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. ;·1 '.\ . . &. ~ DEVELOPMENT PLANNING CITY OF RENTON MAR 042004 RECEIVED WETLAND DETERMINATION FOR SHAMROCK PROPERTY King County Washington Prepared for: Ms. Sara Slatten CamWest Development, Inc. 9720 NE 120th PI. Suite #100 Kirkland, Washington 98034 425-825-1955 Prepared by: C. Gary Schulz Wetland/Forest, Ecologist 7700 S. Lakeridge Dr. Seattle,Washington 98178 206-772-6514 July 28, 2002 I • . Introduction Project/Site Description Purpose Methodology Wetland Determination Soils Hydrology Wetland Description· Wetland Restoration Wetland Buffer Averaging Wildlife Habitat References :, .. ,0. Appendix A Data Plot Forms TABLE OF CONTENTS 1 1 3 4 4 5 s· 7 8 10 11 I ' INTRODUCTION Project/Site Description The majority of the Shamrock Property is a nursery business site that will be abandoned for a single-family residential subdivision development. The project site is comprised of several land parcels that also includes parcels that were not part of the Shamrock nursery business. These land parcels exist directly north, arid to the south (Bales Property). All land parcels, except for the Bales property, are located in unincorporated King County. The Bales property is located in the City of Renton and will not be included in the subdivision plat application with King County (Shamrock Property). The total size of the project site (Shamrock Property) is approximately 29.6 acres situated east of Renton in unincorporated King County. The property is located on the west side of 148th Avenue S.E. near S.E. 124th Street, King County (Section 10, Township 23 N., Range 5 E., WM). The subject property is situated in an area that is zoned for single-family development. The southern parcels were developed as a landscape / nursery business and includes house buildings, . sheds; and. garage structures. The north parcels were partly developed for single-family residential use. These parcels include pasture and forest areas with a mobile home ".and small . outbuildings located on the upper, northeastern portion of the Shamrock Property. project site. The project site design includes a total of 118 single-family lots clustered on the upland portion of the property. The project roadways are proposed with access from 148thAvenue S.E. Surface water runoff from new development would be conveyed .to an enhanced, open detention and water quality facility to be located south of the development (Bales property). Please refer to the attached site plan map (Shamrock Prelim,inary Plat -7/02 Triad Associates, Inc.) . A wetland drainage system exists along the lower, western side of the site; however, . most of the central and eastern portions are proposed for new, single-family development. This area has flat to moderate sloping topography. Slopes are' generally oriented east to west across the site with a topographic relief change of up . to approximately 50 feet. The natural drainage system, present within this basin, appears to flow north to south through the property. Page 1 , . The majotity of the project site is comprised of cleared, arid modified land associated with the previous use of the Shamrock nursery. Very little of the upland area would be considered as ~ natural condition. Drainage alterations combined with PCJ.st grading and filling activities are evident throughout this area. A prior wetland fill . violation is present in the western area between Wetlands A and B. The northern, upland portion of the site includes two p~cels that were not part of - the nursery. Most of the north parcel is forested with both mature conifer and deciduous trees. Native bigleaf maple .(Acer macrophyllum), Douglas fir (Pseudotsuga menziesii), and red alder (Alnus rubra) trees are present. The shrub cover includes Himalayan blackberry (Rubus discolor), saltilOnberry(Rubus spectabilis), and Indian plum (Oem1eria cerasiformis). The southern parcel includes pasture land that has not been recently maintained or used. The herbaceous groundcovei associated with pasture area includes bracken fern (Pteridium aquilinum), comnion velvetgrass (Holcus lanatus), false dandelion (Agoseris sp.), colonial bentgrass (Agrostis tenuis), and red clover (Trifolium pratense). . Much of the lower, western portion of the property is influenced by runoff and groundwater seepage. This is a basin area with native vegetation in wetland and buffer areas. A more detailed description is found in the Wetland Determination section. Purpose The purpose of this report is . to provide· the applicant a wetland determination stUdy to submit for. County comment, verification, and regulatory compliance. A pre- application meeting was conducted with King County staff on June 19, 2002. Based on . staff. comments provided at 'the pre-application meeting, a wetland study would be considered adequate for the pre)iminary submittal and to use for determining applicatl:on"conipleteness". Additional natural resource planning maybe requested. by the County for wetland restoration related to a prior sensitive area violation on the Shamrock nursery site. Professional observations are included to assist with determining natural resource classifications and functions. A preliminary, residential site design is submitted for. the subdivision perniit process. Site plan layout has avoided significant impacts iIi order to preserve existing wetland areas and the associated functions. Per County staff comments, a brief discussion of on-site observations related to red-tailed hawk use is found under a wildlife habitat section. Buffer reduction and . the related analysis for allowing wetland buffer averaging is also included in this study. Page 2 Methodology Typically defined, wetlands are ... "those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas". Through the State Environmental Policy Act (SEPA) and the Growth Management Act (GMA), the County reviews proposals which may potentially impact wetland and other sensitive areas. Because of observed site conditions, combined with jurisdictional wetland regulations, wetland presence and"extent must be determined for the permitting process. The methodology used for wetland determination was based on the presence of dominant hydrophytic vegetation (i.e .. ' plant species adapted to, or tolerant of, growing in saturated soil conditions), hydric soils, and observed wetland hydrology as described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987). The Washington State Wetlands Identification and Delineation Manual (Dept. of Ecology Pub. #96-94, 1997) was used, for consistent regional wetland determinations. The State manual was developed to address regional conditions and is consistent with the 1987 Corps Manual methodology. The three technical criteria for vegetation, soils, and hydrology are mandatory under normal conditions' and must all be met for an area to be identified as wetland. Because the site has had significant development and the wetland plant communities are distinct, the Routine On-site Determination Method was used in this investigation. Wetland data plots (8), approximately 0.01 acres in size, were installed within wetland and upland areas as a relative sampling of the property's existing conditions. ' The, associated data plot forms are included in Appendix A. King'County's Sensitive Areas Map Folio (1990) was used to review local area wetlands and streams. The Soil Conservation Service (SCS) (USDA 1973), King County Area Soil ' SurVey, was used to reference soU mapping and classification. Determination of wetland area waS based on observed plant species, topographic relief, soil prof"Iles, and hydrology. Pink and orange plastic flags were used to mark the site'S wetland boundaries and data plot locations. This delineation of wetland areas updates previous wetland flagging by others and much of the older wetland flagging (pink) is still present on the site. The previous and, current wetland boUndaries were professionally land surveyed by Triad Associates, Inc. and mapped onto a base topographic map (Shamrock Topographic Survey / Wetland Delineation, -7/02) • \ Page 3 , . WETLAND DETERMINATION Altmann Oliver Associates, LLC conducted a wetland delineation