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OOlObe, 24, 2005
CONSENT AGENDA
Counell Meeting Minutes of
Octoher 17, 2005
AppeaL Honey Brooke West,
Haynes, PP-05-055
Vacation: Rosario Ave SE,
Jacques, V AC-05-004
Annexation: Hudson,
107th Ave SE,SE 166thSt
Budget: 2006, Annual City of
Renton
CAG: 05-073, 2005 Street
Overlay, Western Asphalt
CAG: 05-033, Hoquiam 1'1 NE
& SR·900 Storm Sy,tem,
Young LLfe Construction
Utility: Water Line
Replacement Reimhursement,
NE 20th St, Cam West
Development 1
t..,\.lt\ -t)I .. H\.\;
Renton City CouncLi Minutes Pag.368
• City of Renton Police and Fire Departments will participate in a Safety Fair
at Sam's Club on October 29th. During the Safety Fair, Sam's Club will
award a $1,125 Safe Neighborhood donation to both the Renton Police
Department and the Renton Fire Department. The funds will be used for at-
risk youth activities and supplies, domestic violence prevention, the "Care
Bare" program, and toward the purchase of smoke detectors for seniors and
low-income homeowners.
• The City of Renton urges people to check their smoke detectors monthly
and to make sure the batteries are changed whenever there is a time change_
Clocks will be turned back one hour on Saturday, October 29th.
[(~'111" On the consent agenda are adopted by one motion which follows the
listing.
Approval of Council meeting minutes of October 17, 2005. Council concur.
City Clerk submitted an appeal of the Heanng Examiner's decision regardmg
the Honey Brooke West Preliminary Plat (PP-05-055); appeal filed by Kay
Hayne" 551 Elma PI. NE, Renton, 98059, on 1013/2005, accompanied hy
required fee. Refer 10 Planning and Development Committee.
City Clerk submitted a petition for street vacation for portion ufKo:;ario Ave.
SE; petitioner James Jacque., 1216 N. 3Rth St_, Renton, 98056 (V AC05-004).
Refer to PlanninglBuildingfPublic Works Admmistralor; set public hearing on
1112112005. (See page 370 for resolution.)
Economic Development, Neighborhoods and Strategic Planning Department
submitted 10% Notice of Intent to annex petition for the proposed Hudson
Annexation and recommended a public meeting be set on 1111412005 to
consider the petition; 13.69 acre, genemlly bounded by 107th A,'e. SE, Illth
Ave. SE, SE 166th St_. and SE 169th SI. Council concur.
Financo and Information Service, Department recommended a public hearing
he .,et on 1111412005 to consider the City of Renton 2006 Rc\'cnue Sources and
Preliminary Budget, and J public hearing he set on 1112812005 to co"-'ider the
2006 Budget_ Refer to Committee of the Whole; set public hearings.
Transportation Systems DiVision snhmitted CAG·05-073, 2005 Street Overlay;
and requestcd approval of the project, authorization for final pay estimate in the
"mOum or$16~,903.49, commencement of60-day lien period, and release of
retained amount 0[$8,942.29 to Western Asphalt, Inc., contractor, ifall
required releases al'e obtained. Council concur.
Utility Systems DivlSion submitted CAG-05-033, IloqUlam Pl. NE & SR·900
Storm System; and requested apprO\'al of the project, authorization for final pay
estimate in the amount of $380.80, commencement of 60-day lien period, and
release of retained "mount of $1, I 73.11 to Young Life Construction, conllactor,
'f all reqUired releases are obtained. Council concur.
Utility Systems DiviSIOn recommended approval of the CJmWe,t Development,
Inc request for reimbursement in the amount of $34,619 .25 for costs associated
with the replacement of the water line in NE 20th SI. Council concur.
MOVED BY BRIERE. SECONDED BY NELSON, COUNCIL APPROVE
THE CONSENT AGEl\'DA AS PRESENTED. CAIUUED.
OF RENTON COUNCIL AGENDI,. LL
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Submitting Da[a: PlanningfRuildingiI'ublic Works For Agenda of:
Dep®ivfBoard .. Utility Systems Division/Water Utility Ocl\,ber 24. 2005
Staff Contact. " .. Abdoul Gafom (ext. 7210) Agenda Status
Consent. .... ........ X
Subject: Public Hearing ..
Rcimburscm~nt 10 Developer of H~ritage Glen Pia! for Correspondence ..
Replacement ofWatcr Linc in NE 20th Street Ordinance .. ..........
Resolution ... " ......
Old Business .. ...
Exhibits: New Business .......
Issue Paper Study Sessions .....
Request Letter from Developer Infonnation .... .".
Recommended Action: Approvals:
Council Concur Legal Dept ........
Finance Dept .... X
Other .. . ..... "
Fiscal Impact: N/A
Expenditure Required $34,619.25 T ransferl Amendment
Amount Budgeted $35,000.00 Revenue Generated
Tutal Project Budget $35,000.00 City Share Total Projeet $34,619.25
Acct# 421.00500 018.5960.0034.65.55100 &
55170
SUMMARY OF ACTION:
Cam West Developmenllne., the developer of Heritage Glen Plat, is requesting a reimbursement
from the City in the amount of $34,619.25, for additional costs associated with the replacement of a
water line in NE 20'" Street. The City requested that the developer replace a 525-fool section of
water line in NE 20th Str~et, instead ofinstaUing a less expensive interior water main to serve the plat.
City code allows for reimbursement when the City requests a water line route that is more expensive
than the minimum required 10 serve the subdivision.
The Water Utility has budgeted sufficient funds in the 2005 Capital Improvements Program budget
(account no.'s 421 ,00500.018.5960.0034.65.055 100 and 421.00500.018.
5960.0034.65.055170) to pay for Ihis work.
STAFF RECOMMENDATION:
Approve reimbursement, in the amount of$34,619.25, 10 Cam West Development Inc., for costs
associated with the replacement of the water line in NE 20th Street.
DATE:
PLANNINGIBUILDINGI
PUBLIC WORKS DEPARTMENT
MEMORANDUM
Oclober 14,2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: J~O:> Kathy Keolker-Wh~~ Mayor
FROM: f;t Gregg ZimmernllllVJ.fCifuillistrator
STAFF CONTACT: Abdoul Gafonr, Water Utility Supervisor (ex!. 7210)
SUBJECT:
ISSUE:
Reimbursement to Developer of Heritage Glen Plat for
Replacement of Waler Line in NE 20" Street
ShaH the City reimburse Carn West Development Inc., the developer oflleritage Glen
Plat, for additional costs associated with the replacement of a water line in NE 20'"
Street?
RECOMMENDATION:
Approve the reimbursement, in the amount 0[$34,61925, to Cam West Development
Inc., for additional costs associated with the replacement of the water line in NE 20'"
Street.
BACKGROUND SUMMARY:
Cam West Development Inc., is the developer of the Heritage Glen Plat, a 37-lot
subdivision, located in the vicinity ofNE 20th Street and Aberdeen Avenue NE.
During the review of the engineering plans for utilities improvements for the plat, the
City requested the developer to replace a 525-foot section of an old water line prior to the
street improvements instead of installing a less expensive interior main to serve the plat.
The replacement of the watcr line in NE 20th Street will better serve and benefit the
City's overall water system grid and reduce the City's cost to maintain, repair and rcplace
the old water line in the future. The developer could have provided water service to the
plat and would have met City code by installing the less expensive interior water line.
City code allows for the reimbursement of additional cost to the developer if the City's
selected route for the water line is more expensive than other potential routes.
The estimated cost to install abom 577 feet of interior water line is $30,147.00 and the
cost to replace the 525-fool section of water line in NE 20th Street is $64,766.25. The
CouncillHeritage Glen Reo. .rsemcnt
October 14, 2005
Page 2 on
difference in cost of$34,619.25 is mainly due to the removal and replacement of asphalt
in NE 20lh Street with an additional water main connection with an estimated cost of
$18,573.25 and the installation ofa half-street asphalt overlay to meet City's trench
r.stomlion standards with an estimated cost 0[$16,046.00.
The Water Utility has reviewed the cost breakdown bem'cen Ihe two routes of the water
line and determined that the submitted final cost difference of$34,619.25 is acceptable
based on similar projects.
The Water Utility has budgeted sufficient funds in the 2005 Capital Improvements
Program budget (account no. 421.00500.018.5960.0034.65.055100 and
421.00500.018.5960.0034.65.055170) to pay for this work.
CONCLUSION:
Cam West DeVelopment, Inc. has completed the replacement of the water line in NE 20th
Street as requested by the City. The Water Utility has reviewed the additional cost
requested by the developer and found it to be within the acceptable range for the work
perfonned. Staff recommends that Council authorize the reimbur~ement, in the amount
of $34,619.25, to Cam West Development, Inc.
ce: Ly. Hom,by, Utility System, Director
H'lFit. Sys\WfR • Drinking Wator Utitity\ WfR-OJ -Corr .. pondcnco\hcritage·glen·revised-i<su~p.per,d""\AGtp
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June 10, 2004
Abdoul Gafour
Renton City Han
1055 South Grady Way
Renton, WA 98055
RE: Heritage Glen Plat
Waterline Reimburliement Proposal
Dear Abdow,
This letter is in regards to our discussions of extending an 8" waterline from the
entrance of the Heritage Glenplat easterly within NE 20'" Street to connect to
Aberdeen Avenue. This waterline extension will span approximately 523 feet.
Currently, there is an existing 6" cast iron waterline within NE 20'0 Street that
spans from Aberdeen Avenue west to Jones Avenue.
The Heritage Glen development proposal would normally be required to install a
water line within the interior roads and through an easem.ent to establish a second
connection at Aberdeen Avenue. During plat engineering review, CamWest was
approached by the city to revise the waterline proposal and to extend it out through
NE 20th Street to Aberdeen Avenue. This location will better serve the overall
water system grid and will also replace a 520·foot section of old cast iron water
line within NE 20111 Street; thus reducing the City's cost for repair and
maintenance.
A cost estimate details both proposals has been completed by Cam West's
contractor to arrive at a difference of approximately $}7,000. This proposal is
enclosed. The additional cost associated with the city proposal is mainly due to
more removal and replacement of asphalt roadway, traffic control and additional
connections to existing water lines.
Should you have any questions or need any additional infonnation related to this
proposal please call me at (425) 825-1955. Thank you for your cooperation with
this'proposal and work towards a mutually agreeable solution. .
SincereIY.~ S~tten· .
Cam West Development, Inc.
cc: Jan lJIian, Engineering Review
enclosure .
HERITAGE GLEN
CO" to replace existing 6" water nne
with new 8" nne .t NE 20th Stre.t outside of proJ&<:t frontage
Date: 619104
Praparad by: Unlva.nlland
••• AssumpUons:
All oil based producls ar" subject to pricing ch,mge
8" water line on NE 20th St from plat entrance to Aberdeen Ave
Quantity Unit Unit cost Subtotal ,,, Totsl
'" " 28.5 , 14,906 , 1.327 , 16.132
"'OO " '" , 2,185 , ,~ , 2,350 , " 'M' , 1.840 , 'M , '.~
Backfill "" 10n. 16.25 , 1,625 , '" , 1,770
Patch , " "00 , 4,100 , ,eo , 4,465 , " 7350 , 7 ,350 , '" , 8.004 , " ''"' , 1,200 , '" , 1,307
Prep. , " 1605 , l,SI)5 , '" , '''' Prep_ , " ,~ , 1,500 , ,~ , 1,6:W
@Plat , " 2140 , 2,140 , '" , 2,330 , '" '''' , ''" , " , '" , " "00 , 1,100 , " , 1,19S
Quantity Unit Unit Cost Subtotal ,,, Total
Waler llne 10 Aberdeen m " , 28_50 , 16,445 , 1,454 , 17,90B , " , '.= , ,= , "" , 2.178
ExiSling Ease, , " , 1,000 , 1,000 , "" , 1,089
~WEST
~." •••• ~ •••• 'NO
March 1,2005
Abdoul Groour
Renton City Hall
1055 South Grady Way
Renton, WA 98055
RE: Heritage Glen Plat -Wntchester
Grind & Overlay Reimbunement Proposal
Dear Abdoul,
p.t:CElVEO
~'.A? '2 -2~05
CITY O~ RENTON
UTILITY S%T~MS
This letter is in regards to recent discussions between Jan lilian and Aaron
Hollingbery, CamWest, about the required grind & overlay associated with the
Heritage Glen plat. As you are_aware the city previously agreed to reimburse
CamWesl for the waterline extension Work outside the Heritage Glen frontage as
extended east to Aberdeen Avenue. Reeently, it was brought to our attention that a
half street grind & overlay is required along NE 20'" Street where the new
waterline is installed within NE 20'" Street. .
A cost estimate is enclosed from Universal Land, CamWest's contractor, in the
amount ofSI6,046. 1bis estimate is for the portion of grind and overlay work
within NE 20'" Street CamWest i!i.sceking for reimbursement from the City.
Should you have any questions or need any additional infonnation related to this
proposal please call me at (425) 825~1955. Thank you for your attention to this
matter.
s~~
Sam Slatten
CamWest Development, Inc.
Jan llIian, Engineering Review
Aaron Hollingbery, CamWest
enclosure
•
, From:Uhiversal/land Canst. 425 485 3186 CQI23Ji..w;j 1~:5S 11745 p .002/002
SINC~,""
CONSTRUCTION COMPANY
"0. SO" "". _ .GOO. , ... TH AV~. N.~. _ WOOO''''''U.E, WA "_.
C .. mwest D<ov<Ilopm .... t A.a,,,,,, llolU,.:gbery
9720)NE;:12othPL
Klrkl..,<lWA 98034
TOTAL
PHO"E (425) ...... >00 FAA ("'1 .... " ..
UN'''''"C, .. AI.
,
Heritage Glen
City of Renton
$16,046.40
RelUmAddress:
City Clerk's Office
City of Renton
lOSS South Grady Way
Renton, WA980SS
Gnllltor(s): GrADtee(s):
1, l!AM~sr V'ltPSTa+e:S~Iu...C,I. City ofRc:oton, aMunicipai COfJIOrntion
/J-3r'Q C.U Wal.".Main
L.I'. of Wat.".!hin
LoP. of Wr!.«Main .cl,,' ... " .cl,,'
"""" ,~ "" 5-31'cr 12.1,,\ L.F. of 0 -pYL --1<;0 L.F. of " " .$!:~C,,; SewerMoin
L.F. of -SewerMain
.. chof -Diamet ... Mznholes
1 "",' @~ " DiIl1D<l<:r ManhoIe.s
{., "",' " Diamet ... ManhoIe.s
ern'" '"" "" IH3. L.1'.of 12--" pK .. stormLine ()-3 I (,'1 L.F.of " StonnLinc
""-. " StormLine
.. chof storm InlotlOutl<:t·
" .cl,,' Storm Catch Basin
12 .... ,' Manhole
SidcwaIk, Asphalt Pavement)
Curb. Gutter,
..... pbolt Paven>enl: " L.F. of Widtb
P'o· !
STATBOFWASHINGTON )ss
COUNT'{OPKINO ).
1 certify 1b.t 1 bow or""". satisfaclOIJ' ovid"""" 1b.t B i<'.-VC£.
MURE$8N1.4UI'lI FOlfM 01' .4CINOWI.1!DGJH/N1'
NotmyScalmlS\bowilhinbo:l STATBOPWASHINOTON )ss
COUNT'{ OF KINO )
I =tiIY that I kno.w or IIavc oa!WactoJy cvid .. oc that, _______ _
Notnry Public in !IIId for the State of Washington
Notnry (Print)
My appointment expires:
Dated:
CO/U'OlUTJI l'OUl 01' dCJCN()WLEDGMllNT
NotmySealmnstbowithiabox STATBOPWASHINGTON)8$
COUNlYOPXlNO )
()q Ihill day or , 19---, W<IR"" pommally oppuood
i~;;;;::::;:;:::;::::::::;:;:::::;:::;:::::;:t."iii<:'" 10 :InC laIowo. 10 be of\he eorporatiOll thlIt
txooutod lb. within inmumI:DI, ond oc:bowIed8.\he said instrument 10 be \he f=
ond vohmWy ad """ deed .rAid oorporaIion, for \he .... Oi:ld JlI'IPOSCS 1h<nfu
tn<Dtioned, ond eaeb "" oath _0<1 _ beJsh. _..,Ibori>od 10 "'e<U!. said
WInImcnI and Ihallho saol affixed iii tho «IlJ>MaI. =l of.,jd <01JI(ItOIion.
Nota:ry Publicin and fur the State ofW.shington
Notnry (Print)
My appointment el':pires;
Dated:
Page 2
Rdum Addn',','.
AFTER RECORDING RETIJRN TO:
CITY OF RENTON
CITY CLERK'S OFFICE
1055 South Grady Way
RENTON, WA 98055-2189
Ptc""c pnnt or type ;nfonnat;on WASfllNGTO:; STATE RECORDER'S Cover Sh." (ReW 65 04)
Ihleument Title(.) , Ded"nllons, Covenants, Easemenls and Restrictions for Wcstchester Kmmyd,lc
Referetlce Number(s) of Documents as.igned or released:
o A,ld,tlon,1 rofm",c "umber, are on page __
Granlor(s) (Last name first, then fi,st nam .... d inillaJs)
I. Camwest Westchester LLC
1
o Addltion.ln"""" on page of d<>eum<'1l<,
Grant",,(s) {Last name I]"t, Ihe" fin;1 "umo "nd tml,.I,)
I. CITY OF RENTON
o Additional "am .. 0" ""ge of docLlIDCnl.
Lq:aJ de.criptiotl (abbrevialed. 1.0. 101, block, pi" 0' "c,;on, town,hip, ,ange)
Portion of the SW Y" NE y, Sec. OS, rWll23 N, Rge 5 E, W.M.
-J-34J96~300, !} 2 j, 2'7~9, 192 t
o Addnionol leg.1 OIl " 11 ofdocumo",.
Assc""or's Property Tax Parcel IAccount Numb~r:
'334::~{10d.30-0, (;)IJ\ I "}lJ.-O, t q;:).. Lt
o A,,,,,", To, # not yo' ""gIlod Prop Mgmt In"i.l,
DECLARATION OF COVENANTS, CONDlTIONS, RESTRICTIONS,
AND RESERVATIONS FOR WESTCHESTER KENNYDALE
A Subdivision
Grantor/Declarant: CAM WEST WESrCHESTER LLe., a Washington limited liability
Grantee:
cOipOmtion
Additional names on pg. N/A
WESTCHESTER KENNYDALE HOMEOWNERS ASSOCIA nON
Additional names on pg. N/A
Legal Description: SW Yo, NE 'I., SEC. 5, T. 23 N., R. 5 E., W.M.
Official legal description on Exhibit A
Assessor's Tax ParceIID#: 3343902360,2721, 2720, 1924
Reference # (if applicable):
03f09/ll5 II :27 AM
•
OECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS
FOR
'WESTCHESTER KENNYDALE
A Subdivision
OJJ091O\ II '27 AM
This Declaration is made as ofthis~ day of l1aC<' h ,2005, by CamWest
Westchester LLC., a Washington limited liability company, hereinafter referred to as
"Declarant."
RECITALS
A. Declarant is the owner of that certain real property and improvements located within
the City of Renton, County of King, State of Washington, commonly known as Westchester
Kennydale, referred to hereinafier as "Westchester Kennydale" or the "Property," which is
more particularly described in Exhibit A attached hereto.
8. Declarant desires to create an IIssociation at Westchester Kennydale to provide for the
maintenance, preservation, and architectural control of the Lots, Private Access andlor Utility
Easements and Common Areas (all as defined below) within the community and to promote
the health, safety, happiness, and welfare of the residents of the community.
C. For the benefit and protection of the Property, to enhance its value and attractiveness,
Declarant provides herein fer a comprehensive system of land-use and building controls
within the Property.
SUBMISSION OF THE PROPERTY TO THIS DECLARATION
Declarant, being the sole o,""Tler of the Property, hereby makes this Declaration for the
purpose of submitting the Property to this Declarlltion, and declares thllt the Property
described above shall be held, sold, eunveyed, encumbered, leased, rented, occupied and
improved subject to the follovring covenants, conditions, restriction, reservations, grants of
easement rights, rigbts of way, liens, charges and equitable servitudes, which are for the
purpose of protecting the value and desirability of the Property and shall be binding on all
parties having any right, title or interest in the Property or any part thereof, and shall inure to
the benefit of each OWller thereof. Thi~ Declaration shall run vrith the land and bind
Declarant, its successors and assigns, al! subsequent owners of the Property or any part
thereof, tugether with their grantees, successors, heirs, executors, administrators, devisees or
ussigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the
Property, shall and hereby is deemed to incorpor~te by reference all provisions of this
Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot
Ov.ner, the Association, and any first Mortgagee of any Lot.
Article 1. DEFINITIONS
Section 1.1 Definitions. For the purposes of this Declar~tion and any amendments
hereto, the fillluwing definition~ shall apply.
OJl(1l/fJ5 II ZJ AM
~Architectunt1 Control Committee" shall mean the ·Board, as defined below, or a
committee by that name designated hy the Board.
"Articles" shall mean the articles of incorporation of the A~~ociation, as defined
below.
"A~sessments" shall mean aU sums chargeable by the Association against a lot,
including, without limitation: (a) general and special assessments for maintenance, repair or
replacement of the Corrunon Area..~; (b) special assessments for maintenance, repair or
reconstruction ofthe Private Access and/or Utility Easements; (c) special assessments against
a Lot Owner for work done on the Owner's Lot; (d) lines imposed by the Associatioo;
(e) interest and late charges on a delinquent Owner's account; and (I) costs of collection,
including reasonable attorneys' fees, incurred by the Association in connection with the
collection of a delinquent Owner's account.
"Association" shall mcan the Westchester !iomeo"l'."IIers Association, a Washington
non-profit corporation, as described more fully in Article 3, and its successors and assigns.
"Roard" shall mean and refer to the Board of Directors of the Association, as provided
for in Article 3.
~Bylaws" ~hal1 mean the bylaws oflbe Association as they may from time to time be
amended.
~City" shall mean the City of Renton, Washington.
"Common Atea..~" shall mean all real property and impn)vements described in Section
2.1.
"Declarant" shall mean CamWest Westchester LLC., a Washington limited liability
corporation, and its successors and assigns if such successors or assigns should (i) acquire
more than one Lot from the Declarant for the purpose of development, and (ii) be specifically
assigned the Tights!Illd duties ofDcclarant by written instrument in recordable form.
"Declaration" shall mearl this Declaration of Covenants, Condilions, Restrictions, and
RcSt-'1"Vations for Westchester Kennydale arid arly amendment. thereto.
"Home" shall mean a structure located on a Lot which is designed and intended for
use and occupancy as a residence or which is intended for use in connection with such
residence.
"loOt" shall mcan and refer to any of tile 37 numbered lots shown on the recorded Plat
of the Property except for lot 25, which shall not be part of the Westchester Kennydalc
~Jl09!05 II 21 AM -4 -
Homeo\vners Association. Ownership of a Lot shall include ownership of the Home and
improvements now or horeafter constructed on the Lot.
"Member" shaH mean a person entitled to membership in tho Association pursuant to
Section 3.5.
"Mortgage" shall moan a recorded mortgage or deed of tnlst that creates a lien against
a Lot and shall also mean a real estate contract for the sale ofa Lot.
"Mortgagee" shall mean the beneficiat owner, or the designee of the beneficial owner,
of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the
designee of vendor, of a real estate contract for \.he sale of a Lot. For the purpose of
determining the percentage of first Mortgagees approving a proposed decision or courso of
action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on wrnch it holds a
Mortgage which constitutes a first lien on said Lo1. Mortgagees shaH have the same voting
rights as lhe owners of any Lut subject to such Mortgage.
"Notice and Opportunity to be Heard" shall mean the procedure wherein the Bourd
shall give written notice of the proposed action to all Owners, tenants or occupants of Homes
whose interest would be significantly affected by the proposed action. The ootice shall
include a general statement of the proposed action and the date, time and place or the hearing,
which shall be nn! less than five days from the date notice is delivered by \.he Hoard. At the
hearing, the affected person shall have the right, personally or by a representative, to give
testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of
procedure established by the Board to assure a prompt and orderly resolution of the issues.
Such evidence shall be considered in making the dedsion but shall not bind the Board. The
affected person shall be notified of the deci~ion in the same manner in which notice of the
meeting was given.
"Owner" shall mean the owner of record, whether one or more persons or entities, of a
fee simple title to any Lot and, except as may be otherwise expressly provided herein, shall, in
the case of a Lot which has been sold pursuant to a real estate contract, include any person of
record holding a vendee's intercsl under such rcal estate contract, to the exclusion of the
vendor thereunder. Any person or entity having such an interest merely as security for the
performance of an obligation shall not be considered an oMler.
"Person" shall include natural persons, partnerships, corporations, associations and
personal representatives.
"Plat" shall mean the plat of Westchester Kennydale recorded at Volume ~ of
Plats, at pagesDilU through Qf£ Recorder's File No. 400$ 0# 1 S 00 14 (,J.f. records
of King CnuntY,Washingtnn.
O.lItl'Ji<JO I U) AM -5 -
"Private Joint Access and/or Utility Easements~ shall mean shall mean the privatc
access illld/or easements benefiting certain Lots, as shown on the Plat and referrcd to in Plat
General Notes 7, 8, 9, 12, 13, & 17,
"Property" shall mean that portion of the Plat described in Exhibit A attached heroto,
"Structure" shall meilll any building, fence, wall, pole, driveway, walkway, patio,
swimming pool, or the like,
"Transition Date" shall mean the earlier of the following: (i) the date on which the
votes of the Class A members of the Association equal the votes of the Class B member or (ii)
the seventh anniversary of the date of recording of this Declaration,
Article 2, COMMON AREAS
Section 2,1
the following:
Description of Common Areas, The COlIllllon Areas are comprised of
Tracts A & B for access and utilities
PriYate access easement over Lots 3 and 4 for access to Tract A
Private access easement over Lots 21 and 22 fOT access to lots 19 and 20
Private access casement over Lot 27 for access to lot 26
Landscape & Entry monument over lot 37 and adjacent public right-of-way
Section 2,2 Dedication of Common Areas. IX:c\arant, by recording the Plat,
dedicates, transfers illld conveys Tracts A and B and any casements appurtenant thereto to the
Association_
Scr:tion 2,3 Use of Common Area~, Each Owner shall have the right to usc the
Common Areas iu common with all other O""llers, subject to this IX:ciaration, the Bylaws,
any rules and regulations adopted by the Association, and the following:
2.3.1 The Association may totally bar or restrict usc of portions of the
Common Areas where ordinary usc could be dangerous, unreasonably increase A~sociation
costs, or be detrimental to the environment, or is inconsistent with ils designation as a
Sensitive Area on the Plat.
2.3.2 '1 he Association shall have the right to suspend the voting rights by any
O""ller for any period during which any assessment against such Owner's Lot remains unpaid,
and for a period not to excecd 60 days for any, and for each separate, infraction of the
Association's published rules and regulations_
OJl<J9IVj 11'11 AM ~ 6 ~
2.3.3 The Association shall have the right to dedicate or transfer all or any
portion of the Common Areas, including easements thereon, to any public agency, authority,
or utility lilT such purposes and subject to such conditions lIS may be agreed to by !he
Members. No such dedication or transfer shall be effective unless two-thirds of each class of
Members vote or consent in writing to such dedication or transfer. The instrument dedicating
or transferring all or any portion of the Common Areas shall be executed by the president and
secretary of the Association who shall certify that tbe requisite vote or consent has been
obtained.
Scction 2.4 Storm iktcnlion Tract. Tract A contains the storm detention vault for
the Property. The Association shall be responsible for all maintenance, repair and
replacement of the stonn detention vault and the common stonn drainage system it serves.
The Owners of Lots scrved by the access road from the public road over Tract A sball be
responsible for the cost of maintenance, repair and replacement of the road and any utilities
used in common by such Lots pursuant to Section 2.6; provided that the Association shall be
responsible restoring the access road following any repairs to the detention vault or common
storm drainage system.
Section 2.5 Landscape and Entry Signage casement; Lot 37. Easement over lot 37
and public right-of-way contains the entry signage for the Property and landscaping. The
Association shall be responsible for all maintenance, ropair and replacement of the entry
signage, landscaping, irrigation, and lighting within the easement and the black alwniown
fence separating the easement and Lot 37 as well as the extension of the hlack alwninum
fence along the southern boundary of Lot 37. The 01Mler of Lot 37 shall maintain und
replace, if necessary, a cedar hedge on Lot 37 adjacent to the fence and easement und the
southern boundary line of Lot 37. If !he Owner of Lot 37 fails to maintain or replace the
hedge, the Association shall, after Notice and Opportunity to be Heard provided to the 01Mler
of Lot 37, perform such maintenance or replacement a:,; required and assess the cost against
the Owner. The Association shall be responsible for maintaining the landscaping in the right-
of-way between the casement and Lot 37 and NE 20th Street.
Section 2.6 Private Joint Access andlor Utility Easements. As described in General
Notcs 7, 8, 9, 12, 13, & 17 oftbe Plat, there are various private access andlor utility easements
which benefit certain Lots. Declarant, by recording the Plat, grants such casements to the
01MlerS of the Lots benefited. The Association, at the request and cost of the Owners served
by an easement, shall be responsible for the maintenance of shared facilities within the
easement, as provided in Section 2.9.
Section 2.7 Delegation of Use. Any Member may delegate, in accordance with
such rules and regulations as tbe Association shall promulgate, his or her right of use and
enjoyment of the Common Areas to family members, guests, and tenants of such Member.
Each 01Mlcr shall he responsible for informing such Owner's family members, guests,
OJ~lll'27AM -7 -
tenants, and service personnel or the contents of this Declaration as "veil as any rules and
regulations that may be adopted by the Association a~ they may relate to the use and
enjoyment or the Common Areas. Each Owner shall be personally liable lilf any damage to
any Common Areas or any other area maintained by the Association or to any other property
of the Association, whether real or personal, caused by the Owner Of the Owner's family
member, guest, tenant, agent, workman, contractor or other licensee or invitee. The
Association may have a lien upon the Owner's Lot for the lIlllount of such damages as
detennined by the Board after Notice and Opportunity to be Heard.
Section 2.8 Fencing. The Declarant has installed teneing along the p~rimetef "rthe
north, south, east and west property lines. Each property shall have full responsibility for the
maintenance, repair and replacement of such fencing within their respective property
boundaries; except that the Association shall maintain the black aluminum fencing along the
south boundary of Lot 37.
Section 2.9 Maintemmce; Right-of-Way Street Trees. The Association shall have
full responsibility for the maintenance, repair, replacement and improvement of the Conunon
Areas, and upon request of the Owners served by a Private Joint Access and/or Utility
Easement as provided below, the a Private loint Access and/or Utility Easement. All such
areas and facilities shall be reasonably maintained for their intended use, subject to applicable
governmental restrictions. The cost of maintenance, repair and replacement of the driveway
over wls 3, 4 and Tract A shall be paid by or allocated to the Owners of those Lot~; provided
that the Association shall be responsible for restoring any damage to the driveway resulting
from work done on the drainage vault or COmmOn drainage facilities under the driveway. The
Association shall, upon the written request of a majority of the Owners orthe Lots served by a
Private Joint Access and/or Utility Easement, perfonn such maintenance, rerain; Of
rC<:onstruction of the portion of the facilities within the tract or easement used in COmmon as
may he requested by the Owners. If one or more of the Owners served by a Private Joint
Access an&or Utility Easement, but less than a majority of those served or benefited, makes a
written request to the Association to have maintenance, repair:s or reconstruction of a portion
of the facilities within the casement osed in common, the Board shall, after Notice and
Opportunity to be Heard given \0 all ufthe Owners benefited by the casement, decide whether
it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost
of soch maintenance, repain> or reconstruction shall be assessed eqoally against each of the
Lots. The Association shall also maintain and replace as necessary the Sired trces within the
right-of~way adjacent to Lots within the Plat until the City Or ils soccessor has adopted a
maintenance program.
- 8 -
Article 3. HOMEOWNERS ASSOCIATION
Section 3.1 Establishment. There is hereby created an assocIatIOn called the
Westchester Kennydale Homeowners Association or such other name as Declarant or the
Board shall detennioe (the" Association'').
Section 3.2 Fonn of Association. The Association shall be a nonprolit corporation
fonned and operated under the laws of the State of Washington.
Sectioo 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation
and will propose to the initial Board of Dire<.1;ors the adoption of Bylaws to supplement !11is
Declaration and to provide for the administration of the Association and the Property and tor
other purposes not inconsistent with this Declaration. In the event of any conflict between
this Declaration and the Articles for such nonprofit corporation, the provisions of this
Declaration shall prevail. Bylaws lbr the administration of the Association and the Property,
and to further the intent of this Declaration, shall be ndopted or amended by the Owners at
regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of
Directors. in the event of any conflict between this Declaration and any Bylaws, the
provisioos of this Declaration ~hall prevail.
Sedion 3.4 Board of Directors. The Association shall be managed by a Board of
Directors who are members of the Association. They shall be elected as set forth in the
Articles of Incorporation and Bylaws orthe Association.
Section 3.5 Membership and Voting Rights. The Association shall have two
classes of voting membership:
3.5.1 Class A Members shall be all Ovvoers except the Declarant, and each
Class A Member shall be entitled to one vote for each Lut owned, whether improved or 001.
When more than one Person holds an interest in any Lot, all such Persons shan be members.
The vote for such Lot shall be exercised as the joint owners may decide among themselves,
but in no event shall more than one vote be cast with respect to any Lot.
3.5.2 The Ctass B member shaH be the Declarant who shall be entitled to
three votes for each Lot owned by it. The Class B class of membership shall cease and be
converted to Class A membership upon the occurrence of the earlier of the following events:
(i) the votes of the Class A members equal the votes of the Class B memher; or (ii) the
seventh anniversary of the date on which this Declaration is recorded.
Section 3.6 Transfer of Membership. The membership in the Association of each
O\Vller (including Declarant) shall be appurtenant to the Lot giving rise to such membership,
and shall not be transferred in any way except upon the transfer of title to the Lot and then
only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
UJJ09I"5 11 ~J AM - 9 _
void. Any transfer of title to a Lot shall operato mdomatically to transfer (he member~hip in
the Association to the new Owner.
Section 3.7 Books and Records. The Board shall cause to be kept complete,
detailed, and accurale hooks and records of the receipts and expenditures of the Association,
in a fonn that complies with generally accepted accounting principles. The Bnard or a
mlljority of the Owners may at any timo require an annual audit prepared by an independent
certified public OlCCounlmlt which shall be paid for by the Association.
Section 3.8 InRpeClion of Association Documents. Books. and Records. The
Association shall make available to O'l'.'llers, Mortgagees, prospective purchasers and their
prospective mortgagees, and the agents or attorneys of any of them, currcnl copies of this
Declaration, the Articles, the Bylaws, and other roles, books, records, and linancial statements
of the Association, and the most recent annual audited fmancial statement, if one is prepared.
"Available" shall mean available for inspection upon ""quest, during nonnal blL<ine~s hours or
under other reasonable circwnstances_ The Association may require the ""questing party to
pay a reasonable charge 10 pay the cost of making the copies.
Article 4. MANAGEMENT OF THE ASSOCIA nON
Section 4.1 Administl4lil>n of the Property, The Members covenant and agree that
the administration of the Property shall be in accordance with the provisions of this
Declaration and the Bylaws of the Association which are made a part hereof. Administrative
power and authority shall be vested in the Board.
Section 4.2 Authontv and Duties of the Board On behalf of and acting fOT the
Associlltion, the Hoard, for the benefit of the Property and the Members, shall have all powers
and authority permitted to the Boord under thi~ Declaration including, but not limited to, the
following:
4.2.1 Levy, collect, and enforce the collection of, assessments, as more
particularly set forth in Article 7 hereof, to defn.y expense~ attributable 10 carrying out the
duties and Iunclion~ of the Association hereunder.
4.2.2 Require any onicef or employee of the Association handling or
responsible for Association funds to furnish adequate fidelity insurance, the premiums for
which shall be paid by the Association.
4.2.3 Enter into agreements with one or more qualified persons to provide for
the maintenance and repair of the Common Areas and Private Joint Private Joint Access
and/or Utility Easements, the collection of assessmenis, (he sending of all required notices to
O'l'.llers, the operation of A,;~ociation meetings, and other regular activities of the Assodation.
OJI09/05 11:21 AM -10·
4.2.4 Contract and pay for any materials, supplies, labor or services which
the Board should detennine are necessary or proper for carrying out ib powers and duties
under this Declaration, including legal, accounting, management, security patrol or other
services; however, if any materials, supplies, labor or services are provided for particular
lots, Private Joint Access and/or Utility Easements, or their Owners, the cost thereof shall be
specially charged to the Owners of such Lots or casements. The Board may pay the Declarant
a reasonable fee for any services it perfonns on behalf of the Association.
4.2.5 All checks, drafts, or other orders for the payment of money, notes, or
other evidences of indebtedness in the name of the Association shall be signed by such offieer
or officers, agent or agents of the Association and in such manner a~ is lium time to time
detennined by the Board.
Section 4.3 Adoption of Rules and Regulations. When and to the extent it deems
advisable, the Board may adopt reasonable rules and regulations governing the maintenance
and use of the Common Areas and the Property and other matters of mutual concern to the
Members, which rules and regulations are not inconsistent with this Declaration and the
Bylaws and which treat all Members fairly and in a non-discriminatory manner.
Section 4.4 Additional Powers of the Association. In addition to the duties and
powers of the Association, as specified herein and elsewhere in this Declaration, but subject
to the provisions of this Declaration, the Association, ncting through its Board, shall have the
power to do all other things which may be deemed reasonably necessary to carry out its duties
and the purpose of this Declaration.
Article 5. ARCHITECTURAL CONTROL
Section 5.1 Construction and Exterior Alterations or Repairs.
5.1.1 All Structures (including, without limitation, concrete or masonry
walls, rookeries, driveways, fences, hedges, swimming pools, if any, or other Structures) to be
constructed, erected, placed or altered ""ithin the Property, all exterior alterations and repairs
(induding, but not limited to, fe-roofing or repainting) of any Structures on the Property and
visible from any street or other Lot, and any construction or alteration of landscaping on the
Property must be approved by the Board or an Architectural Control Conunittee (~ACC")
composed of three or more representatives appointed by the Board; provided, that until
completed Homes have been constructed on all of the Lots, Declarant shall act as the ACC.
Complete plans and specifications of all such proposed buildings, structures, exterior
alterations and repairs, or landscaping together with dell!iled plans showing the proposed
location of the same on the particular building site and other data requested by the ACC shall
mi09!O~ I 1.21 AM -11 -
be submitted to the ACC before construction, alteration or repair is begun. Construction,
alteration or repair shalt not be started until written approval thereof is given by the ACC.
5. 1.2 The ACC wiII review snbmittals as to the quality of workmanship and
materials plannod and for conformity and harmony of the exterior design with proposed or
existing structures on the Lots and, as to loclltion ofthe building, with respect to topography,
finish grade elevation lind building setback restrictions and compliance with the Plat, in
accordance with architectur.ll guidelines to he adopted by the ACe. Depending upon the
proposal, the plans may require additional review by engineers, architects, other design
professionals andlor governmental agencies.
5. t.3 All plans and specifications submitted for approval by the ACC must
be submitted in duplicate at least 30 days prior \(l the proposed construction or exterior
alteration or repair starting date. In the event the ACC fails to approve or disapprove such
design und location within 30 days after said plans and specifications have been submilled to
it, the ACC will be deemed to have given its approval. Approval by the ACC does not
preclude or replace any required govenunental agency approval.
5.1.4 The maximum height of any building shall be established by the ACe
as part of plan approval and shall be given in writing together with the approval. If the ACC
ha~ failed to disapprove such design and location within the 30 day limit, and such design and
location is thereby deemed approve<.!, the maximum height of any building shall be no greater
tban 30 feet and must also comply with local zoning, land use and building codes.
5.1.5 The ACC may require that all plans or specifications be prepared by an
architect or a competent house designer approved by thc ACe. One complete set of the plans
and specifications shan in each case be delivered to and peonanently left with the ACC. All
buildings or struetures shall be erected or constructed, and all exterior alterations or repairs
made, by a contractor, house builder or other person or entity approved by the ACe. The
ACC shall have the right to refuse to approve any design, plan or color for such
improvements, construction or exterior, alteration or repair visible from a street or other Lut
which is not suitable or desirable, in the ACC's opinion, and such refusal lIlliy be based
entirely on aesthetic or other factors.
5.1.6 In evaluating any design, the ACC may consider the suitability of the
proposed building or other structure, the material of which it is to be built, the exterior color
scheme, the site upon which such buildings or structores are proposed to be built, the harmony
thereof with the surroundings, and the effect or impaionent that such building or structure wiU
bave on the view or outlook or surrounding Lots, compliance with the Plat, and any and aU
other factors which, in the ACC's opinion, shall afTeet the desirability or suitability of such
proposed structure, building, improvements, or exterior alteration or repair.
OJltl'Jm'LI27AM -12-
5.1.7 The ACC shall have the right to disapprove thc design or installation of
a swimming pool or any other recreational structure or equipment deemed undcsimble, in the
ACC's reasonable opinion, based on aesthetic factors or otherwise. The ACC may consider
the visual impact of the propesed structure er equipment and the noise impact of the related
activities upon all nearby Lots or Common Arcas. Any enclosure or cover used in connection
vvith such a rem:ational structure or equipment whether temporary, collapsible, or seasonal,
shall be treated as a pennanent structure for purposes of these covenants, and slta11 to be
subject to all the conditions, restrictions, and requirements as set forth herein for all buildings
and structures.
5.1.8 The ACC may require, at the Owner's expense, the trimming, topping
or, if dccmed necessary by the ACC, removal of any tree, hedge or shrub on the Owner's Lot
which the ACC determines is reasonably blocking or interfering with the view or access to
sunlight of another Lot or any Common Area.
5.1.9 Declarant (including any successor in interest to Declarant's status as
Dedarant) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by
Dedarant.
5.1.10 By maJonty vote, the ACC may adopt or amend architeetura1
guidelines consistent with this Declaration for making its determinations hereunder.
5.1.11 No Strueture shall be erected, altered, placed or permitted to remain on
any Lot unless the Structure complies with the Plat and with applicable building codes. The
ACC may require that the Owner furnish the ACC vvith evidence that all necessary permits
havc been obtained from the City for any work on a l.ot for which ACe approval is requircd
under this Section prior to commencement of the worle
Section 5.2 Declarant Facilities. Notwithstanding any provision in this Declaration
to the contrary, Declarant and its agents, employees and contractors shall be permitted to
maintain during tho period of sale of Lot. or Homos upon such ponion of the Propeny (other
than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of
the Declarant may be reasonably required, convenient or incidental to the construction, sale or
rental of Lots and Home~, including but not limited to a business office, storage area, signs,
modcl units, sales office, construction office and parking areas for aU prospective tenants or
purchasers of Dec\arant.
Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS
Section 6.1 Home and Yard Maintenance. Except for sucb maintenance and repairs
which are to be pcrfonned by the Association pursuant to the provisions of this Declaration,
each Owner, at said Owner's cost and expense, shall promptly and continuously maintain,
031<1910' LI 27 AM , 13 -
repair, replace and restore the Home and other Structures or improvements on the Owner's
Lot in a goud, dean, attractive, safe and sanitary condition and in full compliance with an
applicllble laws, the provisions of this Deelaration, and any rules and reb'lliations of the
Association. If any Owner tails to maintain, repllir, replace or restore the Owner's Home,
other Structures located on the Lot, or the Owner's Lot, the Association may, after Notice and
Opportunity to be Heard, at the Owner's cost and expense, maintain, repair, replace or rest(lTe
such items or areas and tho Owner shall payor reimburse the Association on demand lor an
such costs and expenses. All trees, hedges, shrubs, and flowers shall be kept in an attractive,
nellt, trimmed and pruned condition. Owners shall not allow their Lots to become overgrown
or unkempt so as tu create II visual nuisance. Leave~, clippings, dead plants and other yard
waste shall be placed in a compost pile or appropriate containers for disposal.
Section 6.2 Restrictions on Storage. No Ov..ner shall store or allow any occupant
or tenant to store IIny trailers, boats, motor homes, recreational vehieles, motorcycles, or
trucks over two tons (except those used by Declarant in conne>:tion with the development of
the Property or coostruction of the Homes) or any disabled or inoperable motor vehiele on the
Property unless any soch vehicle is completely enclosed :md hidden from view within a
garago or within such other enclosure as may be approved in advance by the ACC. Violations
of this Section shall subject such vohicles to impoWld, at the expense and risk of the owner
thereof.
Section 6.3 Roads and Sidewalks. The road and sidewalks located within the
Property shall be used exclusively for normal access, ingress and egress, and no obstructions
shall be placed thereon Of therein except by express written consent of the Hoard. The Hoard
may adopt rules and regulations govcrning parking within the Property by Owners and their
guests.
Sectioo 6.4 Residential Use. All Lots and Structures located thereon shall be used,
improved and devoted exclusively for residential purposes only, including: (i) sleeping,
eating, food preparation for on-~ite consumption by occupants and guests, entertaioing by
occupants or personal guests, and similar activities commonly conducted within a residential
dwelling (without regard to whether the Owner ur occupant uses the Home as a primary or
secondary personal residence, on an ownership, rental, lease or invitee basis) or sueh other
reasonable ancillary purposes commonly associated with residential dwellings and otherwise
in compliunce with this Declaration and all applicable laws for residential dwellings; (ii) for
usc as a home office or for a home \ICCopation not involving use by nonresident employees or
regular vi~its by customers or clients; (iii) for the common social, recreational or other
reasonable uses normally incident to such purposes; and (iv) for purposes of operating the
Association and managing the Property.
Section 6.5 No Nui!lllrlCes. No noxious or offensive conditions shall be permitted
upon any Lot or improvement thereon, nor shall anything be done thereon which is or may
become lin annoyance or nuisance to other occupants on the Property.
0l."U9lVlllo17 A'>l -14-
Seetioo 6.6 Restrictioo on Further Subdivision. No lui, or any portion of a Lot in
the Property, shall be divided and sold or resold, or ownership changed or transferrcd
whereby the ownership of any portion of the Property shall bc less than the area required for
the usc district in which the Property i~ located; provided, the foregoing ~hall not prohibit
deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.
Section 6.7 Garbage and Trash Removal. No luI, Private Joint Use Driveway
Tract, or Common Area shall be used a~ a dumping ground for rubbish, trash, garbage, litter,
junk and other debris. All garbage, trash and yard wdSte shall be placed in appropriate
sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the
prompt and regular disposal of aU of garbage, trash, junk and yard waste from the Owner's
Lot. All containers for garbage, trash and yard waste may be placed in public view only on
the designated collection day.
Se<::tion 6.8 Animal Restrictions. No insects, reptiles, poultry or animals of any
kind sball be raised, bred or kept in Or on any Home Or Lot, or on any Private Joint Usc
Driveway Tmct, or on any Common Area, except that domesticated dogs, cats or other usual
household pets (hereinafter referred to as "pets~) not exceeding in aggregate two per Home
may be kept on the Lots subject to rules and regulations adopted by the Board. No dog
houses, kennels, dog runs or the like may be kept or maintained on any Lot or on the outside
of any Home. All pets when outside a Home shall he maintained on an adequate leash or
other means of physically controlling the pet, by a person capable of controlling the pet at all
times or by a suitable invisible elcctronic ~onfinemcnt system not dangerous to humans. Pets
shall not be allowed to leave excrement on any Lot or on any portion of the Common Areas or
Private Joint Use Driveway Tracts. Any Owner whose pet violatcs these provisions or who
causes any unreusonable noise or damage to persons or property shull be liable to all such
banned Owners and their families, guests, and invitees. The Board may, after Notice and
Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing
other Owners unreasonably, and may exercise this authority for specific pets eVen though
other pets arc permitted to remain.
Section 6.9 ~. No signs shall be displayed to puhlic view on any wt except (i)
one professionally created sign of not more than one square foot displaying the resident's
name; (ii) one sign of not more than five square feet advertising the l.ot for sale or rent, (iii)
signs used by Declarant or other home builders to advertise Lots or Homes for sale, or (iv) the
permanent entry signs for Vineyard Crest.
Section 6.10 Renting and Leasing.
6.10.1 With respect to the leasing, rcoting, or creation of any kind of tenancy
of a Home, the Owner {except for a lender in possession of a Lot and improvements located
thereon following a default in a first Mortgage, a /ilreciosure proceeding, or any deed of trust
Olfl)9l<Y.i 11:27 AM -15-
sale or other urrangement in lieu of a foreclosure) shall be prohibited rrom leasing Of renting
less than the entire Home, and for any term less than 30 days, and all leasing or rental
agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws,
with a default of the tenant in complying with this Declaration, the Articles [)f Bylaws
constituting a default under such lease or rental agreement.
6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant
or lcssee shall pay over to the Board, so much of the rent for such Home as is required to pay
any amounts due the Association hereunder, plus interest and costs, if such amounts are in
default over 30 daY8. The renter or lessec shall not have the right to contest payment over to
the Board, and such paymcnt will discharge the lessee's or renter's duty of payment to the
Owner for rent to thc extent such rent is paid to the Association, but will not discharge the
liability of the Owner (and the Home under this Declaration for assessments and charges) or
operate as an approval of the lease. Ibe Board shall not exercise this p'""er where a receiver
has been appointed with respect to the Ilome or its Owner, or in derogation of any rights
which a Mortgagee of such Ilome may have with respect to such rents. Other than as stated
herein, there are no restrictions on the right of any Owner to lease or otherwise rent hi, Home.
Section 6.11 Zoning Regulations. Zoning regulations, building regulations,
environmental regulations and other similar governmental regulations applicable to the
Property subje<:t to this Declaration shall be obscrved. In the event of any conflict between
any provision of such govemmental regulations and restrictions of this Declaration, the more
restrictive provisions shall apply.
Section 6.12 Business Use. No business of any kind shall be conducted on any l.ot
with the ex~eption of (i) the business of the Declarant in developing and selling Homes or
Lots, and (ii) home occupations apprvved by the Board which do nOI involvc employees,
regular visits by cIL'<tomers or clients, create excess traffic, parking probkms, noise, or
otherwise violate this Declaration. Owners shall also comply wilh all of the requirements of
the appropriate local government concerning the operation of such home oecopations. No
business materials, supplies or equipment shall be stored on any Lot within the view of
another Lot, except for items relating to an improvement which i~ under construction in
confonnance with this Declaration.
Section 6.13 Temporary Residence. No outbuilding, tent, shack, garage, trailer, shed
or temporary building of any kind shall be used as a residence either temporarily or
permanently, except for trailers used by Deelaranl, builders, Of contractors during the
construction period.
Section 6.14 Satellite Dishes. Except as approved by the ACC, no antenna, satellite
dish or similar equipment shall be affixed to the exterior any S1ructure or othcrwise placed on
any l.ol. The ACC may regulate the location and screening of any antenna, satellite dish or
OJil>'!M 1l..l7 AM -16-
similar equipment which the Owner may have a right to install On the Owner's Lot pursuant
to the federal law.
Section 6.15 Governmental and Plat Requirements All Structures and other Lot
improvements shall comply with the Plat and all applicable governmental requirements
including, without limitation, minimum setback requirements.
Section6.16 Oil and Mining Operations. No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be pcnnitted upon or
in any Lot, nor sha!! oil wells, tanks, tunnels, mineral excavations or shafts be pennittcd upon
or in any Lot. No derrick or other structure de'igned for use in boring for oil or natural gw>
shall be erected, maintained or pennitted upon any lot.
Section 6.17 Use and Dispo~l of Hazardous Substances. The Owner of each Lot
shall comply with all state, federal and local laws and regulations governing or in any way
relating to the handling, storage, use, dwnping, diseharge or disposal of any hazardous
substance or material. The owner of each Lot shall not dispose of or discharge any hazardous
substance nr materials on any Lot, Private Joint Use Driveway Tract, Conunon Area, public
street or other area located within the Property.
Section 6.18 Completion of Proiect~. Any struetw-es or improvements, including
any repairs or replacement thereof, constructed on any Lot shall be completed as to external
appearance, including finish painting, within six months from the commencement of
constmetion except for reasons beyond the control of the Owner, in which case a longer
period may he pennitted by the ACC. ·This period may be extended by the ACC due to
inclement weather.
Section 6.19 Mailboxes. Each of the mailboxes and mailbox structures shall be
placed in locations approved by the United States Postal Service. Owners may not damage or
otherwise interfere with a mailbox structure. Parking in front of the mailbox structures is
prohibited.
Section 6.20 Extcrior Add-ons. No awnings, air conditioning units, or other
projections shall be placed on Or hang from the exterior surfaces of any Home unless they
have been approved by the ACC. Notwithstanding the foregoing, basketball hoops may hang
from exterior surfaces of a Home as long as the hoop is hidden lrom view from the road
located within tho Property.
Section 6.21 Outdoor Fires. Outdoor barbecues may be used for cooking On the Loi~
when pcnnitted by law. Reasonahle and adequate precautions against fires must be taken.
Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires
shall be pennitted on the Property, except for fires hy Declarant or contractors for burning
construction wastes where all neccss3I) government pennits have been obtained.
OJl09l05 11·27 AM -17 -
Section 6.22 Screcncd Service Areas. Unsightly items must be hidden from vie'"
within a Home or garage or within a fenced or screened area where they will not be seen from
any Lot or road. Unsightly items shall include, but shall not be Iimitcd to, garbagc and trash,
clothes lines, bicydes, recreational gear, outdoor maintenance equipment, firewood and
ladders. The design and materials used for any fenced or screened area shall be eOIL~istent
with the general appearance of the Home and must receive prior approval from the ACe.
Section 6.23 Damage and Repair of Property. Upon any Substantial Damage (a~
defined below) to any Home or wt, the Owner shall promptly restore and Repair (as dei1ned
below) the Home to substantiaHy the same siLe and design as the original Home. The prior
written consent or vote of the Board and a vote of 67% of the totll! votes entitled to be cast by
the Owners of the Lots is required to rebuild in accordance with a plan thaI is different from
the original plan as it may have heen modified by alterations approved by the Board. As used
in this Section, Substantial Damage shall mean that in the judgment ofa majority of the Board
the estimated damage for the Home exceeds ten percent of the full, fair market value of the
Home before the damage occurred, as determined by the theo current assessment for the
purpose orreal estate laxation.
Article 7. ASSESSMENTS
Section 7.1 Creation of the Lien and Pcrsonal Obligation of Assessmcnts. Each
Owner of a Lot by acceptance of a dced therefor, whethcr or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association any assessment duly
levied by the Association as provided in this Th::c1aration. Such assessments, together with
interest, costs, lme charges and reasonahle attorneys fees, shall also be a charge on the land
and shall be a continuing lien upon the Lot against which each such assessmcnt is made.
Each such assessment, together with interest, costs, late charges and reasonable attorneys'
fees, shaH also be the personal obligation of the person who was thc Owner of such wt at the
time when the a~sessment fel! due. The personal obligation for delinquent assessments shall
not pass to his successor title unless the lien for such delinquent assessments had been
prllperly recorded prior to title transfer or unless expres.<ly assumed by that pw1y. When
ownership of a Lot changes, assessments payable in installments which have been establishcd
for the CUTTent liscal year shall be promted between the Buyer and Seller based on a 365 day
year.
Section 7.2 Liability for Assessments. Any assessments which may be levied from
time to time pursuant to the autherity ot"the Hoard ~hall be established in accordaoce with thi~
Article 7, except for a.sessme1llS levied against Owners lor thc purpose of paying or
reimbursing the Associution for costs incurred or to be incurred in connection ",ith
pcrfonning requested maintenance, repairs or recon~truetion of facilities share in common
with other Owncrs within the Private Joint Acce% andlor Utility Easements pursuant to
03.'09/0\ 11.21 AM -18-
Section 2,9 or for the purpose of paying or reimbursing the Association for costs incurred or
to be incurred in cormcclion with bringing an Owner's L.ot into compliance with the
provisions of this Declaration, Declarant shall not be obligated to pay any assessment levied
against any I-ots owncd by it unless a Home has been constructed on the I-ot and the Home is
occupied. No Owner may exempt himself or herself from liability for his assessments by
abandoning the Owner's Lot.
Section 7.3 Association Budget. The Association shall prcpare, or cause the
preparation of, an operating budget for the Association at least annually, in accordance with
generally accepted accounting principles. The operating budgct shall set forth sums required
by the Association, as estimated by the Board, to mect its annual costs and expenses.
Assessments on cach Lol shall commence upon a date specified by the Declarant by notice to
the Association or the Owners. The members of the Association who are obligated to pay
assessments based on a particular budget may reject said budget at a special meeting of the
Association by a vote of 51% of the votes of each class of Members. Until assessments have
commenced, the Declarant shall pay the actual expenses of the Association.
Section 7.4 Lew of Generul Assessment. In order to meet the costs and expenses
projected in its operating bUdget, the Board shaH determine and levy On every Owner a
general assessment. The Association's operating budget shall be divided hy the number of
Lots to deteonine the amount of one assessment unit. Except as provided in Section 7.3 with
respect to unoccupied Lots owned by the Declarant, each Owner's general assessment shall be
calculated by multiplying the number of Lois owned by the Owner by one assessment unit.
Section 7.5 Amount of Gener.u Assessment The Board shall make reasonable
efforts to deteonine the amount of the general assessment payable by each Owner for an
assessment period al least 30 days in advance of beginning of such period. Notice of the
general assessment shall thereupon be sent to each Owner subject to assessment; provided,
however, that failure to notifY an Owner of the amount of an assessment shall not render such
assessment void or invalid. Any failure by the Board, before the expiration of any assessment
period, to fix the amount of the general assessmem hereunder for the next period, shall not be
deemed a waiver or modification in any respect of the provisions of this Article or a release of
any Owner from the obligation to pay the gene"d assessment, or any installment thereof, for
that or any subsequent assessment period.
Section 7.6 Assessment Period. The general assessment fixed for the preceding
period shaH continue until" new assessment is fixed. Upon any revision by the Association
of the operating budget during the assessment period for which each budget was prepared, the
Goard shall, if necessary, revise the general assessment levied against the Owners and give
notice of the same in the same manner as the initial levy of a genera! assessment for the
assessment period.
03;0"105 II '21 AM -19 •
Section 7.7 Special Assessment~. In addition to the general assessments authorized
by this Article. the Association may levy an assessment or llS~essments at any time against all
Lot Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the
cost llf any construction or reconstruction, inordinate repair, or replacement of a Common
Area, or for such other purposes as the Association may consider appropriate; provided,
however, that any such assessment must have the prior favor.lb1e vote of a majority of each
class of Members. The amount of each Owner'~ ~pecial assessment for any year shall be
calculated like the general assessment, except that the total special assessment shaH be
substituted for the operating budget amount and shall be payable in one or more installments,
as detennincd by the Board. In addition, costs of the Association incurred pursuant to Section
2.9 for maintenance, repair or re>:onstruetion of facilities shared in common with other
Ov.mers within any Private Joint Access and/or Utility Easement shall be a special assessment
against the OWIlers served by that Tract or benefited by that easement payable in one or more
installments, as ueteIrnined by the Board; and costs incurred by the Association for work done
on the Owner's Lot pursuant to Section 6.1 shall be a special assessment against the Owner of
that Lot. Special assessments may be levied either before or after the work is done, in the
diseretion of the Board.
Section 7.8 MalUler and Time of Payment. Assessments shall be payable in such
rea~mable marmer as the Board shall designate. Any assessment or installment thereof which
remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of
12% per annum, and the Board may also assess a late charge in an amoWlt not exceeding 25%
of any unpaid assessmcot which has been delinquent for more than 15 days.
Seclioo 7.9 Accounts. Any assessments collected by th~ Association shall be
deposited in one or more Federally insured institutional depository accounts established by
the Board. The Board shall have exclusive control of such accooots and shall maintain
accurate records thereof. No withdrawal shall be made from said accooots except to pay for
charges and expenses authorized by this Deelar<ltion.
Secllon 7.10 Lieo In the event any assessment or installment thereof remains
delinquent for more than 30 days, the Board may, upon 15 days' prior wrillen notice to the
Owner of such lut of the exist~nce of the default, accelerate and demand immediate payment
of the entire assessment. The amount of any assessment assessed or charged to any Lot plus
interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A
notice of assessment may be recorded io the o!lice where real estate conveyances arc recorded
for the county in which this property is located. Such notice of assessment may be filed at
any time at least 15 days following delivery of the notice of default referred to above in this
Section. The lien for payment of such asse~sment and charges shall have priorily over all
other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1.
Suit to recover a money judgment for unpaid assessments or charges shall be maiotainable
without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a
mortgage.
l'.1IO'Jro, 11 27 AM -20-
Section 7.11 Waiver of Homestead. Each O'WIler hereby waives, to the extent of any
liens created pursuant to this Article, the benefit of any homestead or exemption law in effect
at the time any assessment or installment thereof become delinquent or any lien is imposed
pursuant to the tenns hereof.
Section 7.12 Records and Financial Statements. The Board shall prepare or calISe to
be prepared for any fiscal year in which the A~socialion levies or collects any assessments, a
balance sheet and an operating (income/expense) statement for the Association which shall
inclode a schedule of delinquent assessments identified by the number of the Lot and the
name of the Lot Owner; provided, however, such documents need not be prepared by a
certified public accountant unless requested by the Board or a majority of the Owners. The
Board shall cause detailed and accurate records of the receipts and expenditures of the
Association to be kept specifYing and itemizing the maintenance, operating, and any other
expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and
any resolutions authorizing expenditures of Association funds shall be available for
examination by any Owner at convenient weekday hours.
Sectioo 7.13 Certificate of Assessment. A certificate executed and acknowledged by
the treasurer or the president of the Board (or an authorized agent thereof, if neither the
presideot nor treasurer is available) staling the indebtedness for assessment and charges or
lack thereof secured by the assessments upon any Lot shall be conclusive upon the
Association as to the amount of such indebtedness on the date of the certificate, in favor of all
persons who rely thereon in good faith. Such a certificate shull be furnished to any Owner or
any Mortgagee of a Lot within a reasonable time nfler request, in recordable fonn, at a
rcasonable fee. Unless otherwise prohibited by law, any Mortgugee holding a lien on a Lot
may pay any unpaid assessments or charges with respect to such Lot, and, upon such
payment, shaH have a lien on such Lot for the amounts paid of the same priority as its lien.
Section 7.14 Foreclosure of Assessment Lien: Attorneys Fees and Costs_ The Board
(or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of,
Or coUect any assessment. In any action to foreclosure the lien 01; Or otherwise coHcct
delinquent assessments or charges, any judgment rendered in favor of the Association shall
include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in
preparation for or in the prosecution of .<;aid action, in addition to aU costs pennitted by law.
Said liens may be foreclosed as a mortgage.
Section 7.15 Curing of Defaulj. The Board shall prepare and record a sati,faction
and release of the lien for which a notice of assessment bas been Illed and recorded in
accordance with this Article upon timcly payment or other satisfa<."Iion of all delinquent
assessment, set forth in the notice and all other assessments which have become due and
payable following the date of such rccordation with respect to the Lot to which such notice of
assessment wa~ recorded, together with all costs, late charges and interest which have accrued
OJI09IV5 11 27 AM -21 -
thereon. A fee of twenty-five dollars ($25.00) or such other amount as may from time to time
be set by the Board covering the cost of preparation and recordation shall be pwd to the
Association prior to such action. The satisfaction and release ofthe lien created by the notice
of a~~essment shall be executed by the president or treasurer of the Association or by any
authorized representative of the Board. Fur the purpose of this paragraph, the tcnn "costs"
shall include costs and expenses actually incurred or expendcd by the Association in
connection with the cost of preparation and recordation of the notice of assessmcnt and any
efforts to collect the dclinquent assessments, including a reasonable sum for attorncys' fces
and costs.
Section 7.16 Delinquent Assessment Deposit; Working CapitaL
7.16.1 A Lot Owner may be required by the Board, from time to time, to make
, and maintain a deposit up to three months' estimated monthly assessments, which may be
collected as are other assessments and charges. Such deposit shall be held in a separate fimd,
he credited to the Lot owned by soch Owner, and be for the purpose of establishing a reserve
for delinquent assessments.
7.16.2 Resort may be had thereto at any time when such oWTIer is ten days or
more delinqoent in paying his or her monthly or other assessment~ and charges. Swd deposits
shall not be considered as advance payments of regular assessments. In the event the Board
shOldd draw upon swd deposit as a result of a Lot Owner's delinquency in paymem of any
assessments, the Owner shall continue to be responsible for the immediate and full payment
of said delinquent Assessment (and all penalties and costs thereon) and thus the full
restoration of said deposit, and the Board ~hall continue to have all oIthe rights and remedies
for enforcing such assessment payment and deposit restoration as provided by this
Dcelamuon and by law.
7.16.3 Upon the sale of a Lot, the seIIerlO"'Tler thereof shall not be entitled to
a refimd from the Association of any deposit or reserve account made or maintained with
respect to such Lot pursuant to this or any other section of this Declaration; rather, any such
deposit or reserve account ~hall continue to be held by the Association for the credit of such
Lot, and the selkr/Owncr shall be responsible for obtaining from the purchaser appropriate
compensation therefor.
7.16,4 The first purchaser of any Lot shall pay to the Association, in addition
to other amounts due, an amount equal to three month~ of monthly assessments as an initial
contribution to the Association's working capital. Such working capital contributions shall
not be used tu defray Declarant's expenses in completing the construction or development of
the Property, to pay Dedaranl'~ contributions to Association reserves or to makc up any
deficits in the budget of the Assuciation.
QJlO'JlIlj 11 27 AM -22-
Article 8. COMPLIANCE AND ENFORCEMENT
Section 8.1 Enforcement.
8.1.1 Flach Member, Board member and the Association shall comply strictly
with the provisions of this Declaration and with the Bylaws and administrative rules and
regulations adopted by the Association (as the same may bc lawfully amended from time to
time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by
the Board (acting through its officers en behalf of the Association and the Olo\lI]ers) or by the
aggrieved Olo\lI]er on his own, against the party (including an Owner or the Association)
failing to comply.
8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 Or
any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in
such action or arbitration shaH be entitled to an award for reasonable attorneys' fees and all
costs and expenses reasonably incurred in preparation for prosecution of said action or
arbitration, in addition to all costs pennitted by law.
Section 8.2 No Waiver of Strict Performance. The failure of the Board or
Declarant, as 'lpplieablc, in 'lny one or more instances to insist upon or enforce the strict
performance of any of the terms, covenants, conditions or restrictions of this Declaration, or
of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition or restriction, but such tenn,
covenant, cnndition or restriction shull remain in full force and effect. No waiver by the Board
of any provision hereof shall be deemed to huve been made lUlless expressed in writing and
signed by the Board.
Section 8.3 Arbitration. Any dispute between the Olo\lI]ers, between an Owner and
the Board or the Association or between an Owner, the Board or the Association and
Declarant shall be detennined by arbitration in the King County, Washington, lUlder the
American Arbitration Association (AAA) Conunercial Arbitration Rules with Expedited
Procedures in effect on the dale hereof, as modified by this Declaration. There shall be one
arbitnllor selected by the parties within seven days of the arhitration demand or, if not, then
selected pursuant to the AAA Rules. The arbitrator shall be an attorney with at least five
years o"'ners association, subdivision or real estate law experience. Any issue about whether
a claim must be arbitrated pursuant to this Declaration shall be detCtmined by the arbitrator.
At the request of either party made not later than 45 days aIler the arbitration demand, the
parties agree to submit the dispute to nonbinding mooilltion which shall not delay the
arbitration hearing datc. There shall be no substantive motions or discovery, except the
arbitrator shall authorize sueh discovery as may bc necessary to ensure a tbir hearing, which
shall be held within 90 days of the demand and concluded within two days. These time limits
are not jurisdictional. The arbitrator shull apply substantive law and may award injunctive
relief or any other remedy available from a judge induding attorney fees and costs to the
U1IOWl), 11'211lM -23 -
prevailing party, but the arbitrator shall not have the power to award plUlitive damages. This
arbitration provision shall not cover claims by the Association lor collection of assessments;
such claims shall be governed by Article 7.
Section 8.4 Remedies Cumulative. Except for claims which must be arbitrated
pursuant 10 Section 8.3 above, the remedies provided herein are cumulative, and the Board
may pursue them concurrently, as well as any other remedies which may be availahle under
law although not expressed herein.
Article 9. LIMITATION OF LIABILITY
Section 9.1 No Personal Llabllitv. So long as a Board member, Association
committee member, Association officer, or authorized agent(s) has acted in good faith,
without willful Or intentional misconduct, upon thc basis of such infonnation as may be
possessed by such person, no person shall be personally liable to any Member, or other party
including the Association, for any damage, loss or prejudice suffered Of claimed on account of
any act, omission, error, negligence (except gross negligence), any discretionary decision Or
failure to make a discrctionary dedsion, by such person in such person's official capacity;
provided, howovcr, that this Section shall not apply where the consequences of such act,
omission, error or negligence are covered by insurance or bond obtained by the Board
pursuant to Article 4 Or Article 14 hereof.
Section 9.2 Indemnification. Each Board member Of Association committee
member, or Association Officer, and their respective heirs and successors, shall be
indcmnified by the Association against all expen!leS and [iabilities, including attorneys' fees,
reasonably incurred by or imposed in connection with any proceeding to which he or shc may
be party, or in which he or she may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred, except in such cases wherein
such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing
violation of law in the performance of his or her dUlies, and except in such cases where such
person has participated in a transaction from which said person will personally receive a
bencfit in money, property, or services to which said person is not legally entitled; provided,
however, that in the event of a sctllement, indemnification shall apply only when the Board
approves such settlement and reimbursement as being in the best interests "flhe Association.
Nothing contained in Ihis Section 9.2 shall, howcver, be deemed \0 obligate the Association to
indemnify any Member who is or has been a Board member or officer of the Association with
respect to any duties or obligations assruncd or liabilities incurred by him or her under and by
virtue ofthc Dec1anltion as a Member or Owner of a Lot.
Article 10. MORTGAUEE PROTECTION
,nmw05 1l.l7 AM -24-
Section 10.1 Priority of Mortgages. Nntwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assessments shall be subject to tax liens
on the Lot in favor of any assessing andlor special distriet and be subject to the rigbts of the
secured party in the case of any indebtedness secured by first lien mortgages or deeds of trust
which were made in good faith and for value upon the Lot. A mortgagee of II Lot, or other
purchaser of a Ln!, who obtains possession of a Lot as a result offorcdosure or deed in lieu
thereof will be liable for any assessment accruing after such possession_ Such unpaid share of
common expenses or assessments shall be deemed to be common expenses collectible Irom
all of the Lot Owners including such possessor, his successor and assigns. For the purpose of
this Article, the terms "mortgage" and "mortgagee" shall not mean a real estate contract (or
the vendor thereunder), or II mortgage or deed of trust (or mortgagee or beneficiary
thereunder) securing a deferred purchase price balance owed with respect to a sale by an
individual Lot O\\lJ]er other than J)eclarant.
Section 10.2 Effect of Declaration Amendments. No amendment nfthis Declaration
shall be effective to modifY, change or limit or alter the rights expressly conferred upon
mortgagees in this instrument with rcspect to any unsatislied mortgage duly recorded unless
the amendment shlill be consented to in \VIiting by the holder of such mortgage. Any
provision of this Article conferring rights upon mortgagees which is inconsistent with any
other provision of this Declaration shall control over such other inconsistent provisions.
Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditioos,
restrictions, covenants, easement.'! or reservations herein contained shall not affect or impair
the lien or charge of any bona !ide mortgage made in good faith for value on any Lots;
provided, however, that any subsequent owner of the Lut shall be bound by these provisions
whether such owner's title was acquired by foreclosure or trustee's sale or otherwise.
S~'<:tion 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of
the Association in \VIiting, the Association shall give written notice to such first mortgagee
that an Owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation
under this Declaration. Any first mortgagee shall, upon written request, also be entitled 10
receive written notice of all meetings of the Association and be permitted to designate a
represcntative to attend such meetings.
Section 10.5 furnishing of Doewnents. The Association shall make available to
prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies
of the Declaration, Bylaws, and other rules governing the Property, and Ihe most recent
balance sheet and income/expense statement for the Association, if any has heen prepared.
Article II. EASEMENTS AND SPECIAL TRACTS
0]/(1<)/0> II ZJ Mt -25 -
Section 11.1 Association Functions. There is hereby reserved to Declarant and the
Association or their duly authorized agents and representativcs such casements as arc
necessary to perfonn the duties and obligations of the AsS()ciation as are set forth in the
Declaration, or in the Bylaws, and rules and regulations adopted by the Association.
Section 11.2 Utility F.asements. Various easements are reserved on the Lots, as
provided hy the Plat and applicable laws, ordinances and other govenunental rule and
regulations for utility installation and maintenance, including but not limited to, underground
electric power, telephone, cable television, water, sewer, gas and drainage and accessory
equipment, together with the right to enter upon the Lots at all times for said purposes.
Within these easements, no structure, planting, Or other material shall be placed or penniUed
to remain that may damage, interfere with the installation mld maintenance of utilities, that
may change the direction of now of drainage channels in the casements, or that may obstruct
or retard the flow of 'Water through drainage channels in the easements. The easement area of
each Lot, and all improvements thereon, shall be maintained continuously by the Owner of
each Llt benefited, except for those improvements for which a public authority or utility
company or which Association is responsihle, as provided on the Plat or in this Declaration.
The Owner shall maintain the ponion of any utility on the Owner's Lot that serves only the
Owner's Lot to the point of connection to the portion of the system that serves more than one
Lot. The Association shall have an casement for thc maintenance, repair and replacement of
the portion of the private storm drainage system which serves more than one Lot up to the
point of connection to the public drainage system.
Section 11.3 Entry by Seeuritv PatroL If the Board contracts for security patrol
service, said service, and its employees, shall in have the right to enter onto any of the Lots,
Private Joint Use Drivewa} Tr<lCts, and Common Areas in order to carry out their duties nnder
such security patrol agreement; provided, however, that, said patrol service can enter a Lo!
only if it is either (i) doing so with reasonable cause, or (ii) acting with the consent of the
Owner or tenant of such Lo\.
Article 12. ABANDONMENT OF SUBDIVISION STATUS
Section 12.1 Duration of Covenants. The covenants contained herein shaH run with
and bind the land and be perpctual, unless modi lied by un instrument executed in accordance
with Article 13.
Section 12.2 Abandonment at Subdivision Status. The Association shall not, without
the prior written approval of the governmental entity having jurisdiction over the Property and
y,ithout prior written approval of 100% of all first Mortgagecs and Owners (other than the
sponsor, developer or boilder) of record, seck by act or omission to abandon or tenninate thc
subdivision status of the Property as approved by the governmental entity having nppropriate
jurisdielioll over the Property.
OJI09IVS 11021 AM -26-
Article 13. AMENDMENT OF DECLARA nON OR PLAT MAP
Section 13.1 Declaration Amendment. Amendments to this Declaration shall be
made by an instrument in .... Tiling entitled "Amendment to Declaration" whieh sets forth the
entire amendment. Until the Transition Date, this DeclamIion may be amended by an
instrument approved and executed by Declarant and approved by the 67% of cach class of
member in the Association. Thereafk'l", amendments must be approved by O\Wlers, including
Declarant, having over 67% of the votes in the Association. The members' approval may be
obtained by a special vote of the members at a meeting of the Association, or the written
consent of the requisite percentage of members. The amendment shall be executed by the
president and secretary of the Association who shall certify that the requisite V(lte or consent
has been obtained. Notwithstanding any of the foregoing, Ule prior written approval of 51 %
of all Mortgagees who have requested from the Association notification of amendments shall
be required for any material amendment to the Declaration or the Bylaws of any of the
following: voting rights; assessments, assessment liens, and subordination of sueh liens;
reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity
insrnance; responsibility for maintenance and repair; the boundaries of any Lot; convertibility
of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than set
forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot;
a decision by the Association to establish se[f~management when professional management
hru; been required previously by the Mortgagees; or any provisions which are for the express
benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically
covenanted and understood that any amendment to this Declaration properly adepted will be
completely effe<;tive to amend any or all of the covcnant~, conditions and restrictions
contained herein which may be affectcd and any or all clauses of this Deelaration unless
otherwise specifically provided in the section being amended or the amendment itself. No
amendment to this Declaratioo concerning maintenance of the private street, storm water
facility or corrunon utilities shall be effective without prior written consent of the City.
Section 13.2 rlat. Except as otherwise provitled herein, the PIa! may be amended by
revised versions or revised portions thereof referred to and described as to affect an
amendment to the Declaration adopted as provided for in Section 13.1. Copies of any such
proposed amendment to the Plat shall be made available for the examination of every Owner.
Such an amendment to the Plat shall be effective, once properly adopted, upon having
received any governmental approval required by law und recordation in Ule appropriate city or
county offices in conjunction with the Declaration amendment.
Section 13.3 Amendment~ to Conform to Construction. Declarant, upon Declarant's
sole signature, and as an attorney-in-fact for all Lot Owners with irrevocable power coupled
with an interest, may at any time, until all Lo!s have been soltl by Declarant, file an
-27-
amendment to the Declaration and to the Plat to conform data depicted therein to
improvements as actuaHy constructed and to estublish, vacate and relocate easements.
Article 14. INSURANCE
Section 14.1 Association Insurance. The Board shall cause the Association to
purchase and maintain at all times as a common expense a policy or policies necessary \0
provi<le comprehensive liability insurance; fidelity insurance; worker's compensation
insurance to the extent required by applicable laws; insurance against loss of personal
properly of the Association by fire, theft, or other causes with such deductible provisions as
the Board deems advisable; and such other insurance as the Board deems advisable. The
Board may also, in its sole discretion, cau..w the Association to purchase and maintain
insurance, if available, for the protection of the Association's directors, officers, and
representatives from personal liahility in the management of the Association's affairs. Thc
Board shall review at Icast annually the adequacy of the Association's insurance coverage.
All insurance shall be obtained from insurance carriers that are generally acceptable for
similar projects and licensed to do bu~iness in the state of Washington. All such insurance
policies and fidelity bonds shall provide that coverage may not be cancelled or substantially
modified (including cancellation for nonpayment of premium) without at leasl3D days' prior
written notice to any and all insureds named therein, including Owners, holders of mortgages,
and l.hib'llated servicers of mortgagees.
Section 14.2 Owners' Insurance.
14.2.1 All Owners shall obtain and maintain property insurance, liability
insurance, and such othcr insurance as the Board deems advisable. All insurance shall be
obtained from insurance carriers that are generally acecptable for similar residential propertics
and authorized to do busines, in the state of Washington. All such insurance policics shall
provide that coverage may not be cancelled or sub,tuntially modified (including cancellation
for nonpayment of premium) without at least 30 day~' prior written notice to the Association.
All Owners shall provide the Association with proof of insurance upon the request of the
Association.
14.2.2 The property insurance maintained by each Owner ~hall, al tbe
minimum, provide all ri~k \lr special cause of loss coverage in an amount equal to the full
replacement cost of each Home and all fixtures and improvements locatcd thcreon, with such
re;u;onable deductibles and exclusions from coveragc as thc Board may from time to timc
approve or by rule or regulation establish.
14.2.3 The liability insurance coverage maintained by each Owner shall eovcr
liability of the insureds lor pwperty damage and bodily injury and death of persons arising out
OJlO'JIOl 11::1.7 AM -28-
of the operation, maintenance, and use of the Lot and such other risks as are customarily
covered for similar residential properties with a limit of liability of at least $300,000.
14.2.4 Any portion of the Home or tot for which insurance is required under
this Article which is damaged or destroyed shall be repaired or replaced promptly by tho
O"'ller pursuant 10 Section 6.23 unless the subdivision is terminated or repair or replacement
would be illegal under any state or local health or safety statute or ordinance.
Article 15. MISCELLANEOUS
Section 15.1 Notices.
15.1.1 Any written notice or other documents us required by this Declaration,
may be delivered personally or by certified mail. If by mail, such notice, unless expressly
provided for herein to the contrary wilh regard to Ihe type of notice being given, shall be
deemed 10 have been delivered and received 48 hours after a copy thereof has beon deposited
in the United States mail, postage prepaid, addressed us follows:
15.1.1.1 11'10 a Member, other than Declarant: to the mailing
address of such Member maintained b} the Association, pursuant to the Bylaws.
15.1.1.2 If to J)cclarant, whether in its capacity us a Member, or
in any other capacity, the foHowing address (unless Declarant shall have advised Ihe Board in
writing of some other address):
CamWest Westchester LLC
clo CamWest Development, Inc.
9720 NE 120th Place, Suite 100
Kirkland, Washington 98034
Attention: Sara Slatten
15.1.\.3 Prior to the organization of the Association, notices to
the Association shan be addressed as set forth above. Thereafier, notices to the Association
shall bo addressed to the oiTIcial mailing address fornished by written notice rrom the
Association. 10 addition, from and after the organizational meeting, noticc of the address of
the Association shall be given by the Board to each Owner, within a reasonable time after the
Board has received actual notice of such Owner's purchase ora Lot.
Section 15.2 Conveyance: Notice Required. The right of an Owner to sell, tmnsfcr,
or otherwise convey his or her Lot shall not be subject 10 any right of approval, disapproval,
first refusal, or similar restriction by the Associalion or the Board, or anyone acting on their
behalf. If a Lot i~ heing sold, the Board shall have the right to notify the purchaser, the title
031(1910, 11.21 AM -29-
insurance company, and the closing agent of the amount of unpaid assessments and charges
outstanding against the lot, whether or not such infonnation is requested.
Section 15.3 Successors and Assigns. ·1 his Declaration shall be binding upon and
shall inure to the benelit of the heirs, personal representatives, successors and a~signs of
Declarant, and the heirs, personal representatives, grantees, lessees, 5ub1essees and assignees
of the Member.
Section \5.4 Joint and Several Liability. In the case of joint ownership of a Lot, the
liability of each of the Owners thereof in connection with the liabilities and obligations of
Owners. set forth in or imposed by this Declaration, shall be joint and several.
Section \5.5 Mortgagee's Acceptance.
15.5.1 This Declaration shall not initially be binding upon any Mortgagee of
record at the time of recording nf said Declaration but rather shall be subject and subordinate
to said Mortgagee's Mortgage.
15.5.2 Declarant shall not consummate the conveyance oftit1e of any Lot until
the Mortgagee of the Lot shall have accepted the provisions of this Declaration and made
uppropriate arrangements for partial release of the Lot from the lien of the Mortgage. The
issuance and recording of the first such partial release by said Mortgagee shall constitute its
acceptance of the provisions of this Declaration and the status of the Lots remaining subjcet to
its Mortgage as well as it~ ucknowledgmcnt that such appropriate arrangements for part:ial
release of Lots has been mude; provided, that, except a~ to Lol~ ~o released, said Mortgage
shall remain in full force and effect as to the entire property.
Section 15.6 Severability. "Ibe provisions hereof shall be deemed independent and
severable, and the invalidity Or partial invalidity or unenforceability of anyone provision or
portion thereof shall not urfect the validity or enforceability of any other provision hereo[
Section 15.7 Construction. 'lhe provisions of this Dec!anltion shill be liberally
construed to effectuate its purpose of creating a uniform plan for the operution and
maintenance of the Property.
Section 15.8 Captions. Captions given to the various articles and sections berein are
for convenience only and are not intended to modify or affect the meaning of any of the
substantive provisions hereof.
Section 15.9 Effective Date. The Declaration shall take effect upon recording.
IN WITNESS WHEREOF, Declurant has executed this Declaration on the day and year first
herein above written.
-30 -
DECLARANT:
OJi(l9!O, II 27 AM
CAMWEST WESTCIIESTER LLC, a
Washington limited liability company
By CAMWEST DEVELOPMENT, TNC., a ::Scf co~ratione;r;mber
Er:U,ts President
• 31 _
STAlE OF WASHINGTON )
) S".
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ERIC H. CAMPBELL is the
person who appeared belare me, and said penlon acknowledged that said person ~igned this
instrument, on oath stated that said person was authorized to execute the instrument WId
acknowledged it as the President of CAM WEST DEVELOPMENT, INC., a Washington
corporation, the Sole Member of CAM WEST WESTCHESTER LLC, a Washington limited
liability cornpWIy, 10 be the free and voluntary act of such parties for thc uses and purposes
mentioned in the instrument.
Dated this qtk day of ..;/t1arcM ,2005.
mi09IU"U7AM
~AA-£a. ~iU0 (Si re olary)
SAgA: ,).
(Legibly Print or Stamp Name of Notary)
Notary public in and for the slate of Washington,
residing at &eJII4Q~cI. v.JA
My appoinlrnent expires 2 -z,5 -0 'Q
-32 -
EXHIBIT A
Leg-ill Description of the Property
~I''''L A
TRACT 272, C.D. HIllMAN'S LAKE: WASHINGTON GARDEN OF EDEN D""I~ON NO. 4,
ACCORDING TO THE PLAT "!HEREOF: RECORDED IN VOlUME 11 OF PLATS, PAGE 82.
IN KING COUNTY. WASHINGTON:
EXCEPT THE EAST 100. FEET THEREOF: AND EXCEPT THE SOUTH 80 FEET OF THE
\'lEST 126 FEET "!HERECf".
