOOS USTm 1Il.0¥i. THE CITY Of RtlHON SI:UU. HAYE 1lIE RlCHT TO ENTE1I 11iE PRIVATE ~Ac( U,SDiENTS g;o~ HElIEON TO Il"EJ'AIR ANY DEflOOlO'ES Of TIlE OIIAINACE fACIUTY IN "11-1( E\oENT THE OVINf;R(S) IS/.o.RE NECl..H)(NT IN "11-1£ ~"'NTOIANer Of Tl1E DRAIN~c( fAOOTIES. "11-IESE ~EP"'RS SHALL !IE AT TIlE O"III'IER'S COST. PUfIl'NG PlAT OF 8AOOKEFlELD II '. AN EASEMENT IS HERUlY Rt:SERVE:O. GRANTED AND CONIoE\"EO TO mE CITY or ~ENTON. KING COU~TY W~TE~ DISTRICT NO. ~o ~ND THEIR RESPECTIVE: SUcce:SSORS ANO ASSIGNS. UNOER AND UPON THE EXTERIOR 10 fEET OF AU. LOTS AND TRACTS, PARALlEL VIITl1 AND ~OJOINING EXISTlNO O~ I'POPOSEO PUBUC RICIn-or-wAY IN WHIO< TO IN5T~u.. L.lY. CONSTRUCT, REN~W. OPER~IE AND ~"'NT~IN UNDOIGiOUNO OISTRIBUll00 SYSIE .. S VIITlI NECE'SS~RY FACIUllES. SlD[W"-l~S I0Il0 OTllER EQlJIP~ENT rOR mE P\.IRPOSE Of 5ERVI~G TIllS 5\lBDlVlSiON AIIO OTl1ER f'IIOPIJITY. "'TIl unuTY SIJI .. a:s AND SlD€WAl..KS, TOGETHER \\1"11-1 mE RIGttT m ENTER ~ TIlE LOTS AT .IU lllES FOIl TlIE P\.IR~ HER£lN TOCETHOI STATEtl. NO UN£S 011 MIlES FOR THE TRANSUISSION OF ElEClAIC CURIIfNT. 011 FOR T£UPHONE us(, CADlE Tn.E\llSION. FIRE OR POUC[ SlQl"-l 00 FOI'I OTllEl't P\.IR~ SH.t.U. BE PLACE!) UPON ANY LOT UNU:5S 1K S.o.wE SIt.t.U. BE IJNI)ER(;ROO'" 011 IN CONDUIT A"~CHEtl m ~ !lU1UlIOO. -- -N8814'l:3"W 2. TIlE TO rOOT PRIVATE DR1.INAC( EASE"ENT 910Ml ON LOTS 1 AND ~ IS TO TIlE BENEFIT Of LOTS 1 .om 2. 1H£ OWNERS or SAID BENEFlTED LOTS SHAI..l. BE ~ESPONSl8I.E FOR :11E ~AlN!ENI,NCE Of THE PfIIVATE OIIAlNAG( rACIUIIES \II1lHlN 5"'0 E~SE"ET'IT. 3. "11-IE 10 FOOT PRIVATE OR~INAC( EASE~ENT Sl10WN ON LOTS' AND 6 TS TO mE BENUlT or LOTS ~ AND ,. TIlE OIONERS OF SAIO eENEATED LOTS SHALL BE Ift:SPONSlIILE FOR TIlE ~"'NTENANCE OF THE PRIVATE DfI"'NAG( rACIUTJES "TlIIN SAID EIoSE"ENT . ... II<E 10 rOOI _VAlE OR .... AC( EAstllUlT ~M! ON LOTS a. 9 ONO 10 IS TO IHE BE>IUIT OF LOTS 7. e """ g. mE o'IINrns OF $All B[II[F1TEtl LOTS 51-1 ........ lIE I<tSP(lNSl8I.( HR THE 'U"'WNlc( Of TIlE PRlVAit DII"'NAGE FAClIJllCi IIIfloill< SA() E45£~El'H. 5.. mE 10 fOOT PRIVATE OR"'NAOC VS£1.IENT SliO'IIN ON LOTS .~ ONO I. IS TO TH( IlENEAT Of LOTS 11. 12 OND 13. TIlE OMl[RS OF SAID BENEFlTEO LOTS SHAll BE RE;SI'ONSIBLE FOR mE ~"'NTOIONCE OF THE PRIVATE DRAINAGE F~CIUllES VIImlN SJ,IO EASE~ENT. e. "11-IE 10 FOOT PRIVATE DR"'NACE; EAS£loI£NT SHOWN ON LOTS Ie. 17 ~O 18 IS TO mE BENEFIT Of LOTS 1~. IG. ANO 17. l)jE O'/INERS OF" SAiO BENEFlIEO LOTS SHAI..l. BE RES;>QNSlBI.E FOR m[ M"'NTtNJoIICE OF TIlE PRIVATE OfI"'NAC( FACIUIIES .. 1l11H SAID EASEMENT. 7. THE 10 FOOT PRIVATE ORA»IAC( (ASDiENT SHO~ ON LOTS Ii >.NO !RACT A IS TO TIlE BEHEflT Of LOTS Ii >.NO 20. l)j( D"WNERS OF" SA() eoENEFlTEtl lOTS SliAU. BE RESPONSI3l..E roo mE "''''NiUlNICE OF" THE PRIVATE O~"'NAG( FAOUllES II1mlN SAKI U,SE~[NT. ~. Tl1E 10 fOOT PRIVATE OR.oJN~c( EASEIoI[NT SHO~ ON LOTS 21. 22 AND 2~ IS TO TIlE BENEFIT or LO~ n. 2~ AND 24. Tl1E O'IINOS OF" SAID BENEFlTEtl LOTS SHAll BE RE5PONSIBlE FOR mE ~AINTENANCE Of TIlE PRIVATE OR~IIIAGE FACIUTlES IIIT'rl1N SAIO .ASE~ENT. g. TlIE 10 rOOT PflIVATE ORAlNAC( EASEIoiENT SHO~ ON LOTS 2~ AND 26 'S TO TIlE BENEFIT or lOTS 28 mo 27. TH( OWNERS OF s..10 BENERIEO LOTS SHALL BE RESPONSIBlE FOO THE ~AlNIENONC( OF THE PRIVATt OR"'NAC( rAClUllES .. TIlIN SMl EA~T. 10. TIlE 10 ~OOI PF!IVATE OIIA1NACE CAS£l,I[)jT SHOM! ON lOTS 2\1 AND .10 IS TO "Tlf[ SEJjml Of LOTS 18. 30 ANO l1 TlIE O'IINERS Of SOW B[)jEFlTm LOTS SH.t.U. BE Rtsf'ONSlOLE: FOR mE MAIHIENANCE OF THE ""'VAft: OR"'MACE; F"ACIUllES VIITl11N SAID E45£loI£NT. 11. THE ~ fOOl PRIVATE DR"'NAC( EASE~ENT SHOWN ON LOTS 3J JoIIO l-4 IS TO mE OENEFlT OF LOTS J2 ONO 3J. THE OION£RS OF SAIO BENEFlTEtl LOTS SHALL BE RE5PONSiOLE FOR TIlE "'AI~TENONCE OF THE PRIVATE DR"'NAGE FACIUllES V1111-I1N s..10 EAS/:"ENT. 12. Tl1E '0 fOOT PRIVATE: ORAIH~c( EASE~[)jT SliOION ON LOT 34 IS TO Tl1E BENEFIT Of LOT 35. TIlE O'M'IERS OF" SAKI BEN{FlTED LOT 5HAU. BE RESPONSIBLE: fOR Tl1E ),I",N!ENANCE Of THE PRIVATE DRAINAGE FAClI..ITIES II1THN SAIl) EASDoIENT. 13. THE 10 FOOT PRIV~1t DRAINAGE U,SOO[)jT SHO'IIN ON lOTS :l6 AND 31 IS TO mE BEJoIU1T Of lOTS 37. AN(! :l8. THE O'IINfRS Of $All BENEflTEtl LOTS SH ........ BE RESPONSIOLE: ,OR TIlE WAINTENANC[ Of TIlE PFIIVATE DRAINAGE FACIUllES VoIfloilN S"'O [~SEME.lH. I •. mE 10 FOOT PRIVATE DRAINAGE EASE),IENT SHOWN oN lOTS ~g ANO ... IS TO THE aE~EF1T OF LOTS W ANO .1. THE OVotlERS Of SAIO 8ENt:FllEO LOIS SHALL BE RESPONSIBLE: fO~ THE MAINIENANa: or TIlE PRIVATE ORAINAGE FACIL.lllES ~MII SAIO EASElolENT 15.. THE 10 rooT PRIVATE JRAINAG( EA5E~ENT SHO.,.., ON LOTS .2 ANO <J IS TO 1lI£ 8[NEFlT Of LOTS oJ ONe ... THE 0'IIN(II5 Of' SAID BENEF1TEO LOIS S>lAl..l. 9E RESPONSIBLE: fOIl mE ~AlNIENNlCE; OF TH~ PRIVATE DA"'N~CE; f~ClUllES IIIIl1IN SAlO EASEIoiEJoIT. 15. THE 10 rOOT PRlVArr I>RAINAClE US£l,IENT ~'IIN ON lOTS ~ ANO 46 IS m 1lI£ BENEFIT OF LOTS <a AND 47. THE O .... ERS 01' SiW BENEf1TED LOTS SH.t.U. Il( RE:5PON5lau: F"OO mE WAINTOIONCE Of Tl1E PFIIV~TE DR"'NAG[ FACIUfiES IIIIl1IN S"'O EASE~UlT. 17. THE PlJOUC DRAINAGE EASEMENT SHOWN ON LOT ~9 IS HEREBY RESERVE:D FOR AND CRANTEtl TO mE Cl1'I' OF RENTON F"OR STOR),I DR"'N~GE FACIL.lllES. TIlE CITY Of RENTON IS HEREBY RESPONSiBLE FOO Tl1E U~INTENANCE Of Tl1~ pueuc OR"'NAct ,AClUTlES \limN S"'D EASEMENT. 10. THE 20 FOOT PRIVATE ACCESS JoIIO UTIlJ1'I' USE"'ENT SHOW>! ON LOTS 12 AND IJ IS TO Tl1E BENEAT OF LO~ \l AND '2. TIlE O~S Of 5.OjD BEN£FlTEtl UlTS SHAlL BE RE;SPONSIBli FOIl JH( M ... NIENONCE aT mE PIlIVAlE I\CCESS AND UllUTY fMlllTIES VoIlHIN SAIl EASEWENT. lS. THE PR!VATt ACCESS /.NO UTILITY (A5EIoIENT SHO~ ON LOTS ~I. ~Z. :;s ANO ~4 IS 10 mE 8El'fEF1T rllOTS !2 AND JJ TIlE 010llERS OF S"'O BENEFlTEtl LOTS SH"-lL BE RESPONSIBLE: FOR TIlE MAINTENANCE Of THE ~FIIVATE ACCE;SS ..... D UTiUTY fAClLlllES IIITHIN SAIO E45£~ENT. 20. THE 10 FOOT S~NITARY 5I;'M:R EASEt.lENT SHO'IIN ON LOT 19 ~D TRACT A IS HEflEBY REstR\IUl FOR ANO OfIANTEO TO Tl1E CITY Of RENTON FOR SANITARY SEWER fACIUfiES. mE CITY Of RENTON IS HEREBY RESPONSIBLE: fOO Tl1E ~AINTOIANCE Of SAID PUIlUC SANITAAY SEVIER FACIUfiES \\ITIlIN SAID [J.SE),IENTS 21. Tl1E 10 FOOT WATER U,SOIENT SliO'llN ON LOT 19 NlO 10 IS HEREBY RE5ERVEO FOR ANa GRANTm TO KING COUNTY W~TER DISTRICT NO. !IO FOIl WA!E"R FACIlITIES. SAlO DlS!1llICT 15 IlEREBY RESPONSIIlLE FOR THE ~""TOI""'CE Of SAIO P\J3UC W~!E"R ,AClUllES "",mIN SAID EASElJEllfS, 22. mE 10 F"OOT WATER (ASOOENT S!<O'IIN ON LOTS 11. 12. 1l Ami 14 IS HEREBY R(SERVEO FOR !.NO Ql""TEtl m KING COUNTY WATER DISTRiCT NO. iO FOR WATER fACIUllES. SAID DISTRICT 15 HEREIIT ItESPoNSIBLE fOR TIlE ~AI!lTENANCE Of SAID F'iJBL.lC WATER F~ClUTIES ~Tl1IN S"'O EASE"'ENTS 50.05 B ~o 07 23. A PRIVATE EA5EIoIE.~T IS HEREBY RESE~VED FOR AND GRANTED m PUGfT SOUND ENERGY CIJI,IPANY. ov.c;T. COMCAST AND TIlEIR RESPECTIVE SUCC~SORS AND ASSIGNS UNDER AND UPON All P~IVATE STREETS. ALlEYW~YS ANO PRIVATE DRIVES. THE EXTERIOR 10 rEET PAA"-lLEL .. m A~ AonNING Tl1E STREET FRONTA~ Of All LOTS AND TRACTS JoIIO ~.OO Fm PARAUEl .. II< AOnNINC "-lLE:YWAY"S AND PRIVAl"E 0!l11oES. F\JRTl1ER EASEMENTS .IJlE RE;SERVED OVER PRIVA!"[ .... ,.,S FOIl VAlJI..fS, "EO~TAI.S AND REUTEtl FAClunES ("VAULT EASEWtIITS") """Aa:NT -NBBl5·41·W TO l\i£ ~_'OOT ,,"OE U1"ILITY (ASEIIUIT RESER\oEO IN THE Pll(CEOIt<C SEl<IENa: AS ~OLLOWSo THE VAlJ\.T U,SOOENT WAY 0CCU1"~ UP TO ON AOOITIONAl. 5 fEU U'I "'OTIl (fOIl A TOTAL 'IIIOTH Of 10 fEET) IIITIl TIlE lE:NG"11-I OF" EACH VAULT EASEw£'<T OCTEHDlHG , fEU FllOlol EA01 [110 Of TrlE "S-!lU1.1 VAUlT(S). m~ N~ NlO LOCAllON Of VAULT U,SEJ,!ENTS IIIlL BE "AS INSTALlEO" DURINe TlIE UllUTYS Il<IllAl. INSTAl.L.ATION Of fACll.JllE'S. TIlE EASE~ENTS "RE RESERIoEO ~ND GRANTEll IN ORDER TO 'NSTAI..L LAY. CONSTRUCT. RENEW. OPERATE AND ~AINT"'N UNOE~CROUND P1PE. CONDUIT. CASLE:S. II1RES. VAULTS AND PEOCSTAlS ,,"Tl1 NECE;SSARY rAClllllES AND ornER EOUIP~ENT F~ Il1E PURPOSE OF SERI1NG 11-IIS SUaUll1SION AND OTllER PROPERTY \\1m ELE:CTRIC. TElEPHONE. CAS. TEt.E:COIIIoIUNICA~ONS. DATA lIlANSiolISSION. STREET UGHTS AND UllL1TY SERI1C( IO(;£THER \\111-1 "11-IE RICHI TO ENTER UPON mE LOTS ~O TRACTS AT All l1~ES FO!I l'lE PURPOSED H£REIN STAT£[). TH£SE EA5EIoIENTS EJoITER(O UPOIj F"OR Ttl!SE PU~PostS 5HAI..l. BE R(STOfiOl AS NEAR AS POSSIBlE TO mEiR ""'GlNAL CONDITION. NO UNES ell .. RES ,011 lRANS"'SSlON Of ELECTRIC CI.IRRENT OR ,OR TEt.E:P~QNE. CABLE mE"SlON. TELECOIoI"UNlCAllQNS OR CATA 1I'IJoIISlilSSl0N SHAl..L 3E PlACED O~ PIJII,IITI(D 108{ ?v.cED 1I11H1H MS EASE"'ENI UN\..ESS mE SA~E SH~ll. BE UNOIJIGROUND .~o P[R .... IoI(lH SlRUCTlJRI: SHAll. OC P\.ActO """11-IIN mE U,SOIENTS .. TlIOIJT PERIiISSION FROtoI U,so..ENT O'IINER5. DATUM MAllO sa PER CITY OF RENTON BENCHMARK Cl1'I' C~ RENTON ''''NT NO. '907. O<IS(lED SOO.lJlE IN S.E. CORNER CCNCRETE ~AIt.BOX BASE. w. SlOE 1<2NO AVE. S.E .• OPPOSlTE >lOUSE NO. 12014 EL. 472.M ,En OR (14~.a~ METERS.) Cl1'l' 0, RENTON POINT NO. 2119. 9RASS SURFACE DISK AT -:liE iNTERsrCTlQN Of S.E. 1~8m 5T. AND «,NO AVE: S.£. EL <25 <2 FEET Cf' (12g 974 1O(:t~Sl LEGEND fB SET STAND.IJlO CITY OF RENTON CONCRETE ~ONU~ENT iN CAS( AS SHOW!< SET 1/2" X 20" REBAR W/TEU.OW PlASllC CAP STA~P€O 'CORE J7~~~' FOUND CORNE~ ~ONU"ENT AS NOTED. srT TACK 'N lEAD w/SHINER "37~~~" ON P~oPERTY LINE EXTENDEO <.7~ rUT IN LIEU OF FRONT LOT COONERS UNLESS NOTED !rTHE:R~sr. CITY OF RENTON STREET ADDRESS r;N. UNE SE: '/4. NW 1/4. NE I/~. SEC. 10_2."1_5 6:3U8 171.21 FauNO '/2· R[8AR ""TIl ~EO / f'\.ASPC CAP ST.uoI'{O ""lS 10019·. 0.2 E. ~ 0.2·S Of CORNER 'I 4:loOO~ Sf 'I @) I ~7Q.0 I Nea'''''J"W ~O.O~ , , 8 , 8 , \ 6.31.69 _~ s. UN£ N 'J •. sin. S£ '/<. / NW I/O. HE 1/<. SEC. :g-2}-~ ~ fOUNO 1/2· "'B'll ~TH >fllOW UNPLATTED P .... STlC CAP ST.o.),IPEI) "OCO-JIMENSIONS LS I~02~". O.rE. x ".<"N. 0, CO~NER SCALE: 1" = 40' i PENDINC PlAT OF BROOKEJ1ELO U ! i ! i COft ~DESIGN )4711 N.£. 2l'1li1'1. 5<.oife 101 w. ..... , 'NaWoQ"'" 98007 425.895.7877 Fax 425.885.790J ENGINEERING PLANNING SURVEYING JOB NO. 02055A SHEET 1. OF 4 BROOKEFIELD LUA-04-058-FP LND-IO-0404 A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC, 10. TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESC~ON PMC£!. 10: lliE NOR~ HALF OF ~E SOU MAST QUARTER or THE NORTHW<:5T QUARTER Cf' mE NORTH£.4.ST QUARTER 01' SECTION 10. TOVINSI.tI~ 2J NORTH, RANG:: 5 EAST 01' THE ~l.L.WETTE ~rnlD1!<.N, IN ~ING CQWlTY. WASHINGTON. EXa:Pr '!li[ WEST ~O I"[[T 1HERECf" CON\o£l((I 70 KINO COUtln' rOR AWEU( SC>IEWIE 1IQ,I.(l EX"". !lY OEm RECORllED UNDEll RECORDING NUIoIIlrA l2~18U; .oiIO OCCEPT lHt SOIJ"TH I~O I"[[T Of mE WIEST .)JO ftET. -_. THE soum eo rEEl OF THE WE'ST .}J(l ITET 01' THE NORTH HAI.f or TIlE SOUTllEAST QUARTER or THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER Of SECTION 10. TO"/INSHII' 23 NalTH, RANG[ 5 EAST 01' THE \OIllA~Em MEFUDlAN. IN KING COIJNTY, WASlIINGTON. EXC£PT THE 'lIEU 30 fE(T nlEJ!£Of COH-.ottl TO IO/IG CWHn' rDR AIIUJE SKWE RO.oD OC"n'l. BY ono RECORD£O UNDIJI RECOROoIHO _OER 3lel~Q:2. THE NI»lTH 110 rEEl Of 1)01( soum 1110 I"[[T or JtjE WIEST 330 f£(T 01' THE NORm 1I.o.Lf OF TIlE SOUJlolU.ST QUARTER OF IH( NORmWEllT QUARTER OF JH( NCRJtj[AST QUARTER or SECTION 10. TO"fINSttIf' 23 NOR"". RMIGE 5 EAST OF THE MllAMETTE ~rAloll<.N. IN ~ING COUNn. WASHtIGTON. OCct1'T THE OI£ST 30 fEET THEREOF CllN\OET[O TO KINO COUNn' rofI AMruE SHE'/IE RO,l.(l DC"". 8Y [)E[O RECORIl£Il UNOIJI R!:Cl:If!DING HUUflER J2!lIDU. PAA!n. II: mE NOR~ HAlF 01' mE SOUTH HiJ.F OF mE SOUlHt:AST QUIJIIIJI 01' mE NORlliWlEST QUARTER 01' THE ~ORIHEAST OU.</t1Ell OF SEClll;t< 10, TOWN!HI' 13 >lORTH. F!AHIlE 5 EIIST 01' lHE "l.L.AloIEnt .wID!<.N, IN K~O COUNTY. WASHINGTON. EXCEPT THE WEST JO fEET 1I-IEREOf CON\OEY!:O TO KING COUNTY FOR AIoIEliE SHEVof: RO.o.o [XTN. BY DEE!) REC(RlFJ) lINDIJI RECORDING /fJIoIOER J2818g:z. DEDICATION / CBRTIP'ICATION KNOVi ALL. PE~ BY I11ESE PRESENT'!) lliAT WE. I11E U~~GNro OIlotl[RS I~ fEE Sl~PLE OF" lliE \.ANO HEREBY PLAntD. IfEREIIT OECVJIE lHlS PLAT .>NO DEDICATE: TO THE USE OF -mE ~El./C fQR(\o(R IoU smuTS ANa AIiENUES SHOiIN HEREON .o.HIl ""E US!: mEll£Of F"<II AlL 1'IJEl./C HICtIWAY 1'IJRf'OS6: ALSO Jtj[ RiGliT TO I'AKE AlL ~ECESSARy SLOPES FOR curs ANO fiLLS UPON THE: LOTS ~NO BlOCllS SlID/IN ON mls P\.A I IN -mE ORIGINAl ~EASONMlLE CR.olllNa ox mE STlIEETS !<.NO AVENUES SHOIlotl HEREON. ANa f1JRTHER OEOIC~TE TO mE USE ox TIlE PU(!lJC. IoU TIlE E:ASE .. on~ 9i01lN ON TItS Pl..AT ~ ALL. ~ElUC PURPOSES .-S I~DICATUI m[JlE~. INCl.\.IOIiC BUT NOT LMTUI TO UTll.mES ..., DRAINAGE. mACT A IS HrAEBY GRA/HID ANO CONIOEYW 10 mE BROOKEFlElD HOIoIEOIlN[RS A'i'lOCIAliON (HoOA) UPON RECORDING Of" THIS P!.AT '-OR STORM OETE:NlION PURPOSES. OIlotlERSHIP!<.NO ~A/~TEN~NC£ (INCUJDINa AU. PRIVATE STORN CtlA<.'I ANI) OETtI<nON fACIUllES) Of SAID m.-CT 5HALL.!I.E niE RESl'QNSlBIUTY ox litE HO .... IN lliE ~l JtjAT THE HOA IS DISSOLVE!) OR omERVllSE f ... LS TO II£(T ITS PROPERTY TAlC OIILIG.OllONS AS £\!IOfNCED BY NON-PAYIoIENT OF PROPERTY TAXES fOR A PEJlIOO Of E1G1fT[rN (Ie) I'OHms. Jtj£H tAO< lOT IN mlS PLAT SH.ou .4.SSU~E AND H""E AN EQlJAL ANO UNOIIIIOEO O'IINERSHF 1NTEREST IN mE TlIACTS PREIliOUSLY OVotlEl) BY lliE HOA ~O HA\OE lliE ATlENO~T fiNANCIAL "110 I'AlNTtI<!<.NCI.: RESPONSlBIUllES. ,.... Ae<::ESS [AS(W:NT O\OER mACT A IS HEREBY OEl)ICATEO to !HE CITY Of RENTON rlR 111[ PURPOSE OF OBSEl!\IING ANO INSPECTING mE I'lI1VATE ORAINAG( fAOOliES ",miN S"'O TRACT TO ASSURE mAT THE OVOOlER{S), 11iElR SlJCC(SSOFIS AND ASSIGNS, ARE PROPERLY OPERATING AND o.IA/NTAlNI~G SAID '-ACIUllES PURSU~T 'TO ON ENG:NUJUNG I'I.~N AF'PRO\oEO BY mE CITY IS IIDITON FOR lliE PflQJECT CIt BROOKEFlllD. I11E CITY ox RENT~ SHALL. HAIoE mE RIGHT TO ~TER 5.lID TRACT 10 ~£p""R ONT OCflOENCI£S ot mE ()RAlNAGE; fAauTY IN mE [IIENT Tli[ OI'o'«R(S) IS/A~[ N[GlJC[NT IN lliE MAINTENANCE 01' THE ORA/NAC( FAClUnES. THESE REPAIRS SHAU. e~ AT 11iE OWNER'S COST. lOT I~ S)<AU. 8£ II(TA/NED BY THE OE';[LOPER fOR f1Jl1.IRE CON\£TNfC[ TO 11iE OIlNER Of" mE .oDJOIIo/INC PROPEfln' TO THE EAST, ~CCES5/ROAOWAY fAC;UlI£S I'AY B~ Cf;\I!LOPEO WlTlI1N S"'O LOT TO P!!OW)£ ACC£SS TO SA/O ADJOINING ~OI'ERTY. SU~JECl TO THE APPROVAl OF THE CITY Of RENTON. KNOW ALL. PEQI'U BY TH£SE PII£SUfTS. mAT 11( lIiE fi£REIN I!E\.OW SIGNED O'MOERS IN fEE Slo.IPl£ f7 THE UJ«) H(REBY SUBOI~D£D. HOlBY ctRlIfY JtjAT WE HA\OE E'STMlUSHEO mE BROOKEflEW HOIoIEO"..,.EflS ASSOCIATION IN ACCORDANCE ~1li WASHINGTON STATE LAW VlliICH IOE~nFlES EACH LOT OF THIS PLAT AS ~ ~E:~B[R OF" S ... D HCWEOWNERS ~SSOCIATION. SAID ASSOCiAllON IS SlJBJECT TO THE OEctAA~llON ()f" CO\OENANTS ANO RESTRlCllDNS ron THE Pl..AT OF 8ll00KEF1£lD. AS DISClOSED BY INSlRUUENT UN[)IJI KIN() COUNn' RECORDING ND. IN VIITNESS \\IjEREOf \Ij[ H~VE sn OUR HANOS ANO SE~LS. SIll OEVELO",NG. LLC. A WASHINGTON U~ITEO UA6IlITY CO~P!<.NY '" ITS: DECLARATION 0' COVENANT S£ATlLE FlNANCIAl CROJP, ~C" A WASHINGION CORPORATION lliE OVOOIER ()f" THE I.!<.NO DlBR"CED WITHIN THIS lONG PLA.l. IN ~[T1JRN '-OR THE BENEFIT TO .. CCRUE fRO'" llilS SUEIOI\IISI~. BY SlCNINC HEREON CQVEN!<.NTS J.NO HER£BY CON\OEYS mE BO<Ef1C1Al INTEREST IN THE NEW EASEIoIENTS SHO\\N ON ThIS LONG PlAT 10 ANY .... 0 AU. flJlIJR( PlJRot..sERS OF I11E lOlS. OR 01' ANY SU80IIIISION mEREOf', I11E CO\OENANT SHALL RUN IIIJtj THE lAND AS SHOWN ON 1l(S LONG PlAT. ACKNOWLEDGWENTS STATE 01' WASHINalON ) '" ~n~ ____ , :s c~~r:ER~~ ~X:TO~P':rA~~: B~~~~A~~ORA~O~~~~ERn;6~" CO'"COO~=OC=O "~C,7, c",CI"'"",",O~O'"OC~C,C;- INSTRUI'E .. T: CfI OA'IH STATED 1><AT HEj51<E WAS AUlHOFIlZED TO EXECUTE THE INS'TRUl.IENT: >.NO ACKNOv.u:oc:ro IT AS OF SOl OE';[LOf'IHG, LLC .. ~ WASHINGTON U""ID llAHIUTY COl.lPANY. 10 aE lH( FREE )..NO IIOLUNTIJIY ACT Of SUCH PARTY feR lHE US£S ANO I'URPGS(s ~ENllONED IN lliE INsmU..,ENI, STAT[ or WASI1INGTON )~S COUNT'!" Of ___ , I CE~TIFY THAI I KNOW OR HA\OE SAllSFA~TORY El'luENc( 11iAT _ IS I11E PERSON THAT APPEARW 9EFOR( IoIE, AND SAID PERSON ACl<NO~O lliAT HE/SHE SIt:NEO mls IHST1IVI.IEN1: ON OAm STATEO ~AT HE/S!<E 'H .. S .lU1N0RIZ£[I TO E'ECUTE :-HE INSII'U"ENT: <HD ACKNO"M.Eocto IT AS Of SEAmE FlNANCIAL GROUP. 1..0 .. A WASHINGTON CORPORATION. ro BE mE FRcE AND VOLUNTARY ACT OF SUCH PAATY FOR lliE USES AND' PURPOSES ~ENllONEO IN 'THE INSmlll'ENT. ~'TEO: _________ ,~ PRINTED NA"E: __________ _ ~OTARY PU8UC IN ANO FOR ThE HATE Of WASHINCTON 'tI:SlOiNC AT _____ . ______ _ YY APPOINThiENT EXPIRES _________ _ . CITY OF RBNTON APPROVALS EJW,i1N[tJ !<.NO AI'?!IOIlEO mlS 0" Y 01' 2004. eTY Of" RENTON "ATOR EXANINED ~O APPRO'oED THIS _ DAY Of _______ ,~. eTY 01' f/ENTON EXMlINEO AND APPRO\£D THIS _ OAT CF ______ ll;Kl •• CITY ClERX CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I IIEREllY c(RII1Y mAT I11ERE IJIE NO OruNQlJENT SPECIAL .4.SSESSI'ENTS "'0 moll AU. S"ECiAL ASSESSMENTS CERllFJEO TO mE CITY TIlEASlJIIEIl FOR COlJ..!:CTION ON .-NY PROPE;IIn' IIEREIN CONTAINED DEDICATED FOR STREETS. -'ll.EYS OR Ol11E/l PUBlIC USES IJIE POJ() IN f1JLL ~" ____ OAT OF __________ ,~. KING COUNTY FINANCE DMSlON CBRTInCATB I HEREBY CEl!TIf"Y niAT AU I'I!a"rATY TAliES IJIE P.lJO. THAT mrAE AAE NO OUJNOUtNT SPECIAl ASSESSU[NTS C£RIII'IEIl TO I11tS OFfICE FOR CI"J.lECIlON !<.NO. !)tAT AU. SPECI ..... ASS!:SSIotE~TS ClRlIfirn TO MS Of'nc( roR COLLECnON ON ANY OF mE f'fIOPOIn' HEREitl CO/<TJ.lHW. OEIiICAlED AS STREE'lS. AI.LEYS OR fOR OmER PUBUC USE ARE HID IN fULL M' ____ OAT Of' ___________ ,~ DEPT. 0' ASSESSIlENTS 2004. KING COUNrT ASSESSOR OEPUTY ASSESSOR RECORDING C!RTIPICATB rllEO FOR RECORD AT THE REOJEST Of ClTr OF RENTOO 11iIS ___ DAY OF __ _ 2004. AT __ ~INUTES PAST __ ,101. AND RECOFIOEO IN VOWIol. _ OF PLA.lS. PA= ____ REcOROS Of ~ING COUNTY. WA!HNGTON. m,,510N Of gn;oRp' AND fl fCUONS SlJPUIINTENOE~T OF RECOROS SURVEYOR'S CERTIFICATE I. STEPII(N J. SOIfIEi. HEREBY CERllFl' mAT ';Hls ..... r CF BflOOK[f1ELD. 15 BASEl! ON ~N ACTUAl SlJ~\oEY IN stCllON 10. TOWNSHIP Vl NORm. RANCE 5 EAST. w~ .• ~ING COUNn' WASHINGTON. I11AT THE COURSES ANO DISTANCES "RE SHOII'N COA~ECRY HEREON. lliAT r;lE I'ONU~ENTS \\oLl BE SET me THE lOT CORNERS srA/(ED CORRECl1.Y ON 1HE IlIIOO~O: .ND THAT I HAVE f1JU.Y CO>.IPUED "'lH THE PR!MS1QNS IX Jtj( Pl..AmNG Rt ........... TlONS. . STEP~EN J. SCHRFJ PROFESSIONAl I.!<.NO SlJR\OEYOR UC£~S[ NO, J75~~ STAlt CF WASHINGTQoI cDiE ~DE5IGN 1471 1 N.E 21'11> Pl Sui,. lOT a ............ wd~ 7(WQ7 ~25.8e5.787l f""425.885.7963 ENGINEERING PLANNING SURVEYING JOB NO. 02055A L4A -0 </-0 S8 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 BILL OF SALE 'Dve.t.t':. \& I Property Tu Partel Number: IOl.~OS-.9l11 () Ip B?~~ ,e3#~ ~~3 1 045 II Street Intersection: I Address: 1-\ ,,', •• Av,NE (!'IE ,0'" "',-, 10';;0 I-\D~ f'V. " .. IE Reference Number(') of Document. assigned or released: Additional refercuce number. are on page __ . Grantor(s): Grantee(s): 1. 5~ UE"£\{E:~G, I LLC..-1. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee. as named above, the fo\1owing described personal property: WATER SYSTEM: Length Size ~ L.F. of .. Water Main -"'~ W""' (,0 L.F.of .. Water Main o (» ",EO;) S,-\S.,-EYI - L.F. of .. Water Main each of " Gate Valves each of " Gate Valves each of Fire Hydnmt Assemblies SANITARY SEWER SYSTEM: ~ Size ~ 9~~·c:> L.F. of ~ .. e5ClQ Sewer Main /,,64."1-L.F.of B .. i:v~ Sewer Main 1 Cl Q L.F. of /':, .. S'De3S" Sewer Main ..., each of !:Ie, " Diameter Manholes 2-each of (QD .. Diameter Manholes each of .. Diameter Manholes STORM DRAINAGE SYSTEM: Length Size ~ l~a.\ L.F. of rz... .. l:l:L Storm Line 11.\2""" L.F.of 11,;: .. Q<j'q> Storm Line L.F. of .. Storm Line , .., each of .. { Storm Inlet/Outlet {ol '] each of 4ti .. _~:1;~L' Storm Catch Basin I each of £.Q .. n Manhole STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter. Sidewalk 3QcQ L.F, Asphalt Pavement: SY or 13~,\,q\ L.F. of 32.' Width STREET LIGHTING: # of Poles ~ By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. , ;}.CO Lj--CJ III C\ bed H:IFILE,SYSIFRM\84I1NOOlJl\BILLSALRDOCIMAB Page 1 Form 84 OOOlibh INWITNES~ ~to set my hand and seal the day and year as written below. NotlllY Seal must be within box Notary Seal must be within box NotlllY Seal must be within box lNDII'IDUAL FORM OF AC/CNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certifY that I know or have satisfactory evidence that ________ _ -;_-;-~_;_:_:_:__;_;_:_;;__;:;__:_;:_-~_;__:_-signed this instnnnent and acknowledged it to be hislherltheir free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_· ___________ _ My appointment expires: ___________ _ Dated: REPRESENTATIYE FORM OF ACJ[]VOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ ..,...,,...,.::-~_;_;_:_;_--_;_-__,:_.,..__;_--signed this instnunen~ on oath stated that helshelthey waslwere authorized to execute the instnnnent and acknowledged it as the and ___ -,---, __ _ of to be the free nod voltmtary nct of such partylparties for the uses and purposes mentioned in the instnnnent. Notary Public in and for the State of Washington Notary (Print),~-:--------~---My appointment expires:, ___________ _ Dated: CORPORATE FORM OF AC/CNOWLEDGMENT STATE OF WASHINGTON )SS COUNT'( OF KING a) _ 2. 1 On this ",(.)11'.. day of Jl (Me; 1 .·A~ before me personally appeared ;7 'T:) r L...r-~ t:tiM~7 ~ to me known to be~::; of the corpomtion that executed the within instrum~ and acknowledge the said instnnneni 10 be the free and voluntary acl and deed of said corpomtion, for the uses and purposes therein mentioned. and each on oath stat that helshe was authorized to execute said and that aI ~ea1 of said corporation. d for the State of Washington Notary (Print) ....... OK'.dfVk V' cd~.,;";':" My appointment expires: (;, -/ -cJ )~ Dated: 7-;;1,)-0;7 Page 2 • Return Address: City. Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 PI",e pdn! o.type ;nform.Hon WASIDNGTON STATERECORDER'S Cover Sheet (RCW 65 04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) L UE4.A~T:>:O..1 or <:<::,."C,,",""''1$) I<:£sT\(:,," c.: .. r. () I..l S LASC>-"E.>l,S N'iD , ~~EE:-~~-,:r~(~t.J So 111,tb EaH-L.0.11I5 I . Reference Number(s) of Documents assigned or released: Additional reference #'5 on page __ of document Grantor(s) (Last name, first name, initials) LS~i:L IJEVELD~~4. ~ LL~ ,6 w"s~(,;rot0 Ut-'I:i:-r '1';0 2. , L::r.M!,:r:tJ::T'I u,'r'\~" Additional names on page __ of document. 'i /j , Grantee(s) (Last name first. then first name and initials) 1. b iU)O 1'-£ r'lOl:LJ:> , , 2. Additional names on page __ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) W,T~ I 1\-\~1~~ ~3: ~ :Ii::e"-I A, '3=\L"E~:I:~u 1l-;!2:,!G. C'm'N!';I WA. J ) Additional legal is on page ~ of document. Assessor's Property Tax Parcel/Account Number' o Assessor Tax # not yet assigned t01.~(\S:-(::lIo~ -OS' ~ IQ~oS'-'17-'~\. oro j \Q"l.-36S :i:BO -08 j IO"2.30S-~!:IQ~ -!Y1 The AuditorlRecorder will rely on the infonnation provided on the fonn. The staff will not read the document to. verify the accuracy or completeness of the indexing iriformation provided herein. .. I am requestmg an emergency nonstandard recordmg for an addltJonal fee as provided m RCW 36.18.0 I O. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ______________ -,-___ -:-____ .Signature of Requesting Party AFfER RECORDING MAIL TO: City Clerk's Office City of Renton 1055 S. Grady Way Renton, WA 98055 Document TitIe(s): (or transactions contained therein) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS Reference Number(s) of Documents assigned or released: __ Additional numbers on pages _ of document Grantor(s): (Last name first, then name and initials) SBI DEVELOPING, LLC, a Washington Limited Liability Company Grantee(s): (Last name first, then name and initials) BROOKEFIELD _ Additional names on page __ of document Abbreviated Legal Description as follows: (i.e. 10Vblockipiat or sectionltownship/range/quarterl Lots 1 through 47, Tract A, Brookfield, King County, Washington _X_ Complete legal description is on page ~ of document Assessor's Property Tax Parcel/Account Number(s): 102305-910 1-05 102305-9241-06 102305-9330-08 102305-9404-09 • • WHEN RECORDED RETURN TO: Nelson Legal Services. P.S. 102 North Meridian P.O. Box 217 Puyallup. Washington 98371 DECLARA TION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR THE COMMUNITY OF BROOKEFIELD r TABLE OF CONTENTS FOR DECLARA TION OF COVENANTS, CONDITIONS, RESTRICTIONS EASEMENTS AND RESERVATIONS OF 1I1ROOKEFKlElLD SECTION & DESCRIPTION PAGE NUMBER ARTICLE 1 Definitions............................................................................................ 4 ARTICLE 2 Management Rights of Declarant During Development of the Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. 6 ARTICLE 3 Deed and Dedication of Common Areas...................................................... ..... 8 ARTICLE 4 Deed and Dedication of Easements.. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. . .. .. .. .. ... 8 ARTICLES Administration and Use of Common Areas & Common Maintenance Areas..................................................................... 9 ARTICLE 6 Maintenance of Common Areas & Common Maintenance Areas & Delegation of Management. .......................................................................... 11 ARTICLE 7 Assessments .................................. , . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 8 Maintenance <if Lots. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 17 BROOKEFIELD CC&Rs Page 2 Brookelield.Plat.CC&R's.06II04.doc ..... • SECTION & DESCRIPTION PAGE NUMBER ARTICLE 9 Homeowners Association.......................................................................... 18 ARTICLE 10 Management By Board ............................... , ............................................. , 19 ARTICLE II Land Use Restrictions.............................................................................. 22 ARTICLE 12 Building Restrictions ................................................................................. 27 ARTICLE 13 Utilities................................................................................................ 29 ARTICLE 14 Architectural Control ................................................................................. 29 ARTICLE 15 Condemnation....................................................................................... 33 ARTICLE 16 Mortgagees'Protection.............................................................................. 34 ARTICLE 17 General Provisions.................................................................................. 35 EXHIBIT "A" Legal Description of Plat............................................................................ 39 BROOKEFIELD CC&Rs Page 3 13rookefield.PlaLCC&R's.061104.doc DECLARATION OF COVlENANTS, CONDITIONS, RESTRICTIONS, lEASEMENTS AND RESERVATIONS FOR BROOKEFIELD KING COUNTY RlECORDING NO. _______ _ THIS DECLARATION is made on the date hereinafter set forth by SBI Developing, LLC, a Washington Limited Liability Company, ("Declarant"), who is the owner of certain real property situated in the state of Washington, county of King, known as "BROOKEFIELD" which is more particularly legally described on the attached Exhibit "A". In order to insure preservation of the high quality residential environment at BROOKEFIELD, Declarant agrees and covenants that the land described on the attached Exhibit "A", and such improvements as are now existing or hereafter constructed thereon will be held, sold and conveyed subject to and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portions thereof and shall inure to the benefit of each owner thereof and to the benefit of the Brookefield Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE 1 DlEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Brookefield Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section l.l. "Association" shall mean and refer to the Brookfield Homeowners' Association, a Washington non-profit corporation, its successors and assigns. BROOKEFIELD CC&Rs Brookefield.Plal.CC&R '5.0611 04.doc Page 4 Section 1.2. "Member" shall mean every person or entity who holds membership in the Association. Section 1.3. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 10. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the Development Period, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article 2 unless the language or context clearly indicates otherwise. Section 1.4. "Properties" shall mean and refer to the real property described with particularity in Exhibit"A". Section 1.5. "Common Areas" & "Common Maintenance Areas" shall mean and refer to all of the real property (including the improvements thereto) owned, maintained or leased by the Association, or in which the Association has an easement for the common use and enjoyment of the members of the Association, including but not limited to tracts and easements dedicated to the Association on the face of the Plat and/or in this Declaration. Section 1.6. "Tract" shall mean and refer to the following: (a) Tract A to be owned and maintained by the Association for storm detention purposes. Ownership and maintenance (including all private storm drain and detension facilities) of said Tract shall be the responsibility of the Homeowners' Association. In the event that the Homeowners' Association is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in the plat of Brookefield shall assume and have an equal and undivided ownership interest in the tracts previously owned by the Homeowners' Association and have the attendant financial and maintenance responsibliites. Section 1.7. "Lot" shall mean anyone of the 47 lots numbered 1 through 47 of Brookefield. Tracts, Common Areas and Common Maintenance Areas shall not be regarded as Lots; Section 1.8. "Declarant" shall mean and refer to SBI Developing, LLC, a Washington limited liability company. Section 1.9. "Architectural Control Committee", "Committee" or"ACC" shall mean and refer to the committee duly appointed or elected as provided in Article 14 of this Declaration, hereinafter referred to as the "Committee"; Section 1.10. "Development Period" shall mean and refer to that period of time as defined in Article 2 of this Declaration; BROOKEFIELD CC&Rs Page 5 Brookefield.P1at.CC&R's.061104.doc Section 1.11. "Plat" shall mean and refer to the Plat of Brookefield as approved and recorded in King County, Washington as descibed in Exhibit "A"; Section 1.12. "Residence" shall mean and refer to buildings occupying any Lot; Section 1.13. "Owner" or "Lot 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 Property (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation, or the Purchaser under a real estate contract prior to the issuance of the fulfillment deed for the contract; Section 1.14. "Federal Mortgage Agencies" shall mean those federal agencies which may have an interest in the properties, such as the Federal Housing Administration, the Veterans Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the successors to their interests. Section 1.15. "First Mortgagee" shall mean a lender who holds the first mortgage on a lot and who has notified the Association in writing of its holdings. Section 1.16. "Declaration" shall mean the covenants, conditions and restrictions and all other provisions set forth in this Declaration, as they may from time to time be amended. Section 1.17. "Mortgage" shall incude a deed of trust or other security instrument. ARTICLE 2 MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT OF THE PROPERTY Section 2.1. The Property. The real property which is made subject to this Declaration is described on Exhibit "A". Section 2.2. Management by the Declarant. Development Period shall mean that period of time from the date of recording of the Declaration until (a) the date five (5) years from the date of recording this Declaration or (b) the thirtieth (30th) day after the Declarant has transferred title to the purchasers of Lots representing one hundred percent (100%) of the voting power of all Lot Owners as then constituted (so that Declarant no longer is entitled to vote either as a Class A or Class B member of the Association pursuant to Article 9, Section 3) or (C) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article 2 by written notice to all Owners, whichever date first occurs. Notwithstanding anything in this Declaration to the contrary, until termination of the Development Period, either upon the sale of the required number of Lots, the expiration of BROOKEFIELD CC&Rs Brookcfield.PlaI.CC&R's.061104.Joc Page 6 " fi ve (5) years, or at the election of the Declarant, the Property and the Association shall be managed at the sole discretion of the Declarant; Section 2.3. Notice to Owners. Not less than ten (10) nor more than thirty (30) days prior to the termination of the Development Period, the Declarant shall give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five (5) Lots shall constitute a quorum. The Board of Directors and the officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Proper notice shall be deemed to have been sent if said notice is sent in the manner described as proper notification in the Bylaws of the Association; Section 2.4. Appointment of Temporary Board. Declarant may, in Declarant's sole discretion, and at such times as the Declarant deems appropriate (including in the Articles of Incorporation of the Association, if the Declarant is the Incorporator of the Association), appoint three (3) to five (5) persons who may be Lot Owners, or are representatives of corporate entities or other entities which are Lot Owners, as a Temporary Board. This Temporary Board shall be for all purposes, the Board of Directors of the Association, and shall have full authority, after approval is granted by the Declarant, (including the authority to adopt or amend the initial or subsequent Bylaws of the Association) and all rights, responsibilities, privileges and duties to manage the Property under this Declaration and shall be subject to all provisions of this Declaration, the Articles and Bylaws. After selecting a Temporary Board, the Declarant, in the exercise of the Declarant's sole discretion, may at any time terminate the Temporary Board and reassume the Declarant's management authority under Article 2 or select a new Temporary Board under this section of Article 2; Section 2.5. Declarant Authority If No Temporary Board. So long as no Temporary Board is managing the Property or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not limited to, enacting reasonable administrative rules (and a fine and due process system for violations thereof), contracting for required services, obtaining property and liability insurance, collecting and expending all assessments and Association funds, and enforcing this Declaration (including foreclosing any liens provided by this Declaration). Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies BROOKEFIELD CC&Rs Page 7 Brookcfield.PiaI.CC&R's.061 i04.doc collected from assessments. In the event that Association expenses exceed assessments, any monies provided by the Declarant for Association expenses that would otherwise be paid for out of Association assessments shall be considered a loan to be repaid to the Declarant through regular or special assessments from the Association, together with interest at twelve percent (12%) per annum; Section 2.6. Puroose. These requirements and covenants are made to insure that the Property will be adequately administered in the initial stages of development, and to any future additions, and to insure an orderly transition to Association operations. Acceptance of an interest in a Lot evidences acceptance of this management authority in the Declarant; and, Section 2.7. Management Authority of Declarant. Declarant shall have the management authority granted by this Article 2 notwithstanding anything in this Declaration to the contrary. Declarant, as the Incorporator of the Association, may cause the Association to be incorporated, the Temporary Board to be appointed either in the Articles of Incorporation of the Association or by separate written instrument, to terminate the Temporary Board and reassume the Declarant's management authority under this Article 2, reappoint successor Temporary Boards, or take any other action permitted by this Article 2, all without affecting the authority given to the Declarant by this Article 2 to manage the Property and to organize the Association at the Declarant's sole discretion. ARTICLE 3 DEDICATION OF TRACTS Section 3.1. Dedication of Common Areas. Upon recording this Declaration, the Declarant hereby grants, transfers, quit claims and conveys to the Association for the purposes as set forth on the face of the Plat, Tract "A" the storm detention facility, reserving, however, to the Declarant for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the Development Period, at which time this reservation shall cease and then be of no further force and effect. ARTICLE 4 DEED AND DEDICATION OF EASlEMENTS Section 4.1. Conveyance of Easements. Declarant hereby grants, transfers, quit claims and conveys to Association, utility providers and certain benefited lots for the use and enjoyment of the Association and the Owners all easements as shown on the face of the Plat, including drainage easements, and all easements created herein. Private drainage, private access and private utility easements as described in Easement Notes No.2 through 19 are BROOKEFIELD CC&Rs Page 8 Brooke field. Plal.CC&R 's.0611 04.doc • reserved for the benefit of Lots therein described and said benefited lots shall be responsible for the maintenance of said easements and the facilities installed therein. Nonexclusive perpetual easements running with the land are hereby reserved on each Lot over, under and across the utility easements as shown on the face of the Plat. Easements are hereby reserved for and granted to the City of Renton and King County Water District No. 90 and/or their assigns, and to all applicable public utilities as depicted and described on the Plat. Additional utility and other easements may also be recorded if required by governmental authorities having jurisdiction. Within the boundaries of said public utility easement areas no structure, planting of trees or other materials shall be placed or pennitted to remain as per the Plat conditions. The easement areas and all improvements thereon shall be maintained by the Owner of the Lot, except as to utility service improvements located therein, which are the responsibility of the utility entity owning such improvements. Subject to the foregoing, fencing and landscape plantings are permitted within the easement area as per the Plat conditions. Said easements are reserved to and for the benefit of the Association, and may be assigned and transferred by the Association to other appropriate persons or entities as deemed reasonably necessary by the Board in connection with the development of the Plat and the construction of dwelling structures on the Lots. Section 4.2. Reservation of Easement by Declarant. Declarant, SBI Developing, LLC, is hereby granted and hereby reserves unto itself, its heirs, successors and assigns a perpetual non-exclusive easement on all private roads and easements as shown on the face of the Plat retaining the right to grant utility easements to any utility providers. Section 4.3. Confirmation of Access Across Lot 15. Declarant on behalf of itself, its successors and assigns hereby approves access over, under and across Lot 15 to adjoining property to the East so long as permitted by the City of Renton. Declarant for itself, its successors and assigns hereby covenants and agrees to make no objection to the use of Lot 15 for that purpose or for any other pennitted by law including, without limitation, development as a residential building site. ARTICLES ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS Section 5.1. Owner's Easements of Enjoyment. Every Owner shall have a 1I47th right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract purchaser), to every Lot subject to the following provisions: (a) The right of the Declarant or the Association to establish use and operation standards for all Common Areas to be binding upon all Association members along with enforcement standards; BROOKEFIELD CC&Rs Page 9 Brookefield.PJaLCC&R's.061104.doc (b) The right of Declarant (during the Development Period) or the Association (after the Development Period) to suspend an Owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid and for a period, not to exceed sixty (60) days, for any, and each separate, infraction of its published rules and regulations; (c) The right of the Declarant (during the Development Period) or the Association (after the Development Period) to dedicate or transfer all or any part of the Tracts or Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Association, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Tracts or Common Areas pursuant to this Section may be made by the Declarant in the Declarant's sole discretion. After the Development Period, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by the Owners of two- thirds (2/3) of the Lots, has been recorded; (d) Any Owner may delegate their right of enjoyment to the Common Areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section 5.2. Insurance. Nothing shall be done or kept in any Common Areas which will increase the rate of insurance on the Common Areas or other Lots or Improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Areas which will result in the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws or ordinances. Section 5.3. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Board. There shall be no construction of any kind within the Common Areas except that community improvements may be constructed if two- thirds (2/3) of the members of the Association authorize (1 ) the construction of such improvements and (2) assessments for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any Common Areas or Common Maintenance Areas, which the Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general; Section 5.4. Dumping in Common Areas or Common Maintenance Areas. No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste (as defined in federal, state or local law or regulation) shall be dumped, deposited or placed on any Common Areas, Common Maintenance Areas or Easements. The BROOKEFIELD CC&Rs Page 10 Brookefield.P1at.CC&R's.061104.doc Declarant, (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy; Section 5.5. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right-of-way easements, or other easements as delineated on the Plat except as deemed appropriate by the Board. This Section shall not prohibit the Association from installing additional improvements or landscaping within the designated Common Areas or Common Maintenance Areas, nor shall this Section prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this Section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the curb or sidewalk in the public right-of-way as further set forth in Article 11, Section 13 of this Declaration. ARTICLE 6 MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS DELEGATION OF MANAGEMENT Section 6.1. Maintenance of Common Areas. Maintenance of the street lights located within the plat of Brookefield, any other common areas as shown on the Plat, and all improvements thereon, shall be the sole responsibility of the Association and shall include, but not be limited to, maintenance of the Common Areas and Common Maintenance Areas. Notwithstanding anything in this declaration to the contrary, the obligation to maintain and pay for the power used for the street lights within the plat of Brookefield, may not be amended by the Declarant or Association without the written consent of the City of Renton or its' successor in interest. All maintenance of Lots and Residences located on the Property shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interests of all Owners. The Association shall maintain and regulate the use of the Common Areas for the benefit of each Lot within the Plat and shall do all reasonable things necessary to preserve and maintain the Common Areas for the purpose intended. It shall be the responsibility of the Association to maintain anything that is delineated under Article 1, Section 1.5, and any improvements thereon to preserve the value of said Tracts for the use and enjoyment of the Members of the Association in accordance with all restrictions and limitations established for said Tracts through this Declaration, the regulations and ordinances of King County, Washington, and all other applicable statutes and regulations. The Declarant, during the Development Period, and the Board following the Development Period, shall have the exclusive right to establish use and operation standards for said Common Areas to preserve the value and desirability of said Common Areas for the enjoyment of the Members of the Association. Notwithstanding the foregoing, all costs and BROOKEFIELD CC&Rs Page 11 Drookefieid.Plat.CC&R's.061104.doc expenses paid by the Declarant in connection with the maintenance and operation of the Common Areas shall be reimbursed by the Association from the initial general assessments described in Article 7 below; Section 6.2. Association to Maintain. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section 6.3. Repair of Common Areas and Common Maintenance Areas. Any damage to the Common Areas or Common Maintenance Areas or improvements thereon, including landscaping plantings, street lights, berms, etc., by the Owners or their children or guests shall be repaired within one (I) week by the Owners who (or whose children or guests) caused the damages. If the damage cannot reasonably be repaired within one (I) week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of twelve percent (12%) per annum on the payment due, the payment due shall be a personal liability of the Owner and the amount of the payment due shall be a lien on the Owner's Lot; Section 6.4. Landscape Maintenance. It shall be the responsibility of the Association to maintain the landscaping and entry monuments located at the entrance into Brookefield, if any, and any landscaping improvements installed on the Tracts or easement areas owned or administered by the Association. Section 6.5. No Improvements in Easements or Tracts. The Association shall not permit any structures, filling, grading or obstruction to be placed beyond the building setbacks as provided for in this Declaration or within the Tracts which are in violation of any applicable regulation or ordinance of King County. No decks, patios, out buildings, or overhangs shall be permitted beyond the building setback line, except as provided for in this Declaration. Section 6.6. Management. Each Owner expressly covenants that the Declarant, (during the Development Period) and the Board thereafter, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the Common Areas and Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management may be terminable by the Association without cause upon ninety (90) days written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is BROOKEFIELD CC&Rs Page 12 Brookefield.PJat.CC&R's.061104.doc bound to observe the tenns and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner upon request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner. ARTICLE 7 ASSESSMENTS Section 7.1. Obligation of Owners. Each Owner of any Lot, by acceptance of a deed thereof, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (I) annual assessments in such amounts as may be detennined by the Board as necessary to satisfy the estimated common expenses for the common areas and other property of the Association. The amount of the common expenses shall be pro-rated equally among all Lots; (2) special assessments for capital improvements; (3) a one-time initial assessment of $500.00 payable to Declarant, representing each Lot Owner's pro-rata share of reimbursement to the Declarant for such sums advanced by the Declarant for Plat improvements, landscaping, lighting, signage, fencing, etc., plus (4) a sum representing the overhead of Declarant for advancing and/or overseeing and directing the same in amount representing fifteen percent(15%) of such sums actually advanced by the Declarant, plus interest at the rate of twelve percent (12%) per annum accruing thereon from the date advanced until full reimbursement is paid to the Declarant, and (5) any assessments made by the Declarant pursuant to this Declaration. No assessments shall be due and payable by Declarant. If the Owner of any Lot fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the Development Period), the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred in attempting to collect the assessment, shall be a lien on the owner's lot and shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner's successors in ownership of the Lot unless expressly assumed by the successor(s). The Association shall record with the King County Recording Officer an acknowledged affidavit setting forth the facts of the assessment and the delinquency and such recorded affidavit shall constitute lien on the owner's lot until discharged either by payment or foreclosed as provided for in this Declaration; Section 7.2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to (a) promote the recreation, health, safety and welfare of the residents of the Property, and (b) for the improvements and maintenance of the Common Areas and Common Maintenance Areas as provided in Article 6, with the amount based upon the estimated costs as well as reasonable provision for reserves; Section 7.3. Annual Assessments. Until December 31,2003, the annual assessment shall be $200.00 per Lot except those Lots exempted in Section I; up to twenty-five percent BROOKEFIELD CC&Rs Brookefield.Plat.CC&R's,061104.doc Page 13 (25%) of which may be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association (or up to fifty percent (50%) if a professional management firm is hired by Declarant. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularity in the Bylaws of the Association. The balance of the annual assessment shall be used by the Declarant during the Development Period and by the Association thereafter for maintenance, repair and other purposes permitted by this Declaration, with reasonable provision for reserves. The annual assessment may be increased (after December 31, 2004) during the Development Period to reflect the increased (1 ) maintenance costs, (2) repair costs, or (3) Plat management costs. All increases during the Development Period must directly reflect increase in the above recited costs. During the Development Period, the Declarant shall have the authority to reduce the annual assessments if economic data supports such a reduction because of reduced maintenance costs or other anticipated Association expenses. (a) After the Development Period expires, the annual assessment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Section 3(b) of Article 7 of this Declaration. (b) After the Development Period expires, the annual assessment may be increased by more than ten percent (10%) over the previous year's maximum annual assessment only if two-thirds (2/3) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase. (c) After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards. Section 7.4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association (or during the Development Period, the Declarant) may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose for defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not prohibited by this Declaration, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding $5,000.00 shall have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose. This $5,000.00 threshold shall be increased by five percent (5%) each year commencing in January, 2003. Only one such special assessment of any kind may be levied in any fiscal year and only one such assessment may be levied in any five year period for any project that is a continuation of a project for which there has previously been a special assessment. BROOKEFIELD CC&Rs Drookefield.P1al.CC&R's.061104.doc Page 14 Section 7.5. Notice and Ouorum for any Action of the Association. Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking action by the Association as authorized by this Declaration shall be sent to all members not less than fourteen (14) days nor more than sixty (60) days in advance of the meeting, and in such manner as may be specified by the Bylaws of the Association. At the first meeting called, the presence of sixty percent (60%) of the members of the Association or of proxies entitled to cast sixty percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. In the event that a quorum is still not achieved at the second meeting, then the Declarant, during the Development Period, and the Board thereafter, shall have the sole and exclusive authority to initiate a special assessment and carry out the capital improvements more fully described in Section 7 herein without first obtaining the approval of the required number of members of the Association. Section 7.6. Uniform Rate of Assessment. Both the annual and special assessments must be fixed at a uniform rate for all Lots, provided, however, that any Lot owned by the Declarant shall not be subject to any assessments or charges described in this Declaration. Assessments shall be collected on a monthly, bi-monthly, quarterly, annual, or one-time basis as determined by the Declarant during the Development Period or by the Board for periods thereafter. Section 7.7. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence immediately upon the closing of the sale of a home (sale of a Lot is excluded) to the initial purchaser or upon the initial occupation of the home, whichever occurs earlier. The first annual assessment for each Lot owner shall be pro-rated from the day that the sale closed (or the home was occupied) through the first day of the first month after the calendar month in which the Declaration is recorded. After the Development Period expires, the Board of Directors of the Association shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association, or its agent, shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 7.8. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during the Development Period, or the Association thereafter, or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all BROOKEFIELD CC&Rs Page 15 BrookefieJd.PlaI.CC&R's.061104.doc methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section shall be in favor of the Declarant or the Association, as applicable, and each shall have the power to bid in an interest at a foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or in enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided in this Article by non-use of the Common Areas, Common Maintenance Areas or abandonment of his or her Lot. The Association shall have the right to suspend the voting rights and enjoyment of Common Areas of an Owner for any period during which any assessment against the Lot remains unpaid thirty (30) days after it is delinquent and for a period not to exceed sixty (60) days per infraction for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association, or of any official, published rules and regulations of the Association. Section 7.9. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust ("first mortgage"). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, or the first mortgage holder's acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall (a) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (b) shall relieve the delinquent Owner from personal liability for the amount of the payments which became due prior to such sale or transfer and the costs and attorney's fees. Section 7.10. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Property and Lots within the plat of Brookefield owned by the Declarant, and all Common Areas, shall be exempt from any and all assessments provided for in this Declaration. This Section shall apply notwithstanding any other provision to the contrary in this Declaration. Section 7.11. Management by Declarant During the Development Period. Declarant, at its option, shall have and may exercise all of the rights and powers herein given to the Association. Such rights and powers are reserved by the Declarant, its successors and assigns as provided in Article 2. Declarant shall have the right and option to assess Owners for actual costs in maintaining Common Areas, Common Maintenance Areas and rights-of-way and to assess a Plat management fee during the development period. BROOKEFIELD CC&Rs Brookeficld.Plat.CC&R's.061104.doc Page 16 ARTICLES MAINTENANCE OF LOTS Section 8.1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. Each Lot owner whose property contains a perimeter fence installed by the Declarant shaH be responsible for maintenance of any portion of the perimeter fence that runs along their Lot boundary. All landscaping areas, including landscaping extending into the right-of-way, shaH be regularly maintained and trimmed to present a clean, neat and well-maintained appearance. All refuse shall be kept in sanitary containers screened from the view of any Lot; the containers shall regularly be emptied and the contents disposed of off the Property. No grass cuttings, leaves, limbs, branches and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Property, except that a regularly tended compost device shall not be prohibited. Section 8.2. Vehicle Parking and Storage. No Vehicle may be parked on any sidewalk areas or building Lots, except on driveways or parking areas which areas shall be hard-surfaced. Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shaH not exclude parking of up to two (2) automobiles owned or used by the Lot Owner on the driveway areas adjacent to the garages on the Lot. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from the view of adjacent rights-of-way and Lots. Screening of such Vehicles must have the approval of the Committee. Upon 48 hours' notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles, (except automobiles owned or used by the Lot Owners and their invitees and parked on the driveway areas or in the garage on the Lot), still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a Vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section 8.3. Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purposes of going upon the Lots of Owners for the purpose of removing Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. BROOKEFJELD CC&Rs Page 17 Brookdield.Plat.CC&R's.061104.doc Section 8.4. Lot Maintenance by the Association. In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with the maintenance standards of the Brookefield community, including maintenance of landscaping required in the adjacent right-of-way as set forth in Section 11.l3, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies the complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for reasonable expenses, labor and materials furnished, which lien may be enforced in the manner provided by this Declaration for enforcement of liens for assessments. Section 8.5. Enforcement During the Development Period. During the Development Period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant shall appoint the Temporary Board to function as provided herein. ARTIClLE9 HOMEOWNERS' ASSOCIA 'fION Section 9.1. Non-Profit Comoration. The Association shall be a nonprofit corporation under the laws of the state of Washington. The rights and duties of the members and of the Association shall be governed by the provisions of this Declaration, the Articles of Incorporation and Bylaws of the Association and such other Rules and Regulations as the Association may hereafter adopt. Section 9.2. Membership. Every person or entity (including Declarant) who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to, or a real estate contract vendee's interest in, said Lot and then only to the transferee of either the title to the Lot or the vendee's interest in the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles of Incorporation and the Bylaws of the Association. Section 9.3. Voting Rights. The Association shall have two (2) classes of voting membership: Class A: Class A members shall be all Owners, with the exceptions of (i) the Declarant while the Declarant is a Class B member, and (ii) the Owners of Lots described as exempt in the Declaration. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be BROOKEFIELD CC&Rs Brookeficld. Plat. CC&R '5.0611 04.doc Page 18 members. The vote for such Lot shall be exercised as they by majority determine, but in no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divided. When more than one person holds an interest in any Lot, all such persons shall unanimously designate (in writing delivered to the secretary of the Association) one of the persons (owning an interest in the Lot) to vote (in person or by proxy) the vote for such Lot; Class B: Class B member(s) shall be the Declarant (as defined in this Declaration), and shall be entitled to one thousand (1,000) votes for each Lot owned. Any remaining Class B membership shall cease and be converted to Class A membership on January 1, 2006. The voting rights of any Owner may be suspended as provided for either in this Declaration, or in the Articles, or in the Bylaws of the Association. Section 9.4. Meetings. Meetings shall be conducted in accord with the Bylaws of the BROOKEFIELD Homeowners' Association. ARTICLE 10 MANAGEMENT BY BOARD Section 10.1. Expiration of the Development Period. Upon the expiration of the Declarant's management authority under Article 2, all administrative power and authority shall vest in a Board of one (1) to five (5) directors. The Association, by amendment of the Bylaws, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period under Article 2. Section 10.2. Terms. The terms which the Board members will serve are defined in the Bylaws. Section 10.3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Property, and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in a way of explanation but not limitation: (a) Insurance. At such times as the Board deems appropriate, the Board shall cause the Association to purchase and maintain as a common expense such policies of liability and other insurance as the Board deems advisable. The Board shall provide for the Association to continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for a planned unit development project established by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration and the Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot with the BROOKEFIELD CC&Rs Page 19 Brookefield,PlaLCC&R's.Q61104.doc project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and the Government National Mortgage Association. The Board shall obtain as of the date on which the first Lot is transferred from the Declarant to an Owner Occupant, and shall maintain at all subsequent times, a general comprehensive liability insurance policy insuring the Board, the Association and the directors and officers of the Association against any liability to the public or to the Owners and their invitees or tenants incident to the ownership or use of the Common Area or Common Area Improvements. Said insurance shall be in an amount determined by the Board but shall not be less than $1,000,000.00 covering all claims for personal injury or death and/or property damage arising out of a single occurrence; (b) Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of Association affairs, administration of the Common Areas and Common Maintenance Areas, or the enforcement of this Declaration; (c) Maintenance. Pay from Association funds, all costs of maintaining the Common Area' and Common Maintenance Areas; (d) Maintenance of Lots. Subject to the requirements of this Declaration, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Property or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within forty-five (45) days (or such other reasonable period of time that shall be determined by the Board) after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance; (e) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Property or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Property rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expense, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot(s) responsible to the extent their responsibility; (f) Utilities. Pay all utility charges attributable to Common Areas and Common Maintenance Areas; (g) Security. Pay all costs deemed appropriate by the Board to insure adequate security for the Lots and Common Areas and Common Maintenance Areas constituting the residential community created on the Property; BROOKEFIELD CC&Rs Page 20 Brookefield.Plat.CC&R's.061104.doc (h) Right to Contract. Have the exclusive right to contract for goods, services, maintenance and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration; (i) Improvement of Common Areas and Common Maintenance Areas. Improve the Common Areas and Common Maintenance Areas with capital improvements to such Common Areas and Common Maintenance Areas; provided that all capital improvements are subject to the procedures set forth in this Declaration; (j) Right of Entry. Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board, at the Association's expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot). If the repairs or maintenance activities necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot; (k) Promulgation of Rules. Adopt and publish any rules and regulations governing the members and their guests and establish penalties, including fines, for any infraction thereof; (I) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board; (m) Emolovment of Manager. Employ a manager, an independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees; (n) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Common Areas and Common Maintenance Areas; (0) Impose Assessments. Impose annual and special assessments; (p) Bank Account. Open a bank account(s) on behalf of the Association and designate the signatories required; and, BROOKEFIELD CC&Rs Page 21 l3rook.efielu.Plal.CC&R's.061104.doc (q) Exercise of Powers Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board the authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE 11 LAND USE RlESTRiCTIONS Section ILL Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes and not for business purposes, provided, however, that within such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business, AND 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than four (4) children, in addition to those of the Owner's immediate family, are enrolled in either a part or full-time capacity in such day care AND, 5) the Owner(s) of such Lot(s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association, prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insureds AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to Vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within this Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or have an interest in such business operation to the extent permission to operate such a day care business is authorized. No other business or commercial uses are permitted except that nothing in this Declaration shall prohibit business or commercial activities within a residence which are of a nature that are not visible from the exterior of the residence and do not create any BROOKEFIELD CC&Rs Page 22 Drookefield.PlaI.CC&R's,Q61104.doc unreasonable impact on the neighborhood either from traffic, parking, noise, signs, storage of materials, odors or otherwise. Section 11.2 Residential Conditions and Standards. All residential structures shall comply with the following conditions and standards: a. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, provided that a portion of the interior of said garage may be improved and/or finished for residential use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that previously provided access thereto. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residences consisting of a one story residence or a residence consisting of a basement and one story) shall contain at least 1,100 square feet. Multi-level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,300 square feet. Two story residences shall contain at least 1,300 square feet. Split-level residences shall contain at least 1,300 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. b. All front yards landscaping plans shall be submitted to the committee for approval. All front yards shall be landscaped prior to issuance of a Certificate of Occupancy. All lots shall be fully landscaped within one growing season after purchase. Section 11.3. Use of Lot Not To Interfere With Rights of Others. No Lot shall be used in a fashion which unreasonably interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 11.4. No Offensive Activity on Lots. (a) No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights the Declarant gives other Owners to use and enjoy any part of the Property. No activity or condition shall be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, except where specifically provided for said purposes by the Declarant or the Board within the community, if at all, and landscaping which is not properly maintained. The Board (or the Declarant during the Development Period) shall make the final determination of any violations of this section; and, BROOKEFIELD CC&Rs Page 23 Brookefield.Plat.CC&R's.061104.doc (b) Notwithstanding anything in Section 3(a) of this Article II to the contrary, during the Development Period the Declarant may permit trailers ("temporary trailers) or home(s), which may be used by the Declarant and its authorized representatives, to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. Section 11.5. Fences. As used in this Declaration "fencing" shall mean any barrier or wall other than natural living organic vegetation including trees and shrubs. Fences shall be constructed of cedar. The maximum height of any fence located on any lot shall be six (6) feet and all fences shall be set back from the front wall of the house by at least 6-8 feet. Fences, waIls or shrubs are permitted on side and rear property lines, up to the front wall (facade) the residential structure, the distance between the front Lot line and the front wall (fascade) at the garage of the primary Residence, subject to (I) the approval of the Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements recorded elsewhere. In no event shall any fences be allowed between the front Lot line and the front wall (fascade) of the primary Residence. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to be constructed according to the design and material specifications as approved by the Committee prior to construction. Section 11.6. No Mobiles or Trailers. No mobile or "manufactured" homes, trailers, structures of a temporary character, recreationaI vehicles, tent, shack, garage, bam or other outbuildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. Section 11.7. Mining. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts shall be permitted on or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained and the storage complies with all applicable environmental laws, rules and regulations. Section 11.8. Building Setbacks. No structures shall be located closer to the front line or nearer to the side street line than minimum dwelling setback lines required by relevant public zoning ordinances or by this Declaration. For the purpose of this Declaration, eaves, steps, chimneys and open porches shall not be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions BROOKEFIELD CC&Rs Page 24 Brookefield.Phit.CC&R's.06II04.doc of any zoning ordinance, or any specific setbacks as set forth on the recorded Plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section 11.9. Signs. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (I) sign not to exceed three square feet in area may be placed on a Lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by the Declarant. Political yard signs, not more than three (3) square feet in area, of a temporary nature, not to exceed sixty (60) days, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This Section 11.9 (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under Subsection (1) of Article 11 by the Declarant during the Development Period. (1) The Declarant may establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the Lots within Brookefield, the Common Areas, the Common Maintenance Areas or public rights-of-way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will be the established guidelines and standards for signage in Brookefield during the Development Period. (2) During the Development Period, the Declarant shall have the sale and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Brookefield, including the adjacent rights-of-way. Every Owner of a Lot in Brookefield and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. (3) During the development period, any signs not specifically approved by the Declarant found anywhere within Brookefield, the Common Areas, the Common Maintenance Areas, on any lot, (or any other portion of the property identified on the attached Exhibit "A"), or on adjacent rights-of-way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Property or adjacent rights-of-way specifically includes, but is not limited to, the Declarant's right to remove any all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. (4) No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. BROOKEFIELD CC&Rs BrooKefield.Pl:iI.CC&R's.061104.doc Page 25 ,\ (5) The Board may cause any sign placed on the Property or any adjacent rights- of-way, in violation of this Article 11, Section 9, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant (see Section 9(d) of this Article 11). (6) Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Section 9 of Article 11 to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section 11.9. (7) Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed upon any Lot not owned by the Declarant. Section 11.10, Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the Plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. All owners, their invitees and tenants shall comply with all governmental ordinances regarding animals on their lots or in the right-of-way and the Association or any owner may enforce, to the extent permitted by law, those governmental ordinances and regulations by means as set forth in this Declaration. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the Development Period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25,00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorneys' fees, costs and expenses for any action taken to collect such fines in accordance with the provisions of this Declaration. Section 11.11. Driveways, All driveways shall be paved with concrete, unless otherwise approved by the Committee. Section 11.12. Delegation of Use and Responsibilities. Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Brookfield Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the BROOKEFIELD CC&Rs Brookefield.PlliI.CC&R's.061104.doc Page 26 rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner, the Owner's family, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of the damages. Section 11.13. Landscaping Standards. The entire front yard landscaping should be installed prior to occupancy (weather permitting). The entire landscaping, including the remaining portion of the side and rear yard, shall be installed within twelve (12) months of the issuance of a Certificate of Occupancy. Each Lot Owner shall be responsible for installing and maintaining the landscaping within the adjacent right-of-way. If inclement weather conditions prevent the timely installation of said landscaping improvements for either front or back yard, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all of the adjacent street right-of-way along the Lot frontage and side frontage out to the edge of the curb or sidewalk in the street. Each Lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way, except as otherwise provided above. Section 11.14. Tree Height. No tree or other vegetation shall be allowed to grow to a height of more than 25 feet above the adjacent ground unless the Committee determines that increased height would not have a material adverse affect on the view from the other lots. The Association shall specifically have the right to trim offending trees and vegetation at the Owner's expense after reasonable notice. ARTICLE 12 BUILDING RESTRICTIONS Section 12.1. Building Materials. All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of the plat of Brookefield development and whether the material would add to the attractive development of the subdivision. All roofs are to be cedar shake, concrete or masonry tile or dimensional composition with a minimum 20 year warranty. All BROOKEFIELD CC&Rs Page 27 Hrookcfield.PhiI.CC&R's.061104.doc • siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP, Hardi Plank or equivalent, or Till type siding of a color approved by the Committee, provided, however, that T -Ill type siding will not be allowed in the front of any residence. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping within Brookefield. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color of the exterior of any existing home within Brookefield is subject to the same approval process. Section 12.2. Maintenance of Lots During the Construction Period. Each Lot Owner, exclusive of the Declarant, shall have a responsibility to generally maintain the Lot in either a natural forested condition prior to any clearing or in a neat and clean appearance after construction commences for a Residence on said Lot. After clearing of vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot and disposed of off site within twenty (20) days. During construction of each Residence, periodic efforts shall be made by the Owner, or the Owner's construction representatives, to pick up scrap materials and other construction debris and to periodically dispose of said materials. This shall be done at least weekly. Upon completion of the construction on any Lot and prior to the occupancy of the structure, the Lot Owner shall be responsible for keeping the landscaping improvements and the structure itself in a clean and neat appearance. This shall include the responsibility for regular landscape maintenance, watering, trimming, and upkeep to present a finished, manicured appearance of said premises from the adjacent right-of-way. In the event that the Lot Owner, or Owner's construction representative(s), fails to meet the standards set forth in this Section, the Board shall have the right to complete such clean-up activity in accordance with the provisions as set forth in Article 8. Section 12.3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority, and written approval of such permits from the Committee or the Declarant, as well as plan check approval as set forth in this Declaration. Section 12.4. Codes. All construction shall conform to the requirements of applicable Building Rules and Regulations and Uniform Codes (building, mechanical, BROOKEFIELD CC&Rs Brookcfield.PlaI.CC&R's.061104.doc Page 28 plumbing and wiring), in force at the commencement of the construction, including the latest revisions thereof. Section 12.5. The Time of Completion. The exterior of any structures, including painting or other suitable finish and front yard landscaping, shall be completed within nine (9) months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 12.6. Entry for Inspection. Any agent, officer or member of the Board, Committee or (during the development period) the Declarant may, at any reasonable predetermined hour upon twenty-four (24) hour notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 12.7. Contractor. Without the prior approval of the Committee, no home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington. ARTICLE 13 UTILITIES Section l3.1. Wiring. The wiring (other than interior wiring) for buildings of any kind shall be underground. Section 13.2. Antennae. No radio or television antennae, transmitters or parabolic reflectors (except satellite dish antennae having a diameter of 18" or less) shall be permitted unless fully screened from public view or unless approved by the Committee. Any such installations shall not be approved if, in the sole discretion of the Committee, the installation(s) will detract from the appearance of the Lot or Properties. ARTICLE 14 ARCHITECTURAL CONTROL Section 14.1. Architectural Control Committee ("Committee"). So long as the Declarant is either a Class A or Class B voting member of the Association, the Declarant shall act as the Architectural Control Committee ("act as the Committee") (even if the Development Period has ended) unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee, the Declarant shall have all authority and perform all functions given to the Committee by these Declarations and applicable law; all references to "Committee" in this Declaration shall apply to the Declarant while acting as the Committee. BROOKEFIELD CC&Rs Page 29 BrookcfieJd.Plat.CC&R's.061104.doc If the Declarant is still a voting member of the Association but elects not to act as the Committee, then if the Development Period has not ended, Declarant shall appoint a Committee to function as the Committee and after the Development Period, the Board shall appoint the Committee. At such time as the Declarant is no longer a voting member of the Association, the Board shall have the authority to appoint the Committee provided for by this Article 14. The Committee, when appointed, shall consist of not less than three (3) and not more than five (5) members. Section 14.2. Jurisdiction and PU!]lose. The Committee or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appurtenant recreational facilities (e.g., hot tubs, basketball courts, tennis courts, swimming pools and bath houses), or other exterior structures to be placed upon the Properties. No exterior addition, structural alteration, or exterior structures of any kind may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 14.3. Membership. Except as provided in Section 1 of this Article 14, the Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 14.4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The decisions of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 14.5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members shall have no financial liability resulting from Committee actions. Members of the Committee shall be entitled to compensation for reasonable out of pocket expenses incurred in the discharge of their duties as members of the Committee. Section 14.6. Address of the Committee. The address of the Committee shall be at the registered office address of the Association. Section 14.7. Voting. Committee decisions shall be determined by a majority vote of the members of the Committee. BROOKEFIELD CC&Rs Page 30 BrookelieJd.Pilit.CC&R's,061104.doc Section 14.8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grades; (c) The general design; (d) The interior layout; (e) The exterior finish materials and color, including roof materials; and, (f) Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating development proposals. Section 14.9. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these guidelines, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed structure (the "design elements") harmonize with (I ) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Brookefield, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The Committee shall decline to approve any design in which (I ) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature. Committee determinations may be amended by a majority vote of Committee members. Any changes subject to review per the terms set forth herein which are undertaken without submission to the Architectural Control Committee shall be deemed to have been disapproved. The Committee has the authority to stop further work as well as the authority to have prior work undone. Section 14.10. Exclusions. The Declarant shall have the right to waive the plans and specifications review for builders in Brookefield. Any such waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration and all BROOKEFIELD CC&Rs Page 31 Brookefield,Plat.CC&R's.06II04.doc structures and improvements shall meet all standards and restrictions contained in these declarations. Section 14.11. Approval Procedures. Within fourteen (14) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event that no disapproval of such plans and specifications is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the Committee members (and the Declarant) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, or non-action on any plans submitted for review. "Non-action" on the part of the Committee shall not exempt the applicant from any of the provisions of this Declaration or the restrictions articulated herein. By purchasing a Lot in Brookefield, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the Committee. Section 14.12. Compliance with CodeslEnvironmental Laws. (a) In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The Owner shall hold the Committee members (and Declarant) harmless in the event that a structure which the Committee (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the Committee or acting on behalf of the Committee, nor the Declarant acting as the'Committee, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which are approved by the Committee or Declarant nor shall any member of the Committee or any person acting on behalf of the Committee or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee, or by the Declarant. (b) Neither the Declarant, the Committee, nor any member of the Committee, nor the Association, nor anyone acting on behalf of the Committee or the Association shall have any responsibility for compliance by the Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil tanks. Section 14.13. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1 ) overcome BROOKEFIELD CC&Rs Page 32 Brookefield.P1at.CC&R's.06II04.doc practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (I ) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 14.14. Enforcement. The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring a suit for judicial enforcement of a determination of the Committee, or, after the Development Period, to seek an order requiring the Committee to exercise its authority, and perform its functions, under this Article 14. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article 15, Section 5). Section 14.15. CommitteelDeclarant Liability. The Association shall hold the Committee Members and the Declarant, if acting as the Committee, harmless from any actions taken (or actions not taken) under any provision of this Declaration, including, but not limited to, actions taken (or not taken) under Articles II, 12, and 13 of this Declaration. By purchasing a Lot in Brookefield, the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of the Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the Committee under this Declaration. "Non-action" on the part of the Committee or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Decl arati on. ARTICLE 15 CONDEMNATION Section 15.1. Partial Condemnation of Common Areas. In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be distributed to the Association; Section 15.2. Entire Condemnation of Common Areas. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. BROOKEFIELD CC&Rs Page 33 Brookeficld.Plat.CC&R's.061104.doc No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party in derogation of the rights of the first mortgagee of any Lot. AR1'ICLE 16 MORTGAGEES' PROTECTION Section 16.1. Mortagee Definitions. As used in this Declaration: (l) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (2) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (3) "institutional holder" means a mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency; Section 16.2. Prior Approval Of Mortgagee Before Action. The prior written approval of at least Seventy-Five Percent (75%) of the first mortgagees (based on one vote for each first Mortgage owned) of the individual Lot shall be required for any of the following: (a) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Owners Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the project, change the pro-rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards. (b) The effectuation of any decision by the Owner's Association to terminate professional management and assume self-management (however, this shall not be deemed or construed to require professional management). (c) Partitioning or subdividing any Lot. (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. Section 16.3. Further Rights of Mortgagees. Each first mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours. (b) Require the preparation of at its expense, (if preparation is required), and receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year. BROOKEFIELD CC&Rs Page 34 Brookefield.PlilI.CC&R's.06II04.doc (c) Receive written notice of all meetings of the Owners Association and be permitted to designate a representative to attend all such meetings. Section 16.4. Miscellaneous Rights of Mortgagee. First mortgagees of any Lot may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Areas, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE 17 GENERAL PROVISIONS Section 17.1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend, or remove the covenants in whole or in part. Section 17.2. Amendment. This Declaration may be amended during the development period if (a) the Declarant gives the Declarant's express written approval of the amendment in writing, and (b) the Owners of at least fifty-one percent (51 %) of the Lots (one vote per lot), including those owned by the Declarant, sign an instrument (which may be executed in counterparts) approving the amendment. This Declaration may be amended after the development period ends at any time if the Owners of at least seventy-five percent (75%) of the Lots vote (one vote per lot) to amend particular provisions of this instrument as then in effect (including any prior amendments). In no event shall any provisions expressly referring to the Declarant be amended at any time without he express written approval of the Declarant or the Declarant's successor in interest (unless the Declarant, or the Declarant's successor in interest, no longer exists). All amendments must be recorded with the office of the King County Recording Officer. Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time during the development period, amend this Declaration by an instrument signed by Declarant alone in order to satisfy the requirements of the Federal Mortgage Agencies and/or other financial institutions. Section 17.3. Certain Rights of Declarant. During the development period, there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association unless aproved by the Declarant which: (a) Discriminate or tend to discriminate against the Declarant's rights as an Owner; BROOKEFIELD CC&Rs Page 35 Brook.efield.Plat.CC&R's.061104.doc (b) Change Article 1 ("Definitions") in a manner which alters Declarant's rights or status. (c) Alter the character and rights of memebership or the rights of the Declarant under this Declaration. (d) Alter previously recorded or written agreements with public or quasi-public agencies regarding easements and rights-of-way. (e) Alter Declarant's rights relating to architectural controls. (f) Alter the basis for assessments. (g) Alter the provisions of the use restrictions as set forth in this Declaration. (h) Alter the number or selection of Directors as established in the Bylaws. (i) Alter the Declarant's rights as they appear under this Article. Section 17.4. Insurance. The Association shall have no obligation to obtain any insurance on the Lots or the structures located on the Lots except as expressly provided herein. Section 17.5. Enforcement. The Association (including the Declarant on behalf of the Association), the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 17.6. Failure to Enforce. No delay or omission on the part of the Declarant, the Association, or the Owners of Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver of or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. Section 17.7. Attorney's Fees. In the event that it is necessary to seek the services of any attorney in order to enforce any (1 ) provisions of this Declaration, or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be personally obligated to pay any attorney's fees, costs or expenses incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's Lot. BROOKEFIELD CC&Rs Brookefield.PlaI.CC&R's.06II04.doc Page 36 In any legal action commenced in order to enforce the provisions of this Declaration, the substantially prevailing party shall be entitled to recover all expense, costs and reasonable attorneys' fees including expert witness fees incurred in order to enforce the provisions of this Declaration. SectIon 17.8. Liens for Other Charges. This Section shall apply to all fees, charges, penalties, interest, costs, attorney's fees and other amounts assessed against an Owner or the Owner's Lot (the "other charges") including those described in Sections 3 and 4 of Article 7 of this Declaration (the "regular assessments" and "special assessments"). Unless otherwise provided in this Declaration, the other charges shall be a personal obligation of the Owner, and also a lien against the Owner's Lot(s) identical to the lien of the regular assessments. The liens upon Lots for other charges may be recorded, collected and foreclosed in the same manner as liens for regular assessments, with the costs (including reasonable attorneys' fees) of collection or foreclosure, or both, to be additional "other charges" for which the Owner shall be personaliy liable and which shall be a lien on the Owner's Lot enforceable as provided in this Section. Section 17.9. Interest. All assessments, penalties, liens, fines, and other charges shall bear interest, if not paid when due, at the rate of twelve percent (12%) per annum until paid in full. The interest shall accrue from the due date. Section 17.10. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 17.11. Severability. The invalidity of anyone or more phases, clauses, sentences, paragraphs or sections herein shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration to be executed this 24f1d of W6.UST , 2004. "DECLARANT" SBIDEVELOP~~~~~~ -=s;: B~Z~\~~-~~~_ 00 A, Managing Member BROOKEFIELD CC&Rs Page 37 Brookefield.PlaI.CC&R's,061104.doc STATE OF WASHINGTON ) ) ss. County of Pierce ) On this day personally appeared before me GARY RACCA, to me known to be the Managing Member of SBI DEVELOPING, LLC, the Limited Liability Company which executed the foregoing instrument, and acknowledged said instrument to be the Limited Liability Company's free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the Limited Liability Company. GIVEN under my hand and official se BROOKEFIELD CC&Rs Brookefield.P1aI.CC&R's.06II04.doc Notary Publ 1n residing at My Commissio , . LO' ,2004. State of Washington &-/-05- Page 38 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: The North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meidian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. By Deed recorded under Recording Number 3261892; and EXCEPT the South 160 feet of the West 330 feet. PARCEL B: The South 80 feet of the West 330 feet of the North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. PARCEL C: The North 80 feet of the South 160 feet of the West 330 feet of the North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. By Deed recorded under Recording Number 3261892. PARCEL D: The North half of the South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the WiIlamette Meridian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. By Deed recorded under Recording Number 3261892. Also described as: Lots 1 through 47 and Tract A, of Brookefield, as recorded under King County Recorder's File No. .;2c 0 "y 0 ? c),/ Ob..:21 77 BROOKEFIELD CC&Rs Page 39 Brookefield.Plllt.CC&R's.061104.doc BY-LAWS OF BROOKEFIELD HOMEOWNERS' ASSOCIATION A W ASIDNGTON NON-PROFIT CORPORATION ARTICLE I 1.1 Registered Office -Location. The location post office address of the registered office of the corporation shall be: 12815 Canyon Road, Puyallup, Washington 98375. ARTICLE II 2.1 Annual Meeting. The annual meeting of the members of the corporation for the election of directors to succeed those whose terms expire, and for the transaction of such other business as may properly come before the meeting, shall be held each year at the registered office of the corporation, on the date and at the time hereinafter specified, if not a legal holiday, and if a legal holiday, then on the next day at the same time of the day. The day and time for said annual meeting shall be: The first Tuesday after the second Monday of each September at 4:00 p.m. 2.2 Special Meetings. Special meetings of the members for any purpose or purposes may be called at any time by the Board of directors to be held at such time and place as the said Board of Directors may prescribe. At any time, upon the request of any director, or of members holding in the aggregate one-third (1/3) of the voting power of all members, it shall be the duty of the President to call a special meeting of the members to be held at such time as said President may fix, not less than fourteen (14) nor more than thirty-five (35) days after the receipt of said request, and if the President shall neglect or refuse to issue such call, the director or members making the request may do so. 2.3 Notice of Meetings. No notice of the annual membership meeting shall be required. Persons authorized to call special meetings shall cause written notice of the time, place, and purpose of the meetings to be given all members of record entitled to vote at such meeting, at least fourteen (14) days but not more than sixty (60) days prior to the day named for the meeting. Any notice may be delivered either personally or by United States Mail, First Class, postage prepaid. Delivery by mail shall be deemed made twenty-four (24) hours after having been deposited in the United S:aies mail. For purposes of notice to members under this provision of the By-Laws, the Pierce County Property Tax Records may be relied upon as conclusive evidence of the name and address of the members of the corporation unless a member has specifically notified the corporation in writing of a name and address for the true owner of a lot other than as shown on the assessor's tax rolls. 2.4 Adjourned Meetings. An adjournment or adjournments of any membership meeting may be taken to such time and place as those present may determine without new notice being given, whether by reason of the failure of a quorum to attend or otherwise; but any meeting at which directors are to be elected shall be adjourned only from day to day until such directors are elected, and in the case of any meeting which is adjourned because of the failure of a quorum to attend, those who attend the second of such adjourned meeting, although less than a quorum, shall nevertheless constitute a quorum for the purposes of electing directors. 2.5 Ouorum. A quorum at any meeting of the members of the Association, whether it be a regular annual meeting or a special meeting, thirty-five percent (35%) of the total eligible votes. ARTICLE III BOARD OF DIRECTORS 3.1 Number and Oualifications. The business affairs and property of the corporation shall be managed by a board composed of not less than one (1) and not more than five (5) directors, the initial board to be composed of one director and to be changed from time to time as may be deemed necessary by the said board itself, or by the members in meeting assembled, to best meet the needs of the corporation. The directors so elected need not be members in the corporation. 3.2 Election -Term of Office. Except as set forth in the Declaration recorded under King County Recording No. , the directors shall be elected by the members at each annual membership meeting, to hold office until the next annual membership meeting and until their respective successors shall be elected and qualified. In the event of the failure to hold an election of directors at any annual membership meeting, or in the event of failure to hold any annual membership meeting as provided by these By-Laws, election of directors may be held at a special meeting of the members called for that purpose. 3.3 Vacancies. Except as otherwise provided by law, vacancies in the Board of Directors, whether caused by resignation, death, or otherwise, may be filled by a majority of the remaining directors attending any meeting of the Board of Directors (even though less than a quorum is present) if notice shall have been given to all the remaining directors that such vacancy would be filled at the meeting. A director thus elected to fill any vacancy shall hold office for the unexpired term of his predecessors, and until his successor is elected and qualified. A decision by the directors to increase the membership of the Board as above provided in Section I of the Article shall be implemented in this same manner as if there were a vacancy on the board. 3.4 Annual Meeting. The first meeting of each newly elected Board of Directors shall be known as the annual meeting thereof, and shall be held immediately after the annual membership meeting or any special membership meeting at which a Board of Directors is elected. Said meeting shall be held at the same place as such membership meeting unless some other place shall be specified by resolution of the members. 3.5 Regular Meetings. Regular meetings of the Board of Directors shall be held at such place and on such day and hour as shall from time to time be fixed by the board. 3.6 Special Meetings. Special Meetings of the Board of Directors may be held at any place at any time whenever called by the President, Vice President, Secretary or Treasurer, or any two or more directors. 3.7 Notice of Meetings. No notice of the annual meeting of the Board of Directors shall be required. Notice of the time and place of all meetings of the Board of Directors other than the annual meetings shall be given by the Secretary, or by the person calling the meeting, by mail, radio, facsimile, or by personal communication over the telephone or otherwise, at least three (3) days prior to the day upon which the meeting is to be held; PROVIDED, that no notice of any regular meeting need be given, if the time and place thereof shall have been fixed by resolution of the Board of Directors and a copy of such resolution of the Board of Directors mailed to every director at least three (3) days before the first meeting held in pursuance thereof. Notice of any meeting of the Board of Directors need not be given to any director if he is present at such meeting or if it be waived by him in writing or by facsimile, whether before or after such meeting is held, and any meeting of the Board shall be a legal meeting without any notice thereof having been given, if all of the directors are either present thereat or waive notice thereof. 3.8 Ouorum. A majority of the whole Board of Directors shall constitute a quorum of the Board of Directors at any regular or special meeting thereof and a majority of a quorum may take any action authorized by these By-Laws, except amendment of the By- Laws or Articles of Incorporation which shall be approved as provided in Article IX. ARTICLE IV OFFICERS 4.1 Officers enumerated -Election. The officers of the corporation shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors at the annual meeting thereof, to hold office for the term of one (1) year and until their successors are elected. Any of the above named offices, except President, may be combined and held by a single person. Any additional officers that are deemed necessary to the efficient operation of the corporation may be designated as Vice-President. 4.2 Oualifications. None of the officers of the corporation except the President need necessarily be a director. 4.3 President. The President must be a director of the corporation. He shall exercise the usual executive powers pertaining to the office of President. He shall preside at meetings of the Board of Directors and of the members and perform such other duties as the Board of Directors may from time to time designate. 4.4 Vice-President. In the absence or disability of the President, the Vice-President may act as President and shall perform such other duties as the directors may from time to time designate. 4.5 Secretary. It shall be the duty of the Secretary to record the proceedings of the directors and members; when requested by the President to do so, to sign and execute with the President all deeds, bonds, contracts and other obligations or instruments in the name of the Association; to keep the corporate seal and affix the same to certificates and other documents; and to perform such other duties as the Board of Directors may from time to time designate. 4.6 Treasurer. The Treasurer shall have the care and custody, and be responsible for, all funds and securities of the corporation, and shall cause to be kept regular books of account. He shall cause to be deposited all funds and other valuable effects in the name of the corporation in such depositories as may be designated by the Board of Directors. In general, he shall perform all of the duties incident to the office of Treasurer, and such other duties as from time to time may be assigned to him by the Board of Directors. 4.7 Vacancies. Vacancies in any office arising from any cause, including the increasing of the number of the Board of Directors, may be filled by the Board of Directors at any regular or special meeting. 4.8 Other Officers and Agents. The Board of Directors may appoint such other officers and agents as it shall deem necessary or expedient, who shall hold their office for such terms, and shall exercise such powers and perform such duties, as shall be determined from time to time by the Board. 4.9 Salaries. Although officers and directors of the corporation. may be reimbursed for their actual expenses incurred in the performance of their duties, they shall serve without compensation for any service they may render to the Association. ARTICLE V MEMBERSHIP 5.1 Membership in the Association. Membership in the Association is appurtenant to ownership of a lot in Brookefield, as recorded under King County Recording No. ________ ,--___ . Membership may not be transferred except by the transfer, conveyance or sale of any such Lot and further membership, must be transferred appurtenant to any such Lot transferred, conveyed or sold. No certificate of membership shall be issued. ARTICLE VI BOOKS AND RECORDS 6.1 Records of Corporate Meetings. The Corporation shall keep at its registered office complete records of all the proceedings of the Board of Directors and of Membership meetings. 6.2 Copies of Resolutions. Any person dealing with the corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors of members, when certified by the President or Secretary. ~~ ~ ~-------------------------------------------- 6.3 Books of Account. The corporation shall keep appropriate and complete books of account. year. ARTICLE VII FISCAL YEAR 7.1 Fiscal Year. The Fiscal Year of the corporation shall end December 31st each ARTICLE VIII INDEMNIFICATION 8.1 Indemnification of Directors and Officers. Each Director or Officer now or hereafter serving the corporation, and each person who at the request of or on behalf of the corporation is now serving or hereafter serves as a Director or Officer of any other related corporation, and the respective heirs, executors, and administrators of each of them, shall be indemnified by the corporation against all costs, expenses, judgments and liabilities, including attorney's fees reasonably incurred by or imposed upon him in connection with or resulting from any action, suit, or proceeding (civil or criminal) in which he is or may be made a party by reason of his being or having been such Director or Officer or by reason of any action alleged to have been taken or omitted by him as such Director or Officer, whether or not he is a Director of Officer at the time of incurring such costs, expenses, judgments and liabilities, except in relation to matters as to which he shall be finally adjudged, without right of further appeal in such action, suit or proceeding, to have been liable for willful misconduct in the performance of his duty as such Director or Officer. ARTICLE IX AMENDMENT OF BY-LAWS 9.1 By the Members. These By-Laws and the Articles of Incorporation of the Association may be amended, modified or repealed at any annual meeting of the Board without notice in advance or at any special meeting of the Board if notice of the proposed alteration or amendment is contained in the notice of the meeting. ARTICLE X RULES 10.1 Rules of Order. The rules contained in the most recent edition of Robert's Rules of Order (Revised) shall govern all meetings of members and directors where those rules are not inconsistent with the Articles of Incorporation, these By-Laws, or special rules of order of the Association. ARTICLE XI MANAGEMENT PROPERTY AND ASSESSMENTS 11.1 The Board of Directors shall be empowered to establish reasonable rules and regulations for the use and management of the property of the Association. The Board of Directors shall have the power to determine such reasonable assessments necessary for carrying out the purposes of the Association and may exercise on behalf of the Association the power thereto granted with respect to dues, assessments or other charges and the assessment of liens all as provided under the Declaration recorded under King County Recording No. . The Board of Directors shall be responsible to see that property liability insurance protecting the Association and its members as may be reasonably available is procured and maintained with respect to the property and activities of the Association. The foregoing By-Laws were adopted by consent of the members as the By-Laws of the Association this day of , 2004. ATTEST: August 16. 2004 RESOLUTIONS AND ORDINANCES Resolution #3709 Vacation: Alley. NE 30th St & Kennewick PI NE. Renton School District. V AC-04-003 Resolution #3710 Plat: Brookefield. Hoquiam Ave NE & NE 10th PI, FP-04- 058--NEW BUSINESS Police: Drug Dealing and Value Village Code Non- Compliance. 1200 Block of N 2nd St, Brown ADJOURNMENT Recorder: Michele Neumann August 16. 2004 Renton City Council Minutes Page 276 The following resolutions were presented for reading and adoption: A resolution was read setting a public hearing date on 9/20/2004 to vacate the unimproved alley located south of NE 30th St.. west of Kennewick PI. NE. and north of the abandoned Pacific Coast Railroad right-of-way. (Petitioner: Renton School District; VAC-04-003.) MOVED BY BRIERE. SECONDED BY LAW. COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read approving the Brookefield Final Plat consisting of approximately 7.16 acres located in the vicinity of Hoquiam Ave. NE and NE 10th PI. (FP-04-058). MOVED BY BRIERE. SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. n response to Council President Persson's inquiry. Police Chief Anderson confirmed that he had sent a response to Sue Brown and the other parties in regards to the informal petition they submitted concerning drug dealing in the vicinity ofN. 2nd St. and Value Village City Code non-compliance issues. MOVED BY NELSON. SECONDED BY CORMAN. COUNCIL ADJOURN. CARRIED. Time: 8: 17 p.m. ~·".W~ Bonnie 1. Walton, CMC, City Clerk • August 16, 2004 AJLS: Mayor City Vehicle Benefit Modification CAG: 04-101, Maplewood Golf Course 8th Green and Hillside Drainage, Buchanan Vacation: Alley, NE 30th St & Kennewick PI NE, Renton School District, V AC-04-003 CAG: 02-177, Fire Station #12 Construction, E Kent Halvorson Plat: Brookefield, Hoquiam Ave NE & NE 10th PI, FP-04- 058 - Planning: .owner-Occupied Housing Incentive Extension and Modification Airport: Apron C Utilities Project, 2004 CIP Amend, 2004 Budget Amend Added CORRESPONDENCE Citizen Comment: DeMastus - Speed Hump Installation at Highlands Elementary School Renton City Council Minutes Page 275 Administrative, Judicial and Legal Services Department recommended approval of the modification to the Mayor's city vehicle benefit to a monthly vehicle allowance of $400. Annual savings to the City is $4,899.96. Refer to Finance Committee. City Clerk reported bid opening on 8/09/2004 for CAG-04-10 I, Maplewood Golf Course Reconstruction of 8th Green and Hillside Drainage; two bids; engineer's estimate $110,000 -$120,000; and submitted staff recommendation to award the contract to the low bidder, Buchanan General Contracting Company, in the amount of $154,333. Council concur. City Clerk submitted petition for street vacation for portion of unimproved alley located south of NE 30th St. and west of Kennewick PI. NE; petitioner Rick Stracke, representing Renton School District, 1220 N. 4th St., Renton, 98055 (VAC-04-003). Refer to PlanninglBuildinglPublic Works Administrator; set public hearing on 9/2012004. (See page 276 for resolution setting pUblic hearing.) Community Services Department submitted CAG-02-177, Fire Station #12 Construction; and requested approval of the project, authorization for final pay application, commencement of 60-day lien period, and release of retained amount of $166,912.92 to E. Kent Halvorson, Inc., contractor, if all required releases are obtained. Refer to Finance Committee. Development Services Division recommended approval, with conditions, of the Brookfield Final Plat; 47 single-family lots on 7.16 acres located at Hoquiam Ave. NE and NE 10th PI. (FP-04-058). Council concur. (See page 276 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended approval to extend to 10/0112007 and modify the eligibility criteria for the Owner-Occupied Housing Incentives, which help encourage owner-occupied housing in the Center Downtown and the Residential Multi- Family Urban zoning areas downtown. Refer to Planning & Development Committee. Transportation Systems Division requested authorization to: amend the 2004 Capital Improvement Program in the amount of $420,968 for the Airport Apron C Utilities Project; and appropriate and adjust the 2004 Budget for the Airport 402 account to $740,605 from the Airport Reserve Fund. Refer to Transportation (Aviation) Committee. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. At the request of Councilman Clawson, a letter was read from Sandel DeMastus, Highlands Community Association (HCA) Board President, PO Box 2041, Renton, 98059, requesting the placement of 25-miles-per-hour speed humps at NE 7th St. and Harrington Ave. NE, to protect the safety of students attending Highlands Elementary School. She noted the City of Bellevue's success with mitigating community traffic problems by using road humps and other traffic calming options. Ms. DeMastus additionally asked that the City take measures to shift community traffic safety to the top of its priority list. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE TRANSPORT A TION (A VIA TION) COMMITTEE. CARRIED. cn , OF RENTON COUNCIL AGENDA I:HLL I AI#: Submitting Data: Planning/Building/Public Works For Agenda of: August 16, 2004 DeptlDiv/Board .. Development Services Division Staff Contact. .. , .. Arneta Henninger X7298 Agenda Status Consent. ............. X Subject: Public Hearing .. BROOKEFIELD FINAL PLAT Correspondence .. File NO.: LUA 04-058FP (preliminary Plat LUA 03-Ordinance ............. 003) Resolution ............ X Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Aug. 6, 2004 Information ......... Recommended Action: Approvals: Council concur Legal Dept. ....... .x Finance Dept.. ... . Other. ............. . Fiscal Impact: N/A Expenditure Required ... Transfer/Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 7.16 acres into 47 single family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the 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 Brookefield Final Plat, LUA 04-058FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I:\Templates\AGNBHPlI.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BROOKEFIELD; FILE NO. LUA-04-058FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanninglBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanninglBuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting ofthe subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHlNGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the PlanninglBuildinglPublic 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 RESOLUTION NO. __ _ (The property, consisting of approximately 7.16 acres, is located in the vicinity of Hoquiam Avenue NE and NE 10'h PI.) 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 PlanninglBuildinglPublic Works Department dated August 6, 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-Wbeeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.I062:8/10/04:ma 2 • CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description Parcel A: EXHIBIT A Core Project No: 02055A 3/3/04 The north half of the southeast quarter of the northwest quarter of the northeast quarter of Sectio n 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording Nwnber 3261892; and except the south 160 feet of the west 330 feet. Parcel B: The south 80 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Nwnber 3261892. Parcel C: The north 80 feet of the south 160 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel D: The north half of the south half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 east of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Nwnber 3261892. I:12002102055A ILegaII02055ALO I .doc @ 5 roiE ~DESJGN BROOKERELO VICINITY MAP NOT }7) SCAlE 4 V \f.~..,. ~ !II I 9 i 16 '011 NE 191h Nff«>, #10' ... 11 .... , W';fNnvI<>rr <)$'007 "':;5'65.7877 rl1."".s.,'fJS.l~3 RENTON 15 ENG/NfH,NO· PlANNING· SUrVEYING ..DOB NO_ 020SSA 2 11 14 DEVELOPMENT SERVICES DIVISION BUILDINGIPLANNINGIPUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: SBI Developing, LLC Brookefield Final Plat (Preliminary Plat LUA 03-003PP) File: LUA 04-058FP Hoquiam Ave NE and NE I Oth PI Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 47 single family residential lots with 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: I. The applicant, SBI Developing, LLC, filed a request for approval of a 47 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on February 11,2003, 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 Hoquiam Ave NE, NE 10th PI, Ilwaco PI NE and NE 11th St. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 7.16 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on August 4,2003. 8. The property is located within the R-8 zoning designation (single family - 8 dwelling units/acre). 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 ERe: 1. The applicant shall install a silt fence along the down slope 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 of the 1998 King County Surface Water Design Manual. This condition will be required during the construction of both off-site and on-site improvements as well as building constructioll. Silt fencing bas been installed in conformance witb tbe specifications presented in tbe 1998 King County Surface Water Design Manual. 2. 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 ditchfrom erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the 1998 King County Surface Water Drainage Manual. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. Tbis measure bas been met by action taken by tbe developer and tbe completion of construction of tbe approved engineering plans. 3. 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. Tbis measure is being met by action taken by tbe developer. 4. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. Tbis measure is being met by tbe project soils engineer. 5. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Tbis measure will be met by action of tbe developer prior to recording of tbe plat. 6. This project shall be subject to the 1998 King County Surface Water Design Manual. The approved engineering plans bave been prepared according to the 1998 King County Surface Water Design Manual. 7. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family residential lot prior to the recording of the final plat. Tbese fees sball be paid lot prior to tbe recording of tbe final plat. 8. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. Tbese fees sball be paid lot prior to the recording of tbe final plat. 2 BROOKEFIELDFP.DOCI , 9. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530. 76 per each new single family home prior to the recording of the final plat These fees shall be paid lot prior to the recording of the final plat. II. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall obtain demolition permits and complete all necessary inspections and approvals for all existing structures not located on what would become new Lot 30. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. A demolition permit has been issued by tbe City and an existing shed was removed from the site and approved by the City. 2. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all private drives. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Documents forming the Homeowner's Association have been submitted to the City for review and approval along with the Final Plat application. These documents will be recorded concurrently with the Final Plat 3. The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42-foot wide internal public street, prior to final plat approval. Road signs have been installed and approved by the City. 4. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to final plat approval. All drainage facility maintenance agreements and easements have been submitted to the City for review along with the application for the Final Plat. 5. The applicant shall comply with the conditions imposed by the ERe. This condition will be met through action taken by the developer and the completion of the site improvements according to the approved construction plans. 6. The applicant shall use a tight line system to convey storm water to Honey Creek and shall provide the necessary legal documents permitting a tight line system to cross property between the subject site and Honey Creek and to convey storm water across that or those intervening third-party properties. This condition has been met by action taken by the developer and the completion of the site improvements according to the approved construction plans. The Final Plat generally appears to satisfY the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. 3 BROOKEFIELDFP.DOCI RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: I) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITfED TIDS 6TH DAY OF AUGUST, 2004 4 BROOKEFIELDFP.DDCI !l~~ DEVELOPMENT SERVICES DIVISION ffi 405 5 BROO/(EFIELO V!CINITYMAP NOT Tf)SCAlE 4 ~~V ~. ~'" iiii! . !II .~ ·9 •• ~ 16 'QrfN£1%~;"IO' kIlIl'w. w .. ~ MOOT 4:15.S85.7877 ".,"475.185.790.' RCNTON 15 fNGINfflllNG . Pl-ANN/NO' SURVEYING JOB NO. 02055A 2 11 14 CORE DESIGN, INC. BELLEVUE WA 98007 Legal Description Parcel A: EXHIBIT A Core Project No: 02055A 3/3/04 The north half of the southeast quarter of the northwest quarter of the northeast quarter of Sectio n 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Schewe Road Extn. by deed recorded under Recording Number 3261892; and except the south 160 feet of the west 330 feet. Parcel B: The south 80 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East ofthe Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel c: The north 80 feet of the south 160 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel D: The north half of the south half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 east of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. I:12002102055A lLegal102055ALO I.doc • BROOKEFIELD LUA -XX-IXXF'P LND-IO-0377 A PORTION Of rHE NW 1/4 or THE NE 1/4. SEC. 10, TWP. 23 N., RGE. 5 [., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON "I IQIH;> l(l-RUIIJ. 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If') fl1N1 " COUIEI: -..0' _IH 'trC\:A'OtI'lO!*<15 .= .l.--'1"£-'! 2"· 1 IIOI<\III[NINOI I~6!i\l'~ 111120 -'Ri"ii-1011 ~~:: ~ ~~ ~ // f'1;1!OU."" ..... ,og~"" ~V :: S :; , .. ,·w .~re 5 ~ C$ l!il. ~ ~~In ~ • I.' , ~\ ~6"1c!'. 1.ln56,.. , ~ ~ .,.,.,.?,.~.~// . <.J ~·I'J "'-01-"/'"::; 'i\! =1 ~ W ~ = .f~ \1!~':-/'" 5 §~ 5 . .- " . ~ "" 01l lIMW~t"" ---'--1 11 . ~~~ j_ FWl)t'u..o , " 11Cl ,M .. aw:II(l[ ~F . -.-1 HOI ~ _"oa._.u .. ~ ~~= K ~ '1$1t~\ . P(f11(J.11G.1 11CkOO1"HOl SUBDMSION .12.~:: DIAGIWf ~ fr W 15 ~RII.NO.I H.T.S, & d ...• ~ -....... ~ RENTON '(.::;:;;;y " " .. cORE ~.I 1001INL?I\W01'ls.-IOI '. "'" h ..-..-w~ 98007 ... ~"--;:-=J ~DESIGN 41' I~ ~ 425.8".7963 EB VICINnrMAP fNGINEftlNG ' PLANNING SUKYEYING / ·..tU:!z JOB NO. 02:055A : . CITY OF RENTON COUNCIL AGENDA BILL I AU: Submitting Data: Planning/Building/Public Works Development Services Division Arneta Henninger X7298 For Agenda of: August 16, 2004 Dept/Div/Board .. Staff Contact ..... . Agenda Status f-::.-:-:--------------------j Consent. ............. X Subject: Public Hearing .. BROOKEFIELD FINAL PLAT Correspondence .. File NO.: LUA 04-058FP (preliminary Plat LUA 03-Ordinance ............ . 003) Resolution ............ X f----------------------l Old Business ...... .. Exhibits: New Business ...... . 1. Resolution and legal description Study Sessions .... .. 2. Staff report and Recommendation Aug. 6, 2004 Information ........ . Recommended Action: Council concur witb staff recommendation and adopt tbe resolution. Fiscal Impact: N/ A Expenditure Required ... Amount Budgeted ...... . Total Project Budget SUMMARY OF ACTION: Approvals: Legal Dept. ........ X Finance Dept.. .. .. Otber .............. . Transfer/Amendment. ..... . Revenue Generated ......... City Share Total Project .. __ . E DATE i,'/i; • <f- The recommendation for approval of tbe referenced final plat is submitted for Council action. This final plat subdivides 7.16 acres into 47 single family residential lots witb sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through tbe Board of Public Works prior to recording tbe plat. All conditions placed on tbe preliminary plat by tbe City of Renton will be met prior to recording tbe plat. STAFF RECOMMENDATION: Approve tbe Brookefield Final Plat, LUA 04-058FP, witb tbe following conditions and adopt tbe resolution. 1. All plat fees shall be paid prior to recording tbe plat. 2. All plat improvements shall be eitber constructed or deferred to tbe satisfaction of City staff prior to recording tbe plat. I:\Templates\AGNBHPII.doc/ DEVELOPMENT SERVICES DIVISION BUILDINGIPLANNINGIPUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: SBI Developing, LLC Brookefield Final Plat (Preliminary Plat LUA 03-003PP) File: LUA 04-058FP Hoquiam Ave NE and NE I Oth PI Section 10, Twp. 23 N. Rug. 5 E. Final Plat for 47 single family residential lots with 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: I. The applicant, SBI Developing, LLC, filed a request for approval of a 47 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on February 11,2003, 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 Hoquiam Ave NE, NE 10th PI, Ilwaco PI NE and NE 11th St. The new plat is located in Section 10, Twp. 23 N. Rug. 5 E. 6. The subject site is a 7. I 6 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on August 4, 2003. 8. The property is located within the R-8 zoning designation (single family - 8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. r 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 ERe: 1. The applicant shall install asiltfence along the down slope 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 of the 1998 King County Surface Water Design Manual. This condition will be required during the construction of both off-site and on-site improvements as well as building construction. Silt fencing bas been installed in conformance witb tbe specifications presented in tbe 1998 King County Surface Water Design Manual. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow aw~ 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 m~ be necessary to line the ditch with rock to protect the ditchfrom erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the 1998 King County Surface Water Drainage Manual. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. Tbis measure bas been met by action taken by tbe developer and tbe completion of construction of tbe approved engineering plans. 3. 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. Tbis measure is being met by action taken by tbe developer. 4. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. Tbis measure is being met by tbe project soils engineer. 5. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Tbis measure will be met by action of tbe developer prior to recording of tbe plat. 6. This project shall be subject to the 1998 King County Surface Water Design Manual. Tbe approved engineering plans bave been prepared according to tbe 1998 King County Surface Water Design Manual. 7. The applicant shall p~ the appropriate Fire Mitigation Fee based on a rate of$488. 00 per new single family residential lot prior to the recording of the final plat. These fees sball be paid lot prior to the recording of tbe final plat. 8. The applicant shall p~ the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. Tbese fees sball be paid lot prior to tbe recording of tbe final plat. 2 BROOKEFIELDFP.DOC/ 9. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530. 76 per each new single family home prior to the recording of the final plat These fees sball be paid lot prior to the recording oftbe final plat. II. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall obtain demolition permits and complete all necessary inspections and approvals for all existing structures not located on what would become new Lot 30. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. A demolition permit has been iss ned by the City and an' existing shed was removed from the site and approved by the City. 2. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all private drives. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Documents forming the Homeowner's Association have been submitted to the City for review and approval along with the Final Plat application. These documents will be recorded concurrently witb tbe Final Plat 3. The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42-foot wide internal public street, prior to final plat approval. Road signs have been installed and approved by tbe City. 4. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to final plat approval. All drainage facility maintenance agreements and easements have been submitted to tbe City for review along witb tbe application for tbe Final Plat. 5. The applicant shall comply with the conditions imposed by the ERe. Tbis condition will be met tbrougb action taken by tbe developer and tbe completion of tbe site improvements according to the approved construction plans. 6. The applicant shall use a tight line system to convey storin water to Honey Creek and shall provide the necessary legal documents permitting a tight line system to cross property between the subject site and Honey Creek and to convey storm water across that or those intervening third-party properties. Tbis condition bas been met by action taken by tbe developer and tbe completion of tbe site improvements according to tbe approved construction plans. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. 3 BRDOKEFIELDFP.DDCI r RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: I) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITfED THIS 6TH DAY OF AUGUST, 2004 4 BROOKEFIELDFP.DDCI ./(~~ DEVELOPMENT SERVICES DIVISION \ CORE DESIGN, INC. BELLEVUE W A 98007 Legal Description Parcel A: EXHIBIT A Core Project No: 02055A 3/3/04 The north half of the southeast quarter of the northwest quarter of the northeast quarter of Sectio n 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording Number 3261892; and except the south 160 feet of the west 330 feet. Parcel B: The south 80 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter ofthe northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel C: The north 80 feet of the south 160 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel D: The north half of the south half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 east of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. by deed recorded under Recording Number 3261892. I:12002\02055A \Legal\02055ALO I.doc BnOOKERELD .ffi N · _..!.!VJ,~Ch~WI::-TY=M~~,.:.:..P_ W NOT TIJ SCALE 5 4 RENTON COO ~OESI()N • .011 Nt 2911r11_. illOI ..,...,....'W~'9300T A:lS.Bfl5.7tp'7 r"~·425.985..'90J ENG/NEff/NG· PI· ... NN/NO, SUIlVEY',.,C JC:>S NC:>. D2D55A 15 2 11 14 ,I . I I I , i i .:-1 ! I j I I I ,i , ! BROOKEFIELD WA-U-JXD'P LND-IO-o3'77 A PORnoN OF THE NW 1/4 OF THE NE 1/4, SEC. 10, T'WP. 23 N., RGE. 5 E., W.M., CITY OF RENTON. KING COUNTY, WASHINGTON BASIS or BlWUNGS SURVEYOR'S NOTES I • .ou. 111\£ 1Hf000A~ _ !;IN lttl$ ,. ..... ~ BEEN EXlRACTIJl rROI.I fl'ISl .wtRlcm l1lLE 1K9JRANCl: COtIPANY !Ui!1lIV1S11»1 atMRANTE£ CRlER NO. .-?OII-llmse MTED WAY 21, 200... 1M PIlEP.IJIIoIO MS IIW'. CORE OCSICtI, tIC. HAS CI)NlUCTtO NO IMDEPD<O£MT flU $(AIIQI ~ 15 QOIIE =.mf«:.~ARE~;::;J~ ~~..=~ In' IUD[M(:[]) FIR$l _ 1Ill..E IKSUIWICE t:nIi'Nfr caAllWDIl. COIlE IlE:SON, He. HAS Rnm WiCU. T QH I'IMT A&IEI\ICAN TIlLE COIIPNlY II£P!IES£NTAnoNS or 1!lE '!I'II.n C<HlIOON to PREP.oIU: TItS SU~ .'liD rnEIIEFOR COIlE OESICN, tIC. WALFlES l11E IUP'5 .u:oJIl.lCT NIl ca.PI.£TtM£SS TO 'tHAT UTENT. t-PllQP£RTY ItR(A _ .51).01$'" wu_ fTtT (7,IG~ AOI£S). 30 AlL I,K;t.J"'£If1~ ~~ AS I'tI.JH) .u\[ I'El..D '4SIlW 1M MY, lOOI, UI'ItnS 5liO"'" OTlOlf:Sl:. .. IU OISTI<NCE'S AIlE It! !'nT. II !HIS IS ... FEU) lItA'OSE~. ... SQI<J(I.t.. ~ S((:tH) COO8C El.£C1IIOHIC TOTAl. $1ATlIW • ..s usw TO 0IEA9JR{ l1IE NlOIA.AII NlD DISlNlC£ REl.),1IOHSttPS II£T'I£DI 11£ (;:OHTf«JU.tfI:l 1«: ... "on,,1'1011 ...s _. CI.OSUIE AAllOS or 11£ TII ... ~S( WET OR EXCaOED lIlOSE SP£CIfI[D IN WI>!:; lJ2_130 ... 000. DISTANCE IoI£ASURltlt ~T HAS IIEE/I cQ.I>AROl TO AN Ml.S BASlll'IE: 'II~ (JoI!: 'I'[AA Of THE DATE Of lHIS ~. S. M $(C_ SI.lIllMSIOI< _ HEJnIIj IS BASCO QH 1HAf MCXM:I or SURWY I'r 1IIUSIl, !WED ~ 111tHNGS. IIEOORIlfll UHODt IIPXlIIIXHG NO. _,4Il004 (REf. NO. 1). 1. 11£= or SURYET Py 9.J9i, ROCO All) IUt;:tllNQS, Rl:c. ~ 1ISP!>14!1OQ.1. " .""."n :to MS gn: IS stan:T lO l1IE I[RII'5 ~ ~ CIt AN EASOOI)IT TO SNOQI,IA,lWIE: flUS AND .. lE RMR ~ COMPANY fOR " POlL UIIE AS \lISClosm By lI<S~r REOOIlOlD IJIClEA RIXXIRDIH(j HUMBER l47n4, tI"SW OH TIlt: loc.AllOH OF THt: ~)QSllHG '1oCllTJB. lHS r.o.sn.ENT IS NOT loc.AmJ ON 'MS '5ITE, .l. 11«1 '511( IS Sl.J!l.E:CT ro lItE IE1!YS "-'10 ~ Qt III EASEYUli 'II) PVGtT SCI.,N;I I"O'II[R I.MO UQH OOWPNfJ fOR lItE El..£CIlIIC TJloOIfSYISSION A.NO ~ IJIIE ...s ClSCLDSm lIT IISlRUIItH'I IlECOROIll UNOER RUlOIIOH(l _BEll .ll7GlKlO. lHE u.o.o.t. PESCRJ>1JON COH1 ...... ro '/lIllilll SlID IHSTRUNENT IS to.iFACENT TO DETOININE ITIl EX.O.CT UIC.O.lION WlHtI lHE snL 4. 1IIS Sill: IS SU!\.LCT 'II) TIlE RIGHTS rs ICING ~TY TO IIAI<E =:~ ~~;-Im.fU$ ...s l;R.VmD II OW) R£COIDlD. V\;r~, . ·~:~_8 " ~ ~ ! ~frW <nrlln " " , """'. r;:c-... '\.~.C;J RENTON " ~ " ~ '>< " -~ " .. ~ -I " I N.£. 10TH I'L\CE • • SCALE: ! ~ 1" = 100' T '" ]I ) (lrtorROl~1XJ<1lIOl pa,u 00. .104Ii FtlHI ," CUf(;ll{II 1I(JOlU)jlllllH 1/'1.· ClA'ER ~H O'IIN_ 15 .= , , 'l:HI 10 II Im7'l"_~_Il?~!(lo 11 FO.MI or ~1UI ~-. '/Tla flIII.'11H = SUBDIVISION DIAGRAM N,T.$. ~ " ~ / -. " CORE ~DESIGN " " " ~ 8 z ", 'QIIN.f.:l9MI'tSuiOo 101 -,w~98007 425.a&lJ877 """ 425.SIS.796J ENGINEERING, PLANNING· SURVEYING JOB NO. 02055A ~ ~Of2.[E ~DESIGN August 17, 2004 Core No. 02055A City of Renton Renton City Hall 1055 S. Grady Way Renton, W A 98055 Subject: Brookefield Final Plat LUA-04-058-FP To Whom It May Concern: Core Design, Inc. 1471 J N.E. 29th Place Suite #101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 In response to the request from the City of Renton, the Final Plat of Brookefield, LUA- 04-058-FP, dedicates to the City of Renton 53,703± Square Feet (1.2328± acres) for public road right-of-way. Sincerely, Core Design, Inc. Stephen J. Schrei, PLS Proj eet Surveyor ENGINEERING PLANNING SURVEYING 1:\2002\02055 A \Oocs\0205 5 A -Brookeficld Final Plal-dedication.doc • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 23, 2004 TO: Jason FROM: Ameta Henninger X7298 A-~ SUBJECT: BROOKEFIELD PLAT The applicant submitted the attached pictures per your request. Thank you. If you have any questions please call me. Thank you!! cc: Kayren K. I:\memo.doc\cor -d ~ ~ . " ~ ~ 17\ II! , 'O' DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 30, 2004 Gregg Zimmennan, Administrator Arneta Henninger, Development Services BROOKEFIELD FINAL PLAT LUA 04-058FP NE 10TH PL AND HOQUIAM AVE NE The above plat is done. All plat fees have been paid and all plat improvements have been constructed. I recommend approval of the plat for recording. The attached mylars are submitted for your signature. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K. ~~ Kathy Keolker-Wheeler. Mayor August 17, 2004 Mr. Gary Racca SBI Developing, LLC P.O. Box 73790 Puyallup, W A 98370 Re: Brookefield Final Plat; File No. LUA-04-058 Dear Mr. Racca, CliT1r-.J>1F RENTON City Clerk Bonnie I. Walton At the regular Council meeting of August 16, 2004, the Renton City Council approved the referenced final plat by adopting Res~lution No. 3710.' A copy of tlie resolution is enclosed for your files, . . .. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker-Wheeler Council President Don Persson Arneta Henninger, Development Services Division Stephen Schrei, Core Design, Inc:, 14711 NE 29ili PI.Ste 101, Bellevue, WA 98007 -IO-S-S-S-ou-th-G-r-a-dy-W-a-y---R-eo-to-o-, W-as-h.-·o-gt-oo-9S-0-SS---(-42-S-)4-3-0--6S-I-O/-F-AJ{-(4-2-S)-4-30--6S-1-6 -~ ® This paperconlains 50% recycled material, 30% post consumer AHEAIJ OF THE CURVE ,. CITY OF RENTON, WASHINGTON RESOLUTION NO. 3710 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BROOKEFIELD; FILE NO. LUA-04-058FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanningiBuildingiPublic Works Department; and WHEREAS, after investigation, the Administrator ofthe Planning/BuildingiPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/BuildingiPublic 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 RESOLUTION NO. 3710 (The property, consisting of approximately 7.16 acres, is located in the vicinity of Hoquiam Avenue NE and NE 10'h PI.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and reconnnendation of the PlanningIBuildinglPublic Works Department dated August 6, 2004. PASSED BY THE CITY COUNCIL this 16th day of_--=A=.uq"'u"-'s""t'---__ , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 16thday of __ ""A""u,::>.q""u""s""t ____ , 2004. i(~fUA-tJ~ Kathy Keolker-Wheeler, Mayor Approved as to form: RES.1 062:8/1 0/04:rna 2 ... ·1 CORE DESIGN, INC. BELLEVUE W A 98007 Legal Description Parcel A: RESOLUTION NO. 3710 EXHIBIT A Core Project No: 02055A 3/3/04 The north half of the southeast quarter of the northwest quarter of the northeast quarter of Sectio n 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Schewe Road Extn. by deed recorded under Recording Number 3261892; and except the south 160 feet of the west 330 feet. Parcel B: The south 80 feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel c: The north 80 feet of the south 160 feet of the west 330 feet of the north half ofthe southeast quarter of the northwest quarter ofthe northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. Parcel D: The north half of the south half of the southeast quarter of the northwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 east of the Willamette Meridian, in King County, Washington. Except the west 30 feet thereof conveyed to King County for Arnelie Shewe Road Extn. by deed recorded under Recording Number 3261892. I ;12002102055A ILegaII02055 ALO I.doc 5 ~Cim ~DES/GN RESOLUTION NO. 3710 4 BROOKERELf) VICINITY MAP NOT roseAu !Ii §I---"'~~F"-~~_ 9 CREEN'M)OO CEMETERY 16 ~ '.0'1 Nt,,,,,,, rt .. ~. #101 •• IIe ........ w,,~ 98DC}7 d:l5.'fU.lfU7 Fo.·.n.s.1I8V90J R E N TON 15 ENGINEERING· Pl.4NNING· SURVEYING JOB NO. 020SSA 2 14 Printed: 08-12-2004 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA04-058 08/12/2004 09:33 AM Receipt Number: R0404391 Total Payment: 78,142,95 Payee: 58r DEVELOPMENT LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 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 23,884.20 21,960.00 32,298.75 Payments made for this receipt Trans Method Description Amount Payment Check 3738 78,142.95 Account Balances Trans Account Code Description Balance Due ------------------------ 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use or Fence Review .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5045 304.000.00.345.85 Fire Mitigation-SFR .00 5050 305.000.00.344.85 Traffic Mitigation Fee .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 \ DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 5, 2004 Bob Mac Onie Sonja Fesser, Technical Services Ameta Henninger, X7298 ~ BROOKEFIELD FINAL PLAT LUA 04-058FP 1050 HOQUIAM AVE NE FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title Date Approval: I 'xd,?;[) J f} . I, :titaN,.,) tV~/<?4 Name . e Date cc: Yellow File / l DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM July 29, 2004 Arneta Henninger Sonja J. Fesser..fi Brookefield Plat, LUA·04·058·FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. If this plat, to date, has not been approved by Council, then an updated Subdivision Guarantee report will be required. Said report must be dated within a time period of 45 days prior to Council approval of the plat. Comments for the Project Manager: In our review memo dated June 24, 2004, there was a question regarding the beneficiary of the 10' sanitary sewer easement shown over Lot 19 and Tract A. Item No. 20, under the "EASEMENT NOTES" block (Sheet 4 of 4) stated that said easement was to be granted to the city. Is this a true statement? In said review memo, this question was directed to you. I did not find that the surveyor addressed this question in his June 14,2004 memo to the city. \H:\File Sys\LND -Lund Subdivision & Surveying Re<:ords\LND-IO -Plnts\0404\RV040728,doc City of Renton InterOffice Memo To: Larry Warren, City Attorney From: Date: Subject: Arneta Henninger ~ August 6, 2004 Brookefield Final Plat LUA 04-058FP Attached for your action are a copy of the agenda Bill and a draft version Resolution for the Brookefield Final Plat. The proposed date for consideration by the Council is August 16,2004. IfI may be of assistance in expediting this request please call me at 430-7298. Thank you. cc: Kayren Kittrick Yellow File LVA 04-0S8FP INTO@' July 29, 2004 Ms. Kayrin Kitrick Public Works Department City of Renton 1055 South Grady Way Renton, W A 98055 10608 NE 4th Street PO Box 90868, GEN-02E Bellevue, Washington 98009-0868 Ligilting Servil C5 from puger 50UIJd Energv Re: Development of Brookfield -Street Lighting Dear Kayrin: (42\) 4\6-2496 ph (425) 462-3149 f" CITY OF RENTOr, RECEIVED AUG 022004 BUILDING DIVISION Thank you for your time this afternoon regarding the street lighting at the subject plat. Due to an ordering oversight by the vendor, the permanent lights at this project will not be available for installation until mid- September. Thanks to your approval, PSE has a set of 9 poles and luminaires that will be installed on Wednesday, August 4th, as a temporary lighting system to illuminate the streets until the permanent system can be installed. This temporary system will be installed at no charge and the permanent system has been paid for in full. The manufacturer has been made aware of the problem created by their local representative and is committed to getting the permanent poles and luminaires to us by the promised mid-September date. Your quick response in this matter is appreciated. Sincerely, nnedy Account Manager CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 14,2004 TO: Ameta Henninger FROM: SUBJECT: Jason lorda&} BroOkefiel:;:/Plat, LUA-02-058 Final Plat Review The final plat is not approved pending the following revisions/submittal: I. Demonstrate Lot 18 meets the minimum lot size (4,500 sf) after deducting the area less than 80% of the minimum lot width (less than 40 feet in width) near the new public street. 2. Please provide photo documentation for the file showing the private street sign(s) have been installed per HEX condition # 3. post~ie Fax Note To ;V/tlr '- Co.lDept. Co. Phone # Phone # \H:\Division.s\Develop.ser\Dev&plan.ing\Jej\final plats\brookefi, LF:::ax:"'#lZ~~ )1..-~~3,~}~!;~9'-:..J!.O~Sil::!.4-=----LF_ax_# ________ ---, " MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 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. Q:\WEB\PW\DEVSERv\Forms\Planning\mailbox.doc 1 1 is,O\ 1 2 . f:I'O'\ . n (,)l '-' 6 r \~ "'-- 4~\) 21 \ It 0'}t) 20 . €, '?t,f\ 35 1 I~ . 1 ,,15 10 ..... 11 i iz::5 • .... ~ ;J ;$ f:i ~ C) ~ I'«z 00 1-< ><z 1-<,," uP:: ~ ~ "'" t;) ~ ~ "'" "'C c;:: ~ ~ '" ~ c::i ~ ~ u-, ~ c::, <§ <lo:: ~i:1 , I, •• j ,'-,; ·~'-E·· ,t <, OIlTFALL leA SrA. 6+87. 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BRASS SURFACE DISK AT WTlRSECllCH s.f. 1281H Sf. k H2IlJ A~ SE n. 476.42 CW (129.914 J/£lfRS) DATlJM: orr (y RfNWN -HAlO 1S88 ~iFa5 ~'J .Olf ~DESIGN ENGINEERING· PLANNING SURVEYING Note· Cluster Box Units are the ~p!8.ceme~t Box Unit (NDCBU). , mail. ·I·~ '\igV CUSTOM ENGRAVED PLACARDS ('3367) 1-314" W X 1·112" H custom engraved self-adhesivt placards are available. as an option upon request. $3.00 3300 Series Door Sizes 12-114" '.' 3·118" "tiit,~~i~·~i1~·~')\It/· ,-;:~,~ #3351 Replacement door $30.00 12-3/4- #3352 Replacement door $40.00 UNIVERSAL PEDESTAL (NDCBU REPLACEMENT) 3285 Unlvtrsal Pedestal ·4·Wx4-Dx32-H -top: 13" W x 11-112" 0 • base: 12" W x 6" D • 20 fbs. • $75.00 See page 45 and #3395 for 113312 PEDESTAL PARCEL LOCKER FRONT LOADING IJ:iE'l Made of molded polycarbonate, U.S.P.S. approved two (2) compartment pedestal parcel lockers offer tenants a convenient way to receive packages on site. Each front loading compartment is 13" W x 18" H x 24-1/2" D and is fit with a two (2) key security system. The pedestal parcel locker features stainless steel door and lock fittings and can be mounted on the optional aluminum pedestal (#3485) or a base of your choice. 3402 Pedestal Parcel Locker • 13" W x 36" H x 24-112-D • 401bs. • $500.00 .3485 Pedestal -bolt mounted • 4" diameter x 20" H base: 12" W x 10" D 201bs. $75.00 DESIGNED FOR OUTDOOR APPII rr.:4TTnII!:" ' ... " )'" , ' ',' " ,,' " Kathy ~Keolker.Whee!er .. Mayor " , " " .. , CITTY or RIENTON , ,Office of the City Attorney, Lawrence J. Warrc'n . Assistant City A~torncys Mark Barber ", . _ Zanetta L. Fontes, ' 'Ctn,c ' ", ' . '" Ann S; N'ielsen'- ,R E Ci:"ENTON', :, ", Sasha ,p, Alessi r MEMORANDUM j," '. ./ V E DWhitney A, Faulkner , Ul'" " ' .. 01 .)'001.' , To: ,From: Date: " Ar~eta HeiWnger, PBPW, Lawr~nce J:Warren, City Attorney , 'J~e 30,';2004 ,', ' , t:! 'I .. BUILDING ,', , ,: ", DIVISION " '. ~ Subject:,' ,': Declaration of' Covenants, 'Conditions, RestrictiOns, Easenient~· , and: , Reservations' ' , , ' , Brookefield FinalPlat ,,' ',LUA04-058FP'-, ,,' The CC&R'sat~appro~edasto legal form, . ,., .". -... , " , LiW:tlllj" .. ' , ' cC:", Kayren KittriCk, Jay Covjngton , " , " " '-,' ,,' . ".' ': .. . ;' , ',' '.' ," :., , ,. , ',," " , " \ " , ,. ,.,' , ' '" . , , : '. " ' ,.~ --:p"'iJ-st:-:,o"m::::,:-c-e ::::B""OX-6-::2:-;6:---::'~:-'~-nt~o-n,"': W7.a-s-=-h,"" n-gt-o"Cn-'::9::::8705::7:-.:"'( 4"'2:-:5::-) -='257:~:-.':'86::7::,8":/::F A"C:':X"C( 4"'2:-;5::-)'-='25:'" ~:...' -5:'4::7:-4;;" .,....:; 'R E )\1-T' 6 'N, . ~. '. l' ," II1>l ,',',: . AHEAD OF THE" CURVE ~ This paperoontains 50% recycled mateli~1. 30% post consu~r , . ,. . . , c, Brookefield Preliminary Plat Conditions of Development (Summary) LUA03- 003 Project Condition Source of When Compliance Party Notes Condition Is Required Responsible Finalize all demolition Hearing Prior to final plat Applicant permits. Examiner recording Establish a homeowner's Hearing Prior to final plat Applicant association or Examiner recording maintenance agreement for all shared im provements. Install private street signs. Hearing Prior to final plat Applicant Examiner recording Provide the City with a Hearing Prior to final plat Applicant drainage easement. Examiner recording Design a tight line system Hearing Prior to final plat Applicant to convey storm water to Examiner recording Honey Creek and provide the necessary legal documents to cross property between the site and Honey Creek. Install a silt fence along ERC During project Contractor the downslope perimeter construction of the area to be disturbed. Construct shallow ERC During project Contractor drainage swales to construction intercept surface water flow. Perform daily reviews and ERC During project Contractor maintenance of erosion construction and sedimentation system. Submit weekly reports on ERC During project Contractor the status and condition construction of the erosion control plan. Certification of the ERC Prior to final plat Contractor installation, maintenance recording and proper removal of the erosion control facilities. Project shall be subject to ERC During project Contractor the 1998 KCSWDM construction Fire Mitigation Fees. ERG Prior to final plat Applicant recording Traffic Mitigation Fees. ERG Prior to final plat Applicant recording Parks mitigation Fees. ERG Prior to final plat Applicant recording City of Re.epartment o( Planning / Building / Public ~ ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET . REVIEWING DEPARTMENT: i-iye. COMMENTS DUE: JUNE·25,-2004 ~ DATE CIRCULATED: JUN~ ,11) 2604 lG i~ , ~ 1;: ,It I 'd APPLICATION NO: LUA-04-058, FP j ": , , APPLICANT: 5BI Developina, LLC PROJECT MANAGER: Arn~;;; "I;lbnninger if il PROJECT TITLE: Brookefield Final Plat PLAN REVI EW: Jason JordJn Iii JUN 1 4 2004 'I I, )1 SITE AREA: 312,016 square feet BUILDING AREA (aross): ~,93 adres I 1050 Hoquiam Ave NE I CI fY (J/', RENTON LOCATION: WORK ORDER NO: 77261 '.~·~r rorpt'.l)'" "-~~T , . SUMMARY OF PROPOSAL Final plat to subdiVide 7 .16 acres Into 47 Single family residential lots. The plat Includes the installation of sanital)' sewer mains, storm drainage, sidewalks, street lighting and street paving. 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 Air Water Plants Land/Shoreline Use • Animals Environmental Health Energy! Natural Resources °if:~~~et B. POLICY-RELATED COMMENTS C. COMMENTS C?~ (J/'d. ,/ /,,!£ t61t1'Oi~ __________ ~~~~~v~C~~ I I reas of probable impact or Date .. .. CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 14th day of June, 2004, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter documents. This information was sent to: ';;£; .. ;;r:\;··;E;:l.:J!.l:~',fZi :.Il ::;';',/;" 0;;' ''''IIi.II;;;~ ":;1 lid Stephen Schrei Contact SBI Developing, LLC Owner (S;9",j""ofS'"d")',~ ~ STATE OF WASHINGTON ) COUNTY OF KING ) SS ) , ""C', ' , ;, . "~L'";::;jkt\.riF ,1",;'; •• ;;;,( ";., ' min!!" " "" .... ,"''\'', _---~~' lLYN """ __ ,,~ ....... Ic.;·~I'1 : ~:"'~\I>,sslo'i;~('1'" -'0"" •••• 'j:.,' ! .... c; N07:~ ~'" .... ~ # : "0 o '.!.:.", "en: <::r.. 'J-];:"~ ~ ~. ..0 .~ ",. " , I certify that I know or have satisfactory evidence that Stacy M. Tucker ~ l' \ VlJLIC "'/ i signed this instrument and acknowledged it to be his/her/their free and voluntary a~iabr .. ~ uses a!)d f purposes mentioned in the instrument. '",cit-Ii:/';~!""'~O""---=' "" '1SHI",G ~--, \\\\\.\.\."", ........ Dated:_&--'(-"-;:;.J...Jt(6~6'-1-Y' __ Notary (Print): ___ ....;MARim""ILYN~KArn:M""C~H7.<EFF:!:;:;,,::-::::-=-_________ _ My appOintment expires: MY APPOINTMENT EXPIRES 6-29-07 ProJect Name: Brookefield Final Plat , Project Number: LUA04-058, FP ~R! .. Kathy Keolker~Wbeeler. Mayor June 14, 2004 Stephen Schrei Core Design, Inc. 14711 NE 29'h Place, Suite 101 Bellevue, WA98007 Subject: Brookefield Final Plat LUA-04-058, FP Dear Mr. Schrei: . CITY .• RENTON PlanninlYBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator The Development Planning Section of the City of Renton has determined that the subject application requires the following items to be submitted. Please submit the signed Post Office Approval letter and the. documents for the restrictive covenants and the draft Homeowners Association document as part of your final plat application. Please submit these. items to my office as soon as possible to avoid unnecessary delay. You will be notified if any additional information is required to continue processing your application. . . Please contact me at (425) 430-7298 if you have any questions. Sincerely, ~4~ . Arneta Henninger ~ Project Manager . cc: SBI Developing, LLC fOwner y ------------~IO~5~5~S-ou-t~h~G~rn~d-y~W~a-y--R=e-n-to-n-,~W~as~h~in-g-to-n~9~8~O~55~-----------~ * This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE r .. WAD4-osg PROPERTY OWNER(S) PROJECT INFORMATION NAME: S',,::;: DEVE.L,,~ G.) LLC-PROJECT OR DEVELOPMENT NAME: "t"'NX¥'E RioEY::> pLftT ADDRESS: 'j>, D '13.D>( ,'3")"iO PROJECT/ADDRESS(S)/LOCATION AND 2'!P CODE: CITY: \"L,,/PLLLLi" ZIP: q B3""t '3 \ 0''>0 \-\UQlJ-;I:.AM /WE pjc) 'N::"-.l:fi).J q~ TELEPHONE NUMBER: 2:53 -?4'8 ' 0>1 LO KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) ~-i 6 230:> -"12.41 ' 00 NAME: -:;.,. ....... C EXISTING LAND USErS): RS f=" COMPANY (if applicable): PROPOSED LAND USErS): -12-5 F ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ~SF CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIl) TELEPHONE NUMBER EXISTING ZONING: 12-8 CONTACT PERSON PROPOSED ZONING (if applicable): "-II A NAME: lJU,PhLn (/ U~/ SITE AREA (in square feet): 312.61(..0 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if applicable): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING IEY..I /Jull!?, Iq!. THREE LOTS OR MORE (if applicable): ADDRESS: v ~~no:s /~711 Ale-2.4th ?{, U2/b /()/ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 1.'13 CITY$.LtU JIUI1 Nil ZIP: tJ/dt7 NUMBER OF PROPOSED LOTS (if applicable): 1I'l- TELEPHONE NUMBER AND 'T,MAIL ADDRESS: 425 -&5-7%7 7 M@.t'FY..ItU.4'-rp , NUMBER OF NEW DWELLING UNITS (if applicable): 4 ~ - ()5.'27,()4 PROv~CTINFORMAT,I_O_N_(~cc_o_n_ti_nu_~_~~'J __________ ~ __ -. NUMBER OF EXISTING DWELLING UNITS (if applicable): '2. S,:-~G:';r.;:,~ LD -\ To 'V-E" ,-", SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): ~\f\ SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): \ ,Z:37- SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): ~\A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 1'-.1\1'\ NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): ~ \1\ NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): ~\A ! PROJECT VALUE: l\llf\ IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): t-J, If\; o AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA o GEOLOGIC HAZARD o HABITAT CONSERVATION o SHORELINE STREAMS AND LAKES o WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE N E VLj QUARTER OF SECTION \0, TOWNSHIPZ3>.\, RANGES"E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. s:~",---~LAT 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I. (Print Name/5) GAi5:l{ i2A ec..A , declare that I am (please check one) X. the current owner of the woperty 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. ~~ '"."." ,,_" "" """,~,.,"." •• " "'-t §o<~ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. "c (Signature of Owbet1Representative) (Signature of Owner/Representative) Q:\\'cb/p\\'/llc\,"~l'v!rorl11s/plann;ng/nlaslerarp·tl()c 05!27In..\ 'r • , ~.' , ' , \ PARCEL D: The south 80' feet of the west 330 feet of the north half of the southeast quarter of the northwest quarter of the northeast qua~ter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the west 30 feet thereof conveyed to King County for road purposes by Deed recorded under 'Recording Number 326l892. END OF SCHEDULE A \ I I I ~ ~O~& ~DESIGN May 28, 2004 Core No. 02055A City of Renton Renton City Hall 1055 S. Grady Way Renton, W A 98055 Subject: Brookefield Final Plat Attention Final Plat Reviewer: Core Designl Inc. 1471 J NE. 29th P/aceSuite #101 Bellevue, Washington 98007 425.885.7877 Fox 425.885.7963 DEVELOPMENT PLANNING CITY OF RENTON JUN -82004 RECEIVED As a condition of Final Plat submittal, the following addresses the conditions of approval from the Hearing Examiner on the above referenced project. 1. The applicant shall obtain demolition permits and complete all necessary inspections and approvals for all existing structures not located on what would become new Lot 30. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. This condition will be met by action taken by the developer. 2. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all private drives. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. This condition will be met by action taken by the developer. 3. The applicant shall be required to install a "Private Road" sign with addresses being served from the private drives at the intersections of the private roads and the proposed 42-foot wide internal public street. This condition will be met through action taken by the developer and the completion of the site improvements according to the approved construction plans. 4. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record, prior to final plat approval. This condition will be met by action taken by the developer. ENGINEERING PLANNING SURVEYING I :12002102055A IDocsl02055A-Brookcficld Final Plat.doc 5/28/04 Pg:2 5. This applicant shall comply with the conditions imposed by the ERC. This condition will be met through action taken by the developer and the completion of the site improvements according to the approved construction plans. 6. The applicant shall use a tight line system to convey storm water to Honey Creek and shall provide the necessary legal documents permitting a tight line system to cross property between the subject site and Honey Creek and to convey storm water across that or those intervening third-party properties. This condition will be met by action taken by the developer and the completion of the site improvements according to the approved construction plans. I trust this will satisfy the City's requirement for a compliance letter regarding Brookefield preliminary plat approval conditions. If you have any questions, please do not hesitate to call. Sincerely, YLfl Stephen J. Schrei, PLS Project Surveyor BROOKEFIELD FINAL PLAT 03020 Plat Map Checks 5/27/2004 SJS Core Design, Inc. 14711 NE 29th Place Suite 101 Bellevue, W A 98007 DEVELOPMENT PLANNING CITY OF RENTON JUN - 8 2004 RECEIVED , Lot Report OS/27/2004 11: 31 CRD File> p:\2002\02055\carlson\02055.crd LOT NE1/4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING S.TATION 7006 186228.02 1676516.44 0.00 N 88°12 1 1711 W 2644.82 7007 186310.88 1673872.92 2644.82 S 00°08'53" W 659.51 7017 185651.37 1673871. 21 3304.33 S 00°08'53 11 W 659.51 7014 184991.85 1673869.51 3963.85 S 00°08'53 11 W 1319.03 7008 183672.83 1673866.10 5282.87 S 88°20'02" E 1324.70 7013 183634.32 1675190.24 6607.57 S 88°20'02" E 1324.70 7009 183595.80 1676514.37 7932.27 N 00°02'4211 E 2632.22 7006 186228.02 1676516.44 10564.49 Closure Error Distance> 0.0097 Error Bearing> S 62°09'51" W Closure Precision> 1 in 1084219.5 Total Distance> 10564 .49 LOT AREA: 6972643 SQ FT OR 160.0699 ACRES , Lot Report OS/27/2004 11:35 CRD File> p:\2002\02055\carlson\02055.crd LOT NEl/4,NEl/4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING SJATION 7006 186228.02 1676516.44 0.00 N 88°12'1711 W 1322.41. 7010 186269.45 1675194.68 1322.41 S 00°05 1 48 11 W 658.78 501 185610.67 1675193.57 1981.19 S 00°05'48 11 W 658.78 7011 184951. 88 1675192.46 2639.98 S 88°16'10" E 1323.55 7012 184911. 91 1676515.41 3963.53 N 00°02'42" E 1316.11 7006 186228.02 1676516.44 5279.64 Closure Error Distance> 0.0108 Error Bearing> S 20°36'2411 E Closure Precision> 1 in 486867.1 Total Distance> 5279.64 LOT AREA: 1741393 SQ FT OR 39.9769 ACRES · . Lot Report OS/27/2004 11,08 CRD File> p:\2002\02055\carlson\02055.crd LOT SE1/4, NE1/4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 7012 184911.91 1676515.41 0.00 N 88°16 '10 11 W 1323.55 7011 184951. 88 1675192.46 1323.55 S 00°05 '48 11 W 1317.57 7013 183634.32 1675190.24 2641.12 S 88°20 '02" E 1324.70 7009 183595.80 1676514.37 3965.82 N 00 0 02'42" E 1316.11 7012 184911. 91 1676515.41 5281.93 Closure Error Distance> 0.0059 Error Bearing> N 47°58 '1111 W Closure Precision> 1 in 898774.1 Total Distance> 5281.93 LOT AREA, 1742954 SQ FT OR 40.0127 ACRES BLOCK 1 TOTAL AREA: 1742954 SQ FT OR 40.0127 ACRES Lot Report OS/27/2004 11,39 CRD File> p,\2002\02055\carlson\02055.crd LOT SW1/4, NE1/4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 7011 184951.88 1675192.46 0.00 N 88°16'10" W 661.78 7015 184971.87 1674530.98 661.78 N 88°16'1011 W 661.78 7014 184991.85 1673869.51 1323.55 S 00°08'53" W 1319.03 7008 183672.83 1673866.10 2642.58 S 88°20'02" E 1324.70 7013 183634.32 1675190.24 3967.28 N 00°05'48 11 E 1317.57 7011 184951. 88 1675192.46 5284.84 Closure Error Distance> 0.0032 Error Bearing> N 35°57 12411 E Closure Precision> 1 in 1662360.0 Total Distance> 5284.84 LOT AREA, 1744929 SQ FT OR 40.0581 ACRES Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT SE1/4,NW1/4, OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 7011 184951. 88 N 88°16 1 10" W 661.78 7015 184971.87 N OQ o07 1 20 n E 659.15 7016 185631.02 S 88°14 1 13" E 661. 49 501 185610.67 S 00°05 1 48" W 658.78 EASTING 1675192.46 1674530.98 1674532.39 1675193.57 OS/27/2004 11:12 STATION 0.00 661.78 1320.92 1982.42 7011 184951.88 1675192.46 2641.20 Closure Error Distance> 0.0074 Error Bearing> S 64°44'52" E Closure Precision> 1 in 357499.0 Total Distance> 2641.20 LOT AREA: 435816 SQ FT OR 10.0050 ACRES BLOCK 1 TOTAL AREA: 435816 SQ FT OR 10.0050 ACRES Lot Report CRD File> p,\2002\02055\carlson\02055.crd LOT sWl/4,NWl/4, OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING 7015 184971.87 1674530.98 N 88°16'10 11 W 661. 78 7014 184991.85 1673869.51 N 00°08'53 11 E 659.51 7017 185651.37 1673871. 21 S 88°14'13 11 E 661.49 7016 185631.02 1674532.39 S 00°07'20 11 W 659.15 7015 184971.87 1674530.98 Closure Error Distance> 0.0077 Error Bearing> N 24°28'19" E Closure Precision> 1 in 344088.0 Total Distance> 2641.93 LOT AREA, 436063 SQ FT OR 10.0106 ACRES BLOCK 1 TOTAL AREA, 436063 SQ FT OR 10.0106 ACRES 05/27/2004 11,13 STATION 0.00 661.78 1321.29 1982.78 2641.93 Lot Report CRD File> p,\2002\02055\carlson\02055.crd LOT NW1/4,NW1/4, OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 7016 185631.02 N 88°14'13'1 W 661.49 7017 185651. 37 N 00°08'53" E 659.51 7007 186310.88 S 88°12'17" E 661.21 7018 186290.16 S 00°07'20' W 659.15 7016 185631.02 EASTING 1674532.39 1673871.21 1673872.92 1674533.80 1674532.39 Closure Error Distance> 0.0077 Error Bearing> N 60°43 '4711 W Closure Precision> 1 in 343267.8 Total Distance> 2641.36 LOT AREA, 435868 SQ FT OR 10".0061 ACRES BLOCK 1 TOTAL AREA, 435868 SQ FT OR 10.0061 ACRES OS/27/2004 11,14 STATION 0".00 661. 49 1321. 00 1982.21 2641.36 Lot Report CRD File> p,\2002\02055\carlson\02055.crd LOT NE1/4,NW1/4, OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 7018 186290.16 S 88°12'17" E 661.20 7010 186269.45 S 00°05'48" W 658.78 501 185610.67 N 88°14'13" W 661. 49 7016 185631. 02 N 00°07 '20" E 659.15 EASTING 1674533.80 1675194.68 1675193.57 1674532.39 OS/27/2004 11,15 STATION 0.00 661.20 l319.99 1981. 48 7018 186290.16 1674533.80 2640.63 Closure Error Distance> 0.0095 Error Bearing> S 45°23'44" E Closure Precision> 1 in 277123.3 Total Distance> 2640.63 LOT AREA, 435621 SQ FT OR 10.0005 ACRES BLOCK 1 TOTAL AREA, 435621 SQ FT OR 10.0005 ACRES Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT BOUNDARY OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING 503 185135.75 1674561.33 N 00°07'20" E 494.35 500 185630.09 1674562.39 S 88°14'13" E 631.48 501 185610.67 1675193.57 S 00°05'48" W 494.09 502 185116.58 1675192.74 N 88°15'41" W 631. 69 503 185135.75 1674561.33 Closure Error Distance> 0.0044 Error Bearing> N 39°58'52" W Closure Precision> 1 in 517096.9 Total Distance> 2251.61 LOT AREA: 312013 SQ FT OR 7.1628 ACRES 08/25/2003 10:53 STATION 0.00 494.35 1125.83 1619.92 2251. 61 Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT BLOCK 1 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3103 185449.58 S 00°05'48" W 162.02 EASTING 1675103.30 OS/27/2004 10:17 STATION 0.00 3107 185287.56 1675103.02 162.02 RADIUS: 76.00 LENGTH: 121.56 CHORD: 109.01 DELTA: 91'38'32" CHORD BRG: S 45'55'04" W PC-R: N 89°54'12" W PT-R: N 01'44'19" E RADIUS POINT: 3108 185287.69,1675027.02 TANGENT: 78.21 3111 185211.72 1675024.72 283.58 N 88°15'41'1 W 437.69 3121 185225.00 1674587.23 721.27 RADIUS: 25.00 LENGTH: 39.98 CHORD: 35.85 DELTA: 91'36'59" CHORD BRG: S 45'55'50" W PC-R: S 01°44'19" W PT-R: S 89°52'40" E RADIUS POINT: 3122 185200.01,1674586.47 TANGENT: 25.72 3123 185200.07 1674561.47 761.24 N 00°07'20" E 46.73 5578 185246.79 1674561.57 807.97 S 88°15'41" E 464.00 5579 185232.71 1675025.36 1271.97 RADIUS: 55.00 LENGTH: 87.97 CHORD: 78.89 DELTA: 91'38'32" CHORD BRG: N 45°55'04 11 E PC-R: N 01°44'19" E PT-R: N 89°54'1211 W RADIUS POINT: 3108 185287.69,1675027.02 TANGENT: 56.60 5580 185287.59 1675082.02 1359.94 N 00°05'48" E 162.02 5581 185449.61 1675082.30 1521.96 RADIUS: 55.00 LENGTH: 84.79 CHORD: 76.64 DELTA: 88°20'01" CHORD ERG: N 44°04 1 13 11 W PC-R: N 89°54'12" W PT-R: S 01°45'47 11 W RADIUS POINT: 3101 185449.70,1675027.30 TANGENT: 53.42 5582 185504.68 1675028.99 1606.75 N 88°14'13 11 W 467.06 5583 185519.05 1674562.15 2073.81 N 00°07'20" E 45.30 3153 185564.35 1674562.25 2119.11 RADIUS: 25.00 LENGTH: 38.55 CHORD: 34.85 DELTA: 88°21'34" CHORD BRG: S 44°03'26 11 E PC-R: 8 89°52'4011 E PT-R: N 01°45'47" E RADIUS POINT: 3154 185564.30,1674587.25 TANGENT: 24.29 3155 185539.31 1674586.48 2157.66 S 88°14'13" E 443.37 3165 185525.67 1675029.64 2601. 03 RADIUS: 76.00 LENGTH: 117.17 CHORD: 105.91 DELTA: 88°20'01" CHORD BRG: S 44°04'13" E PC-R: S 01°45'47" W PT-R: N 89°54'1211 W RADIUS POINT: 3101 185449.70,1675027.30 TANGENT: 73.82 3103 185449.58 1675103.30 2718.20 Closure Error Distance> 0.0188 Error Bearing> N 44°19'57" W Closure Precision> 1 in 144651.4 Total Distance> 2718.20 LOT AREA: 27544 SQ FT OR 0.6323 ACRES Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT BLOCK 2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 5581 185449.61 S 00'05'48" W 162.02 EASTING 1675082.30 OS/27/2004 10:15 STATION 0.00 5580 185287.59 1675082.02 162.02 RADIUS: 55.00 LENGTH: 87.97 CHORD: 78.89 DELTA: 91'38'32" CHORD BRG: S 45°55'04" W PC-R: N 89°54'12" W PT-R: N 01°44'19" E RADIUS POINT: 3108 185287.69,1675027.02 TANGENT: 56.60 5579 185232.71 1675025.36 249.99 N 88°15'41 1' W 464.00 5578 185246.79 1674561.57 713.99 N 00 0 07'20'1 E 45.31 3125 185292.10 1674561.67 759.30 RADIUS: 25.00 LENGTH: 38.56 CHORD: 34.85 DELTA: 88'23 '01" CHORD BRG: S 44°04'10 11 E PC-R: S 89°52'40" E PT-R: N 01°44'19 11 E RADIUS POINT: 3126 185292.05,1674586.67 TANGENT: 24.30 3127 185267.06 1674585.91 797.87 S 88°15'41'1 E 440.29 3136 185253.70 1675025.99 1238.15 RADIUS: 34.00 LENGTH: 54.38 CHORD: 48.77 DELTA: 91038'32" CHORD ERG: N 45°55'04" E PC-R: N 01°44'19" E PT-R: N 89°54'12" W RADIUS POINT: 3108 185287.69,1675027.02 TANGENT: 34.99 3137 185287.63 1675061.02 1292.53 N 00°05'48'1 E 162.02 3141 185449.65 1675061.30 1454.55 RADIUS: 34.00 LENGTH: 52.42 CHORD: 47.38 DELTA: 88°20'01" CHORD BRG: N 44°04'13" W PC-R: N 89°54'1211 W PT-R: S 01°45'47" W RADIUS POINT: 3101 185449.70,1675027.30 TANGENT: 33.03 3142 185483.69 1675028.34 1506.97 N 88'14'13" W 440.73 3149 185497.25 1674587.82 1947.70 RADIUS: 25.00 LENGTH: 39.99 CHORD: 35.86 DELTA: 91038' 26" CHORD BRG: S 45°56'3411 W PC-R: S 01°45'47 11 W PT-R: 8 89°52'40" E RADIUS POINT: 3150 185472.26,1674587.05 TANGENT: 25.73 3151 185472.31 1674562.05 1987.69 N 00°07'20'1 E 46.74 5583 185519.05 1674562.15 2034.42 S 88°14'13'1 E 467.06 5582 185504.68 1675028.99 2501.48' RADIUS: 55.00 LENGTH: 84.79 CHORD: 76.64 DELTA: 88'20'01" CHORD BRG: S 44°04'1311 E PC-R: 8 01°45'47 11 W PT-R: N 89°54'12" W RADIUS POINT: 3101 185449.70,1675027.30 TANGENT: 53.42 5581 185449.61 1675082.30 2586.27 Closure Error Distance> 0.0042 Error Bearing> N 22°22'56" E Closure Precision> 1 in 617080.0 Total Distance> 2586.27 LOT AREA: 26159 SQ FT OR 0.6005 ACRES Lot Report CRD File> p: \2002\02055\car-lson\02055 _ crd LOT R/W OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3103 185449_58 3107 185287.56 EASTING 1675103.30 1675103.02 08/25/2003 10:56 STATION 0.00 162.02 RADIUS: 76.00 LENGTH: 121.56 CHORD: 109.01 DELTA: 91'38'32" CHORD ERG: S 45°55 1 0411 W PC-R: N 89°54 1 12 11 W PT-R: N 01°44 1 19 11 E RADIUS POINT: 3108 185287.69,1675027.02 3111 185211.72 1675024.72 283.58 N 88°15 1 41 11 W 437.69 3121 185225.00 1674587.23 721.27 RADIUS: 25.00 LENGTH: 39.98 CHORD: 35.85 DELTA: 91'36'59" CHORD BRG: 8 45°55'50 11 W PC-R: S 01°44 1 1911 W PT-R: S 89°52 1 40" E RADIUS POINT: 3122 185200.01,1674586.47 3123 185200.07 1674561.47 761.24 N 00°07 1 20 11 E 92.04 3125 185292.10 1674561.67 853.28 RADIUS: 25.00 LENGTH: 38.56 CHORD: 34.85 DELTA: 88'23'01" CHORD BRG: 8 44°04 1 10 11 E PC-R: S 89°52 1 40 11 E PT-R: N 01 0 44 11911 E RADIUS POINT: 3126 185292.05,1674586.67 3127 185267.06 1674585.91 891.84 S 88'15'41" E 440.29 3136 185253.70 1675025.99 1332.13 RADIUS: 34.00 LENGTH: 54.38 CHORD: 48.77 DELTA: 91'38'32" CHORD BRG: N 45°55 1 04" E PC-R: N 01°44 1 19" E PT-R: N 89°54 1 12 11 W RADIUS POINT: 3108 185287.69,1675027.02 3137 185287.63 1675061.02 1386.51 N 00°05 1 48 11 E 162.02 3141 185449.65 1675061.30 1548.53 RADIUS: 34.00 LENGTH: 52.42 CHORD: 47.38 DELTA: 88'20'01" CHORD ERG: N 44°04 1 13 11 W PC-R: N 89°54 1 12" W PT-R: S 01°45 1 47" W RADIUS POINT: 3101 185449.70,1675027.30 3142 185483.69 1675028.34 1600.95 N 88°14 1 13 11 W 440.73 3149 185497.25 1674587.82 2041.68 RADIUS: 25.00 LENGTH: 39.99 CHORD: 35.86 DELTA: 91'38'26" CHORD ERG: 8 45°56 1 3411 W PC-R: S 01°45 1 47" W PT-R: S 89°52 1 40" E RADIUS POINT: 3150 185472.26,1674587.05 3151 185472.31 1674562.05 2081.67 N 00°07 1 20 11 E 92.04 3153 185564.35 1674562.25 2173.70 RADIUS: 25.00 LENGTH: 38.55 CHORD: 34.85 DELTA: 88'21'34" CHORD BRG: S 44°03 1 26" E ·PC-R: S 89°52 1 40 11 E PT-R: N 01°45 1 47 11 E RADIUS POINT: 3154 185564.30,1674587.25 3155 185539.31 1674586.48 2212.26 S 88'14'13" E 443.37 3165 185525.67 1675029.64 2655.62 RADIUS: 76.00 LENGTH: 117.17 CHORD: 105.91 DELTA: 88'20'01" CHORD BRG: 8 44°04 1 13 11 E· PC-R: S 01°45'47 11 W PT-R: N 89°S4 1 12!l W RADIUS POINT: 3101 185449.70,1675027.30 3103 185449.58 1675103.30 2772.79 Closure Error Distance> 0.'0119 Error Bearing> S 76°57'11" W Closure Precision> 1 in 233295.0 Total Distance> 2772.79 Lot Report CRD File> p,\2002\02055\carlson\02055.crd LOT 1 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3215 185133.92 N 88°15'41" W 60.02 503 185135.75 N 00°07'20" E 64.32 3123 185200.07 EASTING 1674621. 