on the Shamrock Property. This delineation work included the entire project site and Triad Associates, Inc. surveyed the wetland boundaries. Gary Schulz, Wetland Ecologist conducted a separate field investigation to verify the previous wetland delineation and provide revisions or recommendations. Minor wetland boundary revisions were mapped for the project submittal. Field investigations for this wetland study were conducted during July and August of 2002 to delineate the portions of wetland areas. existing on the Shamrock Property (See Attached Maps). Two wetlands (A & B) are identified along the west side of the property and are within the natural drainage corridor that runs from south to north through the property. A third wetland (C) is located on the north boundary as an isolated depression. The older wetland flagging (Altmann Oliver Associates) was verified during the field work and left in place. In general, the previous wetland delineation was found to be accurate and is incorporated into this updated determination and survey. Most. of these boundary revisions are minor and located around Wetland C (Flagged in the field as "D"). To supplement this study, eight wetland data plots were installed and this information is found in Appendix A Soils .. The SCS (USDA 1973) Soil Survey -King County Area has mapped two soil series on the subject property. The soil map units are Alderwood gravelly sandy loam -0 to 6 percent slopes (AgB) and Alder:wood gravelly sandy loam - 6 to 15 percent slopes (Age): The Alderwood series is cOinprised of moderately, well-drained soils associated with a . glacial till at depths of 20 to 40 inches. These soils are on uplands but have inclusions . of other soils that are not large enough to map. Some included soils are Norma; Bellingham, Seattle, Tukwila, and Shalcar series. Investigation of portions of the site's upland area comtrmed soil that closely resembles the Alderwood series. Page 4 The soil inclusions mentioned above are poorly drClined and foUnd in depression areas and drainage ways on till and outwash plains. These soil map units are listed in the Hydric Soils of Washington (1985). Hydric soils are generally associated With wetland habitats. Hydric mineral soils observed in soil pits excavated within the wetland areas appeared to be the Norma series. Organic soils present in ponded areas could be the Seattle, Tukwila, or Shalcar series. Hydrology King County's Map Folio identifies one wetland on the Shamrock Property. This wetland is identified as May Creek #24b~ The letter "b" indicates the wetland was mapped iil the US Fish & Wildlife Service National Wetlands Inventory but is not induded in the King County Wetlands Inventory (1983). This wetland is mapped as crossing the basin boundary for May Creek to the north, and Lower Cedar River to the south. It appears that the wetland drainage for the Shamrock Property site' drains south towards an off-site "Unclassified" stream known as Maplewood Creek. Observed hydrology on the site appears directly influenced by local, shallow groundwater that is moving through the area from north to south. Because t)1e site's location is along a basinboun~ary, much of the water may originate on the site. Off-site wetland drainage on the north side of the site is not confirmed but appears evident as a narrow, seasonal swale. -- Wetland Description Wetlands A & B Wetlands A & B-are described ,together as'part of a headwaters wetland system due to their close proximity and similar habitats. The wetland-drainage appears linear and oriente<i north to south. These on-site wetlands have been separated by rill material reportedly placed by the Shamrock nurserY operati0Il .. We~ds A & B are no longer . connected -by wetland (hydric) soils but are likely supported' by-the . saIIl:e . groundwater hydrology and could be connected depending on -subsurface soil conditions under the fill material. No surface water connection& were observed. The wetland system also receives surface water runoff from adjac~t upland. At the time of this investigation, the nursery was still operating and those adjacent upland areas were planted with non-native trees and shrubs. Much of the vegetation cover in uplands surrounding Wetlands A & B has been cleared from land use. The off-site area directly north of the on-site -wetlands has been cleared and converted to a maintained lawn condition along most of the project site's boundary. Page 5 Overall, the wetlands are characterized as deciduous' forest dOminated by red alder (Alnus rubra) with Pacific willow(Salix.Jasiandra) and black cottonwood(Populus balsamifera) trees observed throughout. Western red cedar(Thuja plicatat) trees are present as scattered individuals or small groves. Douglas fir and western hemlock individuals are scattered throughout the basin area and appear to be present within upland islands. The shrub cover· in forested wetland areas is dominated by salmonberry (Rubus spectabilis) and with significant presence of Himalayan blackberry. . Vine maple (Acer circinatum), red osier dogwood(Cornus stolonifera), and black twinberry. (Loilicera. illvolucrata) are also present. Openings in the canopy have shrub cover of Douglas' spirea (Spiraea dougJasii) and Himalayan blackberry.' The wetland has diverse emergent vegetation dominated by lady fern (Athyrium felix-femina) 'and includes cover of slough sedge(Carexobnupta), creeping buttercup (Ranunculus repens), mannagrass (Glyceria sp.), water parsley (Oenanthe sarmentosa), and skunk cabbage (Lys~chiton americanum). Cattail (Typha sp.), wool-grass (Scirpus cyperinus), smartweed (Polygonum sp.), and plantain (Plantago sp.) were observed growing in a distinct depression area within Wetland B. i Using the u.s. Fish and Wildlife Service (US~S) classification system (Cowardin et al. 1979), this wetland is classified as palustrine,forested, scrub/shrub, persistent and non""persistent emergent, and is influenced by seasonally flooded conditions. . . With the· presenc~ of a forested wetland class, the wetlands are likely rated as, Class 2. In addition, the wetlarid system probably exceeds one acre in size when offsite area is considered. No areas of permanent open water were observed. The standard buffer setback distance for Class 2 wetlands is SO feet. This area is considered a "headwaters" wetland system mostly supported by groun.dwater discharge. WetlandC Wetland C is also a forest area having a fairly open canopy cove~ comprised' of red .' alder trees with a few matur~ black cottonwood trees. Red alder tree canopies' are .' sparse in this wetland and a few snags are present. Due to the open canopy, shrub'" cover is dominated by Himalayan blackberry. 'A significant cover of salmonberry is . also present with red osier dogwood, red elderberry, and Douglas' spirea occurring infrequently. The wetland includes upland hummocks that support sword fern (Polystichum munitum) and Indian plum. Wetland hydrology indicators of seasonal ponding and low chroma values in the upper soil layer (Data Plots #2 & #4) are present. Wetland emergent groundcover observed in low areas includes lady fern and creeping buttercup. Page 6 The adjacent upland to the east and west is forested. Tree cover includes Douglas fir, western red cedar, big leaf maple, and bittercherry (Prunus emarginata). The dense shrub cover is also comprised of Himalayan blackberry but includes Indian plum. (Oem1eria cerasiformis), vine maple, and western hazelnut (Corylus comuta) shrubs. Associated upland groundcover is comprised of sword fern and Pacific blackberry (Rubus ursin us). Using the U.S. Fish and Wildlife Service (USFWS) classification system (Cowardin et al. 1979), this wetland is classified as palustrine, forested, scrub/shrub, persistent and non-persistent emergent, and is influenced by seasonally flooded conditions. With the presence of a forested wetland class, the wetland is likely rated as Class 2. No areas of permanent open water were observed. The standard buffer setback distance for Class 2 wetlands is 50 feet. This area is isolated from .the Wetland A and B drainage. Wetland Restoration Per meetings with King County and City of Renton staff, a previous wetland