PARCEl.. B
THE EIIST 100 FEET OF TRACT 272. c.o. HILlliAN·S LAKE WASI-IINGTON GARllEN OF
EDEN DIVISION NO. 4, ACCORDING TO mE PLAT "!HEREOF: RECQflDED IN VOLUME II,
OF PLATS, PAGE 82. IN KING COUNTY, WASHINGTON.
PAl'CeLC
THAT POllllON OF 1I<ACT 263. C.O. HIllMAN'S LAKE WASHINGTON GARDEN OF EDEN
DIVI~ON NO. 4, ACCORDING TO THE PLAT mEREOF: RECORDED IN VOLUME 11 OF
PLATS. PAGE B2. IN KING COUNT'I', WAS!-IINGTON.
COMMENCING AT THE SDU"THYIEST CORNER OF SAID 1I<ACT: "THENCE NORTH ALONG
THE WEST UNE THEREOF: 288 1(4 FEET: THENCE EAST IN A STRAIGHT UNE TO A
POINT ON "THE EAST UNE OF SAiD TRACT, 288 1/+ mT NORTH Of THE SOUTHEAST
CORNER OF SAW TRACT: "THENCE SOU"TH ON SAID EAST UNE 130 FEET: "lHENCE v.£ST
PARAillL '!11TH THE NORTHERLY UNE OF "lHE PROPEATY HEREIN DESCRlBED 127 1/4
FEET: "THENCE: SOU"TH 158 1/2 FEET TO "lHE SOU"!H UNE OF SAID TRACT: "lHENa:"
WEST ON SAiD SOU"lH UNE 127 1(4 FEET. MORE OR lESS, TO THE P(]NT OF
8EGINNING: EXCEPT "lHAT PORTION DESCRIBED AS FOLLOWS:
BEG1NNING AT A POINT 00 THE SOOTH UNE OF SAIO TRACT 26J DISTANT WESTERLY
127.25 FEET FROM THE SOU"lHEAST CORNER THEREOF: "lHENCE NOR"THERLY PARAIl.O.
WITH "lHE EASTERLY LJNE OF SAID TRACT 263. A D4STANCE OF B8 FEET: "lHENCE
WESTERLY PARAllEL WITH THE SOUTti UNE OF SAID TRACT 263. A DISTANCE OF 95
FEET: "!HENCE SDUTtiERLY PARAll.EL WlTtI TtlE EAST UNE OF SAID TRACT 263, A
[)jSTANCE OF B6 FEET TO lHE SOUTl-I UNE lHEREOF: lHENCE EASTERLY 95 FEET TO
lHE POINT OF BEGINNING.
P.AfI..cEL [>
TRACT 252, C.D. HILLMAN·S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4,
ACC~DING TO THE PLAT lHEREOF; RECORDED IN VOLUIdE 11 OF PLATS, PAGE 82,
IN KING COUNTY, WASHINGTON: •
EXCEPT "THE SOUlH 80 FEET TtlEREOF:
EXCEPT lHE EAST 150 F£ET L"I"lNG SOUTHERLY OF TtlE NORlH 12 FEET lllEREOF
ALSO THE W£ST 15.5 FEET OF "THE EAST 165.5 FEET OF THE SOUTH 80 FE£T OF
SIlID lRACT 252;
ALSO, EXCEPT "!HE NOR"!H HAlF OF lHE NORlH HAlF OF SIlID TRACT 252: AND
"!HE SOUlH 28&25 FEET OF SAID 1I<ACT 252.
0JlO91<l11l:27 AM
BOARD OF PUBLIC WORKS
Renton Municipal Building
,2005 I Room #511
IN ATTENDANCE: Neil Watts, Chairman
VISITORS:
David Christensen, Utility Systems, Absent
Abdou! Gafour, Utility Systems
Larry Me<:kiing, Building Official, Absent
Juliana Fries, Plan Review
Jan Iilian, Plan Review
Jim Gray, Fire
Kathleen McClincy, Police
Crystal McMeans, Recording Secretary
Jeny Reiker, City View 2 Short Plat
Tom Touma, City View 2 Short Plat
Wendell Woodall, City View 2 Short Plat
Sara Slatten, Heritage Glen Plat
Cliff Williams, Cedar Ave Plat
MINUTES
1. CALL TO ORDER: Chairman Watts called the meeting to order at 8:30
a.m.
2. APPROVAL OF MINUTES: Meeting minutes dated February 23, 2005
were approved as presented.
3. REQUESTED ACTION:
• OFF-SITE DEFERRAL, HERITAGE GLEN PLAT (A. K.
A. WESTCHESTER KENNYDALE, LUA 04-147, 1832,
1908, 1930, 2008 NE 20" Street -The applicant is requesting a deferral
for final lift of asphalt and installation of street monuments. The deferral
is requested until construction of the new homes is complete and to
complete recording of the plat.
Action: Following a brief discussion in which the Board added the Y,
street overlay and 2'd lift of asphalt to the deferral, it was Mond by
Gafour, Seconded by Gray to grant the deferral until May 16"', 2006,
subject to the following conditions:
1. Sufficient temporary drainage measures are provided until the
final lift is installed.
Board of Public Work
March 16,2005
Page 2
2. A licensed surveyor states in II leiter that all monuments wi!! be
installed prior to the release of the deferraL
3. A se<:urity device acceptable to the Board to cover the deferred
items be in place at 150% of the cost of the deferred
improvements, which is $78,750.00.
MOTION CARRIED.
• OFF-SITE DEFERRAL, CITY VIEW 2 SHORT PLAT,
LUA 04-074, 329 NW 2 .... Place _ The applicant is requesting a deferral
for street widening and the installation of curbs, gutters, sidewalks and II
storm watcr drainage system along NW 2'd Place.
Action: Follov>ing a lengthy discussion, it was Moved by Gafour,
Seconded by Gray, to deny the dcferral due \0 it's not meeting the criteria
established by Council (subdivision creates more thilll 3 lois and has
improvements adjacent to it). It was rcconunended that modification of
improvements required by City Code be sought through City
Administration.
MOTION CARRIED.
• OFF-SITE DEFERRAL, CEDAR AVE PLAT, LUA 04-137.
3521 Cedar Ave S -The applicant is requesting a deferral for final lift of
asphalt and design and installation of an inlet for a storm drain bypass
system for a 12-month period of time.
Action: It was Decided by Chairman Walls to table this request for a
period of two weeks to allow time for possible completion ofthe design
plans oftbe drainage system.
4. OTHER BUSINESS: Jan llIian of the Plan Review section will be taking
over as the Board Coordinator, relieving Juliana Fries from this position. We give
a big thank you 10 Juliana, for serving as Board Coordinator and doing such a fine
job! Welcome, Jan!
5. ADJOURNMENT: Chairman Watts adjourned the meeting at 9:15 a.m.
April 14,2005
Sara Slatten
CamWest Heritage. LLC
9720 NE [20Lh PI, #100
Kirkland, W A 98034
CITY ~F RENTON
City Clerk
Iwmnie I. W.Uon
Re: Hcnlagc Glen aka Westchesler Kennydalc Final Plat; File No. UJA-04-147
Dear Applicant,
At the regular Council meeting of April 11.2005, the Renton CilY Council approved the
referenced final plat by adopting Resolution No. 3747. A copy of the resolution is enclosed
for your files.
If I can pro"ide additional infonnation or a:;sislance, please feel free to contact me.
Sincerely.
Bonnie L Walton
City Clerk
Enclosure
cc: Mayor Kathy Kcolkcr-Wheeler
Council PrcSldClll TelTi Briere
Jan nhan, Development Service:. Divi,ion
• , ,
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3747
A RESOLUTION OF THE CI1Y OF RENTON. WASHINGTON,
APPROVING FINAL PLAT (HERITAGE GLEN, AKA WESTCHESTER
KENNYDALE; FILE NO. LUA-O'-147FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City orRenton, has been duly
approved by the P1anning/BuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator of the P1anning/Building/Publie 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 student! who walk to and from school; and
WHEREAS, the City Council bas determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF TIlE CITY OF RENTON,
W ASlUNGTON, DOES RESOLVE AS FOLLOWS:
SECTlONL
SECTIONH.
The above findings are true and correct in all respectS.
The final pJat approved by the PIanningIBuiJding/Public Works
Department pertaining to the following described real estate, to wit:
See Exhibit· A" attached hereto and made a part hereof IIlI if fully set fonh
I
RESOLVTIONNO. 3747
(The property, consisting of approximately 6.38 acres, is located in the vicinity of
Monterey Ave. NE and NE 20'" Street)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton. and
subject to the findings, conclusions. and recommendation oftbe P!anningIBuildingIPublic Works
Department dated March 10,2005.
PASSED BY TIIE CITY COUNCIL this 11 th day Of_---'A"p","i"' __ ~, 2005.
Bonnie 1. Walton, City Clerk
APPROVED BY THE MAYOR this 11th dayof_---'A,p"'"i"" ____ ~, 200S.
Approved as to form:
~~
RES.II03:3f31/05:ma
2
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• )
j
RESOLUTION NO. 37.
EXHIBIT A
LEOAL DESCRIPTION:
CI1merRI /,IN-
TRACT 27<. CO. ~1l.UI"""S LME WI<SHINGTON CARVEN OF EllEN DMSiON NO. ~.
~CCOROING TO lliE PLAT THER.OF, RECCORLlEll 'N IIOlUw£" OF F'U.TS, PAGE~.
IN ~II<O COUNTY. WASHlNGTOO:
£XCEPT "" EAST 100 ",,1 lHfREOF: AND E)(CEpT THE SOOTH SO ruT OF THE VlE5T 125 FEET THEREOF.
IlIONSK"
1>1£ EAST '00 mr OF TRACT 272. CD. ",w,oAN'S LIIKE WASHINGTON GJJ<O.N Of
,DEN 01115100 ~O, ~. ACCORDINC TO THE f>l.,\T llirnEOF: REWRlIW IN "",-"WE n,
Of Pl.>.TS, PAl'" 5<. IN K'NG COONlY, W.<Sl<I~GTOI<_
~
THAT PORnoN or TJI~CT ~6~. C.O. ~I"""'""'S L>.KE WASHING,,,,, GARD£N OF [IlEN
O1"SJON NO. ~. ACCORDING TO mE "'-"T lIlEREOF; RECOROEllIN I'DLU~£ 11 Of"
PlATS, p~{;[ 82, IN KING COUNTY, WA5I<t.'Wm<.
C""'~~NClNG AT 11<. SOOTHWESl CORNER OF SAID TIIM:T; THEIICE: NOlIn< AlONG THE WEST U"E lIDEOF; 289 1/4 FUl: THENCE EAST .. A slJlAICHT um: TO A
P<>NT ON _ EAST UN<: Of ""'0 TR""T. , .. 1/~ nn NaiTH Of TIl. SilUIHEAST
COllNI:~ Of SAl{) TR~CT: "",ENCE SOOTH ON SAID EAST UN£ .:10 FEET: _NCE VlEST
PAAIo.lLEL",TH lHE NOOTHtRLy UNO: Of THE PRCf'ERlY HEMIN OESCRIlIEO 127 1/4
F<fl: THENCE SooTH t~ 1/2 FEET TO lHE SOl'lli UNE Of s.<IO TRAOr, THENCE ~ O~ SIIIO SOOTH UNE 127 1/4 FEEr, II(IIE OR I.Ess, TO THE P(MHT 0<
aEG1NNING; EXc[PT TH~T PORl101l DESCRI8ED /oS fOlLOWS:
BEGINNING ~T ~ POINT OIl'THE sruTH UNE OF SAl) TR~OT 26~ DlSTmT l\EST!Rl¥
127.'<5 FEET f1!GI THE 500THE~ST CORNER lHERE""; l1lENCE: MORTHERl¥ PAAlILlEL
... 1>1 1>IE ~/oSrrRlY UNE 0" SAID mACT 263, A DISlmCE: Of' 811 FUT; lHENoE
WESTERLY PiIR/li.El ... 1>I THE SOOTH UNE Of' S/.JC TR~CT 2e3, ~ OISTAl-lCE Of' 9~
FEn 1>IE""" SOUTHERl.Y p .... Al.I.U "IlH mE EAST Ll<E OF SAID TR/.cT 2~3, A
DlSTilNCE: 0, 86 F'EET TO THE SOOTH uN£ THEREOf'; THENCE: EASlIRlY Q~ F"En TO
mE ""'NT OF aEOINNING.
CHAMBERI AIN'
TR~CT 252, C,O. HIlU<m'S lM<E WASfINGTON GAROEN OF ED£N Do~SlON ~O, ",
ACCORDING TO THE PUT Tll£REOF, R£C<lROED IN ~OW~E 11 Of PUoT$, p.\CE 82.
, IN "'NG COUNTY, WA5Hl~GTON;
EXCU'T lHE SOUlH 80 FEET T1iEREOF;
EXCU'T lHE EAST 150 m:r l'r1~ SOUTHERLY Of THE KORTH 12 FILT lHEREOF
AlSO THE WEST 15.5 F'EET OF THE EAST 165.5 FrET OF THE srulH eo-f[ET OF
SIIIO lRACT 252: ALSO, EXCEPT lHE NORTH HAlf Of THE NORll< HAlF OF S/.JC TRACT V;~ ",,0
THE soUTH 28S,2~ an Of SAIl) TRAcr 2~2,
. ",
• \
RESOLUTION NO. 3747
EXHIBIT A
,
VICINITY MAP
, Kennydale ,
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, NE 28th 51 , , ,
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April 1 I, 2005
}';nance Committee
Finance; V ollchers
Lease: Eoscene, 200 Mill
Building (4th & 6th Floors),
LAG·02·003
Transportation fA viatinn)
Committee
Transportation: Fuud 317 2005
merease and Reallocation
RESOI,UTlONS AND
ORDINANCES
Resolution #3747
Development Services:
Heritage Glen. NE 2Gr.h St,U·
()4·147
Resolutinn #37411
Streets: Lake Washington Olvd
NE Temporary Closures
Transportation, "und 317 2005
increa,e and Reallocation
Renton C<ty Council Minut'" Page 129
Finance Committee Chair Persson presented a report recommending approval
of Claim Vouchers 236175 ·236560 .nd one wire transfer totaling
$1,889,694.86; and approval of Payroll Vouchers 56582·56806, one wire
transfer, and 569 direct deposits totaling $J,899,043.51, MOVED BY
PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN TIlE
COMMnTEE REPORT. CARRIED.
Finance Commiltee Chair Persson presented a report recommending
COnCUrrenCe in the staff recommendation 10 approve the lease amendment with
Eascene Corporal ion for a five·year extension of tenancy On lhe fourlh and
sixth floors of the 200 Mill Building (LAG-D2-D03), The Committee further
recommended lhat the Mayor and City Clerk be aulhorized to sign the lease
amendment, MOVED BY PERSSON, SECONDED BY NELSON, COUNCll..
CONCUR IN THE COMMITIEE REPORT. CARRIED.
TranSpOrtalion (Aviation) Conunitlcc Chair Palmer presented a repOl't regarding
the 2005 Transporl.tion Capital Improvement Fund 317 budgel increase and
projoct reallocation. The Commillee recommended concurrence in the staff
rel:Ommendalion to approve the 2005 Fond 317 budget increa.e and projel:t
reallocation as identified in the ordinance as "Transportation Capital Fund,
Attachment A" for lhe purpose of increasing lhe Fund 317 appropriations and
reallocating the project allocation.
The Committee furlher recorrunended that the ordinance regarding this malter
be presented for first reading. MOVED BY PALMER, SECONDED ny
PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED. (See later this page for ordinance.)
The following resolulions were presented for reading and adoption;
A resolution was read approving the Heritage Glen Final Pbt, aka Westchester
Kennydale; approximately 6.38 acres located in the vicinity of Monterey Ave.
NE and l\"'E 201h St. (FP~14·147). MOVED BY BRIEllE, SECONDED IlY
LAW, COUNCll.. ADOPT THE RESOLUTION AS llEAD. CARRIED.
A resolUlion wa, read authorizing tite temporary closure of the north and
southbound lanes of Lake Washington Blvd. NE, in the vicinity of NE 50th St.,
during the period of April 15,2005 and July 15, 2005, for the Lake Washmgton
Illvd Slip Plane Project. MOVED flY BRIERE, SECONDED BY PALMER,
COUNCll.. ADOPT THE RESOLUfJON AS READ. CARRIED.
The following ordinance WaS presented for first reading and referred to the
Council meeting of 4/18/2005 for second and final reading:
An ordinance WaS read amending Ordinance 5110 relaling 10 lhe anno.1 Cily of
RenlOn 2005 Budget by appropriating funds from the Transportation Capital
Improvement "und balance, increasing the 2005 Fludget, and reallocating lhe
expenditures in specifIC transportation improvement projects. MOVED flY
CORMAN, SECONDED BY PALMER, COUNCIL REI'ER THE
ORDINANCE FOR SECOND AND FINAL READING ON 411812005.
CAJUUE]).
The following ordinance was presented for first readLng and advanced for
second and filial reading:
"
,April 11. 2005
Development Services:
Heritage Glen, NE 20th St, FP-
04-141 -
Airport: Development Study
CORRESPONDENCE
Citizen COJT\Illent: Gates -Net
Assets Corporation Services
UNFIMSHED BUSINESS
Citizen Comment: Mann-
Sunset Bluff Preliminary Plat
Appeal. SR 900 LLC &
Herons Forever. PP-04-002
Committee of the Whole
Public Works: SW 21th 5t
Improvement.<, Bond Issuance,
Feder.l Reserve Bank
Agreement
Council: Filling Council
Vacancies Policy (#800-IO)
Remon City Council Minutes Page 126
Development Services Divisiou recommended apprm'al, with conditions. of the
Heritage Glen Final Plat. aka Westchester Kennydale; 31.ingle-famil), lots on
6.38 acres located in the vicinity ofNE 20th St. and Monterey Ave. NE (FI'-()4.
141). Council COnCur. (See p"ge 129 for resolution.)
Transportation Division recommended approval of the Renton Municipal
Airpon Development Study and approval of the eight policy recormnendations.
Refer to Transponation (Aviation) Comminee.
MOVED BY BRIERE, SECONDED BY PERSSON. COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
Correspondence was read from David J. Gates, President and CEO of Net
Assets Corporation. 44 Club Rd .. Eugene. OR. 91401. regarding:m
administrative decision not to use the services of the Net Assets Corporation.
MOVED BY llRIERE, SECONDED BY PERSSOR COUNCIL REFER TI-US
CORRESPONDENCE TO THE ADMINISTRATION. CARRIED.
Assistant City Attorney Zanetta Fontes uoted receipt of a leiter from David S.
Mann, Herons Forever representative. 1424 4th Ave., Suite 10 15, Seaule,
98101, regarding the Sunset Blnff Prclimimu-y Plat. Mr. Manu asked that
Council take no action on SR 900 LLC's request for reconsideration, or if
Council does reconsider its decision of 312112005, that it amend condition 2 to
prohibit all forest clearing, hillside grading. and construction activities between
January 15 and July 31 in any year that such work is ueces,ary.
There was no motion to take action on the matter; therefore, the motion to
reconsider (which was made at tbe 4/4/2005 Council meeting) lailed.
Council President Briere presented a Committee of the Whole report
recommending concurrence in the staff recommendation to approve the
agreement with the Federal Reserve Bank of San Fr:mcisco regarding th~ SW
21th St. parcel and stormWJter detention parcel, and authorize the Mayor and
City Clerk to execute the agreement. The Committee lunher recommended
concurrence in the staff recommendation to anthorize the expend'tUl'e of
$3,000,000 to pay for the City's share of the roadway project, recognizing that
the City will ultimately i"ue bonds to pay for this project. MOVED BY
BRIERE, SECONDED BY NELSON. COUNCIL CONCUR IN nm
COMMITTEE REPORT. CARRIED.
Council President llriere presented a Committee of tile Whole repon regarding
the update to Council Policy and Procedure #800-10. Filling Council
Vacancies. The Committee reviewcd the policy and recommended rCI'is;otls to
allow Council the option, prior to selecting a candidate as the new
councilmembcr. of whether or not to condnct interviews of person(s) who
submit a letter of inter~sL Thi, change will allow Council to ,deC! ()f
interview, hy majority ,'ote, Duly a selected candidate or ~andidalt:s, rather than
requiring that all p<:fSOUS submitting a leUer of imerest be intervie"ed. The
Committee also recommended that the Council Presidem be authorized to .ign
revised Policy and Procedure #8()()·lO to implement this change. MOVED BY
BIUERE. SECONDED llY PERSSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT."
Councilmau Clawson stated that instead of having a mandatory public
inten'iew of all applicants, the new process affords Council the ability to
inten'iew only a .,elected applicant or applicant,. He emphasized that it is
L,. i OF RENTON COUNCIL AGENDA tllLL
I AL. '1. C· I
Suhmitting Data: PlanningIBuihlingIPublic Works For Agenda of:
DeplfDivfBoard .. Development Services Apnlll,2005
Staff Contact ..... Jan Illian, x-7216 Agenda Status
Consent .............. X
SubJcct: Pubile Heanng ..
HERITAGE GLEN PLAT aka WESTCHESTER Correspondence ..
KENNYDALE Ordinance ...
FlIe No. LUA 04-147FP (LUA 03-044PP) Resolution X
6.38 acres located on NE 20th between Aberdeen Ave ...........
Old Business" ... , NE and Jones Ave NE
Exhibits: New Business ..
Resolution, legal description, vicimty and projed site Study Sessions..
map Information, ... ....
Staff Report and Recommendation
Recommended Action: Approvals:
CounCIl concur. Legal Dept .. ... X
Finance Dept ..
Other." ..... , .....
Fi~cal Impact: NfA
Expenditure Required ... Transfer! Amendment.. .....
Amount Budgeted .. Revenue Generated ...
Total Pro;ect Budget Cuy Share Total Pro;ecl.
SUMMARY OF ACTION:
The recommendation for approval of the referenced fmal plat is submitted for Council action.
This plat divides 6.38 acres into 37 single-family residential lots. The construction of the utilities
and street improvements to serve Ihe lots is complete atlhis time. AU construction will be
approved, accepted or guaranteed as required through Ihe Board of Public Works pnor to
recording of the pial. All condItions placed on the preliminary plat by City Council will be met
prior to Ihe recording of the plal.
STAFF RECOMMENDATION:
Approve the Heritage Glen Plat-LUA 04-147FP, with the followmg conditions and adoptlhe
resolutIon:
l. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior
2.
to the recording of the plat.
All plat fees shall be paid prior to recording of the pl~t.
CITY OF RENTON, WASHINGTON
RESOLUTION NO. __ _
A RESOLUTION OF TOE CITY OF RENTON, WASBINGTON,
APPROVING FINAL PLAT (HERITAGE GLEN, AKA WESTCHESTER
KENNYDALE; FILE NO. LUA-04-147FP).
WHEREAS, a petition for the approval of a final plat for the subdivision ofa certain tract
ofland as hereinafter more particularly described, located within the City ofReuton, has been duly
approved by the PlanningIBl.lildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator of the PlanningfBuildinglPublic Works
Department has considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the pl.lblic interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general weIhre and for such open spaces, drainase 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, TIlE CITY COUNCIL OF TIlE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLWWS:
SErnONL The above findings are true and correct in all respects.
SEcnoN n. The final plat approved by the P1anningIBuildinglPublic Works
Department pertaining to the following described real estate, to wit:
See Exhibit· A· attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO. __ _
(The property, consisting of aRproximately 6.38 acres, is located in the vicinity of
Monterey Ave. NE and NE 2fr Street) .
is Itereby 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 PlanningIBuildingi'Public Works
Department dated March 10, 2OOS.
PASSED BY THE CITY COUNCIL this ___ day of ______ ~, 2005.
Bonnie l Walton, City Clerk
APPROVED BY n-rn MAYOR this __ day of _______ ~, 2005.
Approved as to fonn:
Lawrence J. Warren, City Attorney
RES.1I03:3131105:ma
Kathy Keolker-Wheeler, Mayor
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• •
RESOLUTION NO.
EXHIBIT A
VICINITY MAp
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DEVELOPMEl\'T SERVIO:S OiVlSION
BUILDlNGfPLANNINGfPUBLIC WORKS
CITY 01<' RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
RECOMM"ENDATION:
Camwest Development
Hen'tage Glen Plat file: LUA 04-147 FP
Aka: Westchesler Kennydale
LUA03-044PP
NE 20'h Street and Monterey Ave NE
NE 114 Section OS, Twn, 23N. Rgc. SE. WM
Final Plat for 37 single-family residential lets
with water, sewer, storm, streets, and lighting.
Appro~e With Conditions
nNDlNGS. CONl."'LUSIONS & RECOMMENDA nON
Having re~iewed the rccord documents in this maller, staff now makes and enters the fellowing:
FINDINGS:
1. The applicant, Sura Slatten of Camwest Development. filed a rcquest for approval of a 37
lot Final PiaL
2. The yellow file containing all staff reports, the State En~ironmenlal Policy Act (SEPA)
documentallon, and other pertinenl matenals was entered inlo lhe record as Exhibil No.1.
3. Thc En~ironmental Review Committee (ERC), the City's responsible official, issued a
Determination of Non-Signifil-ance-Mitigatcd on Ma!"(;h 2, 2004, for the sul!iect proposal
4. The ,ubject proposal was reviewed by all departments with an interest in the mattcr.
S. The subject site IS located at NE 20th Street and Monterey Ave NE. The new plat is located
in the NE'A of Sec. S, Twn. 23N. Rge. 5E. WM
6. The subject site is a 6.38-acre parcel.
7. The Preliminary Plm received City of Renton Council approval on May 24, 2004.
Page 2
8. The site has a R-8 (Smgle Family) land use zoning, with the adoption of Ordinance 4404
enacted in June 1993.
9. The Final PIa! 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 following
conditions imposed by the ERC:
I) The applicant provided temporary erosion control in accordance with the Department
of Ecology's Stomlw31er Management Manual.
2) Applicant has completed construction of a split rail fence <lIang the eastern edge of the
wetland buffer. Pemlanent signage has been provided. Development Services has
approved the installation.
3) The contractor provided daily review and maintenance of the erosion control both
onsite and offsite.
4) Transportation Mitigation fees will be paid prior to recording of the plat.
5) Fire Mitigation fees will be paid prior to recording of the plat.
6) Park Mitigation fees will be paid prior to recording of the plat.
11. In addition, the applicant has complicd with the conditions imposed as a result of
Preliminary Plat:
1) Applicant has complied with the above noted ERC conditions.
2) Applicant has obtained demolition permits and permits have been finaled.
3) A homeowner's association including CCRs has been drafted and submitted to the city
attorney for review for the maintenance of all common stormwater and access
improvements.
4) Applicant has installed "'Private Street" signs for private streets serving Lots 1-4, I 9-20
and 26.
5) Applicant has Installed "No Parking'" SIgnS within the priv31e streets and drives.
6) Applicant will be providing an easement to the City to the proposed drainage facility
prior to recording of the plat.
7) Applicant has addressed the encroachment issue with Property Services. This will be
finaled prior to recording of the plat.
8) Applicant has installed "No Parking" at the mailbox locations.
9) Applicant has modified the margins of the area incorporated into the wetland buffers to
make them appear less rectangular.
to) Applicant has provided means of recharging wetlands.
CONCLUSIONS:
The Final Plat gencrally appears to satisfy the conditions imposed by the preliminary plat process
and therefore should be approved by the City Council.
Pagc 3
RECOMMENDATION:
The City Council should approve the Final Plut with the following conditions:
I, AU plat improvements shall be either constructed or deferred to the salisfaction of Clly staff
prior to the recording of the plat.
2. All fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 25th DAY of March, 2005
DdcoptvrENT SERVICES DIVISION
HERITAGE GLEN
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HERITAGE GLEN
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HERITAGE GLEN
LEGAL OESCRtpnoN;
ctt ... ":'-., AlN' '
TRAcr ~n, co HIUlINj'S LME W..sHNGT~ GARDEN OF EDEN CMSION NO. '"
ACCM~G TO THE ..... r, TH~REOf', RECORD£D IN vaw~E 11 OF PiJlTS, PAGt: &l,
III KING COOliN. W_I!<G~;
EXCEPT THE ....sf 100 F'E£T THE"EC>'", ~ EXCEPT Ttl; SOOTH eo FEE:! Of' lHE
WEST ,2<1 rrrr THEREOf.
BI ft!5Kt•
THE EAST \00 fUT OF TRACT 272. C.o. HlWOO ..... S l..AKf; _INGlOO OAACEN Of
EDEN 01".510'< No. ~. IICCORIlIfIG TO \liE PlAT IHERECF: RECCfOOW I< VOUJM£ 11.
OF PlATS, PAGE B:!. IN KING COUNTY, WNlHIHGTO'<.
""'" "!HAT POll ...... Of TR~CT 2IlJ. C,O. HILl.I.OAN'S \..AI<E __ ,NelON CAAO~ OF mEN
OIliS"'1I NO. ~. ACCOROIIIG TO lIIE PU.T TH!'J<[OF, REOOROED " VOLlJIoI<: 11 OF
PlATS, PI.G(, a2, JII, KING COONn'o w..ISfflNGTOO.
"""~ENClNG AT THE SOUTHM:ST COIlND:o OF SAIl mAC', THENCE' """TH AUJNG THE \\EST '-"[ THEREOF"; 1&8. 'Ii FUr, THEHCE: EAST IN A SlRAIG1T ~E TO A
POINT ON m< u.n Um: OF !W[) TRi.cT, "" 1/f fUT!IORTH OF TIlE SOUIl!E.&.:iT COONER OF SAID TRACT: THENCE: SClJTH ON SAID (AST. UtlE 1:leI flU; lI£Na: JlEST
PAAAlllL"TH lliE NORTHERLY UHf: OF THE P~TY fIEREW DE~a£O 1271/' '£E'I; TH£HeE SOOTH 1M 1/2 Fm TO THE SOLI'JIj UNE OF SAID TRACT: THENcE
\\EST ON SAID SOUTH lH \27 '/( rrtr. ~QiE (:II! ~ TO THE PClNT OF
BEGINNING; EXCEPT 111'" PORlIOO D£Sa;JB£D /oS FOllflIIII'$, '. _
8EGINHING AT A P(>NT OO'THE SOOTH UNE Of SAiD lRACT 263 DISTANT 'ilESlERLY
127.2~ ITEl Alau THE SOUUiU.ST CORNEl! mEREOf'; lHEHCE NOOTHERlY PARAl.lU
VIlli< IHf'£i.STI:"L.Y UNE Of" SAKl TRACT iS3, A I!I$TANCE Of" B6 ;nT, IHENCE
'llESTERLY PAA.>ti.EL .. IH THE SOIJTH UNE Of" ~~ lItlCT 2&3, A QlSTANCE Of" g~
FEET, lIIENCE SOlJTHERLY PARAlLEc "iii THE f.sT ~f Of" SooID 1I!ACT 263, A
OjSTANCE Of" B8 FEET TO THE SOUIIi LlNE IHfRECf": lllENCE EASTERLY g5.rEET TO
IHE PClNT OF BECI""IHC.
OlmarRIAIN
TRACT 2~:z. C,il. HIU.\oIAIoI"li lJI<E WASHlNGTOO G""oo. OF EDEN DI!"SI~ NO. '. -'CCOROj~ TO TH[ PlAT THER£Of, RtCOROEll IN va.u~ 11 Of PlATS, PAC)E &2-
, IN KING COUHlY, WASHINGTON;
EXcEPT THE sourn 8(1 fEET 1H[IlECf": .
EXCEPT THE ~T I~ rEET l'l1N!.l SOU'lllERl,Y Of III!: NORTH 12 fIl:T TI!EREOf
ALSO TIlE """T '"." IUT OF 11£ EAST je5.~ FEET Of rnr SClInt BO nET OF SI.ID lRACT 252;
AlSO, EXCEPT THE NOO1lt H.o.LF Of THE NORTH fIAJJ" OF SAlO lJIACT 252: All)
TI£ SOUlll 288.25 FLIT OF SAID lJIACT 2S2.
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CITY OF RENTON
PLANNING I BUILDING I PUBLIC WORKS
MEMORANDUM
Date: April 4, 2005
To: City Clerk's Office
From: Stacy M. Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and Indexing by the City
CI k' Offi " " Ice.
Project Name: Heritage Glen Final Plat
LUA (file) Number: LUA-04-147, FP
Cross-References: LUA03 044 Heritage Glen Prel. Plat; LUAOS-008 Heritage Glen
Special Fence Permit
AKA's: Westchester-Kennydale Final Plat
Project Manager: Jan lilian
Acceptance Date: December 1, 2004
Applicant: Sara Slatten; CamWest Heritage, LLe
Owner: CamWest Heritage, LLC
Contact: Sara Slatten
PID Number: 3343902360; 3343902721; 3343902720; 3343901924
ERe DecisIon Date:
ERe Appeal Date:
Administrative Approval: March 24, 2005
Appeal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: Final Plat to subdivide into 37 single-family reSidential homes. Plat Includes
installation of watermain, sewer main, storm drainage, vault, Sidewalks, street lighting and paving.
Location: N of NE 20th between Jones &. Aberdeen
Comments:
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ICItky Koolkcr-Wbeclor. Maynr
DecembeJ-6. 2001-
TO WHOM IT MAY CONC8RN:
CITY OF RENTON
PJanoinglBuildinglPubIicWaks Depa/1ment
GreQ: Zlmmer ...... P.E.,Au.iDbtnotW
CITYCLIiRK
CITY OF RENTON
. DEC 07 2004
RECEIVE.~D.,.,. CITY CLERK'S OI"Q
Sllbjecl: .. A~ing of S~rnl New.Plnb IIIld Sli.crt Plats in Renwn . "-"~'" ",'--._., " ~~~S;~=~:fm~bs~_h_!l~,Just.~ ~~:"'~~~~,~~:~to . "-. -. . '
. ;,
-. , ' " Amber I...aW Short Plat .
City Vio;:w Div,2 Short PI,at -'"
Elle Rain Plat.:.. ~vised"
Fotber:i1igilJ Shwt Plat ~. ".
'HoneyBr00k;5SbortPlIIC -
Jl!!Iles Meadow Short Plat'
Kumar Short Plat .'"
CedarAve"l'1i1t "-':. ", /'·Pave..NpyS/lOrtPIat. ' .;. ':,::',
': : ElJ;lp;ria'S PIal >_:, -'._-~, :', ;",
-f ,.' -J~Ilfj.!<l&e"GlenPlid ';:.:._: :; .
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--, Slonertdgellsbl1rtPlat -, '.-'
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Sincilrely, /):, :'_~ _____ /..,
h-l...~
Jan Conklin, , '
Development Services ,Rtpresentative
Devclopmenl Services Division
TeJephone:42S-430-7276' ,
IIJ:platadd
- ' -"~'ShortPlat' -_ :;',~ .. " :'-':"_ ~ -/. 'IlIriJ~lJeS 3.6'!'. s~ 'SlIDrt Plat
, . -MaU~ 'Hlgblamb:1)iv: 2 Plitt
Bunset-C.restShdtt!Fl.at· " ,-""
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1055 Souih( Wly-Renton, Washington 98055 -RENT~ ®ThIo _____ ""' .... _ AHEAD O. THO CURVE
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CIT..eoF RENTON
March 16, 2005
Sara Slatten
Cam West Development, Inc.
9720 NE 120'" Place, #100
Kirkland, WA 98034
SUBJECT: OFF-SITE DEFERRAL
Board of Public Works
HERITAGE GLEN (WESTCHESTER KENNYDALE) PLAT, LUA 04_147
1832,1908, 19311,2008 NE 20TI! STREET
RENTON, WA
Dear Ms. Slatten:
,~,,~,.~' ,,'
The Board of Public Works met on Maroii.16, 2005 to review your application for a deferral of
the final lift of asphalt and installation ofstreet monuments. ,A discussion was held, at which
time the Board added that the Y/street ove'i-lay and 2" lift of pavement be added to the deferraL
This deferral was then approvEld until May 16'" 0[2006, subject to 'lhe~ fOllowin'g conditions:
.",,',,;1 ."'0.''','
j, • Suffi~ientterriPi>rruj; d;a~ge me~s,;~ts' an;' provid'ed wltil the final life is installed.
2. A Licensed Surveyor states in'it letter that all'monuments will be installed prior to the
releaseofthedcferraL ',_:ty,.':.:~,:;:;,.-),;,.:\" _' .<,' ;, ,_ '
3, A security device' acceptable to th;; Bo;,';d to ~ovcr the deferied -items be in' place at
150% of the cost ofthedefe"ri-Cd improvements, which is $78,750.00.
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Please find the enclosed security device'; fill out aDd rct.llTI in the provided envelope. ',,' -,,~" .. -' ",-'. ~ ,'-" As per Ordinance 4521, Section 4-34-14, you have fifteen (15) days from today's date to appeal
the Board's decision. Appeals are to be filed in writini'with the City Clerk and require a filing
fee of$75_oo. " -
You may call Juliana Fries, Board Coordinator, at (425) 430-7278 if yon have any questions or
need additional information.
Sincerely,
~. V\I.c/¥W'W'
Crystal McMeans
Recording Secretary
Enclosure
Neil Watts, Chairman
Juliana Fries, Coordinator
Gregg Zmunerrnan, PlBlPW Administrator
Jill! Illian, Plan Review
_____ C_C_A_'"ll~,,:";,:'"'":'"~"C~,;,,",C"'w..,OC. 'RC~O,","O,'WC.O""C,:,"":"~,,,""",,,,-------R E N T ~
<1> ""'POP" 000"",, "'" ",,,,,,Iod """""'. 301< """ ""''"_
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!Cathy Keolk<r·W ... ler. Mayor
APPLICANT:
Owner.
Address:
Phone:
FAX:
AltentiQn:
Title:
CITY :IF RENTON ,
PlanningtBuildingtPublicWorks Department
GregK Zinnntr .... n P.E~AdmiDhl ... l .. r
ASSlGNMENT OF FUNDS
TO THE CITY OF RENTON
1'-tuckc &wk
& 1I£,)!.Ml
lo'jj'§:S .<2f.Ljm U. 5IM:/~OC>
& ilfl)LLe we 9"600'-1
y!t.s -5$«(,,-'-,TpC>
42'2 5'6"-,C)D/O
6ft~Lt;:~~
The above refereneedbank hereby ~rljfies that CMk?l·..".t-~~1[i.c-~0 LLL..
donars n:tl .,50 -) is' on depmit in the aC<:Qunt number --.....n3Q ILa . und~r the Durie of City of Renton, to secure the applicant's performance of the following work
required in connection with the plat or project de<;<:ribed below.
Plat or Project: II '&ESTC#f?iJJ??~/' ft15i2dT,Ag8-G {" 5'\ 7
~alio~/Addre.ss of Plat o~' Project: 80S ~ c2~ ST~ ttFNtaN
The required work is generally described as follows:
The bank hereby certify and agrees Ihat these'funds will nOI be released withGut wriuen
instructiG'" fmm an authGri~ed ag~nl of th~ City of RelltGn (Ihe City). We rurth~r agree lhal
these funds will be paid to the City within HI days of re<:eiving written notice that the City has
determined that the required work has not been pmperiy performed. The bank shall have po
duty or right 10 ~valu&te (h~ correctness or appmpriatrness of any such notice Or deternlin31ion
by the City and shall not interpl~ad or in any manner delay payment of said funds 10 the City_
The applicant hereby agrees to this assignment of funds and that its obligation to p~rrOfrn the
,"o.uir~d work is not limit~d to the amount of funds held by th~ bank.
This Assignment of funds is ;rrevocable and cannot be cancelled by the bank or lican!.
Bank
"'"'' '" -""E ~u.v£
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!r-e CITY OF RENTON
Public Works Deferral
DcferraJ Number: DEF05·005
Deferred Item, DescriptIOn: DEFERRAl. REQUF,ST FOR 21m UFT OF ASPHAI,T: HALF STREET GRIND
AND OVERLAY OF l'iE 20TH AND STREET MONUMF,;,\,S.
Job Addre»:
1832 -NE 20th Stre'"
Owner:
CAMWEST HERITAGE L L C
9720 ~E 120TH PI. STE #lDO
KIRKLANDWA 98034
Ikferred Hems:
2nd Lift
Cost Estimote;
S2S11G
Monument.
Slreel LighTS
Sidewalks
01her Information:
" " "
Applicant'
Other Deferred Items;
Project Information:
Cost Estimate:
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Dat. ofissue
Dal.ofExpiratlOo
Plan Rev].".r
334390·1924
334390_272D
334390_2721
G312412005
05/1612006
JA:"IIU,TAN
Project :-.Jame: HERlTAGJ( GLEN
RCVICWcr Phono ff:
x
Aprilea"!
DEFERRAWll'OI bh
Securily Hold.:.-:
Parcel Number: 334390-2360
Thi. Deferral is granted for n specified amount of time.
This is not a permit to complete the work at a later date.
A separate permil will he required for completion or the listed items.
x
Public Works Rep
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K .. hy K""t.«_Wh'olo<, Mayor
MEMORANDUM
To: Jan Illian, PBPW , '
From: Lawrence 1. Warren, City Attorney
,
March 31, 2005
Snbjed: , Resolution £or Heritage Gleo Final Plat . .,-
JF RENTON,
Officeofthe City Attorney
LawceQ".J. Warren'-
Asslotanl City AttorTIoY"
Mork Barb« <
7.ano"0 L. Font ..
Ann S. Niel.en
S •• h P. Ale .. ;
Whitney A. F.u]knu
. ~NI SERVIceS cnvOF~ENToN .
APR 0 i 10US
RECEIVeo
,
A copy '~; the abo~e..mentioned 're~.lutlon· ;~. a~ a~~'~he original has bee~ sent to 'the City
CI"k~~:7L,"
UW:ma.
Ene.
cc: Bonnie Walton
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$ Th.""","o>n~"'5Il% __ 1,3(I%_""",_ hHEAO O. TH' cuo"
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DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
March 23, 2005
Bob Mac Doie, Technical Services
Sonja Fesser, Technical Services
Jan IIlian,x7216
HERITAGE GLEN AKA WESTCHESTER FINAL PLAT
LUA 04· 017 FP
NE 20TH 5T AND MONTEREY AVE NE
FINAL REVIEW & APPROVAL FORM
Enclosed are the lates! corrections to the final plat per your memo dated March 18, 2005.
Attached is the revised plat. If all concerns have been addressed and you recommend
recording of the mylars. please sign this memo below and return to me.
Thank you,
Approval:
Approval:
0<:: Yellow File
Name, Title
Robert T. Mac Onie, Jr. PLS
Ma~ing coordin~r
! ~a 1 ~'~ IpouJ Name, Ti
D1.te4. \
~'l/Q5
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v
DATE:
TO.