33 1674561.33 1674561. 47 OS/27/2004 11,45 STATION 0.00 60.02 124.34 RADIUS, 25.00 LENGTH, 39.98 CHORD, 35.85 DELTA, 91°36'59" CHORD BRG: N 45°55'50" E PC-R: S 89°52'40" E PT-R: S 01°44'19 11 W RADIUS POINT, 3122 185200.01,1674586.47 TANGENT, 25.72 3121 185225.00 1674587.23 164.32 S 88°15'41 11 E 34.31 3120 185223.96 1674621.52 S 00°07'20 11 W 90.04 3215 185133.92 1674621.33 Closure Error Distance> 0.0073 Error Bearing> N 44°38'28 11 W Closure Precision> 1 in 39775.3 Total Distance> 288.66 LOT AREA, 5259 SQ FT OR 0.1207 ACRES 198.63 288.66 LOT 2 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3214 185132.41 1674671.33 0.00 N 88°15 1 41" W 50.02 3215 185133.92 1674621.33 50.02 N 00°07 1 20(1 E 90.04 3120 185223.96 1674621.52 140.06 S 88°15 1 41 11 E 50.02 3119 185222.44 1674671.52 190.08 S 00°07 1 20 11 W 90.04 3214 185132.41 1674671.33 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 3 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3213 185130.89 1674721. 32 0.00 N 88°15 1 41t1 W 50.02 3214 185132.41 1674671. 33 50.02 N 00007 1 20 tl E 90.04 3119 185222.44 1674671.52 140.06 S 88°15!41" E 50.02 3118 185220.92 1674721. 52 190.08 S 00°07120 11 W 90.04 3213 185130.89 1674721. 32 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA, 4502 SQ FT OR 0.1033 ACRES LOT 4 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3212 185129.37 1674771. 32 0.00 N 88°15'4111 W 50.02 3213 185130.89 1674721. 32 50.02 N 00°07 1 20 11 E 90.04 3118 185220.92 1674721. 52 140.06 S 88°15'41 11 E 50.02 3117 185219.41 1674771. 51 190.08 S 00°07'20 11 W 90.04 3212 185129.37 1674771.32 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA, 4502 SQ FT OR 0.1033 ACRES · LOT 5 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3211 185127.85 1674821. 35 0.00 N 88°15'41" W 50.05 3212 185129.37 1674771. 32 50.05 N 00°07'20 11 E 90.04 3117 185219.41 1674771.51 140.09 S 88°15'41" E 50.05 3116 185217.89 1674821.54 190.14 S 00°07'20 11 W 90.04 3211 185127.85 1674821. 35 280.17 Closure Error Distance> 0.0000 Total Distance> 280.17 LOT AREA: 4504 SQ FT OR 0.1034 ACRES LOT 6 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3210 185126.33 1674871.37 0.00 N 88°15'41 11 W 50.05 3211 185127.85 1674821. 35 50.05 N 00°07'20 11 E 90.04 3116 185217.89 1674821.54 140.09 S 88°15'4111 E 50.05 3115 185216.37 1674871.57 190.14 S OOo07'20n W 90.04 3210 185126.33 1674871.37 280.17 Closure Error Distance> 0.0000 Total Distance> 280.17 LOT AREA, 4504 SQ FT OR 0.1034 ACRES LOT 7 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3209 185124.81 1674921.41 0.00 N 88°15 '41 11 W 50.06 3210 185126.33 1674871. 37 50.06 N 00°07 '20 11 E 90.04 3115 185216.37 1674871.57 140.10 S 88°15 1 41 11 E 50.06 3114 185214.85 1674921. 60 190.16 S 00°07 '20" W 90.04 3209 185124.81 1674921. 41 280.19 Closure Error Distance> 0.0000 Total Distance> 280.19 LOT AREA, 4505 SQ FT OR 0.1034 ACRES LOT 8 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3208 185123.30 1674971.45 0.00 N 88°15 1 41" W 50.06 3209 185124.81 1674921.41 50.06 N 00°07 1 20" E 90.04 3114 185214.85 1674921.60 14 0 . 10 S 88°15 1 41" E 50.06 3113 185213.33 1674971.64 190.16 S 00°07 1 20" W 90.04 3208 185123.30 1674971.45 280.19 Closure Error Distance> 0.0000 Total Distance> 280.19 LOT AREA, 4505 SQ FT OR 0.1034 ACRES LOT 9 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3207 185121. 78 1675021.50 0.00 N 88°1S'41!! W 50.07 3208 185123.30 1674971.45 50.07 N 00°07'20" E 90.04 3113 185213.33 1674971.64 140.11 S 88°15'4111 E 50.07 3112 185211.81 1675021. 69 190.18 S 00°07'20 11 W 90.04 3207 185121. 78 1675021.50 280.21 Closure Error Distance> 0.0000 Total Distance> 280.21 LOT AREA, 4506 SQ FT OR 0.1035 ACRES Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT 10 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3169 185120.26 N 88°15'41' W 50.02 3207 185121.78 N 00°07'20 '1 E 90.04 3112 185211.81 S 88°15'41" E 3.03 3111 185211.72 EASTING 1675071.49 1675021.50 1675021.69 1675024.72 OS/27/2004 11:58 STATION 0.00 50.02 140.06 143.09 RADIUS: 76.00 LENGTH: 50.09 CHORD: 49.19 DELTA: 37°45'35' CHORD BRG: N 72°51 1 32 '1 E PC-R: N 01°44'1911 E PT-R: N 36°01'16" W RADIUS POINT: 3108 185287.69,1675027.02 TANGENT: 25.99 3110 185226.22 1675071.72 193.17 S 00°07'20'1 W 105.96 3169 185120.26 1675071. 49 Closure Error Distance> 0.0043 Error Bearing> S 39°52'49 11 W Closure Precision> 1 in 69994.9 Total Distance> 299.13 LOT AREA: 4741 SQ FT OR 0.1088 ACRES 299.13 LOT 11 OF BLOCK 1 PNT# BEARING 502 DISTANCE NORTHING 185116.58 N 88°15'41" W 121.30 3169 185120.26 N 00°07'20" E 50.05 3170 185170.31 3171 185166.58 S 00'05'48" W 50.00 502 185116.58 EASTING 1675192.74 1675071.49 1675071.60 1675192.82 1675192.74 Closure Error Distance> 0.0014 Error Bearing> N 35°55'43 11 W Closure Precision> 1 in 240381.4 Total Distance> 342.63 LOT AREA: 6065 SQ FT OR 0.1392 ACRES STATION 0.00 121. 30 171.35 292.63 342.63 LOT 12 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3171 185166.58 1675192.82 0.00 N 88°14'13" W 121. 28 3170 185170.31 1675071. 60 121. 28 N 00°07'20" E 50.00 3172 185220.31 1675071.71 171.28 S 88°14'13 11 E 121. 26 3173 185216.58 1675192.90 292.53 S OQ o 05'4B!I W 50.00 3171 185166.58 1675192.82 342.53 Closure Error Distance> 0.0024 Error Bearing> S 76°04'49 11 W Closure Precision> 1 in 143875.2 Total Distance> 342.53 LOT AREA, 6061 SQ FT OR o .139l ACRES LOT 13 OF PNT# BEARING 3173 N 88°14'13 tt W 3172 N 00°07'20" E 3110 RADIUS, 76.00 BLOCK 1 DISTANCE NORTHING 185216.58 121. 26 185220.31 5.91 185226.22 LENGTH, 53.15 CHORD, EASTING 1675192.90 1675071.71 STATION 0.00 121.26 1675071.72 127.16 52.07 DELTA: 400 04'10n CHORD BRG: N 33°S6'39 f1 E PC-R: N 36°01'16 1t W PT-R: N 76°05'26" W RADIUS POINT, 3108 185287.69,1675027.02 3109 185269.42 1675100.80 180.31 S 88°14'13" E 92.24 3174 185266.58 1675192.99 S 00°05'48 11 W 50.00 3173 185216.58 1675192.90 Closure Error Distance> 0.0030 Error Bearing> N 75°18'16" E Closure Precision> 1 in 106920.5 Total Distance> 322.55 LOT AREA, 5260 SQ FT OR 0.1208 ACRES 272.55 322.55 LOT 14 PNT# BEARING 3174 OF BLOCK 1 DISTANCE NORTHING 185266.58 N 88°14 1 13'1 W 92.24 EASTING 1675192.99 STATION 0.00 3109 185269.42 1675100.80 92.24 RADIUS: 76.00 LENGTH: 18.32 CHORD: 18.28 DELTA: l3°48'46" CHORD BRG: N 07°00'11" E PC-R: N 76 0 05'26 11 W PT-R: N 89°54 1 1211 W RADIUS POINT: 3108 185287.69,1675027.02 3107 185287.56 1675103.02 110.56 N 00°05'48 11 E 31.79 3106 185319.35 1675103.08 S 88°14'13 11 E 90.04 3175 185316.58 1675193.07 3174 185266.58 1675192.99 Closure Error Distance> 0.0016 Error Bearing> S 35°11'13" Closure Precision> 1 in 172678.0 Total Distance> 282.39 LOT AREA: 4513 SQ FT OR 0.1036 ACRES 142.35 232.39 282.39 E LOT 15 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3175 185316.58 1675193.07 0.00 N 88°14 '13 11 W 90.04 3106 185319.35 1675103.08 90.04 N 00°05 '48" E 50.00 3105 185369.35 1675103.16 140.04 S 88°14 1 13" E 90.04 3176 185366.58 1675193.16 230.08 S 00°05 1 48\1 W 50.00 3175 185316.58 1675193.07 280.08 Closure Error Distance> 0.0000 Total Distance> 280.08 LOT AREA: 4500 SQ FT OR 0.1033 ACRES LOT 16 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3176 185366.58 1675193.16 0.00 N 88°14'13 1t W 90.04 3105 185369.35 1675103.16 90.04 N 00°05'48" E 50.00 3104 185419.35 1675103.25 140.04 S 88°14'13 11 E 90.04 3177 185416.58 1675193.24 230.08 S 00°05'48 11 W 50.00 3176 185366.58 1675193.16 280.08 Closure Error Distance> 0.0000 Total Distance> 280.08 LOT AREA, 4500 SQ FT OR 0.1033 ACRES LOT 17 OF PNT# BEARING 3177 N 88°14'13 11 W 3104 N 00°05'48 11 E BLOCK i DISTANCE 90.04 30.23 NORTHING 185416.58 185419.35 EASTING 1675193.24 1675103.25 STATION 0.00 90.04 3103 185449.58 1675103.30 120.27 RADIUS: 76.00 LENGTH: 20.08 CHORD: 20.02 DELTA: 15°08'19" CHORD BRG: N 07°28'22" W PC-R: N 89°5411211 W PT-R: S 74°57'2811 "W RADIUS POINT: 3101 185449.70,1675027.30 3102 185469.43 1675100.69 140.35 S 88°14'13" E 92.68 3178 185466.58 1675193.33 S 00 0 05'48" W 50.00 3177 185416.58 1675193.24 Closure Error Distance> 0.0021 Error Bearing> N 53°59'35" Closure Precision> 1 in 135340.4 Total Distance> 283.02 LOT AREA: 4517 SQ FT OR 0.1037 ACRES 233.02 283.02 W LOT 18 PNT# BEARING 3178 OF BLOCK 1 DISTANCE NORTHING 185466.58 N 88°14'13" W 92.69 EASTING 1675193.33 STATION 0.00 3102 185469.43 1675100.69 92.68 RADIUS, 76.00 LENGTH, 32.98 CHORD,32.73 DELTA,24°51'59" CHORD BRG: N 27°28'31" W PC-R: S 74°57'28" W PT-R: S 50°05'2911 W RADIUS POINT, 3101 185449.70,1675027.30 3100 185498.46 1675085.59 125.66 N 61°00'13" E 41.89 3167 185518.77 1675122.23 S 88°14'13" E 71.21 3166 185516.58 1675193.41 S 00°05'48" W 50.00 3178 185466.58 1675193.33 Closure Error Distance> 0.0078 Error Bearing> S 46°11'001' E Closure Precision> 1 in 37218.3 Total Distance> 288.76 LOT AREA, 4742 SQ FT OR 0.1089 ACRES 167.55 238.76 288.76 LOT 19 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3164 185525.90 1675022.25 0.00 N 88°14113 tt W 50.05 3163 185527.44 1674972.22 50.05 N 00°07'20 11 E 90.04 3179 185617.47 1674972.41 140.09 S 88°14'13 1t E 50.05 3168 185615.93 1675022.44 190.14 S 00°07'20 11 W 90.04 3164 185525.90 1675022.25 280.17 Closure Error Distance> 0.0000 Total Distance> 280.17 LOT AREA: 4505 SQ FT OR 0.1034 ACRES LOT 20 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3163 185527.44 1674972.22 0.00 N 88°14 1 13" W 50.04 3162 185528.98 1674922.20 50.04 N 00°07 1 20 11 E 90.04 3180 185619.01 1674922.40 140.08 S 88°14 1 13 11 E 50.04 3179 185617.47 1674972.41 190.12 S 00°07120 11 W 90.04 3163 185527.44 1674972.22 280.15 Closure Error Distance> 0.0000 Total Distance> 280.15 LOT AREA: 4504 SQ FT OR 0.1034 ACRES LOT 21 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3162 185528.98 1674922.20 0.00 N 88°14 1 13 11 W 50.04 3161 185530.51 1674872.19 50.04 N 00°07'20" E 90.04 3181 185620.55 1674872.38 140.08 S 88°14'13 11 E 50.04 3180 185619.01 1674922.40 190.12 S 00 0 07'20 11 W 90.04 3162 185528.98 1674922.20 280.15 Closure Error Distance> 0.0000 Total Distance:> 280.15 LOT AREA: 4504 SQ FT OR 0.1034 ACRES LOT 22 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3161 185530.51 1674872.19 0.00 N 88°14'13 11 W 50.03 3160 185532.05 1674822.18 50.03 N 00°07'20 11 E 90.04 3182 185622.09 1674822.37 140.07 S 88°14 '13 11 E 50.03 3181 185620.55 1674872.38 190.10 S 00°07'20 11 W 90.04 3161 185530.51 1674872.19 280.13 Closure Error Distance> 0.0000 Total Distance::> 280.13 LOT AREA, 4503 SQ FT OR 0.1034 ACRES LOT 23 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3160 185532.05 1674822.18 0.00 N 88°14'13" W 50.02 3159 185533.59 1674772.18 50.02 N 00°07'20" E 90.04 3183 185623.63 1674772.38 140.06 S 88°14'13" E 50.02 3182 185622.09 1674822.37 190.08 S 00°07'20" W 90.04 3160 185532.05 1674822.18 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 24 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3159 185533.59 1674772 .18 0.00 N 88°14 '13" W 50.02 3158 185535.13 1674722.19 50.02 N 00°07'20 11 E 90.04 3184 185625.17 1674722.38 140.06 S 88°14'13" E 50.02 3183 185623.63 1674772.38 190.08 S 00°07'20" W 90.04 3159 185533.59 1674772 .18 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 25 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3158 185535.13 1674722.19 0.00 N 88°14 1 13 11 W 50.02 3157 185536.67 1674672 .19 50.02 N 00007 t 20 11 E 90.04 3185 185626.71 1674672.38 140.06 S 88°14t13" E 50.02 3184 185625.17 1674722.38 190.08 S 000 07 1 20 11 W 90.04 3158 185535.13 1674722.19 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA, 4502 SQ FT OR 0.1033 ACRES LOT 26 OF BLOCK r PNT# BEARING DISTANCE NORTHING EASTING STATION 3157 185536.67 1674672 .19 0.00 N 88°14'13" W 50.02 3156 185538.21 1674622.19 50.02 N 00°07'20 11 E 90.04 3186 185628.25 1674622.39 140.06 S 88°14'13 11 E 50.02 3185 185626.71 1674672.38 190.08 S 00°07'20" W 90.04 3157 185536.67 1674672 .19 280.11 Closure Error Distance> 0.0000 Total Distance> 280.11 LOT AREA, 4502 SQ FT OR 0.1033 ACRES Lot Report OS/27/2004 12:10 CRD File> p:\2002\02055\carlson\02055.crd LOT 27 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING S.TATION 3156 185538.21 1674622.19 0.00 N 88°14 113 11 W 35.73 3155 185539.31 1674586.48 35.73 RADIUS: 25.00 LENGTH: 38.55 CHORD: 34.85 DELTA: 88°21'34" CHORD BRG: N 44°03 126 11 W PC-R: N 01°45 147" E PT-R: S 89°52 1 40 11 E RADIUS POINT: 3154 185564.30,1674587.25 TANGENT: 24.29 3153 185564.35 1674562.25 74.28 N 00°07120 11 E 65.74 500 185630.09 1674562.39 3186 185628.25 1674622.39 S 00°07'20" W 90.04 3156 185538.21 1674622.19 Closure Error Distance> 0.0076 Error Bearing> N 71°10'38" Closure Precision> 1 in 38114.7 Total Distance> 290.09 LOT AREA: 5277 SQ FT OR 0.1211 ACRES 140.03 200.05 290.09 E Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT 28 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3187 185354.21 N 88°15'4111 W 119.38 3190 185357.83 N 00°07'20 11 E 114.48 3151 185472.31 RADIUS: 25.00 LENGTH: 39.99 CHORD: EASTING 1674681.14 1674561.81 OS/27/2004 12:14 STATION 0.00 119.38 1674562.05 233.86 35.86 DELTA: 91"38'26" CHORD BRG: N 45°56'34 11 E PC-R: S 89°52140 11 E PT-R: S 01°45'47 11 W RADIUS POINT: 3150 185472.26,1674587.05 TANGENT: 25.73 3149 185497.25 1674587.82 273.85 S 88°14'13" E 93.59 3148 185494.37 1674681.37 S 00°05 148" W 140.16 3187 185354.21 1674681.14 Closure Error Distance> 0.0016 Error Bearing> N 36°47 139 11 E Closure Precision> 1 in 310811.9 Total Distance> 507.60 LOT AREA: 16581 SQ FT OR 0.3806 ACRES 367.44 507.60 Lot Report CRD File> p:\2002\02055\carlson\02055.crd LOT 29 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING 3192 185352.09 N 88°15 141 11 W 70.03 3187 185354.21 N 00°05 148 11 E 140.16 3148 185494.37 8 88°14 1 13 11 E 70.03 3147 185492.21 S 00·05'48" W 140.13 3192 185352.09 EASTING 1674751.13 1674681.14 1674681.37 1674751. 37 1674751.13 Closure Error Distance> 0.0009 Error Bearing> S 80°59 1 55" E Closure Precision> 1 in 481505.0 Total Distance> 420.34 LOT AREA: 9810 SQ FT OR 0.2252 ACRES OS/27/2004 12:19 S.TATION 0.00 70.03 210.19 280.22 420.34 LOT 30 OF BLOCK r PNT# BEARING DISTANCE NORTHING EASTING STATION 3194 185400.44 1674806.21 0.00 N 88°15'41" W 55.02 3191 185402.1l 1674751.22 55.02 N OQo05'48 n E 90.1l 3147 185492.21 1674751. 37 145.13 S 88°14'13!! E 55.02 3146 185490.52 1674806.37 200.15 S 00°05'48" W 90.08 3194 185400.44 1674806.21 290.24 Closure Error Distance> 0.0066 Error Bearing> S 05°49'19 11 E Closure Precision> 1 in 44167.5 Total Distance> 290.24 LOT AREA: 4955 SQ FT OR 0.1138 ACRES LOT 31 OF BLOCK i PNT# BEARING DISTANCE NORTHING EASTING STATION 3198 185398.77 1674861. 21 0.00 N 88°15 1 41 11 W 55.02 3194 185400.44 1674806.21 55.02 N 00°05'48 11 E 90.08 3146 185490.52 .1674806.37 145.11 S 88°14113" E 55.02 3145 185488.83 1674861. 3 6 200.13 S 00°05 1 48" W 90.06 3198 185398.77 1674861.21 290.19 Closure Error Distance> 0.0035 Error Bearing> N 11°09'56 11 E Closure Precision> 1 in 82221.3 Total Distance> 290.19 LOT AREA, 4954 SQ FT OR o . 1137 ACRES Lot Report OS/27/2004 12:23 CRD File> p:\2002\02055\carlson\02055.crd LOT 32 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3195 185348.75 1674861.13 0.00 N 88°15 1 41 11 W 110.04 3192 185352.09 1674751.13 110.05 N 00°05 1 48" E 50.02 3191 185402.11 1674751.22 160.07 S 88°15 1 41 11 E 110.04 3198 185398.77 1674861.21 270.11 S 00°05 1 48 11 W 50.02 3195 185348.75 1674861.13 320.13 Closure Error Distance> 0.0000 Total Distance> 320.13 LOT AREA: 5502 SQ FT OR 0.1263 ACRES Lot Report OS/27/2004 12,25 CRD File> p,\2002\02055\carlson\02055.crd LOT 33 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3200 185345.41 1674971.12 0·.00 N 88°15 141" W llO.05 3195 185348.75 1674861.l3 llO.05 N 00°05 1 48" E 50.02 3198 185398.77 1674861.21 160.07 S 88°15 1 41" E llO.05 3203 185395.43 1674971.21 270.11 S 00°05'48" W 50.02 3200 185345.41 1674971.12 320.l3 Closure Error Distance> 0.0000 Total Distance> 320.13 LOT AREA, 5502 SQ FT OR 0.1263 ACRES LOT 34 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3199 185397.10 1674916.21 0.00 N 88°15'41" W 55.02 3198 185398.77 1674861.21 55.02 N 00°05'4811 E 90.06 3145 185488.83 1674861.36 145.08 S 88°14'13 11 E 55.02 3144 185487.14 1674916.36 200.11 S 00°05'48 11 W 90.04 3199 185397.10 1674916.21 290.14 Closure Error Distance> 0.0035 Error Bearing> N 11°09'56'1 E Closure Precision> 1 in 82208.2 Total Distance> 290.14 LOT AREA: 4953 SQ FT OR 0.1137 ACRES • Lot Report OS/27/2004 11,50 CRD File> p,\2002\02055\carlson\02055.crd LOT 35 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3143 l85485.44 l67497l.36 0.00 S 00°05 1 48 11 W 90.01 3203 185395.43 1674971.21 90.01 N 88°15'4111 W 55.03 3199 185397.10 1674916.21 145.04 N 00°05'48 11 E 90.04 3144 185487.14 1674916.36 235.07 S 88°14'13" E 55.03 3143 185485.44 1674971.36 290.10 Closure Error Distance> 0.0066 Error Bearing> S 05°49'1911 E Closure Precision> 1 in 44146.2 Total Distance> 290.10 LOT AREA, 4951 SQ FT OR 0.1137 ACRES LOT 36 OF BLOCK 1 PNTIF BEARING 3140 DISTANCE NORTHING 185417.68 N 88°14'57" W 90.04 3205 185420.'43 N 00°05'48'1 E 65.01 3143 185485.44 S 88°14'13" E 57.01 3142 185483.69 EASTING 1675061.24 1674971.25 1674971.36 1675028.34 STATION 0.00 90.04 155.05 212.06 RADIUS, 34.00 LENGTH, 52.42 CHORD, 47.38 DELTA, 88°20' 01" CHORD BRG: S 44°04'13" E PC-R: S 01°45'47" W PT-R: N 89°54 '12" W RADIUS POINT, 3101 185449.70,1675027.30 3141 185449.65 1675061.30 264.48 S 00°05'48" W 31.97 3140 185417.68 1675061.24 Closure Error Distance> 0.0067 Error Bearing> N 42°19'15 11 E Closure Precision> 1 in 44200.0 Total Distance> 296.45 LOT AREA, 5619 SQ FT OR 0.1290 ACRES 296.45 Lot Report OS/27/2004 12:29 CRD File> p:\2002\02055\carlson\02055.crd LOT 37 OF BLOCK 1 PNT#. BEARING DISTANCE NORTHING EASTING STATION 3139 185367.66 1675061.16 0.00 N 88°14'57" W 90.04 3204 185370.41 1674971.16 90.04 N 00°05 '48" E 50.02 3205 185420.43 1674971.25 140.06 S 88°14'57" E 90.04 3140 185417.68 1675061.24 230.10 S 00°05'48" W 50.02 3139 185367.66 1675061.16 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 38 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3138 1853l7.64 1675061.07 0.00 N 88°14 1 5711 W 90.04 3206 185320.39 1674971. 08 90.04 N 00°05 1 48 11 E 50.02 3204 185370.41 1674971.16 140.06 S 88°14 1 57" E 90.04 3139 185367.66 1675061.16 230.10 S 00°05 1 48" W 50.02 3138 185317.64 1675061.07 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 39 PNT# BEARING 3137 OF BLOCK 1 DISTANCE NORTHING 185287.63 EASTING 1675061.02 STATION 0.00 RADIUS, 34.00 LENGTH, 54.38 CHORD, 48.77 DELTA,91038'32" CHORD BRG: S 45°SS'04!! W PC-R: N 89°54'12" W PT-R: N 01°44'19" E RADIUS POINT, 3108 185287.69,1675027.02 3136 185253.70 1675025.99 54.38 N 88°15'41" W 55.05 3135 185255.37 1674970.97 N 00°05'48" E 65.02 3206 185320.39 1674971.08 S 88°14'5711 E 90.04 3138 185317.64 1675061.07 S 00°05'48 11 W 30.01 3137 185287.63 1675061.02 Closure Error Distance> 0.0012 Error Bearing> S 72°50'04" E Closure Precision> 1 in 239615.3 Total Distance> 294.49 LOT AREA, 5585 SQ FT OR 0.1282 ACRES 109.43 174.45 264.48 294.49 Lot Report OS/27/2004 12,41 CRD File> p,\2002\02055\carlson\02055.crd LOT 40 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3135 185255.37 1674970.97 0.00 N 88°15 1 41" W 50.02 3134 185256.89 1674920.97 50.02 N 00°05'48 11 E 90.04 3201 185346.93 1674921.12 140.06 S 88°15'41" E 50.02 3200 185345.41 1674971.12 190.08 S 00°05'48" W 90.04 3135 185255.37 1674970.97 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA, 4502 SQ FT OR 0.1033 ACRES LOT 41 OF BLOCK i PNT# BEARING DISTANCE NORTHING EASTING STATION 3134 185256.89 1674920.97 0.00 N 88°15 1 41 11 W 50.02 3133 185258.41 1674870.97 50.02 N 00°05 1 48" E 90.04 3202 185348.44 1674871.13 140.06 S 88°15 1 41 11 E 50.02 3201 185346.93 1674921.12 190.08 S 00°05 1 48 11 W 90.04 3134 185256.89 1674920.97 280. 12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA, 4502 SQ FT OR 0.1033 ACRES LOT 42 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3133 185258.41 1674870.97 0.00 N 88°15'4111 W 50.02 3132 185259.92 1674820.98 50.02 N 00°05'48" E 90.04 3196 185349.96 1674821.13 140.06 S 88°15 '41 11 E 50.02 3202 185348.44 1674871.13 190.08 S 00°05 '48 11 W 90.04 3133 185258.41 1674870.97 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA: 4502 SQ FT OR 0.1033 ACRES LOT 43 OF BLOCK i PNT# BEARING DISTANCE NORTHING EASTING STATION 3132 185259.92 1674820.98 0.00 N 88°15'41" W 50.02 3131 185261.44 1674770.98 50.02 N 00°05'48 11 E 90.04 3197 185351.48 1674771.13 140.06 S 88°15'41 11 E 50.02 3196 185349.96 1674821.13 190.08 S 00°05'48" W 90.04 3132 185259.92 1674820.98 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA: 4502 SQ FT OR 0.1033 ACRES • LOT 44 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING S.TATION 3131 185261.44 1674770.98 0.00 N 88°1S'41" W 50.02 3130 185262.96 1674720.98 50.02 N 00°05'48" E 90.04 3193 185353.00 1674 721.13 140.06 S 88°15'41" E 50.02 3197 185351.48 1674771.13 190.08 S 00°05 '48" W 90.04 3131 185261.44 1674770.98 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA: 4502 SQ FT OR 0.1033 ACRES • LOT 45 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3130 185262.96 1674720.98 0.00 N 88°15'41" W 50.02 3129 185264.48 1674670.98 50.02 N 00°05'48" E 90.04 3188 185354.51 1674671.14 140.06 S 88°15'41" E 50.02 3193 185353.00 1674721.13 190.08 S 00°05'48" W 90.04 3130 185262.96 1674720.98 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA, 4502 SQ FT OR 0.1033 ACRES • LOT 46 OF BLOCK 1 PNT# BEARING DISTANCE NORTHING EASTING STATION 3129 185264.48 1674670.98 0.00 N 88°15 1 41 11 W 50.02 3128 185266.00 1674620.99 50.02 N 00°05 1 48 11 E 90.04 3189 185356.03 1674621.14 140.06 S 88°15 1 41 11 E 50.02 3188 185354.51 1674671.14 190.08 S 00°05 1 48 11 W 90.04 3129 185264.48 1674670.98 280.12 Closure Error Distance> 0.0000 Total Distance> 280.12 LOT AREA, 4502 SQ FT OR 0.1033 ACRES , LOT 47 PNT# BEARING 3128 OF BLOCK i DISTANCE N 88°15'41" W 35.09 NORTHING 185266.00 EASTING 1674620.99 • STATION 0.00 3127 185267.06 1674585.91 35.09 RADIUS: 25.00 LENGTH: 38.56 CHORD: 34.85 DELTA: 88°23'01" CHORD ERG: N 44°04'10" W PC-R: N 01°44'19" E PT-R: S 89°52'40" E RADIUS POINT: 3126 185292.05,1674586.67 3125 185292.10 1674561.67 73.66 N 00 0 07'20 '1 E 65.73 3190 185357.83 1674561.81 S 88°15'41'1 E 59.36 3189 185356.03 1674621.14 S 00°05'48" W 90.04 3128 185266.00 1674620.99 Closure Error Distance> 0.0104 Error Bearing> N 49°36'32" W Closure Precision> 1 in 27775.1 Total Distance> 288.78 LOT AREA: 5218 SQ FT OR 0.1198 ACRES 139.39 198.75 288.78 · ' LOT TRACT A OF PNT# BEARING 3166 N 88°14'13" W 3167 S 61°00'13" W 3100 RADIUS, 76.00 , BLOCK 1 DISTANCE NORTHING 185516.58 71.21 185518.77 41.89 185498.46 LENGTH, 64.11 CHORD, EASTING 1675193.41 1675122.23 STATION 0.00 71. 21 1675085.59 113.10 62.22 DELTA, 48°19'43" CHORD BRG: N 64°04 1 2211 W PC-R: S 50 0 05'29 11 W PT-R: S 01°45'47 11 W RADIUS POINT, 3101 185449.70,1675027.30 3165 185525.67 1675029.64 177.21 N 89°14'13 11 W 7.39 3164 185525.90 1675022.25 N 00007'20 n E 90.04 3168 185615.93 1675022.44 S 98°14'13" E 171.21 501 185610.67 1675193.57 S 00°05'48" W 94.09 3166 185516.58 1675193.41 Closure Error Distance> 0.0031 Error Bearing> N 65°11'18 11 W Closure Precision> 1 in 173735.5 Total Distance> 539.93 LOT AREA, 16674 SQ FT OR 0.3828 ACRES 184.60 274.63 445.85 539.93 'I WHEN RECORDED RETURN TO: Nelson Legal Services, P.S. 102 North Meridian P.O. Box 217 Puyallup, Washington 98371 DECLARA TION OF DRAFT COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR THE COMMUNITY OF BROOKEFIELD DRAFT TABLE OF CONTENTS FOR DECLARA TION OF COVENANTS, CONDITIONS, RESTRICTIONS EASEMENTS AND RESERVA TIONS OF BROOKEFIELD SECTION & DESCRIPTION PAGE NUMBER ARTICLE 1 Definitions......................... ................................................................... 4 ARTICLE 2 Management Rights of Declarant During Development of the Property ............................................. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 ARTICLE 3 Deed and Dedication of Common Areas........................................................ ... 8 ARTICLE 4 Deed and Dedication of Easements.............................................................. ... 8 ARTICLES Administration and Use of Common Areas & Common Maintenance Areas...... ... .... .................... ......... ............ ...... ... ...... 9 ARTICLE 6 Maintenance of Common Areas & Common Maintenance Areas & Delegation of Management. .......................................................................... 11 ARTICLE 7 Assessments.......................................................................................... 13 ARTICLE 8 Maintenance of Lots............ ...................................................................... 17 DRA.fT BROOKEFIELD CC&Rs Page 2 Brookefield.PlaLCC&R's.061104.doc SECTION & DESCRIPTION PAGE NUMBER ARTICLE 9 Homeowners Associ ati on. . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . .. . .. .. .. . . .. .. .. .. . .. . .. . . . . . . .. .. . .... 18 ARTICLE 10 Management By Board.................. ...................... ........... ................ ..... ...... 19 ARTICLE 11 Land Use Restrictions .......................... ;................................................... 22 ARTICLE 12 Building Restrictions ................................................................................. 27 ARTICLE l3 Utilities................................................................................................ 29 ARTICLE 14 Architectural Control ................................................................................. 29 ARTICLE 15 Condemnation....................................................................................... 33 ARTICLE 16 Mortgagees'Protection.............................................................................. 34 ARTICLE 17 General Provisions.................................................................................. 35 EXHIBIT "A" Legal Description of Plat............................................................................ 39 BROOKEFIELD CC&Rs Page 3 Brookefield.Plat.CC&R's.061104.doc DECLARA TION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR BROOKEFIELD KING COUNTY RECORDING NO. THIS DECLARATION is made on the date hereinafter set forth by SBI Developing, LLC, a Washington Limited Liability Company, ("Declarant"), who is the owner of certain real property situated in the state of Washington, county of King, known as "BROOKEFIEW" which is more particularly legally described on the attached Exhibit "A". In order to insure preservation of the high quality residential environment at BROOKEFIELD, Declarant agrees and covenants that the land described on the attached Exhibit "A", and such improvements as are now existing or hereafter constructed thereon will be held, sold and conveyed subject to and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portions thereof and shall inure to the benefit of each owner thereof and to the benefit of the Brookefield Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE 1 DEFINITIONS For purposes of the Declaration and the Articles of Incorporation and the Bylaws of the Brookefield Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1.1. "Association" shall mean and refer to the Brookfield Homeowners' Association, a Washington non-profit corporation, its successors and assigns. BROOKEFIELD CC&Rs Page 4 BrookefieJd.PJat.CC&R's,0611 04.doc h.h Section 1.2. the Association. fdifr/4Fr "Member" shall mean every person or entity who holds membership in Section 1.3. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 10. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the Development Period, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article 2 unless the language or context clearly indicates otherwise. Section 1.4. "Properties" shall mean and refer to the real property described with particularity in Exhibit"A". Section 1.5. "Common Areas" & "Common Maintenance Areas" shall mean and refer to all of the real property (including the improvements thereto) owned, maintained or leased by the Association, or in which the Association has an easement for the common use and enjoyment of the members of the Association, including but not limited to tracts and easements dedicated to the Association on the face of the Plat and/or in this Declaration. Section l.6. "Tract" shall mean and refer to the following: (a) Tract A to be owned and maintained by the Association for storm detention purposes. Ownership and maintenance (including all private storm drain and detension facilities) of said Tract shall be the responsibility of the Homeowners' Association. In the event that the Homeowners' Association is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in the plat of Brookefield shall assume and have an equal and undivided ownership interest in the tracts previously owned by the Homeowners' Association and have the attendant financial and maintenance responsibliites. Section l.7. "Lot" shall mean anyone of the 47 lots numbered 1 through 47 of Brookefield. Tracts, Common Areas and Common Maintenance Areas shall not be regarded as Lots; Section 1.8. "Declarant" shall mean and refer to SBI Developing, LLC, a Washington limited liability company. Section l.9. "Architectural Control Committee", "Committee" or"ACC" shall mean and refer to the committee duly appointed or elected as provided in Article 14 of this Declaration, hereinafter referred to as the "Committee"; Section l.1O. "Development Period" shall mean and refer to that period of time as defined in Article 2 of this Declaration; . BROOKEFIELD CC&Rs Page 5 Brookefield.Plat.CC&R's.061104.doc Section 1.11. "Plat" shall mean and refer to the Plat of Brookefield as approved and recorded in King County, Washington as descibed in Exhibit "A"; Section 1.12. "Residence" shall mean and refer to buildings occupying any Lot; Section 1.13. "Owner" or "Lot 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 Property (but excluding those persons or entities, such as real estate contract sellers, having record title merely as security for the performance of an obligation, or the Purchaser under a real estate contract prior to the issuance of the fulfillment deed for the contract; Section 1.14. "Federal Mortgage Agencies" shall mean those federal agencies which may have an interest in the properties, such as the Federal Housing Administration, the Veterans Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the successors to their interests. Section 1.15. "First Mortgagee" shall mean a lender who holds the first mortgage on a lot and who has notified the Association in writing of its holdings. Section 1.16. "Declaration" shall mean the covenants, conditions and restrictions and all other provisions set forth in this Declaration, as they may from time to time be amended. Section 1.17. "Mortgage" shall incude a deed of trust or other security instrument. ARTICLE 2 MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT OF THE PROPERTY Section 2.1. The Property. The real property which is made subject to this Declaration is described on Exhibit "A". Section 2.2. Management by the Declarant. Development Period shall mean that period of time from the date of recording of the Declaration until (a) the date five (5) years from the date of recording this Declaration or (b) the thirtieth (30th) day after the Declarant has transferred title to the purchasers of Lots representing one hundred percent (100%) of the voting power of all Lot Owners as then constituted (so that Declarant no longer is entitled to vote either as a Class A or Class B member of the Association pursuant to Article 9, Section 3) or (C) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article 2 by written notice to all Owners, whichever date first occurs. Notwithstanding anything in this Declaration to the contrary, until termination of the Development Period, either upon the sale of the required number of Lots, the expiration of BROOKEFIELD CC&Rs Page 6 Brookefield.Plat.CC&R's.06! I04.doc five (5) years, or at the election of the Declarant, the Property and the Association shall be managed at the sole discretion of the Declarant; Section 2.3. Notice to Owners. Not less than ten (10) nor more than thirty (30) days prior to the termination of the Development Period, the Declarant shall give written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five (5) Lots shall constitute a quorum. The Board of Directors and the officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Proper notice shall be deemed to have been sent if said notice is sent in the manner described as proper notification in the Bylaws of the Association; Section 2.4. Appointment of Temporary Board. Declarant may, in Declarant's sole discretion, and at such times as the Declarant deems appropriate (including in the Articles of Incorporation of the Association, if the Declarant is the Incorporator of the Association), appoint three (3) to five (5) persons who may be Lot Owners, or are representatives of corporate entities or other entities which are Lot Owners, as a Temporary Board. This Temporary Board shall be for all purposes, the Board of Directors of the Association, and shall have full authority, after approval is granted by the Declarant, (including the authority to adopt or amend the initial or subsequent Bylaws of the Association) and all rights, responsibilities, privileges and duties to manage the Property under this Declaration and shall be subject to all provisions of this Declaration, the Articles and Bylaws. After selecting a Temporary Board, the Declarant, in the exercise of the Declarant's sole discretion, may at any time terminate the Temporary Board and reassume the Declarant's management authority under Article 2 or select a new Temporary Board under this section of Article 2; Section 2.5. Declarant Authority If No Temporary Board. So long as no Temporary Board is managing the Property or until such time as the first permanent Board is elected, should Declarant choose not to appoint a Temporary Board, Declarant or a managing agent selected by Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not limited to, enacting reasonable administrative rules (and a fine and due process system for violations thereof), contracting for required services, obtaining property and liability insurance, collecting and expending all assessments and Association funds, and enforcing this Declaration (including foreclosing any liens provided by this Declaration). Any such managing agent or the Declarant shall have the exclusive· right to contract for all goods and services, payment for which is to be made from any monies BROOKEFIELD CC&Rs Page 7 Brookefield.PlaLCC&R's.Q61I 04.doc l collected from assessments. In the event that Association expenses exceed assessments, any monies provided by the Declarant for Association expenses that would otherwise be paid for out of Association assessments shall be considered a loan to be repaid to the Declarant through regular or special assessments from the Association, together with interest at twelve percent (12%) per annum; Section 2.6. Purpose. These requirements and covenants are made to insure that the Property will be adequately administered in the initial stages of development, and to any future additions, and to insure an orderly transition to Association operations. Acceptance of an interest in a Lot evidences acceptance of this management authority in the Declarant; and, Section 2.7. Management Authority of Declarant. Declarant shall have the management authority granted by this Article 2 notwithstanding anything in this Declaration to the contrary. Declarant, as the Incorporator of the Association, may cause the Association to be incorporated, the Temporary Board to be appointed either in the Articles of Incorporation of the Association or by separate written instrument, to terminate the Temporary Board and reassume the Declarant's management authority under this Article 2, reappoint successor Temporary Boards, or take any other action permitted by this Article 2, all without affecting the authority given to the Declarant by this Article 2 to manage the Property and to organize the Association at the Declarant's sole discretion. ARTICLE 3 DEDICATION OF TRACTS Section 3.1. Dedication of Common Areas. Upon recording this Declaration, the Declarant hereby grants, transfers, quit claims and conveys to the Association for the purposes as set forth on the face of the Plat, Tract "A" the storm detention facility, reserving, however, to the Declarant for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the Development Period, at which time this reservation shall cease and then be of no further force and effect. ARTICLE 4 DEED AND DEDICATION OF EASEMENTS Section 4.1. Conveyance of Easements. Declarant hereby grants, transfers, quit claims and conveys to Association, utility providers and certain benefited lots for the use and enjoyment of the Association and the Owners all easements as shown on the face of the Plat, including drainage easements, and all easements created herein. Private drainage, private access and private utility easements as described in Easement Notes No.2 through 19 are BROOKEFIELD CC&Rs Page 8 Brookefield.Plat.CC&R's.061104.doc reserved for the benefit of Lots therein described and said benefited lots shall be responsible for the maintenance of said easements and the facilities installed therein. Nonexclusive perpetual easements running with the land are hereby reserved on each Lot over, under and across the utility easements as shown on the face of the Plat. Easements are hereby reserved for and granted to the City of Renton and King County Water District No. 90 and/or their assigns, and to all applicable public utilities as depicted and described on the Plat. Additional utility and other easements may also be recorded if required by governmental authorities having jurisdiction. Within the boundaries of said public utility easement areas no structure, planting of trees or other materials shall be placed or permitted to remain as per the Plat conditions. The easement areas and all improvements thereon shall be maintained by the Owner of the Lot, except as to utility service improvements located therein, which are the responsibility of the utility entity owning such improvements. Subject to the foregoing, fencing and landscape plantings are permitted within the easement area as per the Plat conditions. Said easements are reserved to and for the benefit of the Association, and may be assigned and transferred by the Association to other appropriate persons or entities as deemed reasonably necessary by the Board in connection with the development of the Plat and the construction of dwelling structures on the Lots. Section 4.2. Reservation of Easement by Declarant. Declarant, SBI Developing, LLC, is hereby granted and hereby reserves unto itself, its heirs, successors and assigns a perpetual non-exclusive easement on all private roads and easements as shown on the face of the Plat retaining the right to grant utility easements to any utility providers. Section 4.3. Confirmation of Access Across Lot 15. Declarant on behalf of itself, its successors and assigns hereby approves access over, under and across Lot 15 to adjoining property to the East so long as permitted by the City of Renton. Declarant for itself, its successors and assigns hereby covenants and agrees to make no objection to the use of Lot 15 for that purpose or for any other permitted by law including, without limitation, development as a residential building site. ARTICLE 5 ADMINISTRA TION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS Section 5.1. Owner's Easements of Enjoyment. Every Owner shall have a 1I47th right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract purchaser), to every Lot subject to the following provisions: (a) The right of the Declarant or the Association to establish use and operation standards for all Common Areas to be binding upon all Association members along with enforcement standards; BROOKEFIELD CC&Rs Page 9 Brookefield.Plat.CC&R's.061104.doc (b) The right of Declarant (during the Development Period) or the Association (after the Development Period) to suspend an Owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid and for a period, not to exceed sixty (60) days, for any, and each separate, infraction of its published rules and regulations; (c) The right of the Declarant (during the Development Period) or the Association (after the Development Period) to dedicate or transfer all or any part of the Tracts or Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Association, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Tracts or Common Areas pursuant to this Section may be made by the Declarant in the Declarant's sole discretion. After the Development Period, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by the Owners of two- thirds (2/3) of the Lots, has been recorded; (d) Any Owner may delegate their right of enjoyment to the Common Areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section 5.2. Insurance. Nothing shall be done or kept in any Common Areas which will increase the rate of insurance on the Common Areas or other Lots or Improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Areas which will result in the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws or ordinances. Section 5.3. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Board. There shall be no construction of any kind within the Common Areas except that community improvements may be constructed if two- thirds (2/3) of the members of the Association authorize (1 ) the construction of such improvements and (2) assessments for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any Common Areas or Common Maintenance Areas, which the Declarant in Declarant's sale discretion, deems for the benefit and enhancement of said areas and the Association in general; Section 5.4. Dumping in Common Areas or Common Maintenance Areas. No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste (as defined in federal, state or local law or regulation) shall be dumped, deposited or placed on any Common Areas, Common Maintenance Areas or Easements. The BROOKEFIELD CC&Rs Page 10 Brookefield.PJat.CC&R's,061104.doc Declarant, (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy; Section 5.5. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right-of-way easements, or other easements as delineated on the Plat except as deemed appropriate by the Board. This Section shall not prohibit the Association from installing additional improvements or landscaping within the designated Common Areas or Common Maintenance Areas, nor shall this Section prohibit the installation of fences by Lot Owners on property lines as may be otherwise allowed in this Declaration, nor shall this Section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending up to the edge of the curb or sidewalk in the public right-of-way as further set forth in Article 11, Section 13 of this Declaration. ARTICLE 6 MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS DELEGATION OF MANAGEMENT Section 6.1. Maintenance of Common Areas. Maintenance of the street lights located within the plat of Brookefield, any other common areas as shown on the Plat, and all improvements thereon, shall be the sole responsibility of the Association and shall include, but not be limited to, maintenance of the Common Areas and Common Maintenance Areas. Notwithstanding anything in this declaration to the contrary, the obligation to maintain and pay for the power used for the street lights within the plat of Brookefield, may not be amended by the Declarant or Association without the written consent of the City of Renton or its' successor in interest. All maintenance of Lots and Residences located on the Property shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interests of all Owners. The Association shall maintain and regulate the use of the Common Areas for the benefit of each Lot within the Plat and shall do all reasonable things necessary to preserve and maintain the Common Areas for the purpose intended. It shall be the responsibility of the Association to maintain anything that is delineated under Article 1, Section 1.5, and any improvements thereon to preserve the value of said Tracts for the use and enjoyment of the Members of the Association in accordance with all restrictions and limitations established for said Tracts through this Declaration, the regulations and ordinances of King County, Washington, and all other applicable statutes and regulations. The Declarant, during the Development Period, and the Board following the Development Period, shall have the exclusive right to establish use and operation standards for said Common Areas to preserve the value and desirability of said Common Areas for the enjoyment of the Members of the Association. Notwithstanding the foregoing, all costs and BROOKEFIELD CC&Rs Page 11 Brookefield.PlaLCC&R's.061104.doc expenses paid by the Declarant in connection with the maintenance and operation of the Common Areas shall be reimbursed by the Association from the initial general assessments described in Article 7 below; Section 6.2. Association to Maintain. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. Section 6.3. Repair of Common Areas and Common Maintenance Areas. Any damage to the Common Areas or Common Maintenance Areas or improvements thereon, including landscaping plantings, street lights, berms, etc., by the Owners or their children or guests shall be repaired within one (1) week by the Owners who (or whose children or guests) caused the damages. If the damage cannot reasonably be repaired within one (1) week, the time for the Owner to repair the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be charged interest at the rate of twelve percent (12%) per annum on the payment due, the payment due shall be a personal liability of the Owner and the amount of the payment due shall be a lien on the Owner's Lot; Section 6.4. Landscape Maintenance. It shall be the responsibility of the Association to maintain the landscaping and entry monuments located at the entrance into Brookefield, if any, and any landscaping improvements installed on the Tracts or easement areas owned or administered by the Association. Section 6.5. No Improvements in Easements or Tracts. The Association shall not permit any structures, filling, grading or obstruction to be placed beyond the building setbacks as provided for in this Declaration or within the Tracts which are in violation of any applicable regulation or ordinance of King County. No decks, patios, out buildings, or overhangs shall be permitted beyond the building setback line, except as provided for in this Declaration. Section 6.6. Management. Each Owner expressly covenants that the Declarant, (during the Development Period) and the Board thereafter, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the Common Areas and Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management may be terminable by the Association without cause upon ninety (90) days written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is BROOKEFIELD CC&Rs Page 12 Brookefield.Plat.CC&R's.061104.doc bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner upon request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner. ARTICLE 7 ASSESSMENTS Section 7.1. Obligation of Owners. Each Owner of any Lot, by acceptance of a deed thereof, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments in such amounts as may be detennined by the Board as necessary to satisfy the estimated common expenses for the common areas and,other property of the Association. The amount of the common expenses shall be pro-rated equally among all Lots; (2) special assessments for capital improvements; (3) a one-time initial assessment of $500.00 payable to Declarant, representing each Lot Owner's pro-rata share of reimbursement to the Declarant for such sums advanced by the Declarant for Plat improvements, landscaping, lighting, signage, fencing, etc., plus (4) a sum representing the overhead of Declarant for advancing and/or overseeing and directing the same in amount representing fifteen percent(l5%) of such sums actually advanced by the Declarant, plus interest at the rate of twelve percent (12%) per annum accruing thereon from the date advanced until full reimbursement is paid to the Declarant, and (5) any assessments made by the Declarant pursuant to this Declaration. No assessments shall be due and payable by Declarant. If the Owner of any Lot fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the Development Period), the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred in attempting to collect the assessment, shall be a lien on the owner's lot and shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner's successors in ownership of the Lot unless expressly assumed by the successor(s). The Association shall record with the King County Recording Officer an acknowledged affidavit setting forth the facts of the assessment and the delinquency and such recorded affidavit shall constitute lien on the owner's lot until discharged either by payment or foreclosed as provided for in this Declaration; Section 7.2. Pumose of Assessments. The assessments levied by the Association shall be used exclusively to (a) promote the recreation, health, safety and welfare of the residents of the Property, and (b) for the improvements and maintenance of the Common Areas and Common Maintenance Areas as provided in Article 6, with the amount based upon the estimated costs as well as reasonable provision for reserves; Section 7.3. Annual Assessments. Until December 31,2003, the annual assessment shall be $200.00 per Lot except those Lots exempted in Section 1; up to twenty-five percent BROOKEFIELD CC&Rs Page 13 Brookefield.PlaI.CC&R's,061104.doc (25%) of which may be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association (or up to fifty percent (50%) if a professional management firm is hired by Declarant. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularity in the Bylaws of the Association. The balance of the annual assessment shall be used by the Declarant during the Development Period and by the Association thereafter for maintenance, repair and other purposes permitted by this Declaration, with reasonable provision for reserves. The annual assessment may be increased (after December 31, 2004) during the Development Period to reflect the increased (1 ) maintenance costs, (2) repair costs, or (3) Plat management costs. All increases during the Development Period must directly reflect increase in the above recited costs. During the Development Period, the Declarant shall have the authority to reduce the annual assessments if economic data supports such a reduction because of reduced maintenance costs or other anticipated Association expenses. (a) After the Development Period expires, the annual assessment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Section 3(b) of Article 7 of this Declaration. (b) After the Development Period expires, the annual assessment may be increased by more than ten percent (10%) over the previous year's maximum annual assessment only if two-thirds (2/3) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase. (c) After the Development Period expires, the Board of Directors shall fix the annual assessment in accord with the above-recited standards. Section 7.4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association (or during the Development Period, the Declarant) may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose for defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not prohibited by this Declaration, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding $5,000.00 shall have the assent of two-thirds (2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose. This $5,000.00 threshold shall be increased by five percent (5%) each year commencing in January, 2003. Only one such special assessment of any kind may be levied in any fiscal year and only one such assessment may be levied in any fi ve year period for any project that is a continuation of a project for which there has previously been a special assessment. BROOKEFIELD CC&Rs Page 14 Brookefield.Plat.CC&R's.061104.doc Section 7.5. Notice and Ouorum for any Action of the Association. Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking action by the Association as authorized by this Declaration shall be sent to all members not less than fourteen (14) days nor more than sixty (60) days in advance of the meeting, and in such manner as may be specified by the Bylaws of the Association. At the first meeting called, the presence of sixty percent (60%) of the members of the Association or of proxies entitled to cast sixty percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. In the event that a quorum is still not achieved at the second meeting, then the Declarant, during the Development Period, and the Board thereafter, shall have the sole and exclusi ve authority to initiate a special assessment and carry out the capital improvements more fully described in Section 7 herein without first obtaining the approval of the required number of members of the Association. Section 7.6. Uniform Rate of Assessment. Both the annual and special assessments must be fixed at a uniform rate for all Lots, provided, however, that any Lot owned by the Declarant shall not be subject to any assessments or charges described in this Declaration. Assessments shall be collected on a monthly, bi-monthly, quarterly, annual, or one-time basis as determined by the Declarant during the Development Period or by the Board for periods thereafter. Section 7.7. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence immediately upon the closing of the sale of a home (sale of a Lot is excluded) to the initial purchaser or upon the initial occupation of the home, whichever occurs earlier. The first annual assessment for each Lot owner shall be pro-rated from the day that the sale closed (or the home was occupied) through the first day of the first month after the calendar month in which the Declaration is recorded. After the Development Period expires, the Board of Directors of the Association shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association, or its agent, shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 7.8. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during the Development Period, or the Association thereafter,. or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all BROOKEFIELD CC&Rs Page 15 Brookefield.PlaLCC&R's.061104.doc methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section shall be in favor of the Declarant or the Association, as applicable, and each shall have the power to bid in an interest at a foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or in enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided in this Article by non-use of the Common Areas, Common Maintenance Areas or abandonment of his or her Lot. The Association shall have the right to suspend the voting rights and enjoyment of Common Areas of an Owner for any period during which any assessment against the Lot remains unpaid thirty (30) days after it is delinquent and for a period not to exceed sixty (60) days per infraction for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association, or of any official, published rules and regulations of the Association. Section 7.9. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust ("first mortgage"). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, or the first mortgage holder's acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall (a) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (b) shall relieve the delinquent Owner from personal liability for the amount of the payments which became due prior to such sale or transfer and ihe costs and attorney's fees. Section 7.10. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Property and Lots within the plat of Brookefield owned by the Declarant, and all Common Areas, shall be exempt from any and all assessments provided for in this Declaration. This Section shall apply notwithstanding any other provision to the contrary in this Declaration. Section 7.11. Management by Declarant During the Development Period. Declarant, at its option, shall have and may exercise all of the rights and powers herein given to the Association. Such rights and powers are reserved by the Declarant, its successors and assigns as provided in Article 2. Declarant shall have the right and option to assess Owners for actual costs in maintaining Common Areas, Common Maintenance Areas and rights-of-way and to assess a Plat management fee during the development period. BROOKEFIELD CC&Rs Brookcfield.Plat.CC&R '5.0611 04.doc Page 16 ARTICLES MAINTENANCE OF LOTS Section 8.1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. Each Lot owner whose property contains a perimeter fence installed by the Declarant shall be responsible for maintenance of any portion of the perimeter fence that runs along their Lot boundary. All landscaping areas, including landscaping extending into the right-of-way, shall be regularly maintained and trimmed to present a clean, neat and well-maintained appearance. All refuse shall be kept in sanitary containers screened from the view of any Lot; the containers shall regularly be emptied and the contents disposed of off the Property. No grass cuttings, leaves, limbs, branches and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Property, except that a regularly tended compost device shall not be prohibited. Section 8.2. Vehicle Parking and Storage. No Vehicle may be parked on any sidewalk areas or building Lots, except on driveways or parking areas which areas shall be hard-surfaced. Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shall not exclude parking of up to two (2) automobiles owned or used by the Lot Owner on the driveway areas adjacent to the garages on the Lot. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from the view of adjacent rights-of-way and Lots. Screening of such Vehicles must have the approval of the Committee. Upon 48 hours' notice to the Owner of an improperly parked Vehicle, the Board has the authority to have towed, at the Owner's expense, any Vehicles, (except automobiles owned or used by the Lot Owners and their invitees and parked on the driveway areas or in the garage on the Lot), still visible from the right-of-way or adjacent Residences that have been parked on any Lot or within the right-of-way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a Vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section 8.3. Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purposes of going upon the Lots of Owners for the purpose of removing Vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. BROOKEFIELD CC&Rs Page 17 Brookefield.PJaLCC&R's.06 J I04.doc Section 8.4. Lot Maintenance by the Association. In the event that an Owner shall fail to maintain the exterior of his premises and the improvements situated th.ereon in a manner consistent with the maintenance standards of the Brookefield community, including maintenance of landscaping required in the adjacent right-of-way as set forth in Section 11.13, the Board shall, upon receipt of written complaint of any Owner and the subsequent investigation which verifies the complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within forty-five (45) days after mailing notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for reasonable expenses, labor and materials furnished, which lien may be enforced in the manner provided by this Declaration for enforcement of liens for assessments. Section 8.5. Enforcement During the Development Period. During the Development Period, the Declarant may elect to exercise and perform the functions of the Board. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant shall appoint the Temporary Board to function as provided herein. ARTICLE 9 HOMEOWNERS' ASSOCIATION Section 9.1. Non-Profit Comoration. The Association shall be a nonprofit corporation under the laws of the state of Washington. The rights and duties of the members and of the Association shall be governed by the provisions of this Declaration, the Articles of Incorporation and Bylaws of the Association and such other Rules and Regulations as the Association may hereafter adopt. Section 9.2. Membership. Every person or entity (including Declarant) who is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to, or a real estate contract vendee's interest in, said Lot and then only to the transferee of either the title to the Lot or the vendee's interest in the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles of Incorporation and the Bylaws of the Association. Section 9.3. Voting Rights. The Association shall have two (2) classes of voting membership: Class A: Class A members shall be all Owners, with the exceptions of (i) the Declarant while the Declarant is a Class B member, and (ii) the Owners of Lots described as exempt in the Declaration. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one (I) person holds an interest in any Lot, all such persons shall be BROOKEFIELD CC&Rs Page 18 Brookefield.PlaLCC&R's,Q61104.doc members. The vote for such Lot shall be exercised as they by majOIity determine, but in no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divided. When more than one person holds an interest in any Lot, all such persons shall unanimously designate (in writing delivered to the secretary of the Association) one of the persons (owning an interest in the Lot) to vote (in person or by proxy) the vote for such Lot; Class B: Class B member(s) shall be the Declarant (as defined in.this Declaration), and shall be entitled to one thousand (1,000) votes for each Lot owned. Any remaining Class B membership shall cease and be converted to Class A membership on January 1,2006. The voting rights of any Owner may be suspended as provided for either in this Declaration, or in the Articles, or in the Bylaws of the Association. Section 9.4. Meetings. Meetings shall be conducted in accord with the Bylaws of the BROOKEFIELD Homeowners' Association. ARTICLE 10 MANAGEMENT BY BOARD Section 10.1. Expiration of the Development Period. Upon the expiration of the Declarant's management authority under Article 2, all administrative power and authority shall vest in a Board of one (1) to five (5) directors. The Association, by amendment of the Bylaws, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period under Article 2. Section 10.2. Terms. The terms which the Board members will serve are defined in the Bylaws. Section 10.3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Property, and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in a way of explanation but not limitation: (a) Insurance. At such times as the Board deems appropriate, the Board shall cause the Association to purchase and maintain as a common expense such policies of liability and other insurance as the Board deems advisable. The Board shall provide for the Association to continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for a planned unit development project established by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration and the Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot with the BROOKEFIELD CC&Rs Page 19 Brookefield.Plat.CC&R's.061 J04.doc project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and the Government National Mortgage Association. The Board shall obtain as of the date on which the first Lot is transfen·ed from the Declarant to an Owner Occupant, and shall maintain at all subsequent times, a general comprehensive liability insurance policy insuring the Board, the Association and the directors and officers of the Association against any liability to the public or to the Owners and their invitees or tenants incident to the ownership or use of the Common Area or Common Area Improvements. Said insurance shall be in an amount determined by the Board but shall not be less than $1,000,000.00 covering all claims for personal injury or death and/or property damage arising out of a single occurrence; (b) Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of Association affairs, administration of the Common Areas and Common Maintenance Areas, or the enforcement of this Declaration; (c) Maintenance. Pay from Association funds, all costs of maintaining the Common Area' and Common Maintenance Areas; (d) Maintenance of Lots. Subject to the requirements of this Declaration, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Property or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within forty-five (45) days (or such other reasonable period of time that shall be determined by the Board) after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a speCial assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance; (e) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Property or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Property rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expense, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot(s) responsible to the extent their responsibility; (f) Utilities. Pay all utility charges attributable to Common Areas and Common Maintenance Areas; (g) Security. Pay all costs deemed appropriate by the Board to insure adequate security for the Lots and Common Areas and Common Maintenance Areas constituting the residential community created on the Property; BROOKEFIELD CC&Rs Page 20 Brookefield.Plat.CC&R's.061104.doc (h) Right to Contract. Have the exclusive right to contract for goods, services, maintenance and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration; (i) Improvement of Common Areas and Common Maintenance Areas. Improve the Common Areas and Common Maintenance Areas with capital improvements to such Common Areas and Common Maintenance Areas; provided that all capital improvements are subject to the procedures set forth in this Declaration; (j) Right of Entry. Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board, at the Association's expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot). If the repairs or maintenance activities necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot; (k) Promulgation of Rules. Adopt and publish any rules and regulations governing the members and their guests and establish penalties, including fines, for any infraction thereof; (I) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board; (m) Employment of Manager. Employ a manager, an independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees; (n) Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Common Areas and Common Maintenance Areas; (0) Impose Assessments. Impose annual and special assessments; (p) Bank Account. Open a bank account(s) on behalf of the Association and designate the signatories required; and, BROOKEFIELD CC&Rs Page 21 Brookefield.PtaI.CC&R's.061104.doc (q) Exercise of Powers Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board the. authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE 11 LAND USE RESTRICTIONS Section 11.1. Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes and not for business purposes, provided, however, that within such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business, AND 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than four (4) children, in addition to those of the Owner's immediate family, are enrolled in either a part or full-time capacity in such day care AND, 5) the Owner(s) of such Lot(s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association, prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insureds AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, induding, but not necessarily limited to Vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within this Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or have an interest in such business operation to the extent permission to operate such a day care business is authorized. No other business or commercial uses are permitted except that nothing in this Declaration shall prohibit business or commercial activities within a residence which are of a nature that are not visible from the exterior of the residence and do not create any BROOKEFIELD CC&Rs Page 22 BrookefieJd.Plat.CC&R's,061104.doc unreasonable impact on the neighborhood either from traffic, parking, noise, signs, storage of materials, odors or otherwise. Section 11.2 Residential Conditions and Standards. All residential structures shall comply with the following conditions and standards: a. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, provided that a portion of the interior of said garage may be improved and/or finished for residential use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that previously provided access thereto. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residences consisting of a one story residence or a residence consisting of a basement and one story) shall contain at least 1,100 square feet. Multi-level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,300 square feet. Two story residences shall contain at least 1,300 square feet. Split-level residences shall contain at least 1,300 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. b. All front yards landscaping plans shall be submitted to the committee for approval. All front yards shall be landscaped prior to issuance of a Certificate of Occupancy. All lots shall be fully landscaped within one growing season after purchase. Section 11.3. Use of Lot Not To Interfere With Rights of Others. No Lot shall be used in a fashion which unreasonably interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 11.4. No Offensive Activity on Lots. (a) No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights the Declarant gives other Owners to use and enjoy any part of the Property. No activity or condition shall be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, except where specifically provided for said purposes by the Declarant or the Board within the community, if at all, and landscaping which is not properly maintained. The Board (or the Declarant during the Development Period) shall make the final determination of any violations of this section; and, BROOKEFIELD CC&Rs Page 23 Brookefield.Plat.CC&R's.061104.doc (b) Notwithstanding anything in Section 3(a) of this Article 11 to the contrary, during the Development Period the Declarant may permit trailers ("temporary trailers) or home(s), which may be used by the Declarant and its authorized representatives, to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. Section 11.5. Fences. As used in this Declaration "fencing" shall mean any barrier or wall other than natural living organic vegetation including trees and shrubs. Fences shall be constructed of cedar. The maximum height of any fence located on any lot shall be six (6) feet and all fences shall be set back from the front wall of the house by at least 6-S feet. Fences, walls or shrubs are permitted on side and rear property lines, up to the front wall (facade) the residential structure, the distance between the front Lot line and the front wall (fascade) at the garage of the primary Residence, subject to (1) the approval of the Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements recorded elsewhere. In no event shall any fences be allowed between the front Lot line and the front wall (fascade) of the primary Residence. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to be constructed according to the design and material specifications as approved by the Committee prior to construction. Section 11.6. No Mobiles or Trailers. No mobile or "manufactured" homes, trailers, structures of a temporary character, recreational vehicles, tent, shack, garage, bam or other outbuildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. Section 11.7. Mining. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts shall be pennitted on or in any Lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible if the storage tank is buried, any necessary permits are obtained and the storage complies with all applicable environmental laws, rules and regulations. Section II.S. Building Setbacks. No structures shall be located closer to the front line or nearer to the side street line than minimum dwelling setback lines required by relevant public zoning ordinances or by this Declaration. For the purpose of this Declaration, eaves, steps, chimneys and open porches shall not be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions BROOKEFIELD CC&Rs Page 24 Brookefield.PlaI.CC&R's.061104.doc of any zoning ordinance, or any specific setbacks as set f0!1h on the recorded Plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section 11.9. Signs. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed three square feet in area may be placed on a Lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which· may be installed by the Declarant. Political yard signs, not more than three (3) square feet in area, of a temporary nature, not to exceed sixty (60) days, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This Section 11.9 (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under Subsection (I) of Article 11 by the Declarant during the Development Period. (I) The Declarant may establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the Lots within Brookefield, the Common Areas, the Common Maintenance Areas or public rights-of-way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installations and size requirements, which theme will be the established guidelines and standards for signage in Brookefield during the Development Period. (2) During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Brookefield, including the adjacent rights-of-way. Every Owner of a Lot in Brookefield and any builder or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. (3) During the development period, any signs not specifically approved by the Declarant found anywhere within Brookefield, the Common Areas, the Common Maintenance Areas, on any lot, (or any other portion of the property identified on the attached Exhibit "A"), or on adjacent rights-of-way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Property or adjacent rights-of-way specifically includes, but is not limited to, the Declarant's right to remove any all signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. (4) No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. BROOKEFIELD CC&Rs Page 25 BrookefieJd,Pla1.CC&R's.061104,doc (5) The Board may cause any sign placed on the PropeI1y or any adjacent rights- of-way, in violation of this AI1icle ll, Section 9, to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant (see Section 9(d) of this Article 10. (6) Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Section 9 of AI1icle 11 to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions. The Declarant shall not be subject to any guidelines or standards established by Declarant for other paI1ies pursuant to this Section 11.9. (7) Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any paI1 of the construction, installation or maintenance of any signs which are placed upon any Lot not owned by the Declarant. Section 11.10. Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the Plat. No animals will be allowed to be leashed, chained or otherwise tied to any pOI1ion of the front or sides of Residences. All owners, their invitees and tenants shall comply with all governmental ordinances regarding animals on their lots or in the right-of-way and the Association or any owner may enforce, to the extent permitted by law, those governmental ordinances and regulations by means as set foI1h in this Declaration. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the Development Period, or' the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorneys' fees, costs and expenses for any action taken to collect such fines in accordance with the provisions of this Declaration. Section 11.11. Driveways. All driveways shall be paved with concrete, unless otherwise approved by the Commi ttee. Section 11.12. Delegation of Use and Responsibilities. Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Brookfield Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his propeI1y, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the BROOKEFIELD CC&Rs Page 26 8rookefield.PJat.CC&R's.061IG4.doc rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property, whether real or personal, caused by an Owner, the Owner's family, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of the damages. Section 11.13. Landscaping Standards. The entire front yard landscaping should be installed prior to occupancy (weather permitting). The entire landscaping, including the remaining portion of the side and rear yard, shall be installed within twelve (12) months of the issuance of a Certificate of Occupancy. Each Lot Owner shall be responsible for installing and maintaining the landscaping within the adjacent right-of-way. If inclement weather conditions prevent the timely installation of said landscaping improvements for either front or back yard, the Lot Owner must make application to the Committee for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all of the adjacent street right-of-way along the Lot frontage and side frontage out to the edge of the curb or sidewalk in the street. Each Lot Owner shall be responsible for installing and maintaining the landscaping within this adjacent right-of-way, except as otherwise provided above. Section 11.14. Tree Height. No tree or other vegetation shall be allowed to grow to a height of more than 25 feet above the adjacent ground unless the Committee determines that increased height would not have a material adverse affect on the view from the other lots. The Association shall specifically have the right to trim offending trees and vegetation at the Owner's expense after reasonable notice. ARTICLE 12 BUILDING RESTRICTIONS Section 12.1. Building Materials. All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of the plat of Brookefield development and whether the material would add to the attractive development of the subdivision. All roofs are to be cedar shake, concrete or masonry tile or dimensional composition with a minimum 20 year warranty. All BROOKEFIELD CC&Rs Page 27 Brookefield.PlaI.CC&R's.061104.doc siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP, Hardi Plank or equi valent, or TIll type siding of a color approved by the Committee, provided, however, that T-l11 type siding will not be allowed in the front of any residence. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping within Brookefield. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color of the exterior of any existing home within Brookefield is subject to the same approval process. Section 12.2. Maintenance of Lots During the Construction Period. Each Lot Owner, exclusive of the Declarant, shall have a responsibility to generally maintain the Lot in either a natural forested condition prior to any clearing or in a neat and clean appearance after construction commences for a Residence on said Lot. After clearing of vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot and disposed of off site within twenty (20) days. During construction of each Residence, periodic efforts shall be made by the Owner, or the Owner's construction representatives, to pick up scrap materials and other construction debris and to periodically dispose of said materials. This shall be done at least weekly. Upon completion of the construction on any Lot and prior to the occupancy of the structure, the Lot Owner shall be responsible for keeping the landscaping improvements and the structure itself in a clean and neat appearance. This shall include the responsibility for regular landscape maintenance, watering, trimming, and upkeep to present a finished, manicured appearance of said premises from the adjacent right-of-way. In the event that the Lot Owner, or Owner's construction representative(s), fails to meet the standards set forth in this Section, the Board shall have the right to complete such clean-up activity in accordance with the provisions as set forth in Article 8. Section 12.3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority, and written approval of such permits from the Committee or the Declarant, as well as plan check approval as set forth in this Declaration. Section 12.4. Codes. All construction shall conform to the requirements of applicable Building Rules and Regulations and Uniform Codes (building, mechanical, BROOKEFIELD CC&Rs Page 28 Brookefield.PlaLCC&R's.06! I04.doc plumbing and wiring), in force at the commencement of the construction, including the latest revisions thereof. Section 12.5. The Time of Completion. The exterior of any structures, including painting or other suitable finish and front yard landscaping, shall be completed within nine (9) months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 12.6. Entry for Inspection. Any agent, officer or member of the Board, Committee or (during the development period) the Declarant may, at any reasonable predetermined hour upon twenty-four (24) hour notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 12.7. Contractor. Without the prior approval of the Committee, no home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington. ARTICLE 13 UTILITIES Section 13.1. Wiring. The wiring (other than interior wiring) for buildings of any kind shall be underground. Section 13.2. Antennae. No radio or television antennae, transmitters or parabolic reflectors (except satellite dish antennae having a diameter of IS" or less) shall be pennitted unless fully screened from public view or unless approved by the Committee. Any such installations shall not be approved if, in the sole discretion of the Committee, the installation(s) will detract from the appearance of the Lot or Properties. ARTICLE 14 ARCHITECTURAL CONTROL Section 14.1. Architectural Control Committee ("Committee"). So long as the Declarant is either a Class A or Class B voting member of the Association, the Declarant shall act as the Architectural Control Committee ("act as the Committee") (even if the Development Period has ended) unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee, the Declarant shall have all authority and perform all functions given to the Committee by these Declarations and applicable law; all references to "Committee" in this Declaration shall apply to the Declarant while acting as the Committee. BROOKEFIELD CC&Rs Page 29 Brookefield.Plat.CC&R's.061104.doc If the Declarant is still a voting member of the Association but elects not to act as the Committee, then if the Development Peliod has not ended, Declarant shall appoint a Committee to function as the Committee and after the Development Period, the Board shall appoint the Committee. At such time as the Declarant is no longer a voting member of the Association, the Board shall have the authority to appoint the Committee provided for by this Article 14. The Committee, when appointed, shall consist of not less than three (3) and not more than five (5) members. Section 14.2. Jurisdiction and Purpose. The Committee or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appurtenant recreational facilities (e.g., hot tubs, basketball courts, tennis courts, swimming pools and bath houses), or other exterior structures to be placed upon the Properties. No exterior addition, structural alteration, or exterior structures of any kind may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 14.3. Membership. Except as provided in Section 1 of this Article 14, the Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 14.4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The decisions of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 14.5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members shall have no financial liability resulting from Committee actions. Members of the Committee shall be entitled to compensation for reasonable out of pocket expenses incurred in the discharge of their duties as members of the Committee. Section 14.6. Address of the Committee. The address of the Committee shall be at the registered office address of the Association. Section 14.7. Voting. Committee decisions shall be determined by a majority vote of the members of the Committee. BROOKEFIELD CC&Rs Page 30 Brookefield.Plat.CC&R's,061104.doc Section 14.8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grades; (c) The general design; (d) The interior layout; (e) The exterior finish materials and color, including roof materials; and, (f) Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating development proposals. Section 14.9. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these guidelines, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed structure (the "design elements") harmonize with (l ) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Brookefield, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The Committee shall decline to approve any design in which (1 ) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature. Committee determinations may be amended by a majority vote of Committee members. Any changes subject to review per the terms set forth herein which are undertaken without submission to the Architectural Control Committee shall be deemed to have been disapproved. The Committee has the authority to stop further work as well as the authority to have prior work undone. Section 14.10. Exclusions. The Declarant shall have the right to waive the plans and specifications review for builders in Brookefield. Any such waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration and all BROOKEFIELD CC&Rs Page 31 Brookefield.Plat.CC&R's.061104.doc structures and improvements shall meet all standards and restlictions contained in these declarations. Section 14.11. Approval Procedures. Within fourteen (14) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event that no disapproval of such plans and specifications is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the Committee members (and the Declarant) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, or non-action on any plans submitted for review. "Non-action" on the part of the Committee shall not exempt the applicant from any of the provisions of this Declaration or the restrictions articulated herein. By purchasing a Lot in Brookefield, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the Committee. Section 14.12. Compliance with CodeslEnvironmental Laws. (a) In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The Owner shall hold the Committee members (and Declarant) harmless in the event that a structure which the Committee (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the Committee or acting on behalf of the Committee, nor the Declarant acting as the Committee, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which are approved by the Committee or Declarant nor shall any member of the Committee or any person acting on behalf of the Committee or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee, or by the Declarant. (b) Neither the Declarant, the Committee, nor any member of the Committee, nor the Association, nor anyone acting on behalf of the Committee or the Association shall have any responsibility for compliance by the Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil tanks. Section 14.13. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1 ) overcome BROOKEFIELD CC&Rs Page 32 Brookefield.Plat.CC&R 's,Q611 04,doc practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1 ) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 14.14. Enforcement. The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring a suit for judicial enforcement of a determination of the Committee, or, after the Development Period, to seek an order requiring the Committee to exercise its authority, and perform its functions, under this Article 14. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article 15, Section 5). Section 14.15. CommitteelDeclarant Liability. The Association shall hold the Committee Members and the Declarant, if acting as the Committee, harmless from any actions taken (or actions not taken) under any provision of this Declaration, including, but not limited to, actions taken (or not taken) under Articles 11, 12, and 13 of this Declaration. By purchasing a Lot in Brookefield, the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of the Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the Committee under this Declaration. "Non-action" on the part of the Committee or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Dec I arati on. ARTICLE 15 CONDEMNATION Section 15.1. Partial Condemnation of Common Areas. In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be distributed to the Association; Section 15.2. Entire Condemnation of Common Areas. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. BROOKEFIELD CC&Rs Page 33 Brookefield.Plat.CC&R's.061104.doc No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party in derogation of the rights of the first mortgagee of an y Lot. ARTICLE 16 MORTGAGEES' PROTECTION Section 16.1. Mortagee Definitions. As used in this Declaration: (1) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (2) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (3) "institutional holder" means a mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency; Section 16.2. Prior Approval Of Mortgagee Before Action. The prior written approval of at least Seventy-Five Percent (75%) of the first mortgagees (based on one vote for each first Mortgage owned) of the individual Lot shall be required for any of the following: (a) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Owners Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the project, change the pro-rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards. (b) The effectuation of any decision by the Owner's Association to terminate professional management and assume self-management (however, this shall not be deemed or construed to require professional management). (c) Partitioning or subdividing any Lot. (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. Section 16.3. Further Rights of Mortgagees. Each first mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours. (b) Require the preparation of at its expense, (if preparation is required), and receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year. BROOKEFIELD CC&Rs Page 34 Brookefield.Plat.CC&R's.061104.doc , . (c) Receive written notice of all meetings of the Owners Association and be permitted to designate a representative to attend all such meetings. Section 16.4. Miscellaneous Rights of Mortgagee. First m011gagees of any Lot may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Areas, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE 17 GENERAL PROVISIONS Section 17.1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend, or remove the covenants in whole or in part. Section 17.2. Amendment. This Declaration may be amended during the development period if (a) the Declarant gives the Declarant's express written approval of the amendment in writing, and (b) the Owners of at least fifty-one percent (51 %) of the Lots (one vote per lot), including those owned by the Declarant, sign an instrument (which may be executed in counterparts) approving the amendment. This Declaration may be amended after the development period ends at any time if the Owners of at least seventy-five percent (75%) of the Lots vote (one vote per lot) to amend particular provisions of this instrument as then in effect (including any prior amendments). In no event shall any provisions expressly referring to the Declarant be amended at any time without he express written approval of the Declarant or the Declarant's successor in interest (unless the Declarant, or the Declarant's successor in interest, no longer exists). All amendments must be recorded with the office of the King County Recording Officer. Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time during the development period, amend this Declaration by an instrument signed by Declarant alone in order to satisfy the requirements of the Federal Mortgage Agencies andlor other financial institutions. Section 17.3. Certain Rights of Declarant. During the development period, there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association unless aproved by the Declarant which: (a) Discriminate or tend to discriminate against the Declarant's rights as an Owner; BROOKEFIELD CC&Rs Page 35 BrookefieJd.PlaLCC&R's.061104.doc , . (b) Change Article 1 ("Definitions") in a manner which alters Declarant's rights or status. (c) Alter the character and rights of memebership or the rights of the Declarant under this Declaration. (d) Alter previously recorded or written agreements with public or quasi-public agencies regarding easements and rights-of-way. (e) Alter Declarant's rights relating to architectural controls. (f) Alter the basis for assessments. (g) Alter the provisions of the use restrictions as set forth in this Declaration. (h) Alter the number or selection of Directors as established in the Bylaws. (i) Alter the Declarant's rights as they appear under this Article. Section 17.4. Insurance. The Association shall have no obligation to obtain any insurance on the Lots or the structures located on the Lots except as expressly provided herein. Section 17.5. Enforcement. The Association (including the Declarant on behalf of the Association), the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 17.6. Failure to Enforce. No delay or omission on the part of the Declarant, the Association, or the Owners of Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver of or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. Section 17.7. Attorney's Fees. In the event that it is necessary to seek the services of any attorney in order to enforce any (1 ) provisions of this Declaration, or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be personally obligated to pay any attorney's fees, costs or expenses incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's Lot. BROOKEFIELD CC&Rs Page 36 Brookefield.Plat.CC&R's.06II04.doc , ' . In any legal action commenced in order to enforce the provisions of this Declaration, the substantially prevailing pmty shall be entitled to recover all expense, costs and reasonable attorneys' fees including expert witness fees incurred in order to enforce the provisions of this Declaration. Section 17.S. Liens for Other Charges. This Section shall apply to all fees, charges, penalties, interest, costs, attorney's fees and other amounts assessed against an Owner or the Owner's Lot (the "other charges") including those described in Sections 3 and 4 of Article 7 of this Declaration (the "regular assessments" and "special assessments"). Unless otherwise provided in this Declaration, the other charges shall be a personal obligation of the Owner, and also a lien against the Owner's Lot(s) identical to the lien of the regular assessments. The liens upon Lots for other charges may be recorded, collected and foreclosed in the same manner as liens for regular assessments, with the costs (including reasonable attorneys' fees) of collection or foreclosure, or both, to be additional "other charges" for which the Owner shall be personally liable and which shall be a lien on the Owner's Lot enforceable as provided in this Section. Section 17.9. Interest. All assessments, penalties, liens, fines, and other charges shall bear interest, if not paid when due, at the rate of twelve percent (12%) per annum until paid in full. The interest shall accrue from the due date. Section 17.10. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 17.11. Severability. The invalidity of anyone or more phases, clauses, sentences, paragraphs or sections herein shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration to be executed this of , 2004. "DECLARANT" SBI DEVELOPING, LLC By: GARY RACCA, Managing Member BROOKEFIELD CC&Rs Page 37 8rookefield.PlaI.CC&R's.061104.doc · . . . STATE OF WASHINGTON ) ) ss. County of Pierce ) On this day personally appeared before me GARY RACCA, to me known to be the Managing Member of SBI DEVELOPING, LLC, the Limited Liability Company which executed the foregoing instrument, and acknowledged said instrument to be the Limited Liability Company's free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the Limited Liability Company. GIVEN under my hand and official seal this ___ day of ______ , 2004. Notary Public in and for the State of Washington residing at ___________ _ My Commission expires: ______ _ BROOKEFIELD CC&Rs Page 38 BrookefieJd.PlaLCC&R's.061104.doc EXHIBIT" A" LEGAL DESCRIPTION PARCEL A: The North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meidian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. By Deed recorded under Recording Number 3261892; and EXCEPT the South 160 feet of the West 330 feet. PARCEL B: The South 80 feet of the West 330 feet of the North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. PARCEL C: The North 80 feet of the South 160 feet of the West 330 feet of the North half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. By Deed recorded under Recording Number 3261892. PARCEL D: The North half of the South half of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. EXCEPT the West 30 feet thereof conveyed to King County for Amelie Shewe Road Extn. By Deed recorded under Recording Number 3261892. Al so described as: Lots 1 through 47 and Tract A, of Brookefield, as recorded under King County Recorder's File No. ___________________ _ BROOKEFlELD CC&Rs Page 39 Brookefield.Plat.CC&R's.061104,doc DEVELOPMENT CITY OF F/E~~~NING JUN -8 2004 RECEIVED First American Title Insurance Company Eagle Center, Tacoma WA. /..~ SnohoRlish Co. L", King Co. L':' Pierce Co. Li:o Thurston Co. I!iI Kitsap Co. /..'" Mason Co ..... Copies of Documents File No. 236452 i l'") ;;;F.cr· ;: 'i'Q'( \ \l;'~TON, WAsHING'l'OiIf"'''- Ill.,") • -, ~,QIlDIJj~Q,E NO. 4025 '0'(1\.(. ~ .. -,'\ AN ORDINAN~\l1i~·~$' ;ci.1y OF :U:NTON. WASHINGTON, ESTADLISHINi;-A ~~\l'OSED ASSESSME~T DISTRICT FOR SANITARY SEWER SERVICE IN THE HONEYCREEK INTERCEPTOR SERVICE AREA AND ESTABLISHING THE AMOUNT OF THE CHARGE UPCS'CONNECTION TO TeE FAC1LITIES. • .. ""tC),')o) 11 THE CITY COUNCIL OF THE CI'rY OF RENTON, WASHINGTON. DO ORDAIN AS FeLLOWS: ~ SECTION I: There is hereby created a sa.iitary sewer ". ~ service special assessment district for the Honeycreek lnte~ceptor C ~ area in the northeast q1ladrant of the City of Renton Which a.rea is ~ 00 more particularly described as ~ollows: See Exhibit "A-attached r~reto and made a part h2reof as if fully set forth herein. A map of the project area is attached a~ Exhibit ~B" and made a pa-.:-t hereof as if fully set forth.) SECTION II: Persons connecting to the sanitary. Sewer faci~ities in this Special Assessment District which properties have not been charged .,,: assessed with the cost of the sanitary sewer main. shall pay in addition t;.~ the payment of the connection permit fee and in addit~on to the general facility and trunk connection charge, the following additional fees: A. Area Charges (See Exhfblt -A-\lnd -a-) Residenc~ dwelling units, apartments or equivalents: $250.00 per d~ellinq unit Commerci~l Development: -S¢ per square foot of gross site bore a B. Front Footage Char9~~~ There is hereby created a subdistrict within the Honeycreek Interceptor Special Assessmen~ District consisting of properties fronting on Interceptor Se·.rer: CERTiF"oCAlE l.thI~ Maxine E. Motor Gl*aUha c,,~ oIlttA1Dl, ...... I',.,..~ ~ IIIilIMl It • we Indoarrectc:apfd'_.lI9:'>'lI.d"!n"Ollo"s,,,,-,NIi/·S1.o..I4>11Pi\j~:i.. __ _ -, ORDINANCE NO. 4025 The proper~ies to be assessed for front footage are more particularly des~ribed in Exhibit ·c· attached hereto and made a part hereof as if fully .set: forth. The frnnt footage charge shall be $37.1~ per frontage foct, representing $74.38 per center line foot divided equally for property fronting on each site of the center Ilne foot. gC.!!9.!:LJ.II: This Ordinance :i.s effective upon its passage, approval and thirty (3o, days after publication. PASSED BY THE CITY COUNCIL this 17th day of November, 1986. APPROVED BY T;:'!: MAYOR this 17th day of November, 1986. Approved as to form: Lawrence J. Warren, C~ty Attorney Date of Publication; November 21, 1986 -2- ~-'----~--.-.. -~ , E X H I B I 1 "A" AREA C;tARSES OlU)lNANCE NO. ~ A parcel of land ~1tuated in Sections 2. 3, 4. 9. "10 and 11 of To .... nship 23 North and Sections 33 and 34 of Township l4 Ncrth, all in Range 5 East. W.M •• more particularly des'. ~"ed as follows: BEGINNING at 11 point on the Nort~ margin of N.E. 27th $t., a150 k.nown clS S.E. 97th St. 1n said Section 4. d1s~4nt 386.4 feet east of the West line of said Section 4; thence Harth parallel to said ~est line and its extension into said Section 33 to the Thread of ~y Creek; thence Easterly along the Thread of May Creek through said Section~ 33. 34 and 3 to the West margin of 148th Ave. S.E.; thence South along said West margin to the North line of StAte Sign Rou:e 9GC, also k~~wn as S.t. RentOn Issaquah Road; theore Easterly along said road to the intersection of the East lk"e of the West quarter of said Section 2; thence South along ~41d ~ast line through Section 2 and said Section 11 to the Sout~ line of the North t,alf of said Section 1l~ thence west "long said Soutll line thl'ou~h ~ction 11 to the center of said Section 10. thence contimlin'l West along said South line of the Harth half to the East m4rgin of 138th Ave. S.E .• also known as Duvall Ave. N.E.; thence ~ortherly along said East margin to the North line of the South quarter of the North half of soid Section 10i thence West IIlong said North liJ'"le to the East margin of 132nd Ave. S.L. also known as Union Ave. N.E. i t"'ence North along said East margin to the center Hr:: of S.L 116th St .• olso kn~n as N.E. 10th St. and the Easterly extension of the South line of the Plat of BrentWOOd. Di~iston 2. as recorded in Volume 72. page 46. records of King County. Wa.; thence West along said Sou!h line to th~ Southeast cor~er of lot 10. Block 6 of said plat~ thence Northerly 41009 the East lines of lots 16 through 11 ii"lclushe to the South margin of N.E. 11th St.; thence Uorth~esterly to the South~ast corr.er of Lot lO in 811C" J of said plott; thence Northerly along the East lines of lot lO-through 1 inclusive and its edension to the North margin of N.E. 12th St .• thence West along said North mdrgin to thr Southeast CClrner of the Plat of Bomarc as rec:orcied tn Volume 59. page 69, records of said county; thence North along the East line th~reof to the North~ east corner of said plat; thence West along the North line thereof 157.71 feet to the Southeast corner of Queen Ave. right-of~way as described in Volume 3138 of Deeds on page 76 1 records of said county; thence continue West ab,.."~ said North line of said plat 170.0 feet; thence North parallel with the centerline of said Queen Ave. and its extension to the North margin of State Sign Route 900. also known as H.c. Sunset Blvd.; thence Westerly al~ng said Ncrth margin to the West line of the East 4B4.62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence No~th along said West line to th~ South line of the Plat of Honey Creek Park as recordl:d in Volume S~ Of Plats on page 57. records of ~ajd countYi thence East along the South line thereof to the Souti,east corner cf Lot 9, in Block 2 of said plat; ther.ce North and West along the East and North lines of lot 9 to the right-of~way 11ne of N.E. 17th Pl.; thence Northeast lind Northwest along the Southeast and Northeast margf~ of said N.E. 17th Pl" to the Southeasterly corner of lot 11, in Block 1 of said plati thence Northeasterly a10ng the Southeasterly l1ne thereof to the Northeast corner of said lot 11. thence Northwesterly along the Northeasterly lines of tots 11 through 7 inclu~ sive to the North lfne of safd plat; then~e W~st along the North line thereof to the Northwest corner of said plat. thence South olong the West line thereof to ,the Southeast i,:orner of the Northeast 1/4 of the Southwest 1/4 of safd Section 4; thence West along the South 11ne of said Northeast 1/4 of the Southwest 1/4. a ..i:it"ru:e of Ji1:0.12 teet; thence North 1301.0 feet to the Nort:' line of said Southwest 1/4 distant 322.20 feet West of the Northeast corner t~ereof. then;e ~est along the South line of the Southeast 1/4 of the Northwe~t 1/4 to t'e Southwest corner thereof; thence Nor~h along the West line of said subdivisiLn to the Northeast corner of the Plat of Aloha R«nch No. Z as recorded in VOlumE 8Z. page 3. records of said county; thence West along the North 1 ille thereof tt' the Northeast corner of the Plat of AlOha Ranch as recorded in Volume 77. page 7. records of utd cot.tnty~ thence West along the North line thereof to the- Southerly extension of the East line of the Plat of Sandee Terrace as record~G in Volume 67. page 2. records of Said county. thence North alons said Southerly extension to th. Southeast corner of said piat; thence continue North al.::,;~ tM East Hne of sa;d plat and the No.'therly extension of said East line to the South IMrgin of S.E. 97th St., also known as H.E. 27':.h St.; thence Northeasterly to a point on the Horth margin of said street d1s.tclOt 336.4 fe~t East of the West line of said Sectton 4 and POINT OF BEGHINING of this description. I )-2850/X E I H I BIT ----~~------ -. E X H I BIT 'B' ORDlNANCE NO. ~ AREA CHARGES ... , " , 0 ~ 35 < , i "-, E I H I 8 T -. E X H I 8 1 T ·C· FRDIIT FOOTAIiI: CHAJIGU ORDINANCE NO. ~ A parcel of land situated In Section 4, Township 23 North, Rar.ge S East. W.M., more particularly described as follows: BEGINNING at a po1nt on the East mar~ln of 120th ?1. S.E. at the Intersection of the Westerly el(tens1or, of the South Hoe of the Plat of Paradise Estates as re;:orded 1,1 V~lume 9tj ~'f Plats on Page 93. records of King County. Washington; thence East along said Westprly extension and the Sl"ut'. line !t.ereof to a point 555.64 feet West of the East line or the Northwest quarter of said Section 4, thence South parallel to said tast line 392.7 feet. thence East parallel to the South line of the Plat of Paradise Estates No.2 as recorded in Volume 102 of Plats on rage 31. records of said County to the East line ~i said Northwest quar:<:J'; the,lce South along said East line to the tenter of said section;: thence East along the North line of the Northwest quarter of the Northwest quarter of the Southeas.t quarter of said section to the Northeast corner of said sub~ dlv1s10n; tnence South along the East line of said subdivision to the So~theast corner thereof; thence Eo~t along the North line of the Southeast quarter of the Northwest quarter of the $outlleast quarter of said section to the Northeast corner ~f said subdivision. thence So~th along the East line of saiJ subdivision to the Southeast Corner thereof. thence Edst along the North line of t.he South- east quarter of the Southeast quarter of said section to the East line of the West 310.57 feet of said subdivision; thence South along said £ast line to ttle Harth margin of State Sign Poute 900. also known as N.E. Sunset Blvd.: thence Westerly. along said North margin to the West line of said subdiv1sioni thence continuing Westerly along said North margin to the W~st line of the East 484.62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence North along said West line to the South line of the Plat of Honey Creek Park as recorded in Volume 59 of Plats ~n Page 57. records of said county; thence East along the South line thereof to the Southeast corner of lot 9. in Block 2 of said plat; tnence North and West along the East and North ltnes of Lot 9 to the right-of-way line of N.E. 17th Pl.; thence Northeast and Northwest along the Southe~st and Northeast margin of said N.E. 17th Pl. to the Southeasterly corner of lot 11. in B10ck 1 of said plat; thence Northeaster1y along the Southeasterly line thereof to the Northeast corner of said lot II; thence Northwestprly .10ng the Northeasterly lines of Lots 11 through 7 tn~lusive to the Horth line of said plat; thence West along the Ncrth line thereof to the northwest corner of said plati thence South along the West line thereof to the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of said Section 4; thence West along the South line of said Northeast 1/4 of the Southwest 1/". a distance of 320.12 feeti then~e North 1307.0 feet to the North line of $a1d Southwest 1/4 distance 322.20 feet West of the Northeast corner thereofi thence West along the South line at the East nJlf of the No~thwelt quarter of said section to the Southwest corner thereof. thence NOrth along the West line of said East half to the South margin of S.E. 97th St •• lIsa known as N.E. 27th St.; thence Southeasterly along said margin to the intersection of the thread of H~ney Creek, said intersection also being a poilt on the Southeasterly margin of 120th Pl. S.E.; thence con- tinuing Easterly and Northerly along the Easterly margin of said 120th Pl. S.E. to the intersection of the Weste~ly exte,ls1an of the South line of said Plat of Paradise Estates and POINT OF SE~lNNING of this description. l4-86510 [IHI81) -, ttl 11> ..,. .... M o N .... '" CZl ORDINANCE NO. ~ E I H I BIT -D- FIIlIIT FOOTAIlE CHARGES EXHIBIT Eo, W.\'v1. ._---_.- GRANTOR: G~Ul"; "ABBR. LJ!)GAI.: / ':, ... :.", TAX PARCE):, #: '.':'. " SBI DEVELOPING, L:Lc.,a'\va~hlri~~D'Ii~teJlla~i1ityco~pany First American Title Company ~fWasijing~o~;}rust~e,/ ," SEA TILE FINANCIAL GROUP, INCl,Beiieflcla.,y " PmN:E Qtr., Sec. 10, T23N, RSE, W.M. ,,"-;;(d,ditiOnallegal on page 15 ", .. l023()S9101, 1023059241, 1023059330 and 1023059404 \",','F1RST AMERICAN) 9--Yi·fCioz.. \C;!~ THIS DEED OF TRJJst.AsSIG~ OF ~rs AND LEASES, AND SECURITY AGREEMENT ("Deed ofT~n IS mad¢this26t!t dayofApijl2004, among SBI DEVELOPING, L.L.C., a washihgto~ Ilniitedllablllty' conipany; ("Grantor"), whose address IS P. O. Box 73790, Puyallup, VyA 98373, aJjd FIRs.'f.,AME:(UCAN TITLE COMPANY, a corporation, ("Trustee'9,wliosea.dd,r~ss ,is 21t)! Fourth Ayenue #800, Seattle, WA 98121, and SEATTLE FINANCIAL Gk9UP,INC;, a )VasJliD~oneorpC!r~tlon, ("Beneficiary"), whose address IS 190 Queen Anne-Avenue No. #500; P a ,Box 19102, Seattle, WA98109 ,',,' , ' , ,',' " ., ..... For purposes of ArtIcle 9 of the Umfonn ComrnerclaiCode; thi~ I)eecf'o'fTlUstj constItutes bom a Secunty Agreement wlm the Grantor being me Debtor ,and ~J;t!,.'~ellefic;IlrY"" ':.,. . ... ", :bejh~'th~Secured Party and a Fmancmg Statement filed as a fixttlre filmg in accordance WIth i' ~ectJon9-462(6) of the Unifotnl Commercial Code ,.,i .. i', i'" '~or v~luabl!rCOIlsIderation, the receipt and adequacy ofwluch are hereby acknowledged, " .. " . Gtimtoi her;;by'grants, asSigns, c~ve~and confinns unto Trustee in trust with power of sale and ". tight~f entiy'an<\-.p'ossesslPn,alr'of Clr;lf,tor's present and future right, title snd interest m and to ·the jbllo*illg d'licnlioo R:\:~iProp~itY: Grantor.also (I) grants a secunty mterest to Beneficiary In tbefoll6~g dllscribed .l'er~na! PJtlPetfy, (ll»);~gIlS (subJect to the collection nghts hereinafter provided) tl!e foUOWmg de~i:nbedk&!ts an~te#S~/snd (m) grants Beneficiary a security mterest In ilieJolloVlllhg d&!cri'jied :t>loceed~:('o/llich'Proceeds, Rents and Leases, Personal Property, and RiilIJ"Prop~rty ~ herdna(te{~feiTed to collectlVely as the "Property',)' A Th~iealpropeliy i~eCouhtyof:K;rig,State opW;jshington that is legally descnbed as follows ./' ."". .. ' ";',. " A portion of the NE q~etof,sec!i~n IO:'rowri~P"23l-!9.rth, .". Range 5 East, W M , as sp~cIfically',<!e~cnbed.6n Eichfbii "A"'\, \.attached hereto and incorporated herem by this refere~ ... " .' ".' . .,' ," .. ~,' ," ... :;::, .. ,.... ,.:",,'...... . . .' . ",.J .. ("ReaJPro~');includmg without liuntatIon all bUlldnigs,linptovernents, fixtUreS now or hereafter located ~eon, and inclndmg without linntatJon(,tj alt funrisilliigs, apptitel\llnces, easbnenM, reYerSlQhs, remamders, water and water nghts, pumps andpumpnig plants: pIpes, flfunes,bd dltch<# thereWlto appertainIng; (il) all machinery, eqtitpment, lIl~tetials,'appliances ;fud fi)(ture~'of every.,kn'ld;{llI) all wall-beds, wall-safes, buIlt-in fumitth;~;fuqlnstillatlon, ,.'