fill will be restored as part of the Shamrock Property subdivision. The illegal fill is a sensitive area violation in Kirig County and Qccurred on the' Shamrock nursery site. An undetermined amount (depth and area) of fill material was placed in wetland along the west and south boundaries·. of the site. This effectively has. separated Wetlands A & B. Surrounding tree cover combined with soil excavations. would be. used to determine the area of the fill violation. The goal of the restoration is to re- connect the wetland areas (A & B) by excavating fill and planting the area With native species. The City of Renton has requested right-of-way dedication for a'. future roadway extending from the Shamrock development site to the west. This right-of-way alignment (SE 6th Street or SE 124th Street) is iocated in the area of the wetland fill. The applicant / owner would provide the right-of-way but proposes to restore wetland and correct the fill. violation: as part of' the subdivision permit. process in King County. At the time that future development west of the site ~lows an opportunity for the roadway to be constructed, the City of Rentoll may elect to proceed with a roadway connection and the associated wetland permitting. Page 7 : . WETLAND BUFFER AVERAGING The Preliminary Plat site plan proposes a limited amount of buffer reduction along the edge of Wetlarids A & B. Per the County's sensitive area standards (KCC 21A.24.320B & Public Rules 21A-24-016), buffer averaging is being proposed in several locations on the project site (See Attached Maps). The buffer area chart and written analysis to support the buffer averaging are presented as follows. The existing site conditions were used for this buffer averaging proposal. The Preliminary Plat Map (Attached) shows the proposed buffer reductions and additions. The majority of lots shown along' the edge of Wetlands A & B are located in areas that were cleared for the Shamrock nursery operation. Lots 41, 52, 70, 71, 73, 74, 85, & 86 are located in areas of limited vegetative cover and are proposed for buffer reduction. Lots 78, 79, & 80 are located within existing, dense forest / shrub cover and also are proposed for buffer reduction. In addition, a small area of reduced buffer is proposed for a new street, 144th Place S.E., at the southern part of Wetland A. Buffer effectiveness and the associated functions such as wildlife habitat for food. and cover, shade, sediment -pollutant removal etc. are not considered to be significant for most of the' areas proposed for reduced buffers.:· ' Much of , the buffer replacement is located Within forested areas adjacent to We~~ C .. These added areas provide a higher amount of buffer fun,ction .. Using the area calculations below, the overall area for, the 'SO-foot wetland buffer zones is being· increased from 138,027 square feet to 167,798 square feet. The' buffer averaging,Jor' 7,820 square feet of reduction, would provide an increase to 29,771 square feet of buffer area at a ratio that exceeds 3.5 : 1. WETLAND BUFFER AREA EOUIV ALENCY Total Required Buffer Total Proposed Buffer Total· Buffer Encroachment Total Buffer Added 138,027 sCI.ft. '." 167,798 sq. ft. 7,820 sq. ft. 29,771 sq. ft.' The intent of the proposed buffer averaging is to allow various site design features to occur and meet the code criteria. After site conditions are verified by the County, the . -buffer averaging can demonstrate that total area of buffer does not decrease, additional wetland protection can, be provided, and wetland functions would be enhanced (Public Rtile 21A-24-016A). Page 8 · \ .. As part of the analysis, the following criteria issues (Public Ru1e 21A-24-0l6 B) are being addressed: 1. Preserving the functions of the existing buffer on the parcel and adjoining parcels; 2. Not impacting the stability of a stream bank, if any; 3. Not creating a risk of hazardous trees as a result of development; 4. Providing the opportuility for additional protection or enhancement to Wetlands; 5. Not impacting the location Of a floodway and 10o-year floodplain; 6. Not impacting the presence of any migrating river channel; 7. Preserving on-site natural resources (wetlands) and not impacting their functions and values; 8. Health Department requirements for on-site sewage disposal are not applicable to this proposal; 9. Will provide other information to be reasonably necessary to analyze the proposal. _. -'-\ :: - In addition, the buffer averaging wou1d maintain the mfnimum buffer setback distance of 32.5 feet or 65 percent of the":standard buffer width (50 feet). The additional buffer areas are contiguous to the standard buffer. The minimum building setback would be maintained between ~y structure and the reduced buffer (Public Rule 21A-:24-G16 C) .. In summary, the buffer averaging as proposed woUld. provide Significantly more buff~ area than required by code. Portions of increased buffer area wou1d provide higher function due to existing habitat· conditions. Othe!; added buffer areas cou1d provide opportunity for' increased function over tiliie or as . the result of· enhancement activities. Because this project includes wetland restoration, it is anticipated ,that buffer areas may be enhanced or incorporated' into a· required restoration plan. Page 9 .' , WILDLIFE HABITAT Land development projects that are at least 10 acres in size have been required by King County to perform a wildlife study. Per comments received from County staff, a preliminary assessment for red-tailed hawk (Buteo jamaicensis) use on the Property is included in this study. No cited literature was used for the survey methodology; however, professional experience and familiarity with the site should be considered. Many site visits were conducted during the summer of 2001 when wetland areas were investigated. Familiarity with red-tailed hawk use and habitat includes sites that are situated directly north of the Shamrock Property. The site was re-visited on 7/29/02 to. purposely investigate the presence of a red- tailed hawk nest. Red-tailed hawks have been observed in the area and use the Shamrock project site for hunting. Property residents living on the north portion of the site reported no kilown nests exist except an off-site nest to the north. The site is very open throughout most of the central and eastern areas. This vantage from the east provides good visibility into the treed areas using binoculars. Large black cottonwood and Douglas IIr trees were targeted as potential nesting sites. Mature, black cottonwood trees are scattered throughout the western wetland areas. Two large Douglas fir groves are present on or adjacent to the site. However, these groves of trees are within 100 feet of existing homes. In summary, targeted trees, primarily on the site, were closely observed using zoom binoculars. Red-tailed hawk nests were not observed during this investigation or others that occurred related to this project. Page 10 .' REFERENCES Cowardin, L., V. Carter, F. Golet, and E.la.Roe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Office of Biological Services, Fish and Wildlife Service, United states Department of the Interior, FWS/OBS-79-31. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army EngineerWaterw'ays Experiment Station, Vicksburg, Miss. Hitchcock, C.L., A. Cronquist, M. Ownbey, and J.W. Thompson. 1977. Vascular Plants of the Pacific Northwest. University Press, Seattle, Washington. King County. 1990. Sensitive Areas Map Folio. King County. 2000. King County Code -Chapter 21A.24 Environmentally Sensitive, "Areas. United States Department of Agriculture, Soil Conservation Service. 1973. 'King County Area Soil Survey, Washington. Prepared in cooperation with the Soil ' Conservation Service, King County, and the Washing top Agricultural Experiment Station. , United States Department of Interior, Fish, and Wildlife Service.' 1988. National " , 'Wetland. Inventory. Preparedfor the Office of Biological 'Services. Washington State, Department of Ecology. 1997. Washington State Wetlands Identification and Delineation Manual. Ecology Publication #96-94. Page 11 APPENDIX A DATA PLOTS r ", . . DATA FORM . . . ~:. NEONStTEDETERMlNATIONMEiHOD1 (' . Field Investlgator{s): .J 5~ .