FROM'
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
Man;h 28, 2005
Jan JIljan
Sonja J. Fes"'f !J>~(::)
Westchester Kennydllte (Heritage Glen), LUA-04-147-I<'P
Formal and Legal Description Rc,'icw
Bob Mac Ome and r have reviEwed the above referenced fmal plat _,uhmittal and have Ihe
follow; ng comment"
Comment' tor the Apol icant:
The r,,,( paragraph under the "EASEME." PROVISIONS & COVENANTS" block (Sheet 2 of
5) doc, no! ~orrcctly note th~ width of the utlli!y ea'ement adjoining the Stn::Cl frontage" Said
ea,emell! ",idlll j, ,till noted u, 5', It should be nOled a,.ill:. in width, a, is currently ,hown on
Sheet' 4 a[\d 5 or 5
The Ea "C Overhang Ea,ement reCQrdLng number (211050322002D4) 'hnuld he noted in the 'p,,~e
provided on Shc~t 5 of 5 (Lot 26), Said recording number should also Ix: nOled in the ,pa""
provided under Item No.5 in the "COVEI\ANTS, CONDITIONS & RESTRICTIONS or
RECORD" block on She~l 2 of 5
Sec the nnachmenl for ilems thaI need correcting.
Comment' for the Prolec( Manager,
Nole in the recording "Islructinn~ for (he plu!, lha! the recordl ng number for Ihe CC&R',
document ((0 he 'ecorded wLth the plat) "ecd, to he in.,ened Ln (he 'pace provIded on Sheet 2 of
5, Il~m No. 20, under "GENERAL NOTES",
Allhough we ha\'e sLgncd the approval memo, and lhe cn~roHchmem i"ue ha, apparently beel]
re",lved vi" an ca'CITIL:nt, the adjuincr W lhc ,o"lh may 'Iill have bona fides with re'pect to the
pial, 'fhey m.1y jL"t be unaware of Ihe faci. Thi, ,lalement is JLL,t for the record.
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cu"''-~ LUI ~HALL NUl !Jl f?lSPON$IBl£ fOR mE STORM A<3()V[ THEIR
CONNECTION. TH" -,5[1.1[N1 SHALL RUN WITH THE LAND. ~OS[ or
SAID 0;<,11",,(;[ 15 lI[llA"D !':[C"ARGe.
mE PRIVATE ACCESS/STOR", ORAINAGE EASEMENT OIl[R ANO ACROSS LOT'S 21 AND 22
SI-lALL BE MAINTAINEO EQUALLY B~OWN[RS AND FUTURE OWNERS or LOT'S !9-22
lH[ El<CEPTION THIIT THE H,OA Ll 8E SOLEY RESPONSIBLE fOR lHEMAlI<TEN.".Cr
Of TKE STORM DRAINAGE FACIUTIE H IN SAID [ASE~ENT_
THE 20' PRrv"'TE ACCESS. STORId DRAINAGE AND UTIUTY EASEMENT ACROSS
LOT 27, SHALL BE MAINTAINED BY mE OWNERS OR ANY FUTURE OWNERS
or LOTS 24 AND 26, WITH TK( EXCEPTION THAT THE OWNERS OR FUTURE
OWNERS Of ANY LOWER LOT SfiI\ll NOT BE RESPONSIBLE FOR THE STORM
ABOVl: mEIR CONNECTION LOT 26 SHALl BEAR NO RESPONSIBILITY FOR ACCESS
MAINTENANCE.
TJ.j( NATIVE CROWTH PROTECTION EASEt.lENT (NGPE) ON LOTS 1 Tl-IROUGH ...
IS FOR BUFFERINC OF AN OFTsm: WEllAND. THE CREATION OF THE NGPE CONVEYS
TO THE PUBUC A BENERCIAl INTEREST IN THE LAND WITHIN THE AREA. THIS
INTEREST SHAlL [',[ FO~ THE Pl'RPOSE OF PRESERVING NATIVE VEGETATION FOR
THE CONTROL OF SURFACE WATER AND EROSION, V1SUAl AND AURAL BuFFERING,
AND PROTECTION OF PLANT AND N>l1t,jAl HABITAT. THE NGPE It,jPOSES UPON All
"~~5'"','T .''C'' '"::,Iof-" ;"M.',''<. ;'.,' {'CC('~"-!"5 {, T',\. L!·,·U. E:H-r~C':C,L
Ot< BH-lALf OF THE PUBLIC B¥ THE CIT¥ of RENTON, 10 lEA·,E UNDISTURBED
All TREES AND OTHER VEGETATION WITHIN THE NGPE. THE vrGETAnON
WITHIN THE NGPE t,jAY NOT BE CUT, PRUNED COVERED BY flll, REt,jOVED
OR DAt.4AGED WlmOUT nPRESS WRlnD<I PERt,jISSlON FROt,j THE CITY OF
RENTON. PROVID£D HOWMR, THAT THE OWNERS OF THE LAND t,jA¥ REMOVE
DISEASED TREES. THE RIGf-IT or ENTRY HEREIN SHAU APPL¥ TO THE AGENTS.
OF REPRESENTATIVES AND E~Pl(lYEES or THE OWN[RS OR SUBSEQUENT OWNERS me LAND.
15. THE PUBLIC SANITARY SEWER EASEt,jENT ACROSS LOTS 33 THROUGH AND J7 IS HEREBY GRNfTEO
TO THE CITY OF RENTON ALONG WIT" RIGHT OF ACCESS FOR MAINTENANCE PURPOSES.
THE CITY OF RENTON SHAlL BE SOLELY RESPONSIBL£ FOR MAiNTENANCE OF ALL SANIlA.RY
liNES WITHIN THIS EAS(t,jENT.
16. THE. 12' RIGHT OF WAY AND UTILITY EASEMENT ACROSS TRACT B IS f-I(RE8Y GRANTtD
TO THE OWNERS OF KING COUNTY TAX ACCOUNT PA.RCEL NUMBERS JJ4J902~6S ANO
PARCEL NUMBER J34J90236< AND SHAll BE MAINTAINED BY THE OWNlRS OR MY
FUTURE OWNERS or SAID PARCELS ALSO, SEE NDTE 17.
17. TRACTS A & B ARE HEREBY GRANTED AND CONVEYEO TO TKE PLAT OF WESTCHESTER
KENNYDAl.E HOMEDWNtRS ASSOCIATION (HOA) FOR ACCESS AND UTILITIES. AlL
N€CESSARY MAINTENANCE ACTIVITIES FOR SAID TRACTS WilL BE Tf-IE RESPONSIBILITY
or THE HOA. WITH THE EXCEPTION THAT TRACT B SHALL BE MAINTAINED IN ACCORQANCE
WITH NOTE 16 ABOVE. IN THE EVENT mAT TKE KOA IS DISSOLVED OR OTf-lERWISE fAILS
TO t,jEET ITS PROPERTY TAX OBLIGATIONS, AS EVlD(NCED 8Y NON-PAYMUIT OF PROPERTY
TAXES FOR A PERIOD OF DGI-HEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHAlL
ASSUME AND HAVE AN EQUAL AND UN0lV10ED OWNERSHIP INTEREST IN THE TRACT
PREVIOUSLY OWNED BY THE: 1--10 .... AND HAVE THE ATTENDANT FINANCiAl AND MAINTENANCE
RESPONSIBILIDES.
1~. THE FRI'/ATr. STORM DRAINAGE E.~Sn~ErIT AC"OSS L"T 1, :""LL S[ EOUAU.Y !.'AINTAINED FrY
lW TI--IE OWNERS AND FUTUfi[ OWNERS OF lOTS 1 AND 2 WITH THE EXCEPTION THAT A"Y
lOWER LOT SHALL NOT BE RESPONSiBLE fOR TKE STORM ABovE THEIR CONNECTION. THIS
EASEt,j[NT SHilU RUN WITH THE LAND.
19. THE lANDSCAPING AND ENTRY "ONUMENT EASEloIfNT OVER lOT 37 IS HEREBY CONVEYED
TO THE WESTCHESTER KENNYlJALE H0M~ G'''''L~S ASSOCIATION. 10GETHfI; ,,·'l' 'LL "'IJNTENAN!;!:
OBLIGATIONS THEREOF. FURTHERMORE THt HOA. SHALL BE RESPONSIBLE FOR THE LAlmSCAPED
AREA IN mE PUBLIC RIGHT OF WAY ADJACENT TO SAID EASEMENT.
20 lOTS 1-24 & 26-J7 OF THIS PlAT OF WESTCHESTER KEN~OAlE ARE SUBJECT TO PRIVATE
COVENANt, CONDITIONS & RESTRICTIONS AS RECORDED UNDER RECORDING NUMBER
21. lOT 2~ AS SHOWN HEREON SHAlL BE EXEMPT FROt,j ALL EASEMENT PROVISIONS, COVENANTS,
CONDITIONS & RESTRICTIONS, MAINTENANCE R(QUIREM(N~-AND OR NOTEO HEREON.
fURTHERMORE LOT 25 SHAll NOT BE REQlJlRED TO BE MEMBErF E WESTCHESTER
KENNYOALE HOME OWNERS ASSOCIATION
•
AFTER RECORDING MAIL TO:
Sam Slatten
CamWcst Development, Inc.
9720 NE 120" Place, Suite 100
Kirkland, WA 980)4
Grantor:
Grantee:
Legal Description:
Tax AccountNo.:
Related Docum~nts:
EA V£ OVERHANG F,ASEMENT
CAMwEsrDEVELOPMEN'I, INC.
I. SCOITDAY
2. SHIRLENE DAY
Ptn. Tract 263, Hillman's Gard~n of Eden Div. 4, Vol. II, Pg. 82
rFull Leglll Description At Exhibit A]
334390-2360; 334390-2721; 334390--2120; 334390_1924
N/A
Grantor, CAMWl--ST DEVELOPMENT, It-;C., a Washington corporation, for and in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt ofwhieh is her~by acknowledged,
h~reby conveys and quitclaims to Grantee, SCOTT DAY, a single man, and STIIRLENE DAY, a 'ingle
WOman and their successors and "-'<Signs a non-exclusive easement for the encroachment of th~
exi'iling eave of Grantee's house (the '1mprovements") OVer the real property described in the attached
EXHIBIT A (the "Easement Area~) the easement is granted for thc benefit of the real property described
in the attached EXHIBIT B (the "Benefited Parcel").
'I he easement is granted subject to the follDwing terms and conditions:
The easement is granted solely fDr the benefil of one single-family house located upon the
Benefited Parcel. fhis easement may not be used to SCf\oe more than one single-family house
on the Benefited Parcel regardless of the future subdivi.,ion, aggregation or development of
the Benefited Parcel.
Grantor make. no warranties of any kind, express or implicd, to Grantee concerning the
condition of or title to the Easement Area, or the condition of the Improvements within the
Easement Arca.
Grantor reserves all rights to nse the Easement Area for any and all purposes not inconsi'ilent
with the Easement granted hereby; provided that such reserved rights shall be exercised in a
manner that does not interfere with Grantee'., exercise of the right. granted hereby.
J
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Grmtee shall, at its own cost, maintain the Improvements in good condition.
Grantee ,hall defend, indemnitY and hold Grantor and its successors and assigns harmless
fronl any and all liability, loss, damages, claims, demands, suits or expenses, including
rea..onable atton:K")S' fees, arising out of Grantee's exer<:ise of the rights granted herein, except
to the extent caused directly by the acts or omissions of the indemnified party.
Grantee hereby wai"es any and all claims of any nahITe whatsoever that it may now or ever
have against Grantor for dornages or losses of any kind arising tmm or relating to the grant of
this casement, the use of the ea>ement or the condition of the Easement Area.
This casement shall terminate upon the removal of the eU,e from Grantor's property, or the
destruction Or removal of Grantee's hOl15e. Grantee shall have no right to continue the
encroachment or re-build or restore the eave aller any removal of the eave overhang or any
destruction or removal of the Grantee's house. Grantee may not increase the eXlent of the
encroachment bey(}nd its current dimensions.
The rights and obligations of the parties hereunder shall inure to the henefit of and be binding upon
Iheir respective successors and a..signs.
(Signatures 011 Following Pages)
Grantor's Signature Page For Easement
,.
Dated Ihis ££ day of March, 2005.
GRANTOR:
CAMWEST WESTCI lESTER, LLC., Ii
W a~hington limited liability corporation
H,£~()6A~
Eric C bell: Pre dent
STATE OF WASHINGION )
) "".
COUNTY OF KING )
I certiry that I know or have satisfactory evidence that Eric Campbell is the person "ho
appeared before me and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute the instrument, and acknowledged it in his capacity as the President of
CamWest Westcbester, LLC., a Washington limited liability corpomtion, to be tbe free and volnntary
act of such entity for the uses and purposes mentioned in the instrument.
DATED this ~day of March, 2005.
Grantetl's Signature Page For Ea.erueat
Dated this 2J day of March, 2005.
GRANTEE:
STATE OF WASHfNGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Shirlene Day is the person who
appeared before me and said person acknowledged that she signed this instrument, on oath st.atcd that
she was authorized to execute the instrument, and acknowledged it to be her free and voluntary act for
the u"'s and purposes mentioned in the instrument.
OATEl} this ZJ ~ay of March, 2005.
('""~"'ii¢,J Residing at j2.fi{;;tyl,.,.,JDJ IA}A
My appointment expires: 2 ~2-S-Cli-
S'GNATcRE
Grantee's SignatuIT Pagt' For Easement
Dated thistl-day of March, 2005.
STATEOFWASHThIGTON )
) ss.
COUNTY OF KING )
I certifY that r know or have satisfactory evidence that Scott Day is the person who appeared
bcrore me and said person acknowledged that be signed this instrument, on oath stated that he was
authorized to execnte the instrument, and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in tbe in<tn.J.ment.
DATED tbis 21stay of March, 2005.
(PrintN~Mc2~SLAmJ
Residing at ~N D. wA
My appointment expires: .)-)5' -og
~1~NAruRE
EXIDBIT A, Dli;SCRIPTIO~ OF EASEMENT AREA
THAT PORTION OF TRACT 263, CD. HILLMAN'S LAKE WASHINGTON
GARDEN OF EDEN DIVISION NO.4, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KmG COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEST CORNER OF SAID TRACT 263; TIIENCE
NORTH 00°30'05" EAST ALONG THE EAST LINE TIIEREOF 158.25 FEET;
THENCE NORlH 89°20'36" EAST 50.82 FEET TO THE TRUE POINT OF
BEGINNING; 1HENCE CONTINUING NORTII 89°20'36" EAST 37.79 FEET;
THENCE NORTH 87°46'57" EAST 37.80 FEET TO A POINT WHICH BEARS
NORTH 00°39'24" WEST 1.03 FEE r FROM lHE TRUE POINT OF
BEGINNING; TIIENCE SOUTH 00"39'24" EAST 1.03 FEET TO TIIE TRUE
POINT OF BEGINNING.
,
"
-,-,
, ,
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;
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F,XIIIBIT B: DESCRIPTION OF BENEFITED PARCF.L
The north 60 feet of that portion of Tract 263, C.D. Hillman's Lake Washinb>wn
Garden of Eden Division No.4, according to the plat thereof recorded in Volwnc II
of Plats, page 82, in King County, Washington, described as follows:
Bcginning at the southeast comer of said tract;
thence north along the east line 158.5 fcct;
thence west on a line paraUel with the north and south lines of said tract, 127.5 fcct;
thence south on a line parallcl with the east line of said tract, 158.5 feet to the south
line thereof;
thence east 127.25 fect to point of beginning;
TOGETHER \VI1H the west 20 feet ofthc ea~t 127.25 fee! of the south 98.5 feet of
said Tnl< .. "I263.
•
Printed: ()4·04.2005
lTY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Utility Services Permit
RECEIPT
Permit#: U040182
Psyrnent Made: 061041200412:04 PM Receipt Number:
Total Payment. 155,007.76 Payee: CAM-WEST
Current Payment Mad& to the Following Items:
Trans Account Code Description AmOunt
----------------------------------------------------------------------
4028 000.343.20.00.0000 Public Works Inspection 3,734.51
4033 401.343.90.00.0003 Stormwater Inap Approval 3.490.19
4040 421.388.10.00.0020 Spec util Connect Sewer 30,600.00
4042 401.343.S0.00.0002 Sewer Inspection ","pprovl 1,814.91
4045 42l.388.10.00.0031 Spec Asemt Dist, Se'~er 37,942.66
4050 000.322.40.00.0000 Right-of-way Constructn 60.00
4056 421.388.10.00.0010 Spec util Connect Water 5D,325.00
4057 401.J43.S0.00.0001 Water Inspection Approvl 1,640 .H
4059 401.388.10.00.0013 Misc. Water Installation 1,905 '" 406S 42l.388.l0.00.0040 Spec util Connect Stormw 23,S~5 .00
Payments made lor this ra.::eipt
Trans Method Description Amount
Payment Other 155,007.76
Account Balances
Trans Account Code Description Balance Due
------------------------
4028 000.343.20.00.0000 Public works Inspection .00
4033 401.343 .~0.OO.OO03 Stormwater lnsp Approval .00
4040 421.388. lO.00.0020 Spec Util Connect Sewer .00
4042 401.343. ~0.OO.0002 Sewer Inspection Approvl .00
4044 401.3:12. 10.00. 0015 Sewer Permit .00
4045 421. 3a8. 10.00 .0031 Spec Aasmt Diat. Sewer .00
4050 000 . In .40 . 00 .0000 R'ght-ot-way constructn .00
4056 m .3a8. '" 00 .0010 Spec util Connect Water .00
4057 '"' .343. '" 00 .0001 Wate~ ,nspection Approvl .00
405~ '"' .388. '" .00 .0013 Misc. Water Installation .00
4061 401.322.10.00.0020 Storm Water Permits .00
406~ 421.388. 10.00.0040 Spec util Connect Stormw .00
5025 000.322.10.00.0017 Street Lighting Fee .00
Remaining Balance Due: $0.00
R0402966
Prmred: 04-01-2005
Payment Made'
lTV OF RENTON
10555. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA03·044
03123/200502:21 PM Receipt Number: R0501483
T olal Payment: 57,304.83 Payee: CAM WEST WESTCHESTER LLC
Current Payment Made to the Following Items:
Trans Account Code Description
3021 303.000.00_345.85 Park Mitiga~ion Fee
5045 304.000.00.345.85 Fire Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
Payments made for this receIpt
Trans Method Description
Payment Check #1756
Account Balances
Trans Account Code Description
3021 303.000.00.345.85 park Mitigation Pee
5006 000.345.81.00.0002 Annexation Fees
5007 000.345.B1.00.0003 Appeals/Waivers
500a 000.345.81.00.0004 Binding site/Short Plat
500~ 000.345.81.00.0006 Conditional Use Fe~6
5010 000.345.9l.00.0007 Environm~ntal Review
5011 000.345.81.00.0008 Prelim/Tentative Plat
5012 000.345.81.00.0009 Pinal Plat
5013 000.345.91.00.0010 PUD
5014 000.345.81.00.0011 Grading & Filling F~es
SOlS 000.345.81.00.0012 Lot Line Adjustment
5016 000.34S.81.00.0013 Mobile Hom~ parks
5017 000.345.81.00.0014 Rezone
5018 000.345.81.00.0015 Routine Vegetation Mgmt
501~ 000.345.91.00.0016 Shoreline Subat D~v
5020 000.345.81.00.0017 Site Plan Approval
5021 000.345.91.00.0018 Temp Use or F~nce Review
5022 DOO.345.81.00.0019 Variance Fees
5023 0
5024 000.345.9t.OO.0024
5036 000.345.81.00.0005
5045 304.000.00.345.85
5050 305,000.00.344.85
5~0~ 000.341.60.00.0024
5941 000.341.50.00.0000
5954 604.237.00.00.0000
5~55 000.05.519.9Q.42.1
5998 000.231.70.00.0000
Conditional Approval Fee
Compreh~nsive Plan Amend
Fire Mitigation-SFR
Traffic Mitigation Fee
Bookl~ts/EIS/Copie5
Maps (Taxable)
Special Deposits
postage
,",
Amoun~
57,304.83
Amount
17.515.08
16,104.00
23,665.75
Balance Due
00
.00
.'0
00
.00
.00
.00
00
00
.00
00
00
.00
.00
.00
.00
.00
.00
.00
.00
.00
"0
.00
00
.00
.00
.00
.'0
. ":-
~Fte CITY OF RENTON
Public Works Deferral
DeferralNumber: DEF05-005
Deferred Items Description: DEFERRAL REQUEST FOR 2ND LIFf OF ASPHALT; HALF STREET GRIND
AND OVERLAY OF NE 20TH AND STREET MONUMENTS.
Job Address:
1832 -NE 20th Street
aw,,~
CAMWEST HERITAGE L L C
9720 NE 120TH PL STE #100
KJRKLANDWA 98034
Deferred Items:
2nd Lift
Monument.
SI.eel Lights
Sidewalks
Co,t E.lilIUlte:
52500
" " "
Other Infonnation:
Applicant:
Other Deferred It.",,:
Project Information:
Coil EsIlIIUII.:
" " " "
Date oflssue 0312412005
0511612006
JANILUAN
Project Name: UERIT AGE GLEN
Date of Expiration
Plan Reviewer
33439f1-1924
33439f1-2720
33439f1-2721
Reviewer Phone #:
x
Applicant
DEFERRALOI 2lU5 bh
Socurity Holckr:
Parcel Number: 33439il-2360
This Deferral is granted for a specified amount of time.
This is not a permit to complete the work at a later date.
A separate permit wiD be required for completion of the listed items.
Pub . om Rep ==
March 16, 200S
Sara Slatten
Cam West Development, Inc.
9nONE 120" Place, #100
Kirkland, WA 98034
SUBJECT: OFF-SITE DEFERRAL
CITY, .' RENTON
Board OfPllblic Works
HERITAGE GLEN (WESTCHESTER KENNYDALEj PLAT, LUA 04,147
1832, 1,}()8, 1930,2008 NE 20Tll STREET
RENTON, WA
Dear Ms. Slatten:
The Board of Public Works met on March 16,2005 to review your application for a deferral of
the final lift of asphalt and installation of street monuments. A discussion was held, at which
time the Board added that the Y" street overlay and 2"' lift of pavement be added to the deferral.
This deferral was theD approved until May 16'" of2oo6, subject to the following conditions:
!. Sufficient temporary drainage measures are provided until the tinal life is installed.
2. A Licensed Surveyor states in a letter that all monuments will be instailed prior to the
release of the defelTllL
3. A securily device acceptable to the Board to cover the deferred items be in place at
150% of the cost of the deferred improvement" which is $78,750,00.
Please find the enclosed security device, fill out and return in the provided envelope.
As per Ordinance 4521, Section 4-34-14, you have filteen (IS) days from today's date to appeal
the Board's decision. Appeals are to be filed in writing, with tl,e City Clerk and require a filing
feeof$75.00.
You may call Juliana Fries, Board Coordinator, at (425) 430-7278 if you have any questions or
need additional infonnation,
Sincerely,
t~ V\01'CW"'"
Crystal McMeans
Recording Secretary
ce, Neil Watts, Chainnan
Juliana Fries. Coordinator
Gregg Zimmcnnan. PfB/PW Administrator
Jan lilian, Plan Review
~LUAFtLE04·t47 I -~ -----~c,""","',OO"C,'"'G>,,~''',CW'''",C-CR',C"C'"c."C_"w",.~>"C,;",~,O""",","",<,,------R E N TON * "'" """" __ '0'."',, '""",'0000,'"",0' 30'< po~ron".'", AHUD OF THE CUAV£
CAMWEST
O ... CO"".N' '""
March 9, 3005
Jan llEan
Renton City HaJI
1055 South Grady Way
Renton, WA 98055
RE: Heritage Glen -Westchester
Final Plat Resubmittal
Dear Jan,
,
A few of the final plat notes On page 2 have been Illllended at the request of the
property owners who will retain 10125, Chuck & Lenom Gibson. Note #25 has
been added to page 2 and exc1ude~ 101 25 from the non-applicable easements and
iridusion into the Westchester HOA. If yon could get these in front of property
services, we'll await anLcommcnts that they have,
Also, enclosed are the following:
1) One (l) copy of the asbuilts: They have been amended to show the
offsite water along NE 20'" and to note "utilities" in lieu ofjw.i "storm"
on the review block on page one.
2) One copy of the signed and notarized Bill of Sale.
3) CCR's: They are now signed and should be ready for recording.
Please let us \mow if you'd like us to nx:ord them. .
4) Five (5) copies of the revised final plat with the added note #25 on page
2 highlighted.
5) Five (5) cOpies of supplemenl #3 and #4 to the litle report.
6) Fees required for final plat approval. i.e. impact fees & cowier fee of
$15.73 .
Please call me at (425) 825-1955 with any questions or ifyoll need anything
additional.
Sincerely,
~VWv·
Sara Slatten
Cam West Development, Inc.
enclosures
:CAM,WEST
O,V<CO·Me", ,,<
February 23, 3005
Jan IlIian
Renton City Hall
1055 South Grady Way
Renton, WA 98055
RE: HentageGlen-Westchester
Final Plat Resubmittal
Dear Jan,
Enclosed is the fmal plat resubmittal for the Westchester Kennydale plat, formerly
Heritage Glen. Below are the list of comments previously issued by property
services and Jennifer Henning, planning in response their review. A response below
each comment is provided.
Commenfll from Jan IUian. dated January 4, 2005
\) The dimension noted for the west linc of WI 33 (sheet 4 0(5) is in-erroT.
Response: The dimension has been co"rreded. -
2) The inde);ing information noted (top of each drawing sheet) is incorrect.
Response: The indexing information bas been corrected.-
3) Address encroachment issue with the' offsitc home lying southerly ofLor26.
Response: We are currently in the process of drafting an easement for
, the property owner, soutb of lot 26, to grant a perpetu81 easement for
tbi overhang. Once signed and recorded, a eopy wiu be forwarded to
you for review.
J) Note on lOIs 4 and 5 (sheet 4 of5) that the private eaSement shown thereon is
26' in width. The existing reference to said 26' width on Lot 3 is confusing
since the width oftJ:te 5' sanitary sewer is noted nearby.
,Response: The Dotes bave been shifted to dearing differentil.te between
the 26' aceess easement and the 5'.utility easement.
5) Note the City of Renton land use action nurnber land record number. LUA·
'04·147·FP and LND·lO·04lO, respectively, on the drawing sheels in the
. spaces already provided. Remove the number currently shown for the LUA
number (LUA-03-044, PP, ECFj. lbis nurnixlr was valid only for the PP
submittal.
,
·O\M,WEST
"V"~'M"" ,,0
Response: The noted LUA Dumber is shown in tbe upper right band
corner ofthe plat drawings.
6) Complete City of Renton Monwnent Cards, with reference points of all new
right-of·way monuments set as part nfthe plat.
Response: The monument cards are proposed for deferral until after
the final lift is installed and after the ll:<.'urded olthe Cmal pl,t. The
requed Willi submitted the public works committee earlier this month.
7) "LJ" as noted on the "LINE TABLE" block on sheet 5 of 5, should be
parallel with the centerline of the street (Aberdeen Ave NE).
Response: Ll is paraDel with the centerline of Aberdeen Ave NF~
8) "L41","IA4" and "lAS" are missing from the "LINE TABLE" block on
Sheet 3 of5.
Response: L41, L44 and lAS are shown on the line tabk.
9) "L20~ is incorrect as shown on wI 35.
Response: Corrected
IO)Missing utility dimensions on Lot 20 and 33.
RespolL'le: The utility dimensions are now shown.
II) Access casements for wi 8 and II are defined as 10 feet in width. butdrawn
all5 feet in width. 2o'feet required.
Response: The access casements ,!rc now shown to be 20 feet as
required.
12) Curve radius noted for "C22" in the curve table on sheet 4 or5 is incorrect.
Revise. ' -
Response: Curve radius hll!l heen revised.
13) East line ofiOl20 appears to have two bearings -review.
Response: Corrected
14) Plat addresses noted.
15)KC assessor docs not sign under the finance division cert.
revise as needed. .
Remove and
Response: Revised
16)Ccrtain lot lines do not close. Refer to lots I, 24, 26, and 31.
Response: The above lot linell now close.
,
·(AMWEST
on .. ""","' '"'
17) The subject property falls w/in Zooo2 of the City of Renton Aquifer
Protection area. Therefore, the APA notice needs to be noted on the plat.
See attachment. -,
Response: The aquifer protection note has been added to sheet 3 O(S.
18)The private access and utility easements (over Lots 3, 4, 7, 9, 10, 12, 19 and
27) require a 'NEW PRIVATE EASMENT FOR rNGRESS, EGRESS &
UllLITIES MAINTENANCE AGREEMENT' statement to be noted on the
plat drawing. See attachment.
Response: The above mentioned private easement language has been
added to shet:1 2 0(5 and is located directly above the CCR language on -
the left side.
19)The plat submittal does not stale who is to own, or what is the purpose of,
Tract A. Note the listed condition on the plat.
Response: Tract A is to he owned by the HOA IIDd is now spcdficd on
note 17, page 2 ofS.
20) Do not need to note, under item 5, CCR's OIl the plat drawing. All required
fees will be paid to the city prior \0 final plat.
Response: Noted
21) Provide more information about the "Parcels" noted under item No. 17 of
the "GENERAL NOTES" block on Sheet 2 of5. Said parcels should be
identified as "King County TaxAccount" parcels. It is stated in said Item
No 17 that thc ROWand utility e(lSement is granted to the referenced
parcels. Clarify if the easement rights are conveyed, or is the entire
ownership of the parcel conveyed?
RespoIllle: Please refer to Dotes 16 and 17 on page two of the final plat,
Notc 18 is incorrectly noted on page 5 of the plat and will be corrected
for the fmal mylar set.
22) "Ihe IS' stonn easemcnt is noted twicc for lot I and incorrectly references
ltern No. 15 under notes on sheet 2 of 5 -relates to NGPA easemcnt.
Response: Corrected
23)Item No. 12 and No. 16 under NOTES both ref the same public sewer
easement. Sheet 4 of5 make no mention ofsaid Item No. 16, which is
apparently redlUulant.
Response: Corrected
24)Inc\ude alcgal description on Exhibit A of the CCR's document.
, '
· CAM ,WEST
"""O'.'N! 'NO
Response: The legals have boon added to tbe CCR's lIud are almost
finalized. A signc<fcopy wiD be submitted to you early next week once
completed.
25)An updated Plat Certificate needs to be submitted (Dated within 4S day time
peri'od prior to Council' approval on the subject pInt. Said certificate is to
provide you with proof of ownership when said Council action is taken.
Response: An updated plat certificate has heen ordered lind will be
submitted prior to final approval.
26) A second tie to the City of Renton Smvey Control Network is needed. MOD
#334 is II benchmark
Response: Noted
Comments "from Jennifer Henning. dated January 12. 2005
\) Existing buildings have heen demolished (8040293, 804294, 804295), and
fmal inspections have been conducted.
Response: Noted
2) Homeowner's Association draft documents are included with applicJltion for-
final plat. Homeowner's Association must be established prior to recording
-of plat.
Response: The final,CCR's are atta~bed as well as the articles
incorporating tbe Westchester Kennydale HOA.
3) Signs are required to be installed prior to recording including: private street
signs, addresses for homes on private streets, and no parking signs.
Applicant can provide digital photo image as proof of installation.
Response: Signs have been installed. Pidures docnmenting installation
. will be submitted ned week.
4) An access easement is required to the drainage tract.
Response: Please refer to the easement provisions & covenants on page
2 of S., Easement and ownership provision.s are listed for the BOA while
granting future ac~ess to the ~ity.
5) Applicant must provide proof that the southern encroachment will not
impa<::t the preliminary plat.
Response: CamWest is entering into an easement agreement with the
cn~roaching propcrty owner to allow for the continued W1e.
, ..
· . ·CAM·WEST
0""0'"<", ,"c
6) Mailbox plans and no parking signage details should be provided unless
previously submitted and approved per construction ctfawings.
Response: Mailboxes & the adjacent DO parking sign are scheduled to
go in for installation witbin the next week. The mailbox location will be
as approved by the post office. Once installation U! complete II picture
will be taken to ,verify and submitted.
7) Wetland buffer has been modified to be less rectangular.
Response: The eUJ'Vlllinillar.wetIIlDd buO'er boundary is shown On the
codosed final plat and was previously approved in concept by Jason
Jordan.
8) Provide mechanism for wetland recharge.
Response: Please refer to note II of the rmal plat on page 2. _
9) InstalJ"split mil fence along edge of wetland buffer.
ReSponse: Split rail fencing along the wetland buffer hilS bct"D installed.
10) Mitigation fees must be puid. (FirelParksffmnsportation).
Response: Mitigation fees.will be paid prior!o approvaL
II)Revisc the access easement for lots 8 and 11 to be at leasl20 feel in width,
not the 10 feet shown.
Response: Please refer to the cOrrected access easements to lots Sand
II.
12) Revisions may be needed for Lot 10, which is shown as having 4536 sqUllfe
fect of area. The minimwn lot size pennitted is 4500 square feet, exclusive
of the area that is less than 80% of the required front yard width, or 40 feet
in width. CI7 shows that the width is 39 feet: We suggest that the applicant
adjust the lot lines between Lots 10 and II such that the length orC!7 is
increased to at least 40 feet.
Response: Line segment C17 has been modjfied to 40 feel.
13) Revisions are also needed for lot 22. Lots on turning circle of a cul-de-sac
must be alleast 35 feet in width. C8 is 17.72 feet wide. The applicant could
increase to at least 20 feet, then the lot would be considered a "pipestem",
hoWever, thc pipestem area could not be used in the lot calculation, and
setbacks would be measIired from the pipestem. Altemat.ively, Lots 19, 20,
and 21 could be reconfigured, such that lot lines for Lot 21 and 22 extend to
the west across the easement. See attached drawing.
Response: Lot lines for 21 and 22 extend west through the easement.
Please refer to the enclosed plat for reference.
· .
·CAMWEST
O<V"O""'"' '"C
14) Unless changed as noted above, the lot dimensions for Lot 19 should be
revised to delete the area of the private access easement/pipestem.
Response: Dimensions for lot 19 have been retonfigured to delete the
pipestem.
15) The depth of Lot 28 must be increased to at least 65 feet in order 10 have a
front yard on NE 21" Street. The address table shows that the intent is to
have Lot 28 addressed off of this street.
Response: Depth o()ot 28 bas been revised to ,65 feet.
16)The private street I access easement serving lots 1-4 is required to be a
minimum of26 feet in width with 20 fect of paving. 11 appears that C24 at
tho' intersection with NE 21" Street is 24.95 foct wide.
Response: Segment C24 is revised to 26 feet.
Enclosed are the following documents for review:
1) Five (5) copies of tho revised plat, dated 2117/05.
2) Five (5) copies of the revised lot closure calculations for lots:
19,21 and 22.
10,11,12,
I hope this adequately addresses each oftbe comments that have come up. Please
call me with any questions or if you need any additional information.
Cam West Development, Inc.
enc\oslircs
..
,
.. ,
I~~' CITY ~ .' RENTON·
Office of the City Attorney
L."nnceJ. Warren K.!hv Koolker·Wheel .. ; Mayor
Assistant CIty Attorney.
To:
From:
Dde:
•
MEMORANDUM
Jan lilian, PBPW .
Lawrence J. Warren, City Attorney
Jimuary 20, 2005
Subject:
•
. Westchester Kennydale AKA:' Heritage Glen LUA 03·044 FP
Declaration of Covenants, Conditions and Restrictions
. '-'
Section 13.1 should end with Ii sentence that state~: " • . . !'
.~ -.
No amendment to these cOvenants' shall be· effi:ctive' concerning
maintenance of the private street, storm water fucility or common utilities
wilhout the prior writien consenl of the City of Renton. . -. ' -, . . .
.• , • I '
Otherwise; the covenant is approved as to legal form. . ,
·1 ' •
• . O;M'
",-: L~~ence J: Warren
UW:lmj • cc:· Jay Covington '.
•
Gregg A. Zimmerman; PE
Kayren Kittrick . -, ' -
, ,
.' '~-,
MukBorber
Z.ne!!a L;Fonte •
AnB S. Ni.l.ee
Sash P. Ale,,!
Wbltney A. Faulkner
~,c"."Co'm~ •• ".,~o"'oc,c'~-.",c,.",co'""wc,.,c ... "."'o'""'O,~";".c,.(,.,c.· ,c~'·~"C;C'C"""""'A"'XC,,~,o;c)c,,~;c.;c.c.".-~.-. , ~ * Th""","'~~'~5O%;"""' •• ;m""'~I,,,,,,,,,,,,";"~_ •. .' .-,
'"UD 0" TIlE cu.n
•
CUy of , ;n Department of Plonning I Building I Publ. r1<s
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIE\JVING DEPARTMENT: V18V\ 12'e.N~,..J COMMENTS DUE, DECEMBER 15, 2004
APPLICATION NO: LUA04-147, FP DATE CIRCULATED: DECEMBER 1. 2004
0'"0 '-C' M""O-" ,~~ "','_ R 0 CV
.. ""'TO" APPLICANT: SaraSlalten GamwestHenta e,LLC ..-" "" , "'''' C "a"., L.; ':111
-"£',o'"",C"",""""'" ""'"''"'''',O'''.'"1'''"''''£'''''' _______ -i"''','''''''''"''''W",.~",.,","'if€"",,.,",",,",,-__ .La~ """'''' ___ _
SITE AREA: 282,269 BUILDING AREA loross): ' LUll'!
LOCATION' N of NE 20th between Jones & Aberdoon I WORK ORDER NO: 77350 --.i.'tO,'NG 01'/,'0;,'011
SUMMARY OF PROPOSAL. Final Plat tn subdivLde ,nto 37 Smgle-Fam;ly residential homo. Pial Ineludes ins lallation 01 watermaln.
sewer main, storm drainage, vault, sidewalks, street lighting and paving.
A. ENVIRONMENTAL IMPACT I".g. Non·Code) COMMENTS
P",boW.
Minor 1m,.., ..
B. POLICY-RELATED COMMENTS
C. CODE·RELA TED COMMENTS
E"'menl "''''. En"",nm,n/
'"
We h.I'<! ",_1m, IlPplrcatrrn WJth pa~iC"18f allen),an 10 thDse B"'BS ,n w",e" we ~ave .<pa~Jse ond have idonlJfled area, or p",Wbie ImpaCI O(
."'.s whore oddll""'81 IniofmallOO " Med.d 10 propori'y Bssess Ih!, proposal,
819"010"' of DI,oc'or or Aulhonzod Represent."ve Date
•
Clry of R~. "Departmenl of Planning / Bwldlllg / PulJilc ,,_ "S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT,
"
SUMMARY OF PROPOSAL: Final sewer main. storm drainage, vault,
A ENVIRONMENTAL IMPACT (e.g. Non.Code) COMMENTS
fl ... ."t 0''''' ~nvl"'nm.",
B. POLlCY·RELATED COMMENTS
C. CODE·RELA TED COMMENTS
puvrJe
fMV>Ji-
fiZ{}v!)e
EI<m,o' 01 ,h. Eo'''""m,n,
s'~J--. IV~ "5"15 (IIO<.Je..
/1 Nt) Pt<fl-k~ il ::S!tJNO<-J"--()w (-""/1ft->4 tU'~~
s~-c-J2!I/-~ cr 'N '" II t..(J)' ~A-s;
Wo Ila"" "''''' .... d tIl« appltca_ wrlh partIcular atlenlion 10 Illose a""" I~ wol<o wo h."" .<porlJso ond ha", idenlJfled areas of probable ,mpacl or
.,. •• who,. .ddnlOfl.Unformation is nooded I properly a"es; I . pf(Jposal. J V /-z.. It! f/
Slgoa'ure 0/ DI<oclOr or Au1llonred Representa"" D.'e I I
·
December 01. 2004
Sara Slatten
. CamWest Heritage, LlC
9720 NE 120th PL
Kirkland, WA 98034
Subject: Heritage Glen Final Pia!
LUA04-147, FP
Dear Ms. Slatten:
CITY~F RENTON
PlanningIBuildinglPublicWoruDepartment
Grea: Zim,m.rm_o P.E~AdllilidSI .... tQr
The Development Planning Section of the City of Renton has determined that the
subject application is complete according to submittal requirements and, therefore, Is
accepted for review.
You Will be notl/ied if any additional information is required to continue processing your
application_ '
Please contact me at 425-430-7216 If you have any questions:
Sincerely,
. (k;~'
,~n ;lli~n
Project Planner
-----------,'oO,<-,C,".C,""G'mOOC,uW=.,".C"CO.O"O.'W •• =h"'O",O"O"c;"'OO<-",-----------~ * Tho.,,,,,.,,,,,",,,,",,,,,," _...-~ "'%_"'""""'" AIl.AD 0" THE C~'VE
INV,-. ...:E 05921
09111/2004
1901
600.00
10{2212004
AMOUNT PI\ID' __________ _
'"""'" OIW'S PA V ABLE TO THE "'TV "" RENT<»<
"""" '" "'" """ O£M'>< WtH< V<;." ",.m .. "
Inspector Overtime Charg~$ DB Heritage Glen Plat
For Inspector
Number 01 Hours B
Billing lor 8/21/04
Amount 400,00
Inspector Overtime Charges DS Heritage Glen Plat
For InspeGtor
Numberof Hours 8
Billing for 8/28104
Amount 400,00
1901
PIo,se Remit to-CITY OF RENTON
1055 S. GRADY WAY
RENTON, WA 98055
Tot.1 Amount Duo.
PAYA"~E; UPON RE;CElpT
400.00
600.00
800.00
• •
''';.
•
B CITY OF RENTON . 10555_03F
°iR RENTON, w" 00 • • • 1425) 430-&897 INVOICE 00241 ,,-10 "N
HSCDAni' "', 11/17120t)4
'0, Yo COPy , -'" "" """ "" C~CS°uNT~ 1901
lIr '''10 '''MIT DUE''>' 400.00 I'fnfJliof) ,,-,~ ," -, -' ~
, !)UE,O~TE:} 12/22/2004 CAM WEST DEVELOPMENT .
JOHN DAVISON
9720 NE 120TH PL
KIRKLAND, WA 98034 AMOUNT PAID
"""" ,,".OKS PAYABLE TO THE OIlY OF "ENTON
~."" CO, "",,.., ",,~" WI,,"'OJ> ","ITm"
CITY OF RENTON
• >I' --;.. .~' '" '" », ""-"'" .". ".'> "~',,,,--,., "'-,» ,:,' .• ', D~I"ftO!-l«'"»>\_';'" """ '"'."",,,,,",.;:',,, ,"', oe_ -0 .:, ,----, "'-";,, ~ , ,;,AMOUNT .
Inspector Ove~ima Charges DS 4()000
Harnage Glen Plat
For Inspector ...