·shelv1ng, . .jbck~,Jiiirtitions;C!oor-stops, vaults, elevators, dumbwlllters, aWrrlJ,gs/wllldow ~h~es, venet;uln,·blmcjs;·hght fixtures, fire hose and brackets and boxes fo.r sante; fire sprinklers, alatm~y~~, diap~t.f roils and b~acket~, screens, linoleum, carpets and carpeting, plUlnbmg, laWldry'tubs and tniys, ,te boxeS~ refrigerators, heatmg units, ranges, water healers, dishwashers, ho.me laundnei; gafbage dJ,skosal1)l11\l!, m~inerators, communication systems; and (IV) all mstaJlatlOns for~bich any stich l;Jiilldlng or nripto.velllent is speCIally designed; all of Sllld Items, whether now or hefeafter instal\bd or atta~h!ld IQthe Relll Property bemg hereby declared to be for all purposes of thIs Deed ofTrusta part'of!he re;iJty: B. All tangI~;~'imdm~:8Ibl~;ern.b~r~:~~rtowo.r hereafter used or acqmred In connectIOn With the ownerslup, developmentj'Operiitioh O~,ll:Iainterill\lce of the Real Property, includIng without linutatIon any of the Pr9pe!ty descnl)ed in' th~precedinisecb.on that IS conSidered personal property and IS subjecftojhe proviSions o.fArncle',9 of the Uruform CommercIal Code With respect to which this D~ed ofTl1lSt is.a SeCUritY Agfe~mciit'grantmg to BenefiCIary, as secured party, a secunty interest In aifsubh property (,\Persbnal Propert)l') " . ," " ,'.-.. -'," C All of the present and future rents, reven~~:s;;ssubs, phihts .~~llicoIJie,6ftb~./ Real Property, and all present and future leases and other agreemertts fOr !he dccuplinc,§ ot use' of all or any part of the Real Property, mcludmg WIthout lImItation all cash 6r secuHty4eposlt(" .".,., SBYDeed ofTrustJ2068.10014 Page i of IS ,,< ,aM~~~ rentals and payments of a s10rilar nature. and all guarantlell of the tenants' perfonnance / widerlfuch lellSes ("Rents and Leases") .,' ," / .' 1?,·All,cliSh. IDsurance and other proceeds of the foregoing ("Proceeds"). ""c, :" ./ TIus6ee4.QrJrus~ Is.;executeq/bd dehvered for the purpose of securing the following ······obligatio,fts(''St:eUrcd Obii¥£t1ons)("·... .. > .•.. A:~~yp1ent'~f Gtah~b;;·Prcid~~;.Notc of even date herewIth (''Note'') evidencmg ih;ons~honloani("C6Bstructi&n.,I1lari·') 10 the origmal prmcipal amount of $4,561,500.00;'·wllh mttiest,J)ayabJe toB~~fict\Uy or order, and any modifications, renewals, or extensIons thereof. ....... ./.' ':"', B. Payme~t andpert:6nnahce6f~ery.Q\)hgatlon,ct,l/ehant, promise and agreement of Grantor contameainJlllst)ee.d of Trq.s'f ",'" .;" ,."" ". C Payment and perfo~aAce (,f eJ..,ryoblig~t1bn,c6veii;;;;t;jirop1lse and",. agreemerit 66ntamed In the Construction Loari:Agreemept of eveil date,here7N\th,betw~n Grantor and Bert~ficiarY~d In each of the other Instrurlten~~an'd lliireerilents{oih~dhllIl'the ;Iazllidous Substance Inderruhty) executed by Grantor for the benef\tof~neiicllu1'm conriection y,iIth the Consbuction Loan (collecttvely and together WIth the Note,fud Pee4'(jfTrust .. the:.·i'Cq;lstructlon Lo~ Dooiume!Its''Y' .' .... '.' . i.":" .o' D.iPlj.ymentoffuture advances and additional S\IIllS and.jJ:lter~1 thel-eon, wluch .:' may hereafter b(i"lo'iined byl3"neficlary to Grantor In connecllon WIth the'l:opstr!ictlon Loan, Pr?Vlded, ho"V~ver, t1jatnotlung herein contmned shall be deemed 10 bind or cort'urut Beneficiary to lend such'additional sJrns , ''', ·"b,.,.,'·' .' '. /' Grantoi.pro~is~s "!i4£~~·up.tilihe Note and all sums payable hereunder are p31d in full, to performim,d abld~'bYall lifthe,followmg·terms, covenants and condlllons . :,;, "., .";. ':,.;,:' " I Paymen~ Grlmtor.shall p~y the N:b~~kcQrdmg to Its tenns and payor perform all other Secured Obhgatlons. TIme i~oNheessence and fallUre to payor perfonn any of the Secured ObhgatIons, when du6;"wll calise the wholeiridebteQiJeiishereby secured to become unmedlately due and payable at the option oithe'B~im¢lary,~lthou\!)o1;lce, and tJus Deed of Trust may be foreclosed in accordance lI'.1thsectlonS 14 and IS'here<if. All monthly payments made by Grantor to Beneficiary shall be aPpltid b;y'Beneficlary'firs!;'lo the jrionthly reserve amounts due under this Section 2, If such amoU1it~ ate theh req\llr~ byBenefiolliiY;s~ond, to any T"'Payment of advances due under Sectlon,,9 hereof;. thm:l,to mt~t die'on the Note; and fourth, to the unpaid pnncipal of the Note .... .' .. ' . 2 Reserves. Grantor shall pay to BenefiCIary, ifB~ll,efi~'1l.rY ~~qtu.I:~,:i~ addition to the payments required by the Note, a sum each month equal td·.one:"m;e~h (1112}'o'f, the annual real estate taxes and any other assessments against the Real Prope[ly, m)riUal haiard i ':'" .. ,." . .' ." SBIIDeed of Trustl2068· I 00 J 4 Page~ of is '.: . . ~. .. ' .. ~ .. ,~ f;~ " . . ,1nsUr:!I)c,e .p~ennums and ground rents, if any, to permit payment of these obligations on or before . t!ie duc'date'lIlld such sums held by BenefiCIary shaH not bear mterest for the benefit of Grantor. ... :theben~ficlat Interest in reserves held by Beneficiary shall pass WIth any transfer of Iltle to the ,: RelIl PrqpcrtY, volUfitary or mvoluntary, exc~t that, In the event of a foreclosure or Trustee's sale pili-suailt heieto; Beneficiary at theiiihc;.ofthe sale shall apply such funds, Ifany, agamst the amount due,lind ()wmg oti.th~'Note. / . " .. , ,. . .:' .":.,' '. 3:f:~a~d Ass2'~~:(~;~l shall pay, at least ten (10) days before delinquency)'tiI.ll tax~; assesSIljCnts';'ground):'eptS;'~ater charges, liens and encumbrances affecting the Pro~erty lrthe piymell.t the,n#;is ii~t proVlded for pursuant to Secllon 2 hereof, and shall keep the Propertyfree.ilfh~ and c~ges,of anygovernment,;9r political subdIvision or agency thereof, except ihellens for prope,rty taX'es·wld loeal unprov,iml<mt assessments payable In installments that are not yet du;e.' ..' ..:, ,; 4 Insurance '",.}.,,: . .. ,' ::", .:."\ . (a) Casualty Insuranie. G~~tor smill piiJcufe.,alld,l1uJhtain, withiespect to the Pfoperty;'b(}th real and personal, and to dehY!<l"t6B.enefitiary,at.i~!;tmrtY (3\)) d.,§S prior to the,expl1:lI!lOn arc exiSI1ng pohcies, insurance poliCies pioV1dmg'fire and extendeq.,cov,erage . insurimceand:,msui'ance with respect to sucb other nsks as BenepcHrtY"Sii.lill a!any'tune require inlilnoUJl! an<f fomi and in comparnes satisfactory to, and with lo.ss payable to tile: Bcrneficlary. Gianto{shalJ:'pay ~o Beneficiary, as BenefiCiary may reqwre, a feeto.CQNer.c0stS ofSubst!tutmg ~ollc\eS III Jlie ev:ent.1he'·G~tor replaces any pollcy prior to Its explflltlO!l/ Ali in~tlrance iproceed,s,riiay ll~ i1pplted to any debt secUIed hereby or any installment tJiereQf, 'JI'be released at 13~neficiary's.option .. Neither:the appllcal10n nor the release of any such procc<:ds shall cure or w8ive .. ~'ydhl'a1l1t 0r'no~~e of defaulth,ereunder or invalidate any act done pursuant to such notice Unexptred Insut.mc~'shiilJ pass "Ilth any transfer oftille to the Property, voluntary or mvoluntary, or'pursiimit to,iiIly fo~l\lsure or Trustee's sale, and Beneficiary IS hereby mevocably autJiQr;ized t\l'ils~ign,.·in Gtantpr's.kirIe, such insurance accordmgJy Payments made pursuant to Secttorl'2's!lalJ liot ~lteve GtantOr oftheob~lgatIon to procure and dehver l1lSurance as required bereby except that geneficiary.shallpayfue JlreIJ:liums of such pobcies proVIded moneys paId by the Grantor to Benefi'clarY under Secllon 2.hav\, been suffiCient and are available for such payment····'" •. ·... . ." . . .. :">' ." ... , .. ", ,,' .•.. ,. .. ~ .,.-'.' .. (b) Liability Insurance. Grantor sllall procure andi!:lamtain liabillty Insurance covering Injury and damage to persons and.property in amo'U!lts a#d on tenns acceptable to BenefiCiary. . ' ...... (c) Flood Insurance. Grant:;~haIlt~gie .and ~~~tamflOOd\llSlltan~e lithe Property IS located tn an area that is conSIdered to be afloodpsk .bytheP&.Dep!i'rtrnem9f Housmg and Urban Development ;." .... . :'." ... , •. : ..•. ..' .... SBlID •• d ofTrustl2068·10014 Page'4 of)S . ....... (d) Rent Loss Insurance. Grantor shall procure and mamtam rent loss Jllsurance in fonn and with companies acceptable to Beneficiary for a term of no less than twelve (12):mO'n.ths sO thai the Property w111 continue to draw revenues at the pre-abatement level . . " . '-"'". .... .... . .•. ··/5~ Acti~~s Affectlnii'jhe Property. Grantor shall appear m and defend any \. l!Ct!ollor pi-q6eedit\gplll'pOrtjrigto ~t the Property, the secunty thereof, or the nghts or ·pow.~rs qfl;lenellclSW or.1i;iistee aril\; ifso·rel!u.ested by Trustee or Beneficiary, to commence andIn~htain aCpo~ anclpr6ceedmirfdf the .. piirpbs", ofprotectmg the Property or said nghts and powers, a11a,t thcielcp~e of Grprtit Shol!ld'Tfust¢e or Beneficiary appear m, defend or commence altdpllilptam ~y sjich aC;pons or'p1'Op~gs or, should SUIt be brought by BenefiCiary to emorce this Deed of;Trustoi' lhe l'ilote, Grantor shall pay all costs and expenses thereof, includmg cost.(jf eyidenciof \itJe <Uid aitom~Ys .. fees. ,", ," ," . ".' " " '.", .>.,~. ;:- 6 Trustee's Felis. <3~tbr shiulpay a1lfeesand el1p!ll'lses of Trustee ill connection With thIs Deed ofTrUst;mc;iucling Without h$tailon'lirtcmey's fees actually mcurred, as proVided herein or by statute. . '.' . '. ..... . .... " .. ',:: C"" "., . ....}. Late Payments. In adchtIori.to any Iltter¢t th;it ac6nt.!:~·on th~.outstahdyig balanc9'ofthe N6te at the default rate,Grantor Shallpa~ toBen~ficlliry;a:~laie c\'iarge" of$.05 per dollar for any payment not made to BenefiCiary WltIuP fifti:e~·'days.~ftlll' thesaI]le sl)illl be due to Cllver tlle eiitra e~penses involved m handlmg delmquerit.iia~ent!l·..) . .;' . . / '.' 8 Modifications ." ............. :; . ""., . . •... /. ..' (a) M6dlfications oeLoan Documents. Benefic;~'~n:fustee, at the request ofBen~m::iary;'Witho* affectmg the lIability of any person WIth respecho any Secured Obligati..QllsilndWttil6ut3ffectmg,the.Jlen of tlus Deed ofTrust upon any Property not thereby reconveyed, may frQmt;frne lil. tiine, with611t nollce, agree to the extenaion of the matunty or alter the terms of paYJneni'6f such:obhgat1C/us, releas~ any person so liable, cause to be reconveyed any portion or aU,of the j:If~perty/take:or releliSe '01her security, make compositions or other arrangements Wlth'ilii!Pect to su~h oblIgation's, join lI)gI'antmg any easement on the Property or m creating or releasing any 'coveilaiitsrestrictmg usc·thereof,.or Jom m any agreement suborchnallng the ben hereofi'. ".. (b) Modificatloris byBeriel1~iarY. WIthout a:gectllIg the liability of any other person (mcludmg Grantor, upon c6nveyl!llce ofthe PrPperiy) for the pil,yment of any Secured Obligations and without affectmg ihehen,i:terilof)lpontlnyp'tOpertynot released, Beneficiary may, Without notice, release any person so hable, .exteJid the maiuntji"ofmodlfy the tenns of any such obhgation, or grant other mdulgen~esirel~se 'IT rec'on\l'~y~r cause t&:be released or reconveyed at any time all or any part of the ProPertY, tak~ or:~iease:apyother /" sccunty or make compoSIllons or other arrangements with debtOrs.BCJieticl:uo/InIlY a1~ a~cept· addItIonal security, either concurrently herewith or thereafter, and §ell·sart1e at othetwi~e+eahze thereon, either before, concurrently WIth, or after sale hereunder. . . . ....... '..... .. / ... . -..... .,.-".':",. SBIIDeed of TrustJ2068-1 00 14 ,:"'"/,,, 9. Advances; Inspections. Beneficiary (or Trustee). Without demand or notice arid without releasmg Grantor from any Secured OblIgations. may do any or all things required of GrantOr py any of the provisions of this Deed of Trust that Grantor has failed to do, and may "mcfu: and pay el<pensesin connecllon thereWlth; Grantor shall pay to Beneficiary (or Trustee) on dcilnand all.St;ri'{s ofmo~iiy BeneficiiiiY,(or Trustee) shall expend pursuant to tins Secllon, .: tDgether wi$ intc:reStupoi\ e<lCltof said amounts, until repa1<i, from the time of payment thereof, "at afioatfuiratc,iequa1 tO~II"perceri~'(6.q%)'per.annum over the prune rate of interest of Bank of Arr1en\?a. N;.A ;aspUbli~iy3;nnoun#,aild iII,crf'fi;Ctti"om time to tlme or such lesser maxunum rate, If anY;Tequlied by'apphcagleila\>i. BC!.iefi~,{or Trustee) and their respecllve agents are authonzed t6c;nter ~on any part of1be R~ Ilropeity at any tunc for the purpose of inspecbon, or to carry out Giailtor'shblig~tiollS"hert;ll1ld~" ," . .' ."-." : .;',' 10 Re~ts.iArI ofthe.,timts;lssnes.ahd ~()fits ofth{Pfgper!y are assigned to BenefiCiary as consIderatIOn foi thetoSli Aii oftlus!late n6, rentsh~ye been p31d in advance and m the futllre no rents will be acCepted ui adv'~6e (Qther\!hari' c~~lltientals) or m amounts less than specified under leases now or hert~ei-oit th~'Propeity" Untlhiefaul,t be made in payment or perfoT11l'lTIce of any Secured Obhgations, drant~qllay eOl)cct ..I;d reta;;;"Silq, rents. Issues and profits ~tIie:Y'l?ecome due. Upon any such diifault, Bim:,efi<>iiu-ymaY';'t~Y',lime~ withllut ~bl1ce, either by its agent; attorneys, employees, or bya'r!'£:!llv'er,to b,,:appllmtlid»y a cQurt"imd:,'Wlthout regard to fr\eadeqilacy of any secunty for any Secured O~ligatiorl!i, enter upon aildtllke,f POS~SlOlI"otthe Property, do any acts BenefiCiary may deem. n~ssary 'or pl"<1pertoccinserve the vallie th~ieof,.rent,lease and operate the same m Its own name, ~d Collect ~d reeelyC all rents, IS!lues arid profits ~ereof, mcludmg those past due and unpalli, app-lymgthe:smrie, less costs and flXpenses ofoperfl'itonandcollection, upon any Secured Obllgabons Neither the tiikmg of ,"POSS~s!l.loI{nortliecol1eCl1ng9frents, issues and profits and the apphcation tiJ.er~f, as aforesaid, 'Shall cure or yialVe ~ydefau1\ or nohce of default hereunder or mvalldate anyabt done pursuant to~uch notll:e' ' ',' "" 0"\."",.,," " ./,-- \1. Jud~me'tS, Awalds ~ild §ettlements. All Judgments, awards of damages and settlements he.reafte.r,made as'a re'su,ltof!Oir lii;,heu of any condernnabon or other proceedmg for pubhc use of, ol'for"imy':dmilage to, tiib aealProperty or the Improvements thereon, are hereby assigned and shall bi:: paidto,.the B~riefi~;ary,io the "'ftCO! of Beneficiary's outstandmg mdebtedness. Includmg, but"ot hrrut,id t9 acciued:but ~npai&1I:1terest and addItIOnal advances (If any) made under the Note. Gri!l1.tor'~gr<:ts t(iex~ute silcl{furt,~ei:isslgnments of any such compensatlon, award, Judgment or settlemenf.thlit may ~ re~e.lved by" Cirl\ntor. Beneficiary may apply 3I1y and all ofsueh proceeds on aifySC9llfed 9bhgab.oris~r rel~e allor any part thereof. Netther the apphcatlOn nor the release of such.''Pro<)eedS sh.a'll cuie onv!lIve 1\'ny default or nonce of default hereWlder or invahdate any act donep.ttslJllIlt \6 such n()t\ce,j /'-, ....... SBIID •• d ofTrustl2068-10014 12. Default .: .,,:' (a) Acceleration. All sums securcdhereby shall lfnmedlstelybecome due : aIll!pay~ble"hotNI1fistandmg the terms of any Note evidencmg the same, at the option of Bfuefic"tary, BAa without'demandorno!ice, upon the happening of anyone or more of the f~lIo'im~.' ... ,'>J' .•.... ji '"''.''' /" '~. hereby; ." ,:(11) rJPon.Giluttot$conveymg, sellmg or encumbermg the Real Property or any part th~feofor any' mtei~t :t6erem without the pnor written consent of Beneficiary, or bemg diVested ofiitl~'br Iliiy ipteresfthereitt, in ant'm!jDner, voluntary or mvoluntary, specifically set forth asJ'oUaWs,'" / .,,:""/ ."' , . . . Th~'Graitto~br jts stjbcessottiOndaSS/gns s.~all not sell or transfer dJ.t:~ctly or indirectly all or any dfthe :(3raiil9.F~ mtere,st mjhe .ReaC~erty /, Without the j>norwritten consent ofBeneficiaiy. Ifthe'Qrantor sellsor.tI:aIUlferS,any slich mtereslin the RiiI!l Property, BenefiCiary or ItsSu4;~.~r.,pr W!il1gI)s~y~~Iare:thei : entire. balance secUred by this Deed of Trust immedtatelydue .. iInq'payable or, altts ~ole / option, m;tY titcr~ the mterest rate to be cbarged on theiD,deb~dm;sS's~uredh~ebyj upiotheprev#llmg'mterest rate then quoted by Beneficiary for IDaniiof'inrm1~ qtiah~ and term:, anqjor may requlIe payment of a reasonable transfer fe<ianda,ll cJ>penSes,iegal ~d otherw,~, iI\ihqed'by,Beneficlary. i '. " .' :Beneficiary specifically reserves the ngbt to ~iicnhon its ~sent tq.a:·sal~, trahsf~, asID.~ent, encwnbrance or conveyance (by way of tllusidilion butnot'\'y Way of)uhltatlort}J1pon Its approval of the financial andlor management a~lhiy.o:t the:p)lfcha~ •. assigne~, transferee or subsequent owner of the property and uMn the f9UoWmg'pro~oiis l1a~g been satIsfied: (i) an agreement to mcrease the mtereSt·ratc of the Note, (H)·the pa)'inentqf a reasonable transfer fee and (m) the payment of any expenSio.s.~urredby Bene!icaary as a result of the sale, transfer. asSignment, encumbrance 6r conveyiirice'6fttle Rc;iil Prop~" . " ":" .,' ''''0< For the p.u"osils.oi the above p'~piJs,.~e term "sell or transfer" shan mclude, m addiUon to the.,olIlJll()n and ordm.i'ryil:teaniiig of those tenns and Without limitmg their generahty, transfeftinru:l~ to su¥ldiaty ora!l.ihatci'enUty(ies), transfers made to a reconstituted limited partnersrup,.transfers.by My plrrtnetslUjHlt·. hmlted habll.tty company, or to the partners or membeJ31,iher~c)f, 9r VIC~ v~ transfer~:; made by a partner to other partners or to !Iurd partIes, trans(cirs 1>Y any coipbratioll:t{j 1tS: stockholders or vice versa, any corporate merger or consohd1iti6n, and trruisfcr,tmitde by any mdivldual(s) to any other indlVldual(s) or entlty(les). or Vice vci~a;, . .,: · ... i SBIIDeed ofTrustl2068-I0014 Page) of IS i").... . (ui) Upon Grantor's obtaining secondary financmg dunng the tenn of the Notebr this Deed of Trust, or Grantor's entermg into any subordinate debt instrument of anY!dndP~ttmg any other encumbrance to attach to the Real Property, or ,.". i'" :.," .".... ""'" (IvYUp'on default by Grantor ill the performance of any covenant, tfum & coftdibonherem or in'the con$irucnon Loan Documents . . ' . . ." . { /''':., ,( .\ •••.. · .... ' .. '.1,:. ,: , :' './ }, (v) "(j{Jpu;'Grant9~~'<iC?fault ill the terms of Its obligation to construct uiJpro'i'etitenlB ollithe ~ea:l·Prope~:'jJ1!i'sullht to any construction contract, or other agreement retlJ,ted thefeto.(col1~tiv'eJy the "~()!lsln1ctJon Obligations") or upon Grantor's default In the terms 0{ijlj'6bligation p\usu~t toIW~ l'urilhase and Sale Agreement (the "Purchase Agreement"), now eXIsting Or here8ftet'Cre~tCd ~ the. Real Property, .;.,-;: .:" :;' .;: :: .",,-.• ,'.,.... _.f" "':'. " ~ (b) 'Beneflciah's:Actfuu'on Behalf of Grant9f. Should Grantor fail or refuse to make any payment orpe~fo11llimy6~ o1;rl1~onisec)it'ed.Iiereunder at the time and m the manner herein provIded, then Trusiee IIhdlor l3,eneficiiiry', eaehifi his or its sole discretion, may, Wlthq.ut noMe to or demand upoti'Otantor aild Without riilea$lng .. GraJifiltfrom any:: obligatIori h~f. '.., /' .....:,/)" . . (i) Pay or perforrnihe~~e:ins~ch";;;;;;~ra;;d to snth ext.ntas may,be deetn~d neciessary to protect the secunty of thts Deegof1'rust; .. tb~Tru~iind!6r Beneficiai)' being authorized to enter upon and take possession of s8i:dPIopef'ly~or slich P!il'Po~; "., . . :', . ......, :' . """",(11) Commence, appear In or defend any'~1i~lior pf:Ceedlng 'affectmg or p]lip6rtlng,tc>,affei:1 the security of this Deed ofTrust, the mteresi'sofBeneficlary or therj,ghts, po'Wei-s and duties OfTrustc!,hereunder, whether brought by or agrunst Grantor, Truslee"iir' BenifiCl#'ry; .die .i .. / ". ";,.,,.; .. '.' (illrPa~ •. ptfrch8Se,:contest or comprOlruse any prior claim, debt, hen, charge or encUmbrance wlUch In th~judgment of eIther may affect or appear to affect the secunty oftlus D.ed of Tnist, ili<;in!ereststifBilneriiaIyorthe nghts, powers and dutIes of Trustee hereunder . "... . .. ' "'",,, .. :' .; ,." "", (IV) Enter the R.::afPrajJertY, andperfo\1nall ConstructJon Obhganons of Grantor, under any contracts fqt:.the cim~ctiOD:~f Im~ro';;i:tnenls on the Real Property, andlor perfonn the obligatIons ofdflntat wtderthe PUrchaseA~ement ProVIded, however, neIther Trustee noi'Beri~fi<;i~Sbaii be under any oblIgation to make any of the payments or perfonn anyaf th~ actS abciveihentlot;\~d:,but"upon electIon of Clther or both so 10 do, employment of an artomeyor attOrneYs·is alllh9rlzed.and.· ./ payment of such attorney's fees IS hereby secured. Grantor shall rePay/on det:i1anil;'any'sums .:/ paJd or advanced by eIther Trustee or BenefiCIary pursuant to this Secnori'12 ;;";1fl'lI1t~reSt accordance WIth Section 9 of this Deed ofTrus!. ... ·",.' SBIID.ed ofTrustl2068-10014 Page); of Ei . . (c) Optional Acceleration of Debt The Note and ail other sums secured }iere.bYsllail b~corne due at the option of Beneficiary if Grantor, Without first obtamrng the ,'written consent ()fBen~fiClary thereto shall aSSIgn the rents or any part thereof from the Real PrOpertY; or'sMll conseritto the cancellation or surrender of any lease of the Real Property, or , ~y p#t thill-to!; l).O\VexIstmgoihereaj\:er to be made, having an unexpired term of one year or . more; orShiill m,6drf:Y anysubh leas/i"S6 a,sto'shorten the unexpired term thereof, or so as to deci~ the ainounfof the tent pa)'llblc;.thereujider;or shall in any other manner impair the securitY of~en~t'iC;arylor l11.e P\\~t~ft(i6;{'1~t sik-ured hereby . ..:.,. "< "); "::" / (d) CrOSs Deiault.)f:ll~neficlary IS now or hereafter becomes the owner or holder of a deed of trUst Qii othQr pl'!)peftyor ,ahothe.~ deed Oftrusl)lpon the Property hereby conveyed, or any part ther#if, o[t\vm9h Grlmtqf I~.a'iiuiker,or guar~tor, and such default IS not cured WIthrn the applIcable curepcn,6d, .if any', f8i1ure.tP comply w1tJ:l,iny of the reqwrements or condItIons of this Deed of'fruitor.ilny.Ofthe other (leeil,sof)rUsfShiilI, at the optIon ofthe BenefiCIary, constItute a default u:D.deI',all stich deeds oftrus!, thhre~y enabling the beneficianes thereundCl:"to pursue aoy aVaIlable reni6d~, A. def'aultunder!,lie terms,otiliis't>eed ofT~ any other instiulh~t secunng the Note, or any oftlte other'Consfruc#6n LQaIJ"pocritnents ~!iali,; constitute a defaUlt under tms Deed of Trust A1s(), a c;lCfaUlt under th~.'s~paillt" Uazatdouli Substances IndernhIly that Grantor has executed or'w;ll ~ecl!iC iJ;l'(;Orui:~di6n with the ./ Con~ctI~nI.oan$hail constitute a default UIlder (but silalljlOtbe s~liied by)'tln{Deeii of TroSt···· . ..../ ", . .' .. . 0' .'. ,,(e},.Notices. All notIces gIven pursuant to ~~D~d;6ftrustmust be In ,;\vntui¥;,lIf,ld' wIllb<.}effectlvdy given when personally dehvered or malledi>o~ag~prepaJd, 'c~ified or regist~red !JlaIl, return receIpt requested, to the address of the pariies:bn page I of thIS D6e4. ofTrusi, or tosllchothef addrC$.s as a party may hereafter deSIgnate lD wntIng ""-",,~ ,'-' " .: :. " ... ";',- h Co~~naD.tsRegardin¢ the Property " '_.:.... '", '. . ... ~~tGf~~r atees' , (a) Ti:!prot~~t;preserveandrlefeJid the Property and htie thereto, . }'.."., . <":,: ,,,,,, •. , •• ' / ...... (b) To keep all bili/duigs,or nn'prQ'vemenls now or hereafter on the Real Property free of!ermltes, dryrot, fungus, beetles an~otlier woOd-bonrlg;Voiood-eatrng, or hannful or destructive IDsecls and ID all respects PfoJl~iy tl')caie foianQ/keep.~Jl of smd buildings, structures and Improvements in good condltloifaIid ~i:p81r';' .. (cl To keep the trees, vines, s~bbery, pliIDls/~wb$l1l1dcrops tho:rre01l, m ," .' " ,':' "',"', good condition; Cd) To comply WIth all laws, ordmances andre~l~tioIi~'n6w'clf hereafter, enacted affecttng the Real Property or other Property or requinng any alteratIOns or> . . . SBIIDeed ofTrustl2068-10014 Page:9 onti \ .. ... : .... ,. ."'" .. , ....... i~~vem~nts to he made, includlOg delivery to Beneficiary dunng the term oftlus Deed ofTrus! arid wriliin ten (10) days of Grantor's receipt of any adc:IItional perrmts or approvals or /dtsajlPfQvals affecting the Real Property; .-" .. ". ./ ; ... ",/ (el, To cO\IIPlete·or restore promptly and in good worlananhke manner any :. \)Ui1c4rigs drilnpr9vlllllenls th,at,fllay b{constructed, damaged or destroyed thereon, and pay wh~ due a!i co~is mCurr~,therefot;'iind,jfthc.Note secured hereby, or any part thereof, IS being obtiiu1ed for th~puqiose,o(tinancu)g,~truc~oIl9r Improvements on the Real Property (1) to comni';nce"constru~ttojlpr¢nPt\Y.:fumaft~dl~ily pursue the work to completton, and 10 any event withiii,tIrirty (:~tl) days frPIn ~ date Oft!llslllStrument and to complete the same in accordance wll1tariy agri~f;J'lts relalmg,~~{c6ilSl!'Uctlon and plans and speCificatlons satlsfactory to Beneficiary, (n) to aUow:Beneqclaryto i,nSp~t theReal Property~d other Property at all tnnes dunng constructlon,,(ll1) t(jrep\8ce rilly 'Y'0rlccirma:~als un~tisfactory to Beneficiary Within fifteen (15) calendar day:! afietwrittennotice to GraritlJr of s\.l~'fact; and (iv) not to cease work on the construction of such.mlPro;{ements' for.aiiY'reason Whats6ever for a period of fifteen (15) or more consecuttve days, .. ".,'. ,." " ' (f) To permit no waste or deferlorlltlQri; ari~ ,;("",> i,\ (g) Not to remove, sub.u:~iia[i~alt~r qfdf;J'll~'i;~'~~ bUf1dilI~ or"/ IDlPr:6vernciitpn th~ Real Property except as required by;su~ction ~eyofthisSec#on.' " .,i," ) 14 iForeclosure. Should default be made by Gr~tQ;:~,payn;enf or'.lny !l'ideb~dness semied ,herel>Y or in performance of any obhgatlon, covex\ant: p!'i>lDlst. or .,.'agreeiJJ,endieretri, wiien due;:BenefiCiary may declare all sums secured h~feby 1ll\rilec:iIately due 'and payable, '!rid,~xec\ItC,andilehver to Trustee a written declaration of defalllt;fud demand for s;.teand wnttlm'hob~e ofdef~\llt, a.n!l shall surrender to Trustee tlns instrument, the Note and all eVld~nc~oi exPenditures her¢under~after Trustee shall cause such nonce of default to be sent or deliver6d m"accbrdarid wltl)..t!le [i.ced of Trust Act of the State ofWas1nngton .. , .. ,.; ,.' ... .. . . ..Jter.,thej~~e of~uch~~ ~1l1'+; thc!) be requited by law following the mallmg of the nOlice of default, andnotll;,e,p,f sale hilVlJlI! heo;i1 iiIven as then reqwred by law, Trustee, Wlthout demand on Grantor; shall seti;theRe<\fPropcrty.i1spell)lJtted by applicable law at the lime and place fixed by it In tlie'lJP(iC~ o{salc'at ptiblic: imctiolli Trustee may postpone sale of all or any porhon of smd Real Property by jlUbli6,l\Ill'io,,*en'!<mt a:t'suchtime and place, and from hrne to tone thereafter may postpone sUCh sale"by public' aIlIlOllncemen:f.iithe tune fixed by the precec:lIng postponement Without furthet'ncitli~e, Trusiee r,riay ljiake"su.ch s.iie at the lime to whtch the sale shall be so postponed Any person; mtIudihg ~enefiCiaiiy, but CJ,(~tJ!1g Trustee, may purchase at such sale. ' .' .' .. '., ' . ...... (a) Proceeds of Foreclosure Sale. Tru$fee sha1\applythepfoceOOsof any sale to payment of: .. .. ; ........ :.:,/:.:; .:: . ..• ::: ... ; .. :;. 'c· •. . :,;:.,,,, ... --... SBllDeed ofTrustl2068-10014 .. ' ...... (I) All costs, fees, charges and expenses of Trustee actmg under this Deed of Trust, fees of any attorneys employed by Trustee or Benefimary p1lISuant to the .ProV;ISI0!lS hefuof, Trustee's fees in connectlon with sale, and all expenses of salc, IDclud10g cost .' of proClJring.3 h\le·poh.~y, guarantee or other evidence of Me 10 connectlon WIth sale priicee~in!lli; asrequired1?y Ben¢cfitty; " , .-' . f ~ ., • ...., ". .,' ,-<i'cil) 411'~tl}IlI"~s then secured hereby, mcludmg mdebtedness desCIlbed hererii, aWsunis ad.vanced'.:u:,c)cpend,¢dll\1,der the terms hereof and not then repaid, the mtereiit oneacI1ofthe~reg6ing'1¢¢s,a11 ili·tu9h n)imner and order of pnonty or preference as Bencficlaryinay det<:riiri1)ci m 1ts solll and aijsQ)iire.d.iscreoon, ";. ,," ",', / ",' if (U1Fh:,~~~d4, if any, shall be de.~t With m accordance WIth the then applIcable WaS~~onlliws ...• ::·· " ./.... /; ..... i (b) Tni1teel~ De~d.+¢stee,'ShaJl deiive;r'to¢e purchaser at the sale Its deed, Without warranty, which sh,ih conveY ttithepurcrulsctthe Int~t In the Real Property which ~tor had or had the power to'Cobvey at &'Ie .lime of pis eJieclltlon:ofl,jus Deed o.t" Trust, and such.lISGrantor may have acquired therelitter . Ti'1istee'.sdeed shliit~!~ ~ facts,shoy..ing that the.sale w8SL;onducted in complIance wIthal! th~,rCquiremiints,Qf.Ja\v a:r.d qrtlu~Delid of Trust,.\"hich reCltiil shall be pnma faCie eVIdencc orSuch.·comph;Uice aDcl'conclwuve eVidence the~f In [a:vor ofj)ona fide purchasers for valuc··· .. /' .,/ .,f .•••• .i' (c) Nonexclusive Remedies. The power·'&fsl1,1.e.,conp;lT~ blims Deed of ;trust and by the Dee4 ofl'rust Act of the State of Washington is not a1'(exCl~ive Iimedy and, whcn~ot.,exercised(Benericiary may foreclose tms Deed ofTrus! as a mditgage.· -:. ',,,.' -:' ,:' -,--::, .:' .,"', "'.. ...ii , .. C"(d):' Berieficlary's Remedies. If any debt securcd hereby'ls now or hereafters'ecured by'moJ"igagbs"pledges;-guarantees, other deeds of trust, or other secunty agreements, Intludmg,lirJthfiufhmitatjon the security agreement and aSSIgnment of rents and leases contained'ojJ.erem, J;ltiniifici.ry. nla.y, .~t tlii'i:>pbon, enforce 1ts nghts Wlth respect to anyone or more of s8ld se2unty'3rrllllgelhents, eithercoI\6UJTCJ;Itly or mdependently and m such order as It may detelllllne Without affectln,gJts nghtsh~und.br 81ld without W1l1vmg any default hereunder, .' . ':', "':::.. , ..... -'"'' .;: '-""- IS Trustee. Trustee acecpts' these tnists,.wheii'thls D~ of Trust IS made a public record, and Trustee shall be entitie4 to ~asol}~blc: coilpensaticii-{fot'a,ll serviCes, Includmg fees of Its counsel, employed In connecoorihotewlth, .and aiso r6unbursemeJit for all of its reasonable cxpe115es, and Grantor agrees to pay the saine,.' .... '-". (a) Substitute Trustee. Ben~f.dary;Lay;~t any ti~~,no!D!Date!U1d ., appomt by wntten nOlice another Trustee in the place and stea(\'oftlle TtUsteena.rrtci:! hc;reril or: .... any successor Trustee, and a copy of such notice of appomtment s~1l be forWarded.\o .. G!:lintor( and the original shall be recorded 10 the records of the county In which th~ Dei:dOfo:rfust IS ... " _ .. ' SBlfDeed ofTrus!l2068-I0014 Page l,i oft'S " .;: : .... i~brd~d,,·rhe tItle herem conveyed to SaId Trustee shall be vest~din said successor, wluch •. appoirttlnenti!hall be in writing . . ;..... ,/ .,' .. , .... : ",.,,.. ... :'. " •••. .,:./ ... /"""'(9) Reconveyance by Trustee. Upon written request of BeneficIary sWmgihat81l~ums secUted hereb)inil"e been paId and upon surrender oflhis Deed of Trost and . the N9te to' -:rrust~e'rQr cm;ce)larion and retenton and upon payment of its fees, Trustee shall ~onv6y, Wttb.outwammty' tji~ ReaJ:.t>ropc;rty'tilen held hereunder. The Grantee in such recciny~)"nfue niay be de$cnhed by tr:tJlltee eltQ:i:r.~,Grantor or "the person or persons legally enhtled thereto "'''Ten (10) years .. atl;;t Issu3l'!ck of suph full reconveyance, Trustee may destroy said Note and.)lus ~ oiTrus!, uii!ess dIri/C!¢inisuch request to retaIn them . . , ... , .. , .... ' .:: .' . ;:-;:" 16. ReI. prObertvBecri'~~t~ Desirable Secnrity. Should developments for Oll, gas Or mmera!s on the. Real ~p~ at'·any..'~·be such as, III tb.egpimon of BeneficIary. to render the Real Property less dciirragle 8lI'secJintY for ll:I~ N6le and:;'U.&ther sums hereby secured, then BenefiCiary shall have thenght to.declarelhe 1:/6te,liueimq.payjtble wIthout nollce and BenefiCIary shall have the same nghls:hereimdcr f\if the oolIec~on of same as though the Note and such gi!ler sums had become due bY'dcfaillt ot}natunty./ . .i·"··"" ", .' .. '. .' ....... '. . .·l~.. .;,.: .... :.. :' '\7. Usury. Grantor shall not behll:bl~.~ ~Ile paYn1ll1lLQ'f any clJ!rgel!'hr !literest provi~ild m,~s Ii~ed of Trust to the extent such ch3fges,~cid !lie maxID1.Um ;iIn.qtint j1t:nmtted und~the !iiwsoftije Stale of Washington, It bemg fullyagr~d lind undCisloodthat II .IS the mt~htion,i,fBbnefi~larythat this Deed of Trust shall m all Tespei)I.S conform tP' tl).'; la\1is of the State o~Wasjlingt9n.,.; ". . ;-~ § ...... p\ .Substltu:i:e Tax. If, after the date of the Deed ofTru~C any la;!iV IS passed by . the State of WaS!ilngton:'Unpo~mg upon the BenefiCIary any tax upon the Not';'i)f this Deed of Tr6st,anYha1nhiy tq'paY'anypart .ofthe tax against the Real Property or other Property or changing'ln any way th(rlawsfptiaxaIl6n,of mortgages or debts secured thereby, the Grantor shall unmedIately rCun1i~ithe B~cl3ry f'l~ the amount of such taxes, excludmg any tax hereafter assessedagatnS~'BllheficlaI)is,m¢oll1~'In the event said taxation is Imposed and the BenefiCIary does nCit,waive (he tiquireniciitsforreimb\lTScment. then in that event, the Grantor shall have the nght dunng SaId perio4 oftaJi:ahgD. topretiay tile then outstandmg loan balance . ......... '. 19 NoneXcl~~lve,Re~ed;es~o W~ive;.he.#ghtsand remedies ofTrustee and Beneficiary hereunder are not exclUSIve' but shal~·be concUrrent and cUmula!lve with all other nghts and remedIes gIven by law to trust~es 3!1d ben~fidan~;mderd~~d~Oftrust and to the holders of the notes secured thereby Anyfai!\u'eon the part ofBerICfl9iarypromptly to exercIse any ngh!, remedy or optIOn herein gIven or resetvedShaUnot pTevtlht t!ie exlirclBe'thereof at any lime thereafter Notlung In tlus Deed of Trust shall be.~~nstI)ied 10 p(cven.iB~neficlarYfrom enforcing payment of the Note without first foreclosing'tlusDee4 oC-Trust.:' . 20, No Agricultural Use. The Real Prope~~~b' co.~v~ye41~nOt.1.ISed prinCIpally for agricultural purposes."",,',,, .... . ...... \ SBVDeed ofTrustl2068·10014 Page Ii of "5 i • . ". 21. Additional Documentation. At all times, and from time to tune, upon the r~uesi"ofB~eficlary, Grantor agrees to execute and deliver to Beneficiary one or more UCC Fman:Cing Sta~ements m·the appropnate fOlm to give public notice of BeneficIary's security 'intiest J.h allpersona1·woperty owned by Grantor pertammg to the operation of the Real PrbPert.Y, andliJ! such aSsurauc~.·oflit!e and additional papers and InStruments as Beneficiary may ~.¢ques .. li .. .' .•..•. / / ;: ;-" .. ,:/ ..•................. ,'.' :b .. Comlntiment.~e.1'l~~;~.o.fthe Conumtment Letter shall be bindmg upon Grantor aOibilJ svCceliSors,wlliteresttii'Gi3nt~r and shall SUIVlve the execution of any of the loan doc~ents,)ncludins.6ut h9t IlIDlti!'dlri;tli1s Deed of Trust and the Note referred to herein If any ciin1lict ljiises.fu thecOns1:J:l,lb~bn'()f the loan commitment letter between Grantor and Beneficiary, WIth the terins heteof.dr of any. of the other Loan D(lCuments, the terms oftlus Deed ofTrus! and the ~i~Loal)DO\'fun.,6ts shal,HieC;:;ritrollmg; !*o'Vroed, however, that additional reqUIrements of the c6ll1ll1itm,irit le~ not ~Qntamed m th!:iLoan Documents shall not be deemed to be a confhct '", " .;,': .,'.: /,:'/ '\~",.:;,,/ :';':'::: ,-" '.. 23. Management Ag~~~lIientS. Iri .!heevent of a c;lbfauifof'any, nature d!l@g the term ofth~ 'Note or tlus Deed ofTrus!, Benefitiarysh8Jlhaye th~riglit!o .. teJp1m~e ani :-' managfli'itent a~ments, contracts or agents/~&~IJ!'ies,po~lefuJ:.iAe,.p~opei:ty l'\liina¢ement ofthe.Real Jl,roperl¥ If srod property management IS, m B,tneficlllrJr's sole Judgnlent{ " uns~sfuct6rY.in any respect. ',," " .. .... .i24""~iscellaneous ............. ,;; .:' / ' .. /" (~)' SeverabUity. The mvalldity of anyone or ll7.~t{c~~enkts, phrases, . 'clauses, sentellrieS or s.cctJonsof thIs Deed of Trust shall not affect the remaitimg' portions hereof, andl!lls D~ed ofTruit sl1iill bi) COJ;lstru~ as If such Invalid covenants, phrases, clauses. sentences or sectionS, If miy, ¥ad utit b~l).o fuciudediJerein . (b )/Constr~ctl~n o'helms. This Deed of Trust shall be so construed that, wherever applioable, tile use ofthe~fugillari1umber shall Include the plural number, the use of the pluml number shall incluiie.t~ smgular ninnber,the use of any gender shall be apphcable to all genders and shall likeWIse be so.coruitru.ed as~pplicabieto and mcJuding a corporatIOn, lmuted hablhty company, partnerslnp' or. other legal. entity/ Th~.w(ir<l "Note" shall include all notes eVldencmg the mdebtedness secur'ed herflby The tenD "Benefi¢lan''' shall mean the owner and holder of the Note whether or not niuned as Ben6fiolaryJi~riruJ captions are for convernence only and have no legal effectlt1ilt~ inJerptetation ofthc·L()an Documents. (c) Joint and Several Liability; HeirS and As$Ign!~AlI obligations of each Grantor hereunder are Joint and several, and this DeedofTiustsbalFu:ime t'!the bene~of and bmd the heirs, deVisees, legatees, adinmistrators, executOrs; suctessbri! anda.SSi~sbfthe >-..... parties hereto ,. .,: .' ".-' ..' SBJlDeed ofTrusV2068-10014 ':," ., ... -'.:" Page l~ of 15 / ",' '.... (d) Amendments. This Deed ofTrus! may only be amended In wntmg ~Sned'by ~!or and Beneficiary, ,""." / ii':: ,/"""{e) WalverorOomestead Exemption. Grantorreieases,rehnqulShes l¢d walv~'~lrnghts or claims ofhiimc;stead excmptlon and mcludes such nghts m tlns Deed of Trust;, ., '"", / ./ .,,""'.<' .... ,Extlcuted at~fthe Jate trrsi"~boV~ :den; ,," ,,/ i':< SBI ~~~'L~~ING, L,L c, -/~ ) ) as ) """"'" / .:" .......... ,:' "' . . :: .~:~. ~~~:~~~:~~2~;~~~~.~~f~ctolry ev.dence that Gary J. Racca IS the person Jio,ip~cd,hefore me, and !Ius mstrumt:nt, on oath stated that he III .uthonzed 10. ~cute the Sole MemberlMauager of SBI DEVELOPING, L.L.i::', to be the free and a;!d[,pull'0,sesmenMued lD!has lDStrumcut SBlIDeed ofTrustl2068-1 00 14 Page 14 orrs • • • EXHIBIT CIA" .,'-"""" '""""",< LEGAL DESCRIPTION " " ,".' P~rcej "iI.;'/ . " .' Th~':l'<a~hal¢~fl"~ S<i~tIil'ast Q~~fth~:NUrt/twest Quarter of the Northeast Quarter of SectUlD Hi; ToWnSlup.13 North,·~c 5 ~ 9fth¢ Willamettc Mendlan. in Killg County, washmgtoli·. '" / " ,.' ,.' '~~':: ',/' ... ,.>" -/ Except the the'Welii 30 .feet t1iereofcon)/c;ie!i to'K-mg COWlty for AmelIe Schewe Road Extn by deed recorded Wlder R.CcorQing No. 3~61892; ,/ .. And except the South 160)"eet of the. west 339'f~Ilt:" .' Parcel "B": The South 80 feet of the West 330 f~t'ottl.eNoith ~alf ofthb S~thl!llSt'~er of the; , Northwci;'~arter of the Northeast Quarter citsediori' 10, :roWJj~hip(~3.N9rth;;:Range,;5 E~st of the Wtllamett6"Meridlan, m Kmg COWlty, WaShwgtO,Il' .;. . .. "",,':'. .i';"· Excepi thet,he W~ 30 feet thereof conveyed to KIng c9imtyfo~Amelle'Sehe\Ve Road,Extn by de"lireco:rded, lUld~r Recording No 3261892,.' /" ,/ ~ '; . . ,' .,' ~arcel/tC'1 ::/ ':., ./ .:; .•.... " .... ,:,:: The North"gO feiitoiihe S6ilth 160 feet of the West 330 feet of the North'half oftbe Southeast ·Quart.;;:·~ftheNo'rth~0stQUlirter of the Northeast Quarter of Section 10, To~p 23 North, Riinge 5 EflSf ofthe,Wi1Iamette MenQjan, m King COlUlty, Washington. Ex~ept'tlie theW~i 30tee! thereof conveyed to Kmg COWlty for Amelie Schewe Road Extn by deed recorded ilndCrRecor.dipg N'l . .32618.92 ... -;. .,' ,.' '::::'" ":" ;: Parcel "D": ""~ ./. '>.:",.:' The North half of the South~alf~fili~ S()~th~t Quarte~ oiihe Northwest Quarter of the Northeast Quarter of SeCl1onlO"Jo~sliip 43 North,Range 5'tlast.ofthe Wtllamette Mendian, m Kmg COWlty, Waslungton i ' .. , .... ..:'.:. -":" .:.:; .. Except the the West 30 feet thereof coriycyed,to Kmg ¢cnmtY'ior Anielie·S<.:hewe Road Extn. by deed recorded Wlder Recordmg No 3261891{ .' .... ,.' .... 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U.!. ,1-1" . ,-',; ,~ , Form No. 14 Guarantee No.: 4209-397156 Subdivision Guarantee (4-10-75) DE'tJ!iello.: 1 C UPMENT LIABILITY FEE IT'( OF RE~~~NJNG JUN -8 200~ RECEIVED First American Title Insurance Company $ $ 2101 Fourth Ave, Ste 800, Seattle, WA 98121 (253) 471-1234 -(800) 238-8810 FAX (253) 671-5808 Developer Services Fax No. (253) 671-5813 Shari Workman (253) 671-5834 sworkman@firstam.com 2ND REPORT SUBDIVISION GUARANTEE 1,000.00 ORDER NO.: 300.00 TAX $ 26.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Sound Built Homes, Inc. 4209-397156 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: May 21, 2004 at 7:30 A.M. First American Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: SBI Developing, L.L.C., a Washington Limited Liability Guarantee No : 4209-397156 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel "A": The North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892; And except the South 160 feet of the West 330 feet. Parcel liB": The South 80 feet of the West 330 feet of the North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892. Parcel "e': The North 80 feet of the South 160 feet of the West 330 feet of the North half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892. Parcel "0": First American Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-397156 Page No.: 3 The North half of the South half of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 10, Township 23 North, Range 5 East of the Willamette Meridian, in King County, Washington. Except the the West 30 feet thereof conveyed to King County for Amelie Schewe Road Extn. by deed recorded under Recording No. 3261892 APN: 102305-9101-05 APN: 102305-9241-06 APN: 102305-9330-08 APN: 102305-9404-09 First American Title Form No. 14 Subdivision Guarantee (4·10·75) RECORD MAnERS: Guarantee No.: 4209-397156 Page No.: 4 1. 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 is at 1.78%. Levy/Area Code: 2146 2. 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.: 102305-9241-06 1st Half Amount Billed: $ 1,034.78 Amount Paid: $ 1,034.8 Amount Due: $ 0.00 Assessed Land Value: $ 82,000.00 Assessed Improvement Value: $ 96,000.00 2nd Half Amount Billed: $ 1,034.78 Amount Paid: $ 0.00 Amount Due: $ 1,034.78 Assessed Land Value: $ 82,000.00 Assessed Improvement Value: $ 96,000.00 (Affects Parcel B) 3.. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of the City of Renton as disclosed by instrument recorded under Recording No. 8612031455. 4. Deed of Trust and the terms and conditions thereof. Loan No.: 3001 Grantor: Beneficiary: Trustee: Amount: Recorded: Recording Information: SBI Developing LLC, a Washington Limited Liability Company Seattle Financial Group, Inc., a Washignton corporation First American Title Company of Washington $4,561,500.00 April 27, 2004 20040427001550 5. Easement, including terms and provisions contained therein: Recording Information: 347794 (Vol. 409/ Pg. 623) In Favor of: Snoqualmie Falls and White River Power Company, a corporation For: pole line 6.' Easement, including terms and provisions contained therein: Recording Information: 3120990 (Vol. 1920/ Pg. 123) In Favor of: Puget Sound Power & Light Company, a Massachusetts corporation For: electric transmission and distribution line First American TItle Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-397156 Page No.: 5 7.. Right to make necessary slopes for cuts or fills upon said premises for Amelie Schewe Road Ext. as granted by deed recorded September 1, 1942 under Recording No. 3261892 (Vol. 2075/ Pg. 294). 8. Matters which may be determined upon the examination of the final plat. First American Title Form No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES ----.---------~.---.----------------. .-'-=-"---- A. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9101-05 Code Area: 2146 Amount: $ 2,116.01 Assessed Land Value: $ 140,000.00 Assessed Improvement Value: $ 42,000.00 (Affects Parcel A) B. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9330-08 Code Area: Amount: Assessed Land Value: Assessed Improvement Value: (Affects Parcel C) 2146 $ $ $ 2,335.09 82,000.00 119,000.00 C. General taxes for the year 2004, which have been paid. Tax Account No.: 102305-9404-09 Code Area: Amount: Assessed Land Value: Assessed Improvement Value: (Affects Parcel D) 2146 $ $ $ 1,392.05 120,000.00 0.00 Guarantee No.: 4209-397156 Page No.: 6 D. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-397156 Page No.: 7 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes'no liability for loss or damage by reason of the following: Ca) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (cl (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the Invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDmONS AND snpULAnONS 1. Definition of Tenns. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. {c} "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shaJJ come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so dll1gently. (b) "If the Company elects to exercise its options as stated in Paragraph 4{a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be Hable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety {90} days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent poSSihle, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information deSignated as confidential by the Assured provided to the Company, pursuant to this Section shall not be. disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Payor OthelWise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim whICh could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shaU transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed lass or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall tenninate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Detennlnation and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein deSCribed, and subject to the Exclusions From Coverage of This Guarantee. The Uability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. limitation of liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) 1n the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209-397156 Page No.: 8 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed ,by __ the Assured in settling any claim or SUit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shaJi be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation, The Assured shall pennit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured ariSing out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located pennits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Fonn No. 1262 (Rev. 12/1S/95) First American Title OEVELOPM CITY of~1~~%NIN JUN -8 200~ RECEIVED First American Title Insurance Company Eagle Center, Tacoma WA. ... 0:; Snohomish Co. /..0:; King Co . .i? Pierce Co . .i? Thurston Co . .i? Kitsap Co .... 0:; Masou Co. l!i.I Copies of Documents File No. 236452 I i "''Ox \ \If'~''TON, WASHING'I'OlI'"'''-....... 1 O •• ).) \ltC )' -'O~T\\(5:.~~I:~~Q.,E NO. 4025 AN ORDINAN~\JSl'i'~$' ;ci,'l'Iy OF ~TON. WASHINGTON, ESTAnLISHING A t.P~)OSED ASSESSME~T DISTRICT FOR SANITARY SEWER SERVICE IN THE HONE¥CREEK INTERCEPTOR SERVICE AREA AND ESTABLISHING THE AMOUNT OF THE CHARGE UPC~ CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CI'rY OF RENTON. WASHINGTON, DO ORDAIN AS FeLLOWS: SECTION I: There is hereby created a sa .. itary sewer 11 service special assessment district for the Honeycreek Inte~ceptor area in the northeast quadrant of the City of Renton which area is more particularly described as ~ollows: Sec Exhibit ~A" attached ~~reto and made a part h2reof as if fully set forth herein. A map of the project area is attached as Exhibit -B~ and made a pa~t hereof as if fully set forth.) SECTION II: Persons connecting to the sanitary sewer facilities in this Special Assessment District vhich properties have not been charged "I.: assessed with the cost of the sanitary sewer main. shall pay in addi tion ";..~ the payment of the connection permit fee and in addit~on to the general facility and trunk connection charge, the folloving additional fees: A. Area Charges (See Exhibit -A,-;1nd -8-) Residenc~ dwelling unita. apartments or equivalents: $250.00 per dwelling unit Commercial Development: -5¢ per square foot of gross site l1rea B. Front Footage ~harg~~~ There is hereby created a subdistrict within the Honeycreek Interceptor Special ABseS8men~ District consisting or properties fronting on Interceptor Se".ler: rr.m fDR Il£COIID AT REiil~i ~f CERTlF"oCAlE I. the uhdln"" Maxine E. !iotor GIIlar ... City of ~ _, &' ,0II!II1t11111 \Il1O 10 • true and c:arrtCtcopfot Ord101!o£p 69 !ph Sub5a1bod and See ... thl'~ ~ w::;e~ 72 "<trCJ_._~ ,-: ORDINANCE NO. 4025 The proper~ies to be assessed for front footage are more particularly described in Exhibit ·C· attached hereto and made a part hereof as if fully set. forth. The front footage charge shall be $37.1~ per frontage foet, representinq $74.38 per center line foot divided equally for property fronting On each site of the center line foot. SECTION III: This Ordinancg :1,5 effective upOn its passage, approval and thirty (30, ~ays after publication. PASSED BY THE CITY COUNCIL this 17th day of November, 1986. 2?i?-. . .. ' s> -.!#'~ .., MaX1ne E. Hotor, C~t~erk APPROVED BY T~~:: MAYOR this 17th day of NOVember, 1986. Barbara y~S in~Miyor Approved as to form: Lawrence J. Warren, C ty Attorney Date of Publication: November 21, 1986 -2- ,---"-------------• E 1 H I 8 I 1 -,- AREA CilARGES ORDINANCE NO. ~ A parcel of land situated in Sections Z. 3, 4. 9.' 10 and 11 of To,.mship 23 North and Sections 33 and 34 of Townsh1p 24 Ncrth. all 1n Range 5 East, W.M .• more particularly dese. !t:oed as follows: BEGINNING at a point on the Nort~ margin of H.E. 27th St., a~so known as S.E. 97th St. 1n said Section 4. distant 386.4 feet east of the West line of sai~ Section 4; thene! Horth parallel to sa1d west line and its exten310n into S4ld Section 33 to the Thread of May Creek, thence Easterly along the Thread of May Creek through said Sections 33. 34 and 3 to the West margin of 148th Ave. S.E.; thence South along said West margin to the North line of State Sign Rou:e guC, also k~~wn as S.E. Renton Issaquah Road; thenre Easterly along said road to the intersection of the East li':'"e of the West quarter of said Section 2~ thence South along ... aid ~a;;t line through S,ection 2 and said Section 11. to the SO,uth line of the North t,alt of said Section ]1; thence west '\long said Soutl! line Hwou~h $cction 11 to the center of said Section 10; thence continuin'1 West along sa1d South line of the North half to the East margin of 13Bth Ave. S.[ .• also known as Duvall Ave. N.E.; thence Northerly along said East margin to the North line of the South quarter of the North half of s6id Section 10; thence West along said North 1 ine to the East margin of 132nd Ave. S.L. also known as Union Ave. N.E.; tltence North along said East margin to the center lh:: of S.E. 116th St •• also known as N.E. 10th St. and the Easterly extension of the South line of the Plat of Brentwood, Di~1ston 2, as recorded in Vol~ 72. page 46. records of King County. Wa.~ thence West along said Sou:h line to th~ Southeast cor~er of Lot 16. Block 6 of said plat. thence Northerly along the East lines of lots 16 through 11 1.,clus1ve to the South Nrgin of H.E. 11th St •• thence Horthwesterly to the Southec)st corr:er of Lot 10 in She" 3 of sc)id plat; thence Northerly along the East lines of lot 10-through 1 inclus1ve and its e~tension to th~ North margin of N.E. 12th St., thence West along said North margin to the Southeast CPrner of the Plat of Bomarc as recortied in Volume 59. IHge 69, records of said county; thence North along the East line th~reof to tMe North~ east corner of safd plat; thence West along the North line thereof 157.71 feel to the Southeast corner of Queen Ave. right-af-way as described in Volume 3738 of Deeds on page 76. records of said county; thence cont1nue West abr.; said North line of said plat 170.0 feet; thence North parallel with the center11ne of said Queen Ave. and 1ts extension to the North margin of State Sign Route 900, also known as N.c. Sunset Blvd .• thence Westerly al~n9 said North margin to the West line of the East 484.62 feet of the Southwest 1/4 of the Southeast 1/4 of said section 4; thence No~th along sa)d West line to th~ South line of the Ptat of Honey Creek Park as recordt:"d in Volume 5;J of Plats on page 57, records of !>aid county; thence Eut along the South line thereof to the Souti,eut corner cf Lot 9, 1n B10ck 2 of sa i d pIa t; thence North and Wes t a.long the En t and North lines of Lot 9 to the right-of-way line of H.E. 11th Pl.; thence Northeast and Northwest along the Southeast and Northeast margi, of said N.E. 17th Pl. to the Southeasterly corner of Lot 11, in Block 1 of said plat. thence Northeasterly along the Southeasterly l1ne thereof to the Northeast corner of said Lot 11. thence Northwesterly along the Northeasterly lines of lots 11 through 7 inclu- sive to the North line of safd pTat; then~e W~st along the North line thereof to the North~st corner of said plat; thence South along the West line thereof to ,the Southeast ;.;orner of the Northeast 1/4 of the Southwest 1/4 of safd Section 4; thence West along the South line of sa1d Northeast 1/4 of the Southwest 1/4. i ..iljtorlce of 311:0.12 feet, ttlence North 1307.0 feet to the NOl"th line of said Southwest 1/4 distant 322.20 feet West of the Northeast cornel" t~ereof; then~e \:est along the South line of the Southeast 1/4 of the Northwest 1/4 to t~e Southwest corner thereof; thence Nor~h along the West line of said subdivisiln to the Northeast corner of the Plat of Aloha Ranch No. 2 as recorded in VolUmE 82. page 3. records of said county; thence West along the North line thereof to the Northeast corner of tr.e Plat of Aloha Ranch as recorded in Volume 77. page 7, records of u1d county; thence West 410n9 !he North 1 ine thereof tu the Southerly extension of the East line of th~ Plat of Sandee Terrace as record~G in Volume 67. page 2, records of said county. thence North alons said Southerly extension to the Southeast corner of said piat; thence continue North al.:t;:l tr.~ East lhe of said plat and the NOl'therly extension of said East line to the South m4rgin of S.E. 97th St., also known as N.E. 27~h St.; thence Northeasterly to a point on the NDrth margin of said street dist(lnt 386.4 fet!t East of the West 1 tne of said Section 4 and POINT OF BEGINNING of this descriplion. 1)-2850/' E I H I 8 I T --.~----'- E X H I BIT "B" ARI:A CHARGES EXHIBIT .. , " 35 .. n, -,-c~: .. ~ g~~_JU:~~~C~W~~~ J;:r~", (;( ... , .. . :;iT"); -~ ; '~ £ x H 1 8 1 T ·C· FRDIIT FOOTA~ CItAll6U ORDINANCE NO. ~ A parcel of land sttuated In Section 4. Township 23 North, Range S East, W.11 •• more partlcularly de~cr1bed as follow~: BEGINNING at a polnt on the East martIn of 120th Pl. S.E. at the intersection of the Westerly extens1C"1r. of the South Hoe of the Piat of Paradise Estates as recorded 1.1 V:.lume 9'i t'! Plats On Page 93. records of King County. Washington. thence East along said Westprly ex'",ension and the S('ut~. line thereof to a point 5S5.6~ feet West of the East ltne Of the Northwest quarter of said Section 4; thence South parallel to said iast 11ne 392.7 feet. thence East parallel to the South line of the Plat of Paradise Estates No. 2 as recorded in Voluwe 102 of Plats on ~age 31. records of said County to the East line ~f said Northwest quart'n'; the,,,e South along said East line to the c.enter of said section; thence East along the North line of the Northwest quarter of the ~orthwest quarter of the Sout.heas.t quarter of said section to the Northeast corner of said sub- division; tnence South along the East line of said subdivision to the S~theast corner thereof. thence Eost along the North line of the Southeast quarter of the Northwest quarter of the Soutlleast quarter of said section to the Northeast corner ~f said subdivision; thence South along the East line of saiJ subdivision to the Southeast COrner thereof; thence Edst along the North line of t.he South- east quarter of the Southeast quarter of said section to the East line of the West 310.57 feet of said subdivision; thence South along Said East line to the Harth margin of State Sign Poute 900. also known as N.E. Sunset Blvd.: thence WesterlY,along said ~orth ~r9tn to the West line of said subdivision. thence continuing Westerly along said North margin to the W~st line of the East 484.62 feet of the Sout~st 1/4 of the Southeast 1/4 of said section 4; thence North along said West line to the South line of the Plat of Honey Creek Park as recorded in Volume 59 of Plats on Page 57. ~cords of said county; thence East along the South line thereof to the Southeast corner of Lot 9. in Block 2 of said plat. tnence North and West along the East and North lines of tot 9 to the right-of-way line of N.E. 17th Pl.i thence NOrtheast and Northwest along the Southe~st and Northeast ~r9in of said N.E. 17th Pl. to the Southeasterly corner of lot 11. in Block 1 of said plat, then,e Northeasterly along t~! SOutheasterly line thereof to the Northeast corner of said lot IIi thence Northwest.rly .10n9 the Northeasterly lines of Lots 11 through 7 Inclusive to t~e North line of said plat; thence West along the Ncrth line thereof to the Northwest corner of said p1ati thence SDuth along the West 11ne thereof to the Southeast corner of the ~ortheast 1/4 of the Southwest 1/4 of said Section 4. thence West along the South line of said Northeast 1/4 of the Southwest 1/~. a distance of 320.12 feetj thenLe North 1307.0 feet to the North line of said Southwest 1/4 distance 322.20 feet West of the Northeast corner thereofj thence West along the South line of the East h~lf of the Northwelt quarter of said section to the Southwest corner thereof. thence NOrth alon9 the West line of said East half to the South margin of S.E. 97th St •• llso known as N.E. 27th St.i thence Southeasterly along said margtn to the intersection of the thread of H~ney Creek, said inttrsection also being a poi ~t on the Southeasterly margin of 120th Pl. S.E., thence con- tinuing Easterly and Northerly along the Easterly margin of said 120th Pl. S.E. to the intersection of the Westerly exteus10n of the South line of said Plat of Paradise Estates and POINT OF SEuINNING of this description. L4-86510 EXHI811 ORDINANCE NO. ~ E X H I 8 I T "0" fIIOIIl FOOTAIi£ CHA/IGES .