•.. . .... '. . ~. 'Date: _. g;~~-'-r-~----~--' ProjedlSite: . Shd4tb-· . . State: -llKL!-County: AppIicanLONner: Cd.tta W4t: Plant Community 'IName: -.9r"""'¥'--.c...-...., Note: If a more detatled.site description is necessary, use the back of data form or a field . ~-n~r~~~~ir~n~:n~a~~~rt~s ~~~ a~ t~e-p~;' ~~~~;; -~ -~~~ S d 4-=f Ji/;P~J '.c. Ves _V __ "No :-:-:-Jrno, exJ$lnon back) Has the vege~ati~I:: and/or hydrology been signiflCililtly ~sturbed? , Ves __ No __ (If yes, explain on back) . ". . ------------------~--------~------------------~----. VEGETATION -: Indk.ator . Dominant Vlant ~s! Status %6 Oomi:= Plant Species' /4 ~ 1~ X"ikl.t f ~~!!2.~ /!IlC1A. 11. Lf'~. fill ~ ~Ob ~ ffo/CMs kLtehld( FIlL ~ ~~:, . ..' . 4, ~ tlk~ , ~ 14.' ~; ~: t:12j;;Zb¢= ':, It: ============= 8' .' 4-18, -( 9:$t~ cJ~'A.tiV'llIl+ Plica II 19. ============ 10. 20._.--~r-~----------- Percent of dominant species that ar~ OBL. FACW, andlor..¥AC ..-:A~w~;;~. ______ _ Is the hydrophytic vegetatiOn .criterion met? Ves ,_V"_._..i N":o __ Ratkmale: . . II . I SOILS · Series/phase: 'c:I o..r 'If/' If() t:J-Subgroup:2 _____ .:...-______ ~ Is the soil on the flydric soils list? Ves __ . No Undetermined ./ Is th~ soil a Histosol? Ves __ No ~ic epipedon present? Yes ~o =z Is the soil: Mottled? VM 4: I.'? No ~Gleyed? Ves __ No --i.L' Matrix Color: /OYA tf-\2 . Mottle Colors: . , Other hydric soil ind,ibtors:,.( Ist~eh~dricsoilcrit ionm,9 Ves N ,J,../' /J __ /, Ration : ->~~l HYDRO~Y ,Is the groond surface inundated? . Ves~ No ~. Surface water depth: ----------__ - Is the soil saturated? Ves . No I/' . ~ / " · tiepth to free-standing water in pitlsoil prObe hole::-,· _'--:-.~" La,... ud~L~LJo.oo::";" .~. _'-'"". ______ '--_._...--- lbt other field evidence of surface inundatiOn or soil saturation. /. Is the wetland hydrology' criterion met? yi;s · Rat/()naJ8:' .' JURlsolCi1oNAl'OeTEfWlNA nON AND ~TI()NALE.· IS the plant cominunitya wetland? Yes ___ No Z > Rationale forju~ldional decision; __ ----:..-----O-~_-----:,.;..-._---"'-,.;__-----_-'-'-...;...;.- 1 This data f~rin can~Used for the Hydric Soil AsseSsme~tPi'~ute~ the ~ci,mmunilY: .•.. ASse~inent Procedur8~ . . ( ..' . . .... ...... .' -. 2~ificcltion ~rdlng to ·SOil Taxonomy.-· ... ".. -". . '. . •• >:- : .". ~ . ".: : .• ".:: '.: . .-:'~"., j .. , .. DATAFORM . _ . . ..at: ONSITE DETERMINA nON METH. ~D.1 ~ .. II I . -. · Field Investlgator(s): ~ . --' 'Date:' gL-T /O! ~, 1'n>jedISA.: .. State: County: ~ ;2 ~ App6cantJOwner: ' Plant Community '/Name: . ~ = Note: If a more detailed site description is necessalY. use the back of data form or a field notebOok. ~: ~ ~~~~=~:~;;'-'p:';; ;.;;,;u-;;;~ -, ~ -1J-fjq~ --;.}.--J)---- Has the vegetation.. ' andlor h~drology been signiflC8iltly~lSturbed? L""LI~I a.rt,:-.1 e..,. Ves __ No, (If yes, explain on back)IJ/.At. tJ.,,-_ --------------------~------~-------------------~~-- VEGETATION 1ndiC".ator Indicator ,DomjrlalJ.!PlantSp:czies Status Stratum ... 00A!t,Plant~ ~~. r m ,~. /t!J" 1~/lr}IU~ .iiiJi.htVfll~ ~ 11.pfjU:.< ~f t/ll.Jd-.lIfL-/L~tJU. '. ~~~. ~.I "G-/b.-_L_L12iJ/fhd~' ~~i'~ -rl'f ~~~ ~:L;:H?;;;4/r:;Wl~4;~~fW/~ i?~~ -6. /~ -t: . -r::71 ' 16_ k ~ I .. '--r :(h 7.srkJli\t)\,4;cu5&c~}IlO<tLiiiCl{ n 17. fJ1cJ,H4( :iU<Crf r/iCKllFu -/ -" . 8. -I-I .• C J ~ 18 . ..f)f . . '!7/ !...r/ -r 9lJRAti/iflrt Cm~lUfWt({ tpCI( -/1 19.9:ntWn/1.U-1 4'a PJ C~ /)./ 10: 20 . ..,--__ ~ ......... -"7L.---- Percent of dominant species that ar~ OSl. FACW. an~oifAC 5&Z =:::!Ophytic~eriterio~nmet? veS~-;NNClO __ '~,/A , .. '11E U ,,{ Jiiij1illb Y -(fW3 WI2IiJ1hllf&;; .1lI1:I#~ · Serfeslphase: 4/rfgywdiJ -1i.trith-rLS Subgroup:' . .:< . Is the soil on the Ilydric soils list? Ves -----..L' No __ Undetermined 7' -;/ Is-th~ soil a Histosol? Yes No X-Histic epipedon present? Yes -L. No V Is the soil: Monied? Ye N Gleyed? Ves _. _. No~ Matrix Color: ,S" Monle Colors: ____ --'--:-,---_'---:--:-_'-__ Other hydriC soil indic ors:.---<---...."...~--------:-~-------~.,.,.,--..,.-- Is the hydric soil ~~erion t Rationale:,t';i' :1' ~ ~ ~~~~~~~~~~~~~~~ff .Is the grc:>und surfac::e inundated? . Yes-P' No __ Surface water depth: --------:::;;."..---""""'""'-- Is the soil saturated? Ves No -. . -/ . · ~ to free-standing water'in pitlsoil probe hole: ,--_-__ . -:ij;~.4hnE....Al!'-..L.I...a-e_«,,--_' -:-____ ,---_ _._------ Ust other field evidence of surface ",undatiOn or soil saturation. Is the wetland hydrology: criterion met? Ye$~ No · Rationale': .' ..' '.' .' _ JURISDIC1l0t,lALJ>ETER~~~A liON ~NO~~O~A~E.· Is 1he plant communilya wetland? Yes_Y_, _ N Noo __ ',. _. -_ Rationale for'jtiriscf~ionlll decision:-"., . . 1 This,data fo~m can b4, \ised for the Hydrk:Soil Ass~i1lentPr~dur&and th' ~~~mmuriity: .' .' . . AsSessln~i'lt Proc:edu.... . ["' . . . " . , . _ " . . 2~lficatioO ;teeOi'dIngto ·SOaTaxonomy.-.' . . .... -.: . "DATAFORM. '" ... . F*~~"o~,): ~~oNSlTEDETERUNA1ioN1lm:.:: ~~/o / I .' ProjedlSite: c..-.State: . . County: . . ~ ~ AppfacantONner: .'. . . Plant Com';nunity .lName: . ~ ~ Note: If a more detailed site description is necessary. use the back of dilta form or a field notebook> -:--~ -.;.. - - - - - - -.;.. -:-~ - - -~ ~ ~ - - ----...;. -...;. .,.. - -.,..~ .,. -'-,7--..... - - - - - - - -.. . Do no~~ronmental conditions exist at the plant community? ,4 f' R~ -# '. . Yes No --(H no. explain on back) , ~/). 6'// ' Has the vege,tati~. and/or hydrology been signiftcailily ~isturbed? G..S 'v -T J ~~ ~ __ ~~ ___ ~ :8~. ~~I~~ o~ ~a~~ _________ ~L11!.q ~ ct _ ~ ~ __ ft}: ~ ~~. , VEGETA nON ' . looK".ator Indicator , Domi~?fant Specie= Status Stratum Oo":K?,.~Y __ ~cieP :J.-Status, Str::: / /~$. i,P'&:l{ hUpftLc . fJ/6 ~ ~~:fF4¥t2t:1Jtm}1i~IIH1tLfl[t1{ /Ut1tJ 7 /t;p 3. II 13. _______ _ 4 -n ' 14. 'f 5: f/i& 1'15. -------- 6 ' -/.. 16 7f$~7:-)hiiiI.b17: ------ 8. 7'9-I-' ~~ 18. 5b 9.~hf'/d,a, r/iCVi 11 19. _______ _ 10. 20.------__ =-________ _ Percent of dominant spedes that are OSL. FACW. and/or FAC /() ~ Is the hydrophytic vegetation criterion met? Yes _' _'_ No ~ Rationale: -' ____ ----""'-------~--.,..---------------__ _., __ ---------:.;..-------- · ~ase: //£.&.r£'tP cL fit i;:r: Subgroup:' ---:--7"/~----'---,----,,.--- Is the soil on the flydric soils list? Yes __ No __ Undetermined V ./ Is-th~ soil a Histosol? Yes __ No' ~istic epipedon present? Ye~ --::T-No ~ Is the soil: .Mott1e9~..,~;:;-1 ~O~GIeYed. ? Ves ___ No~ . Matrix Color: ~ ~ ~ Mottle Colors: __ ..,__---'----,-----'---".-'-_.,-- "Othe, hydriC soil il}fffcc>tors:, ...:....,;.:-. ----,.. ------.--=~---:.___---..,__-___:,......-------___.,_,___,--""" , fs the hydric soil crit~rion met1, Y~H Rationale· . -~ // · J' , . HYDROl9GY , ,Is the ground surface inundated? ' Yes ~ No -k. SUrface water depth: Is the soil saturated? Yes No ~ ,,/_. LJ · Depth to free-standing waledn pitlsoil probe hole::.-· __ --...... /Hll ......... .&...;.:c-=-___ -:--__________ --- list other field evidence of surface inundatiOn or soil saturation. /' No V . . ,Is the wetland hydrol~t criterion m.et? Yes ' .. 'R~iPnale: __ ~~~~~ ______ _.,~~~--~--~----~----~-----~-~~~ , '. ...,.. .' . .JURlSDlCnoNALPETERMIN~1iON AND itA TlO~A~E ~.theplantcommunity,a wetland? Yes __ . _ No_l7 __ . ' ,', . '. , R8ti0nale for'juriscfrdionai deciSion: .. ,__-.,....---'-,-----. _...,'-.-_.,~-~,.:-..,--_:__~.,.,---,..----__ ~-- .1 Thisdala for~~b!J us-ed for the Hydrip $oil Ass.~mentPrO(:8dut.and th~ Pfant'Commu~aY , Assessinent PrOCedure.. . (.. ..' . '. ' ...". '. 2 C1asstrJC8tiOO~rdIrig to,-SOil Taxonomy: I.' •••• • '.. ; ." ~ . '-'. (". :..::';': . ":." .. " "':'., .-- B~2, •••. <. •... : •. . :. ", .:", .. " . .... .' DATA FORM O~E ONSITE DETEJU.flNAnON METHOD1 . . F'181d Investlgator(s): ~.. . 'Date: --~~~~~~~--.. ProjectlSite: • State: County:/'.: ~-:-+'~+--4-><~~:""'-_ ~tIOwner: . . . Plant Community .lName: -fJ· '-c.~:F--;.........;..-+--:----i:tt-- Note: If a more detatled site description is necessary. use the back of data form or a field notebook. ~~~~~~~~~~~;~~~~~;---~~)i~~ci-~----· Has the vege.tatiq,n."'SOils. and/or hydrology been signifJCailtly olSturbed? A/. . /. .i., . I . I ~ Ves __ No _V_ I (If yes. explain on back) .. /I/~ Jll/4-f" /tbl tl-1J.. . ___________________________ ~-----~-------------r ~ __ . VEGETAnON " . Indic-.ator , Dominant Plant Sp:c~ Status. Stratum Dominant Plant Species -jf71J~ 1. 