Number of Hours " Billing for September 18
Amount 400.00
Total Amount Oua 40000
L ~
OoJ ~Jfl 1fLh , ,
I
C-
. .
ACCOUNT NO 1901 PAYABLE UPON RECEIPT 40000
PI.a,~ Remll to; CITY OF RENTON
1055 S GRADY WAY
RENTON, WA 98055
•
· .
DEVELOPMENT PLANNING CITY OF RENTON
April 15, 2004
NOV 1\ 100\
RECEIVED
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION
APPLICANT:
LOCATION:
SUMMARY OF REQUEST
SUMMARY OF ACTION:
DEVELOPMENT SERVICES REPORT:
PUBLIC HEARING:
Sara Slatten
Camwest Development
9720NE 120~ Place, S/e.l00
Kirkland, W A 98034
Heritage Glen Preliminary Pial
File No.: LUA-03·044, PP, ECF
1832 -1008 NE 20'" Street
Subdivide an approximately 6.38 acre site into 37 lots suitable
for detached, smgle family hous.,,;.
Development Services Recommendation: Approve with
conditions.
The Development Services Report was received by the
Examiner On March )6,2004.
After reviewing the Development Services Report, examining
available information On file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
Thefollowing minutes are a summary of the March 30, 2004 hearing.
The legal record is reco,ded On CD.
The hearing opened on Tuesday, March 30, 2004, at 9:01 a.m. in the Council Chambers on the seventh floor of
the Renton City Hall. Parties wishing to testifY were affinned by the Examiner.
'Ibe following exhibits Were entered into the record:
ElbibitNo. I: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Prelimmary Plat Plan Exhibit No.4: Boundary & Topographic Survey
Exhibit No.5: Tree CuttingILand Clearing Plan Exhibit No.6: Preliminary Grading and Utility Plan
Exhibit No.7: Zoning Map (shows GordJey
property)
I<:xhibit No.8: Camwest presentation
HeriJage Glen Preliminary Plat
Flle No_: LUA·03·044. pr, ECF
April IS, 2004
Page 2
1he hearing oren~d with a presentation orthe ":~;::~,;i:,~~;;
Services, Cily of Renton, 1055 S Gnrly Way. ~ent011, . TIle project i ofNE
20" Street and west of Aberdeen Avenue NE. TIlere are four separate tax parcels with four separate property
oW!]ers, Timothy Chamberlin, Vivian Weigel, Charles & Lenora Gibson, and Michael & leanni Blonski_
TIle applicant has requested an Environmental Review and Preliminary Plat Approval for a 37_10t subdivision of
a 6.38-acre site within the Residential-g (R-8) zoning designation. Access to the site is proposed via NE 20'"
Street_ hom NE 20" Street applicant proposes a 42·foot public right_of_way that travels north and then "T's"
out and terminates in two cul-de-sacs_ The majority of the lots in the plat would gain access off of the new
right-of-way, Road A, which has not been ~amed yet. Propo,ed Lot 25 would gain its access from NE 20"
Street_
TIle site also contains a small portion of a Category 2 Wetland Buffer, localed near the southwestern comer of
the property_ The edge of the wetland is located off_site and requires a 50-foot buffer. The buffer does extend
into lots 2 and 3 oflhe proposed plat_ The applicant is regue,ting to do buffer averaging so that they Can
accommodate the full building pads for proposed lots 2 and 3. Lots 2 and 3 will have a rear yard, the lots are 60
x 126 feet.
TIle Environmental Review Committee (ERC) has issued a Detenninatio~ of Non_Significance ~ Mitigated
(DNS·M) for the project. The DNS-M included 6 mitigation measures_ No .ppeals were filed. Two ofthe
measures were for erosion control, one for the wetland fence and signage, and lhe three standard Parks, Fire and
Traffic mitigation fees.
The subject site is designated Residential Single Family (RSF) On the City's Comprehenslve Land Use Map_
TIle RSF designation is intended to promote and enhance single-familY neighborhoods_ The proposal is
consistent with the RSF designation in that is would allow for future construction of new single-family homes
thereby promoting the goals of infill development.
The net development would be 7.06 dwelling units per acre, which is within the five to eight range required in
the ZOne. The proposal is for 371015 therefore, it would create 32 new additional lots withi~ the City. There is
an existing residence straddling lots I and 2, another existing residence on lot 3, an existing residence and
garage on lots 26 and 27, and the existing residence on lot 25 i, proposed to remain.
AU proposed lots are within the size range prescribed within the R-8 zone and exceed all width and depth
requirements_ II also meets all front, side and rear yard selback requirements_ Because there are existing
residences that are proposed to b<: removed but do not meet the setback requirements staff is recommending as a
condition of prelim inary plat approval that the applicant be required to have all the structures located within the
project boundaries, not On lot 25, removed prior to final plat approval.
Building standards in the R-8 zone pennit one single_family residential structure on each lot and one accessory
building of 1000 square feet or two accessory buildings of720 square feet each_ TIle applicant is not proposing
any construction at this lime a~d the development standards wilT be reviewed at the time of building pennit.
Building height in the R-8 zone islimi(ed to two stories and 30 feet for primary structures and 15 feet for
detached structures.
The Examiner inquired regarding Lot 25 and rho large Size, that it could b<: subdivided at SOme time and where
would the access !lllhose .dditionallols come from? Mr. Jordan stalrod that the prOp<'rty owner was very
specific in his desires to keep a large parcel for himself The IS-foot easement would nO! be wide enough and
Heritage Glen Prelim1nary Plat
File No.: LUA-03-044. PP, ECF
April 15, 2004
Page 3
so some access would have to he taken off the cul-de-sac through an easement on neighboring property if they
were ever to subdivide.
Staff recommends the establishment of a homeO""l1er's association Or maintenance agreement for any private
streets as a condilion of approval. Staff .lso recommends a project condition requiring the applicant to install
private road signs al the entrances of the private drives so emergency vehicles know what addresses are being
served by the private drive.
The proposed subdivision is e~pected to generate additional traffic, most oflhe lOIS would have direct access off
oflhe new "Streel A". Proposed lots I through 4 would take access offa private drive that would conneclto the
new roadway. Lots 19,20 and 21 would take access to the new roadway at the cul-de-sac via a pipestem over
Lot 19. Lot 25 will access directly onto NE 20~ Street. Lot 26 will take access via a private drive over Lot 27
through the cul-de-sac. The applicant will be required to provide curb, gutter and sidewalk irllprovem~nts along
the subject site's property frontage. Street lighting will be required al(lhg new "Street A" and adjacent to NE
20'1> Street. Staff recommends the establishment of a Homeo""l1m; Association or Maintenance Agreement for
all private streets or drives within the plat. As part ofthe environmental review for this project the ERC
required park, fire and traffic mitigation fees.
The topography of the site is chrocterized by having little slope. The appl ieant did submit a geotechnical report
which concluded that the property was suit.ble for the proposed development. The majority of the existing
vegetation Oil the property wonld be cleared in order to locate the proposed utilities, con5truction, roadways and
prepare the site for residential building pads.
For erosion control the property is subject to the 200100E manual and for stormwater the project is subject to
the 1990 King COllnty manual.
Police and fire prevention staff have indicated that resources exist to furnish services to the development subject
to the applicant paying the code required improvements and the SEPA mitigation fees. Credit was given for the
four existing residences.
The proposal does not provide on_site recreation, therefore, the CIty's ERC required the applicant pay a parks
mitigation fee, with credit given for the existing four residences.
The Renton School District has also indicated that they have sufficient reSOurCes to accommodate the neW
students generated by this proposal.
Storrnwater is subject to the 1990 King County Manual, the project would be required 10 provide water quality
and detention. As such, the applicant has proposed over Lots 1 and 2 a water quality detention vault to
accommodate the stormwaler runoff generated from the proposal. Staffis recommending a condition of
preliminary plat approval requiring the applicant to provide the City with an easement to that detention facility.
There IS an existing six-inch water main In NE 20~ Street and an eight-inch water main in Aberdeen that WQuld
serve the site. The applicant is re<juired to provide and construct an eight-inch loop water mJin system offNE
20'" to serve the lots and pay the water system development fee5. There is an eight-inch sewer main fronting the
property on NE 20" Street that will be sufficient to serve the plat along with the SeWer system development
charge.
----'
Heritage Gkn PrellJnin.ry Plat
File No.: LUA-03-044, PP, ECF
April 15,2004
hge4
Staff recommends approval of the Heritage Glen Preliminary Plat subject to conditions.
Sara Slatten, Camwest Development, 9720 NE 120" Place, Suite 100, Kirkland, WA 98034. A copy of her
presentation was entered as Exhibit 8. It was pointed om that they have read ~"ough the DNS and the staff
report do not have any objections, atlhis time, to the conditions that are set forth. There is One clarification with
respect to the staff report, on Sheet C 5.0, in the clearing plan, On Lot 25, the large lot to the southeast, on the
north third is a clearing limit line which is labeled incorrectly. That clearing limit line should actually be located
just north along the joint property I ine to Lot 23.
Regarding the access agreements, in those situations where there is a private access or util ity, which benefits
two to four lOIS, typically prior to final plat an access and maintenance agreement is drafted and recorded against
the s~cific lots involved. Additionally, that is made a part of the plat condition which serves as two notices for
future property Ov.ners.
Ms. Slatten then proceeded to give a brief overview of the type of homes, streets, sidewalks and landscaping that
are expected to be built on this site.
The Examiner noted for the record that it is usually for sit" plans that specific profiles are discussed, anything
presented today is not binding on Cam west Or lh~ Cily. Neighbors who may be interested in the project should
know that whatever you show is truly illustrative and does nOi guarantee anything.
OpPosition 10 proposal:
Christian Denzler, 1800 NE 20" Slreet, Renton 98056. His residence is the lowest residence closest to the
Kennyda1e Creek level. The retention pond in Lots 1 and 2, with a 400-foot drainage pipe along 20'" Street that
dumps into Kennydale Creek. There is a portion ofa Categm,), 2 wetlands by that and so the stre.m gets
obstructed which regulates stonnwater events further downstream, but can back it up further npstream. There
are a number of existing cross drains that run from his yard to the stream. He has a concern that the detention
pond will nOl slow anything down, but will seriously' impact hi, lot and everyone else downstream as well.
Loralee Gordley, 2010 Jones Avenue NE, Renton 98056. She is a neighbor on the Kennydale Creek which runs
through her pro~rty. Where Ihe water is going to be entering the Creek is the border of her property. Any
excessive ",ins cause flooding throughout the area. Any addllionaJ water into this Creek from the detention
pond will raise it further. When the sewer line was recently installed through her pmperty, it seems thal they
could also pipe a sewer drainage through that utility easement out dOWIIstrearn where it is not floodmg the
property.
Deana Naibert, 2111 Aberdeen Place NE, Renton 98056 stated that she was concerned over the extensive tree
cutting proposed. The trees that are proposed to be cut help eliminate noise and air pollution to her property.
With the clear cUI that is proposed will cause the existing property values to be negatively effected. In the
development where she Ij"es, there are only approximately 7 evergreen trees, not every home has a tree jn ~leir
yard. She would like to propose that some of the existing trees be left, a certain percentage Or that perhaps
evergreen trees could be planted in the new development
Rick Gordley, 2010 Jones Avenue NE, Rent[)n 98056 added that the water runoff into the wetland area "ill be
completely taken away ifall the stonnwaler is running into the Creek, if that happens will (hat still remain a
wetland? The wetland could actually be transferred from its curremlocation 10 an area that never gel< any
water. Most ofthe water and wetland is on the east side ufthe Creek area, that is the downh,1I slope from the
hillside. Hthal is done, his entire backyard will be under water and probably flood the neighbor's house as well.
)
Heritage Glen Preliminary Pial
File No .. LUA·03-044, PP, ECF
April 15,2004
Page 5
Dennis Archer, 12805 SE 186" Place, Renton 98058, representing hi. father, Delbert 0. Archer who re.ides at
2127 Aberdeen A,enue NE, Renton. A COnCern of his is about an easement .Iong his falher's property line. It
appears that there is going to be a water line put through thai, and the concern is what will happen to .ny
stormwater runoff that might occur as a result of that. That easement has slowly built up over the years through
maintenance causing storm water runoff to flow onto Ihe property at 2127, It is a concern about the construction
techniques that will oCcur at the time Ihe water work i, done there.
Kayren Kittrick, Development Services asked Mr. Archer if when he talks about slormwater, is it erosion
control or ronoffafter the line is built? Mr. Archer stated thl the concern was for runoff after the line is built.
Property Services requircs language that covers enforoement capabilities about maintenance and clearly
identifies who is responsible. II is usually an undi,ided interest between properties that are fronting and using it.
For example, Lots 19, 20 and 21,
The 1990 King County Surf"ce Water Design Manual, which is the standard that the City uses, requires that
there be no additional flow off of this site. This is required to have !mt~ water quality and detention, so that is a
study thatlS looked at very carefully and very closely. Jt also requires that the water not be diverted from where
it currently flows. Kennydale Creek is where the water is going now and any water in the future must go there,
which also helps to recharge the wetlands. The King County Surface Water Design Manual requires that you
not flood wetlands. There are severe limitations on design both on what roofs can drain and how yard drains
may go. All of the properties that border the wetland, it con be required that the roof drains go into infiltration
pits, SO 1hat it does recharge the wetlands. The 1990 standards allow that, that is part of what Can be included
with our design review. Rooflines are considered clean waler as well as wh.t would be in the backyards.
The new sewer lines that are being referred to "as done not to support new development, but to support old
development that has been there for some time. They are not intended to carry stonn water.
There is a neighborhood grant program that the City is more than happy to help neighborhoods get trees planted.
This is done in exchange for neighbor handwork. The City doe, not have requirements for street trees, but
people can put them in if they so choose.
A waterline is going to be installed underground in the NE COmer of this site_ The easemenl would be restored
to existing Or better condition. Emergency access will have to be provided at all times to the property.
Sara Slatten, in regard to the buffer averaging, if there is issue with the way that it is configured, CamweSI is
willing to work with the City on that matter.
The Examiner called for further lestimony regarding this project. There was no one else wishing to speak, and
no further comments from swff. The hearing closed at 10:16 a.m. ,
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the TC""ora in this matter, the Exam'mer now makes and enters the following:
I-INDINGS,
L The applioant, Sara Slatten. for Camwest Development, filed a request for approval of a 37-101
Preliminary Plat
Heritage Glen Prelim mary Plat
File No., LUA·03-044, PP, ECF
April 15, 2004
Page 6
2. The yel low fi Ie containing the staff report, the St.te Environment.1 Policy Act (SEP A) documentation
and other pertinent materials was entered into the record as Exhibit #1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of
Non-Significance -Mitigated (DNS-M) 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 north ofNE 20th Street at 1832 (0 2008 NE 20th Street. The subject site
consists of four underlying lots. Each of those lots contain a single family home. One home would be
retained on what is Proposed Lot 25 whtle the other three homes would be removed. The property is
located between Jones Avenue NE on the west and Aberdeen Avenue NE on the east. The site is
directly north of Monterey Avenue NE, which nOw ends ot NE 20th Street.
6. A Category 2 wetland is located west of the subject site and a portion of its 50 foot required buffer
extends onto the subject site.
The subject sit. is approximately 638 acres or 277,725 square feet in area. The parcel is irregular in
shape. It is approximately 600 feet wide (east to west) and 500 feet deep.
8. The subjeot site has gentle slopes of approximately three percent and varies from elevations of
approximately 260 feet to 280 feet. The underlying four lots have mainly lawn grass, Fir trees and some
dedduous trees.
9. The subject site was annexed to the City with the adoption of Ordinance 1827 enacted in May 1960.
10. The subject. site is currently zoned R-8 (Single Family - 8 dwelling units/acre).
11. 'The map elem~nt of the Comprehensive Plan designates the area in which the subject site is 10Mted as
suitable for the development of single-family uses.
12. The applicant proposes dividing the subject site into 37 lots for (he development of detached single-
family uses. The lots would mOre Or less be arrayed around a T-shaped cul_de_sac street system.
Access to the site would be from a separate T-intersection with NE 20th Street.
I 3. Proposed Lot5 1-4 in the southwest corner and Proposed Lots 19-21 in the northeast corner would be
served by 26-foot wide private easements. Proposed Lot 25, the lot with the existing home, would
continue to gain access directly to NE 20th via a pipestem. Pipestems would also Serve Proposed Lots 8
and I I. Fin"lly, Proposed Lot 26 would gain access via a~ easement across Prop05ed Lot 27. The
remaining lots would gain aocess via a new 42-foot wide public street. In oddition, an occess easement
runs from Aberdeen Avenue NE into and across the northeast corner of the subject site providing acceSS
to a lot north of tile subject site.
14. The division of the 6.38 acres into 37 lots yields a density of7.06 units per aCre after subtracting
roadway,.
15. Stormwa!er would be h.ndled by a detention system consttucted in tile southwest COrner of the site
under the access mad serving Proposed Lots 1·4.
16. The applicant proposes using buffer averaging to permit development along the edge of the wetland
Heritage Glen Preliminary Pial
File No.: LUA-03-044, PP, ECF
April 15,2004
Page 7
buffer in the southwest corner of the subjecl site. The design of this area is rectangular without any
attempt at creating a natural wetland buffer edge.
17. Neighbors expressed concern regarding storm water problems in the area. There have been flooding
problems. Staff noted that the 1990 King County Design Manual requirements are intended to avoid
snch problems in the future. Ther~ should be no additional flow off-sile after development. The
standards reqllire both water quality and detention controls and require that stonnwater be discharged to
its natural outfall location. The standards should also avoid flooding the wetlands but allow recharge.
18. The City does no! prevent the clearing of property that is going to be developed although there may be
other regulations and state standards regarding tree removal. There are regulations regardifig c1earifig Or
remGval of trees where no other development is proposed and vegetation is protected in various defined
sensilive areaS. It is diffic"l! to retain trees on what are relatively small parcels ",hen build ing pads,
driveways and ,roads need to be carved through a p",ceJ.
19. The devel"pment would generate appro~imately fjfteen school age children who would attend th e
ReMon School D,strict. The students ",ould be spread across the grades and be assigned on 3 space
available basis.
20. Utilities will be provided by the City.
21. The residence or a portion of it on the property south of Proposed Lot 26 appears to encroach onto the
subject site. Boundaries may have to be adjusted to accommodale this situation.
CONCLUSIONS:
1. The proposed plat appears to serve the public uSe and interest The division will provide additional lots
in the R_E zone, that is there will be approximately 33 additional lots available for future residents io an
area with appropriate utili(i~$ and reasonably accessible to Employment opportunities. The regrettable
consequence of denser development patterns and increased unit density is that most trees are removed
from level sites unencumbered by sensitive areas.
2. The applicant will be containing and releasing stormwater accordifig to more modern standards. The
development ofthe subject site should not have an adverse impact on stonnwater flows in the area
although (he development might not solve existing problems. The applicant shall provide some
mech.1nism to allow wetland recharge.
3. The increased population will bring with it additional traffic and general noise. These impacts were
anticipated when the Comprehensive Plan and Zoning were adopted for this area and site.
4. The redevelopment of the property will increase the tax base of the City and help offset Some ofthe
impacts. The mitigation fees required by the ERC should help with the development offire and park
services as well as (ransportation corridor improvements.
5. The proposed density of7.06 dwellillg units per acre meets the Zoning Code and Comprehensive Plan.
The lots, even those around (he two cul-de_sac roads, are reasonably rect.ngular.
6. The appl icant indicated that the rather rigid rectangular margins proposed where bulfer averaging has
b-cen proposed could be softened. The plat w,1I be conditioned On altering the lines subject to approval
ofC[]mmullity Services.
Heritage Glen Preliminary Plat
File No_, LUA·03-044, PP, ECF
Apri! 15, 2004
Page 8
7. In conclusion, the proposed preliminary pial should be approved by lhe Cily Council subject to the
condilions enumerated below,
RECOMMENDA-nON
The Preliminary Plat is approved subjecl to the following conditions:
L The applicant shall be required to obtam and finalize all demolition permits for any existing structure(s)
not located withm Lol2S prior to final plat recording. This condition shall be subject to the review and
approval of the Development Services Division.
2. The applicant shall be required to establish a homeowner's association or maintenance agreement for
the private street (26-foot wide easements) and common utilities as a condition of the preliminary plat
approvaL
The applicant shall be required to install a "Privale Street" sign indicating addresses served from the
private street at the intersection Gfthe private street (serving Lots 1-4, 19-20 and 26) and lhe proposed
42-foo! internal pubic street, prior to final plat relXlrding.
4, 'The applicant shall be req "ired to iostall "No Parkingn sign age wilhin the private streelS and drives.
5. The applicant shall be required to provide the City with an easement to the proposed drainage facility
prior to final pia! recording_
6. The applicant shall be required to demonstrate that an encroachment does not exist andlor will not
impacl the development prior to final plat approvaL This condition shall be subject to the review and
approval of the City'S Property Services Section and the Development Services Division.
7. The applicant shall be requir~d to clearly note the mailbox location(s) Gn the construction plans and
include appropriate "No Parking" signage near tI1emailboxes.This condition shall he subject to the
review and approval of tI1e Development Services Division.
8. The applicant shall modify the margins of the areas incorporated into the wetland buffers to make tI1em
appear substantially less rectangular and mOre nalural subject to approval of Development Services.
9. The applicant shall provide SDme mechanism to allow wetland recharge_
ORDERED THIS 15'" day of April, 2004.
~J
FRED J KAUf
HEARlNGEXA
TRANSM1TrED THIS 15" day of April, 2004 to the parties of record:
Jason Jordan
1055 S Grady Way
Christian Denzler
1800 NE 20"' Street
Denn is Archer
12805 SE 186'" Place
Heritage Glen Preliminary Plat
File No., LUA-03-044. PP, ECF
April 15,2004
Page 9
Renton, W A 98055
Kayren Kitmck
1055 S Grady Way
Renton, WA 98055
Sara Slatten
Camwest Development
9720 NE 120" PI" Ste. 100
Kirkland, WA 98034
Renton, WA 98056
Rich & Loral.,. Gordley
2010 Jones Avenue NE
Renton, \V A 98056
DeanaNa,bert
2111 AberdeenA,enueNE
Renton, \VA 98056
Renton, WA 98058
Delbert O. Archer
2127 Aberdeen Avenue NE
Renton, \VA 98056
Sue Larson-Kinzer
1733 NE 20" Street
Renton, W A 98056
TRANSMITTED TIllS 15'" day of April, 2004 to tile following,
Mayor Kathy Kcolker-Wheeler
Members, Renton Planning Commission
Jay Covington, Chief Administrative Officer
Julia Mcdzegian, Council Liaison
La'WTence J. Warren, City Attorney
Transportation Systems Division
Utilities System Division
King County Journal
Gregg Zimmerman, PlaniBldg/PW Admin
Neil Watts, Development Services Director
Larry Rude, Fire Marshal
AIM Pietsch, Econ. Dev. Administrator
LOrI) Meckling, Buildmg OffiCial
lennifer Henning, Development Services
Janet Conklin, Development Services
Patrick Roduin, Development Services
Pursuant to Title IV, Chapter 8, Section 100G of the Ctty's Code, request for recon.idcration mu.t be filed in
writing on or before 5:00 p.m., April 29, 2004. Any 'ggrie'ed person feeling that tile decision of the
E"aminer is ambiguous or b35ed On erroneOu, proced~re, errors of low or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examineiwithin fourteen (14) days from tile date of tile Examiner's decision. Thi,
request shall set forth the specific ambiguities or errors discovered by suell appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110. which requires that such appeal
be filed with the City Clerk, accnrnpanying a filing fee of$75,OO Bnd meeting other specified requirernents_
Copies of tbis ordinance are available for inspection or purchase in the Finance Department, first floor of City
Hall.
If the Examiner's Recommendation Or Decision coot.aios the requirement for Restrictive CaveD ants, the
executed Covenants win be required prior to approval by City Conncil or final processing of the file. You
may contact this office for information 00 formatting covenant •.
The Appearance of Fairness Doctrine provides that no ex parte (private one-an-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in tile land uSe proce,s include both
the Hearing Examiner and members of the City Councll.
All communications concerning the proposal must be made in pllblic. This pubtic communication permits all
interested parties to know the coments of the communication and would allow them to openly rebut the
evidence. Any violation of til is doctrine would result in the mvahdation of the request by the Court.
, ,
Heritage Glen Preliminary Plat
File No_, LUA-03-044, PP, ECF
April 15,2004
Page 10
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
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PAE""'NA"Y PUll Pl.'" --------
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City of Renton
LAND USE PERMIT
APPLICATIO
RECEIVED
PROPERTY OWNERIS) PROJECT INFORMATION
NAME: r.' H~rrP6E U.-c-PROJECT OR DEVELOPMENT NAME:
J:l£ "" LF----"I
ADOREq:.,:; ~ PI 20 120-f'-, L ",= PROJECTIADDRESS(S)lLOCATION AND ZIP CODE:
CITY: ~1t1-It-tA>N D
• ZIP: 3-+ 1906 Ne-li>"" SnU;£T
TELE~74~ N~~ B7R: , ;>.5 02.5-\'1'06 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
3343 ~02.o,,,,, ; '21'2.1 ;',7'-0, 19'-'-1-
",APPLICANT (If other than owner)
NAME: S4Me
~~N: LAND .u~~(~): . • •
COMPANY (if applicable): .. ~POSED LAND USE(S): g,SF
ADDRESS: •
EXISTING COMPREHENSIVE PLAN MAP DESIGNATlON:~)
/lGSII:>VN1lAL-SI0J6.t..e FAMIL.'-
CITY: .. ZIP: • PROPOSED COMPREHENSIVE PLAN MAP DESJGNATlON
(If applicable): -SAME.
TELEPHONE NUMBER .. EXISTING ZONING: /Z-B ' . ,
. ,CQNTACT PERSON PROPOSED ZONING (If applicable): SAJYE
NAME: SMA-SlA'ITsN
SITE AREA ~n sqtJarll feet): h.38 AC-/ze2.,2h1
SQUARE FOOTAGE OF ROArJoNAYS TO BE 6EDlCATED
COMPANY~~.::;-:-FOR SUBDIVISIONS OR PRlVATE STREETS SERVtNG
THREE LOTS OR MORE (~applicabie):
4 _ -"-'
ADDRESS:, ., -~3 300.
" . PROPOSED RESIDENTIAL DENSm; J~~NITS PER NET
ACRE{~applicable): 5.'0 DU"A6
CITY: " ZIP: ..
NUMBER OF PROPOSED LOTS {n applicable): 31
TELEPHONE NUMBER AND E-MAIL ADDRESS:
" S5 1 ... -It&'!,0r:;... or'lUe.-St~p.. NUMBER OF NEW DWELLING UNITS (If applicable): 3b
p~ )ECT INFORMATION (conti .. d)
NUMBER OF EXJjNG DWELUNG UNITS (If applicable): PROJECTVALUE: StVlO,OOO
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF
BUILDINGS (if appITcable): ~ooo-3000 sf ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
SQUARE FOOTAGE (d app~""ble);
BUILDINGS TO REMAIN (If applicable): ~ WOO SF o AQUIFER PROTECTION AREA ONE
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTlAL Q AQUIFERPROTECTIONAREATWO
BUILDINGS (if appUcable): N-A
SQUARE FOOTAGE OF EXISTING NON_RESIDENTIAL
tJ FLOOD HAZARD AREA sq. It
BUILDINGS TO REMAIN Qf applicable): ""'" o GEOLOGIC HAZARD sq. ft.
NET FLOOR AREA OF NON-RESIDENTIAL BUIlDINGS (If o HABITAT CONSERVATION sq. ft.
applicable): N-A Q SHORELINESTREAMSANDlAKES sq. fl.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE rr"'WETlANDS (&U~ C>l'-'i) 2'<;00 sq. II. NEW PROJECT Qf applicable): OJ-A ,. " ,
LEGAL DESCRIPTION OF PROPERTY .
fAttach leaal deacr! tion on sa rate aheet with the following Infonnatlon Included)
SITUATEINTHE NE. QUARTER OF SECTION...5.., TOWNSHIP '2J~RANGE 5~ fN THE CITY
OF RENTON, KING COUNTY, WASHINGTON .
. TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. FINAL Pj,...AT MPrwJI<l-3.
2. 4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
~LAT CERTIFICATE
SCHEDULE A
Page 2
Order No. 565887
In the matter of the plat submitted for your approval. this Company
has examined the records of the county Auditor and county Clerk of
Kins Coun~y, Wasnington, and the .ecords of tne Clerk ot the United
States Courts holding terms in said County, and from suen
examination hereby certifies that a~cording to said records the
title to the following de.cribed land,
PARCEL A,
Tract 272, C.D. Hillman'S Lake Washington Ga.den of Eden Division
No.4., acc6rdins to the plat thereof recorded in Volume 11 of Plats,
page 62. in King County, Washington;
EXCEPT the east 100 f-eet thereof;
AND EXCEPT the 50utn SO feet of the west 126 feet thereof.
PARCEL B,
The east 100 feet of Tract 272, C.D. Hillman'a Lake Washington
Garden of Eden Division No.4, accordins to the plat thereof
recorded in Volume 11 of Plats, page 82, in KinS County, Washington.
PAR.CEL C:
That portion of Tract ~63, C.D. Hillman's Lake Washington Garden of
Eden Division No.4, according to the plat thereOf recorded in
Volume 11 of Plats, page 82, in King County, Washinston, described
as follows:
Commencing at the soutbwest corner of said tract;
Thence north along the weBt line thereof 288 '" feet;
Thence east in a Btraisnt line to a point on tne east line of Baid
tract. 268 '" feet north of tne southeast corner of said tract;
Thence soutn on said east line 130 feet;
Thence west parallel with the northerly line of t~e property berein
described 127 '" feet;
Thence south 158 ~ feet to the south line of said tract;
Thence west on said south line 127 ~ feet, more or less, to the
point of beginninS;
EXCEPT that portion described as follows:
Beginning at a point on the south line of said Tract 263 distant
WEsterly 127.25 feet from the southeast corner thereof;
Thence northerly parallel with the easterly line of said tract 263,
a distance of 86 fEet;
Thence westerly parallel with the aoutn line of eaid Tract 263, a
distance of 9S feet;
Thence southerly parallel with the eaat line of said Tract 263. a
distance of 86 feet to the south line thereof;
Thence easterly 95 feet to the point of beginnins.
(continued)
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PLAT CERTIFICATE
SCHEDULE A
Page 3
LEGAL DESCRIPTION, continued,
PARCEL D,
Order No. 565887
Traot 252 of C.D. Hillman's Lake washington Garden at Eden Division
No.4. according to the plat thereof recorded in Volume 11 of Plats,
page 82, in I<ing County, washington;
EXCEPT the south 80.00 teet thereof,
EXCEPT the east 150 feet lying southerly of the north 12 feet
thereof;
ALSO the west 15.5 teet of the east 165.5 feet of the south 80.00
feet of said Tract 252;
ALSO the 60uth half of the north half of Tract 263 of C.D. Hillman's
Lake Washington Garden of Eden Division No. i.
END OF SCHEDULE A ::j ,
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602372 728
CERTIFICATE OF FORMATION
0.
CamWest Heritage LLC
(>""" V2!ID+ 36UUl
\ DOo._.3Pl1
Trodlng 11), N160~
O~clf .. , 366316-001
Fll.ED
SECRETARY OF STATE
SAM REED
March 3, 2004
STATE OF WASHINGTON
Kelly 1. Price, Chief Financial Officer of Cam West Development, Inc .• hereby executes this
Certificate of Formaliop for the purpose offocming a limited liability company under Title 25 of the
Revised Code ofWashinglOl1.
I. The name of the limited liability company is:
CamWest Heritsgi' LLC
2. The name of the initial registered agent is'
CamWest Development, Inc.
3. The street address of the initial registered office is'
9720 NE 12OthPlace, Suite 100
Kirtland, W A 98034
The addoessofthe principal place of business afthe limited liability company is:
do CamWeSl Development, Inc.
9720NE 1 20th Place, Suite 100
Kirkland, W A 98034
5. The latest date on which the limited liability company iSle dissolve is DecemberJ}, 2053.
6. Management of tile limited liability company is vested in one or more managers:
{]YES[ X] NO
7, The name and address of the person executing this certificme of fonnation is:
,."', .....
Kelly J. Price, Chief Financial Officer
CamWest Development, Inc.
9120 NE 120th Place, Suite 100
Kirkland, W A 98034
DATED this ~ day of r'\'14tLf/ , 2004.
~,r~ Kelly~ I
Chief Financial Officer of Cam West Development, Inc.
... •
(!AM·WEST
"n, ~'LO'"'"'", ' .. '" co.
Novemb~r 19, 2004
Jan Illian
Renton City Hall
1055 South Grady Way·
Renton, W A 98055
RE: Heritage Glen -Westchester
Final Plat Submittal
Dear Jan,
DEVELOPMENT PLANNINC
CIl'! OF RENTON
NOV 2 4 20114
RECEIVED
Enclosed is the final plat submittal tor the Heritage Glen plat. The marketing
name we have selected is Westchester. Our attorney is currently in the process of
reserving a name for the plat and the Homeowners Association_ Once selected, we
""ill change the plat name from Heritage Glen to the new name prior to recording.
Enclosed are the following submittal requirements l'or }our review:
1. Public works approval: Enclosed i~ one copy of your November 4, 2004
letter outlining the rcquirement~ that need to be met for construction
approval and final plat recording. We acknowledge each.
2. Three (3) copies of the title report [or the site.
3. Five (5) copies of the supplemental referenced documents.
4. Five (5) copies of the completed I,and Use Application.
5. Five (5) copies ofthe compliance list for all plat requiremcnts.
6. One ([) copy of the Hearing Examiner's report for the proposal.
7. One (1) copy of the Post Offiee approval depicting mailbox locations.
Please note we are going to try and conwlidate all CRU boxes into one
location and ""ill seck approval [rom the postmaster.
8. Four (4) copies of the draft CCR's. Our aUorney ""ill be finalizing prior to
final plat recording.
9. Applicahle fees
[0. Five (5) copies uftbe Neighborhood detail map.
11. Five (5) copies of tbe plat plan.
12. Three (3) copies of the lot & tract calculations by Mead Gilman &
Associates, our surveyor ofreeord.
13. Monument Cank As discussed before we are not quite ready to complete
this. Once the fieldwork is completed, "e will forward the monument
cards prior to fUlal plat recording.
14. Onc (J) copy ofthe PMT Phln reductions.
. ,
• ••
•
CAM·WEST
;0 "~' "0'""" ''''~'" C ..
Should }OU have any questions or need any additional information plea;.e call me
at (425) 825-1955.
CamWest Development, Inc.
enclosures
Heritage Glen Final Plat
Westchester
Preliminary Plat Conditions
November 18,2004
The applicant shall be required to obtain and finalize any demolition permits for
any existing structure{s) not located v.ithin Lot 25 prior to final plat recording.
This condition shall be subject to the review and approval of the Development
Services Division.
Response: Demolition permits were obtained and finalized. The structures
previously located nn site have been demolished.
2. The applicant shall be required to establish a homeowner's association or
maintenance agreement for the private street (26-foot wide ea~ements) and
common utilities as a condition of the preliminary plat approval.
Response: Establishing a Homeownenl' Association is in progress and will
be recnrded with the secretary ofstate over tbe uJX'omingweeks. CCR'~
have been drafted for elly review and once appro'·ed will he recorded
concnrrently with the final plat.
3. Thc applicant shall be requirod to install a "Private Street" sign indicating
addresses served from the private street at the intersection of the private street
(serving Lots 1-4, 19-20, and 26) and the proposed 42-foot internal public street,
prior to final plat recording.
Response: Private street signs as listed above will be installed prior to final
plat approval as required.
4. The applicant shall be required to install "No Park.ing~ signage within the private
streets and drives.
Respouse: No parking street signs "ill be installed prior to final plat
approval as required above.
5. The applicant shall be required to provide the City v.ith an easement to the
proposed drainage facility prior to final plat recording.
Response: An easement has been provided to the city ror future storm
facility access and the dedication language is listed on page 2 of the Heritage
Glen final pial under the easemenl provisions & covenants heading.
6. The applicant shall be required to demonstrate that an encroachment does not
exist and/or will not impact the development prior to final plat approval. This
r
I. I. ' ..... 1
I." -, - . .' (I
condition shall be subject to the review and approval of the City's Property
Services Section and the Development Services Division.
Response: Documentation from our surveyor of record, Mead Gilman &
Associates, will be provide prior to final plat approval as required.
7. The applicant shall be required to clearly note the mailbox location(sj on the
construction plan;; and include appropriate ''No Parking" signage near the
mailboxes. This condition shall be subject to the review and approval of the
Development Services Division.
Response: The mailbox location was approved as part of the engineering
approval proc~ss. No parking signage will be installed near tbe mailboxes
prior to final plat approval concurrent with the installation of the other
signage requirements.
8. The applicant shall modify the margins of the areas incorporated into the wetland
buffers to make them appear substantially le~s rectangular and more natural
subject to approval of the Development Services Division.
Response: The wetland buffer boundaries were modified to he more
cnrvilinear. The revised boundaries were approved during the engineering
review in .June 2004.
9. The applicant shall provide some mechanism to anow wetland recharge.
Response: Roof drains for lots 1·3 discharge to the adjacent wetland buffer
to enable wetland recharge.
/.
•
-','
, . _.
November 4, 2004
--~ Ms. Sara Slatten ~
Camwest Development,
9720"':'NE 120"'PlaCe -'Sulle 106
Kirkland; WA. 96034
CITy' JFRENTON
, ','
-,"
'~ SUBJECT: -,HERITAGE GLEN pc;.r 'Ui!LlTYIMPROVE;E~N~T~~~~~~ ______ --' ____ lY.
,UTILITY PERMIT. #U040182
_','N, .,\_'." ,.
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DearSara: '
-As t~e
,. are
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4. -Payment of overtime 'insp-ection ·charges. ' --'" -',' ' ,
5, 1~r:~:~:~~;!;;.,·,~Th~~,::s:e documents must be preJ)ared and submitted 10.' S for all impiovements ~j_ng ,tLlmed ove'r to the
6, Utility; EasementS. Required for any publicly _ awned -and. maintained -water and sewer
appurtenances on the site, that' are not a part of Ina-plat. These must' be' submitted,',
approved, and recorded._Please submit all easements for our review, and approval before
signing. and notarizing by the property owner:' We· will: return for 'final signature and
'notarization once the legal descrip!io~' and easement forms have been approved by our
Technical Services Section. ""'" ' ".". ,'.'.~' "'. ." <."', ••
7. Dedication of Right otWay. If applicable, shall be signed and notarized.
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8. . The construction pennit plan mylars must be checked-out from the sixth
updated or replaced with a complete As-Built plan set. All
plan sheets, including those constructed per design, must be verified; stamped and signed
as uAs_Built" by a licensed surveyor or engineer. The mylars are labeled "As-Built" in
.. Iarge block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-
Bum drawings. The civil drawings shall accurately renect the construction acUvity. The civil
.: drawings also need to show all water main, sanitary sewer, and storm drainage systems
.easements, which shall be consistent with the As-Built location of the utility. Once the.
·.above have' been addressed, subm~ one set of As-Built blue lines of the civil drawings to
niy office. The inspector will be review the blue lines and if all is in order I will call for the
'civil mylars to be returned. These final mylars must be submitted for our pennanent
'records.
9: After the construction permit is signed off by the inspector, a Maintenance Bond must be
posted with the City for 10% of the value of the improvements to be turned over to the City.
The.original construction bond may be released after the maintenance bond is accepted by
the City, Standard form is enclosed.
',' , The'~bove items are .required to b:!i,,"~oniplete.(r ~r! sign off of the utlllty permi~ and
prior to recording. of the plat. ·The~proJect closeout Items'are coordinated through me In the
Plan Review Section. Coordinati0l1betWeen'the CiIi,'proPerty Owner, contractor and surveyor is .
··,esse~tial. Please note that reyjew ~·I1II.approvalmay ta~ ~ev':.r.il y.'eeks. Please contact me at,
425-430-7216 With any quest~~y?U may have. Thank YOl!o for YO,uf',cooperation . I ."( ~ tl3I ,.,-''it'' "I " . '1 ok-'; ""r"!
.' Sincerely.' ~';", "it \ 'l.
;1:.:>. ~~ i\, ~:;~~~~;~~Jj'*t:~ f.
.. " i>c ' 'M jo,w"'i-' " ~. I , '. '. _ ,,,"0(" w;'ii.C'>~ ,t .: ",~,,"'-i ",-'
an lilian. .' " _, '<\, ."_ ", _' ( .,?
, Engineering Specialist '\' v'''' ,.~, ' ,,,/'1' ".-,t
Development Services Division" _ ()' ,-,,,,,,, ____ .,,...\, ",{ : . '. . ...., "r
.-. .....' !"\_,~,,~-J..Y
ce, Kayren Kittrick , .... ,,."': .... ,_,,"':.,."
Tom Ma;n ".
_ c " -
---, ,
Heritage Glen Preliminary Plat Conditions of Development (Summary)
LUA03-044
Project Condition Source of Wilen Compliance Parly Notes
Condition Is Required Responsible
Finalize all demolition Hearing Prior to filalplat Applicant
permits. Examiner recording
Establish a homeowner's Hearing Prior 10 linal plat Applicant
association or Examiner recording
maintenance agreement
for all shared
Improvements.
Install private street signs. Hearing Prior\o final plat· Applicant
Examiner recording
Install no parking Hearing Prior to nnal plat Applk:ant
sign age. Examiner recording
Provide the City with a Healing Prior to final plat Applicant
drainage easement. Examiner recurding
Demonstrate that the Hearing Prior to final plat Applicant
southern encroachment Examiner recording
will not impact the
preliminary plat.
Clearly note mailbox Hearing Prior to final plat Applicant
locations on the Examiner recording
coostruction plans and ,
include no parking
signage.
Modify wetland buffer Hearing Prior to final plat Applicant
area to make them less Examiner recording
rectangular.
Provide mechanism to Hearing Prior to final plat Applicant
allow welland recharge. Examiner recording
Provide temporary ,eo During prolect Contractor
erosion control measures. construction
Constf1.Jct a split-rail fence ,"e Prior to final plat Contractor
along the eastern edge 01 recording
the wetland bUffel and
provide permanent
signage. ,
Periorm daily reviews of ,ee During utility and Contractor
erosion control systems building perm~
construction
Fire M~igation Fees ,ee Prior to final plat Applicant
recording
Traffic Mitigation Fees. ,ee Prior 10 final pial Applicant
reoording
Parks mitigation Fees. 'RC Prior to final plat Applicant
recording
Nov 19 04 10: 13.,
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RECEIVED
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Nov 19 04 10: 13 .. SDA, LLC
CtlU 11 :speCltJ.CaIlOns
Compony'n'"
Datalled Specifications
CBU: Cluster Box Unit-Type II
U_S. Postal Service Approved
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I ';:;::::~:',,:cOmpietaIY factory assembled from molded, higl ilfljlact, chemical I: weather polycarbonate plasijc with stainless steel fittings aod aluminum
I~!",'ffi' Hinged doors with pry resistant lips. Provide master load door tor a<:cessing
compartments w~n 3 point tatching and lOck mechanism with straight pull handles.
lB."" Tubular pedestal with mounting flanges.