• ~ ~r~";;~=R~~~ d . ~. . • : r <'-. EXHIBIT ._--_.- After recordl)lg, please return to: ~e~'~F1nanc\arGroup, Inc. 1111I11111111I11111111 PO Box 1~io2. . •. ' i Seattle, WA98109 .' ...•. / ATfN:C6nstrUc~onI;i>~~Dept·'''··'>,,20040427001550 -'::'::""':":""'~"""/,' " ,',' GR;(NT1~i:" ,',' :0 .: .... ). ,.i">"";' /"'/ i "~~~::rCF e15 DT 53 .. ".. "',','" ..... . .,,412712_ 13 13 ;. ...• KING COUNTY, IIA .; .. ,Y"· :'~',.) ",. ",., ,~ '~ .. CQNs-rkUCTlONDEED OFTR{]~T./ ASSI(';NJ\mN"r OFju:N'fg iNJj LiAsE;s, AND S)j;9TItiTvAGRE:it~NT;i ....... ", SBI DEVELOPING, d:;c.,.a'Wjghln;'C)D'~;~t~IlJillty~:#pany First American Title Company of\Vasllington"Trustee.i' ,,"" SEATTLE FINANCIAL GROUP, INc'i,Beneficlarr .",.,., , ..... " .... ;.' " ~Blu}~AI.!' "PmlliE Qtr., Sec. 10, T2JN, RSE, W.M.·'"",· .i· :"'A4diti~nallegal on page 15 T~PAR.c:EL #::( .. l0z34)5?lCH, 1023Q59241, 1023059330 and 1023059404 \ "",'::F1R'ST AMERICAN Q-~t{'7;;Z \ C;-/~ THIS DEED OF TR.us·f;AsSIGNimNT cW rl:NT,S AND LEASES, AND SECURITY AGREEMENT ("Deed ofTru.stj IS made this26tjl da¥ofA.ptjI2004, among SBI DEVELOPING, L.L.C.. a Wlisllfu'gto!i llniltedllablllty' cmiip""1y;("Grantor"), whose address IS P. O. Box 73790, Puyallup, WA 98:373, w.td FlRSTAMEJUCAN TITLE COMPANY, a corporatioD, ("Trustee"),.)Vlj.ose addr~ssi~ 2101 Fourth Ayenue #800, Seattle, WA 98121, and SEATTLE FINANCIAL GRpUP,INc:;, a Was!liDi:t0n¢orpo.~t1on, ("Beneficiary"), whose address IS 190 Queen Ailne:Avenue .No. #500; POBox 19102, Seattle, WA98109 .;... .' " .' .. ' .' .""" For purposes of ArtIcle 9 of the Urufonn Commerclalt:od~; thi~ I)ee4'OfTiusti constItutes both a Secunty Agreement WIth the Grantor being the Debforand tl;!lJ?ehefltilaIY",. . .. , ,.> .. ",", ....... " .. ,6eJh~iheStlCured Party and a Fmancmg Statement filed as a fixture filing in accordance WIth .... ~ectJon9-402(6) ofthe Unifonn Commercial Code ,... /-'",. '-""" ..... ",:' ./' for v~luablireonslderation, the receIpt and adequacy of winch are hereby acknowledged, w'" Giimtor he~by'grants, aSslgDS, cwve»s,.and confinns unto Trustee in trust with power of sale and ", rlghlP'f entry' anq.p·oSjlessl,on.aU··of ~Ior's present and future right, tttle and interest m and to the ftilloWirig dllicriQed ~\li Prop~ftY. Granlo:r:.also (I) grants a seeunty mterest to Beneficiary m tbeMl6Wrttg dllscr;ibedl'ei~onal Ptbpet!y, (1l)/i!ssignS (subJect to the collection nghts hereinafter provided) ih,e foUo:..nng de~cnb¢&.b!ts an~te~estand (UI) grants Beneficiary a seeurity mterest m t1ieJolloWlhg described :PIoceed~:(w!ucl{Proceeds, Rents and Leases, Personal Property, and ReaJ'Property ~ hercin*;,'~eiT~ to collectively as the "Property'')' A Th~Tealproperty ui~t:l·'cok,6f.K;tig,State ofW<!shington that is legally descnbed as follows . ..' .. ' ... " ':""" ".,., ';, <.1" ':::;" •• ::"/ ::' A portion of the Nil quiirtetofSection 1O;'r6wnSluI'23~9.~ ..... , Range 5 East, W M , as Sp~cl1lJ:ally..,4es~nbed.nn EXhiJit "A..... "'- .' '·.,~ttached hereto and incorporatC!i herein"t~y this r<¥ere~" ... '''' :-' ("Real Prop~y");\ncludmg without Iiuntailon ~ib~I;~lIi~'lfupt~vem~ts::fixtUre,s (ow'or herc;<ifter 16cRted thereon, and including without Iinutatl6ii~j alr funtiiiiniigs, aPP#teI\ances, e~en$, reYerSlQhs, remamders, water and water nghts, pumps andpumpnig plan~: pipes, fltUnes,.~d <iltcheS' therewJ.\o appertairung; (it) aU machinery, eqiupmtlllt, JII~te(iaisiappliances Md fiXture~'of every.kn'ld'{I11) all wall-beds, wall-safes, bullt-m fumitfu:~linc;l'lnstallallOn, ·shelv1ng,.-tock~,p8rtitions,qoor-stops, vaults, elevators, dumbw8lters, a'ivni)lgs,'Wmdow ~hades. venetlllD. .. blmcjs;·bght fixtures, fire hose and brackets and boxes for saDie; fire sprioklers, a1lUm,systen{ df.,pe,y ro~s and b,aoke\!', screens, lmolewn, CaIpcts and carpeting, plumbmg, launctrY'iiilis arid tr:jys, Ite boxeS; refrigiinttors, heatmg units, ranges, water heaters, dishWaShers, home laundnei; gsrbage d!..i'!l-osal \llI1~, mdneJ;ltors, conununication systems; and (lV) all mstallatIons for'w.llich any' arich btllldinl;l or ®pto.vement is speCially designed; all of SaId Items, whether now or heteafier in~tal\iid or attach!ld to the RCl!l Property bemg hereby declared to be for all purposes oflhIs Dee~ ofTrusl.a paq:oftbe rell.Jly·" B. All tanglb;~'3ndillf:@bl~;~b~rpr~:Ii6wor hereafter used or acqwred III connection With the ownerslnp, development/operation or ,JIIainteDluJce of the Real Property, mcludmg without lilUltallOn any of the imJpeJ;ty des':nbect in'the:precedmgiiecoan that IS conSidered personal property and IS subjecHo'\he proVISIOnS a(:Arncle·, of ihe Umfonn Commercial Code WIth respect to which this Deed of~t is.a Se¢Untjr Asfec:mCiifgrantmg to BenefiCIary, as secured party, a seeunty interest m aIfs1,lth property (\Pe~niil Propert}l.') , . . .. , C All of the present and future rents, reven~~;;ssl!i:s, phifits,and~cori\eoftb~ Real Property, and all present and future leases and other agreements for !he occupanc;§ gi-use'of all or any part of the Real Property, mcludmg WIthout Itmltation all cash 6r secifrit'y .. depDslt~;''' ',' . .. ,." SBlIDeed ofTrustl2068-10014 P.ge~0f.!5 '~. ..... ,,, .... ;~~,;~~~ rentals and payments of a slOular nature, and all guaranlles of the tenants' perfOlmance '!iliderfuch IellScs ("Rents and Leases") , p.,AU,cliSh, msurance and other proceeds of the foregoing ("Proceeds"), <,ii Thl~;6ee4.15rTrust Is,ex&:ute(l/bd dehvered for the purpose of securing the following obIigatiotist'S~eured O~Ii~t1onsy::""/"''', ./ '.~. .::' .~:,.~,/ . .;' .~:::. ,,', , A:'PaY¢eul~f qta6,tbr's PJ;filli~ry!Note of even date herewith (''Note'') evidencmg ii'q!>nstri¢hon' lo3l\i("C6~structifi!].:(J;ati'') ill the origmal prmcipal amount of $4,561,500.00,·wUh mtc;test,.payable toB~enCiilry or order, and any modifications, renewals, or extensions thereof. "/'" ... , .. ." .... ,. ;; .... B, Payme~~ a!llr~erf.&m~ccc.f,~ry.o!>h~ii!lon, ch~Jant, promise and agreement of Grantor contameii'il\,tinsbeed o/Trust .,',.;' /" '.',.' ", C Payment and perfo~atl~e ~f eS~ry9blig~\lbn,~vcm;;;;t;Pro,Jl'llse ang'" agreemerit c6nt~med m the Construclion Loari'Agreernep,t of ev~ <hite,,!l!%ejIY\th.betw~ grantor and BerleficiarYand m each of the other IDStnulieuts and weeiteI\ts'(ofuer ihan}he ~azru'dous Substance :(nciemfllty) exccuted by Grantor for the b~"uefi,t ofBen¢iiclaryiil~onnecgbn ,#Ith the Constl'uctjOntoan(coIlccllvelyand together With the Note,fud Peed'ofthlst,,!he,"'CQilstrucllOn Lok Do,iimte)rts'')' .' ".. " " , .:, ...... "" ..... ;: ,.' " ,/ D/ Payrneu(of future advances and additional sums ana:.lp~~~t thdeon, wluch ,'may heteafter Ii loaned by :81lncfiClary to Grantor m connecbon With the·to~Ctlon Loan, . Pr?Vlded, ho\Y~ver, t1)at'nothlng herein contamed shaH be deemed 10 bind or coriumt Beneficiary tolC!l4,~~h'ad4itiolljll sums / ,,- Grantoi:,proinis~s 1l!i4'~~'unti]:ihe Note and all sums payable hereunder are paid in full, to perform and abld~'hy all (if the{olIowriJ,g·terms, covenants and condilions .' :, .. ",.~ .. ,." '. :,,;.: . I Paymeni Grbt6r~ball p~y ~e N:6~~acco,rdmg to Its terms and payor perform all other Secured ObhgatlOns. Time \so(me .~sence arid fiiiiure to payor perform any of the Secured Obhgabons, when dU~;"sha:lt calise the wholefud6bteqness'bereby secured to become unmedlately due and payable at the optiOn o{theBen~fili;ary.Yl1thout notlce, and t1us Deed of Trust may be foreclosed in accordancewlthS~ctlot!S 14 an,d d'hereof, All monthly payments made by Grantor to Beneficiary shall be aPph~d by Benef\clary"fils1;'19 tbe jnonthly reserve amounts due under this Section 2, If such amounts al'C then reg\urcii byBenefiolary;second, to , any repayment of advances due under Sectlon,,9 hereof;,iIurd;to mt~t dUe on the Notl::; and fourth, to the unpaid pnncipal of the Note " ..•. .' " " .: .. ; 2 Reserves. Grantor shall pay to BenefiCiary, if~l\efi~,~ $6 re~inI:~"in addition to the payments required by the Note, a sum each month equiiI td;oneCmfCl~h (lII2}'of, the annual real estate taxes and any other assessments against the Real Prop~rtY, ~uai hazard ".,;,,,,,., .' .' SBIIDc.d ofTrustl2068.10014 • iinsur3.I)~ep~emlUms and ground rents, if any, to pennit payment ~fthese obligations on or before , the duedate,:tmd such sums held by BeneficIary shall not bear Interest for the benefit of Grantor. ".' thebeneficla.l Interest in reserves held by Beneficiary shall pass WIth any transfer of title to the ."...,,, .... .-,",' ." R6lll pnipcrt}i, ~ol1liltary or lllvoluntary, except that, In the event of a foreclosure or Trustee's sale pursuant h..teto; Beneficiary at tI1Ctifu~.ofthe sale shall apply such funds, Ifany, agamst the ;Unou.i\t due ,~d oWili,g o~ th~Note .. " ,/ ." .~ ': ;,' :: ': ./" :( .:.,. ,." "",~. ':. """'" ,.' .,. i.f~x~ 81i~ A~ei~,::ts,'~;~i shall pay, at least ten (10) days before delinquencyis!! tax~; asstssIl!Cnti;'groun(rencts;";ater charges, liens and encumbrances affectmg the Piojlerty I(ihe pilymeni th~~fis ii~t pnlVlded for pursuant to Section 2 hereof, and shall keep the Propertyifree:Mllenc~ and' ch#gello'~f 3Ily.government,J1r poliocal subdIvision or agency thereof, except ihe:1iens for ptope\1y taXes.and l6Calunprov,~imt assessments payable In installments that are not yet due: ... i':"/ /. ,,'''' "::, :"""'.i" : ..... , .... ,./,: ./ ~":: . 4 Insnrance . ( . "'., .~ ;' ~,. ,,", (a) Casualty Insuran~. o;.~tot swill prt,cute.and.l)laihtain, .,.htit}'espcct to the l4operty';'bo.th real and personal, and to d'ehy~t(; B,~efjtiary,at1~~thirty (39) d~§S prior to the,explra(lon o:fc existmg polIcies, insurance poliCIes provlding'fire and extende(j;'cov.erage insurancekd)nsui:lmce with respect to such other nsks asaiine.ficlllrysiil\lI at'anjitJrne require intiinoup.t ang'fonrl and in compames satisfactory to, and with 1000s payable to ttt~ BenefiCIary. Gfanto{shall'pay 10 Beneficiary, as BenefiCIary may reqUIte, a reeto,coYer ,costS of,rubstItutlng J;ohCl~ mllie ev:e'ntth~'Grlmtor replaces any pohcy prior to Its expuatlQ~:' Ali in~tirance (proceq,riiay ge ~pplled to any debt secured hereby or any installment thereQf, a.tbe released at 'B~neficiary's.dP!ion .. Neitherthe apphcaoon nor the release of any such procCds shall cure or wlilv.!<.~)'.defalllt or'no~~e of d~!ault.lt~eunder or invalidate any act done pursuant to such notlce Unexptred lI1Sut.mc~·shiill pass With any transfer ofotle to the Property, voluntary or Involuntary, ofllUrslilliit to,i\W fOJYClt;Jsure, or ;:rrustee's sale, and Beneficiary IS hereby mevocably authi:lI;ized to"as/iigD,,\n Gtantor's,narite, such insurance accordmgly Payments made pursuant to Secnoii'2'sIlall tiot ~heve Griintor oftheo1!jlgal!on to procure and dehver msurance as required hereby except th,at Beneficiaryshallpay.tbe PteJ1;liums of such pohcics provlded moneys p81d by the Grantor·to. BenefiCiary under sectlgfl2.hil'v-!, been suffiCIent and are available for such payment ",'" '.' ,'.' "", ... "." (b) Liability Insurance. Grilntor sm;ii'procure'and1J181ntain liabIlity Insurance covering Injury and damage to persi:\ns aI1.djiropert:r. in amo'll!1ts a#d on terms acceptable to BenefiCIary. . . '.. """', (c) Flood Insurance. Grant~;~'allProctrre~d m~~;aIDPOOd~Slrrmwe If the Property IS located In an area that is conSIdered to be afloodtlskbytbe .tJS:Department9f' Housmg and Urban Development .' ." ' .• ,.,i ' ., ..• ' .... SBL'Deed ofTrustl2068·100 14 " /...... (d) Rent Loss Insurance. Grantor shall procure andmamtam rent loss IJ1Suraii'Ce in form and with companies acceptable to BeneficIary for a tenn of no less than twelve (12}mon.ths sO that the Property WIll contmue to draw revenues at the pre-abatement level. " ; , " ,."','.,. '/':'.'5'. Actio~s Aifectliiji"ihe Property. Grantor shall appear In and defend any .' ~ctlOli'or pt06eedin,&pllIpC)rti;rilfto a,ff.!li;t the Property, the secunty thereof, or the nghts or powers qfSenejlClBry or,TI:Ustee arip; ifg(i'req\lj:sted by Trustee or Beneficiary, \0 commence an<i'mllihtain ac:i~ol.lii an~ praceedu)g~'foi-thepiizyb!i9 of protecting the Property or said nghls and powers, all'at theeicpedse of Gt:lri1tbr: Shoqld'T!:Ust¢e or Beneficiary appear Ill, defend or commence aMm8ljltfun liiiY S]lch ~ons or'p~tledmgs or, should swt be brought by BenefiCiary to eiiforce this D.eed of'Trusror the ijote, Grantor shall pay all costs and expenses thereof, including cost~f e\!idenceoftitle,uid artomWs,fees . . ' ...',' ,.. :) "':'} 6 Trustee's Fees. 9~tbr sh~pay;ulfee~'andc:~¢ses of Trustee In connection With tlus need ofTriislilngiuding WIthout hnntahoniartomey's fees actually mcurred, as provIded herein or by statute.' '.' " ". .' .•.. . . ", ..... :,.<, .. . '~ " /".7, Late Payments. In adchtlortto any Ji'i,tenit th;it acfu.u.~·o~ th~ outstandJiig balance of the Nbte at the default rate, Grantor Sball,paY toBerJ~fi(;lliry;,a:'late c\iarg~" of$·05 per d?llar ~orany payment not made to BenefiCIary WllhlPfifjiieI,!'day;;_!lft~ the,~e s~lI be due to cover the eXtra ~penses involved In handlmg dellnquent,paym..ent~. .,i ,:' .i .i :,: ,: ... ' .... .... 8 }lodlfications .~:: ,,""""'"., ,,- ........... .i,' (0) MOdifications or Loan Documents. Beneficl;u,yi~r'J;fustee, at the request ofBe,n~!i'ciary;·Wltholjt affectmg the habiIity of any person WIth respect'to any Secured Obliga\i,gpsandWtth('utBtreq.ims.thclten oftlus Deed ofTrust upon any Property not thereby reconveyed, maY frQrn ~e 16tiine, with6ut nonce, agree to the extension of the rnatunty or alter the terms of paYlncD£'of such,bbhgal1(lns, tele~jl any person so liable, cause to be reconveyed 8llyportion or alh!fthe Piuper\)(;:takoi'op:elelisc'6ther security, make compositions or other arrangements WIth r&pect tii su~h obhgaiions, j<>in m,grantmg any easement on the Property or In creating or releasing any ·covenari~.restrii:tIn~ use.:'the(eof,.or JOin In any agreement suborchnatlng the hen hereot.""., .. ,..}r, ... (b) Modificatloils byBeli~fi9iarY' Wltl;1out af{cctlllg the habllity of any other person (mcludmg Grantor, upon cOnvC)'ljllce of the PrPperiY) for the payment of any Secured Obligations and without affectlngihe'.jlenherilof~poniinypfOpertynot released, Beneficiary may, WIthout notice, release any person So hable,extC)id thi: maiurrtYoT1t1.ochfy the terms of any such obhgation, or grant other mdulgendes;'celease ()f re¢bnv~·br cause to,be released or reconveyed at any time all or any part of the PrOPI:rty, take m;~lease:aJi')> oth!rr· ... secunty or make compOSloons or other arrangements with defifurs.::Be!ietiC1~may all!il.8bcept/ addItional security, either concurrently herewith or thereafter, and SelUiarb.e or olllei'Wi~e:reabze thereon. eIther before, concurrently WIth, or after sale hereunder. . .' .:........ •..•.•.. :' .. ( "'''.: .. ,," SBIIDeed ofTru!tI2068-IOOI4 Page~ofJ5 ,":" 9. Advances; Inspections. BeneficIary (or Trusicc), WIthout demand or notice l\iid without ""leasmg Grantor from any Secured Obhgations, may do any or all things reqUIred of Q"pfurpyany of the provisions of this Deed ofTrust that Grantor has failed to do, and may :'m<;fu-and pay e;peiiSesin connectton thereWlth; Grantor shall pay to Beneficiary (or Trustee) on demand all,Su.rii.s ofmoniiy Bene,fiCiary,(or Trustee) shall expend pun;uant to thIs SeclJon, " tilgetller witjl" intc:restupoil e!li:l{ of said amounts, until repaId, from the time of payment thereof, "at atioauhgrateequ~l tO~llC'perce]jf(6.0.%)'per .. aIlDum over the prune rate of interest of Bank of Anienca. ~.A /aspUbliclY·l!lmoum:~.aiid in c;ffe,ct!Jom time 10 ttmc or such lesser maxunwn rate, l[any, required biapphca~lej~. Be4e--ficjhry,:( or Truslee) and their respecttve agents are authonzcd t(j.~ter 1jjii:m any p;iit ofjhe Rel!i ~cipeity at any tnnc for the purpose of inspecbon, or to carry out draDtor'sbbli~~tio~he~d~': 10 Re~ts,/~l oi~et"'ts;lSsn~aild'P;()fits ofth~~erty are 8SSlgned to BenefiCiary as cODSlderabon fei theLoali' Ai oflhls ,!l~te mi rentsb~ye been paId in advance and m the future no rents will be aceepJ&i ui adYa¢e (qtfiei,\han;curfunt.ientals) or m amounts less than specified under leases now or her~,aftei-on th~'Property: Unlll"defa1!lt be made in payment or perf0JJPl!l1ce of any Secured Obhgations, drani9nnay collect arid ~e!lu1i'S\lcp rents, 1.~SIl~S and profits as't/iey,become due, Upon any such default, Ben6ficiary:may'at,a,nythnc, with9Ut !\btlce, Clther bY its agent~, attorneys, employees, or byil'f~lv~,to b~;'8pp01Di~,~1 a c9urt,,~dWlthout regard to tQ~,adeqilacy of any secunty for any Secured Obliga.tions, enter upon aiid ,Ulke,.f posseSslOJiofthe Pi:operty, do any acts BenefiCIary may ifOO!:h n¢ilessary'or propedo cp'nserve the vallie thetoof,rent,iease and operate the same m Its own name, iind Collcct arid receIve all rents, 1~~Ues ~d profits !hereof, mcludmg those past due and unpald, aPplymgth~;slljrie, l¢;'s costs and ¢Xpenses of'ope1)1bonandcollection, upon any Secured ObhgalJons Neitllerti1e ~8iong of ,'POSS';ssl!>l{norl!ietollectmg9frents, issues and profits and the apphcation thereOf, as aforesaId, $ball cure or yiarli~ 311y'default or nobce of default hereunder or mvahdate any'a6t done pursuant to~uch notlee' ,; , " ·'·'·.".r'· ;/ ,./ ,/ '1.1. Jud~e't8. Awards ~ttd §ettlements. All Judgments, awards of damages and settlements ho;reafter"made as'a reSt!lt.Df Iii' inJleu of any condenmahon or other proceedIng for pubhc use of, ~rfof'3nydw$ge to, ili~ Real Property or the Improvements thereon, are hereby assigned and shall b~ paid tEi tl1e Be.nefiCiaryio the Cl(tent of Beneficiary's outstandmg mdebtedness, mcludmg, but not lurnt¢<! tq aCl;fued but unpa1d'mterest and addltlOnal adVallces (il any) made under the Note. Grllntor'3.8n:ts toexechte s~ch'fut:t~efilsslgnments of any such compensatIon, award,judgment or sett1~mentthlit may ~ ~,~,yed bY. ~tor. Beneficiary may apply any and all of such proceeds on aliySec,ured Obhgablihs Qr release altar any part thereof. Netther the appilCabon nor the release of sucn'pro¢eeds shall c~e orw/llve ~y default or nobce of default hereunder or mvahdate any act done ptris~t (6 sucl1 notice:: .""'.", SBlIDeed ofTrustl2068-1 00 14 12. Default .: ., .... :,:: (a) Acceleration. All sums secured hereby shall mllnedlately become due : 3m$payilble,jlotwltilStandmg the terms of any Note evidencmg the same, at the optIon of BcbD.eficlary; ana withoutdemand"oinbtice, upon the happening of anyone or more of the rOllawmg::' :i ··''":./.i ./ ....... :,.<' . (I) ~P9Il:id~faUI;~n;payment, when due, of any sums secured .. ;: ,."":.'" .... -.-:;-.' .~~ / ~, ';" '~; ;i' ./ ::(11) vPonJ~fkttot~conveymg, sellmg or encumbenng the Real Property or any part th~f.or any' mt9'';''t ~eretrt wit:!l!lut the pnor ~tten consent of Beneficiary, or bemg divested ofiitie,or ¢y ~ca:esf therci!J., in any'miitmer, voluntary or mvoluntary, specIfically set for,th as.follo'ws:i .: .. ,.'.\./ Th~'Graritorilr its skess6is.:imd:=~ shall not seU or transfer dJ,rectly or ind1l"ectly all or any'or'tbeGnu40;'s mt~ m.llie Re;;l'Property .......... . Without liidjmor written consent of Beneficiaty. Ii tlteGra!itor ~lls6r.~fem:any sjiclt .i mteresfin the R:eal Property, BenefiCiary or Its ~~n. ,rir ~ll!Ils.~y de¢lare! the.,i entirebalan~e secilred by this Deed of Trust immed;ately:duelinc:\'{,ayabI6"~, aliis ~ole ," optIoh, maY trtc~ the mterest rate to be charged on theindeb~dneSS's¢ured" hctcby;' uP.to the,prev#llmg'mterest rate then quoted by BenefiCiary for i~an;;:'ofSmulal: qtialIW and term:, an<;!ior may require payment of a reasonable transfer feiiand.a,\\ eJf.penks,.!egal ~d o¢erw~ inc'urrcd'by,Beneficlary,·:... .,':' -:,-;: ,.,.·'seneficlary specifically reserves the nght to ~ridJhon its C6u~~nt t().a'~ale, tr;fusf~, asln8D;lIlent., encumbrance or conveyance (by way of 1llustranOn butnot'by yiay (jflullltal1oil):l'pon Its approval of the finanCIal and/or management liblhiY.ofthej)~ch~ •. assigne~ transferee or subsequent owner of the property and uMn the f911owmg'pro~ioi1s hilVnJg been satIsfied: (i) an agreement to mcrease the mter$t'ratc o{theNote, (ii),the payfuent!>f a reasonable transfer fee and (m) the payment of any ex~cnses.inl;urredby j'Jeneficuiiy all a result of the sale, transfer, asSignment, encumbrance or conveyance of the R~al Prop~ ".:' " ,," . ," """""'" .: .•. ' "". For the piIrpost;s.oitlul llb(jve ~~~.Jlte term "sell or transfer" shall mclude, m additIon to thc901lll)l<Jn and oidmllry il;Ieaniiig of those terms and Without limitIng therr generahty, transfeI~/mad~ tosu¥l<liaty o~.af!ihatd:ennty(ies), transfers made to a reconstituted Imllted partnership.:tran,sfersby arty p/rrtn~htp·(jt·. hmlted hablhty company, or to the partners or membel)!ther.,bf; 91-Vice v~ transfeis: made by a partner to other partners or to tlurd parties, transfers 1>Y 3IJY coipiiratioll'to Its.: stockholders or vice versa, any corporate merger or consohdati6n, <U1d tri1n'sfet:t~ltde by any mdivldual(s) to any other indlVldual(s) or entI1y(les), or VIce verya;" t.,.". '.,: ,.,:':' SBlIDeed ofTrust/2068-10014 Page? of rs .""'"". i": ..... . (ui) Upon Grantor's obtairung secondary financmg dunng the !enn ofthe]'Ioteor this Deed of Trust, or Grantor's entcnng into any subordinate debt instrument of ;inYJdnd,pemittUng any other encumbrance to attach to the Real Property, or -,,"-""""' .. . ,' .. •. .• .., " .. (IV}UjYon default by Grantor m the performance of any covenant, tfum Of cQri.ditJonher¢m Or iIl"ilie Co~ctIon Loan Documents . .. ,"',:.,- """""'''1' <.i: ii/ .i /" (v) U~,'&ant9~aid\lfault ill the terms of Its obligation to constriict aitJpfoveihen~' Onithe J.te.i);PfOpertY~~U;.nt to any construction contract, or other agreement retllted th~o.(col1eCtiveIY the ';Co!1~i:tIon Obligations") or upon Grantor's default In the terms 0{i~6blig!dion p\rrsu~t to'WY.f~hase and Sale Agreement (the "Purchase Agreement"), now CXl~g pr hereafte\;icrClltcd fOr the.:Real Property, ~)'~eneficia&'s'Act~D'~'~ '~eh~~i.f Gni'to£ Should Grantor fail or refuse to make any payment orperrOITI\Rny6tl1er o1;r!lg~ion'Sec!l'hx!liereunder at the time and m the manner herein proVIdcd, then Trusiee andf6r ~eneficliirY, c;a:Ch.!ri his or its sole discretion, may, Wlthqut nonce to or demand upon' <hantpr aild WIthout rfleaSing,dfantbrJrom any! obligatIon herl;Of. .•.•. ', ... , ..... , .. .c" .. /\.. ..........\, ./ "'" .' .' ..' (i) Pay or perfonnthe~~e in SUchin;~~r2d tei suih eit~nt as may.,be deemed neiiessary to protect the secunly of thts Dee!for.:trust;·th(,!Tru~ee .. ilnd(br Ben~ficiaiy being aUthorized to enter upon and take possession Of sajd'Prope~ for su~h Pn .. 'm' oSCS . .': """ -1" • .. ....... -;.: s s , .... , """1, .. .,' ....:: •.... "" ,,:' .,.....·· .•. (11) Commence, appear m or defend any Q.;'tioJi'or praceedmg ". affectmg or p¢portmg,·ro,a:ffcij;t the security of this Deed of Trust, the mterestsClfBenefiClary or therj.ghts, poWois 3I!d duties ofTl')IBtee hereunder, whether brought by or agalnst Grantor, Trustee"iir Ben~fiCliiry; or './'. . "' / "" .' ';'." ,) :..... iii'.,,' (i\lrPay, .. p~chilSe,:contest or comprotruse any prior claim, deb!, lIen, charge or encfunbrance which m thejudgni~nt of~lther may affect or appear to affect the secunly oftlus Deed ofT~t, theinlerests6fB~ne~iatyorthe nghts, powers and dutIes of Trustee hereunder .: ... (IV) Ent~ the RealProjlertjr, and perform all Construcnon OblIganons of Grantor, under any conti~~ fqJ:.the p(l\liructiOii~f Im'Pro\!iltnents on the Real Property, and/or perform the obligatlons ofG¥ntor Ullderthe PnrchaseAgniement .... " ..... ProVIded, however, neIther Tfust~ noiBeri~fici~~htilI be under any obhgation to make any of the payments or perform any of the actSab6ve.fu.ihl!10~ed:but;·upon. electIon of etther or both so to do, employment of an attomey.of attOrneYs·!s a1llhdriZedimd, ..... payment of such attorney's fees IS hereby secured. Grantor shall rePay;orl det;itand;any'sums .'/ prod or advanced by eIther Trustee or BenefiCIary pursuant to this Section: 12 ,jnl!hn.t~reSt 11Ii" accordance With Section 9 of this Deed ofTrus!. .... SBUDeed ofTrustl2068-10014 pag •• ~ of 15 /~"., .. . .' (c) Optional Acceleradon of Debt. The Note and all other sums secured Iiere.bysllall become due at the option ofBcneficiary if Grantor, Wlthout first obtaining the : 'written gonsent ofBen~jjClary thereto shall assIgn the rents or any part thereof from the Real ProperlY; of'sM}1 conscnt:to the caIlc'ellation or surrender of any lease of the Real Property, or , lIhY p~ th6-iof.l).O\Vexlsimsoihereaj\er to be made, having an unexpired term of one year or inore; or:sh~ m6dI£Y anys)lbh lea~~'so 81>to'sllOrten the unexpired term thereof, or so as to decte,a,si the 3llI6untof tlie ~t pay;\bIeJhereUJid~;or shall in any other manner impair Ihe securitY of Beneficiary/or Ihe p~~,fut of ti1.6·,¥t s¢cured hereby """ , .•. , .... ,/'( d{ cr&s D~tault,)~::tie~~~clary IS now or hereafter becomes the owner or holder of a deed of trfu.1 qh othci prqp.rty·or Jihother deed of trust upon the Property hereby conveyed, or any part tberllilf, O'!'Wlu9h Giiml9f Is.a·maker.or ~i(jr, and such default IS not cured Wlt1un the applicable curepcn,6d, .if any; Jiillure 19 comply wlt!J.iny of the reqwrernenls or COndItIOns of this Deed of TruStopiny,Of the qther~';cif,I! oftru~fshl!il, at the opuon of the BenefiCiary, constItute a default ulidet"iUl srich' deeds oftfu~i, th~ebY enabling the beneficianes IhereundCJ:!o pursue any avatlable rem~d§. A defiiul~,under the t~s.,6riliis'~eed ofT~ any other instfufuent securmg the Note, or any of i:IIe oiliercon~tiuc~bn .LQ3Jl,.poc~cnts ¢'tali·' constitute a defauJt under tlus Deed of Trust AI."" a!,iefault U1iderthe..i;~paiilte ~az¥doll~ SubstaitcesIndemruty that Grantor has executed orwtll eXecutc Ut"Cormecuon with the " Comrtruct1J;111.oan~hall constitule a default under (but shall..riot6e s\'Cured by)'tlnsiDeed of TflIst .' .' .' . . .' ," .c· .... . .' ·· .. (e} .. Notices. All nouces gIven pursuant t~:~S'I)~cl::~f:T~{must be In .Wntu1g ~ wlllobeeffectlveJy given when personally dehvered or matledj)oIi!ageprepatd, c9flifie(f~r registered!J1atl, reiurn receIpt requested, to the address of the parties on page I of thIS Dee<!. ofTflJsl or tosuch'other addres.s as a party may hereafter deSIgnate ID wntmg .,., •.. ",~ .... , -' .",' :: .' -,' '~'. b. Co'(!~naDtSRei\ardiD!t the Property '. .,,".1" .", '., :. : ..•.. .... .' '-". ck;;ntOf~i:r airees"''; (a) TQProtec(preservl'imddeferld thel'roperty and btle thereto, .-.... " .' .' ' .' , ·'·'h .. , .. '" . .':, ...... . (b) To keep all buildlngs.,;'r mipI'Q'vemeiits nov" orhereafter on the Real Property free of termItes, dry rot, funguS,beetles an~fotlier WOOQ"bonrlg;\i{ood"eatlng, or hannful or destructive Insects and m all respects pi'oJliit-iy to care for an4·keep.ajl of siud buildings, structures and IIDprovements in good condluonll!id ~Cpatf,' .. ...... ,. (c) To keep the trees, vines, s~bbery:pllints;lawlt$~d9ropsilierec)l), m good condition; .... .;::;::' (d) To comply WIth all laws, ordmances andre~IJtioris'no";d~bbre!!&r enacted affectmg the Real Property or other Property or requiring any alteia!tons 0r..:'· . . .' .,., SBJlDeed ofTrustI2068-1 00 14 Page 9 of 15 " -:':"'.1. ,.,"'".".,,, .... ,~;~~elPents to be made, includmg delivery to Beneficiary d~g the term of!lus Deed ofTrus! ... and wrthln ien (10) days of Grantor's receIpt of any adchtional penmts or approvals or irusallJlTC!vals infecting the Real Property; .-' " .' / /(e). To cO\IlPleteor restore promptly and in good workmanlike manner any bllilrungs oriinprc;lV&p.enb.; thal,iDay be'constructed, damaged or destroyed thereon, and pay ~hCJ1du~ ali casts uiurridtberefot;"and,ifthe.:tfote secured hereby, or any part thereo~ IS being obt~ed fQ'r th~ pu$l~o{ti.nanclIl&~trucj,iollor ltnprovements on the Real Property (1) to comniifuceconStni~tJo!iprqinptlY,,~~·dll~ily pursue the work to completIon, and m any event wit!riri,·tllirty qO) dliys from ~ date qf~slj'iStrument and to complete the same in accordance wrtl'fariy agr¢em~t5 reliitmg.tq'c6nstrucnon and plans and spCClficanons sallsfaclory to BenefiCIary, (u) 10 aliow:Benefl~Iary;'to';riSpect the Real Proper!yllI1d other Property at all tunes dunng coustructlon, (lu) Iqreplace.ny WOrl<;,6rma~als un!!littsfactory to Beneficiary WIthin fifteen (IS) calendar da)'\iaftetwriUenrioti~e to Graritor of ~cllfact; and (iv) not to cease work on the construction of such.mip~ements for.allYreason whatSbever fur a period of fifteen (IS) or more consecunve days, .' . " .,.' .,." .:' ", (f) To permit no wastdor Jeterleratlqli; and <" '''''',\{ " .,.... ,"\, (g) Not to remove, substa~tJafi; alter '!i'd~~I;~~~'an; bJdili' or' Impr¢vemehton th~ Real Property except as required by 'subsection ~e)"6fthis.Section·' .:": :,' ":, :; . .,. ::: :: ..... ,' ::: ,:' .:: .. i /14,Foreclosnre. Should default be made by GninI<;)I.~:pa~eJ1{ o(ky Irideb(lidness'secJed ,hClte\>y or in perfonnance of any obhgatlon. covelianli' PJrimlsi: or :agreeir)endiereui, when due;-.Beneficlary may declare all sums secured h~rel:lY Imfuechately due . '<\lid payable, ~d.~xec\ltC,andllehver to Trustee a written declaration of defawt;fud demand for sale.and wnttennotll:e of default, ano shall surrender to Trustee !lns instrument, the Note and all eVld~h'ccnif expenditureS heri:under '. Thereafter Trustee shall cause such nollce of default to be sent or dehverect m",u:ci)rdaild wltl)..the D.eed of Trust Act of the State ofWash!ngton . "..,... '., . . A.ifer,thej~p,Se of~cht;~ ¥JIIlI.~ the,tl be reqUIred by law following the mali!ng of the nobce of default, and.not1c,~!lf sale haVIng b~ !liven as then reqwred by law, Trustee, WIthout demand on Grantor/shall seli;theReafPropertyits penJ:l1tted by apphcabJe law at the hme and place fixed by it m the,ll,911c'~ ofsal~at pcibho~uChon"· .. Trustee may postpone sale of all or any portIon of SlUd Real Property by jiublitl\1)iiomJCen'ient iit such time and place, and from ome to tJ.me thereafter may postpone stiCh sale"by public ann(jii'ncemen:fiiithe t11Ile fixed by the precedmg postponement WIthout furthernoiiee, Trusiee aiay nlake .. sl!ch sate at the bme to wluch the sale shall be so postponed Any perSon; mtludihg ~enefl.CiaJiy, but e,!(ceptlng Trustee, may purchase at such sale.' , .... ." ..... (a) Proceeds of Foreclosure Sale. Trul!iee shalkapplytl\~i>rocef:ds of. any sale to payment of: . .' ". ,'::, ...... .. "",:.,.:," SBIIDeed ofTrostl206a-I0014 Page 1.6 of)'5 '. " .... (1) All costs. fees. charges and expenses of Trustee actmg under this Deed of'Trust, fees of any attorneys employed by Trustee or BenefiCiary pursuant to the provlslollS hei'eof. Trustee's fees in connec!lOn with sale. and all expenses of sale. mcludmg cost .' of )li"ocWmg.~ ll1;kpoh9Y. guarantee or other evidence oflltle m connectlOn With sale prOcee~mg!l; as'requiredl1y Ben¢cfitty; .' ,.' .. " ",.'/ ., ... /"'(i':) 411'~~er'~s then secured hereby. mcludmg mdebtedness desful,'bllo Ijim:zi1. a\lsunis aqvanced'QI; eXpend¢(! .jlI,l,der the terms hereof and not then repaId, the mtereSi oneachoflhe~reg;'ing'l~,riS. 'all itCs'U~h ni8nner and order of pnority or preference as Bencficlarymay det~~ m lfu solll and abso!utediscrellon. ",;, .. , .. , .. ,'.". :,: ,J .. :. / .. "' .... ::. i' (m rhc .. ~~kd¢~. if any. shall be de.all Wlth m accordance Wllb the then applIcable W~8ton laws.,,i, . ",'." /"\ . . ' (b) TniStee~~ Died. ,'rxU'stCl),shii)l deiiv~to¢e purchaser at the sale 115 deed. Wlthoul warranty. winch shall c~fnvey' tCithepurchliScrth,ti mt¢i'est m the Real Property winch Gran.tor had or had the power to'CohveY at lhelime ofj1is eiecllnoi'foftjus Deed of Trust, and such as Grantor may have acquired lhereatteri'rUstee'.~'deed Shall., l"lCi):e tiie, facts,$hoynng that tbesale waswnducted in complIance wlth'a!'l th~,r~uirem~nts.,QflliW apd <¥tIns'Oetd of Trust.,whie" reCltru, shall be pmna facie eVIdence oIsucl!complIariee mlii'concluslVIl eVidence thereOf m .rav~T of bona fide purchasers for value "" "'./ r }' /,:' :-/ (c) Nonexclnsive Remedies. The power'i;f~1.e,~onr;;rred bytlus need of }'rust$d by'fue Dee4 of'l'fUst Act of the State of Washmgton is not an::~lU$ive~edy and, 'when!!~t,.eXercised(Benefi6i1lrY may foreclose thIs Deed ofTrusl as a moitg~ge.,' ...... . .. ,. .:,' ..•. ,:: "':::,. "',,/ ...•. i,"(d)" Betleficlarv's RemedIes. If any debt secured hereby IS now or hereaftCfsecured by moiiga~es,t\ledges;.guarantees. other deeds of trust, or other secunty agreements. llltluding~thoutlImi~on ihe security agreement and aSSIgnment of rents and leases containe&\ierem, ~elu;fici;U'Y *y,al It~'op1l0n, enforce Its nghls Wlth respect to anyone or more of smd scCunty'irrangeJrients. eithe!:,con.currC!itly or mdependently and m such order as It may determme Without affectlllg.lts nghtsheJ:iiun4~r iii}d wilhout wwvmg any default hereunder. ", " ..... , .. ,,' "" ... "." .,,'.' 15 Trustee. Trustee accepts'these tnists,when'tIns DjledofTrust IS made a publIc record. and Trustee shall be entitie4 to]:easo!!able compensatioi'(fota,ll servIces. mcludmg fees of Its counsel. employed m conneCIlOrrh(,fewlth •. and l!iso r~lD1bursemerit for all of its reasonable expenses. and Grantor agrees to paylhe saine.··· .' ... -''',. (a) Substitute Trustee. Ben~ttciary,Lay;at ahy tim.~.~o~lIlateand', appomt by wntten nonce another Trustee in the place and siead'ofthe Ttiuitee.,.naiMd hcire,m or,: . any successor Trustee, and a copy of such notlce of appomtrnent s~n be for'l1iardi:d,\O".Grantor;' and the original shall be recorded m the records of the county m which th~ nei:dofJrust IS ."" SBIIDeed ofTl1lstl2068·10014 Page 11 of 1'5 " ,' . .. ~ "':'" OJ",_".,,.._ .;: ;f~Cb~~~iL The litle herem conveyed to s31d Trustee shall be vested in said successor, wluch .' api)OirttbJent~ll be irt writing, ,." ,,-,.,. , :,:., ),'::./"""(!) Reconveyance by Trustee. Upon written request of BeneficIary statmgihaLansums secrii:ed herc;b'jr'have been p31d and upon surrender of this Deed of Trust and "',. the N9te to' Trustee' ror cabce)ll1tton and retentlon snd upon payment ofits fees, Trustee shall '::'bon,,~y, ~thoutWan'lmty; t)I~ Real::PtOpc;rtYthe(I held hcreWlder, The Grantee in such recclny.,yanbe n)ay.lie dcki)ed byrJ"'lliee eI\9:br:IIl!.Grsntor or "the person or persons legally entItled thci'eto "'fen (10) years,aftCi Issuat!Cd 01 such full reconveyance, Trustee may destroy said Note arid this ~ ofTru$t, ui\:less dmlcto;d'in"such request to retaIn them, d',. .......... .' .;: .. /., '., 16. Re,{Pro'nerty~ecti~~=L~ Desirable Security. Should developments for all, gas or rnmcrals on ihe . .Reall1i'opeity afanyiU¢'be SUCh as, III t!\.egpimon ofBcneficIary, to render the Real Property less d~tra~le 8lI':sccuruy for \Il.e Niite and"all/bther sums hereby secured, then BenefiCIary shall have thengj1i toileclahdhe ~<lteAueimq¥aYllble WIthout notIce and BenefiCIary shall have the S3lDe nghts:hereUnder f<,iT the colIec~on 9£ same as though the Note and such olher sums had become due bydefa4lt ot. matunty .. :=.-" .c" .... " •. :..; •... . ':', ' .. '.' . '.r ":;" . '.:" 11, USUry. Grantor shall not b~l111ble.~~ the p;i~entQf~Y cttkges6r niterest provi<t!.l. m.,t!us D~ed of Trust to the extent such cha;:ges,~XC~!he maxUniun I!lno.dnt ~rrrutted undljl'themwSofth.e State of Washington, It bemg fully~gr~i:d l!D.d utidCi!Stoo!l'thai It.!S the mtentio~,ofB#neficilary that this Deed ofTrnst shall m all respeii~s cbnform t9' tI).~ Ill",,\; oflbe S#ite ofWasjllngt\in "; .' .' . . ""'., . . ,........ 18 .. Substlttiie Tax. If, after the date of the Deed ofTru~i;: rujy 1a~ IS passed by tlte State ofWaS!iingt()nunpo~mg upon the BenefiCIary any tax upon the Note'or this Deed of Trtu.(, any j)alnliiy tg'pay;'anypart. oftlte tax agBinst the Real Property or other Property or changing'ln any waY the,laws fot taxatl61l.of mortgages or debts secured thereby, the Grantor shallllmnedlat~ly ri:Jmburs,C the Benelicl3ry for the amount of such taxes, excludmg any tax hereafter assessed,ag3lDSp:~cihefilil~~ m¢oD1~'In the event said taxation is lInposed and the BenefiCIary does not· waive .the rl:quiremehts'forkim!>ursement, then in that event, the Grantor shall have the nght durmg SaId perio~of1lUiatIoit topretiay tile then outstandmg loan balance 19 Nonexcl~~ive.Re~edies~o W~ivt~.,hefiglitsand remedies of Trustee and Beneficiary hereunder are not excIuslVe)ut sbaabe c;oncilrr."jtand cilnJulatlve with all other nghts and remedIes gtven by law to lruSte.es and ben~fician~;;nder d~~dsOftrust and to the holders of the notes secured thereby Anyfm!Ureon the plirt ofB~%iary:promptly to exercIse any nght, remedy or optIOn herein gtven or res'etvedShaUllOt pi-evllitt t6e exerc)8e'the~eof at any tIme thereafter Nothing m !lus Deed of Trust shall be.~6nstrUedJo preven.! B~eficlarYfrom enforcing payment of the Note without first forec1osing'!lusDec;d oftru~£Y . 20. No Agricultural Use. Tile Real Prope~~~rebi cori~yed.;s~6tIli~~ . princIpally for agriculturaJ pwposes,··· ~ ,.... /" .: •..... ,\ ,.""" SBlJDeed ofTrustl2068-10014 Page l~ of ,5 '. ,. .... 21. Additional Documentation. At all times, and from time to tune, upon the r!i!uest"ofBlli-!eficlary, Grantor agrees to execute and deliver to Beneficiary one or more vee Fman'cmg Stajements m-the appropnate form to give public notice of Beneficiary's security ::int¢:st in aILpcrsoilli.!·property owned by Grantor pertammg to the operation of the Real Prbper\Y, md)i11 such aSsurancCl\.(jf!iti~ and additional papers and mstruments as Beneficiary nlan¢qu~t/ --, . . __ .: .. ,.// ;~' "':.;' -i : iz. Comlniiment. "ih"::Ii;;;~~n8:0fthe C01llllllttnent Letter shall be binding upon Gl1I11tor mid:'~l1 miceSsors,mi'Jteres~tot¥mt9r and shall SUIVlve the executIOn of any of the loan doc~ents"mcluJjng,:'1iut hot hrmt~.I(i,:tIlis Deed of Trust and the Note referred to herein If any'dillrl'fict ¥ises .. fn theiconstn,lbuhrigf the loan committnent letter between Grantor and Beneficiary, WIth the terins heieofpr ofmiy.-of the other Loan Documents, the terms of this Deed of Trust and the ii~Loat:iDociimerits &Jlaij.l'ie ;;;)li:tt:ollmg; ptoVided, however, that addtllonal reqUirements of the c6!lllllillnent lert'l1'not cQntaifted m~.:i.oan Documents shall not be deemed to be a confuct .... ' .i' "". ';'::"" '. 23. Management Ag;~bi.~ntis. Irith~ even~ pf" a 4~faulforimy nature d~g the term ofttie Note or tlus Deed of Trost, BenefiClarysillii1have theiigJit,~o.,~~te any' ':: managc;in,ent a~ments, contracts or agents/~~~~s,i~on#>le.fDl:,ifj:e,p~opefty IljI,ma~ement ofthe.Real.~operty If srod property management IS, m ~neficI.ry's sole Judgnienti /. unsat!sfact6ryin my respect.··..· !, ..... ,.~ ,,-' ,'.,. ..•.• ,,, ••• ,I' .,' (~;'S~Verab!lity, The mvalldity of anyone or n:~t~c4~eI)~ts, phrases. Clauses, sentep6~ or ~,ec!ionsof tlus Deed of Trost shall not affect the remaniiiig' portions hereof, mid1J)is D~.ed ofTrulit s¥ll be c0!:lslI\j~ as If such IDvalid covenants, phrases, clauses, sentences or sections, If aily, bad nOt beeI)-mcludedherein . ". ,:' .:. .' ';, ... '. /" , ... \,. •..... (b).,Constl'~ction oh~m.. This Deed ofTrus! shall be so construed that, wherever applloable, tIje use of thesmgUlarilumber shall melude the plural number, the use of the plural number shall iiiclude~ smguiar nUmber, the use of any gender shall be appbcable to all genders and shall likeWIse be socol)iltrued as iipplicabiiiIQ and IDcludmg a corporation, llnntcd hablbtycompany, parihcrslup' orothor legal en!lty,' ThC(W6r4 ''Note'' shall include all noles cvldcncmg the mdebtedness sectJied hc!t{lhy' The term ';Benefi~ul1:Y" shall mean the owner and holder of the Note whether or not niuned as Benefici&y.herem capllClns are for convemence only and have no legal effeciil1ilie interptetation of the-Loan D·ocuments. .... .'.' " .' .... '.",. (c) Joint and Several LiabilityjHeiraand As~ign;,.All obhgapons of each Grantor hereunder are Joint and several, and this Deed of Trust .sbalhriUre tq!he benefit. of and bmd the heirs, devlsees,legatees, administrators, execut6rsisuctess6ril anliasSt~siifthei. parties hereto .• . .:.... ,. . ... ' ... ,;' SBJlDeed ofTrustl2068·10014 Page l~ of . " ." ,.. Cd) Amendments. This Deed of Trust may only be amended m wntmg $igncd'by ~tor and BenefiCIary, ,,' ... , ,.' /" ):i: /·,·"· .. ·{e) Waiver of Homestead Eumptlon. Grantor releases. relmquishes apd waives~lliights or~l.aims ofhomi;stead exemplIon and mcludes such nghts m tlns Deed of .Trust' . i '''''', .,' . /" ""':,/ ......... ~x~cut<i~ ~'~f th~ Jate trrsi!'hlxI~~:~Cn;: :,."...:' :' ;:' .. , .,' .,'< SBI l.)EyE:U)PlNG. L.L C . .... . / .,." ':', .' ".:. i;t:;;!:rm ) ) 55 ) .. ' /" "'"'' ' ...... ", .. .'" , ':: .. :;:;., ........ . . j Certl.~ tha~limO"-:.:b~,ha~~~;hsr~ctOI}' evidence that Gary J. Racca IS the person ~ho:~pp~e(tbefOIc me, and ':'" sBId poison'acknowledged that he signed tlus lIIBtrument, on oath stated that he IS authonzed1o e*ecute the \~tnuncnt and ~tkn(;wle<\g.a·'t as the Sole MemberlMa.ager of SBI DEVELOPING. L.L.l::. to be the free aod voliu!taIy act ai sw:h party for the uses aod PlIJ]lOses me.bo.ed In tlus UlBtrument Dated ~: 7ff:tay ~ ~ 2004" L ".:' /) SBIIDeed ofTrustl2068-1 0014 Page 1~ of rS . '. EXHIBIT "A" ,/ .,." .... ' LEGAL DESCRll'TION Parcti~ "ii.;·I . . " " .' ,,"',:.," ::. Th~N(lIthha!£oftlie Sciutli~ast Qlljla~lofth~'Nmthwest Quarter of the Northeast Quarter of Sech~ri 1(); To~pi3 North, .. ~ge 5 lliii;t oflh¢'Willamette Mendlan. in Kmg County, Washmgtori·.,.. ......... . ,,";.\') .... '···.i Except the the West 3D feel tliereofcony<:ji:~i' 16'Kmg County for Amehe Schcwe Road Extn by deed recorded under R,&:orQing No. 3~61892; i And except the South 16Q:feet atthe.West"33(Heet:· .> .\' ," . " :." Parcel "B": The Sauth8D feet of the West 330 fe~totilieNoilh l;talf ofthb So.tithl!llSt~er ofthe". Northw~t 'Q\1arter of the Northeast Quarter of SeciloiilO, TOWl)Shlp073 N9rth;~ange.5 E~sl of the W1Jlamettt;'Meridlan, In KlDg County, WaSbwgtO\l/.i .. ' ,;" .. ::': .' '", . ..; Except the Jhe w'e~ 3D feet thereof conveyed 10 Klng C\lUntyfot·Amehe·Sche\¥c Road .. Extn by de"llrecorii.,;"d undirr Recording No 3261892','; '. . i .' .' \ ':, .. '·""1,. ,{The North"8D fet'ltoiihe S6Uth 160 feet of the West 330. feet of the North'half oEthe Soulheast 'Quarter'~fthe'NQrth~estQUlirter ofthe Northeast Quarter of Section 10., ToWnsinp 23 North. Range 5 Easi otthe.Willametle M~nman, In King County, Washington. Exceplt1lelheWesi 30ieetthc:rllof coriveyed to KlDg County for Amelie Schewe Road Extn by deed recorded imder . .R:~cor~4ig N'1.3261892. ',' .,,' \", .: .' . Parcel "D": "" ::'::':.",."t' The North half of the SoutJijJalf~fth~ SQ~th~t Q~arte; oIthe Northwest Quarter of the Northeast Quarter of Sectton lD"lo'-"nshlp 23 North. Range 5'~(lfthe Willamette Mendian. m KlDg County, Washmgton ;'.':. ..... ...:',.:' i' .. " ":, Except the the West 3D feet thereof conyeyed,to K1J1g Gount>;'for Anilil1eS<;hewe Road Extn. by deed recorded under Recordmg No 3261'892'./' .' "".,. SBL'Deed ofTrustl2068-10014 Page ~5 oUS ': . ~ :.' ' , ' i. : ii', J ,:. ,. I·:· .:l.;l:/ ',;\'1 ,'.'" ,'," "j ". ;L, '-'," .. '. ." \~ .. : '''' "}"':':w" !:.,:,),\",;. l:~ '.' ;.: \I. "; :: ::« ';].1 (\ILI.; '" ,', : ~\;'~, ,) '1' ~; \11Yi ';'J; ~ ~. ~> "t:: L ~ .. :" l '<F , l '" i. \ l ' ... ,. :. ~. i ,I () C :l i (( i. . ,; :,' " (I ~','. ' .. _.:::( I.; ::,;:cl i,t,.I. ,:;.i' ;')1:,:; 0." ~~'.(.; ':.-:l ': ...... _~, .". j~:": ··.:,-I,C~.::;: :',_ ,:,1 :(:: .')., :::~:. 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" ,) i" "1111' en!" i~',:(~ '...' of ':.' ;\.l~j ,l~, ~~ :--;\)'.], D 20-... (\ ,-;'1},:: ~'.~ o:~ .j: 1<.) 1 :;:"It,! :::J.'~ :::0.')5' i:,,~: ::,;;(10)0 :,:i~;n:t}, '~.1.ancc~t ;:;.rid ·:';:L2..~,i;'.::: Y :;l:\:':C(1 ~'. :1t.~r '~~.1~;1) o'.c t~'l::: c ,;::' ';::.L\~'~:·:)";oo·!: -,:. iJ '1') .:" :.-'. l' .~':~ i.:",: .\ ~]. Q!' ",,:',:,.,'" ,,;,~ .':':;!'. ~':::v!l l,;.;~!::~;: ·1,.:,.!·, o.!.· t::() c () j' .' '..l;:'·(n, ,;r:.-(!;", ;;.:., ::; ,)~. ';'ii~::: ,--.0\'== .. _.~ ... -_.:". C':. '.!<~ r .L.~~'_· .• "., '/ " :;G .L:.:::c: :!: "'," C <)': C)i'~ :;0 '; >,;~,-, ')'.'1:;,l lU'" 1:: :il{).i.':0 •... '.~ .... :-.... ,'.r: ,.;.: ."';'>l.' '.,) --.. _----_._---------- , "'f • r .'.& ," I" t',;, '; !;, 1:1 . 1::\ , ,; -, , SUBMITTAL REQUIREM~~"~'" FINAL PLAT City of Renton Development Services Division 1055 South Grady Way-Renton. WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE: To ensure the proposed land division is in accordance with City of Renton's adopted standards and consistent with the approved Preliminary Plat. In addition. final review is used to verify compliance with any required conditions. FREE CONSULTATION MEETING: Prior to submitting an application. the applicant should informally discuss the proposed development with the Development Services Division. The Development Services Division will provide assistance and detailed information on the City's requirements and standards. Applicants may also take this opportunity to request the waiver of the City's typical application submittal requirements which may not be applicable to the specific proposal. For further information on this meeting. see the instruction sheet entitled "Submittal Requirements: Pre-Application." APPLICATION SCREENING: Applicants are encouraged to bring in one copy of the application package for informal review by staff. prior to making the requested number of copies. colored drawings. or photo reductions. Please allow approximately 45 minutes for application screening. COMPLETE APPLICATION REQUIRED: In order to accept your application. each of the numbered items must be submitted at the same time. If you have received a prior written waiver of a submittal item(s) during a pre-application meeting. please provide the waiver form in lieu of any submittal item not provided. All plans and attachments must be folded to a size not exceeding 8% by 11 inches. APPLICATION TIMES: Applications should be submitted to Development Services staff at the 6th floor counter of Renton City Hall. 1055 South Grady Way. between 8:00 A.M. and 4:00 P.M. Monday through Friday. An appOintment to submit your application is not necessary. Due to the screening time required. applications delivered by messenger cannot be accepted. All Plans and Attachments must be folded to 8%" by 11" APPLICATION MATERIALS: Public Works Approval: Please provide confirmation required improvements have either been substantially installed or deferred. Title Report: Please provide 3 copies of a title report and 5 copies of any referenced recorded documents (i.e. easements. dedications. covenants) issued within the past 60 days documenting ownership and listing all encumbrances of the entire parcel where the project is being proposed. All easements referenced in the title report must be identified and dimensioned on the Site Plan. Q;\WEB\PW\DEVSERV\Fonns\Planning\finalptat.doc 11/05/03 ",\l(\ 4. ~ 5. ~ 6. ~ ~/ 7. 0 8. ~ ()11{ 10.~ 11.0 Land Use Permit Master Application Form: Please provide the original plus 5 copies of the COMPLETED City of Renton Development Services Division's Master Application form. Application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corporation. The legal description of the property must be attached to the application form. I Environmental Checklist: You may be requested to provide 5 copies of.an updated Environmental Checklist if more than two years has elapsed since the Preliminary Plat Approval. If a particular question on the checklist does not apply, fill in the space with "Not Applicable". I Confirmation of Compliance with all Conditions of Plat Approval: Please provide 5 copies of a statement detailing how ali conditions of plat approval have been ad&essed. Post Office Approval: Please provide confirmation the Post Office has approved your mailbox location(s). Contact Bill Sansaver of the Pos! Office at 425-255-6389 or 1~800-275-8777. !-Jed'7 Po VWI -&1F'{W "'--w r I I &nlC to I\;r\Itte . Legal Documents: Please provide 4 copies of any proposed restrictive covenants and draft Homeowners Association documents. Fees: The application must be accompanied by the required application fee (see Fee Schedule) and for most applications first class postage rate per mailing label. Please DO NOT provide metered postage or stamps. Land use fees are calculated by charging the' full amount for the most expensive land use permit needed and half-price for each additional land use permit. Please call (425) 430-7294 to verify the exact amount required. Checks should be made out to the City of Renton and can not be accepted for over the total fee amount. , I Neighborhood Detail Map: Please provide 5 copies of a map drawn at a' scale of 1" = 100' or 1" = 200' (or other scale approved by the Development Services Division) to be used to identify the site location on public notices and to review compatibility with surrounding land uses. The map shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, existing land uses, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of Renton (not King County) street names for all streets shown. . Overall Plat Plan: If the scale of the project requires multiple plan sheets, ,please enclose 5 caples of the entire plat plan on a single sheet. Plat Plan: Please provide 5 copies of a fully-dimensioned plan prepared by a State of Washington registered professional land surveyor in accordance with RCW 18.43.020, drawn at a scale of 1" = 40' on an 18" x 24" plan sheet (or other size or scale approved by the Development Services Division) and including the information required by:the City of Renton Subdivision Regulations: I • Name of the proposed plat and space for the future City file nu'mber • Names and addresses of the engineer, licensed land surveyor: and all property owners , • Legal description of the property to be subdivided • Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet • Vicinity map (a reduced version of the neighborhood detail map defined above) • Drawing of the subject property with all existing and proposed property lines dimensioned Q;\WEB\PW\OEVSERV\Forms\Planning\finalplat.doc 2 12. ~ 6fv\ ~V;3.D · . o Location of the subject site with respect to the nearest street intersections (including driveways and/or intersections opposite the subject property), alleys and other rights of way o Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations o Location and dimensions of all easements referenced in the plat certificate with the recording number and type of easement (e.g. access, sewer, etc.) indicated o Location, distances from existing and new lot lines, and dimensions of any existing. structures, existing on-site trees, existing or proposed fencing or retaining walls, free- standing signs, and easements o Location of existing conditions on or adjacent to the site which could hinder development A legend listing the following included on the first sheet of the Preliminary Plat Plan: : 0 Total area in acres of proposed plat· ------------- o Proposed number of lots o Zoning of the subject site o Proposed square footage.in_eaChJot_--1 ~\ o. square. footage of land in sensitive areas o Sguar.eJoptage of land in streets' , 0 Density proposed and density permitted b _code For commercial/industrial properties please also.include the following in the legend: o Total area of existing impervious surface o Total area of existing undevel~d area o Square footage (by floor and overall total) of each individual building and/or use o Building footprint area,/' o Percentage of 10t.c6vered by buildings and structures o Total area of p~ement (existing to remain and new) o Total ar~.6tIandscaPing o BuildjPg setbacks (required and proposed) between all structures and property lines o P<W<ing analysis per lot including the number of parking spaces required and provided Calculations: Please provide 3 copies of complete field calculations and computations noted for the plat and details (if any) of all distances, angles, and calculations together with information on the error of closure. The error of closure on any traverse shall not exceed l' in 10,000'. Monument Cards: When a monument(s) is installed as part of the project, please provide 2 copies of a form obtained from the City Technical Services Division and filled out by a surveyor providing information regarding a single monument, including the Section, Township and Range, method of location, type of mark found or set, maimer of re-establishment of the single monument (if applicable), description, and a drawing showing the location of a single monument and indicating a reference point to that monument. 14. rg/' Plan Reductions: Please provide one 8 V .. ' x 11" PMT reduction of all required full size plan .1".-'1 \ sheets but not limited to landscape plans, conceptual utility plans, site plan, neighborhood detail U'\ V\ map, topography map, tree cutting/land clearing plan, grading plan, and preliminary plat plan (or similar). These reductions are used to prepare public notice posters and to provide the public with information about the project. A PMT reduction is an original white/opaque (Not transparent) photographic reduction. Xerox reductions or plotted reductions cannot be accepted. Please ensure the reduced Neighborhood Detail Map is legible and will display enough cross streets to easily identify the project location when cropped to fit in a 4" by 6" public notice space. Once the PMT reductions have been made, please provide one 8 y," x 11" photocopy of each PMT sheet. Royal Reprographics (425)-251-8230 and Reprographics NW/Ford Graphics (206)-624- 2040, (425) 883-1110, (253) 383-6363 provide this service. Q:\WEB\PW\DEVSERv\Forms\Planning\finalplat.doc 3 ( All Plans and Attachments must be folded to aw' by 11" REVIEW PROCESS: Once the Final Plat application is submitted to the Development Services Division, the materials will be routed to those City departments having an interest in the application. Reviewers have approximately two weeks to return their comments to the Development Services Division. All comments and any requests for revisions will be sent to the applicant. Once all comments have been addressed, the applicant re-submits the revised plans and/or documents for review. The time frame for getting a lot line adjustment is largely dependent upon application completeness and prompt turnaround time for revisions. ' As part of the review process, the Development Services Division will ensure improvements have been installed and approved and that all conditions of the preliminary plat approval have been met. Once the applicant has demonstrated these items have been addressed through either a confirmation of improvement installation or letter of deferral, the City will schedule the Final Plat for review by the City Council. A City Council action to approve, modify, or reject the Final Plat shall be final and unless within 30 days from the date of Council action, the applicant obtains a Writ of Review from Superior Court to review the City Council action. I DEFERRED IMPROVEMENTS: The Final Plat may not be recorded until all improvements have been completed and approved by the Development Services Division or a letter of deferral has been obtained. The applicant may request a letter of deferral from the Board of Public Works and post security for any improvements that have not been completed. If a developer wishes to defer certain on-site improvements for more than 90: days after obtaining Final Plat approval, then written application shall be made to the Board of Public Works. Should the Board of Public Works so rule, then full and complete engineering drawings shall be submitted as a condition to the granting of any deferral. Upon approval by the Board ot, Public Works for such deferment, the applicant shall thereupon furnish security to the City in the amount equal to 150% of the estimated cost of the installation and required improvements. I Time Limits: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Board of Public Works, and if no time is so specified, then no later than one year. EXPIRATION OF FINAL PLAT: A final plat which has not been recorded within six months after approval by the City Council shall expire and be null and void. The plat may be resubmitted as a preliminary plat. Q:IWEBIPW\OEVSERVlFormslPlanninglfinalplal.doc 4 • 6-09-20L1. 10,26Af,1 FROH RENTON HIGHLANDS L1.25 2287150 ..JUI'. ':'.t:.tJl!.Jo4 C·';Ot-tl'j \....V"-e.' l.