7J/iUM kl:!pttl. me... 7&.i/ 11. --. ---- -7f''/<IJ ~AltI4~ cil?c.oi2k FIIct{ sAu-h ~~: -..:...----- 4. -R:J,.-I.-J. ~ ~ 14. f 5. ifo.Vl~<lcJfU"/~+-IIUl ~ 15.-__ ----- ·6. 16. -,.---------7. 17.-________ ___ 8. 18.~· --------~ 9. 19.-_____ -,. __ __ Indicator Status Stratum 10. 20.· _' __ Percent of dominant spedes that aff~ OBL. FACW. ~AC . 'j'tJ 1.J ... . :=:io.e:::~ophyticveg~tationcrit,erionret? Yes' ,No_,_. k-J ~! . ,_. .. . ..... .. ntIW'Fd-' k+ Ac.r!t.dj1J (UM'[J;j;]fll~iJ!i17_ 'Series/phase: A /J.,;-vl/tPO J /!f1-;,"r::ts Subgroup:2 _---;-~./'---_---- Is the soil on the flydric soils list? Ves -------.-/'No __ Undetermined V ,/ Is-th~ soil a Histosol? Ves __ No ~istic epipedon present? Ves r-;L-No =.E Is the soil: Mottled?~VAJ'?FIJ No ~ Gleyed? Ves __ No ~ Matrix Color: P -"I{....-Af-v Mottle Colors: ____ ---:.._-,--____ ~---- Other hydric soil indi lors: -"-, --..,....,..-"7""/'----------.-,------------,.,.,.-~ Is the hydric sOil . erion met? Vas ~ 0 Ratic)naie: h ~T--r .' . .' . ' HVDROL9GY . . _ ~ the groUnd surface inundated? . Yes___ ~_. _V'_ Su Su/y:rfrf,ace atar depth: . · Is the soil saturated? Ves No ~ . /}. · . tiepu..to free-:-standing water-in pitlsoil probe hole:.-.· _ ...... __ . ....; ......... L-:"#;.....;.h_1::..-=-__ . _, _______ ..__-- . Ust ather field evidence of surface ~undaiiOn orsQiI saturation • .... . ; Is the we~and hydrolc;~Y' crit~rionrn.et? Yes·· V·· No · . Rationale: . . '.' .' .... .-. -. -, .~ the ~ __ ftya -:,;s~_?_·.~_ .• _L~o:E_.R_M_}_.NAnONANDr:tAnONA~E .. Ratioti~lefo(juriscf~ion~ ~sion: .. _' .;........;......._-~.;....... ___ ......,...---_~....;....;'"__-.,....-,...------~-~ .1lhisdatafor~ can ~ used for the 'Hydrk:~iI Asse~meiltP.r~ure ~ "" Pf;ln. Community 'AsseSsment Procedure. _I· ... ... . ... . . . 2~tio"~ngtO~SOil.Taxon9fTly... , . . ' ... -........... '. .' .' . ··8-2.·. . . : . ~': .::.: .: '. ~ : ';.' . ., ,. ·'-'"0 , ,DATAFORM _ O~NE,ONSITE DETERMINATION METHOD1 ~. ,'/ .' . , .. lei _lgatOl{s)·. 'D"':' ~(;11 • ProjectlSite: . . Stale:.· 'eot,lnty...;r, :~~ AppracanflOwner: . . ". Plant Community '/Name: 7J= .' . ~ Note: If a more detailed site description is necessary, use the back of data fonn or a field notebook. ' ~-n~r~:r~n~~n;aI~~it~~S ~;is~ a~ t~e-p~~ ~~~u~;~ 11 ~1~ :-~ ~r--#: -; 5 j/l~ 'I- Ves No __ (If no, expl~ln on back) '4 "" . Ci 'E C7 /(/. It Has the Vege~ati~1s. and/or hydrology been signifICantly ~lStUrbed? /1 ~ /. J / J . ./ ) Ves __ No (If yes, explain on back) l V//IL17 cJA... '- ---------------------------~--------------------~-- VEGETATION 1n<fK'.ator Status Str'lW:' ,Dominant Plant Specie. .' s' 1. #-\-I~=--"J.->i-4--'-IoL?~..£-..-'-f ~hr@ 11. -' ---'-. ----.- 2. ~~ . 12. 3. r J7C-,rRL '13. ---.,;----~.----- ~: . rbtl~~:------6. 16 . .--,.--'-----___ _ 7. 17. ---------8. 18.~-__ ~ ____ ~ 9. 19.--______ _ 10. 20. ~ . Percent of dominant species that an~ OSLo FACW. and/or FAC .4.,P , Is ~e hyd~ophytic vegetation,«;iterio'} met? Yes _' _,'_ No, V ~ Indicator Status , Stratum RaIJonale. i?htirfJM\,vL' <V~< db tf/Q.-i;d!i, i .~ /J Jut " . / SOilS " . . . . '. ' . Series/phase: flLCJ#W-ODc::L---,' < $ubgroup:2 --"-. __ ~:_' __ ~ ___ _ Is the soil on the hydric soils list? Yes ~o Y Undetermined ' . '/" 'lsth~soilaHistosol?·Yes __ No ~icePipedonpresent? Ye$~No~ Is the soil: Mottled!A 'ffts~o' Gleyed? Yes _.__ No -.k:::: ,Matrix Color: !..~ ~ Mottle Colors: ' . Other hydriC soil inOJtors: . . .,.. , . Is the hydric soil . fitfion ,Tet? Rationa-:~~·~~-~~~~~~~~~--~~~~~~~--~~~~~~~~~_6~~. 1/ ,Is the groond surface inundated? ,Yes '....-No_. _,_.~' rfa water depth: Is the soil saturated? Yes No z;;r . . . II~ , Depth to free-standing water in pitlsoil probe hole::-.· __ '. __ '.;.,.' -'-_ .. _' ..... __ -";;' __ '-' ..._.., _______________ -- Ust other field evidenCe of surface in,undatiOn or soil saturation. ,/ , Is the wetland hydrology' Criterion met?yes,_' _. _' ._ No l7' , :' Rationale: '. . JURISDICttO~Al OeTERfo'lNA liON AND RATIONA~E . Is the plant commul'litya wetland?' 'Yes~' ". No . ~-'. Rationalt,.forjurisc:f~iof1ardecision: .. _;;...,;;..._ . .-..:..,.....;..~' ,;.-.,..~',--......:...~---+--'--_.,...--.,..__-'----- 1lhisdata form C8f1 h.. used for the HydricS9i1 Al$se~~en~proCedute and "th~ Pblnt ~mmuniIY , Assessment Procedure •.. ' ',. (' .. , .' . 2:~ir.c.tion .. ~i'di"g t* .. 7~q-Tax~ootny. ~ .. -. '.' .....-.. .. . . . .. " .. ·.fJ~2 " . " " ," . : . " .. ::' -~:. . :,- ," -.' . \' . ..... . ' ,. .. DATA FORM I R%:NE ONSITE DETERMlNATlONMETH001 ~=:~.,or!#~~;;-Zf .. . ···StaIO: 1VI! g::~-. --c-:c-L....f:h~;-"----- AppfacanflOwner: ~.e16-:t:. Plant Community ,/Name: -........ (t5L-...-.;'--........ -...:;;I--- Note: If a more detailed site description is necessary, use the back of data foll1'l or a field notebook. ~o-.~rPiI.:n:,:;aJ-.,;;n;;i;:,~.:~;; a~l~o-p~~ ;.~:u~~; --:j':/f ~k -6-rt;:-~ Yes No ~" 0, explain on back) . J Has the vagetatio ,s . ,and/or h~drology been signifICantly disturbed? /'" I A / ~ ~ . 1/". Yes __ No __ (If yes, explain on back) LYf/tfl..7t ~~ "--. ---------------------~------------~-------------~-- VEGETATION Indi<-.ator Indicator . . Dom~tflant Sped;s Status Stratum DominantPlant Species -1( 70'b 1. .idiiMs=hil2.tr!./ r/le.. tflUl-11. -----.:..--- Status Stratum ¥ is),~: tv.hu.$ rbkephb f1/dA rim ~~: ------'-- 4. ~) . 14. -j s.12e·7h.'o.r1tk C. ,P1/CU 11 15. ______ _ 7~: F2j~~f.su ~~j~: ___ _ /S7' 10:6 V~IICAIki'/Jit#/flJiut.\[-iILY{ ~20. ~ Percentf ~omi~ant spe~es t~':lt ~e OSlo FACW, and/or FAC~ Sf P Is the hydrophytlC vegetation critenon met? Yes __ ._ No ~ ..., .• Rationale: .. Il /cI~8C) rL SOilS Subgroup:2 _ ..... ___ . ____ ----' __ Yes ~ No~ Undetermined . ..- No ~J::ijstic: epipedon present? Yes ~No V ~+-,rINo~G;eyed? Yes __ No~ ~~~:::!"""~~--'-"""'-----Mottle Colors: _____ ---~----:------ . HYDROl9GY··· .15 the ground surface inundated? Yes ~ No V'Surface water depth: _______ -'--__ .. ~ the ltO~ saturated? Yes __ No../:!:........ --~/ Depth to free-standing water hi pit/soU probe ,,018:~· ______ . _..:'~'III1:::; .. ,.-"'h,...~,"""",,· "-' . .......;. ______ ---' ____ _ LiSt other field evidence of surface inundatiOn or soil saturation; '.', ···~~ewetland hydrology' criterion met? ... Yes____ 'N~ JZ:f"'." ..... Ration8le:· .. .. ..... ' . .. :: . ..... .•. . .. JURISDICTIONAL DETE~MIN~NANDAA110~AlE 1S.U\8 plant community a wetland? Yes __ ._ No~ .... . . . RlitiOnale for'juriscfldional decision: . . .. .. . . .. ;. . .... -'. 1 This data form Can be used for the HydriC Soil AssessmentProeedurcJ ~d thepiantCommunity ... Assessment PrOcedure. . .. ..... ' .".. ....' 2 ClassiflC8tion acCording to ·So~ faxoncimy ~. .. .. .. .. .... .. B-2 -" . ," _ DATA FORM . . . . JlOUJINE ONSlTEDETERMINATION METH001 ~~ ~ '. '.' Field Investlgator(s): ~-v.' ". Oate:8'"~ft!: 1 '.' Projed/Site: State: County: . ~-#J." AppIicantJOwner: Plant Community ,/Name:ff?bf 7 Note: If a more detailed site description is necessary; use the back of data form or a: field notebook.' . . ~:n~r~~~~ir~n~~n~a~~~n~~s~:is; a~ t~e-p~~ ~~~u~;; --~;:;-~-ll~ -65&3-..., Yes _£/_r N No __ (H no, explain on back) .. ).,> • a.- Has the vegetat~ils. and/or hydrology been significantly disturbed? J:J../rL-'S"T'tJ'.N'L.. Jt-..t:(r -t; . ~~ ~ ~~ -=-= ~ :e~, ~x~~i~ o~ ~a~~ ________________ )1/ .£tkL~ A __ _ VEGETATION Indk.ator Indicator . I status. ~ Dominant Plart ~cies . . Status -.mE ~50h 1. f1I!!:. ~ 11.p,h.nZt&rb· Ci, r&1k ..1 i)b ~ . . . . . r~ H. ~~:~i~prI/fW p .. ' -( ~. '],;J ~::r4;;W5 ofi1Su<j filcw 11 ~~:iiiis.}1diiiiz:rJrCK~t2 7'\,g('.)P 6 \j --L-f I-16' I~ ~:~? 'J:W nt/dtu !!f:' Ji ~~: ============ '~7 gjii;lI.!n eM ?1&,-s ci, /:'l::l.CL. n 19. --------- 10. 20. . . 'q- Percent of dominant species t. hat ~e OBl. FACW. andl~AC /~t7.Ib. Is the hydrophytic vegetation criterion met? Yes"-K No _._ . Rationale: . Jl7~w~ SOilS' Series/phase: . I ./ < Subgroup:2 -c.,-----------'-'--- Yes ----,--/No l/ Undetermined' . .' Is the soil a Histosol? Yes _-__ No ~istic epipedon present? Yes ---L No L-- Isthesoil: Mottledl.:Y.t9~ No~Gleyed? Yes __ No_~_' Matrix Color: Jf/ ~.' Mottle Colors: _____ .'