• Tamper resistant border shlalds locks
-PlY resistant lip
• Anti-rotaUon ribs on compartment doors
Increase material thlckness to lock bolt
-Lock bolt bracket closer to lock
.. ,~, Integral ~or extending throughout
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01104
SUPPLEMENTAl. REPORT If 2
PNWT Order Number.565B87
• A ",n Up".a o! the Plat Cert;oloat. from ""go" ',2004 t;l>r¢"Sh
November 10,'004 at ',DO '.m. has d,.clo.~d tho followins,
• p"ograph '.7.' •• ' of the oo","ltmont io/ar. out, 20 ......... _ ..
p.id i~ full,
• Tho", has ""en no o,",n"" in " •• CLHe to the P=P"rty covered by
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fiECEIVED
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(
TO, Pacific Northwest Title
13920 Southeast Eaatgate Way, #21Q
Bellevue, WA 98005
215 Columbia Street
s".tU .. Washington
9S11}4
Attn, Cheri
Ref.# 22038350
SUPPLEMENTAL REPORT #1
PNWT Order Number: 511767
Seller, Timothy Chamberlain
Buyer/Borrower,
Cemwest Heritage, LLC
The following matters affect. the property covered by this order:
• The proposed insured haa been amended to read as
ALTA Owner's Policy
standard (X) Rxtended ( I
1IO)JEOW!IIIll'S DISCOUNT RAT!!:
/\mount
premi\lm
Tax (8.8%)
proposed Insured: CAMWEST HERITAGE, LLC
$ 551,000.00
$ 1.0%.00
$ 96.45
NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED
FOR A PENDlNG TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR
TO CLOSING SO ~T WE MAY INSPECT THE PREMISES.
Dated as of March 25, 2004 at a,QO a.m.
PACIFIC NORTHWEST TITLE COMPANY
ay' Dave Maddux
Title Ofticar
Phone NUmber, 206-~43-13S3
(
SUPPLEMENTAL TITLE REPORT
page 2
Order No. 511767
• paragraph 3 of the commitment is/are out, 2003 taxes are paid in
fUll.
• There has been no change in the title to the property covered by
this order since January 13, 2003, EXCEPT the Mattera noted
hereinabove.
Dated as of March 25, 2004 at 8.00 a.m.
PACIFIC NOR~ST TITLE COMPANY
By, Dav8 MAddux
Title Officer
PhOD8 Number, 206_343_1353
( (
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, iNC.
215 Columbia Street
Seattle, Washington 98104-<Sll
Senior Title Officer, Mike Sharkey Imikesharkey@pnwt.cam)
Title Officer, Curtis Good~an (curtisgoociman®pnwt.com)
Title Technician, Annette Strate (annettestrate@pnwt.com)
unit No. :l2
PAX No. {206)343-1330
Telephone NUmber 1206)343-1327
Camwest
9720 Northeast l20t " Place Suite 100
Kirkland, Washington 98034
Attention: Sara.
Title Order No. 5658B7
CERTIFICI\.TE FOR
FrLING PROPOSED PLAT
Your Ref_, Camwest Heritage
PLAT CERTIFICATE
SCHEDULE A
In the matter of the plat Bubmitted for your approval, this Company has
examined the recorda Qf the County Auditor and County Clerk of King
County. washington, and the records of the Clerk of the United States
Courts holding te~s in said county, and f~om such examination hereby
certifies that according to said records the title to the following
described land,
As on Schedule A, pages 2 and 3, attached.
IS VESTED IN,
CAMWEST HERITAGE, LLC, a washington Limited Liability company
SUBJECT TO THE FOLLOWING EXCEPTIONS,
As on Schedule B, attached hereto.
CHARGE,
TAX,
$200.00
$ 17.60 TOTAL CHARGE,
RECORDS EXAMlNED TO, May 13, 2004 at B,QQ a.m.
PACII'IC NORT
~ ASHIN N.
Mike Sharkey
Senior Title Officer
unit No. 12
$217.60
PLAT CERTIFICATE
SCHEDULE A
Page 2
Order no_ 565BB7
In the matter of the plat submitted for your approval, this Company
has examined the records of the County Auditor and county Clerk of
King County, Washington, and t~e records of the Clerk of the United
States Courts holding terms in said county, and from such
examination hereby certifies that according to said records the
title to the following described land,
PARCEL A,
Tract 2?2, C.D. Hillman's Lake Washington Garden of Eden Division
NO.4, according to the plat thereof recorded in volume 11 of Plats,
page 82, in Kin9 county, Washington;
EXCEPT the east 100 feet thereof;
AND EXCEPT the south 80 feet at the west 126 feet thereof.
PARCEL fl,
The eaBt 100 feet of Tract 272, C.D. Hillman's Lake Washington
Garden of Eden Division No.4, according to the plat thereof
re~orded in Volume 11 of Plats, page 82, in King County, Washington.
PARCEL C,
That portion of Tract 263, C.D_ Hillman's Lake Washington Garden of
Eden Division No.4, according to the plat thereof recorded in
VOlume 11 of Plats, page 82, in King County, Washington, described
as follows,
Commencing at the southwest COrner of said tract;
Thence north along the west line thereof 288 ~ feet;
Thence east in a straight line to a point on the east line of Baid
tract, 288 '" feet nortn of the southeast COrner of said tract;
Thence south on said east line 130 feet;
Thence weBt parallel with the nor~herly line of the property herein
described 127 ~ feet;
Thence south 156 M feet ~o the south line of said tract;
Then~e west on said south line 127 ~ feet, mOre or less, to the
point of beginning;
EXCEPT that portion described as follows,
Beginning a~ a point on the south line of said Tract 263 distant
westerly 127.25 feet from the southeast COrner thereof;
Thence northerly parallel with the easterly line of said tract 26~,
a distance of 86 feet;
Thence westerly parallel with the south line of said Tract 263, a
distance of 95 feet;
Thence southerly parallel with the east line of said Tract 263, a
distance of 86 feet to the south line thereof;
Thence easterly 95 feet to the point of beginning.
Icontinued)
(
PLAT CERTIFICATE
SCHEDULE A
Page 3
LEGAL DESC~IPTION, continued:
PARCEL D:
(
Order No. 565987
Tract 252 of C.D. Hillman's Lake W~shington Garden of Eden Division
No.4, according to the plat thereof recorded in volume 11 of Plats,
page 82, in King County, Washington;
EXCEPT the south 80.00 feet tnereof;
EXCEPT the ease 150 feet lying southerly of the no~th 12 feet
thereof;
ALSO the we.t 15.5 feet of the east 165.5 feet of the south 80.00
feet of said Tract 252;
ALSO the south half of the north half of Tract 263 of C.D. Hillman's
Lake Washington Garden of Eden Division No_ 4.
END O~ SC!l~DULIl A
I
GENERAL EXCEPTIONS,
PLAT CERTIFIC~TE
Schedule B
(
Order ~o_ 5~SBB7
1. Rights of claims at parties in possession not shown by the pubLic
records.
2. Public or private easemen~s. or claims of easements, not 9hown by
the public record.
3. ~ncro"chmen~s, overlaps, boundary line disputes, or other matCers
which would be diaclosed by an accurate surveyor inspection of the
premises.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnish~d, imposed by law and not shown by
tne public records, or Liens under the Workmen's Compensation Act
not "hown by the public records_
5. Any title or rights asserted by anyone including but not limited to
persons, corpo~ations, governments or other entities, to tide landB,
or lands comprising the BhoreB or bottoms of navigable rivers,
lakes, bays, ocean or Bound, or lands beyond the line of the harbor
lines as eetabliBhed or changed by the United States Government.
6. la) Unpatented mining clai"",; Ibl reservations or exceptions in
patents or in Acts authorizing the issuance thereof, Icl water
rights. claims or title to water.
7. Any service, installation, connection. maintenance, capacity, or
construction charges for sewer, water, electricity or garbage
removal.
B. General taxes not now payable or matters relating to special
aSsessments and special levies, if any, preceding the same becoming
a lien.
9. Indian tribal codes or regulations, Indian treaty or aboriginal
rigbts, including, but not limited to, easements or equitable
servitude •.
(
SPECIAL EXCEPTIONS,
PL~~ CERTIFIC~TE
SCHEDULE B
Page 2
(
order No. 565887
1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED TBEREIN. lNCLUDING.
BUT NOT LIMITED TO, TIlE FOLLOWING,
GRANTEE,
PURPOSE,
AREA AFFECTED:
RECORDED ,
RECORDING NUMBER,
puget Sound Power & Light company
The right, privilege and authority
to construct, erect, .. ,tar, improve.
repair, operate and maintain an
electric transmission and
distribution line
The north 12 feet of that portion of
Parcel D lying within Tract 252
September 28, 1945
3505220
2. E~SEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NO~ LIMITED TO, THE FOLLOWING,
GRANTEE,
PURPOSE,
AREA AFFECTED,
RECORDED,
RECORDING NUMBER,
Eva M. Jones and Ernest H. Cookrill
Right of way
The north 12 feet of that portion of
Parcel D lying within Tract 252
July 15, 1946
~598401
3. BASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
EUT NOT LIMITED TO, THE FOLLOWING,
GRANTEE,
PURPOSE,
ARBA AFFECTED,
RECORDED,
RECORDING NUMBER,
Puget Sound Power & Light company, a
Massachusetts corporation
Electric tranemi"eion and
distribution line
Portions ot Pa~cels A and B
December 0, 195~
4515001
(continued)
(
PLAT CERTIFICATE
SCHEDUl.E B
Page 3
Order No. 565887
4. EASEMENT AND THE TER}lS A!fD CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THB FOLLOWING,
GRANTllE,
PURPOSE,
MEA AFFECTED,
RECORDED,
RECORDING NUMBER,
Washington Natural Gas Company
(las pipeline
The ',-est 20 feet of the east 170
feet of the south 80 feet of that
portion of parcel D lying within
Tract 252
May 3, B60
5774926
5. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE,
RECORDED,
RECORDING NUMBER,
city of Renton
September 2, 19~2
9209021077
6 _ QllliIlRhL AND SPECIAL TAXES AND CHARGES, FIRST HALF DELINQUENT MAY 1,
IF UNPAID, SECOND HALF DELINQUENT NOVEMBBR 1, IF UNPAID,
~,
l'AX ACCOum NOMBER,
LEVY CODE:
AFI'!':CTS,
2004
334390-2720-06
2100
Parcel A
CURRENT ASSESSED VALUE, ~and, $2?5.000.00
Improvements, $47,000.00
AMOUNT BILLED
GllNERAL TAXES, $3,703.21
SPECIAL DISTRICT, $1.68
$5.00
TOTAL 1IILL8D, $3,109.89 PAID, $1,854.95 TOTAL DUB, $1,854.94
(continued)
( (
Order No. 5658B7
PLAT CERTIFICATE
SCHEDULE B
page 4
7. GENERAL AND SPECIAL TAXES AND CHARGES, FIRS~ HALf PEGINQUENT MAY 1,
rF UN?AXD, SECOND HALF DELINQUENT NOVEMBER I, IF UNPAID,
YEAR, 2004
TAX ACCOUNT NUMBER,
LEVY CODE,
AFFECTS:
33439 0 _ 2721 _ 05
2100
Parcel B
CURRENT ASSIlSSllP VA-LUI;;, Land: $223,000.00
Improvements, $143,000.00
AMOUNT BILLED
GENERAL TAXES, $4,209.24
SPECIAL DISTRICT: $1.59
$5.00
TOTAL BILLED, $4,215.83 PAJ:D, $2,l07.9~ 'rOTAL DUE, $2,~07.91
8. DELINQUENT GENERAL AND SPECIAL TI<XES AND CHARGES:
YEAR,
rAX ACCOUNT NUMBER,
LEVY CODE,
AFFECTS,
2004
33.390-2360-01
2100
P~rcel C
ClJRRillIT ASSESSED VALUE, Land: $197,000.00
Improvement": $97,000.00
~o~ BILLED ~O~ PAID
GENERAL TAXES, $J.3S1.19 $0.00
SPECIAL DISTRICT, $1.5~ $0.00
$5.00 $0.00
TOTAL BILLED, $3,387.7e PAID, $0.00 TOTAL DtJlI:~, $3,387.78
PLUS IN'['1;lREST
*CONTACT YOUR TITLB UNTT OR THE ASSESSORS OPPles rOR A PAYOrr rlGURB
THAT W01JLtI INCLUDB ALL INTBUST AND PKNALTISS THAT IUlVE PSBN
ASSSSSKD. SAID rlGURB WILL INCREASB ON A MONTHLY PASIS.
(continued)
PLAT CERTIFICATE
SCHEDULE E
Page 5
Order No_ 565887
9. GENERAL AND SPECIAL TAXES AND CHARGES, FIRST HALF DELINQUENT MAY 1.
IP UNPAID, SECOND HALF DELINQUE~T NOVEMRER 1, IF UNPAID, -,
TAX ~CCOUNT NUMBER,
LEVY CODE,
AFFECTS,
2004
334390_1924_02
2100
parcel D
CURRENT ASSESSED VALUE, Land, $145,000.00
Improvements, $168,000.00
AMOUNT BILLED
GENERAL TAXES, $3,5~~_70
SPECIAL DISTRICT, $1.59
$5.00
TOTAL BILLI!D, $3,606.29 PAID, $l,80~.15 TOTAL D1]E, $1,803.14
10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR,
TRUSTIlE,
BENEFICIARY,
AMOUNT,
DATED:
RECORDED,
RECORDING NUMBER,
AFFECTS:
Charles E_ Gibson and Lenora L.
Gibson, husband and wife
Chicago Title Insurance Company
KeyBank National Association
$62,500.00
December 11. 1998
D~cember 22, 19~6
~e122:l0552
Parcel D
The amount now secured by aAid Deed of T~st And the tsrms upon
which thB same can be discharged or assumed ahculd be Ascertained
from the ho1der of the indebtedness secured_
ASSIGNMENT OF SAID DEED OF TRUST,
ASSIGNEE,
RECORDED,
RECORDING NUMBER,
Countrywide Home Loans, Inc_
December 22, 1998
981222094l
(continued)
(
PLAT CRRTIFICAT3
SCHEDULE B
page 6
(
Or~er No. 565887
11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF,
GRANTOR,
TRUSTEE,
BENEFICIARY,
AMOUNT,
DATED,
RllCORDED,
RECORDING NUMBER,
AFFECTS,
Charles E. Gibson and Lenora L.
Gibson, husband and wife
washington Title Company
Countrywide Home Loans, Inc.
$30,000.00
May 27, 1~99
June 7, 1999
3906070958
Parcel D
The &mOunt now secured by said Deed of Trust and the t~rms upon
which the same can be discharged or assu.ed should be ~8~er~&inBd
from the ho~der ot ~h@ ind8htednB~s 88cured.
12. PEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE,
BENEFICIARY,
AMOUNT:
DATED,
RECORDED:
RECORDING NUMBER:
AFFECTS,
Vivian A. Weigel
Group 9, Inc., a Pennsylvania
corporation
Washington Mutual Bank
$l90,OOO.00
January 8, 2004
January 27, 2004
20040127002359
Parcel C
The ~unt now secured by sAid Deed of Trust And th8 t8rm8 upon
which the Bame can be diSCharged Or assumed should be ascertainad
f~om the holder of tha indebtednass secured.
l3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Camwest Heritage LLC
TRUSTEE: PSM ~inancial Management Corp.
BENEFICIARY, Keybank National Association
(continued)
(
AMOUNT,
DATED,
RECORDED,
RECORDING NUMBER,
(
Order No. 565887
PI,AT CERTHICATE
SCHEDULE B
Pas" 7
$3,465,000.00
May 5, 2004
May 10, 2004
20040510002384
The amount new secured by said Peed of Trust and the terms upon
which the oame can be discha~g8d or ~SBum8d should b6 ascertained
from the h¢ld~r of the indebtedness secured.
l4. DEED OF TRUST AND THE TERMS AND CONDITIONS ~EREOF,
GRANTOR,
TRUSTEE,
BENEFICIARY:
AMOUNT,
DATED:
RECORDED,
RECORDING NUMBER,
CamWest Heritage LLC
~acific Northwest Title Company of
Washinston, Inc.
Charles E. Gibson and Lenora L.
Gibson, husband and wife
$250,000.00
Ma.y 7. 2004
May 10, 2004
20040510002383
~he amount now ~8cur8d by said D&ed of Trust and the terms upon
which the same can be discha~ged or assumed should be ascertained
from tb~ bo16er of th@ ind@ht@dn@ss s@~ur.d.
NOTIl , SUBORDINATION AGREEMENt AND THE TERMS AND CONDITIONS THEREOF,
RECORDED,
RECORDING NUMBER,
May 10, 2001
20Q10510002385
The above Deed of Trust was made suoordin&t@ to the D@@d of Trust
recorded under Recording Number 20040510002384.
END Of SCllEDULE B
Title to this property was e~amined by,
Jon Cross
Any inquiries Should be directed to one of the title officers set forth
in Schedule A.
Ce, Mead, Gilman & Associates/Woodinville/Shane
JXB!20040329002336, 20040505003228, 20040510002381 & J004051000238~
.. I
NE 5-23-5
-N -l::. N ,
0
N
N • N
N ~~ $
,,4]9Q-2720
NE 20TH ST
PACIF1C NORTI-IWEST TI'ILE
Company of Washington. Inc.
. -~
Order No.
(
'''''' " -
565887
IMPORTANT, This is not a Plat of Survey. It i5 furnisned as a
convenience to locate the land inaicated hereon with reference to
streets and other land. No liability is assumed by reaSOn of reliance
hereon.
N
'" •
· . "
, '
DECLARA nON OF COVENANTS, CONDITIONS, RESTRICTIONS,
AND RESERVATIONS FOR Westchester
(PLAITED AS HERITAGE GLEN)
A Subdivision
GrantorlDedarant: CAMWEST HERITAGE, lLC., a Washington limited liability
Grantee:
corporation
AdditionalllllIllcs on pg. NIA
HERITAGE GLEN PLAT; WESTCHESTER HOMEOWNERS
ASSOCIA nON
Additional names on pg. NIA
Legal Description: Official legal description on Exhibit A
Assessor's Tax Parcel J[)#: 3343902360, 2721, 2720, 1924
Reference # (ifapplicable):
DEYELOPMENT PLANNING CiT'I OF RENTON
NOV 1 \ 10GIt
RECEIVED
j 1I191<J4 I ,,51 A_~
\
a?\'!::~3R
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS
FOR
WESTCHESTER
(PtA TIED AS HERITAGE GLEN PLAT)
A Subdivision
1111Wlt4 11.53 AM
I
I
I
I
I
I
I
I
I
This Declaration is made as ofthi~ _ day of===c::c-cc=' 2004, by CamWest
Westchester, LLC" a Washington limited liability corporation, hereinafter referred to as
"Declarant."
RECITALS
A. Declarant is the owner of that certain real property and improvements located within
the City of Renton, County of King, State of Washington, commonly known as Westchester,
referred to hercinal\er liS "Westchester" or the "Property," which was platted as Heritage Glen
and is more particularly described in Exhibit A attached hereto,
B. Declarant desires to create an association at We&chester to provide for the
maintenance, preservation, and architectural control ef the Lots, Private Joint Use Driveway
Tracts, Private loint Stonn Drainage Easements and Common Areas (all as defined below)
within the community and to promote the health, safety, happiness, and welfare of the
residents of the community.
C. for the bcnetit and protection of the Property, to enhance its value and attractiveness,
Declarant provides herein for a comprehensive system of land-use and building controls
within the Property.
SUBMISSION OF TIfF. PROPERTY TO THIS DECLARATION
Declarant, being the sole owner ofthc Property, hereby makes this Declaration fer the
purpose of submitting the Property to this Declaration, and declares that the Property
described above shall be held, sold, conveyed, encumbered, leased, rented, occupied and
improved subject to the following covenants, conditions, restriction, reservations, grants of
easement rights, rights of way, liens, charges and equitable servitudes, which are for the
purpose of protecting the value and desir4bility of the Properly and shall be binding on all
parties having an} right, title or interest in the Property or any part thereof, and shall inure to
the benefit of each o,,""Iler thercof. This Declaration shall run with the land and bind
Declarant, its successors and assigns, all subsequent o\\ners of the Property or any part
thereof, together with their grantees, successors, heirs, executors, administrators, devisees or
assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the
Properly, shall and hereby is deemed to incorporate by rcierence all provisions of this
Declaration. The provisions of this Declaratien shall be enforceable by Declarant, any Lot
Owner, the Association, and any first Mortgagee of any Lot.
Thc A""ociatlOn shall always haw the responsibility to maintain the plat drainage faciliti"" and emergency
acCe," road unless those improvement are deeded or sold to a government agency thaI aMume, the maintenance
.... "P<m';bnitity.
llltWlI4lt ,J AM -3 -
Article 1. DEfiNITIONS
Section l.l Definitions. For the purposes of this Declaration and any
amendments hereto, the folloYoing definitions shall apply.
"Architectural Control Committee" shall mean the Board, as defined below, or a
committee by that name designated by the Board.
"Articles" shall mean the artieles of incorporation of the Association, as delined
below.
"Assessments" shall mean all sums chargeable by the Association against a Lot,
including, withoot limitation: (a) general and special a~sessments for maintenance, repair or
replacement of the Common Areas; (b) special as,essments for maintenance, re(Xlir or
reconstruction of the Private Joint Use Driveway Tracts; (e) special assessments for
maintenance, repair or reconstruction of the stoon dnrinage facilities with the Private Joint
Stoon Drainage Easement; (d) special assessments against a Lot Owner for work done on the
Owner's Lot; (e) fines imposed by the Association; (f) interest and late charges on a
delinquent Owner's accolUlt; and (g) costs of collection, including reasonahle attorneys' fees,
incurred by the Association in connection with the collection of a delinquent Owner's
account.
"Association" shall mean the Westchester Homeowners Association, a Washington
non-profit corporation, as described more fully in Article 3, and its successors and assigns.
·'Board" shall mean and refer to the Roard of Directors orthe Association, as provided
for in Article 3.
"Bylaws" shall mean the bylaws of the Association as they may from time to time be
amended.
"City" shall mean the City of Kenmore, in the County of King, State ofWashinb'1on.
"Common Area" shall mean all real property and improvements described in Section
2.1.
"Declarant" shall mean CamWcst Westcoast, LLC., a Washington limited liability
corporation, and its suecessors and assigns if su~h successors or assigns should (i) acquire
more than one Lot from the Declarant for the purpose of developmcnt, and (ii) be specifically
assigned the rights and duties of Declarant hy written instrument in recordable loon.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and
Reservations for Westchester (platted as Heritage Glen Plat), and any amendments thereto.
11119i04II'S.1AM -4 -
"Home" shall mean a structure located on II Lot which is designed and intended for
use and occupancy as a residence or which is intended for use in connection with such
residence.
"Lot"' shall mean and refer to any or the 37 numbered lots shown (except for 101 25
which shall not be part orlhe Westchester Homeowners Association) the recorded Plat of the
Property. Ownership of a Lot shall include owncrship of the Home and improvements now or
hereafter constructed on the Lot.
"Member" shall mean a person entitlcd to membership in the Association pursuant to
Section 3.5.
"Mortgagc" shall mean a recorded mortgage or deed of trust that creatcs a lien against
a Lot and shall also mean a real estate contract for the sale of a Lot.
~Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner,
of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor. or the
desil,'Ilee of vendor, of a rcal estate contract for the sale of a Lot. For the purpose of
detel1llining the percentage of first Mortgagees approving a proposed decision or course of
action, a Mortgagee shall be decmed a separate Mortgagee for each Lot on which it holds a
Mortgage which constinlles a first lien on said Lot Mortgagees shall have the same voting
rights as the owners of any Lot subject to such Mortgage.
"Notice and Opportunity to be Heard" shall mean the procedure wherein the Board
shall give written notice of the proposed action to all Owners, tenants or occupants of Homes
whose imcrcst would be significantly affected by the proposed action. The notice shall
include a general statement of the proposed action and thc date, time and place of the hearing,
which shall be not les~ than five days from the date notice is delivered by the Board. At the
hearing, the affected person shall have the right, personally or by a 'representative, to give
testimony orally, in writing or both (as specified in the notice), subject to reasonable rules of
procedure established by the Board to assure a prompt and orderly resolution of the issues.
Such evidence shall be considered in making the decision but shall not bind the Board. The
afl"ected person shall be notified of the decision in the same manner in which notice of the
meeting was given.
"O"'ller" shall mean the owner of rccord, whether one or more persons or entities, of a
lee simple title to any Lot and, except as may be otherwise expressly provided herein, shall, in
the caw of a Lot which hllS been sold pursuant to a real estate contract, include any person of
record holding a vendee's interest under such real estate contract, to the exclusion of the
vendor thcreundcr. Any person or entity having such an interest merely as security lor the
perfol1llanee of an obligation shall not be considered an owner.
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"Person" shall include natural persons, partnerships, corporations, associations and
personal representatives.
"Plat" shall mean the Heritage Glen Plat recorded at Volume xx of Plats, at pagcs Xx
thrOugh xx, Recorder's File No. xxxxxxxxxxxxxx, records of King COlmty, Washington.
"Private Association Storm Drainage Easements" shall mean storm drainage
eascments benefiting all Lots, as shown on the Plat and referred to in Plat Restrictions 2, 5, 6,
7 and 8 of the Plat.
"Private Joint Storm Drainage Easements" shall mean the storm drainage easements
benefiting certain Lots, as shown on the plat and referred to in Ptat Restrictions 7, 8, 11, 13 &
14 of the Plat.
"Private Joint Use Driveway Tracts" shall mean shall mean the driveway tract and or
easements benefiting certain Lots, as shown on the Plat and referred to in Plat Restrictions 7,
and 13 and tho easement provisions of the Plat.
"Property" shall mean that real property and improvements located within the City of
Renton, County of King, State of Washington, commonly known as Westchester, which was
platted as Heritage Glon Phd aoo is more p'drtieularlydoscrihed on Exhibit A attached hereto.
"Structure" shall mean any building, fence, wall, pole, driveway. walkway, patio,
swimming pool, or the like.
"Transition Date" shall mean the earlier of the following: (i) the dale on which the
votes of the Class A members of the Association equal the votes of the Class B member or (ii)
the seventh anniversary of the date of recording of this Declaration.
Article 2. COMMON AREAS
Section 2.1 Description of Common Areas. The Common Areas, as shown on
the Plat, arc comprised of the following:
Tract A
Tract B
Aecess & utility tract
Access tract
Private Association Storm Drainage Easements
Private Association Driveway Easements
Landscape & Entry Monument Easement on lot 37
Section 2.2 Dedication of Common Areas. Declarant, by recording the Plat,
dedicates, tr1lIlsfers and conveys the Common Areas to the Association.
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Section 2.3 Use 01' Common Areas. Each Owner shall have the right to use the
Common Areas in common v.ith all other Ov.TIers, subject to this Declaration, the Bylaws,
any rules and regulations adopted by the Association, and the follo\\'ing:
2.3.1 The Association may totally bar or restrict use of portions of the
Common Areas where ordinary use could he dangerous, unreasonably increase Association
costs. or be detrimental to the environment, or is inconsistent \Vith its designation as a
Sensitive Area on tbe Plat.
2.3.2 The Association shall have the rightlo suspend the voting rights by
any Owner for any period during wbieh any assessment against such Owner's Lot remains
lUlpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the
Association's published rules and regulations.
2.3.3 The Association shall have the right to dedicate or transfer all or
any portion or the Common Areas, including casements thereon, to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to by
the Members. No such dedication or transfer shall be d1"e<."tive unless two-thirds of each class
of Members vote or consent in ""Titing to such dedication or transfer. The instrument
dedicating or transferring all or any portion of the Common Areas shall be executed hy the
president and secretary of the Association who shall certify that the requisite vote or consent
has been obtained.
Section 2.4 Sensitive Area. A certain portion of the Common NGPE Area
(located on lots 1 through 4) has a special de~ignation on the Plat as a sensitive area. That
area may not be used for the disposition of yard clippings or other debris and is subject to any
special use restrictions set forth on the Plat and to any supplemental rules or regulations
adopted by the As~oeiation consistent with the Plat restrictions. The split rail, wire mcsh
fencing which is installed shall remain in plaee and similar in style at all times unless lUldcr
repair or replacement.
Section 2.5 RecreationlDrainage Tract. A certain portion of the Common Areas
(Tract A) has a special designation on the Plat lIS a access/drainage tract. The tract is subject
to special use restrictions set forth on the Plat and to any supplemental rules or reb'lllations
adopted by thc Association consistent with the Plat restrictions.
Section 2.6 Private Association Stonn Drainage Easements. Certain LoIs arc
sllbjeet to Private Association Slonn Dminage Easements, which benefit all Lots. The
Association shall be rcsponsible for maintenance of the Private Association Stunn Drainage
Easements.
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Section 2.7 Landscape. Monument Ewsernent. A certain portion of Lot 37 is
designed on the Plat a LandseapelMonument Easement for the Property. The Association
shall be responsible lor maintenance of the landscaping and black aluminum fencing (along
south lot line oflot 37) and monument within the LandscapefMonument Easement.
Section 2.8 Private Joint Use Driveway Tracts. Private Joint Use Driveway
Tracts scrve certain specified Lots. Declarant, by recording the Plat, dedicates and conveys
an undivided interest in each easement to the Owners of the Lots served by that Tract. The
Association, at the request and cost of the O"'mers served by a particular easement, shall be
responsible for the maintenance of that easement as provided.
Section 2.9 Private Joint Stonn Drainage Easement. Plat Restrictions 7, 8, 9, II
& 13 establishes a Private Joint Stann Drainage Easements over which benefit certain lots.
Declarant, by recording the Plat, granb a storm drainage easements to the Owners of the Lots
benelitOO. The Association, at the request and cost of the Owners served by a casement, shall
be responsible for the maintenance of the storm drainage facilities within the ea<;ement, as
provided in Section 2.13
Section 2.1 0 Delegation of Use. Any Member may delegate, in accordance with
such rules and regulations as the Association shall promulgate, his Or her right of use and
enjoyment of the Common Areas to fami.ly members, guests, and tenants of such Member.
Each Owner shall be responsible for infonning such Owner's family members, guests,
tenants, and service personnel or the contents of this Declaration as well as any rules and
regulations that may be adopted by the Association as they may relate to the use and
enjoyment of the Common Areas. Each Owner shall be personally liable for any damage to
any Common Areas or any other area maintained by the Association or to any other property
of the Association, whether real or personal, caused by the Owner or the Owner's family
member, guest, tenant, agent, workman, contractor or other licensee or invitee. The
Association may have a lien upon the Owncr's Lot for the amount of sueh damagcs as
determined by the Board after Notice and Opportunity to be Heard.
Section 2.11 Fencing. The Declarant ha~ installed fencing along thc perimeter of
the north, south, east and west property lines. Each property shall have full responsibility for
the maintenance, repair and replacement of such fencing "'ithin their respective property
houndaries. The exception being the black aluminum r",ncing along the south boundary onot
37 and the north/south 6 fOOl cedar fence along the east side of the plat entrance. The
Declarant has also ifL<;taIled split rail wire mesh fencing, as required by the City, between the
NOPE and Lots I throllgh 4. Maintenance, repair and replacement or that ~l'lit rail shall be
the responsibility of the Owner ol"the Lot on which or adjacent to which the fence is located.
Section 2.12 Landscape Strip. The Association shall be resfonsible lor
maintenance of the landscape strip within the public right-of-way along NE 20' Place, south
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of the black aluminum fencing unless and until thc City or other governmental agency has
assumed the re~pon~ibility therefore.
Section 2.13 Maintenancc. The Association shall have full responsibility for thc
maintenance, repair, replaccmcnt and improvement of the Common Areas, and upon requcst
of the Owners served by a Private Joint Usc Driveway Tnll;t or Private Joint Storm Drainagc
Easemcnt as provided below, the Private Joint Use Driveway Tracts and Privatc Joint Storm
Drainage Easement. All such areas and facilities shall be reasonably maintained for their
intended use, subject to applicable governmental restrictions. The A~s(lciati(ln shall, upon the
written request of a majority of the Ovmers of the Lots served by a Private Joint Usc
Driveway Tract or bencfited by a Pri~ale Joint Storm Drainage Easement, perform such
maintemlIlce, repairs or reconstruction of the portion of the fucilities within the tract or
easement used in commun as may be requested by the Owners. If one or more orthe Owners
served by a Private Joint Use Driveway Tract or benefited by a Private Joint Storm Drainage
Easement, but less than a majority of those served or benefited, makes u written request to the
Association to have maintenance, repairs or reconstruction of a portion of the facilitics within
the tract or easemcnt used in common, the Board shall, after Notice and Opportunity to be
Heard given to all of the O""ners served hy thut tra,,"! or benefited by thc easemonl, decide
.... hether it is reasonably necessary for the maintenance, repair or reconstruction to be donc.
The cost of such maintenance, repairs or reconstruction shall be lISsessed equally against each
of the Lots served by the Private Joint Use Driveway Tract or benefited by the Private Joint
Storm Drainagc Easement. Street tree~ within the Property shall be maintained by the
Association until the City or its successor has adopted a maintenance program.
Article 3. HOMEOWNERS ASSOCIATION
Section 3.1 Establisruncnt. There is hereby created an assocJalion callcd the
Westchester Homeowncrs Association or such other name at Declarant shall dctennine (the
"Association").
Section 3.2 Fonn of Association. '[ he Association shall be a nonprofit
corporation fonned und operated under the laws of the State ()rWa~hinb>1on.
Section 3.3 Declarant will adopt Articles of Incorporation
and vvi1l propose to the initial . the adoption of Bylaws to supplement this
Declaration and 10 provide for the administration of the Association and the Property and for
other purpo~e~ not inconsistent with this Declaration. In the event of any conflict betwcen
this Declaration and the Articles for such nonprofit corporation, the provisions of this
Declaration shall prevail. Bylaws for the administration of the Association and thc Property,
and to further the intent of this Declaration, shall be adopted or amended by the Owners at
regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of
11119/0411'5JAM - 9 -
Directors. In the event of any conflict behveen this Dcclaration and any Bylaws. the
provisions of this Declaration ,hall prevail.
Section 3.4 Board ofDircetors. The Association shall be nlanaged by a Board of
Directors who arc memlx."fS of the Assllciation. They shall be elected as set forth in the
Articles ofineorporation and Bylaws of the Association.
Section 3.5 Membership and Voting Rights. The Association shall have t"o
classes of voting membership:
3.5.1 Class A Members shall be all Owners except the Declarant, and
each Class A Member shall be entitled to one vote for each Lot ov,ned, whelher improved or
not. When more than one Person holds an interest in any Lot, all such Persons shall bc
members. The vote for such Lot shall be exercised as the joint owncrs may decide among
themselves, but in no event shall more than one vote be cast with respect to any Lot.
3.5.2 The Class B member shall be the Declarant who shall be entitled to
three votes lor each Lot owned by it. Thc Class B c1a~s of membership shall cease and be
converted to Class A membership upon the oecurrence orthe earlier of the follov,ing events:
(i) the votes of the Class A members equal the voles of the Class B member; or (ii) the
seventh anniveT5ary of the date on which this Declaration is recorded.
Section 3.6 Transfcr of Membership. The membership in the Association of each
Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership,
and shall not be transferred in any way except upon the transfer of title to tho Lot and then
only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
void. Any transfcr of title to a Lot shall operate automatically to transfer the membership in
the Association to the new Owner.
Section 3.7 Flook, and Records. The Board shall calise to be kept complete,
detailed, and accurate books and records of the receipts and expenditures of the Association,
in a fonn that complies with generally accepted accounting principles. The Board or a
majority of the Owners may at any time require an annual audit prepared by an independent
certified public accountant which shall be paid for by the Association.
Se<:tion 3.8 lnspe<:tion of Association Documents, Books, and Records. The
Association shall make available to Owners, MortgagC<ls, prospective purchasers and their
prospective mortgagees, and the agents or attorneys of any of them, current copies of this
Declaration, the Articles, the Bylaws, and othcr rules, books, records, und financial statements
oj" the As..'ociation, and the most recent arumal audited financial statement, if one is prepared.
"Available" shall mean available for inspection upon request, during nonnal business hours or
under other reasonable circumstances. "lbe Association may require the requesting party to
pay a reasonable charge to pay the eOsl of making the copies.
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Article 4. MANAGEMENT OF THE ASSOCIATION
Section 4.1 Administration of the Property. The Members covenant and agree
that the administration of the Property shall be in accordance with the provisions of this
Oeclaration and the Bylaws of the Aswciation which are made a part hereof. Administrative
power and authority shall be vosted in the Board.
Section 4.2 Authoritv and Duties of the Board. On behalf of and acting for the
Association, the Board, for the benefit of the Property and the Members, shall have all powers
and authority pcnnitled to the Board under this Declaration including, but not limited to, the
following:
4.2.1 Levy, collect, and enforee the collection of, a~sessments, as more
particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the
duties and functions of the Association hereunder.
4.2.2 Require any omeer or employeo of the Association handling or
responsible for Association funds to furnish adeqllilte fidelity insurance, the premiums for
which shall be p"4id by the Association.
4.2.3 Enler into agreements with one or more qualified persons to
provide for the maintenance and repair of the Common Areas, Private Joint Use Driveway
Tracts and Privale Joint Stann Drainage Easement, the collection of assessments, the sending
of all required notices to Owners, lhe operation of Association meetings, and other regular
activities of the Association. .
4.2.4 Conlract and pay for any materials, supplies, labor or services
which the Board should detcnnine are necessary or proper for carrying out its powers and
duties \IIldor this Declaration, including legal, accounting, managemeot, security patrol or
olher services; however, if any materials, supplies, labor or services are provided for
particular Lots, Private Joint Usc Drive",ay 'j facts or Private Joint Stann Drainage Easement,
or their Owners, the cost thereof shall be specially charged to the Owners of such Lots, Tracts
or easement. The Board may pay the Declarant a reasonable fcc for any services it perfonns
on behalf "fthe Association.
4.2.5 All ohecks, drafts, or other orders for the payment of money, notes,
or other evidences of indebtedness in the name of the Association shall he signed by such
officer or officers, agent or agents of the Association and in such manner as is from time to
time determined by the Board.
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Section 4.3 Adoption of Rules and Regulations. When and to the extent it deems
advisable, the Board may adopt reasonable rules and regulations governing the maintenance
and use of the Common Areas and the Property and other mallers of mutual concern to the
Members, ",hieh rules and regulations arc not inconsistent with this Declaration and the
I3ylaws and which treat all Members fairly and in a non-discriminarory manner.
Section 4.4 Additional Powers of the Association. In addition to the duties and
powers of the Association, as specified herein and elsewhere in this Declaration, but subject
to the provisions of this Declaration, the Association, acting through its Board, shall have the
power to do all other things which may be deemed reasonably necessary to carry out its duties
and the purpose of this Declaration.
Article 5. ARCHITECTURAL CONTROL
Sedion 5.1 Construction and Exterior Alterations or Repairs.
5.1.1 All Structures (including, withnut limitation, concrete or masonry
walls, rockeries, driveways, rences, hedges. swimming pools, if any, or other Structures) to be
constructed, erected, placed or altered within the Property, all exterior alterations and repairs
(including, but not limited to, re-roofing or repainting) of any Structures on the Property and
visible from any street or other Lot, and any construction or alteration of landscaping on the
Properly must be approved by the Board or an Archilectunll Control Committee ("ACC")
composed of three or ntore representatives appointed by the Board; provided, that until
completed Homes have been constructed on all of the Lots, Deelarunt shall act as the ACC.
Complete plllllS and specifications of all such proposed buildings, structures, exterior
alterations and repairs, or landscaping together with detailed plans showing the proposed
location of the same on the particular building site and other data requested by the ACC shall
be submitted to the ACC before construction, alteration or repair is begun. Construction,
alteration or repair shall not be started until written approval thereof is ghen by the ACe.
5.1.2 The ACC will review submittals as 10 Ihe quality of workmanship
and materials planned and for eonfonnity and harmony of the exterior design with proposed
or existing structures on the Lots and, as to location of the building, with respect to
topography, finish grade elevation and building setback restrictions and compliance with the
Plat, in accordance with architectural guidelines to be adopted by the ACC. Depending upon
the proposal, the plans may require additional review by engineers, architecb, other design
professionals and/or governmental agencies.
5.1.3 All plans and specifications submitted for approval by the ACC
must be submitted in duplicate at least 30 days prior to the propo,:;e<J construction or exterior
alteration or repair starting date. In the event the ACC fails to approve or disapprove such
design and location within 30 days after said plans and specifications have been submitted to
1I/,W41l5JAM -12 •
it, the ACC will be deemed to huve given its approval. Approval by the ACC does not
preclude or replace any required governmental agency appmval.
5.1.4 "lhc maximtun height of any building shall be established by the
ACC as part of plan approval and shull be given in writing together with the approval. If the
ACC has failed to disapprove such design and location within th~ 30 day limit, and such
design and location is thereby deemed approved, the maximtun height of any building shall be
no greater than 30 feet and must also comply with local Yoning, land use and building codes.
5.1.5 The ACC may require that all plans or specifications be prepared by
an architect or a competent house designer approved hy the ACe. One complete set of the
plans and specifications shall in each case he delivered to and pennanently 10ft with the ACe.
All buildings or structures shall be erected or constructed. and all exterior alterations or
repairs made, by a contractor, house builder or other person or entity approved by the ACe.
The ACC shall have the right to refuse to approve any design, plan or wlor for such
improvements, construction or exterior, alteration or repair visible ITom a street or other Lot
which is not suitable or desirable, in the ACC's opinion, and such refusal may be based
entirely on aesthetic or other factors.
5.1.6 In evaluating any design, the ACC may consider the suitability of
the proposed building or other structure, the material of which it is to be built, the exterior
color scheme, the site upon which such buildings or structures are proposed to be built, the
harmony thereof with the surroundings, and the effect or impairment thaI such building or
structure will have on the view or outlook of surrounding Lots, compliance with the Plat, and
any and all other faclors which, in the ACC's opinion, shall affect the desirability or
suitability of such proposed structure, building, improvements, or exterior alteration or repair.