~'t 11'1\... NU.4~ ".4 MAILBOX REQUIREMENTS NOTIC~ FOR ALL NEW PLATS AN[) SHORT PLATS City of RllI1ton DaveJopmenl Servfcat: Division 1055 SOUIh.GrnclyWay-Renton, WA980S6 PhOflI!l: 425-43(1.7200 Fax: 425-430-7231 .. The Post Office wants to be InvolVed In helping you locala your mai~boxes before construction begins. PI_lake a copy of your plat map along with this form to \he CIty of Renton Pos1 OffICe, 314 Wrtliams Avenue South, for their sign-off. Plesse subm~; a signed copy of this form with your appilcaUon. Property Loc;alion;_---.:I-=O=-~_=_c..:..J _--!.h'..:...;:o;,:G.::::I;(.:Q· ~I A:..:.::.../"'1-=-_A~v~C=--L""::!;'-=C=--____ _ OWner's Name: 5 B I Oev€t.oPI/oJr:,.. Phone Number: -$53 -s"S ooSao Land Use AppIica!ion Number: '" ~A p D3-0e 3 WIfO'-f-O.!:>b Post Off"rce Approval: (\J l \hM ~,A&v--Date: .::::!f' r . '---~---------------~- Q:\WEBIPW\DEVSERV\Forms\PJanning\mailboX.doc P.1 U/lDlJI(~, j JUN. 3.2004 ~ /. .,;; .. -'-. , \ \ 1 I I I I I I L_ --, ~-- I I I I , '\ ;-'*\ I \ I I D \1/-+-_+_---'1---.I-l10 S2-(\)6i J I I \ C.\:' I I --- CORE DESIGN INC ---0 ...tl. l-r """f1iIi---~ ,1 <!~ N - .. . r CBU A ADDREEss 5100 NE 10TH PL 5101 NE 10TH PL 5106 NE 10TH PL 5107 NE 10TH PL 5112 NE 10TH PL 5113 NE 10TH PL 5118NE 10TH PL 5119 NE 10TH PL 5124 NE 10TH PL 5125NE 10TH PL 5130NE 10TH PL 5131' NE 10TH PL CBU B 5202 NE 10TH PL 5203 NE 10TH PL 5208,NE 10TH PL 5209 NE 10TH PL 5214 NE 10TH PL OR 1051 ILWACO PL NE 5215 NE 10TH PL 5221 NE 10TH PL 1020 ILWACO PL NE 1026 ILWACO PL NE 1050 ILWACO PL NE 1056 ILWACO PL NE 1063 ILWACO PL NE BROOKEFIELD I LOT 47 1 46 2 45 3 44 4 43 5 42 6 41 7 40 9 39 9 10 11 12 13 14 38 MAIL SLOT # 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 JUN - 8 200~ RECElVED CBUC ADDRESS LOT 1062 ILWACO PL NE 15 1068 ILWACO PL NE 16 1069 ILWACO PL NE 37 1074 ILWACO PL NE 17 1075 ILWACO PL NE 36 OR 5223 NE 11TH ST 1080 ILWACO PL NE 18 5217 NE 11TH ST 35 5212NE 11TH ST 19 5211 NE 11TH ST 34 5206NE 11TH ST 20 5205 NE 11TH ST 33 5200 NE 11TH ST 21 CBUD 5135 NE 11TH ST 32 5134 NE 11TH ST 22 5129 NE 11TH ST 31 5128 NE 11TH ST 23 5123 NE 11TH ST 30 5122 NE 11TH ST 24 5117 NE 11TH CT 29 5116 NE 11TH ST 25 5110 NE 11TH ST 26 5104 NE 11TH ST 27 1050 HOQUIAM AVE NE 28 BROOKEFIELD I SLOT # 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 ENT PLANNING DEV~if~~F RENTON jUN - 8 200'1 RECE\\IED Printed: 06-08-2004 Payment Made: , iCITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA04-058 06/08/2004 02:35 PM Receipt Number: R0403054 Total Payment: 1,000.00 Payee: S81 DEVELOPMENT LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #3576 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 o 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 604.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 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 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 • '.' -------------------------------- i SHEET :1. OF 4 BROO EFIELD LUA-O"-058-FP LND-l0-04-04- A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E .• W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEl. A: THE NORTH HALF Of THE SOUTHEAST QUARTER Of THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER Of SECTlON 10, TOWNSHIP 23 NORTH, RANGE 5 EAST Of THE WlLLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON. EXCEPT THE WEST :30 FEET THEREOf CONVEYED TO KING COUNTY FOR AMELIE SCHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER :3261892; AND EXCEPT THE SOUTH 160 FEET OF THE WEST 330 fEET. PARCEl. B: THE SOUTH 80 fEET OF THE WEST :330 FEET OF THE NORTH HALF Of THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTlON 10, TOWNSHIP 2:3 NORTH, RANGE 5 EAST Of THE WlLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST :30 FEET THEREOf CONVEYED TO KING COUNTY FOR AMELIE SHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER :3261892. PARCEl. c: THE NORTH 80 FEET OF THE SOUTH 160 FEET OF THE WEST .3.30 fEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAST Of THE WlLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST .30 FEET THEREOf CONVEYED TO KING COUNTY FOR AMELIE SHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER .3261892. PARCEl. 0: THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER Of THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WlLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR AMELIE SHEWE ROAD EXTlN. BY DEED RECORDED UNDER RECORDING NUMBER 3261692. ~EDICATION / CER'rIF1CATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLA TIED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN HEREON AND THE USE THEREOF FOR ALL PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SlOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC, ALL THE EASEMENTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO UTlLlTlES AND DRAINAGE. TRACT A IS HEREBY GRANTED AND CONVEYED TO THE BROOKEFIELD HOMEO'MIIERS ASSOCIATION (HOA) UPON RECOROING OF THIS PLAT FOR STORM DETENTION PURPOSES. OWNERSHIP AND MAINTENANCE (INCLUDING ALL PRIVATE STORM DRAIN AND DETENTlON FACILITIES) OF SAID TRACT SHALL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHER'MSE FAILS TO MEET ITS PROPERTY TAX OBLIGATlONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. AN ACCESS EASEMENT OVER TRACT A IS HEREBY DEDICATED TO THE CITY OF RENTON FOR THE PURPOSE OF OBSERVING AND INSPECTlNG THE PRIVATE DRAINAGE FACILITlES WITHIN SAID TRACT TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERA TlNG AND MAINTAINING SAID FACILITIES PURSUANT TO AN ENGINEERING PLAN APPROVED BY THE CITY OF ·RENTON FOR THE PROJECT OF BROOKEFIELD. THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID TRACT TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE: FACILITY IN THE EVENT THE OWlNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE Of THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWINER'S COST. LOT 15 SHALL BE RETAINED BY THE DEVELOPER FOR FUTURE CONVEYAi~CE TO THE OWNER JF THE ADJOIf\:ING PROPERTY TO THE EAST. ACCESS/ROADWAY FACILITIES MAY BE DEVELOPED WITHIN SAID LOT TO PROVIDE ACCESS TO SAID ADJOINING PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY OF RENTON. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED THE BROOKEFIELD HOMEOWNERS ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTlFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNERS ASSOCIATlON. SAID ASSOCIATlON IS SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTlONS FOR THE PLAT OF BROOKEFIELD, AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NO. ;)"Q 0 ~ ~ "" / Q D ..2..7 1 ~ . IN 'MTlNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. SBI DEVELOPING, L.LC. SEA TILE FINAt<.ICIAL GROUP, INC., A WASHINGTON LIMITED LIABILITY COMPANY A WASHING CORPORA TlON DECIARATION OF COVENANT THE OWNER OF THE LAND EMBRACED WITHIN THIS LONG PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANTS AND HEREBY CONVEYS THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR Of ANY SUBDIVISION THEREOF. THE COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT. ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF 71t!rc.e.. ) )SS ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ~~~:CFo{~~05~~~-= IS THE PERSON THAT APPEARED BEfORE ME, AND SAID PERSON ACKN THAT HE/SHE SIGNED INSTRUt.CENTi ON OATH S~\TED THAT~ElSHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWlEDGED IT AS m e'!!1~ ~ OF 581 DEVELOPING, LLC.. A WASHINGTON U LIABILITY C0t.4PANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURP()SE:Scio;p "" ... MENTIONED IN THE INSTRUMENT. 0:-21) DA TED: --,~~ ___ --... 2~. PRINTED NAM . NOTARY PUBLlC.30I-N ... A~N~D~fOR-=--TH--±:'E~-=---=--I'--- ~~~~N~f A~ASH~ .1' ... " « MY APPOINTt.AENT'E'XiRES r;-.t =zI4 STATE Of WASHINGTON ) k' )SS COUNTY OF ~r, ) @. I CERT1FY THAT I KNOW OR HAVE SA TlSF ACTORY EVIDENCE THAT ~ Ii jf'-U1.c 'f..4.--' IS THE PERSON THAT APPEARED BEFORE ME. AND SAlD PERSON ANOWliDGED THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STW THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWlEDGED IT AS ~ 4'''',:r:-Of SEATTLE fiNANCIAL GROUP, INC., A WASHINGTON CORPORATlON, TO BE THE fREE AND VOLUNTARY ACT Of SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSlRUMENT. ~< P. t ... ,tI' / DATED: lU"6"Q" If , 2~. PRINTED NAME: ;:rO~. SAH'b£R$ NOTARY PUBUC IN AND fOR THE STATE Of WASHIN2 ~~SI~~~~I~~ENf~PI~-I('''' ~"5 CITY or RENTON APPROVALS CITY Of RENTON PLANNING / BUILDING I PUBUC WORKS DEPARTMENT EXAMINED AND APPROVED THIS ~~AY Of A Cl6 U'S T 1l~~JII, ~ ~. ADMINISliFoR er1~ ~ CITY OF RENTON MAYOR EXAMIN~D AND APPROVED THIS ]fJt DAY Of ~ 1\~~-W~ MAYO;; 4..JIt'f K ~" (K ~r" W;.. ~c./4.Y , 2004. , 2004. CITY Of RENTON :if" EXAMINED AND APPROVED THIS .3/ DAY Of a lt;<c4,.1' . 2004. IfHGSftJr ~ '.J. ~ CITY CLERK -8~ ,,"fe. I. Wo..l+oA CITY OF RENTON FINANCE DIRECTOR'S Cl~RTlFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTlON ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL. ~ 2004. KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT 'TriERE ARE NO DELINQUENT SPECIAL' ASSESSMENTS CERTlflED TO THIS OFFICE FOR COLLECTION AND.TriAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OfFICE FOR COLLECTION ON ANY Of THE PROPERTY HEHEIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL .,.,-''''''''''''''_ THIS le+ t:e~~bev-""\\1,\:.1(' -'~':",,-_ DA Y Of __ _ , 2004. /. I . 'c... . .. I) ~~7~~ l-i:>'~Y\:, :~,\ 1J(U/\ G IA" ' ~I • ./ ~t 9:' r-'-" '_; ~ M,.l..NACE~, m<ANCE Di\1S1rN L DEPUTY (" ~ '-; \ """ ' \ ~ -.... _---- DEPT. OF ASSESSMENTS EXAMINED AND APPROVED THIS ~ DAY Of J~~ , 2004. Sot± Noble ~fRMt 1~~ KING COUNTY ASSESSOR DEPUTY ASSESSOR TAX ACCOUN T NOS. 1023059101, 1023059241, 1023059330 AND 1023059404 RECORDING CERtIFICATE dao ~;/£? 90/~o .:2.37'7 FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS !" J' tL-DA Y OF ~t ~&~~~S~#"-~~ __ -O 2004, AT 7(1 MINUTES PASl).·"" re.M. AND RECORDED IN VOLUME Ol,;z..30F PLATS, PAGES .::4.$ ~ ;L $' RECORDS OF KING COUNTY, WASHINGTON. . DIVISION Of RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS SURVEYOR'S CER'I'IFICATE I, STEPHEN J. SCHREI, HEREBY CERTIFY THAT THIS PLAT OF BR()QI(EFIELD. IS BASED ON AN ACTUAL SURVEY IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST. ¥t.M., KING COUNTY WASHINGTON; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON, TH~,T THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON THE GROUND; AND THAT I HAVE FULLY COMPLIED WITH THE PROVlSl S OF THE TTlNG REGULATIONS. STEPHEN J. SCHREI PROFESSIONAl LAND SURVEYOR LICENSE NO. .37555 STATE Of WASHINGTON DATE l • • 1471 1 N.f. 29th PI. Svit. 101 Be/levUfJ, Woshington 98007 425.885.7877 FoJC 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB NO. 02055A 5 BROO EFIELD SHEET 2 OF 4 LUA-04-058-FP LND-l0-0404 A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON BASIS OF BEARINGS NOO'02'42"E BETWEEN THE MONUMENTS FOUND AT THE EAST QUARTER AND THE NORTHEAST SECTION CORNER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST., W.M., PER REF. 1 SURVEYOR'S NOTES 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE THIRD REPORT ORDER NO. 4209-397156 DATED AUGUST 10, 2004. IN PREPARING THIS MAP, CORE DESIGN, INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN. INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY REFERENCED FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT. CORE DESIGN, INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE COMPANY REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFOR CORE DESIGN, INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. PROPERTY AREA = 312,016± SQUARE FEET (7.1629± ACRES). 3. ALL MONUMENTS SHOWN AS FOUND WERE FIELD VISITED IN JULY, 2001, UNLESS SHOWN OTHERWISE. 4. ALL DISTANCES ARE IN FEET. 5. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN COMPARED TO AN N.G.S. BASELINE WITHIN ONE YEAR OF THE DATE OF THIS SURVEY. 6. THE SECTION SUBDIVISION SHOWN HEREON IS BASED ON THAT RECORD OF SUr~VEY BY BUSH, ROED AND HITCHINGS, RECORDED UNDER RECORDING NO. 9805149004 (REF. NO.1). REFERENCES 1. RECORD OF SURVEY BY BUSH. ROED AND HITCHINGS, REC. NO. 9S05149004. RESTRICTIONS 1. THIS SITE IS SUBJECT TO THE TERMS AND PRO'vlSiONS OF AN EASEMENT TO SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY FOR A POLE LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 347794, BASED ON THE LOCATION OF THE EXISTING FACILITIES. THIS EASEMENT IS NOT LOCATED ON THIS SITE. 2. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT TO PUGET SOUND POWER AND LIGHT COMPANY FOR THE ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3120990, THE LEGAL DESCRIPTION CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE SITE. 3. THIS SITE IS SUBJECT TO THE RIGHTS OF KING COUNTY TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS AS GRANTED IN DEED RECORDED UNDER RECORDING NUMBER 3261892. 4 9 GREENWOOD CEMETERY 16 3 RENTON MAPLEWOOD GOLF COURSE 15 VICINITY MAP r = .JOOO'.t 2 1 1 14 0 1 W VJ FOUND 1/2" REBAR PENDING PLAT OF BROOKEFIELD II FOUND 1/2" REBAR -...., WITH RED PLASTIC CAP STAMPED "PLS 10019". 0.2'E. X 0.2'5. OF CORNER PENDING PLAT OF I BROOKEFIELD II I [ WITH RED PLASTIC CAP (UNREADABLE). o.n. X .::( 03'S. OF CORNER I N. LINE SE 1/4, NW 1/4, NE 1/4, SEC. 10-23-.5 ~ / ---N88'14'13"W 631.48 wI'" Z I ,_ ~-30.01 .f' " ~ I W VJ W Z ....J :i ........ • ~ « ILO Cl r'l Z ..;: ~LO 01 "<I- ~ or-01 .LO W<D • (f) ........ • W Z.w .'0 ~~ «P ° ::!:o «z => I 0 0 :::c // I 27 25 19 26 24 23 22 21 20 N,E. 11TH ST. 28 30 31 29 34 35 36 37 32 33 \ \ S. LINE N 1/2, S N88'15'41"W 631.69 1/2. SE 1/4, NW 1/4, NE 1/4, SEC. --\ tI) I r'l N I TRACT A I.&j :;;:= _J Q. o (.,> <l: 3: _J 10-23-:) ° ~ u W 0 VJ W ",' 1= " « 18 OJ ~ ....J " W 0.. Z OJ Z => Ul "<1-" <D " 17 ~ 3: 16 z W ill Z '--___0 ....J I ";:r--__ ~~ r-~---I 15 14 w -0 OJ w ..r 1= Ul « 0 ....J , 0.. 13 0 Z 0 => 12 z 11 -- -- L FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "GEO-DIMENSIONS UNPLATTED FOUND 1/2" REBAR WITH / o w 1= YELLOW PLASTIC CAP 01 1 STAMPED "GEO-DIMENSIONS ~ « ....J 0.. Z => 'S 1 "'CPS" ~; ~. . 0.1 'E. OF LS 15025" , CORNEr< OF CQRI~ER -661. 78 -- N8S·16'10"W -- \S. LINE NW 1/4, NE 1/4, SEC. 10-23-5 SCALE: 100' -- o 50 100 200 ~ CITY OF RENTON CONTROL POINT NO. 1845 FOUND 4" CONCRETE MONUMENT WITH 1/2" COPPER PIN OWN. 1.5 IN CASE "::"'-.. -.. -.. -~~~:!'?:.!Z:}II 2644.82 3 2 MONUMENT NOT 1 0 661.21 b 661.20 "'-"-"-'1322"4T-"-"10 11 SEARCHED FOR m ~ LD ~ ./ HELD LOCATION 12 g ~ f?l ,w /// PER REF. NO. 1 661.49 ~ to 661.49 to ~ / .. / N88'14'13"W ~ ,,/ w lC) CXJ (:y'-t:l m en SITE ::;; ~ Co fR to ..... 1.() P to l.D./ to o o z: ..( MONUMENT NOT 10 SEARCHED FOR ..... HELD LOCATION 15 PER REF. NO. 1 SUBDMSION DIAGRAM N. T.S. 0.1 'E. X D.2'N. -- __ ~/DESIGN ~I \ I J 4711 N.E. 29th PI. Suite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING, PLANNING· SURVEYING JOB INO. 02055A BROO EFIELD A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC, 10, TWP, 23 N" RGE, 5 E., W,M., CITY OF RENTON, KING COUNTY, WASHINGTON PENDING PLAT OF BROOKCFIELD /I r FOUND 1/2" REBAR WITH RED PLASTIC CAP NE 1/4, SEC. 10-23-5 SHEET 3 OF 4 LUA-04-058-FP LND-l0-0404 ( N. LINE SE 1/4, NW 1/4, 30.01 /--(UNREADABLE), 0.2'E. X 0.3'S. OF CORNER /~------/jr-~~~~~---r----50]2----~--~~~---,~--~~-L __ ,-__ ~~~~N~8~82·1~4:'1~3~"~W~ __ ~~ __ ~~~~~~~~~~ __ ~~ __ _ I 60.03 50.02 631 48 . \ I 50.02 50.02 ' -r 10' UTILITY 50.02 50.03 50.04 50.04 EASEMENT 25 24 I I • w > « o z N ...r • W • (f) '-...../ • W w Z 0 N • I' W!=> > 0 « ~ ~ « ::::> o o I J Ii-- '\ 30.01 I \ I \ 30.01 SCALE: I \ + o o co ...t I~ I I 1" --- SEE NOTE 1 23 22 I I ;: I AND 23 26 4502± SF 21 20 If) SHT. 4 w w 4502± SF 4502± SF 4503± SF w lD I 27 ~ 2; 4502± SF ~ + @) ~ + @D ~ '" Qill) ~ Cili.D b @SF w 4504± SF ~ 2;1 5277± SF g g ~ P g I 470.5 I g ~ I 471.0 I 8 0 , g I 471.0 I 8 ~ 1 471.5 1 ~ ~ ~ ~ @D Ig~ gl 19 \ ~ @QD ~ I 470.5 I ~ 10' PRIVATE 0 0 0 01 .. g g I 471.0 I :; g I 470.0 I ,0 1 1 DRAINAGE z z ~ 10' PRIVATIE 0 0 rv It] 471.0 EASEMENT SEE DRAINAGE Z Z +-, I-5' 1~~Cb"? _ r NOTE 9, SHT. 4 EASEMENT SEE 10' WATIER --1 I-If ;?----.f--[NOTE 8, SHT. 4 EASEMENT SEE .Ii' " i--' - --I---_ NOTE 21, SHT. 4 I L _ ~<'f;~~~35~.~73~-i~--~5~0~.0~2~ __ -J~~~~5~0~.0~2~r-_~~~ __ -f~-=-=~~~~~~~~~~1=~~~~~~~~~~~==~~r-~~~~~=-~~~~~~~~~~~~ ~ 0:00 _ ~ ~'-25.0 -'/!.. 50.02 I 50.02 50.03 50.04 50.04 I I v ~ ~ ~ 80 ~, 'f:!. . . .. '-" g _ N88'14'13"W 497.07 467.06 -- N.E. 11 TH ST. ----------'" I' ui e;,'§);;O: _\'0' PRIVATE DRAINAGE EASEMENT 1~~~~~::==-===-===~9~3~.5~9~==~==~=I~~~~~~==~==~r~====~~~====¥t---~~~--r-~¥~~~~);)~~SE~E~~~O:TE~'2~,~SH:T~.;4~ __ ~~ __ __ r. ~ 70.03 55.02 "';;0: II .p -j:r-~==:--::=:--===-T.+-=-±f----~::.' _~...::-----l 55.02 I I 55.02 \ 55.69 (~;~; --;;-PRIVAIC..J --20' P-RI-VATE-I --X ,--- - ''6> DRAINAGE < EASEMEN r SEE ACCESS 5' PRIVA TIE NOTE 10, ~iHT. 4 & UTILITY 10'1 1--11 DRAINAGE W EASEMENT SEE EASEMENT ;:: 30 ~ co NOTE 19, SHl 4 SEE NOTE ", o m ~ g 4955± SF g g 31 I =w I I SHT. 4 w 35 36 28 16581± SF cI050 N88'15'41"W 60.02 119.38 50.02 W tolD "'-lD • 00 , + 0-o Z 29 9810± SF @ID I 470,5 I N88'15'41''W 70.03 50.02 45 ;:t: ~ 0 4954± SF co 34 co w 1 471.0 1 z 0129) I ~ 001 8 II 4~F ~ ~ co .. 0 ~ 00'> 5011± SF @) I 470.0 I w lD !=>~-- o o Z ~ I 471.5 I I ~ § III 471.0 I ~ °zoi----~55~.~02~~4r~~~5;5~.0~2~-~'~/4~11-hdr5p5~.0~2~--~k~~~5~5~.6~9~----l N88'15'41"W \ 1 / I 110.04 ,,\ 11---"5.0 110.71 37 N o o t.:;- 50.02 32 N29·34'07"W-.I ~ I) ~ N30'34'33"E 20.21 ~ 8 19.71 33 00 5536± SF 5502± SF 0130 I 471.0 I N88'15'41"W OlD ~ 0200 [471.0 I 110.04 50.02 50.02 N88'15' 41 "w 50.02 110.71 50.02 N o o L(] W .~~--- L(] !=> o o Z 38 r 10' UTILITY EASEMENT n ~EN~ 42 I' I lAND 23 w 46 w 4502± SF 4502± SF + o o 01 ;g SHT. 4 co co @IV}Ll 44 W 43 W 4 7 ~ (!; 4502± SF + + ~ + co co ~ w 41 W 40 I 0 0 ~ If1 0 1 471.5 1 lo 0 4502± SF ~ (!; 4502± SF + + ~ '" co 5271± SF 0 m ~ g ~. . g §( <@ g g @) :g ~ 1 472.0 I :g ~ 4502± SF ~ ~ 4502± SF w \ ~ ~ ~ 1 472.0 1 ~ 10' PRIVATE ~ 0 g 01, 0 m @) b g t5zCi8' !Xl ,C) DRAINAGE 1.~1 Z liZ 10 PRIVATE 0 0 ~ "" ~ IlL: .0 471.5 DRAINAGE Z liz If) 10' PRIVATE .'V(f 472.5 EASEMENT SEE . . 472.5 14725 1 0 $>"" EASEMENT SEE . ·"0 DRAINAGE 39 -V 'V __ f-NO_TE 16, SHT. 4 ___ . . (f ;';5--- - _ __ COTE 15, SHl 4 ~ EASEMENT SEE .Ii' '-I 35.76 _.---I-- -r NOTE 14, SHl 4 ~<Sf(~--~~~-;----~5~0~.0~2~ __ -r ____ ~50~.£Ol2 ____ ~ ____ ~5~O~.0~2~ __ -f'=-=-=-=~~~~~-=-=-=~~~~~~~~=t~~~~~~'=~~~~~~~t-~~~~~~l.==~~~ 10 ·00 t.. 'f:!. t.. 50.02 50.02 50.02 50.02 l[) .. :t! ~ ..q. r-J-O ~ ~ N M t.. _ N88'15'41"W 494.01 -_ -464.00 -- N.E. 10TH PL ------------------------lD 1~:~~~~G:G==~~!I==;;O:t=~~~§:~~~~;=~~~~=i¥~---5C~,---~~t===~~~==-1~ ____ ~~~---t----~nR----.+----'~~----+-----" 34.31 50.02 .,. ;;0: ~ I": ~ 50.02 50.02 'fo >;! II .p -_ 50.05 50.05 50.06 ';'9/. \ ----t"-::==~=--==i=t=-l--=~==~L 50.06 ( '.p'G. '--10' PRIVATE I -- -_ Ijl 0' DRAINAGE 10' PRIVATE <9< EASEMENT SEE DRAINAGE I-10' UTlLlTY W w NOTE 2, SHT. 4}Ll w EASEMENT SEE I EASEMENT ~ (!; 2 ~ + 3 ~ -q. 0 W NOTIE 3, SHT. 4.w I SEE NOTE 1 I' I' 0 I' 0 4 N + 5 ~ + 6 0 N AND 23 1 g g 4502± SF g g 4502± SF 0 0 4502± SF 8' ~ 4504± SF I' 0 ~ ~ ~ SHT. 4 ~ ~ 0 ~ 8 01 ~ 8 01 g g 4504± SF b g lDl 5259±SF ~z ~z ~z ~~ @}Do @) 1472.5 I 1472,0 I I 471.5 I I 471.0 I I 471.5 I I 472,0 I Z DATUM 7 4505± SF C@) 1472.5 I w o N+ 1'0 00 Cf rn o Z ---- NAVD 88 PER CITY OF RENTON LEGEND BENCHMARK W \.. 10' PRIVA TIE DRAINAGE EASEMENT SEE NOTE 4. SHT. 4 o N'" 1'0 00 001 o Z 9 SET STANDARD CITY OF RENTON CONCRETE MONUMENT IN CASE AS CITY OF RENTON POINT NO. 1907, CHISELED SQUARE IN S.E. CORNER CONCRETE MAILBOX BASE, W. SIDE 142ND AVE. 40' • SHOWN. SET 1/2" X 24" REBAR W/YELLOW PLASTIC CAP STAMPED "CORE 37555" o FOUND CORNER MONUMENT AS NOTED. S,E., OPPOSITE HOUSE NO. 12014 EL. 472.66 FEET OR (144,69 METERS.) CITY OF RENTON POINT NO, 2119. BRASS SURFACE DISK AT THE INTERSECTION OF S,E. 128TH ST. AND 142ND AVE. S.E. EL. 426.42 FEET OR (129.974 METERS) z o ~ ~ Z ~ ~ Z o u ~ o ~ ~ E-! ~ ~ U'1 ~ ~ U'1 ~O )( SET TACK IN LEAD W/SHINER "37555" ON PROPERTY LINE EXTENDED 4.75 FEET IN LIEU OF FRONT LOT CORNERS UNLESS NOTED OTHERWISE. @QI) CITY OF RENTON STREET ADDRESS 7477 7 N.E. 29th PI, Suite 101 Bellevue, Washington 98007 425.885,7877 Fax 425,885.7963 1471.01 MINIMUM FINISHED FLOOR ELEA TloN REQUIRED BY APPROVED ENGINEEr~ING PLANS ~/DES/GN ENGINEERING· PLANNING· SURVEYING JOB NO. 02055A BROG EFIELD SHEET 4 OF 4 LUA-04-058-FP LND-l0-0404 A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON EASEMENT NOTES THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSED LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVA nONS LISTED BELOW. THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. 1. AN EASEMENT IS HEREBY RESERVED, GRANnED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT NO. 90 AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING EXISTING OR PROPOSED PUBLIC RIGHT-OF-WAY IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY, WITH UTILITY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENnER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN TOGETHER STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. OR FOR TELEPHONE USE. CABLE TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES. SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. PENDING PLAT OF BROOKEFIELD II N. LINE SE 1/4, NW 1/4, NE 1/4, SEC. 10-23-5 PENDING PLAT OF BROOKEFIELD II 2. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 2 AND 3 IS TO THE BENEFIT OF LOTS 1 AND 2. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 3. THE 10 FOOT PRIVAnE DRAINAGE EASEMENT SHOWN ON LOTS 5 AND 6 IS TO THE BENEFIT OF LOTS 4 AND 5. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 4. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 8. 9 AND 10 IS TO THE BENEFIT OF LOTS 7. 8 AND 9. THE OWNERS OF SAID BENEFlnED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 5. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 13 AND 14 IS TO THE BENEFIT OF LOTS II, 12 AND 13. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 5. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 16, 17 AND 18 IS TO THE BENEFIT OF LOTS 15, 15, AND 17. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 7. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 19 AND TRACT A IS TO THE BENEFIT OF LOTS 19 AND 20. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 8. THE 10 FOOT I'RIVATE DRAINAGE EASEMENT SHOWN ON LOTS 21. 22 AND 23 IS TO THE BENEFIT OF LOTS 22, 23 AND 24. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILrrIES WITHIN SAID EASEMENT. 9. THE 10 FOOT PRIVAnE DRAINAGE EASEMENT SHOWN ON LOTS 25 AND 26 IS TO THE BENEFIT OF LOTS 25 AND 27. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 10. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 29 AND 30 IS TO THE BENEFIT OF LOTS 28. 30 AND 31. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 11. THE 5 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 33 AND 34 IS TO THE BENEFIT OF LOTS 32 AND 33. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR nHE MAINTENANCE OF THE PRIVAnE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 12. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 34 IS TO THE BENEFIT OF LOT 35. nHE OWNERS OF SAID BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 13. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 35 AND 37 IS TO THE BENEFIT OF LOTS 37, AND 38. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 14. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 39 AND 40 IS TO THE BENEFIT OF LOTS 40 AND 41. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 15. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 42 AND 43 IS TO THE BENEFIT OF LOTS 43 AND 44. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINnENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 16. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 45 AND 46 IS TO THE BENEFIT OF LOTS 46 AND 47. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINnENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 17. THE PUBLIC DRAINAGE EASEMENT SHOWN ON LOT 39 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR STORM DRAINAGE FACILITIES, THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PUBLIC DRAINAGE FACILITIES WITHIN SAID EASEMENT. 18. THE 20 FOOT PRIVATE ACCESS AND UTILITY EASEMENT SHOWN ON LOTS 12 AND 13 IS TO THE BENEFIT OF LOTS 11 AND 12. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE ACCESS AND UTILITY FACILITIES WITHIN SAID EASEMENT. 19. THE PRIVATE ACCESS AND UTILITY EASEMENT SHOWN ON LOTS 31, 32, 33 AND 34 IS TO THE BENEFIT OF LOTS 32 AND 33. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVAnE ACCESS AND UTILITY FACILITIES WITHIN SAID EASEMENT. N88'14'13"W 50.05 631.48 20 I I t~<tl 19 I~ gl 4505± SF z <§21V 10' SANITARY SEWER EASEMENT SEE NOTE 20, SHT. 4 f--5' 10' WATER ----1 f--r-I ----.1 EASEMEN I SEE 469.0 10' PRIVATE DRAINAGE EASEMENT SEE NOTE 7, SHT. 4 NOT: 2~SHl~ L ~~~5~O~.0~5~~~r- - -N8S'14'13"W 497.07 N.E. 11TH ST. 35 LO W to ~ <JJ to .... 'in P o o z -~ N 55.35 36 5543± SF Q§) I 459.5 I " --"',C)" ~ C) bo-.']; ~' 'b'b //'0 ",v 10' PRIVATE DRAINAGE EASEMENT SEE NOTE 13, SHT. 4 NB8'14'S7"W t-----~~8~9~.3~7~~--~~~ co -----.1'0 o LO w ro 37 4501± SF c@V I 470.0 I to 1'0 o lfl <t N88'14'57"W ~ ~---"':"':":::~8';;9;'::".3~7i-2~--I..L-/.··" o ~ 38 10' UTILITY-I OJ 4501 ± SF EASEMENT ______ .1'0 SEE NOTE 1 OJ 5;s ~ AND 23 I ~ I 471.0 I SHT. 4 LO N88'14'57"W I w t------:..:..:::.::~89~.~37~~---.JL.j..;::( 40 21' :2 I 'lO~ , 39 N46'25'42"E ~, 2 M.22 01 21' 10' PRIVATE - DRAINAGE EASEMENT SEE NOTE 14, SHI. 4 b 5510± SFpUBlIC _----.,. N ~ ~ @D DRAINAGE 3.58 r.L..f-.-:;' ~ ;t 1 1 EASEMENT <1", 472.0 SEE NOTE 17, ..97 <> SHT. 4 <~ 0" oS.,. u'",_. 'J ----~~==~-=~_-==-_~~/~ 0' 54.38 -~ N N88'IS'41"W ----'-~ 494.01" N.E. 10TH PL )D );! , 'if. -------t---~~~--~~----~-01 50.07 'in 0/ 3.03 !"l c:i -- w -If) LO :t 11 "..J n -MJ o to 0 01 c:i If) LO o N 171.21 FOUND 1/2" REBAR WITH RED / PLASTIC CAP STAMPED "PLS 1 0019", 0.2'E. X 0.2'S. OF CORNER TRACT A 01 o ~ SEE DEDICATION , SHY. 1 01 21' 16510± SF 10' UTILITY EASEMENT SEE NOTE 1 AND 23 SHT. 4 N88'14'13"W 10' PRIVATE DRAINAGE EASEMENT SEE NOTE 6, SHT. 4 17 o o o LO 4517± SF 0 o C@D 1470.5 I o LO ~r-tr ____ ~N~8~8;'~14~'~13~"~W ______ ~ ~)0.04 16 4500± SF IS' SANITARY ~ 0 o • c-.i W lO Z o o c:i lfl SEWER EASEMENT ~ ~ m Ln ~~~. NtE 20, I 470.0 I 5;s ~ ~ -t w -1 ~ co 0.... ~Bffi3'W-- 90.04 -------. W <t : -w P 0 8 () z ~ II ---15-OJ Z 4500± SF -:t <t-o L{) ........ LO o SEE DEDICATION, SHT. 1 8 ~ -I I=! 21' ~ I @g) . ~ 8 ~~ I 470.5 I z ~ S ~t-~ ___ ~N~8~8:~'14~'~'3~"~W _____ ~ 90.04 14 4513± SF @) o o o U) \ [:,=13'48'46" [ 471 0 1 Ln '2 0 L=18.32 . ~ U ~ 1t-t------~N~8~8·~14~'~13~"~W~r_---~./ /+--/ _ _ 92.24 10' PRIVATE 13 Tl DRAINAGE ' I EASEMENT SEE 5260± SF I 8 0 NOTE 5, SHT. 4 @) lfl I 471.0 I I N88'14'13"W 121.26 o w 1= <t:. ..J 0... Z ~ ..J' () .W W(/) !--20' PRIVATE I ACCESS & UTILITY 12 5061± SF <1026) --j 1'--10' WATER I 25 EASEMENT SEE I EASEMENT SEE NOTE 18, o NOTE 22, SHT. 4 20. nHE SANITARY SEWER EASEMENTS SHOWN ON LOT 19 AND TRACT A AND LOT 15 AND 15 ARE HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR SANITARY SEWER FACILITIES, THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINnENANCE OF SAID PUBLIC SANITARY SEWER FACILITIES WITHIN SAID EASEMENTS. o N<t -0 " . 00 la' PRIVATE DRAINAGE EASEMENT SEE NOTE 4, SHT. 4 }Ll o w SHT. 4 ~f70.0 I ILO 21. THE 10 FOOT WATER EASEMENT SHOWN ON LOT 19 AND 20 IS HEREBY RESERVED FOR AND GRAN nED TO KING COUNTY WATER DISTRICT NO. 90 FOR WAnER FACILITIES, SAID DISTRICT IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF SAID PUBLIC WATER FACILITIES WITHIN SAID EASEMENTS. 22. THE 10 FOOT WATER EASEMENT SHOWN ON LOTS 11, 12, 13 AND 14 IS HEREBY RESERVED FOR AND GRANnED TO KING COUNTY WAnER DISTRICT NO. 90 FOR WATER FACILITIES, SAID DISTRICT IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF SAID PUBLIC WATER FACILITIES WITHIN SAID EASEMENTS. 23. A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, QWEST, 8 b01 o Z 9 4505± SF @]) 1 472.0 I 50,07 COM CAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES. THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS AND 5.00 FEET PARALLEL WITH ADJOINING ALLEYWAYS AND PRIVATE DRIVES. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS FOR VAULTS, PEDESTALS AND RELATED FACILITIES ("VAULT EASEMENTS") ADJACENT N88"15'41"W TO THE 5-FOOT WIDE UTILITY EASEMENT RESERVED IN THE PRECEDING SENTENCE AS FOLLOWS; THE VAULT EASEMENT MAY OCCUpy UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXnENDING 5 FEET FROM EACH END OF THE AS-BUILT VAULT(S). THE NUMBER AND LOCATION OF VAULT EASEMENTS WILL BE "AS INSTALLED" DURING THE UTILITY'S INITIAL INSTALLATION OF FACILITIES. THE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL. LAY, CONSTRUCT, RENEW. OPERAnE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES. WIRES, VAULTS AND PEDESTALS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSED HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN nHE EASEMENTS WlnHOUT PERMISSION FROM EASEMENT OWNERS. DATUM NAVD 88 PER CITY OF RENTON BENCHMARK CITY OF RENTON POINT NO. 1907, CHISELED SQUARE IN S.E. CORNER CONCRETE MAILBOX BASE, W. SIDE 142ND AVE. S.E .• OPPOSITE HOUSE NO. 12014 EL. 472.66 FEET OR (144.69 METERS.) CITY OF RENTON POINT NO. 2119, BRASS SURFACE DISK AT THE INTERSECTION OF S.E. 128TH ST. AND 142ND AVE. S.E. EL. 425.42 FEET OR (129.974 METERS) LEGEND SET STANDARD CITY OF RENTON CONCRETE MONUMENT IN CASE AS SHOWN. • SET 1/2" X 24" REBAR W/YELLOW PLAsnc CAP STAMPED "CORE 37555" o )( C@Q) I 472.0 I FOUND CORNER MONUMENT AS NOTED. SET TACK IN LEAD W/SHINER "37555" ON PROPERTY LINE EXTENDED 4.75 FEET IN LIEU OF FRONT LOT CORNERS UNLESS NOTED OTHERWISE. CITY OF RENTON STREET ADDRESS MINIMUM FINISHED FLOOR ELEATION REQUIRED BY APPROVED ENGINEERING PLANS N<t -0 " . 00 001 o Z 10 ~r-_~ _____ ~N~88~'~'4~'1~3~",~W ________ -4 __ ~ I' 121.28 4741± SF g 11 . @) ~2 o I 471.5 I LO 6065± SF <@Q) I 469.5 ] 50,02 121.30 631.69 S. LINE N 1/2, S 1/2, SE 1/4, NW 1/4, NE 1/4, SEC. 10-23-5 o o o If) o w 1= UNPLATTED FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "GEO-DIMENSIONS LS 15025", <t:. ..J 0... Z ~ 0.1 'E, X 0.2'N. OF CORNER SCALE: 1" --40' ~O ..,.~/ DESIGN 7471 7 N.E. 29th PI. Suite 101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB r'-lo. 02055A BROO EFIELD SHEET OF 4 LUA-XX-XXX-FP LND-XX-XXXX A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE NORTH HALF Of' THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH. RANGE 5 EAST OF THE 'MLLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR AMEUE SCHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER 3261892; AND EXCEPT THE SOUTH 160 FEET OF THE WEST 330 FEET. PARCEL S: THE SOUTH 80 FEET OF THE WEST 330 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR AMEUE SHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER 3261892. PARCEL C: THE NORTH 80 FEET OF THE SOUTH 160 FEET OF THE WEST 330 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH. RANGE 5 EAST OF THE WlLLAMETTE MERIDIAN. IN KING COUNTY. WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR AMEUE SHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER 3261892. PARCEL D: THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR AMEUE SHEWE ROAD EXTN. BY DEED RECORDED UNDER RECORDING NUMBER 3261892. DEDICATION / CBRTIlilCATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN HEREON AND THE USE THEREOF FOR ALL PUBUC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. AND FURTHER DEDICATE TO THE USE OF THE PUBLIC, ALL THE EASEMENTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO UTlUTlES AND DRAINAGE. TRACT A IS HEREBY GRANTED AND CONVEYED TO THE BROOKEFIELD HOMEOWNERS ASSOCIATION (HOA) UPON RECORDING OF THIS PLAT FOR STORM DETENTION PURPOSES. OWNERSHIP AND MAINTENANCE (INCLUDING ALL PRIVATE STORM DRAIN AND DETENTION FACIUTlES) OF SAID TRACT SHALL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHER'MSE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBIUTIES. LOT 15 SHALL BE RETAINED BY THE DEVELOPER FOR FUTURE CONVEYANCE TO THE OWNER OF THE ADJOINING PROPERTY TO THE EAST. A(;CESS/ROADWA Y F ACiiJTlES NiX( 8E DEVELOPED \'ilnllN SAID LOT TO PROVlD'~ ACCESS ------ TO SAID ADJOINING PROPERTY. SUBJECT TO THE APPROVAL OF THE CITY OF RENTON. KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED THE BROOKEFIELD HOMEOWNERS ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNERS ASSOCIATION. SAID ASSOCIATION IS SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF BROOKEFIELD, AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NO. IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. SBI DEVELOPING, L.L.C. A WASHINGTON WAITED L1ABIUTY COMPANY BY: ITS; DECLARATION OF COVENANT SEAffiE FINANCIAL GROUP, INC., A WASHINGTON CORPORATION BY: ITS: THE OWNER OF THE LAND EMBRACED 'MTHIN THIS LONG PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANTS AND HEREBY CONVEYS THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS. OR OF ANY SUBDIVISION THEREOF. THE COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT. ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF ___ _ ) )SS ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ____ _ IS THE PERSON THAT APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS OF SBI DEVELOPING, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED: ______ , 2004. PRINTED NAME: _________ _ NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON RESIDING AT __ MY APPOINTMENT EXPI:~R~ES::--'------ STATE OF WASHINGTON ) )SS COUNTY OF _____ ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ___ _ IS THE PERSON THAT APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMENT; ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT; AND ACKNOWLEDGED IT AS OF SEATTLE FINANCIAL GROUP, INC., A WASHINGTON CORPORATION. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED: ______ , 2004. PRINTED NAME: NOTARY PUBUC·-:I~N-A77N:::D:-=:FO::-:R=-=TH-:::E~---- STATE OF WASHINGTON RESIDING AT MY APPOINTM:::EN~T~EX:-:::P:-:-:IR::-:E:-::'S------- __ '1:: __ CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING I PUBUC WORKS DEPARTMENT EXAMINED AND APPROVED THIS _ DAY OF _______ -t, 2004. ADMINISTRATOR CITY OF RENTON MAYOR EXAMINED AND APPROVED THIS __ DAY OF _______ . __ , 2004. MAYOR CITY OF RENTON EXAMINED AND APPROVED THIS __ DAY OF _______ ._~. 2004. CITY CLERK CITY OF RENTON FINANCE DIRECTOR'S CERTD'ICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL. THIS DAY OF _____________ ~ 2004. FINANCE DIRECTOR KING COUNTY FINANCE DMSION CERru'lCATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND, TrlAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBUC USE ARE PAID IN FULL. TrllS ____ DAY OF ______________ ~. 2004. MANAGER, FINANCE DIVISION DEPUTY DEPT. OF ASSESSYENTS EXAMINED AND APPROVED THIS _ DAY OF -----____ -0, 2004. KING COUNTY ASSESSOR DEPUTY ASSESSOR TAX ACCOUNT NOS. 1023059101, 1023059241, 1023059330 AND 1023059404 RECORDING CER1'lF1CATE FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS _ DAY OF ~".,.....~= __ -o 2004, AT MINUTES PAST .M. AND RECORDED IN VOLUME OF PLATS. PAGES _____ RECORDS OF KING COUNTY, WASHINGTON. DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS SURVEYOR'S CERTIFiCATE I, STEPHEN J. SCHREI, HEREBY CERTIFY THAT THIS PLAT OF BROOKEFIELD. IS BASED ON AN ACTUAL SURVEY IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY WASHINGTON; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON, THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON THE GROUND; AND THAT I HAVE FULLY COMPUED 'MTH THE PROVISIO S OF THE BATTING REGULATIONS. STEPHEN J. SCHREI PROFESSIONAL LAND SURVEYOR LICENSE NO. 37555 STATE OF WASHINGTON DATE ~~/DESffGN 1471 7 N.E. 29th PI. Suite 701 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING JOB 1'10. 02055A • 5 BROO EFIELD SHEET 2 OF 4 LUA-XX-XXXFP LND-l0-0377 A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON BASIS OF BEARINGS NOO"02'42"E BETWEEN THE MONUMENTS FOUND AT THE EAST QUARTER AND THE NORTHEAST SECTION CORNER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST., W.M., PER REF. 1 SURVEYOR'S NOTES 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE ORDER NO. 4209-397156 DATED MAY 21, 2004. IN PREPARING THIS MAP, CORE DESIGN, INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY REFERENCED FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT. CORE DESI GN, INC. HAS REUED WHOLLY ON FIRST AMERICAN TlTLIE COMPANY REPRESENTATIONS OF THE TIllE'S CONDITION TO PREPARE THIS SURVEY AND THEREFOR CORE DESIGN, INC, QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. PROPERTY AREA = 312,016± SQUARE FEET (7.1629± ACRES). 3. ALL MONUMENTS SHOWN AS FOUND WERE FIELD VISITED IN JULY, 2001, UNLESS SHOWN OTHERWISE. 4. ALL DISTANCES ARE IN FEET. 5. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA FIVE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLUNG MONUMENTA TION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN COMPARED TO AN N.G.S. BASELINE WITHIN ONE YEAR OF THE DATE OF THIS SURVEY. 6. THE SECTION SUBDIVISION SHOWN HEREON IS BASED ON THAT RECORD OF SURVEY BY BUSH, ROED AND HITCHINGS, RECORDED UNDER RECORDING NO. 9805149004 (REF. NO.1). REFERENCES 1. RECORD OF SURVEY BY BUSH, ROED AND HITCHINGS, REC. NO. 9805149004. P..ESTPJ:CTlONS 1. THIS SITE IS SUBJECT TO FACILITY CHARGES, IF ANY, INCLUDING, BUT NOT LIMITED TO, HOOK-UP OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER fACILITIES OF THE CITY OF RENTON AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8612031455. 2. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT TO SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY FOR A POLE LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 347794, BASED ON THE LOCATION OF THE EXISTING FACILITIES. THIS EASEMENT IS NOT LOCATED ON THIS SITE. 3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT TO PUGET SOUND POWER AND LIGHT COMPANY FOR THE ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 3120990, THE LEGAL DESCRIPTION CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE SITE, 4. THIS SITE IS SUBJECT TO THE RIGHTS OF KING COUNTY TO MAKE NECESSARY SlOPES FOR CUTS OR RLILS AS GRANTED IN DEED RECORDED UNDER RECORDING NUMBER 3261892. ~ 3 2 9 11 GREENWOOD CEMElERY 16 R E N TON MAPLEWOOD GOLF COURSE 15 VICINITY MAP !" = 3000'1: 14 l[] I ~ FOUND 1/2" REBAR ---. I I WITH RED PLASTIC S CAP STAMPED "PLS () I FOUND 1/2" REBAR 10019", 0.2'E. X 0.2'S. ~ [WITH RED PLASTIC CAP OF CORNER ~. (UNREADABLE), 0.2'E. X IN. LINE SE 1/4 NW 1/4 NE 1/4 SEC. 10-23-5 ~ 0.3'5. OF CORNER '" ;1 --w ';--_ ' -N88°14'13"W 631.48 Z I ,_ ~-30.0j 27 26 25 24 23 22 N.E. 1111-1 PLACE 30 31 28 29 32 21 20 34 35 33 19 36 37 TRACT A ~ o o - \ to I t') N I 0 ~ t5 w (fJ . ..,- " 18 CO ~ ;-.. w . z CO L{) ..... <0 " 17 ~ ~ 16 Z W Cl Z 0 :J .,f * w / ~ -15 38 47 46 45 w , Zw , .0 ~~ <9 ° ::Eo <z a l o :I: 44 43 42 41 40 • 39 z 14 I-----I~ ~ " L{) NoE. 1011-1 PLACE 13 V~~r---~---r--~---'----r---.---~--~---~--------~g o z 12 'j 2 3 4 5 6 7 8 9 10 I/' e-.,.-30,01 11 \ N88'15' 41 "w 631.69 _ 10 ~ S. LINE N 1/2, S 1/2, SE 1/4, NW 1/4, NE 1/4, SEC. 10-23-5 ? !l) FOUND 1/2" REBAR WITH FOUND 1/2" REBAR WITH J ;t YELLOW PLASTIC CAP YELLOW PLASTIC CAP ~ I ~ STAMPED "GEO-DIMENSIONS STAMPED "GEO-DIMENSIONS ..;: LS 15025", O.rE. OF LS 15025", O.1'E. X O.2'N. ;: I CORNER OF CQRNER 661.78 \ N8S'16'10"W---- - S, LINE NW 1/4, NE 1/4, SEC. 10-23-5 SCALE: 1" 100' -- 3 N88'12'17"W .. II I - MONUMENT NOT SEARCHED FOR HELD LOCATION PER REF. NO. 1 10 661.21 }U 661.20 ?;J w 1.., LO ro p g z ,.,,~~ c,:v' '\ ~"><!J «;.'0' ~'O'\ ~'O ./ ,'S ~'O,\~. /./ .. 2.~p c /' - .~.) "'v -'" ~\'O'" 2..,<)'0 ./' ~ ~IoiJ .// ~<:, ;' /' 9 tr01.r_··N.8.§.:?O'02"W _ ~ LO LO co en r-. ~ r-. LO p 0> co to co tn Ln 0 <0 to 661.49 z 661.49 N88'14'13' W ~ Ln <Xl en ~SffE/~ C'l en CD <0 /'" <0 661.78./661.78 N88'16'10"W-- /.// r-./ r<') [() co r..: C'l ~ ~ ,..., r<') ~ ~ i-,. __ 1.3~4, ?O_. W CITY OF RENTON CONTROL POINT NO. 1845 FOUND 4" CONCRETE MONUMENT WITH 1/2" COPPER PIN OWN. 1.5 IN CASE 264482 . 1322.41 '" ~ ./ In ",/ 0/ CY ~ N88'16'10' -'----_._.-w 1323.55 ,!.Li ~ tn P 0 0 z 1324.70 --- w ~ N P ::: 0 <.0 0 ~ z ,..., ~ A' 2611.40 CITY OF RENTON CONTRO:" POINT NO. 1848 MONUMEN r NOT SEARCHED FOR HELD LOCA nON PER REi='. NO. 1 N88'20'02"W--' ---10 11 METER NUMENT w = f<') .:n <XJ p o o z ~ ~ CD Lei ,..., CD '" .. MONUMENT NOT 10 SEARCHED FOR ......... HELD LOCATiON 15 PER REF. NO. 1 FOUND 2" DIA CONCRETE MO W/TACK OWN. 1.6 IN CASE SUBD MSION DIAGRAM N. T.S. - - JUN -8 2004 RECEIVEr; ~- \ } 74711 N.E. 29th PI. Suite 701 Bel/evue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING .JOB NO. 02055A -------------- B EFIELD A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY. WASHINGTON ( N. LINE SE 1/4. NW 1/4. NE 1/4, SEC. 10-23-5 N88"14'13"W r FOUND 1/2" REBAR WITH RED PLASTIC CAP SHEET 3 OF 4 LUA-XX-XXX-FP LND-XX-XXXX 50.02 30.01 ;;._ (UNREADABLE). 0.2'E. X 0.3'5. OF CORNER t\~----7 I 60.03 50.02 50.02 50.02 50.03 631.48 50.04 50.04 I r • (/) "'--" ... o • w Z= a N .r-. W 9 > 0 « ~ ~ « -=> o o :c 25 24 23 22 -r 10' UTILITY EASEMENT SEE NOTE 1 ~ \ AND 23 4502± SF .0 SHT. 4 w ~ w 4502± SF 4502± SF 4503± SF <0 27 ~.... 4502± SF ~.... ~ ~ ... @> ~.... ~ b ~ I 5277± SF 8 '3 ~ I'-0 I 470.5 I r-. 0 I'-0 <'l ... ~ 26 w o 0> b g. . b g I 471.0 I 0 0 I 471.0 I 8 ~ \ 471.5 1 w "0 "I .... 21 20 \ I w r.~ ~ I'-\~1 19 4504± SF @) I 471.0 I 4504± SF <@.V I 470.0 I w b <'l .... ~ • @B) ~ I 470.5 \ 0 10' PRIVATE 0 g (}l 0 (}l ,;g-Z DRAINAGE Z Z ~ 10' PRIVATE .c" /!J I 471.0 1 EASEMENT SEE DRAINAGE ---II-f-5' l~iO co. r NOTE 9. SHT. 4 EASEMENT SEE 1 D' WATER f-.// ?__ __ _ _ _ -' _ _ _ r NOTE 8, SHT. 4 EASEMENT SEE ~ .--_ _ _ _ NOTE 21, SHl 4 I L- I'-~ 00 oen o Z }..O 00 bcr> o Z ~~<S~o~ __ ~3:5~.7~3 __ lr __ ~5~0~.0~2~ __ -t~5.0~L25£0.~0~2-i~ ___ ~~ ____ ~~~~~~~~~t-~~~~~~~~~~~~~~~~~~--~~~~~==_~-[r,-===~~-=~'Lll==-~-r<'l .00 50.02 50.02 50 03 ~ ';-'f.!. '/1,' 25.0 -'/1, 'f.!. 'f.!.' 50.04 50.04 L I ~I -I< 8.0 -,. ,,, _ ):( tt N.E. 11TH PLACE _ N88'14'13"',V 497.07 -- 467.06 ---1"_ .... r; ("\ \10' PRIVATE DRAINAGE EASEMENT <0 ~a~~::~~~~~~~~~~~~~~~~==~~==~::l=::::]2~====:!----~5.Qr--r~r-~~~~~~~~~::~----~-----'<I"<i< 9 'r.J' .. ¥ l;( SEE NOTE 12. SHT. 4 q 93.59 70.03 l;( ¥ .,., ~\ ts>-_ _ _ 55.02 55.02 T T 55.02 \ 55.03 'i- ('i?;~~ 10' PRIVATE) --20' PRIVATlE-.11 -~ '0 --r---- v', DRAINAGE ACCESS --1 l-5' PRIVATE EASEMENT SEE & UTILITY 1 0'1 ~ \ \ DRAINAGE NOTE 10, SH r. 4 ,lJ..I EASEMENT SEE EASEMENT o en ::: 30 ~ 00 NOTE 19. SHT. 4 SEE NOTE 11. ~ g 4955± SF g g 31 I w II SHT. 4 w w • 35 4951± SF w = ro .... 36 28 16581± SF (059) 00<0 <r~ L() • 0 0 ° '"' o~ 29 9810± SF ~ @) ~ 4954± SF I Oro \ 34 ~ .... G12V c":; q \ 4953± SF 1rl 0 }'-' I 471.0 I b g @D) g g ~ I 471.5 I \ ~ ~ \ \ I 471.0 \ ~ C@J) I 470.0 I Ll1 9 .... --o o Z o @l) Z I 470.5 I gzi ____ ~55~.~02~~~~~~5;5~.0~2~-~I~/~i'fI1'si525~.0~2~~-l----~~~ __ ~ N8801S'41"W \ TTl 55.03 110.04 ~\ 11'---'5.0 N88'15'41"W 110.0S <'l o 37 - N o 3 9 N29'34'07"W~ ~ )'--'130. "4'3-'''1=' ,..., 20.21 ~ ('oJ ,. -~ -33 5502± SF 1rl 0 19.71 00 5502± SF o L{) ($135) \ 471.0 I g Ll1 Z (5200 [£71.0 I N8S'15'41 "w 59.36 r 10' UTILITY EASEMENT r<'l SEE NOTE 119.38 50.02 N88'15' 41 "w 70.03 50.02 50.02 N88'1S' 41 "w 110.04 N88°15'41"W SO.02 50.02 50.02 42 ~ I lAND 23 w 46 w W 4502± SF to SHT. 4 ~ .... "co 45 44 w 43 W W 47 1rl 0 4502± SF ....... ~ .... ~ .... ~ ~ 0130) "co 41 }'-' 110.05 50.02 40 . o .0 w • ooe---... !CJ 9 o a Z .... o ci 01 38 39 \ L() 0 4502± SF Ul 0 .f502± SF 1rl 0 4502± SF ~ ~ .... .... ro ... 5218± SF g g (51'06) g g <@) b g @IV g g 2 ~ \472.0 I ~ ~ 4502± SF ;;:; 0 4502± SF }l.l :-. ~1O§) ~ ~ 0 0 <@) go>o en @:>Pg ~ ro \ ,0 1472•0 I I 471 5 I Z \471.0 I Z I I Z 10' PRIVATE 0 g ~.:t '") I I .' . 471.5 DRAINAGE Z I I Z L() 10' PRIVATlE lY.Jf 472.5 . . 47205 I I 0 <§i '0' EASEMENT SEE . . 472.5 0 DRAINAGE .(} ?__ _ _ _ ___ _ r NOTE 15, SHT. 4 ~ EASEMENT SEE -?~<.~o;+ __ ~3~5~'0~9~~ __ ~5~0~.0~2~ __ ~ ____ ~50~'£02~-__ ~-± ____ 2£~-~-__ ---1-~==~TI~:=---==~~:===~~~~-±~~~~~~~--=l~~~~Jg~~~JL~~~NO~TlE~14,~t4 1;; $00 'f.!. tt )!:( 50.02 50.02 50.02 50.02 1----~50.::.=0=-2===tI:::.=--= I Ul _ 'f.!. * I .... ::::-; '"' ;!( ~ Ii--'.. -__ -=-N..:..:.:.E=.:._1 OT_H P_LA_(_~E __ _ I ",r_\ --=-30=-. -=-01--l-~, I \ ",- __ N8S'15'41"W 494.01 - - 464.00 - ----- - \ I I'-N ill I~:h~~~a~n~=-~~==¥t=~~~~~~¥;;~~~;;;=~¥~--~~~--~l;(t:==~~~==:!----~~----1r--~~1r\--~F-.--~~~--~-----p_ 34.31 50.02 l;( ¥ l;( (, ~ _ _4"-==-==-==T-i=-=S::0::.O:;:2==-:l 50.02 50.05 50 ¥ "& .05 50.00 (~/o -\ -+-~ -----1~1 50.06 '&~' Ll0' PRIVATE --------r----------- cP U' DRAINAGE 10' PRIVATE -~O~RIVATlE DRAINAGE &. EASEMENT SEE DRAINAGE l-10' UTILITY ~ W NOTE 2, SHT. 4!-U w EASEMENT SEE I EASEMENT N .... 2 ~ ... "0 b W NOTE 3, SHT. 4,lJ..1 SEE NOTE 1 r-. 0 1--0 3 <'l .... 4 N .... 5 0 - <'l \ AND 23 1 9 0 g 4502± SF 0 0 4502± SF '8 ~ 4502± SF }.. 0 ~ ;; 6 ~ 2; r<'l 0 (}l 0 (J) 0 0 4504± SF 0 0 4504± SF I'- .,.: SHT. 4 ~ @QD0 ~ 0 ~5119 8 0> 0 (}l b g <0 \ 5259± SF Z ~ Z ~ Z @i§) 0 @:> 0 c§.@) I 472.5 I I 472.0 I I 471.5 I ! 471.0 I I 471.5 I Z \ 472.0 I Z 7 4505± SF @) \ 472.5 I W = o N .... -0 I'-00 oen o Z 8 4505± SF @V I 472.5 I w = o N .... 1'-0 00 • en o o Z EASEMENT SEE NOTE 4, SHT. 4 9 \'J.;-__ 3..9:..o.!_~ 60.02 50.02 \ ~ FOUND 1/2" REBAR WITH 50.02 50.02 50.05 \: S. LINE N 1/2, S 1/2, SE 1/4, NW 1/4, NE 1/4, SEC. 10-23-5 50.05 N88"15'41"W 50.06 631069 50.06 o 00 .,.: I~ YELLOW PLASTIC CAP STAMPED "GEO-DIMENSIONS LS 15025", O.l'E. OF CORNER LEGEND DATUM NA YO 88 PER CITY OF RENTON BENCHMARK CITY OF RENTON POINT NO. 1907, CHISELED SQUARE IN S.E. CORNER CONCRETE MAILBOX BASE, W. SIDE 142ND AVE. S.E., OPPOSITE HOUSE NO. 12014 EL 472.66 FEET OR z o I-! ~ ~ o C,) ~ o ~ ~ E-! ~ ~ Cf.i ~ Cf.i I I SET STANDARD CITY OF RENTON CONCRETE MONUMENT IN CASE AS SHOWNo (144.69 METERS.) DE 'VELOPfi; . CITY OF RENTON POINT NO. 2119, BRASS SURFACE DISK AT crrYdff~~PLANN/N ' o SET 1/2-X 24" REBAR W/YELLOW PLASTIC CAP STAMPED "CORE 37555" THE INTERSECTION OF S.E. 128TH ST. AND 142ND AVE. S.E. ,-NrON (, EL 426.42 FEET OR (129.974 METERS) JUN -8 200~ FiE'CEIVED 1" --SCALE: 40' FOUND CORNER MONUMENT AS NOTED. SET TACK IN LEAD W/SHINER "37555" ON PROPERTY LINE EXTENDED 4.75 FEET IN LIEU OF FRONT LOT CORNERS UNLESS NOTED OTHERWISE. 74711 N.E. 29th PI. Suite 101 Bel/eVlJe, Washington 98007 425.885.7877 Fax 425.885.7963 ~ CITY OF RENTON STREET ADDRESS \471.01 MINIMUM FINISHED FLOOR ELEATION REQUIRED BY APPROVED ENGINEERING PLANS 1ft E 4prj' it'1f' t we :¥§ 3J'@ri"re@ ?~E fP- ENGINEERING' PLANNING· SURVEYING 02055A SHEET 4 OF 4 BROG EFIELD LUA-XX-XXX-FP LND-XX-XXXX A PORTION OF THE NW 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 F., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON EASEMENT NOTES SEE SHEET 4 FOR CONTINUATION TI-lE EASEMENTS DEPICTED OM TI-lE MAP SHEETS OF TnlS FINAL PLAT ARE FOR TI-lE LIMITED PURPOSED LISTED BELOW AND ARE HEREBY CONVEYED FOLLOWING TI-lE RECORDING OF TI-lIS FINAL PLAT AS SPECIFIED ACCORDING TO TI-lE RESERVAllONS LISTED BELOW. 1. AN EASEMENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO TI-lE CITY OF RENTON, KING COUNTY WATER DISTRICT NO. 90 AND TI-lEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON TI-lE EXTERIOR 10 FEET OF ALL LOST AND TRACTS, PARALLEL WlTI-l AND ADJOINING EXISTING OR PROPOSED PUBLIC RIGHT-OF-WAY 1M WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS WlTI-l NECESSARY FACILITIES, SIDEWALKS AND OTI-lER EQUIPMENT FOR TI-lE PURPOSE OF SERVING THIS SUBDIVISION AMD OTI-lER PROPERTY, WITH UTILITY SERVICES AND SIDEWALKS, TOGETI-lER WITH TI-lE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR TI-lE PURPOSES HEREIN TOGETHER STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACES UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 2 AND 3 IS TO THE BENEFIT OF LOTS 1 AND 2. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 3. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 5 AND 6 IS TO TI-lE BENEFIT OF LOTS 4 AND 5. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 4. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 8, 9 AND 10 IS TO THE BENEFIT OF LOTS 7, 8 AND 9. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 5. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 13 AND 14 IS TO TI-lE BENEFIT OF LOTS 11, 12 AND 13. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. S. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 16, 17 AND 18 IS TO TI-lE BENEFIT OF LOTS 15, 16, AND 17. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF TI-lE PRIVATE DRAINAGE FACILITIES WlTI-lIN SAID EASEMENT. 7. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 19 AND TRACT A IS TO THE BENEFIT OF LOTS 19 AND 20. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WlTI-lIN SAID EASEMENT. 8. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 21, 22 AND 23 IS TO THE BENEFIT OF LOTS 22, 23 AND 24. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITiES WITHIN SAID EASEMENT. 9. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 25 AND 26 IS TO TI-lE BENEFIT OF LOTS 26 AND27. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. 10. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 29 AND 30 IS TO THE BENEFIT OF LOTS 28, 30 AND 31. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF THE PRIVATE DRAINAGE FACILIllES WlTI-lIN SAID EASEMENT. 11. TI-lE 5 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 33 AND 34 IS TO THE BENEFIT OF LOTS 32 AND 33. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF THE PRIVATE DRAINAGE FACILIllES WlTI-lIN SAID EASEMENT. 12. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 34 IS TO TI-lE BENEFIT OF LOT 35. THE OWNERS OF SAID BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WlTI-lIN SAID EASEMENT. 13. TI-lE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 36 AND 37 IS TO TI-lE BENEFIT OF LOTS 37, AND 38. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILIllES WITHIN SAID EASEMENT. 14. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 39 AND 40 IS TO THE BENEFIT OF LOTS 40 AND 41. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE DRAINAGE FACILIllES WlTI-lIN SAID EASEMENT. 15. TI-lE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 42 AND 43 IS TO THE BENEFIT OF LOTS 43 AND 44. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF THE PRIVATE DRAINAGE FACILIllES WlTI-lIN SAID EASEMENT. 16. TI-lE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 45 AND 46 IS TO THE BENEFIT OF LOTS 46 AND 47. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILl11ES WITHIN SAID EASEMENT. 17. THE PUBLIC DRAINAGE EASEMENT SHOWN ON LOT 39 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR STORM DRAINAGE FACILITIES, TI-lE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PUBLIC DRAINAGE FACILITIES WITHIN SAID EASEMENT. 18. TI-lE 20 FOOT PRIVATE ACCESS AND UllLlTY EASEMENT SHOWN ON LOTS 12 AND 13 IS TO THE BENEFIT OF LOTS 11 AND 12. THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE ACCESS AND UTILITY FACILITIES WlTI-lIN SAID EASEMENT. 19. TI-lE PRIVATE ACCESS AND UllLlTY EASEMENT SHOWN ON LOTS 31, 32, 33 AND 34 IS TO THE BENEFIT OF LOTS 32 AND 33. TI-lE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TI-lE MAINTENANCE OF TI-lE PRIVATE ACCESS AND UTILITY FACILIllES WlTI-lIN SAID EASEMENT. 20 N88"14'13"W 50.05 I I t~ 'i-\ 19 I~ gl 4505± SF z ~21D N, LINE SE 1/4, NW 1/4, NE 1/4. SEC. 10-23-5 631.48 10' SANITARY SE'M:R EASEMENT SEE NOTE 20. SHT. 4 171.21 FOUND 1/2" REBAR WITH RED / PLASTIC CAP STAMPED "PLS 10019", 0.2·E. X 0.2'S. OF CORNER TRACT A r-5' 10' WATER --I r-,r---" EASEMENT SEE 469.0 la' PRIVATE DRAINAGE EASEMENT SEE NOTE 7, SHT. 4 SEE DEDICA 110N , SHT. 1 16674± SF NO': 21, SHT. ~ L ------~~~~=-~~~S~0~,~0~5~~~~t~~= __ 10' UTILITY EASEMENT ---SEE NOTE 1 AND 23 J!! -;'( 7.39 .- C'ol --N8S'14'13"W 497.07 SHT. 4 NS814'13"W "~ "'-"--':":":~if-~--4 '" 'Oa\'S 71.21 ~\'O'\ '00, 18 \~ t.\. ----J~ss ---....::: '°0 N.E. 11TH PLACE ~ 4742± SF c@g) o o z 0 35 1-1 ~ Z 1-1 Eo-! Z 0 u ~ 0 ~ !1""J--on 00 E-t I:JQ r;.l t:r:l Cf.l ~ ~ Cf.l 40 c:i to (~~ 0')7 ~ I 469.5 I C'l .~ Ol iJ). 5.00 NSS'14'13"W 57.01 • ~ o w • m ro (0 'i- to 9 o o z '" 0 0 lO W ex) 36 5619± SF cfill) ! 469.5 I --..., \)"-~f).. .rf> :\,-. '0<0 #Y) .,fv 10' PRIVATE DRAINAGE EASEMENT SEE NOTE 13, SHT. 4 N88"14'S7"w 90.04 37 4502± SF @9) I 470.0 I '" o c:i If) 'i- L0 P 0 N88'14'57"W t-------~~9~O;.O~4~~---+~~ 38 10' UTiLITY-, 4502± SF EASEMENT SEE NOTE 1 '" ~ AND 23 I ~ I 471.0 I SHT. 4 If) 0 z '" 0 0 lO N88'14'S7"W w ,.....----..:.:.::::.~9~O.~O~4~---L-4~ ~ 39 N46'25'42"E f5 5585± SF 54.22 o '" ~ PUBLIC ~. t-ir----~~:~~------~ <?>< lI=lS'08'19" 92.68 L=20.0S 17 la' PRIVATE 4517± SF is DRAINAGE <I07V . 21 ' 21' EASEMENT SEE NOTE 6, SHT. 4 I 470.5 I o If) 21' ~r-tr ____ ~N~8~8'~14~'~13~"~W ______ ~ 90.04 1t5 16 « is 4500± SF ",-1 g ~ ;j a. ~ 0 1 470•0 I w <..> n--j_",+-_,_ NS8'14'13"W ~ ~ 90.04 ~ .-J 15 o 4500± SF ~ SEE DEDICATION • SHT. 1 c@D I 470.5 I N88'14'13"W 90.04 14 0 0 0 If) 0 0 0 If) o o 4513± SF 0 ll) (J) 0 .q: (]) ..q. W ~ -CD ..q. -l!".l 0 • 0 0 Z 10' PRIVATE _ ~ 0 ~ DRAINAGE DRAINAGE )2 '472 0 ,EASEMENT <1~ EASEMENT SEE L. __ • ....J. SEE NOTE 17,( ?V'; 3,58 'k--"'f.';/ @) r- lI=13'48'46" r I . b I \ L=18.32 _ 471.0 . ID ~ ~ ~ 4.;9 -NEI"14'T3"W~ U '/ NOTE 14, SHT. 4-SHT. 4 "\5: 0',)-==~~~~~=-==~~/~~~&~~ 55.05 ~. 0/1+--1 --9;2.24 It ."~ la' PRIVATE 13 n -.J .d".":l;-DRAINAGE I I .$? ~ EASEMENT SEE 5260± SF I o~ 1/ 1/ \j y NOTE 5. SHT. 4 (1050) ~:fi.' ~r/ \~ I 471.0 I I ll) ~?> NSS'14'13"W ~ ..- C'l - -N88'lS'41"W 494.01 -.;:..;-----..~e!---- N.E. 10TH PLACE ~ -" C'>I 'If 121.26 12 .0> [00/ 1"')' o 0 50.07 3.03 . 'i" , W z .£ ,to ~ I 3:~ z I w O z~ --..I' e,) .W W(I) 20. THE 10 FOOT SANITARY SEWER EASEMENT SHOWN ON LOT 19 AND TRACT A IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR SANITARY SEWER FACILIllES, THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE AFTER PUBLIC SANITARY SEWER FACILITIES WITHIN SAID EASEMENTS. -- la' PRIVATE DRAINAGE EASEMENT SEE NOTE 4, SHT. 4 .P-' -tOtO 'i-II f......l 0 <0 0 1--20' PRIVATE I ACCESS & 6061± SF QD2V --J 1--10' WATER I g EASEMENT SEE 21. TI-lE 10 FOOT WATER EASEMENT SHOWN ON LOT 19 AND 20 IS HEREBY RESERVED FOR AND GRANTED TO KING COUNTY WATER DISTRICT NO. 90 FOR WATER FACILIllES, SAID DISTRICT IS HEREBY RESPONSIBLE FOR TI-lE MAINTENANCE AFTER PUBLIC WATER FACILIllES WlTI-lIN SAID EASEMENTS. 22. THE 10 FOOT SANITARY SEWER EASEMENT SHOWN ON LOTS 11, 12, 13 AND 14 IS HEREBY RESERVED FOR AND GRANTED TO KING COUNTY WATER DISTRICT NO. 90 FOR WATER FACILIllES, SAID DISTRICT IS HEREBY RESPONSIBLE FOR THE MAINTENANCE AFTER PUBLIC WATER FACILIllES WITHIN SAID EASEMENTS. 23. A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, QWEST, 8 W ~'i- o 0 r-.. . 00 om o z 9 4506± SF @i0 I 472.0 I SO.07 COM CAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES, TI-lE EXTERIOR 10 FEET PARALLEL WITH AND ADJO!NING THE STREET FRONTAGE OF ALL LOTS AND TRACTS AND 5.00 FEET PARALLEL WlTI-l ADJOINING ALLEYWAYS AND PRIVATE DRIVES. FURTI-lER EASEMENTS ARE RESERVED OVER PRIVATE LANDS FOR VAULTS, PEDESTALS AND RELATED FACILIllES ("VAULT EASEMENTS") ADJACENT TO THE 5-FOOT WIDE UTILITY EASEMENT RESERVED IN TI-lE PRECEDING SENTENCE AS FOLLOWS: TI-lE VAULT N88·15'41"W EASEMENT MAY OCCUPY UP TO AN ADD11l0NAL 5 FEET IN WlDTI-l (FOR A TOTAL WlDTH OF 10 FEET) WITH TI-lE LENGTI-l OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF TI-lE AS-BUILT VAULT(S). THE NUMBER AND LOCAllON OF VAULT EASEMENTS WILL BE "AS INSTALLED" DURING TI-lE UTILITY'S IN11lAL INSTALLATION OF FACILITIES. TI-lE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESTALS WlTI-l NECESSARY FACILIllES AND OTHER EQUIPMENT FOR TI-lE PURPOSE OF SERVING TI-lIS SUBDIVISION AND OTI-lER PROPERTY WITH ELECTRIC, TELEPHONE, GAS, TELECOMMUNICATIONS, DATA TRANSMISSION, STREET LIGHTS AND UllLlTY SERVICE TOGETI-lER WI TI-l TI-lE RIGHT TO ENTER UPON TI-lE LOTS AND TRACTS AT ALL 11MES FOR TI-lE PURPOSED HEREIN STATED. TI-lESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO TI-lEIR ORIGINAL COND11l0N. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN TI-lE EASEMENTS WlTI-lOUT PERMISSION FROM EASEMENT OWNERS. DATUM NAVD 88 PER CITY OF RENTON BENCHMARK CITY OF RENTON POINT NO. 1907, CHISELED SQUARE IN S.E. CORNER CONCRETE MAILBOX BASE, W. SIDE 142ND AVE. S.E., OPPOSITE HOUSE NO. 12014 EL. 472.66 FEET OR (144.69 METERS.) CITY OF RENTON POINT NO. 2119, BRASS SURFACE DISK AT THE INTERSECTION OF S.E. 128TH ST. AND 142ND AVE. S.E. EL 426.42 FEET OR (129.974 METERS) LEGEND SET STANDARD CITY OF RENTON CONCRETE MONUMENT IN CASE AS SHOWN. SET 1/2" X 24" REBAR W/YELLOW PLASTIC CAP STAMPED "CORE 37555" o FOUND CORNER MONUMENT AS NOTED. )( SET TACK IN LEAD W/SHINER 837555" ON PROPERTY LINE EXTENDED 4,. 75 FEET IN LIEU OF FRONT LOT CORNERS UNLESS NOTED OTI-lERWISE. <:lQ@ CITY OF RENTON STREET ADDRESS I I MINIMUM FINISHED FLOOR ELEA TlON 472.0 REQUIRED BY APPROVED ENGINEERING PLANS o <'-I'i" o 0 r-.. . 00 OOl o z 0> I"') . ~ lO 0 ~ W : 10 0 '" r--. 4741± SF 0 • 0 <§22D 0 Z I 471.5 I 50.02 631.69 0 to to 0 c:i to UTILITY I EASEMENT SEE NOTE 18, SHT. 4 870•0 I N88'14'13"W 121.28 11 6065± SF <@§) I 469.5 I 121.30 S. LINE N 1/2, S 1/2, SE 1 /4. NW 1/4, NE 1/4, SEC. 10-23-5 FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "GEO-DIMENSIONS LS 15025", O.1'E. X 0.2'N. OF CORNER SCALE: 1" -- o NOTE 22, SHT. 4 ItO o o o tD 40' 82004 RECI;I'Vpr~ . 14711 N.E. 29th PI. SUIte lOl<' Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING· PLANNING· SURVEYING .JOB "-"0. 02055A