----:. _________ ..., J;rt*/;~l . '-. HY~GY . . .Is the ground surface i.nUridated?" Yes ~. /N.· 0 SA2;urfa wa.ter depth: Is the soil saturated? Yes '. No ~. . I A: Depth to free-standing water in piVsoil prQ!:>e hole: ...... ' : ____ ~: --:": ,"","-.:;';':...'~ ,~ __ . '---"~' .~: _______ ,--_...,--,.;;. USt other field evidence of surface inundation or soil saturation~ . . . . . . ." '.. . . . ..,..... : .'No'J2./ " .. Is the w~tland hydrolog),crjteddn 1n8t? Yes Rationale: . . . .-' ..... . '. .:_ .....•. . JU~ISD .. ICT1()NAlDETERMIN90NAND. RA Tl. ·.ONAtE ',. . ' .. -Y ~ .. ~/ //.~ .AAA:,· =~r~:.1::0c;.j:;'':'~%~7=i~~~: . es_-. -' -'.'-, No -. -... -". -'.' M;.~ I1V(jf1 <.. .~~l J>rc~'fJK .. ' .' ..... . .' .: ....... '. ' .. " .·r '. .V . 1 This data form' can be used for t.he Hydric Soil Asses~me~t Procedure ctndthe Piant Community • . AssesSment Procedure. '. . 2 ClassifICation according to ·Soil T axonoiny •• .. 1ndiC".ator Indicator Status ~ Dominant Plant Species-*9~_ fJlt.Wlt£Id2 11. - -. I 12. ____ -_______ _ rl.b fI, II 13. ----'-_-'--__ ----,._ S% ~:;tib IU /d;:Ji/t/Y;? mOO .flttJLb ~~: ----~- 6~~ I' ~ ")1 , 16 ..,,-7' =iill.ef dlsC-obc F/dM 'I 17: -----__ I '18. , 8. -------~----~---------------~ Status Stratum . 9. 19.--_~ _____ _ 10. 20. ____ ~~---- Percent of dominant sPecies _that areOBL. FAcw.an~AC' / (Jo $ Is the hydrophytic vegetation criterion met? Yes' 0 ____ '- Rmwna~:-_--_-~-----------__ ------____ ~ __ _ 4/ckrw<JOl SOILS, Series/phase: j7lJ '-/Subgroup:2 ____ ~~' __ .....,..... ____ ,.- Is the soil on the nydric soils list? Yes ~ No l7 Undetermined , Is-th~ soil a Histosol? Yes No ~ic epipedon present? Yes ~ No 0l.2' Is th! soil: Mott?&/~ 423NO !eyed? Yes __ No -tL MatrIX Color. ~~ ~ Mottle Colors: -. Othe~ hydric soil' cc>tors: _r Isth8_hydricsoilcrit~rionmet? es o~ V j~ ~J.:,_ Ration Ie: .,; II ..L.R'/\ a ~t -11 - -, . . -, -HYD~O~Y -' :Is the ground surfaCe inundated? ,Yes'~ ~ _1/' __ ~ Su.rface water depth: _' _--' _______ --,-...,...- Is the soil saturated? Yes . No --v-' . ,./ ' Depth to free-standing water'in pitlsoilprobe hole: _' __ , --..~~6C-£.ullu.c..i"""./~--__ ,--~--------- lbt other field eVidence of surface in,undatiQn or soil saturation. , ./ ,Is the wetland hydr~Jogt criterion met? ,Yes__ ~2Z '-Rati9naJ8: ' , ,'" -" " " ' , '",,' ,JURISDICnONAL DETER",INA]J6NANO~nONALE Istheplantcommunityawetland1 Yes_" _ No~' , ' , ,', Rationalefor'juriscflCtional ~sion: ,'..-..........,...--.....;--=-______ ' ........,....;.,....;. __ :---" __ ;,....,--.....,.....-,.....--"---_---~- '." J '" 1 This data fo~~can be ~s8d fo~ the Hydric $oil AssessmentProi;:edu~~ 8nd th~ PIilnt Cqmnuinity Assessment PrOCedu.... , (' .. . .... . ... . ,. . 2~ification accordlno to ·Soil Taxonomy.-. .:..: -- '. ". c SHAMROCK HEIGHTS II ,..-, 1RACT B 1 ~I ::1 r'O' 1 7 '" I OQ.JO ...... NBrI7'orw u;; 1D ,--- I L __ _ --- --- CITY OF RENTON ALE NO. """ POR E 1/4 OF 1lE E 1/4, SECTION 10. 'TWP. 23M, RCE-s:., W.M. 8 KIG c:xxM"Y, W..aroN 74.00 ..,TOI" ! lRACT R STOAU DE:TtNTION 1RAtT SEE MOlE a. stEEl 2 -'0' 31 4' 1--- --- -,0' .. .. WWArwp m..a.... _ LOT 1 _ 7,544 LOT 2 -7,4" LOT l -7,827 LOT 4 -lQ,3'15 LOT 0 -8,J&4 LOT' -1,4Q8 LOT 7 -7.201 LOT II - 7 • .124 LOT. -a.nl LOT 10 -7,un LOT 11 -1G.370 0.'7 0." 0.,. ... 4 0.,. 0.,. 0." 0." D.2D 0.'7 ... 4 ROW /IIlII.£J¥-31,710 0.73 11lACT E _ 14.881 CI.34 1.5 • ..... - SCALE: 1" = 40' -cp-NI!II'22'1rw BE'n&N arr C1F RENTON CPS CONTROL f€TW:R( MCtIIAIEMTS 11851 AND ,.852 ..... ,., . & MOtIJMDIT 10 II[ SET . un CCIRNER TO BE SET 0 FOJIC) LDT CXIRID AS Harm <D I r:I P\IlJC UTUTY EASE:MENT SEE EASEMENT PRCMSKII 1, SHEET 2 ® to' PRlVAlE S1'CRM EASDIDIT SEE NOTES 12-1~ SHEET 2 ...... UII£ WIiIII __ l4e &.48' H8II'21'OrW L47 13.00' socn5"2rW L411 13.00' SOO"IS2rW L57 17.U' 5111!1'S2"54"E LS8 ".11' NII"2I' .... -w L5e a.88' S88'2II"44"E USO 11.31 S72'2O'1rE p-,.. J:IIIIM LEIWIi _ IlEI.!A C704 44.64' 411.00' 6-5'20'2'1-~ 28.83' 521.00" Jprst'Ofi' C18 21.54' 521.. '-'r.4rIlr r:n 51.84' nOD" ~'2l"2r C7II 54.1$ J:5.0D' ~,;r C79 43,1)4.' 521.00' ~"44'OO" ClIO u,' 521.00' ~. CB1 40.07 411.00" ~5'S2"or C8Z: 54..1'5 35.0D" bF:fJIl3f/S'3Y' CISJ 52.84' 33.00" ~'2.S'27*' CIH lll.1I' 25.00' ~1· ce lI.3lI" 25.00' .10'14· .... 1KIS PROPERTY IS SI.IB.£CT TO AN E1.EC1RIC 1JWISIiISSDrI UNE EASEMENT TO SNOQIJAIJE F'AU.S MD WIllE RIVER POIER CCIIPANY PER REaIRDIrIG NO. 3OS58a. 1HE DESCRP110N CXlNTMEI) II 1H£ DOCUMENT IS NOT SI.WF1CIENT 10 DE'IEJUNE THE EXACT LOCA11OH Of 1HE EASDIENT. TtGS PRCFERTY IS SUIIoECT TO A POIER AND lJQfT POl£S EASEMENT PER R£CORDIrG NO. %7M41D. THE DESCRIP1JON COtfTMNED IN THE DOCIJMEMT IS NOT 5l.FRCENT TO DE1ERIM£ THE EXACT l.OCA11DN Of' 'tHE EASDIENT • '-. '-"-"-"-"- JOB NO 01-159 SHEET4CF4 SHAMROCK HEIGHTS II POR E 1/4 CF 1lE E 1/4, ECTION 10, 'TWP.23M., ACE E. WM. KIG OCUITY, WAS HJ1'ON t fOI.N) MCINIAIENT l.r BRASS DISC .. c::c:JrIat£TE IN CASE (11-10-00) L to. .. _ .. -+-.. _ .. _ .. _ .. _ .. _ N1lln9'59"W 'll'I-1324.6f· -.. -.. -.. , . 2649.21' SE 120TH ST, ----R 11 10~. . \ 1 1 1 1 I. Ii! ." 15 -gl ori· ,., . ~I 1 1 1 1 ~I ~ ~I I. . :ij .": 15 '. 1 1 aTY OF RENTON F1L£ NO. ",n, _ .. -.. _ .. -.. _ .. -.. - 1324.60' 1 1 I $ SCALE: 1" = 200' 1 w 1 : vi . . ~w -.. -._ .. -.. -.. _ .. -.. -.. +-----r---{:! 1 I 1 ~ ~ SECllON 10, 1W'. 2JE.. RIlE !IN., W .... SEC110N BREAKOOWN N.T.S. I r_ 1 I 1 7 1 I 1 I ~. I g I-.. -.. -----.. ~ .. _ . S88'20'SO"E _~~_~ 1RACT~IL: -sin.os -. 71~ i 7 B 91~~ ~ 6 5 4 10~ i Ii 1RACT • 1/ // ~ ~RJAP 111114 11$tI'lA .... NE Kllkland.WA980~923 425.821 B448 425112134811..., 11004880156l1:li11_ _tnllClassoccom JOB NO 01-159 SHEET 3 OF 4 l;§l~~~ ::~~ I~~~ ~ :s!' ~. , ~ ~ Ci) SHAMROCK HEIGHTS II G POR SE 1/4 OF nESE 1/4. ECnoN I), lWP. 2SN. ROE Eo W.M. 1CIG0CUfIY, W~ LEGAL DBiCHFIION PARCEL II:. ~ ~~,:.r:~~:..l DE SOU1HEASf 1/4 OF lH[ SOJ11£A5T 1/4 OF 5EC1ICIN 10. £XCEPT tHE EAST tao FEET (s 11£ 5CU1N 1!SO FEET 1HERECFi NCO DClEPT 1HE SOUtH 42 fElT tHER£Df' AS CQII~ TO ICIG CCUf1'Y fUR 5CII.JTIEAST 1281M S1REET 8Y DBD REI::ICIIDm UICJER ICICG OCIUNlY R£CCADIrIQ NOS. 57SU8t NCO 57MIIr2; SITUAtE .. THE an <E RENTON. 00I.JrItY CF KINQ" STAtE OIl wAStelOl'OM. ........ a: 1H£ EAST tao FEET OF' 'tHE SOJ1H 150 FEET tE THE EAST 1/2 rE mE: SIOU'n-ftIiST' t a; THE 5QU1M£AST 1/4 CF tHE: SOI.I'D£AST 1/4 CF 5iEC'nC»I '0. TCNICSIIP 23 NORTH. RNCE 5 EAST w.M.: EXCU'T lHE SClUlH 4Z FEET tHEREtF AS CCII't€'I'ED 10 ICING CDtM1'Y FOR SOU1HEAST 1281H S1REET BY DEED REIXIRDED waR KINO CCJUN1Y RECCRJIrtO NO. 57551111: StUAlE .. neE an OF RENI'OM, CXJJN1Y CF ICING. STAtE OF WASteGfDM, 2. PRlVAlE DRAINAGE EASDaf1 CII7tENMfr: ftC CMIIERS at PRlVA1E PRCIPER1Y .naN 1HI9 P\.AT DtCUaRED .1M EASEMEMTS .... AS -pfWA,lE". HEREBY QRANT AND CCNYn TO 11£ an OF RENTON. A 1A.IMOPAll1Y ccaaoAAlKIII rs ICIG aunv. tHE RlOHT an MDT 1KE CllJlM11CII TO CQIfKY OR S11JR£ STCIRM NllJ SURFACE: WAlP PER tHE: EJaGRIrIG Pl.MS ~ Fat va PLAT BY THE CI1Y tIT REtfRIII. TOCIE1HER .".. 'Dt£ RMIfT OF REAStIMMIL ~~ ~~:,.,.rmUNlf1--=::=l':r~~.:m~ THAT 1H£ a.ERS CF SAD PRlVAlE PIaJIEAl'V IiIl£ RESPCJraLE fOR CPERATING, WAllTANNQ AND REPAIAI4D 1H£ IltAlMMiI: rAClJ1l!S COIITMIED II1IIN 5M) DRAIU.IZ EASDENT ,., ARE HEREBY AECl.lRED 10 CBTMI Nt'I RBIJIED PEIUTI FRDII It£ CITY aF ADlTlJII PRICIR TO FIJ.IMQ. PfI8C. QIT'1IrtQ CIt REWC:Mnl \lBETA1JGN (DC£P1 RR RDU'iIIE MAlN1DWIC£ SLOt AS LA" WOIIHQ) IN (II£N \UETAlED tJRAIrIAQE FACIJTES (5lJCH :~~~==~ ~11CINSOR WDDF1CA1ION5 10 1HE 1MS c::cMJWn' SIW.L RUN WfH 1Ht LNI) NtD IS ..aIIC UJQN 1HE CMERS at SAID PRIVAtE PROP£RTY. 1tEJR HEIRS. SIJCC[S:SMS AND ASSIQNs. 3. an OF R£IITCIII DRAINAGE EA&DEMT AND CO\IEJIANl: M.L DRMCN:E £A5DItN'TS tIIHM 'DIS PlAT NOT SttC*4 AS PRIVAtE AR£ tERE8Y CJWnED Me CCII..rtED 10 lH[ an OF REImJN. A WJlQPALITY CCRlCJRA110N OF KIC CCIJNTY. FOR 1HE PURPOSE OF aJN'I4E'INO. STDItDIO. ~ NO FMlUTA1IiIG STIIRIII AND SURFACE WA'fER PER tHE Pt.NIS APPAD'tfI) FaR 1HIS PlAT ~=~~~::~~~~~WNCD DIIPflOWIQ 1KE DItMWE rAClJ1ES canAllED 1HEREIN. NOTE 'DIAl DUPT FOR n£ FAaJ1ID IHDt HA'C: BEEN FORMALLY ACCEPTED FOR II&AIIC1EJrIMCE BY tHE an OF REH1QN. IIIAInEJWr«E Of DRMIADE FACIJ1ES CIt PllVAtE PRCRRTY IS ncr R!SfICNS1II.I1Y OF THE. PROPUI1Y OWER. 1HE CJIarIERS OF 1M) PRlVAlE PItQP£RTY 1#1£ REIURED TO CllTMI WIITlEII /JIIfff.fN1L. FRCIf 1HE aIY OF' REN1UN MID I«'( RPlUIIED PERItI1S FRCIf ROmJII DE'CLCIPMENT SDMClS PIIDR 10 f'U.IG. fIFIrIQ. 