5.1.7 The ACC shall have the right 10 disapprove the design or
installation of a swimming pool or any other recreational structure or equipment doomed
undesirable, in the ACC's reasonable opinion, based on aesthetic factors or otherwise. The
ACC may consider the visual impact of the proposed structure or equipment and the noise
impact of the related activities upon all nearby Lots or Common Areas. Any enclosure or
cover used in connection with such a recreational structure or equipment whether temporary,
collapsible, or seasonal, shall be treated as a permanent structure for purposes of these
covenants, and shall to be subject to all the conditions, restrictions, and requirements as set
forth herein for all buildings and structures.
5.1.8 The ACC may require, at the o-wner's expense, the trimming,
topping or, if deemed necessary by the ACC, removal of any tree, hedge or shrub on the
01Mler's Lot which the ACC determines is reasonably blocking or interfering with the view or
access to sunlight of another Lot or any Commoo Area.
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5.1.9 Dedarant (including any successor in interest to Declamnt's status
as DedanlIlt) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by
Declarant.
5.1.10 By majority vote, the ACC may adopt or amend arehiwetuml
guidelines consistent ""ith this Declaration for making its determinations hereunder.
5.1.11 No Structure shall be erected, altered, placed or pennilled to remain
on any Lot IlIllcss the Structure complies with the Plat and with applicable building codes.
"Jbc Ace may require that the Owner furnish the ACC ""ith evidence that all necessary
permits have been obtained from the City for any work on a lut for which ACC approval is
required WIder this Sectien prior to commencement ufthe work:.
Seetiun 5.2 Declarant Facilities. Nutwithstanding any pwvismn in this
Declaration to the contrary, Declarant and its agents, employees and contractufS shall be
permitted to maintain during the period of sale of Luts or Homes upon such portion of the
Pwperty (uther than Lots sold hy Dedarant) as Declarant may choose, such facilities as in thc
sale opiniun of the Declarant may be reasonably required, convenient or incidental tu the
curu;truction, sale or rental of Lots and Homes, including but not limited to a business ufficc,
storage area, signs, model units, sales office, construction uffice and parking areas fur all
prospective tenants or purchasers ufDedarant.
Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS
Seclion6.1 Home and Yard Maintenance. Except for such maintenance and
repairs which are to be perfonned by the Association pursuant to the pwvisions of this
Declaration, each Owner, at said O"mer's cost and expense, shall promptly and continuously
maintain. repair, replace and restore the Home and other Structures or impwvcmcnl, on the
Owner's Lut in a good, clean, attractive, safe and sanitary condition and in full compliance
,,",'ith all applicable laws, the provisions of this Declaration, and any rules and regulations of
the Association. If any Owncr fails to maintain, repair, replace or restore the Owner's Home,
other Structures located on the Lot, or the Owner's Lot, the Association may, after Notice and
Opportunity to he Heard, at the Owner's eost and expense, maintain, repair, replace or restore
such items or areas and the Owner shall payor reimburse the Association on demand for all
such co~b and expenses. All trees, hedges, ~hrubs, and flowers shall be kept in an attractive,
neat, trimmed and pruned condition. Owners shall not allow their Lots to become overgrown
or unkempt so as to create a visWll nuisance. Leaves, clippings, dead. plants and other yard
wasle shall be placed in a compost pile or appropriate containers for disposal.
sectlOii"6.2 iRe,trictions on Storage. No Owner shall store or allow any occupant
or tenant to slore any trailers, boats, motor homes, recreational vehicles, motorcycles, or
trucks over two tons (exccpt those used by Declarant in conneelion with the development of
11119104 11:53 AM -14-
the Property or construction or the Homes) or any disabled or inoperable motor vehicle on the
Property unless any such vehicle is completely enclosed and hidden from view within a
garage or within such other enclosure as may be approved in advance by the ACC. Violations
of this Section shall subject such vehicles to impOlUld, at the expense and risk of the owner
thereof.
Section 6.3 Roads and Sidewalks. The road and sidewalks located in
Westchester shall be used exclusively for nonnal access, ingress and egress, and no
obstructions shall be placed thereon or the",in except by express wrillen consent of the Board.
The Board may adopt rules and regulations governing parking by Owners and their guests in
Woswhester.
Section 6.4 Residential Use. All Lots and Structures located thereon shall be
used, improved and devoted exclusively for residential purposes only, including: (i) sleeping,
eating, food preparation for on-site consumption by occupants and guests, entertaining by
occupants or personal guests, and similar activitios commonly Conducted within a residential
dwelling (without regard to whether the Owner or occupant uses the Home as a primary or
~econdary personal residence, on WI ownership, rental, lease or invitee basis) or such other
reasonable ancillary purposes commonly associated y,ith residential dwellings and otherwise
in compliance with this Declaration and all applicable laws for residential dwellings; (ii) for
use as a home oHice or for a home occupation not involving use by nonresident employees or
regular visits by customers or clients; (iii) for the common social, recreational or other
reasonable uses normally incident to such purposes; and (iv) for purposes of operating the
Association and managing the Property.
Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted
upon any Lot or impT0vement thereon, nor shall anything bc done thereon which is or may
become an annoyance or nuisance to other occupants on the Property.
Section 6.6 Re~triction on Further Subdivision. No Lot, or any portion of a Lot
in the Property, shall be divided WId sold or resold, or ownership changed or transferred
whereby the ownership of any portion of the Propert} shall be Jess than the area required for
the use district in which the Property is located; provided, the foregoing shall not prohibit
deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.
Section 6.7 Garbage and Trash Removal. No I.ot, Private Joint Use Oriveway
Tract, or Common Area shall be used as a dumping groWld for rubbish, trash, garbage, litter,
junk and other debris. All gllTbage, trash and yard waste shall bc placed in appropriate
sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the
prompt and regular disposal of all of garbage, trash, junk and yard waste from the Owner's
T.ot. All containers Cor garbage, trash and yard waste may be placed in public view only on
the designated collection day.
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Section 6.8 Animal Restrictions. No insects, reptiles, poultry or animals of any
kind shall be raised, bred or kept in or on any Home or Lot, or on any Private Joint Use
Driveway Tract, or on any Common Area, except that domesticated dogs, cats or other usual
household pets (hereinafter referred to as "pets") not exceeding in aggregate two per Home
may be kept on the Lots subject to rules and regulations adopted by the Board. No dog
houses, kennels, dog runs or the like may be kept or maintained on any Lot or on the outside
of any Home. All pets when outside a Home shall be maintained on an adequate leash or
other means of physically controlling the pet, by a person capable of controlling the pet at all
times or by a suitable invisible electronic confincment system not dangerous to hwnans. Pds
shall not be allowed to leave excrement on any Lot or on any portion of the Common Areas or
Private Joint Use Drive"'ay Tracts. Any Owner whose pet violates thcsc provision~ or who
causes any unreasonable noise or damage to persons or property shall be liable to all such
harmed Owners and their families, guests, and in,itees. The Board may, aller Notice and
Opportunity to be Heard, require the removal of any pet which the Board fmds is disturbing
other Owners unreasonably, and may exercise this authority for specific pets evcn though
"ther pets are pennittcd to remain.
Section 6.9 Signs. No signs shall be displayed to public view on any LOl except
(i) one professionally created sign of not more than one square foot displaying the resident's
name; (ii) one sign of not more than fivc square feet advertising thc LOl for sale or rent, (iii)
signs used by Declarant or other home builders to advertisc wts or Homes for sale, or (iv) the
pennanent enlry signs for Vineyard Crest.
Section 6.10 Renting and Leasing.
6.10.1 With respect to thc leasing, renting, or creation of any kind of
tenancy of a Home, the O"'ner (except for a lcnder in possession of a Lot and improvements
locatcd thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed
oftrusl sale or other >lIT"dngement in lieu of a foreclosure) shall be prohibited from leasing or
renting less than the entire Home, and for any term less than 30 days, and all leasing or rental
agreements shall be in writing and be subject to Ihis Declaration, the Articles and Bylaws,
with a default of Ihe tenant in complying with Ihis Declaration, the Articles or Bylaws
constituting a default under such lease or rental agreement.
6.10.2 If a Home is rented by its Owner, the Board may collect, and the
tenant or lessee ~haI1 pay over to the Board, ~o much of the rent for such Home as is required
to pay an} amoun\s dne the Association hereunder. plus interest and costs, if such amounts are
in default over 30 days. The renter or lessee shall not have the right to contest payment over
to the lloard, and such pa)'TIlent will discharge the lessee's or renter's duty of payment to the
Owner for rent to the cxtcnt such rent is paid to the Association, but will not discharge the
liability of the Owner (and the Home under this IX:claration for assessments and charges) or
operate as an approval of the lease. The Board shall not exercise this power where a rt.'Ceiver
has been appointed wilh respect to the Home or il~ Owner, or in derogation of any rights
11119104 1105] AM -16 -
which a Mortgagee of such Ilome may have with respect to such renb. Other than ;c; s(at~d
herein, there are no restrictions on the right of any O""ncr to lease or otherwise rent his Home.
Section 6.11 Zoning Regulations. Zoning regulations, building regulations,
environmental regulations and other similar governmental regulations applicable to the
Property subject to this Declaration shall be observed. In the event of any conflict be\Wecn
any provision of such governmental regulations and restrictions ofthi. Dedar<ltion, the more
restrictive provisions shall apply.
Section 6.12 Business Usc. No business of any kind shall be conducted on any
Lot with the exception of (i) the business of the Declarant in developing and selling Homes or
Lots, and (ii) home occupations approved by the Board which do not involve employees,
regular visits by customers or clients, create excess traffic, parking probl~ms, noise, or
otherv,ise violate this Declaration. Owners shall also comply with all of th~ requirements of
the appropriate local government concerning the operation of such home occupations. No
business materials, supplies or equipment shall be stored on any Lot within the view of
another Lot, except for items relating to an improvement which is under construction in
eonfonnance with this Declaration.
Section6.13 Temporarv f{esidence. No outbuilding, tent, shack, garage, trailer,
shed or temporary building of any kind shall be used as a residence either temporarily or
permanently, except for trailers used by Declarant, builders, or contractors during the
construction period.
Section 6.14 Satellite Dishes. Except as approved by the ACC, no antenna,
satellite dish or similar equipment shall be affixed to the cxterior any Structure or otherwise
placed on any Lot. The ACC may reb'Ulate the location and screening or any antenna, satellite
dish or similar equipment which the Owner may havc a right to install on the Owner's Lot
pursuant to the federal law.
Section 6.15 Governmental and Plat Requirements. All Structures and other Lot
improvements shall comply with the Plat and all applicable governmental requiremenL~
including, without limitation, minimum setback requircm~nts.
Section 6. 16 Oil and Mining Operations. No oil drilling, oil development
operations, oil relining, quarrying or mining operations of any kind shall be permitted upon or
in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shaHs be permitted upon
or in any Lot. No derrick or other structure dcsigned for use in boring for oil or natural gas
shall be erected, maintained or pcnnittcd upon any Lot.
Section 6.17
shall comply with all stato, federal and local laws and reb'Ulations governing or in any way
relating to the handling, storage, use, dumping, discharge or disposal of any hfUardous
liM/Mil 53 A" -17 -
substance or material. Thc O\VTlcr of each Lot shall not dispose of Of discharge any hazardous
substance or materials on uny Lot, Private Joint Use Driveway !'ract, Common Area, public
street or other area located within the Property.
Section 6.18 Completion of Projects. Any Structures or improvements, including
any repairs or replacement thereof, cons(ruded on any Lot shall be completed as to external
appearance, including finish painting, within six months from the commencement of
construction except for reasons beyond the control of the Owner, in which case a longer
period may be permitted by the ACe. This period may be extended by the ACC due to
inclement weather.
Section 6.19 Mailboxes. Each of the mailboxes and mailbox structures shall be
placed in lecations approved by the United States Postal Service. Owners may not damage or
otherwise interlere with a mailbex structure.
Section 6.20 Exterior Add~ons. No awnings, air cenditioning units, or other
projections shall he placed on or hang from the exterier surfaces of any Home unless they
have been approved by the Ace. Notwithstanding the foregeing, basketball hoops may hang
from exterior surlaces of a Home as long as the hoop is hidden from view from the road
located within the Property.
Section 6.21 Outdoor Fires. Outdoor barbecuos may be used rOT cooking on the
Lots when pemitted by law. Reasonable and adequate precautions against fires must be
taken. Excessive smoke or soot accumulation lrom fires shall not be allowed. No other
outdoor lires shall be permitted on the Property, except filr fires by Declarant or contractors
for burning construction wastes where all necessary government pennits have been obtained.
Section 6.22 Screened Service Areas. Unsightly items must be hidden from view
within a Home or garage of within a fenced or screened area where they will not be seen from
any Lot or road. Unsightly items shan include, but shall not be limited to, garbago and trash,
clothes lines, bicycles, recreational gear, omdoor maintenance equipment, firewood and
ladders. The design and materials used for any fenced or screened area shall be consistent
with the general appearance of the Home and must receive prior approval from the ACC.
Section 6.23 Damage and Repair of Property. Upon any Substantial Damage (as
defined below) to any Home or Lot, the Owner shall promptly restore and Repair (as defined
below) the Home to substantially the same size and design as the original Home. The prior
"'Titten consent or vote of the Board and a vote of 67% of the total votes entitled to be cast by
the OViD.CIS of the Lots is rtXjuired to rebuild in accordance with a plan that is different from
the original plan as it may have been modified by alteratiuns approved by the Board. As used
in this Section, Substantial Damage shall mean that in the judgment ofa majority of the Board
the estimated damage for the Home exceeds ten percent of the full, fair market value of the
Ilf19104 11'53 AM -18 -
Home before the damage occurred, as detennined by the then current assessment for the
purpose or real estate taxation.
Article 7. ASSESSMENTS
Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each
Ov.mer of a I,ot by acceptance of a deed therefor, whcther or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association any assessment duly
levied by the Association as provided in Ihis Declaration. Such assessments, together with
interest, costs, late charges and reasonable attorneys fees, shall also be a charge on the land
and shall be a continuing lien upon the Lot against which each such assessment is made.
Each such assessment, together with interest, costs, latc charges and reasonable attorneys'
fees, shall also be 111e personal obligation of the person who was the Owner of such T.ot at the
time when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to his SUCCeSSOr title unless the lien for such delinquent assessments had been
properly recorded prior to title transfer or unless expressly assumed by that party. 'When
ov.mership of a Lot changes, assessments payable in installments which have been established
for the current fiscal year shall be prorated between the Buyer and SeUer based on a 365 day
year.
Sedion 7.2 Liability for Assessments. Any assessments which may be levied
from time to time pursuant to the authority of the Board shall be established in accordance
with this Article 7, except for assessments Icvied against an Ov.mer for the purpose of paying
or reimbursing the Association for costs incurred or to be incurred in connection with
performing requested maintenance, repairs or reconstruction of facilities v.ithin the Private
Joint Use Driveway Tructs or Private Joint Storm Drainage Easement or for the purpose of
paying or reimbursing the Association for costs incurred Or to be incurred in eormection with
bringing an Owner's Lot into compliance with the provisions of this Declaration. Declarant
shall not be obligated to pay any assessment levied against any Lots owned by it unless a
Home has been conslIucted on the Lot and the Home is occupied. No Ov.mer may exempt
himself Or herself from liability for his assessments by abandoning the Owner's Lot.
Section 7.3 Association Budget. The Association shall prcparc, or cause the
preparation of, an operating budget for the AS>(Iciation at least alUlllally, in accordance v.ith
generally accepted accounting principles. The openlting budget shall set forth sums required
by the Association, as estimated by the Board, to meet its annual costs and expen~es.
Assessments on each Lot shall commence upon a date specified by the Dec\anmt by notice to
the Association or the Ov.mers. The members of the Association who are obligated to pay
assessments based on a particular budget may reject said budget at a special meeting of thc
Association by a vote of 51% of the votes or each class of Members. Until assessments have
commenced, the Oed,,,,mt shall pay the actual expenses of the Association.
11/19104 11'53 AM -19-
Section 7.4 Levy of General Assessment. In order to meet the costs and expenses
projected in its operating budgct, the B01lrd shatt determine and levy on every O",ner a
general as~essment. The Association's operaling budget shall be divided by the number of
l~ots to determine the amount of one assessment unit. Except as provided in Section 7.3 with
respect to unoccupied Lots owned by the Declarill1l, each O",ner's general assessment shall be
calculated by multiplying the number ofJ-OlS ovmed by the Owner by one assessment unit.
Section 7.5 Amount or Genend Assessment. The Board shall make rea~onable
efforts to detennine the amount of the general assessment payable by each Ovmer for an
assessment period at least 30 days in advance of beginning of such period. Notice of the
general assessment shall thereupon be sent to each Ov.mer subject to assessment; provided,
however, that failure to notify an Owner of the amount of an assessment shall nO! render such
assessment void or invalid. Any failure by the Board, before the expiration of any assessment
period, 10 fix the amount oflhe general assessment hereunder for the next periud, shall not be
deemed a waiver or modification in any respect oflhe provisions of this Aniele or a release o\"
any O"'1ler trom the obligation to pay the general assessment, or any installment thereof, for
thai or any subsequent assessmenl period.
Section 7.6 Assessment Period. The general assessment fixed for the preceding
periud shall continue until a new assessment is fixed. Upon any revision by the Assoeialion
of the operating budget during the assessmenl period for which each budget was prepared, the
Board shall, il" necessary, revise the gcnoral assessment levied against the Owners and give
notice 01" the same in the same manner as the initial levy of a general assessment for the
assessment period.
Section 7.7 Special Assessments. In addition to the genentl assessments
authorized by this Article, the Association may levy an assessment or assessmcnts at any time
against all Lot Ov.mers, applicable to that year only, for the purpose of defraying, in whole or
in part, thc cost of any construction or reconstruction, inordinate repair, or replacement of a
Common Area, or I"or such other purposes as the Association may consider appropriatc;
provided, however, that any sueh asscssment must have the prior favorable votc of a majority
of each class of Members. The amount of each Owner's special assessment for any year shall
bc caleulatcd like the general assessment, except that the total special assessment shall be
substituted for the operating budget amount and shall be payable in one or more installments,
as determined by the Board. In addition, costs of the Association incurred pursuant to Section
2.13 for maintenance, repair or reconstruction 01" I"ileilities shared in common within any
Private Joint Use Driveway Tract or Private Joint Storm Drainage Easement shall be a special
assessment against thc Owncrs served by that Tract or benefited by that easement payable in
one or more installments, as determined by the Board; and costs incurred by the Association
for work donc on (he Owner's Lot pursuant to Section 6.1 shal! he a special assessment
against the Ovmer of that Lot. Special assessments may be levied either before or a/ler lhe
work is done, in the discretion ofthc Hoard.
11119,1)4 11.53 AM ,20,
Section 7.8 Manner and Time of Payment. Assessment~ shan be payable in such
reasonable manner as the Board shall designate. Any assessment or installment thercofwhieh
remains l.mpaid for at least 15 days after the due date to thereof shall bear interest at the rate of
12% per annum, and the Board may also assess a \ate eharge in an amount not exceeding 25%
of any unpaid assessment which has been delinquent for more than 15 days.
Section 7.9 Accounts. Any assessments collected by the Association shan be
deposited in one or more Federally insured institutional depository accounts established by
the Board. '[be Board shall have exclusive control of such accounts and shall maintain
accurate records thereof. No withdnl"'"lI1 shall be made from said accounts except to pay for
charges and exponses authonled by this Declaration.
Soction 7.10 l.ien. In the event any 3l<sessment or installment thereof remains
. delinquent for more than 30 days, the Board may, upon IS days' prior written notice to the
Owner of such Lot of the existence ofthc default, accelerdte and demand immediate payment
of the ontire assessment. The amount of any assessment assessed or charged to any Lot plus
interest, costs, late charges and reasonable attorneys' fees. shall be a lien upon such Lot. A
notice of assessment may be recorded in the office where real estate conveyance~ are recorded
for the county in which this property is located. Such notice of assessment may be filed at
any time at least 15 days following delivery of the notice of default referred to above in this
Section. The lien for payment of sl.lCh. a:\sessment and charges shall have priority over all
other liens and encumbrances, recorded or unrecorded, limited as provided in Seclion 9.1.
Suit to recover a money judgment for unpaid assessments or charges shall be maintainable
without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a
mortgage.
Section 7.11 Waiver of Homestead. Each Owner hereby waives, to the extent of
any liens created pursuant to this Article, the benefit of any homestead or exemption law in
effect at the lime lillY assessment or installment thereof become delinquent or any lien is
imposed pursuant to the tenns hereof.
Section 7.12 Records and Fimmcial Statements. Tho Board ~hall prepare or cause
to be prepared for any fiscal year in which the Association levies or collects any assessments,
a balance sheet and an operating (income/expense) statement for the Association which shall
include a schodule of delinquent assessments identified by the number of the Lot and the
name of the Lo\ Owner; provided, however, such documents need not be prepared by a
certified public aCcolUltant unless requested by the Board or a majority of the Owners. The
Board shall cause detailed and accuratc record~ of the receipts and cxpenditures of the
Association to be kept specifying and itemizing the maintenance, operating, and any other
expense incurred. Sucb records, copies of this Declaration, the Articles and the Bylaws, and
any resolutions authori7ing expenditures of Association funds shall be available lor
examination hy any Owner at convenient weekday hours.
'"'OI .... I"'JAM , 21 '
Section 7,13 Certificate of Assessment. A certificate executed and acknowledged
by the treasurer or the president of the Board (or an authorized agent thereof, if neither the
president nor treasurer is availahle) slaling the indebtedness for assessment and charges or
lack thereof secured h} the assessments upon any Lot shan he conclusive upon the
Association as to the amount of such indebtedness on the date of the certiJieale, in favor of all
persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or
any Mortgagee of a Lot within a reasonable time afler request. in recordable fonn, at a
reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot
may pay any unpaid assessmcnts or charges v.ith respect to such Lot, and, upon such
payment, shall havc a lien on such Lot for the amounts paid of the same priority as its lien.
Section 7.14 Foreclosure of Assessment Lien; Altorneys Fees and Costs. The
Board (or authorized agent), on bchalfthe Association, may initiate an action to foreclose Ihe
lien of, or collect any asscssmcnt. In any action to foreclosure the lien of, or otberwise collect
delinquent assessments or charges, any judgment rendered in favor of the Association shall
include a reasonahle sum for aUomeys' fees and all costs and expenses reasonably incurred in
preparation for or in the prosecution of said action, in addition to all costs pennitted by law.
Said liens may be foreclosed as a mortgage.
Sedion 7.15 Curing of Default. The Board shall prepare and record a satisfaction
and release of the lien for \\bieb a notice of assessment has been Iile<! and recorded in
accordance with this Article upon timely payment or other satisfaction of all delinquent
a~sessments set forth in the notice and all other assessments which have become due and
payable following the date of such recordation with respect to the Lot to which such notice of
assessment was recorded, together with all costs, late charges and interest which have accrued
thereon. A fee of twenty-five dollars ($25.00) or such other amount as may from time 10 time
be sct by the Bourd covering the cost of prepamtion and recordation shall be paid to the
Association prior to such action. The satisfaction and release ofthc lien created by the notice
of assessment shall bc cxecuted by the president or treasurer of the Association or by any
authorized reprcsentative of the Board. For the purpose of this panlgmph, the tenn "costs"
shall include costs and expenses actually incurred or expended by the Association in
COllllcction with the cost of preparation and recnrdation of the notice of assessment and any
efforts to collect the delinquent assessments, including a reasonable sum for attorneys' fees
and costs,
Section 7.16 Delinquent Assessment DeJXlSit; Working Capital.
7.16.1 A Lot Owner may be required by the Board, from time to time, to
make and maintain a deposit np to three months' estimated monthly asscssments, which may
be collected as are other assessments and charges. Such deposit shall be held in a separate
fund, be credited to the l.(lt owned by such Owner, and be: for the purpose of establishing a
reserve for delinquent assessmcnts.
1II19lO411SJAM -22-
7.16.2 Resort may be bad thereto at any time when such owner is ten days
or more delinquent in paying his or her monthly or other assessments and charges. Said
deposits shall not be considered as advance payments of regular assessments. In the event the
Board should dra", upon said deposit as a result of a Lot Owner's delinquency in pa}m~nt of
any assessments, the Owner shall continue to be responsible for the immediate and full
payment of said delinquent Assessment (and all penalties and costs thereon) WId thus the full
restoration of said deposit, and the Board shall continue to have all of the rights and remedies
tor enforcing such assessment payment and deposit restoration as provided by this
Declaration and by law.
7.16.3 Upon the sale ofa Lot, the seller/Owner thereof shall not be entitled
to a refund from the Association of any deposit or reserve account made or maintained with
respect to such Lot pursuant to this or any other section of this Declaration; rather, any such
deposit or reserve account shall continue to be held by the Association for the credit of such
Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate
compensation therefor.
7.16.4 The first purchaser of any Lot shall pay to the Association, in
addition to other amounts due, an amount equal to tJure month8 of monthly assessments a~ an
initial contribution to the Association's working capital. Such working capital eontributiollS
shall not be used to defray Declarant's expenses in completing the cOllStruction or
development of the Property, to pay Declarant's contributions to Association reserves or to
make up any deficits in the budget of the Association.
Article 8. COMPLIANCE AND ENFORCEMENT
Section 8.1 Enforcement.
8.1.1 Each Member, Board member and the Association shall comply
strictly with the provisions of this Declaration and ""ith the Bylaws and administrative rules
and regulations adopted by the Association (as the same may be lawfully amended from time
to time). Failure to comply shall result in a claim for damages or injunctive relier, or both, by
the Hoard (acting through its officers on behalf of the Association and the 01k1lers) or by the
aggrieved O"'ner on his own, against the party (including an Owner ur the Association)
failing to comply.
8.1.2 In any action or arbitration to enforce the provisions of Section 8.1
or any other provision oi" this Declaration, the Articles or the Bylaws, the prevailing party in
such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all
costs and expenses reasonably incurred in preparation for prosecution of said action or
arbitmtion, in addition to all costs pennitted by law.
1 1119/<" II.,J AM -23 -
•
Section81 No Waiver of Strict P~rfoOllancc. The failure of the Board or
D~clarant. as applicabk. in anyone or more instances to insist upon or enforce the strict
pt:ri"onnance of any of the teOlls, covenants, conditions or restrictions of this Declaration, or
of any Bylaws or administrative rules or reb'lllations, shall not be construed as a waiver or a
relinquishment ror the future of such teOll, covcnant, condition or restriction, but such tenn,
covenant, condition or restriction shall remain in full force and effect. No waiver by the Board
of any provision hereof shall be deemed to have been mado unless expresscd in '-'Tiling and
signed by the Board.
Section 8.3 Arbitration. Any dispute between the Owners, bety,'ecn an Owner
and the Board or the Association or between an Owner, the Board or the Association and
Declarant shall be delennined by arbitration in the King County, Washington, under the
American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited
Procedures in cffect on the date hereof, as modified by this Declaration. There shall be one
arbitrator selected by the parties within sevcn days of the arbitration demand or, if not, then
selected pursuant to the AAA Rld~s. The arbitrator shall be an attorney with at least live
yeaTS owners association, subdivision or real estate law experience. Any issue about whether
a claim must be arbitrated pursuant to this Declaration shaH be detcOllined by thc arbitrator.
At the request of either party made not later than 45 days after the arbitralion demand, the
parties agree to submit the dispute to nonbinding mediation which shall not delay the
arbitration hcaring date. There shall be no substantive motions or discovery, exccpt the
arbitrator shall authorize such discovery as may be necessary to ensure a fair hearing, which
shall be held within 90 days of the demand and concluded within two days. "Ihcso time limits
are not jurisdictional. "] he arbitrator shall apply substantive law und may award injunctive
relicf Or any other rcmed} available from a judge including attorney fees and costs to the
prevailing party, but the arbitrator shall not have the power 10 award punitive damages. This
arbitration provision shall not cover claims by the Association for collection of assessments;
such claims shall be governcd by Article 7.
Scction 8.4 Rcmedies Cumulative. Except for claims which must be arbitrated
pursuant to Section 8.3 above, the remedies provided herein are cumulative, und the Board
may pur~ue them concliITently, as wcll a~ any other remedies which may be available under
law although not expressed herein.
Article 9. LIMITATION OF LIABILITY
Section 9.1 No Personal Liubility. So long <Il> a Board member, Association
committee mcmber, Association officer, or authorize<.! agent(s) has acted in good faith,
without \','illful or intentional misconduct, upon the hasis of such information 118 may be
possessed by such person, no person shall be personally liable to any Member, or other party
including the Association, for any damage, lo~s or prejudice suffered or claimed on account of
any act, omission, error, negligenec (except gross negligence), any discrelionary decision or
11l19!lt4 11 S3 AM -24-
failure to make a discretionary decision, by such person in such person's official capacity;
provided, however, that this Section shall not apply where the consequences of such act,
omission, error or negligcncc are covered b} insurance or bond ebtained by the Board
pursuant to Article 4 or Article 14 hereof.
Section 9.2 Indemnification. Each Board member or Association committee
member, or Association OlTicer, and their respective heirs and successors, shall be
indemnified by the Association against all expenses and liabilities, including attorneys' fees,
reasonably incurred by or impnsed in connection with any prnceeding to which he or she may
be party, Or in which he or she may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred, except in such cases wherein
such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing
violation of law in the performance of hb or her duties, and except in such cases where such
person has participated in a transaction from which said person ",ill personally receive a
benefit in money, property, or services to which said person is not legally entitled; provided,
however, that in the event of a settlement, indemni/ication shall apply only when the Board
approves such settlement and reimbursement as being in the best interests of the Association.
Nothing contained in this Section 9.2 shall, however, be deemed to obligate the ASS<.>eiation to
indemnify any Member who is or has been a Board member or officer of the Association with
respect to any duties or obligations assumed or liabilities incurred by him or her under and by
virtue of the Declaration as a Member or O",ner of a Lot.
Article 10. MORTGAGEE PROTECTION
Section 10.1 monty of Mortl!lIl!es. Notv.ithstanding all other provisions hereof,
the liens created under this Oeclaration upon any Lot for assessments shall be subject to tax
liens on the Lot in favor of any assessing andlor special district and be subjcet to the righl' "I'
the securcd party in the case of any indebtedness secured hy first lien mortgages or deeds of
trust which werc made in good faith and for value upon the Lot. A mortgagee of a Lot, or
other purchaser of II Lot, who obtains possession of a Lot as a result offoreclosure or deed in
lieu thereof will be liable for any asses~ment accruing after such possession. Such unpaid
share of common expenses or assessments shall be deemed to be common expenses
collectible from all of the Lut Owners including such possessor, his successor and assigns.
For the purpose of this Article, the tenns "mortgage" and "mortgagee" shall no! mean II real
estate contract (or the vendor thereunder), or II mortgage or deed of trust (or mortgage<: or
beneficiary thereunder) securing a deferred purchase price balance owed with respect to a sale
by an individual I.ot Owner other than Declarant.
Section 10.2 Effect of Declaration Amendments. No amendment of this
Declaration shall be effective to modify, change or limit or aHer the rights expressly conferred
upon mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded
unless the amendment shall be consented to in "''fiting by the holder of such mortgage. Any
1ll19!lI4 ll:l] AM -25-
provision of Ihis Article conferring rights upon mortgagees which is inconsistent with any
other provision of this Declaration shall control over such other inconsistent provisions.
Section 10.3 Rights of Lien Holders. A breach of any of the provisions,
conditions, restrictions, covenanis, ca8<.'111enIS or re~enations herein contained shall not affect
or impair the lien or charge of any bona fide mortgage made in good faith for value on any
Lots; provided, however, that any ~ubsequent ovmer of the Lot shall be bound by these
prov1slOns whether such owner's title was acquired by foreclosure or trustee's sale or
otherwise.
Section 10.4 Copies of Notices. Tfthe first mortgagee of any Lot has so requested
of the Association in writing, the Association shall give written notice to such first mortgagee
that an Owner/mortgagor of a Lot has for morc than 60 days fuiled to meet any obligation
under this Declaration. Any first mortgagee shall, upon written request. also be cntitled to
receiv", written notice of all meetings of the Association and be pennitted to designate a
representative to attend sueh meetings.
Section 10.5 Furnishing of Docwnents. The Association shall make available to
prospective purchasers, mortgagces, insurers, and guarantors, at their request. current copies
of the Deciaration, Bylaws, and other rules geverning th~ Property, and the most recent
balance sho;ci <md income/expense statcment for the A~socialion, if any has been prepared.
Aniele 11. EASEMENTS AND SPECIAL TRACTS
Section 11.1 Association Functions. rhere is hereby resened to Declarant and the
Association or their duly authorized agents and represenllllives such easements as are
necessaJ) to perfonn the duties and ohligations of the Association as are set forth in the
Declaration, or in the Bylaws, and rules and re!,'lIlations adopted by the Association.
Section 11.2 Utility Ea;,ements. Various easements are resened on the Lots, as
provided by the Plat and applicable laws, ordinances and other governmental rule and
regulations for utility in~l<!llation and maintenance, including but not limited to, underground
electric power, telephone, cable television, water, sewer, gas and drainage and accessory
equipment, togeth~r with the right to enter upon tho Lot~ at all times for said purposes.
Within these easemeots, no slruerurc, planting, Or other material sball be placed or penniUed
to remain that may damage, interfere with the installation and maintenance of utilities, that
may change the dirt'Ction of flow of drainage ehannel~ in th'" easements, or that may obstruct
or relllrd the now of water through drainage channels in the easements. Ihe casement area of
each Lot, and all improvements thereon, shall be maintained continuously by the Owner of
each Lot benefited, except for those improvements for which a public authority or ntility
company or which Association is responsible, as provided on the Plat or in this Declaration.
The OW1lcr shall mainlllin the portion of any utility on tbe O\~ner'S lot that serves only the
IliI9/l}; 1l.S) AM -26-
Owner'~ Lot to the point or connection to the portion of the system thaI serves more than one
Lot. The Association shall have an easement for the maintenance, repair and replacement of
the portion of the private storm drainage system which serves more than one Lot np to the
point of connection to the puhlic drainage system.
Section 11.3 Entrv bv Security Patrol If the Board contracts for security patrol.
service, said service, Wid its employees, shall in have the right to enter onto any of the Lots,
Private Joint Usc Dri~eway Tracts, and Common Areas in order to carry out their duties under
such security patrol agreement; provided, hOV>"ever, that, said patrol se~'ice can enter a Lot
only if it is either (i) doing so with reasonable cause, Or (ii) acting with the consent of thc
Owner or tenant of such LoL
Article 12. ABANDONMENT OF SUBDIVISION STATUS
Section 12, I Duration of Covenants. The covenants contained herein shall run
with and bind the IWid and bc perpetual, unless modi tied by an instrwnent executed in
aceordunce with Article 13.
Section 12.2 Abandonment at Subdivision Status. The Association shall not,
without the prior written approv<il of the governmental entity having jurisdiction over the
Property and without prior written approval of 100% of all first Mortgagees and Ov>ners
(other than the sponsor, developer or builder) of record, seek by act or omission to ahandon or
terminate the subdivision status of the Property as approved by the governmental entity
having appropriate jurisdiction over the Property.
Article 13. AMENDMENT OF DECLARATION OR PLAT MAP
Section 13.1 Amendments to this Declaration shall be
made by an instrument i ;;;;;ocl,m"o' to Declaration" which ~ets forth the
entire amendment. Until the Date, this Deelarution may be amended by an
instrument approved and executed by Declarant and approved by tbe 67% of each class of
member in the Association. Thereafter, amendments must be approved by Owners, including
Declarant, having over 67% of the votes in the Association. The members' approval may be
obtained by a special vot~ of the mcmlx,'l"S at a meeting of the Association, or the written
consent of the requisite percentage of members. The amendment shall be executed by the
president and secretary of the Association who shall certiry that the rcqui~ite vote or consent
has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51%
of all Mortgagees who have requested from the Association notilication of amendments shall
be required for any material amendment to the Declaration or the Bylaws of any of the
following: voting rights; assessments, assessment liens, and subordination of such liens;
reserves for mainteoance, repair, and replacement of Common Areas; insurance or fidelity
11119104 11 :53 AM -27 -
insurance; responsibility for maintenance and repair; the boundaries of any Lot; convertibility
of Lots into Common Areas or of Common Areas into Lots; leasing of LOiS other than sel
forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot;
a decision by the Association to establish self-management when professional management
has been required previously by the Mortgagees; or any provisions which are for the express
benefit of Mortgagees or eligible insurers or guarantors of first Mortgagcs. Jt is specifically
covenanted and lmderstood that an} amendment to this Declaration properly adopted will be
completely eflective to amend any or all of the covenants, conditions and re~lrielions
contained herein which may be affected and any or all clauses of this Declaration unless
otherwise specifically provided in the section being amended or the amendment itself.
Section 13.2 Pial. Except as otherwise provided herein, the Plat may be amended
by revised versions or revised portions thereof referred to and described as to affect an
amendment to the Declaration adopted as provided for in Section 13.1. Copies of any such
proposed amendment to the Plat shall be madc available for the examination of every Owner.
Such an amendment to the Plat shall be etTeetive, once properly adopted, upon ha~ing
received any governmental approval required by law and recordation in the appropriate city or
county offices in conjunction with the Declaration amendment.
Section 13.3 Amendments to Conform to Construction. Declarant, upon
Declarant's sale signature, and as an attorney,in-faet for all Lot Owners with irrevocable
power coupled with an interest, may at any time, until all Lots have heen sold by DeclaraIlt,
file an amendment to the Declaration and to the Plat to confonn data dcpictcd therein to
improvements as actually constructed and 10 eslablish, vacate and relocate easements.
Article 14. INSURANCE
Section 14.1 Association Insurance. The Board shall cause the Association to
purehase and maintain at all times as a common expense a policy or policies nec~ssary to
provide comprehcnsive liability insurance; fidelity insurance; worker's compensation
insurance to the extent required by applicable laws; insurance against loss of personal
property of the Assuciation by fire, theft, or other causes with such dednctible provisions as
the Hoard deems advisable; and such other insnrance as the Board deems advisablc. The
Board may also, in its sole discretion, cause the Association to purehase and maintain
insurance, if available, tor the prolL'dion of the As~ociation's directors, officers, and
representatives from per,onal liability in the management of the Association's affairs. The
Board shall review at least annually the adequacy of the Association's insurance coverage.
All insurance shu!! be obtained from insurance camers that are generally aeceptahle for
similar projects and licensed to do business in the state of Washington. All such insunmce
policies and fidelit} bonds shall provide that c{)verage may not be cancelled or substantially
modified (including cancellation for nonpayment of premium) without at least 30 days' prior
l1!l91U-1II.jJ AM ,28,
written notice to any and all insureds named therein, including Owners, holders of mortgages,
and designated servicers of mortgagc<:s.
Section t4.2 Owners' Insurance.
14.2.1 All Owners shall obtain and maintain property insurance, liability
insurance, and such other insurance as the Board deems advisable. All insurance shall be
obtained from insurance carriers that are generally acceptable for similar residential properties
and authorized to do business in the state of Washington. All such insurance policies shall
provide that coverage may not be cancelled or substantially modified (including cancellation
for nonpayment of premium) without at least 30 days' prior written notice to the Association.
All Owners shall provide the Association with proof of insurance upon the request of the
Association.
14.2.2 The property insurance maintained by each Owner shall, at the
minimum, provide all risk or special cause of loss coverage in an amonnt equal to the full
replacement cost of each Home and all fixtures and improvements located thereon, with such
reasenable deductibles and exdu;;ions from covemge as the Board may from time to time
approvo or by rule or regulation establish.
14.2.3 The liability insurance coverage maintained by each Owner shall
cover liability of the insureds for property damage and bodily injury and death of persons
arising out of the operation, maintenance, and use of the Lot and such other risks as are
customarily covered for similar residential properties with a limit of liability of at least
$300,000.
14.2.4 Any portion of the Home or Lot for which insurance is required
under this Article which is damaged or destroyed shall be repaired or replaced promptly by
the Owner pursuant to Section 6.23 unless the sulxlivision is tenninated or repair or
replacement would be illegal under any state or local health or safcty statute or ordinance.
Article 15. MISCELLANEOUS
Section 15.1 Notices.
15.1.1 Any written notice or other documents as required by this
Declaration, may bc delivered personally or by certified mail. Ifby mail, such notice, unless
expre~sly provided for herein to Ihe contrary with reb'llni to the type of notice being given,
shall be deemed to have been delivered and received 48 heurs after a cepy thereof has been
deposited in the United Slates mail, postage prepaid, addressed as follows:
1l!19!04IU3AM -29 -
15.1.1.1 If to a Member, other than Declarant: to the mailing
address of such Member maintained by the Association, pursuant to the Bylaws.
15.1.1.2 If to Oeclanml, whether in its capacity as a Member, or
in any other capacity, the following address (unless Declarant shall have advised the Board in
writing of some other address):
CamWest Westchester, LLC.
c/o CamWest Development, Inc.
9720 NE l20lh Place, Suite 100
Kirkland, Washington 98034
Attention: Sara Slatten
15.1.1.3 Prior to the organi7..ution of the Association, notice~ to
the Association shall be addressed as set forth above. Thereafter, notices to the Association
shall be addressed to the oflicial mailing address furnished by 'Written notice ITom the
Association. In addition, from and after the organizational meeting, notice of the address of
the Association shall be given by the Board to each Owner, within a reasonable time aller the
Boord has received actual nntice nf such Owner's purchase ofa lot.
Section 15.2 Convevance: Notice Required. The right of an Cromer to sell,
transfer, or otherwise convey his or her Lot shall not be subject to any right of approval,
disapproval, first refusal, or similar restriction by the Association or the Board, or anyone
acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the
purchaser, the title insurance company, and the closing agent of the amount of unpaid
assessment~ and charges outstanding against the Lot, whether or not such information is
requested.
Section 15.3 Successors and Assigns. This Declaration shall be binding upon and
shall inure to the benefit of the heirs, personal representatives, successors and assigns of
Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees
of the Member.
Section 15.4 Joint and Several Liability. In the case of joint ownership of a Lot,
the liability of each of the Owners thereof in connection with the liabilities and obligations of
Owncrs, set forth in or imposed hy this Declaration, shall be joint and several.
Section 15.5 Mortgagee's Acceptance.
15.5.1 This Declaration shall not initially be binding upon any Mortgagee
of record at the time of recording of said Declaration but rather shall be subject and
subordinate to said Mortgagee's Mortgage.
11119M 11:5) AM -30-
15.5.2 Dedarant shall not consummate the conveyance of tide of any Lot
until the Mortgagee of the Lot shall have accepted the provisions of this Declaration and made
appropriate aITangemenl~ for partial release of the 1.01 from the lien of the Mortgage. The
is~uance and recording of the first such partial release by said Mortgagee shall constitute its
acceptance of the provisions of this Declaration and the status of the Lots remaining subject to
its Mortgage as well as its ackn{)wledgment that ~uch appropriate arrangements jilr partial
release of Lots has been made; provided, that, except as to Lots so released, said Mortgage
shall remain in full force and efl"ec1 as 10 the entire property.