0JT1'Ita OR IIDIOWC 'CIEfA1KIN (DttEPT FOR ~ UlNTENNIcr SIJC)t AS LA'" ~ .. OPDI =~~~~~=-f~~==~~ ltIS EASDENT NG CCMNMT IS II1tJCDEl) 10 FAClJTA'ft REASaNA8L£ Aa:ESS FOR 1HE: CPERA1ICIII. ~'::~~~~~~~lEEA~r,m~ SICIZSSIJIS ..., ......... 4. R£S1RIC1IONS FOR SENS11¥E M£A NIIJ SDIStIW:: MEA BIFFlRS DEIICA'DCII at A !iENSI'RW: M£A 1RAC1'/SEIISfIl't£ IIIIEA Me aFFIR c:cN'VE'tS 11) 1l£ PUaJC A ~~=QF"MWw::~n:..~~=a:rn~....=~~ AIC) El'ARL .. CI.1.aIG CONTROL fIF 5IIFACI: WAlEI MID fROSI(II. MAltTDINICE CF SUJFIE STABIL.I1'Y. /JIG ~d~dr~~A~~oca:~~~:o~ lRACT/5EfII5I1I\'£ MEA NIIJ EUfER 1HE CllJDAllOII. .EWtRC£ABL£ (II BEtWF CF tHE P\8JC BY ICING aum'. 10 LEAVE IJNDIS1\IIED ALL 11US All) 01HD \GEfA1IQtI .,... THE TRACT/!5ENSI'U\t: AIl£A AND EUFUL 11£ EE1'A'D(II W1HII 'H 1RACI'~ NII£A "., auFRR MAY HOT IE C1JT, PIUED. CI7ttJED BY fI.L, RDIO\C DR DAIIAGED Ii1tCIUT ,t,IIPROYAL ttl .-me FROM 'nIE Q1'Y CF AEN10M DE\fl..CIIUEIn' SER'tIICD DR 119 SIJCXD!IDR AGDCT. t.IUSS 01KERW5E PROWlED BY LAw.. ~a:t=m~~~\t:~=~QF~E~~~~ Nt'I a.EARIG. ~ 8.Il£WrIG CXItS'IRUC1DI OF' 01HER DE\1EI..CJPWNT ACtM1Y (II A LD1' sa.a.e:r TO ~~..nn.TRACT~~~~WJfI~:::~: __ CDF\£1tD. ~~~r:c:.,=~ =£R=:OO~~~~lHE PRlVAl[ DRAINACE EA!DIEN1S StIlaI ON THE FNZ OF 1115 PLAT. PER AN EfiICiiIrrEERII PLNI APPRCM:D BY 11£ an fIF RDmJN. A ....-:FAIJ1Y aJilPCaAlDt fIF KIIC a:unv. FOR 11£ PrtOJECT taCJIIII AS StWImCJ( HEDtTS D FOR THE QTY OF REHItII 11$ GRNnEE. 10 DmR I.PCI4 SAl) EASDEN1'(s) FOR 1HE PURPOSE aF QIISERWifG ~::=Gr==..r~~~~=...r~~~PUH ..., ClINT .... .".. SAIl EASDDT AR£A(S). TH£ COVDWI1S tER9t CDNTAIIU) !lULL lUI _TH 'nIE L.Nm oW) NII£ .....a IJIIQN 11£ CRANTCII(S). ITS ....... ..., ..... __ 11>DE1lF.-. CllY Of RENTON RLE NO. ???T?? t. frIS1Rt.IIEJITAlICN FOR 1MS aIR\O' WAS A , ...rrE THEODOUTE NIIJ nD:1RDIIC DtSTNKE IIEASAND WIT NOC:IDURh USED .. THIS SLIt\'lY .. ~ TRA'GSE. MEEtIIG ell IDCC:lI:mC STANDARDS S[1 8V WAC • )32-1»-010. 2. PRaPGTV caAICERS SHALL • SET AS F'CIJ..OWS I.I&DS cm&NISE SPECFED. ~ ~Z4-R£BAR wnt CAP -us NO. '85Br ON LOT NIIJ TRACT lNS zo FEET fROM M fRONT LOT AND ~ LEAD AND TADCS aN CCIICR£1'I: CIIII AT 11£ EXfDCSICIN Of K SKIE LINES aF THE LOTS MID TRACTS. SET I/r • 24-R£BNI _TH rJIj "LS NO. ' .... AT ALL R£M LOT /IHJ tRACT CDRtIERS. D STMGAAD an OF RENTON MOtrcMJfl" .. CASE TO IE SET AS 1IXCAltD. ,. lHE STREET TREES SHALL. IE QIIiiIED AN) MAINTAINED BY 1HE A8U11'NO LOT QIMIERS (II H !iHIMIOaC HEJQH1S MOMEOWN:R'S ASSOCIA1JCIrI \II.ESS 1HIE DlY OF REJmIrI HAS ADaP1tD A MAINlDINlC( PROCIIAM. .. REStRIC1ION9 FQR &DISI1I\t: MEA NIIJ SDISI1N£ MfA IIUfftRS IJEDl:AlDI OF A SDISm\£ MEA 1RACT/SEllSITNE: MEA AND 8UFRR CDI't£YS 10 THE P\IlJC A BEJrUlaM. :JA;'~~1M-:n~,:cr~~ ::T:r =':s'HEAL~ AIm .aFAR£. IIt\LIJICC CXIf1'RCI. aF allfNZ WAlER N6J EROSCII. MMllDWCE OF aJFE STMIUTY. AND PRCnEC'nDN OF PUHT AND .v.IAL HABITAT. 1HE SIENSITIW: MEA 11UiC1/SENS1lM ARP MID IURR ..asrs IFCN AU.. ~~TICN.~:O~=~LNfv~~~~...=&sc:rm tREES All) atHER \UETAtICN tI1IDI 1HE lRACT~ IIIl£A All) BLFmL 1M[ 1tUIEtA'UCII ..... 1HE ~-=':::fER"=~'=s'=~~~u:=m:r PRO\CIIED BY LAW. 1K[ CCIAIDN IICUI)AR'Y' IIEnEEN 1HE tRACT~ NJI£A AID BUffER AID 1HE NI£A (6 DaB.aPIENT ~~~~~~~AC1DI~~a,:rru:r==~lONf'( ~~~~~~.~-=cr=~~s:.:AU.~ e. AU. auu:ac 00. SPOU1S. FOOTIMC DRAINS. MIl ERMIS FRCIiI AU. IIPERWlUS SURFACrS SJCH AS PATIOS NIIJ DRl\EWA't5 !iItAI.L BE CXNe:1ED 10 11£ P£JIMNIENT snat DRMI CIU1LEI' AS ..,.. ttl THE APPROt.C ~ DRA..a5 CIt R1E wnt ~ DE\£l...CAENT SEIIWZS II\EDL 'THIS PlM SHAU. IE !iII.8IT1ED lItH 'THE APPlJCAlDI OF I«f -....-0 fIEJUT. MJ. CCIIIMEC11CNS fIF THE DRMIS MUST IE CDNS1RUC1ED AND APF'RO'\ED PRKJR TO FWM.. 8ULDIIG UCSP£C:1ION /ltl'f"RfN1L. 7. 1RAC1 T IS A NA"n\€ CAQWrH PR01EC1ION MEA TRAC1' All) IS HEREBY CI:ItnElB) TO 1M[ StWA:ICK HEIGHTS tfCIIEIMIIfJtS ASSOCIA1ION NCO SHAlL • MMlTMNED BY 1H! 9tMRDQC HDIIEOIICRS ASSDCIA'DCII. a. 1RACT T IS A DRMIME AND UTUTY 1RACT. IDEIIY COM\£lED 10 'tHE !IWIlOCK tBIIlS HIM'OWaRS AS5OCIA11OII NIIJ SHALL BE MMI1MCED BY 'D£ 'SHMIlOCIC ~ ASSI:QAlION. ~ tWX: ~ :S:=": PCnCIIS CJF LD1S '-I AND 8 IS HEJIEBY c:.atMl£D TO 1M[ CI1Y OF ::n.n: :;.rW'CII~ =='CF~r.-PDR110NS (II' LD1S 4 NID:5 IS HEREBY aIM'I!D 10 1HE ~ ~ a1, ~~ tfWiIABE £ASDIEN1 O\ER PamOtIS OF LOTS .. 7 All) 1RAC1 E IS HEREBY DEDICAtED 12. THE PRIVAtE: S'I'CRI IJRADIAGE EASENENT ..,... LOT 8 IS RII 'tHE .:.FIT CJF LOT .. UJT 8 stW.L IE ~d ~~ REPAIlS NG RECOICSTRUClDI OF lHAT PamON Of H PRIVAtE SIORII 11 THE PRlYAlE StORM DRMIAGE EASDEN1 _THII L01S ~ a ,. AND 37 fIF lIE PRDPDSED PLAT fIF StIAIItQtX HEIIIf1'S I All) .... LOT tl at 1IIS PlAT IS FaR 1HE BEI&IT at LG1S 3.1. 34, a .. MD S1 aF TH£ PROPOSED PlAT OF SHMUlQQ( HEIIf1S 1 NG LD1' ,t CF nus PLAT. lD1S .sJ" ~ as. .. NCI D OF lIE ~~~~t~J''::=A~~~~~~~NICE. 35r. 38 AN) S1 OF 11£ PRQPOSED PLAT OF StWIlOQC I£IOH1S 1 All) LOT 11 OF 1IIS PLAT. 34. 14. TH£ PRIVAtE SltJRM OIUOIAGE EA!BEIIT _THII LOT 37 fIF lHE PftCPOSED PlAT fIF SHMRXX ...ns I All) wntN LOT 11 IF lMS PLAT IS FQR lHE 8DIEFI1 IF I.DIS • AND 37 OF M PRCIPGSED PlAT OF SIWRJCIC HElQfI5 I AND LOT 11 OF 1IIS PLAT. 1.(111; 31 NIIJ 37 OF TH£ PRCIPOIiUJ PLAT CIF' 1iHMItOQC HEIQf1S I NG lDI' t1 OF 1lIS PLAT SHALL IE RESPfIISIILE FOR 1KE UAIN1bWICE. REPMIS NCI A£CXJNS1RUC1DI OF lHAT POR1DI IF THE PRlvAlE S'I'CRI tRAINAGE $'ISlDI SIEIMMO LDI'S ,. MID 37 OF 1lC PROPOSED Pl.AT or StUrMmCK HE3Qf1S I IMD LCJf " OF 11«5 PLAT. ,So 1H£ SlNTAAY S£1ER £ASDEN1S SHQIIrI tDEDM ARE CCIrt£lED 10 n£ Q1'Y Of REJfTDN lJIOM n£ RECCIRDIG CF 1KIS PLAT. t8. nas PRCPEATY SlI.B.ECT 10 AN EA5DIENT ...., n£ lERItIS AND Q3IirDtICIrI5 n&CDF CIWITm 10 PUGET SOI,IrI) fI'iNR AND UGHT ClllPI«f fOR EI.ECIIICM. LIES RECCIIIED UJIDER AIII1OR'S fL[ NO. I!IIIJ722D453. 17. nus PROPERTY SIB.£CJ 10 MG £ASEIENT NCJ 1lC 1!RIIS AND CCICDf110tIS ntER£CIF' C1W11£D 10 THE an :.,,~ UlIJTEB • DRMWE RECORDm tMDER MDTUR"S fU NOS. 1711lC1D821. 2DOt01' ..... NI) ,.. THIS PROPDtTY sia.£r TO AN £MDIEN1' NCI 1H[ TERMS NUt QJrmRICINS 1tCR!:ar ClWtTED 10 KIlO a:unv fill U1I.I1D RECORDED LINDER MDTCII"S FI.E MO. 5787UI. 18. THIS PRCP£RTY SUIU:cf TO All EA8DIEN1 MI) lIE TERMS NCO CCIUImCICS TICItECIF' awnm 10 PUGET == NIl) UIIT ClMPIH't fill D.£CI'IICAL LIES R£IXIIIED \.IJKR AUDmII'S FI.£ NO. aIUI ... AND 2G. nus PROPDfTY 5II8.£T 10 AN £ASEIIDf1 AM) 1HE 1UIIIS AND CCIIDf1DtS 1HEIIErF GAMTm 10 THE: aTY :O'~.U1U1ES MD IJRMrIAGE II£CGIDb) WCDER AlIIltW'S R.£ NOS. l71'lIIII22. 2OD'I0I11SOOC151J7. 21. nus PROPERTY SI.B.ECf TO AN EASDEN1 MI) 1H!: 1tRMS AND CXICDI1DCS TtetDF IiRMTED 10 THE atY :o,~..: ~~ RECGAIIm lamER .tIIIlDR'S FU MaS. 17I1D112Q, 22. 1KIS PRCPQTY SU8.ECT 11) AN PSDI£I(T AIm 1HE 1EJlIIIS NIl) COIIDI1DIS 1HEREDF GRMlED 10 ~ =--= :a:.:-==ISc:r~ =.::-,ws~~~w: EASaIDIT.1 23. tHIS PRDP£RlY SUB.EC1 11) AN EASEM£JfT AND 1H[ TERIIIS NIl) CClNDmONS 1HER£Cf' IltNllED 10 SJrCGQUAUIIIE fAI.LS MD watE lINER Po.ER ta.rPANY f1R POIEA ...., Ull4T PCI.ES AbXIRDED UNDER AlD11WS R.E NO. 2784410. ('DiE DIESI:RPTJOM CDfTMU .. lIE DOCUIIEJrfT 5 t«JT 5UfRCENT 11) DE1ERtINE 1HE EXACr LOCA11DN at n£ EASEMENT.) 24. tHIS PRaPER1Y a.I8.ECT TO AN £ASIEMENT MID 1HE laa.tS AND CCIaXTJaNS lJoERE:Df IltNllED 10 H aTY ~ ~n:s~ llRIMDlIG RECORDED UtUR REDIIDIC NO. 2OaZCI22IOOt1l3. ""'ATm lFON .JOB NO 01-159 SHEET 2 OF 4 1161411S1hAVOl NE Krtiand,WA98034-6923 425.821.8448 4258213461fa.o: 600 466 0756 IoIllree _fnadiill5socoom SHAMROCK HEIGHTS II IVOL/PG PORE 1/4 OFnE E 114. SECnoN I), lWP .... ACE Eo WM. art OF I&IroN.ICIG CCtMY, WAatNeJroN CEDCA110N AiFhCNALS IOCIW ALL PDIU BY nat: PRESEN1S tHAT II£. TI£ ulCIEJISlON[D CMIERS f1' IfTERE5T .. 1Hl LAND ary OF IEN1Qt Il'ffIDiMS HDIE8Y SLII)MJE]). H£RfBY DEQ.ME 1MS PlAT TO IE 'DE GRAPtIC AEPflESDfJAtJON rI lItE alii ..... MAlE. HEREBY, ...., DO HEJIEB't ~TE 1'0 tHE USE t:E 1HE Pl&JC FCR£"G ALL S1REETS AND A'tUIJES MDT SHOIII /lS PllVAlE HEREON AND DEDICAtE 1tE USE THER£OF' FOR AU. P\BJC P\,IIPDISU NOT aTY OF ....-..-1_ 1 PIBJC GO<!! _ARnDT I«XJfiCSISIDfT wnt 1HE USE: lHERED" FOR A&JC "QHWAY PI.JNI'OSES, AND ALSO TH£ RIGHT 10 MME AU. fCCESSAR'I" SUIPES Fe. CU1S AND Fb.LS lJICII tHE LOTS SHQIIaI lJ.ER£CIrI .. DE EXMIINED All) APPRaWD 1MS -DAY tIF ---. 