Section 15.6 Severability. Thc provisions hereof shall be deemcd independent and
severahle, and the invalidity or partial invalidity or unenforceabiEty of anyone provision or
portion thereof shall not afl"ttt the validity or enlbrceability 01" any other provision hereof.
Section 15.7 Construction.
construed to effectuate its purpose
maintenance of the Property.
The provisions of this Declaration shall be liberally
of creating a unifonn plan for the operation and
Section 15.& Captions. Captions given to the various articles and sections herein
are for convenience only and arc not intended to modify or affect the meaning of any of the
substantive provisions hereof.
Section 15.9 Efl"ective Date. The Declaration shall take effect upon recording.
IN WITNESS WIIEREOF, Declarant has executed this Declaration on the day and year first
herein above written.
DECLARANT:
1ll1'll<Jo'iUJAM
CAM:WEST WESTCOAST, LLC.,
a Washington limited liability corporation
By~cc.~==""~~~c.cc--------Eric H. Campbell, Its Member
-31 -
STATE Of WASHINGTON )
) ss.
COUNTY OF KING )
I certify that [know or have ,atislactory evidence lhal ERIC H. CAMPBELl. is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person "'<IS authorized to execute the instrwnent and
acknowledged it as a Member ofCAMWEST WESTCOAST, LLC., a corporation, 10 be the
free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated this __ day of _________ ., 2004.
11119104 11 ,5] AM
(Signature ofNolary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state ofWashinb>1on,
residing at C;;;;;;~:p;;;;;========== My appointment expires
-32-
•
EXlIll31T A
Legal Description of the Property
•
111191(14 11::;3 AM
•
DEVELOPMENT PLANNING erN OF RENTON
NOV 2 ; 2004
RECEIVED
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Closing Distance:
BOUNDARY
277725.13
330'1.';B
381 "08' 15"W
0.0109
CO·.lrsc Oat.,: (M,p~h~ck r."raug~ Radius foints MetnodJ
Point Northing
Begin 9244.2582
9247.5184
9395.2028
9398.5541
9386.5855
9384.5730
8805.62S9
8805.44B2
8885.~650
8804. ~6S3
8962.6953
8961.2369
8888.9891
8887.9004
8801.9037
8800.1078
8800. n49
8878.6799
9388.2015
9331.U244
8nd 92';4.2599
Error 0' Closure
Departllre in Y (Northing) :
Departure in )( (Easting) :
LOT Nl.tE:
Lo~ nrea (Square Feet):
Lot Perimeler:
Closing Direction:
Clo~inq Distance:
Easting
10182.9417
11035.4507
11036.7431
11289.2704
11289.4311
11139.1446
11133.9967
11118.4978
ll119.2092
11032.2858
11032.9695
10905.7279
10905.0956
10810.1019
10809.3493
10652.7196
10653.3985
10527.3768
10531.6998
10784.2238
lC782.9"25 , , 302503
-0.0017
-0.0108
LOT 1
~·191.H
311. 94
lU3·H'lG"W·
0.0046
Direction
N89'15'37"E
NOO030'05"E
N39"U'53"E
SOO'46'02"E
S39°13'53"W
500°30'34"1'1
S89"20'35"W
NOO"30'34"E
S89°20'35"W
NOO'30'05";':
8B9'2D' 36"W
SOO·30'0,"W
S89"20'3,"W
SOO'30'05"W
S89"20'35"W
NOO"29'10"E
S89'20'35"W
NOQ"29'10"E
NB9"10'41"F.
SOO'29'37"~'
Course Data: (Marcheck Through Radius Points Method)
DEvEtC)PIlII)JIT PLANNING Northing
CITY OF RENTON
Easting DireGtio~
D~te: 11-19-04
Time: 10:44:24
Page: 1
Distance
252.53
147.69
252.55
12.00
150.30
578.97
15.50
80.02
86.93
78.23
127.2,
72.25
95.00
86.00
156.64
80.02
126.03
"09.54
25::>.';5
147.57
[lista~ce
D~te: 11-19-G',
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.LOT NAME:
[,ot Area I Square Feet) :
Lot Perirr.eter:
Closing Dire~tion:
Closing Distance:
LOT 4 REVISED
7330.40
374,06
517°13'12"~
0.0055
Course D~ta: (Mapcheck ThrougtJ Rartius Points Method)
POLnt Northing
Beqln 9069.5086
~~70.5n6
9127.5755
CC 9126.5591
" 9177.2'iUl
Curve Direction:
Radial In:
P.O.C Arc:
D.O.C Cho~d:
Radius:
De 1 t~ angle:
Tangent length:
Arc le:lqt.~:
Chord Direct.ion:
ClwLd leng~h :
Exlernal:
Middle ordinate:
Racthl Out:
Point Northi~g
"' 9111.0139
~094. 0<'30
E:ld 9069.5139
Enor M Clo311re
Dep<>rture '" , INorthinq) :
Departure '" , IE~stingj :
LOT NAME:
Lot Ar~a (Squ~re Feet) :
Lot Perimeter:
Closing Dircctio~:
Closing Distance:
Easting Direction
10654.9855 N89°30'50"W
10528.9900 NOO'29'lO"<::
10579.4736 S89'30'~D"E
10649.279)
10705.097~
CO.
N48°09'25"E
75'23'21"
8<'16'4>"
76.00
18'48'22"
12.59
24.95
S51"H'46"E
2<.83
1. 04
1.02
S29"21'03"W
Easting DireclLon
10668.6456 S39'11' 5q"~'
1065',.1%1 SOO";>9' lO'''H
10654.9839 , , 67805
-0.0053
0.0016
1,0'1' 5 REVISED
5918.16
336.78
S59°36'31"W
0.0048
Cour~e Data: (Mapchecl< ThL'ough Radiu, Points Method)
Point
Regin
Ct:Tve
NorL:"l.Lng
9126.5590
9127.5755
9183.5735
9182.7251
9177.9052
917-1.2601
Di~ection:
Lasting Di rer.ti en
10649.2831 N89"30'50"W
10"~.9.~7·14 NOO"29'lO"E
10519.9525 S89°30'50"E
10629.9~89 300"29'10"01
10629.9080
10705.905J
C~
Distance
126.00
57.00
119.81
Distance
71 . 28
25.01
Distance
1~9.81
56.00
100.00
4.82
Po~nl
'oO
Radial In:
D.O.C Arc:
D.O.C Chord:
Radi.us:
nelt~ ~ngle:
1~ngen-:: length:
r.rc length:
Chord DireClion:
Chord length:
ExLerual:
Middle ordinate:
Radial Out:
NorthLng
9126.5614
Error of Clos~re
Deparcure in Y (No~thing):
Depiln;ure in X (Easting):
LOT NAME:
Lot Are" (Sqllare Feet) :
Lot Perimeter:
Clo3inq lliL8CtiOll:
Closing Dista:lce:
E""ting
10649.28n
1 : 70816
-8.0024
-O.OO~l
S89°}0'50"E
75°23'21"
82°16'44"
'16 . 0 C
42°19'45"
2 'l. 42
56.15
S20"10'12"E
54.88
5.50
5.13
S48"09'2S"W
DiLectlon
LO!' 6 REVISED
5906.12
312.47
NOY56'45";'
0.0019
Coune Data: (Mapchcck ThrO'lgr. Radius Points Mothod)
Point Northing Easting Direction
Ileqin 9247.4191 10607.3426 N89°30'50"W
9248.0'lll lO~30.4904 SOOo29'lO"W
9183.'1'134 10529.9481 S89°30'50"E
91B2.7250 10629.9445 NOO029'10"E
" 9200.5H4 10630.0%7
" 9200.7565 10605.0966
Curve Direction: em
Rarihl Tn: N89°3U'50"W
D.O.C Arc: ?2~o10'59"
D.O.C Cno~d: "I' Raci~s: 25.00
Dolta angle: 46°~B'01"
Tangent length: 10.86
Me length: 20.49
Chord D.i.rectLon: N22'59'51"W
Chord length: 19.92
External: 2.26
Middle ordinate: 2.07
RacHal Or:: : N43°31'C4"E
POiIlt Nort:~iIlg Eas~ing Direction
cec 9218.8851 10622.3116
cc 9255.1423 ]0656.'1414
C,,:::ve DireClio'l: " Rddidl In: NO"31' 09"E
n.o.C Arc: IH"35'30"
D.O.C Chord, 180°00'00"
RadLus: 50.00
Delta angle: 37'35'22"
Di8tance
DLsldnce
76.85
64.50
100.00
17.82
Distanc~
Point
End
TaI'gent length:
Arc ler.gth:
Cho~d DireGtio~:
Chord length:
E"t~rnal :
Middle ordinate:
Radial Out:
Northing
9247.4142
Error of Closure
Departure in Y (Northinq):
Departure in X (Easting):
Lor NAME:
Lot Area (Square Feet):
Lol Perimeter:
Closing Direction:
r~s::i~g
106C7.3423
1 : 63425
0.0049
0.0003
17.02
32. Be
N27°41'10"W
32.22
2.82
2.67
581°06'31"\\1
[)i ree::; O~
LOT '1 REVISED
4439.71
272.86
537"06'04"\<1
Course Data: :Mapc~eck Th:::ough Radlus POlr.ls ~ethc(l)
Point Northinq
eo 9247.4191
ce n55.1472
CULve lJirection:
Radidl In:
D.O.C Arc:
[). O. C Cnord,
Radius:
Delta angle:
-rcmgent \engt~:
'co length:
Chord Direction:
Cr.ord lengtr. :
External:
M.Lddle ordinale:
Radl~l Out:
Point Northing
" 9289.7412
9302.6171
9383.2640
9210.0759
End 924"1.4239
Lrror 0' Closure
Departure '" , (Northing) :
Departure '" " (Easting) :
LOT NA.'!E:
Lot Area (Sguar.e Feet)
Lot Perimeter:
Closing Direction:
Closing Distance:
Eastir.q Direction
lO60"'.34n
10656.7418
" N81"06'31"L
1~4·35'30"
180·C·0'00"
50.00
52°40'14"
24. "5
45.96
N17"26'38"E
Easting
10620.6412
10607.2045
10538.%73
10530.4990
10607.3463 , , 44%1
-0.0048
-0.003"
LOT 8
6542.32
324.12
N08°57' 32"£
C.OU03
14 . 3 6
5.79
5.19
N46'13'15"W
Direction
N46"13'15"W
N~9°30'50"W
SOQ"29'lJ"W
S89"30'50"E
Course Data: (N3pchcck ThrOl.lgh Radius ~oints ~lcthod)
Dis~~~ee
Distance
Distance
18.61
76.24
55.19
76.85
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Point Northing
Begin 9243.2558
9211.2582
9306.29~8
9305.2022
K 929C.341f)
" 92',5.1436
Curve ~irection:
Radial In:
D.O.C Arc:
D.O.C Chord:
Radius:
Delt<1 angl~:
TanQent length:
Arc lengl":
Chord Directio~:
Chord length:
Exte~n~l:
:4iodlG oroinat.e:
Raoial O"t :
Point Northing
l:;nd 9243.2571
<error 0' Clos~re
Departure in , (NorLlling) :
Departure '" , (F:asting) :
LDT NAME:
Lot A'''d (Square Peet)
[,ot Perimeter:
Closing Direction:
Closing Distance:
EdSLLOg
10705.1071
10782.9406
10783.4751
10707.2430
10692.2,98
10656.7378
Easting
10705.3J32 , , 5129"
0.0036
0.0039
LOT 13
6094.23
Direction
NB9"15'37"E
NOC'29'37"E
S89'10'41"W
S45'15'16"W
~
S45"lS'16"W
114°35'30"
"" "0.00
58°30'U"
28.00
51. 05
S15"29'37"t;
48.87
7.3l
6.38
S76°H'30"E
Direction
307.72
N89'20'08"E
0.G071
Course Data: (Mapche"k Throllgh Radius Points Method)
l'uiILl
Begin
Ncrt.~i~g
9143.2608
9143.7528
9243.7445
9243.2557
9255.>4n
Curve Dire"t~on:
Radl.~l In:
D.O.C Arc:
D.O.C ChQrd:
Radius:
Delta angle:
Tangent length:
I\o:c length:
Chord ~lrectlnn:
Chord length:
Exlernal:
Mlddle ord.i.nale:
Eas1'.ing
10706.3403
1D744.4471
lC743.~566
10705.2997
10656.7344
Direction
N89°15'37"E
NOO'44'22"W
SU9015'37"i,
C.
,,76°14'30"W
114'35'30"
HO'OO'DO"
50.00
43'45'16"
20.08
38.l8
S35°38'08"W
37.26
3.88
3.60
Distance
77.61
62.04
16.24
21.11
Distance
Di"ldOCe
38.ll
lOO.UO
37.86
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Error of Closure
9144.3985
9143.7529
Departure in Y (Northing):
Departure in X (Easting):
LOT NAME:
Lot Area (Sq~are Feet) :
I,ot Perirnet"r:
Closing UireclJ.uCl:
CIOSLflq DlstanCe:
10794.4582
10711 .';~2r,
1 : 618836
-O.OOOG
-0.0005
LOT 15
5001.14
300.02
N90°CO'CO"1:
O.COOO
889"15'37"W
Course Data: IMapcheck Through kadius PoinLs Method)
POLnl: Northinq
3egLCl 914l,.J~86
9145.0442
9245.0359
9244.3Q03
F.nd 9144.3986
Error cC Clo~me
Departure '" , (Northing) :
Departure '" , (Eusting) :
LOT NAME:
1.ot Are~ (Square Feet):
Lot Perimet~L:
Closing DLrection,
Closing Dist~nce:
Eo.sting
1079_,4598
1084<.4656
10843.1746
10793.1688
10794.4598 , , C
0.0000
0.0000
LOT 16
5001.14
3CO.02
N90'OO'OO"E
0.0000
Direction
NB9°1S'37"E
NOOO44'Z3"W
S89'lS'37"W
SOO"44'23"E
Course Data: (MapcheG~ ~'hrough Radius POLnts Method)
Poin" Northing
Begin 9145.0442
9145.6898
9245.6~1~
n45.03~9
Ceo 9145.0442
Error "' Closure
Departure '" , (Northinq) :
DepartULe "" , (Easting} :
LOT NAME:
Lot Area (Square Feet):
Lot P~rirneter:
Clo~Lng DirectLon:
Closing Distance:
~"3ti:lg
10844.4671
10894.4129
10&93.1819
1C&43.1761
10844.4671 , , 0
0.0000
o.oooe
LOT 17
4990.93
297.71
S54°25'22"W
0.0034
Dlrectlon
N89°15'3,"E
NOOo44'n"w
~;89°15'37"W
500°44'23"];
50.01
Distance
50.01
100.00
50.01
100.00
Distance
~O.Ol
100.00
50.01
100.00
Course Data, (Mapcheck Ti1~ougi1 Radil:s Poin~s Me~hod)
Point Northing
Begin 9145.6899
" 9146.1884
" 9171.1863
Curv~ C~rectio",
Radial In:
D.O.C Arc:
c.o.c Chord:
Radills:
Delta ~ngle:
Tanqent lengLh:
'co 1e"qt:~:
Chord Direclion:
Chord lengt.h:
Ext.e>rnal:
Mlddle ordinate,
Radial Out:
Point Northing
" 914".0873
9246.3792
9245.6835
~nd 9H5.6Cll9
Error " Closure
Depart\lre '" , (Northing) :
Dcpart.llrc '" , (Easting) :
LOT NAMIO:
Lot Area (Squdre Feel):
lot Perimeter:
Closing Direction:
Closinq Distance:
I>astinq Direction
lOU9~ .1711 N89°1S'37"E
10333.0SP
10932.758<
'" NOO044'23"W
229°10'59"
'I' 25.00
27°08 '11" ".0,
11. A4
N75"41'31"E
11. 73
0.72
O. 10
S27°52'34"E
Eastir.g Directlon
i0944.4175 NOO<44'23·'~'
lO~43.1nY SB9°15'37"W
10893.1861 SOO"44'23"E
10091.4771 , , 88699
-0.0020
-0.0027
LOT 18
5961.36
338.12
N79°09'~9"t:
0.0045
Cou~s" D~t:~: (Mapchcck Through Radio" Points Method)
Point
Begin
Nonhing
9149.0873
9246.3292
9247.5203
9244.1804
31n.T!30
9123.82~3
Curve Direclion:
Radial In:
Tl.O.C ~"c:
Tl.O.C Chord:
Radius:
Uelta angle:
Tangent 1e:lgth:
Arc len~tn:
Chord Direct.ion:
Chord l"ng~h:
External:
Easting
10944. H61
10943.1906
llC35.H29
11035.4137
11002.8n2
1099Q.qO~5
Direction
NOOoH'?3"W
NB9"15'37"E
~0003C'05"1'1
S24'24'38"W
'" S13"47'43"W
1l,035']0"
180°00'00"
50.00
64°37'~8"
31. 63
56.40
871°28'44"1'1
5].46
9.16
Distance
38.61
Distance
91.25
50.01
100.00
Distance
q I • ~5
92.26
3.34
7U.65
Point
Coo
Middle ordinate:
Radial O'~t:
NorthIng
9155.3914
9171.1855
Curve Direction:
Ra:iial In:
D,O.C IIrc:
D.O.C Chord:
Radius:
Delta angle:
Ta"gen~ leng~t-.:
Arc length:
Chord Dlrectio~:
Chord length:
Ex~ernal:
Mlddle o"dinate:
Radial Out:
Northing
9149.0365
8rrQ~ of C18sure
Depdrlure in Y (Northing):
Departure in X (Easting):
l,QT NIIM~:
Lot Area (Square Feet):
Lot ~erimeter:
Closing Direction:
Cl os [r.g Distance:
Easting
10952.1366
10932. 75~_6
Easting
10944.4417
1 : 74854
0.0008
0.0044
7.74
N50"50'lS"W
Dircc"io"
" )J50050'lo"Joi
229°10'59"
"i'
25.00
22 0 57'41"
5.08
10.02
S50038'3S"W
9.95
0.51
0.50
S27°52'34"E
Direct~on
LOT 19
9334.13
550.3~
N38°55'28"E
O.007H
Course Data: (MapchecK, TbLough Radius Points Method)
Point
Begin
Nor~hing
9172.3799
9244.1813
9383.2060
9383.9019
9250.4"101
9250.4701
9159.7644
9123.8161
Curve Dlrectio~:
Ra.-:l,~l Tn,
D.O,C Arc:
D.O.C Chord:
l{adiu3:
Delta angle:
Tangent length:
Arc le:lgth:
Chord Direction:
Chord length:
External:
~iddle ordLnale:
Radidl OLtL:
Easting
11C02.SJ17
11G35.4182
11036.6318
11080.8302
11087.6624
110G6.8224
ll025.6564
10990.9041
Direction
N24'24'38"~
NOO"30'05"E:
N89°13'S8"F,
SOU'30'05"W
NgOoOO'OO"1>
824'24' 38"W
ca
844°01'51"1>
114°3'1'30"
'/A
50.00
3Go14'OS"
13.51
26.39
t;6~'05'13"Joi
26. OR
l. 7~
l. 73
N13°17'43"E
Dista"ce
Distance
Oistance
78.85
139.03
52.20
133.H
20.84
99.61
Point
Lna
Error of Closu~e
NorthL,g
9172.3"138
Dep~T1:llr~ in Y (Northing):
Dcpar"ur~ in X (Easting):
LOT NAME:
Lot. Area (Square feet):
Lot. Perimeter:
Closing Direction:
Clo,i:lg Dl3~ance:
Easting
11002.8268
1 : 70687
0.OU61
C. OC'; Y
LO"!" 20
6726.64
368.13
Sl1"20'12"W
0.0039
Course Data: (Mapchcck Through Radius ~oints Method)
Dire~t~o" Distance
-------------------------------------------------------------------------------
Foint Northing
Begin 9250.4731
9383.9DUO
9384.5816
925C.~770
'"' 9250.4770
£~ro~ oC Clos"r~
DRpartL:re '" , (C::ort'liLg) :
Departure '" , (Easting) :
T.OT NAME:
Lot Area (Square ],"eel):
Lot ~erimeter:
Clnsing DirQction:
Closing Distance:
Easting
l108"I.6655
11088.8332
11:;'39.1387
11:3·1.9463
11087.666] , , 93740
-C.OG3~
-o.OGOe
LOT 21
~~84. )8
187.11
N42°21'OD"E:
0.0039
DiLecllon
NOOo30'G5"£
N89°13'58"£
$00'30'34""
N90000'OO'''~
Course Data: iMapcheck Through Radius Point3 Method)
PO.LllL Northi:lg
Bequl 9250.4"131
9250.4731
9195.4724
9195.4724
'"' 9250.~702
ELroI M Closure
Departure '" , {Northing) :
Departu:ce '" , iEa5liIlq) :
LOT NA.'-!L:
Lot Area (Square Feet)
Lot PerimQter:
C10siIlg D.Lreclion:
Cl osi ng Dist.ance:
E~.,ting
11137.9423
11066.8223
11041.8607
11l37.4507
111..)"1.9397 , , 72658
0.0029
0.0026
LOT 22
5206.26
303.55
N32°51 '36"E
0.U052
Direction
N9000C'OO''W
S7.4°24':)3"\'/
N90"OO'00"E
NOO·30'34'·r.
COluse Dala: {M~pc:heGk Through Radius Point" Method)
Dir,t~ncc
133.44
5D.31
134.11
5G.28
DlsLance
71.12
60.40
95.59
55. DO
------------------------------,------------------------------------------------
~oint Northing Easting Direction Distance
Begin
Point
COO
9145.4731
9145.4731
9195.4711
919',.4111
9159.7662
9123.8179
Curve Direction:
Radial Tn:
lJ.O.C Arc:
D.O.C Chord:
Rartius:
Delta angle:
Tangent lenqth:
Arc lengtM:
C:~ord Direction:
Chord length:
External:
Middle ordinvte:
Rad;al Out:
NOT~hing
9145.1687
Error of Closure
Departure Hl Y (Nor~lanq):
Dep"rture in X (Eils:ing):
LOT NA..'1E:
Lot Area (Square Peet):
Lot Perimeter:
ClosLng DireCClon:
Closing Dista~ce:
11035.9783
1113"1. DCS3
11137.4523
11041.S629
11Q25.6585
10990.9062
Easting
J.1035.9755
1 : 58594
0.OD~4
0.OC28
N90"OO'OO"E
NOO"30'34"E
N90"OO'OO"W
S24°24'3S"W
'" S44°01'S1"W
114°35'30"
"" 50.00
20"lS'36"
8.96
17.72
S35'4S'51"E
1 7.63
0.80
0.78
N64"20'27"E
Direction
LOT 23
5065.07
313.66
S2l'25'n"E
0.0036
COUL5e Data: {Mapc:heck Through Radius Points Method)
Point
CC
"
Nor~hing
9092.80A2
9123.8223
CQ"ve Direction:
Radial In:
D.Q.C Arc:
D.O.C Chord:
RaJiu$ :
Delta angle:
Tangent lenqth:
'co length:
Chord Dirccticm:
Chord length:
Ext.ern~l:
Middle ordinate:
Radial Out:
Northing
9l4~.4n1
9145.4731
Easting Dj recti on
11030.1281
10990.9091
CCW
N5l"39'10"W
114'35'30"
'" 50.00
~3°59'~5"
31. 24
55.85
N06'20'19"E
52.99
8.96
7 . fiO
N64°20'27"E:
J::astinq Direcoio:l
1l03~.9IB1 N90·00'OC"E
11137.00S4 SOO'30'34"W
101.03
50.CO
9S.SQ
39.21
Distance
Di ,t~nce
DihLaI:c~
101.03
50.32
Error of Closure
9095,15'51
9092.8115
Departure in Y (Northing):
Ceparture in X lEils-:ing):
LO'!' ~A.'!E:
Lot Area {Square Feet)
Lot Perimeter:
Closi~g Dl.rectinn:
Clo3ing Di$lanc~:
llUf> • .%lO
1l030.i268
1 : 88043
-0.0033
O.C013
LOT 24
5916.G7
349.07
S38°19'19"'E
II .(len
S88°44'19""
Course Data: (Mapcheck Through Radius Points Method)
Point Nart.~ing
Begin 8962.1187
ec 9074.2188
" 9123.8"03
Curve DHectlon:
R"c!i~l In:
D.O.C Arc:
D.O.C Chord:
Radius:
Dolta angle:
1'~ngent 1 ength:
Arc 1enqth:
Chord Direction:
Chord length:
~xterna1 :
M~ddle ordinate:
Radial Out:
['oint NorUling
"' 9092.8063
9092.9130
8962.6987
End S962.120~
Error "' C1Gsur"
Departure '" , INorthing) :
Departure "" , (Easting) :
LOT N~E:
LoL Area (Square ,eet)
LOl Per~meter:
Closing Direction,
Closing lJigtaILce:
;casting Direction
10982.49B4 N01"04'42"E
10984,6084
1 Cq90, 9088
CO"
N07°14'20"'E
114°35'30"'
180·00'CO"'
50.00
58"54'08"
28.23
51. 10
N67°47'H"~
4 9.17
7.42
6.46
S51°39'48"E
ECdSti:lg DirectH,n
1l030.~277 N88'44'19"£
11031.9766 SOO"SJ'24"W
11032.9537 S89°20'36"W
lO~a2.~9'iO , , 158711
-0.0017
O.OOH
LOT 25
22588.01
7B2.06
S39°~2'~d"'F,
G.G10';
Course Data: (Mapcheck Through Radius Points Method)
Point Northing Pi rect ion
106.46
Distance
ll2.12
Distance
4.85
i30.23
,>0.46
nistance
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Curve ~irCGtiGn:
Racial In:
D.O.C Arc:
D.O.C Chord,
Radius,
Delt.a a:lgle:
Tangenl length:
Arc length:
Chord Direction:
Ch~rd l<mg~h:
External:
Mirtrtle ordinate:
Radial Out:
Northbg
QO·!3.15B5
9838.6lCO
Error of C10suLe
Dep~rture in Y (Nort.hi:lg):
Departure i~ X (F.a~ting):
LOT NAME:
Lot Area (Sq:lare Feet),
Lot PerLmeter,
r.lo~i:lg Dircc,ion:
C10sinq DisLance:
Eas"";ing
10811. 7479
10811.4013
1 : 4SS n
-0.C032
0.OO~5
ce,
800"44'23"£
229°10'59"
'" 25.00
88'15'32"
24.46
38.73
544·52'51"1'1
34.97
9.98
7.13
N89°29'55"W
Direction
500"30'05"W
LOT 29
4803.46
295S1
S55°56'18"W
0.0101.
Course Data: (Mapcheck Through Radius Points Method)
POlnt Northing
Il"gin 8987.9183
8989.0647
9C27. ~O12
9032.6727
9038.6127
9038.6120
End 8987.9748
Error 0' Closure
L>epartur~ u , (Northinq) :
Departure i n , (B~sting) :
I.OT NAMF.:
Lot Area (Square ,eet):
Lot Perimeter:
Clo~,ng Dir~ction:
Closing Dist.ancc:
Easting
1C810.962B
10910.9467
10911.4689
10886. "1753
10886.7747
10811.4147
10810.9712 , , 29286
-0.OG57
-0.OQ8~
loOT 30
4886.~7
299.86
No4°34'5G··E
0.0054
Direction
N89V20'35"~
NOO"46'S2"£
N77 9 5o'')A"W
NOO"OO'20"W
S89°59'5S"W
SOOo30'OS"W
Course Datd: (Mapcheck Through Radius Points Method)
Point
Begin
No< lhLng
8937.9099
8938.9391
Eastinq
1~8l0.5251
l0905.~lS9
Direction
N83'20'35"E
NOO o30'05"E
Ui~tance
39.55
Distance
99.99
38. 3~
25.25
5.94
I~.%
50.69
Distance
95.00
22.2~
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Point
" '"'
External:
Middle OTdinate:
Radial Out:
Northi:lg
9076.5322
9Oll.4516
Error of Closure
Departure in Y (NorthiClg):
Departure in X IEastLnq):
LOT NAME:
Lot Area (Square Feet):
l.ot Perirr . .,tQr:
Closing Direction:
Closing Distance:
10.74
7.51
S89·29'5S"E
EastL1<J
10769.7401
~0769.17~6
1 : 58898
C.0036
-0.C034
LOT 33
5D08.52
290.37
S13°H'l1·'W
D.0047
Dire~tion
3000 30'05''W
Course Data: (l-\~pcheck "Through Radius Points Method)
~oint Northing
Begin 9012.4308
9011.9670
9101.J036
" 9101.2639
" 91n.2576
CUTve Tlir<>ctio:l:
Radial In:
D.O.C A>:c:
D.O.C Chord:
Radius:
Delta angle:
T~ng~nt lcngt.h:
Me lenqth:
Chord Direction:
Chord lenqth:
8xternal :
Middle o~dinate:
Radial Out:
Foint Northing
" 9111. 01.13
9094.5225
'"' 9012.4354
Error "' Cl osu re
Departllro '" , {Northing) :
llepart·~r" '" , IEast~nq) :
1.01' NAME:
Lot Area (Square Feetl:
Lot Ferimeter:
Closing Dir"~tion:
Closing Distance:
E~sting Direction
1 C6S4 .5~13 S89°30'oO"E
10709.1693 NOO"30'05"F;
10709.95il S89°15'37"W
10706.8814
10705.9002
'" NOO044'23"W
75°23'21"
82"U;'44"
7~. 00
30°05'26"
20.43
]9. ~l
N75°41'4U"W
39.46
2.70
2 • 61
529°21' 03·'W
Easting Direction
10668. 6~84 S39'l1'59"W
10655.1988 3000 29'lO"W
i065~. 5021 , , 61269
-0.0046
-O.DOll
L01' 34
5734.33
329.35
N89'29'CO'''N
0.0033
Cour~e Dala:(Mdpcheck Through Radius Points Method)
Distance
65.08
llistance
54.67
89.34
3.07
Distance
21.28
82.09
Point Northing
Begin 8962.4224
8961.4496
90ll.45'11
9012.4306
Ceo 8962.4224
E::-ror " Closure
Departure 'e , (Northing) :
DGparturc '0 , (Easting) :
[.or NAME;
Lot I\rea ISquare feet):
Lot ~erimet~r:
Clos~"q DHeclion;
Closing Distance;
Easlinq
IG654.0"/·11
lO76S.7330
10769.1706
10654.504"1
10654.0804 , , 98754
0.0000
-C.OC33
.LO'· 35
5733.r6
329.32
S8g·.i1"~"E
0.0067
Direction
SB9"30'50"E
NOOo30'05"E
N89"30'50"W
SOC"2g' 10"~'
Course Data; {Mapcheck T~'Lough Rad~us Points l>!e~hod)
Point North~ng
Begin $912.U40
B91L~414
8961.449S
8962.4223
Coo 8912.4141
ELror M Closure
Departure , ° , INoxthin'i) ;
Departure in , IEasting) ;
LOT NAME:
Lot Area ISquare Feet)
Lot Perimeter;
Closing Direction:
Closing Dist~nG~:
Ea~tin~
10653.6529
10768.2888
10768.7264
10654.0705
10653.6462 , , 49411
-0.COO1
0.0067
LOT 36
',732.99
329.29
N89°29'OO"W
0.0033
Direction
S89°30'50"~
NOO'30'05"E
N89°30' 50"W
SOO'29'lG"W
Course Data; (Mapcheck ·Ihrouqh Radius POinrs Melhod)
Point Northing Easting Direction
Ilegin 88"2.405,, 1C653.2287 S89'30'50"E
8861.4331 10767.8516 )l00"30'05·'E
8911.4411 107GB.2922 N89°30'50"'1l
8912.4138 1 0653. 65('3 500"29'10'·W
Coo 8862.40~6 106~3.2320
Error ,,' Closure , , 98736
Deflarture '0 , (Northinq) : 0.0000
CeD8rture "" , (Ed5L.i.ng) : -C.OC33
Lor NAMI::; l.or 37
Dis~ance
114.66
50.01
114.67
50.01
Dietancc
ll4.64
~O.Ol
114.66
~O. 01
Distance
114.63
50.01
111.61
50.01
Lot Area (Square Feet):
Lot Ferirreter:
Closing Direction:
Closl~g DlsLance:
688l.81
341.34
S38'35'S4"E
0.0045
Course Data: (Marcheck Tnrough Radius Points Method)
Point Northing
Begin 880:;'.1124
S8GO.1089
8862.4066
8861.13~1
" eS2S.92S5
" ee?6.1442
Curve Direction:
Radial In:
j) .0. C Arc:
D.O.C Chord:
Radius:
Cclta angle:
·tangent length:
A~c length:
C~lQrd llirec~ion:
Chord len~th,
~;c.,rnill :
Middle ordinate:
Radial Out:
~oint ~orthing
F.nd 8801.1459
Error GO ClosOlrc
DeparLUre w , (North~:lgl :
Departure '" , (F.~stingl :
LOT NJI.M~:
l,ot ilrea (Square feet):
Lot Perimeter:
Closing Direction:
Closing Distance:
Eastjn~ Di yection
10742.B311 S89°20'35"W
10652.697C NCOo29'10"~
10653.22S6 S89°JO'SO"E
10·i61.851~ SOQoJO'05"W
10·167.540·)
10742.5417
" NB9°29'55"W
223°1U'S9"
~!A
25.00
B8°50'30"
2LSO
33.76
S44'55'20"W
35.QO
10. CO
7.14
SOO'39'2~"E
E~"ting Direction
10742.B283 , , 76551
-0.003"
0.0028
road-east
11540.3',
1067.4'-
S55·05'O~"W
0.0035
Course Data: (Mapcheck Through R,,(iiu~ Point.s Mothod)
Point
Begin
North1Ilg
8801.6641
9l23.3S18
9125.9306
9123.8208
9074.2193
9123.8208
CQrve Direction:
R~dial In:
D.O.C Arc:
D.O.C Chord:
Radius:
10788.3320
lC791 . .i471
10990.SS0S
10990.9077
1098';.6074
10990.9077
CW
DiLectio:l
NOO'30'05"jC
N89"lS'37"E
SOO'H'23"E
S07"i4'20"W
N07"14' 20""
114'35'30"
18U'OO'OO"
~O.OO
Dist~nGC
90.14
62.30
114.63
35.51
Distance
32l. 70
199.75
2.11
50.00
•
Della angle:
Tangent length:
Arc le:lqth:
C)1ord Di~~ction:
Chord length:
External:
Mldole onli n"t~:
Radial Out:
Point North~ng
eec 909,. C,03
ec 9079.1500
Curve D~recti on:
Radi~l In:
C.D.C A~c:
D.D.C C:~ord:
Rad~lls:
Delta angle:
Tangent length:
Ilr~ le:lgth:
Chord Direction:
Chord length,
F,xte~nal :
Mi:i,ne ordinate:
Radial Out:
Point Northing
" Yl Co;. H80
ce 9102.9354
" 9Dn. 937~
C\lrve Direction:
Radial In:
lJ.O.C A,:c:
D.O.C Cho~d:
Rad~lls:
De I ta angle:
Tangent length:
MO lenqLh:
Chord Direction:
Chord lenqth:
Ext"'~nal :
Middle oydin~te:
Radial Out:
Foint Northi:lg
" 9078.1563
8B87.9036
8B01.906g
'0' 8801.6661
Error " Closure
Departure '0 , (Northing) :
lJepaLtULe Co , (EasLLng) :
LOT NAM~:
Lot Area (Square ,'eet):
Lo~ Perimeter:
Closing Direction,
46"12'18"
21. 33
40.32
N59°39'31"~'
39.21
4.36
COl
S~3°26'38"'i'l
Easting Direction
1095C.7440
10930.6622
ern
S53"26'38"W
229°10'59"
'" 25.00
54'11'01"
12.79
23.64
N63°38'52"vi
22.77
3.08
2_74
NOO'Q'23"'N
Eastlng Direction
1093G.3394 SB9°15'37"W
10836.4272
10836,7500
'" SOOo44'23"E
229°lG' 59"
"" 25.00
88°45'_,2"
24.46
38.73
S44·~2'51"W
34.97
9.98
7.13
N89°29' 55"W
Easting ~ireGtion
10811.7~10 SOO030'U5"W
liJ810.0860 SOO030'OS"W
10809.3335 S89°20'35"W
10788.3348 , , 301432
-0.0020
-0.0028
road-w~st
HOn.02
1322.44
N23"46'4J"W
Distance
Distance
93.92
Distance
190.26
06.00
21.00
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000
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DOW , , , o
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Point
" PC
"
Point
" " "
~oint
" " "
Extern"l:
Middle ordinat'"
R~diol O"t:
Northing
920C.5478
9177.89UO
9177.2538
Curve Dir~ction:
lladla1 Lo:
D.O.C Arc:
D.O.C Chord:
Radius,
llelto angl",
Tangent length:
Arc lenqth:
Chord DLreclion:
Chord I e~'Jth:
External:
Middl~ ordinate:
RadHI Out:
Northlng
9101.2601
9101. 7,48
9076.7468
Cu,ve Dir~ction:
Radial Ir.:
D.O.C Arc:
D.O.C Chord:
Radius:
Della angle:
T~ngent length:
Arc length:
Chord D~rection:
C.~ord length:
Externol:
Middle ordin«l~:
Radial Out:
Northing
907G.5281
8825.9177
6826.136,
Curve Direction:
Radial In:
D.O.C Arc:
D. o. C Chord:
Radius:
Delta "ngle:
Tangent length:
ALG lenqth:
Chord Direction:
Cnoed length:
Exlerna1 :
Mlddle ordinate:
Easting
10630.0975
1C629.9053
10705.9026
Easting
l0706.8838
10744.4206
107~4. ·1431
Easting
10769. "]424
10·167.5193
10742.5503
2.26
2.07
889'30' 50"E
Direction
SOO"29'10"W
CO"
S89°3C' 50"f:
75°23'21"
82°16'44"
76.0C
91°13'33"
77.64
121.01
~45°07' 37"E
lC8.62
32. 6~
22 .84
500°44' 23"~
Direction
N89"15'37"t:
'" SOO·{4'~3"F.
n9°10'59"
"" 25.00
91°14'28"
25.55
39.81
S~5·n·I' 09"E
35.74
10.74
7.51
se9'2~'55"E
Direction
SOO'30'O~"W
" N89°2Q'55"W
229°10' 59"
"I' ~5. 00
88°5C'30"
24.50
38.76
S44°55'20"W
35.00
10.00
7.H
Dj st,Jnce
22.65
Disldoce
37.54
Di~t.~nce
250.62
Radial O:l~:
Fc:ant
"'
Error of Closure
Northi:lg
880 ... 1381
8801.6598
Departure in Y (No~thi~g):
Depart.ure in X {F.asting):
LOT NAME:
Lot Area (Sguare reet):
Lot E-erl1neter:
Closing Di~ection:
Closing Distance:
Eastinq
107.;7.8369
10788.3339
1 : n90~2
0.000
-0.0019
TRACT A
4330.78
341.41
S69"3,'3o"E
C.Q04~
S00039'2S"E
Olrectlon
N89°20'35·'F.
Course Dat~: (Mapcheck Throllgh Radius Poim:s Method)
Point No~thing
BQgin 88·19.7664
9019.7714
9U19.5Ue4
8B80.1234 '0' SB79.7670
ErroL "' Closure
Departure '" , (Northing) :
DeparLllre "" , (EastilLg) :
LOT NAMJC:
Lot Area (Sqaare Feet):
l.ot Perimeter:
Closing Direc~icn:
Closing Distance:
Easting
10P2.,749
10623.5628
lU654. %16
106'>3.3790
10622.371 .. , , 030,7
-0.0014
0.0038
TRACT-~
3032.17
529.36
N63°22'19"W
0.C064
Daectlon
NOO"29'lO"E
889°30'50"0;
3000 29'10"W
SB9°20'35"W
COULse Data: (Mapcheck Throllgh Radius Pointe, Method)
Point Nort.hing Eas'::ing Direction
Begin ~3~5.2069 11036.7401 NB9°13'58"f:
9398.5886 11289.2675 S8Co46'02"E
938£.5897 1128~.4281 889°13'5&"W
~J83.2045 11036.6408 NOO'30'05"E
'"' 9395.2040 11036.7458
Error oC ClosuIe , , 82810
Departllre "" , (Northing) : 0.0029
Departure '" , (Easlinq) : -0.0057
D1stance
45.50
DLstance
140.01
]1. 00
139.39
31.01
Distance
252.55
12.00
252.8l
12.00
DEVELOPMENT PLANNING CITY OF RENTON
NOV 1 \ 200'1
"';ITY OF RENTON
1055S.GradyWay
Renton, WA 98055
.-----------------------,"""d.IW!4!;1¥,ED
Payment Made:
Land Use Actions
RECEIPT
Permit#: LUA04-147
1112412004 12:38 PM Receipt Number: R0406386
Total Payment: 1,000.00 Payee: Camwest Westchester LLC
Current Payment Made to the Following Items:
Tr~ns Account Code Descrirtion AmQunt
5012 OOO.345.81.00.C009 Final ~lat 1,000.00
Payments made for thIs receIpt
Trans Hethod Description I\J"lm.:nt
~ayment Check 1752 1,000.00
Account Balances
Tr~ns hccount Code Descnption Balance Due
302l
5006
5007
5008
5009
5010
5011
5012
5013
5014
5015
5016
5017
5018
5019
5020
502l
5022
5024
5036
5909
5941
595~
5955
5998
303.GOO.00.345.85
000.3_5.B1.00.0002
000.345.81.00.0083
000.345.81.00.0084
000.345.81.00.0006
000.345.8l.00.0007
000.345.81.00.0008
000.345.81.00.0009
000.345.81.00.0010
000.345.B1.00.0011
000.345.31.00.0012
000.345.81.00.0013
000.345.81.00.0014
000.345.81.00.0015
000.345.31.00.0016
000.345.81.00.0017
000.345.81.00.0013
000.345.81.00.0019
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
hnnexation Fees
hppeals/Waivers
Binding Site/Short Plat
Condi~ional Use Fees
Environmental Review
P.elim/Tentative Plat
Final Plat
G.ading & Filling Fees
Lot Line Adjustment
Mobile Home Parks
Rezone
Routine Vegetation Mgmt
Shoreline Subst Dsv
Site Plan Approval
Temp Use or Fence Review
Variance ~ees
Conditional Approval Fee
Comprehensive Plan hmend
8ooklets/EIS/Copies
M~ps ITaxable)
Special Deposits
Postage
""
Remaining Balance Due. "."
.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
· ,
.' .. '.