2lI02 • CIWJIIG OF SMD stREETS AND A'GlO. "., f\IR1IIER DEDCAlE TO 1HE USE OF 1HE 1M£ £AID8I15 AND 1ftAC1S ..,.. C* lHIS PlAT fOR ALL PI.BJC F".MPOStS AS .......... BUT NOT lM1D) TO PARKS. CPEN SPACE, U1'lJ1IES All) DftM(AGI£ UN.£SS SIJQt 1IIAC1S .... --~y IlENlIfD CJII lHIS PLAT AS BOlD DEDICATED OR CXIrC'I'ED TO A PERSCIN OR EN1ITY 01HEJt 1HNI 1HE pusuc. RII1HER. 1HE IIaJISIIrED CMERS Of 1HE LNCJ teEn' Sl8JNDED. WM£ FOR 1I&ISiEl.WSr. 11€IR tEllS .tIC) ASSIIIICS NrC) Mt'I fERSCN OR EIImY DERMfC 1IU.E F1DI 1HE \M:IERSIGIIIm, MY NiIJ ALL a.MIS fill DHlMIES AOAIH5T an OF ~ ITS suc:::cts5CIRS NrC) AS5IGIIS .acH YAY IE OCCASIONED 10 11«: AOr.IM:ENT LNCJS Of TII5 SIJBDMSION BY tHE ESTAIII.JSHEN1. CONS1RIJC1ICII. OR ary OF IEN1Qt IIIMN'1'EHANCE Of ROADS ..,... nus SIIINSION. F\ImER AGR£E TO t«I.D 1HE aTY OF R£JI'I'C»I Nt) IH'f OOlERJrMNTAL ALlfHCIlITY HARtA.£SS. ItCI..LCJIfa 11£ CXI5T CF IJEFDISE. .. MY, FRaY IH'I DMIAGES to PERSCICS OR PRaP£RTY ....,. OR WIHOUT fKJS ~ AND AfIfIRDWD 1HIS _ DAY Of ___ .21102. 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OR at MY sumNSIDN mE ltEIECP'. 1HIS c::owJWIT SIW.L RUN V1H 1Ht INID AS SICJI8I ON 1HE LI:IND PlAT. IIY_EXPIRD CIIIII1Y -.. OFfICIAL" __ ILDCK (W~ »2-'_1 LAND ~RVEYOR'S C~T1ACA 1£ I HbIEBY CEJIlFY THAT 1115 PLAT tE SHMItQaC HEDITS • IS BASED LPCII AN AC1UAL ~ AIG !ilIIIMSICII DF SfCTDiI t5. m.MP 2l NCR1H, RMCE 5 EAST. ...... AS REQUIIED BY STAtE srA1U1E8; 'tHAT 1KE DlSTNICD. CD.R!EB NG MIUlI M£ ..,.. 1HfJI£DN CDRRECn.Y: tHAT nE MCIUIEJIlS 1iiHALL IE. SET NG lDT MG III.DQ( CDRIERS SIW.L IE STAKED CCRRB:TLY ON THE IiIRDIJND. DIZPT AS tI01ED" THAT I RI1L.Y aJWI.D '"" PRCNSIICS DF 1HE STAtE MID LDCAL srAMD NCO RBlAAlDIS OO\ERNIIG PlAT11NG. rlf~ I~~ NCIC A.. 'INlIER. PROfES5IDNAL LNI) SIIM:'Ial. CER'DRCAlE liD. t ... 1RIAD _,.. ~ U8l4 1151H AV£. lIE. tGRICI.MID.~1It04 -( ... 1 .......... RECORDING CERTIACA 1£ fUD FOR REC(R) AT tHE REDlBT CF THE cnY rs RDmIf litiS __ DAY rs 200_ AT ___ MNJ1ES PAST -----'L AND RECCIIED '" ........ ____ DF PlAlS, PAGE(S) R£CCRJS rs ICING CQM1Y. WASICHOTDN. DNSIDII OF REDDRDS IHJ EL.EC1'IIIS ........" """""""'OF_ PQImON 011 'D1E IIDR1I£AST CIUAR1!R " 1HE NCIl1K£AST QUAR1ER CF (§ SEC1IOII 1s-. 1tMISHP 23 IICRTH. RANGE I!I EAST, -.LMETT[ fIIERIIWII. ~ lIaTYOF_ICIIIGCOI.OI1Y • ....-.... ~R1AP 11814115thAve NE Ci) KlII<land. WA 98034-6923 425.821.8448 425821~811ax CITY Of' RENTON FILE NO. """ 80C\48801S6t;l1tfree JOB NO 01-159 SHEET 1 Of 4 WWW.1nMa&SOCallTl ·> . Sara Slatten Camwest Development . ;;'. PARTIES OF RECORD Shamrock Heights II Final Plat LUA04-148, FP Shamrock Highlands LLC 9720 NE 120th Place ste: #100 Kirkland, WA 98034 9720 NE 120th Place ste: #100 Kirkland, WA 98034 tel: 425-825-1955 (owner) (applicant / contact) I I / r-,--- .' Denis.Law . M~yor .,.,', : . '. . " May 5,2014 Lora L Bender .. '. . ", -. Charter Bank-Bellevue ,10885 NE 4th Street, Suit~ 100 .' .. Believue,WA98004 Community & Econpmic Development Departrnent C.E.I Chi p"Vincent,AdmihistratOr· ' . I SUBJECT: . RELEAS.EOF WETLAND SURETY. DEVICE ASSIGN-MENT'OF FUNDStl1703016 ~SIiAMROCKHEIGHTS 11-KITSAP AVE N'E AND N.E4TH CQU,RT,RE'NTON WA - , . . . . De:ar Ms. Bender: --. -. ,This.ietterwill serve. as the authority torele~se the Assignmentofj:~nds#1703016jssued November18,2005 to Camwest Shamrock Heights, LLC,' in the amount of $12,2S0,post~dto the:Ci1:ydf.Renton onbehalf oJ the ~hamrockHeightsl:1 pi at. Enclosed i~ the original .' docume'litation for:yoi.Jrrefe~eh<;e. . . . . , '. • _,.I;, ...... _ •. "' •. ,,~. -.,.. I' ..... ,--if-you -have-any;q uestions~-;pleaseconta Gf,t:he"Prefect,M~riage f, d iii· Di ng-at(425)A30:-6598·:,~ ,-. ,.. "':~-:~"-' '-:.-...... . -' --. . '. . , ' . . . , .:. -. ,', '. ," Enclrisure(s): Chartei" Bank -Bellev~e Assignment of ~I.Jnds #1703016 . . . . cc: Sara Slatt~n -Carriwest Development ", Rent~n City Hall •. 1055 Sduth Grady Way 0 Rentori,Washin~ton98057 .rentonwa.gov -_ APPLICANT: Owner: Address: Phone: Fax: Attention: Title: CHARTER BANKM ASSIGNMENT OF FUNDS TO THE CITY OF RENTON Charter Bank'--______ _ Bellevue ---=~-------------10885 N.E. 4TH Street, Suite 100 Address: Bellevue, W A 98004 ---------Phone: (425)586-5000 _____ _ Fax: (425) 586-5010 _____ _ Attention: Lora Bender, ----------Title: Sr. Personal Banker ----------- The above referenced bank hereby certifies that _ twelve thousand two hundred and fifty dollars ($_12,250.00~ is on deposit in the account number #1703016 under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. ' Plat or Project: Wetland Mitigation Monotoring Location / Address of Plat or Project: Kitsap Avenue NE and'NE 4th Court in Renton ;;~~' '.""'.,~ .... ~-, .• --... ~.--••• ~'.~ .' "'~"'" -............. ---•• e" ~ •• ~ ... --<"~ ... "!'~~~-.:t!"'.~?~i .. ::;~2·:~-_ .t'::~.!·""-"~:7 -~,:.':.~:-'-~-' r-~~--. ' •• -_-<~., , . "t.':: ••. ., .•...• ,.,.-.-.. -". ~-~-..• ' ~~,-. ~"'~-" ''''':".--___ • _ .. ~ ..... ~,._",,-" -.c: .. ~_".. The, required work is generally described as follows: The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. . '. , , The apphcant hereby agrees to this'as.signment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by th~ bank or applicant. These funds may not be assigned, pledged, used as secUrity or otherwise made available to the applicant, bank or a thirdparty without the prior written consent of the City, . APPliC~~ Authori ignature Authorized Signature SMdl-S utIT¥N I PM Name, Tli . . . II .J) a::; Date Lora L. Bender Sr, Personal Banker Name, Title Noveember 18,2005 _________ _ Date EQUAL HOUSING LENDER BELLEVUE omCE TEL: 425-586-5000, FAX: 425-586-5010 KENT omCE TEL: 866-230-8500, FAX: 253-813-5926 REDMOND omCE TEL: 425-882-3535, FAX: 425-882-2484 SEAITLE omCE TEL: 206-774-5400, FAX: 206-774-5407 www.charterbankwa.com FDIC . Denis Law MayOr ' , May 1; 2014 " Sara Slau~'n , Camwe'st bevelopment '9720 j\JE120th PI~ce':" Suite #100 Kirkland, WA 98034, Community &Economic D~velopment D~partment , , ,~' . CE."Chip"Vincent, Administrator ", -, Subject: " Receipt ()f FOUl1:h and FinaIAnnuiilMaint,enarice.a~d Monitoring Report .. Shamrock Hei,ghts II Plat, . City of Renton FileNo. LUA04-148 . ."' . .', ." Dear Ms. Slatten: ' This letter is to infOrm you that I have accepted the foLirth and final, annual maintenance arid monitoring report for the Shamrock Heightsll,\Netland Buffe~ Enhancement., Upon .. ··,evaluation; 'it appea(sthe 'project isln compli~nce 'with~ the establishedperfo,rmance'-',' ~taridards therebysatisfyirigthe 5 yearsucc~~s'ful ~~nitori.ng period requireroent. ,.,,' , ~.: . ,,", " .... ".' ,.~--... ';·1' h~e"initj!Olt~d,the pap'~rwQrk to'feleasethe suretYiin·thl:!· amountof $·12/250:G(}.-~lf~Y0u~·~;,-:~:·,-';'''-" ...... ~ ... have a'nygeneral ,guestionspleas.econtact.m~·at (425) 43·o.~659,8 or Stacy' Tucker 'with , , . questions in regards to the release of your surety at (425) 430-7282. .' . Sincerely,. 'di' C},J-l! 12 . . ' " '-0 . JII 'Ding, Senior Planner Current Planning'Division . . . --... ~ . --~ --: . '. -,." .' . ':. . . :,. , cc: City of Renton File LUA64,~148 C. Garv Schultz -Wetland/Forest Ecologist. Jennifer Henning~ Current Planning,Director --. ~ ------------.~.-----~---------------------- "..- Rent~nCity Hall' 0 1055 SouthGradYWayoRenton,Vlfashington 98057 0 rentoriwa;gov ; " c. Gary Schulz November 13, 2013 Mr. Gerald Wasser Associate Planner City of Renton Community & Economic Development 1055 South Grady Way Renton, W A 98057 Wetiand/Forest Ecologist 7700 s. Lakeridge Drive Seattle, Washington 98178-3135 206/772/6514 -206/920/5489 cell Re: Shamrock Heights II -City of Renton File No. LUA04-148: Wetland Buffer Enhancement -4th & Final Annual Monitoring Dear Mr. Wasser: In response to your 10/1/13 letter, this is the final annual monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. This letter is the fourth annual report and the fifth year of monitoring following the buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. Per the buffer monitoring program (7/2/05 Wetland Buffer Enhancement -Monitoring & Maintenance Plan, Schulz), the annual site inspection is conducted late in the growing season with the report to be submitted to the City within 60 days. The previous annual monitoring inspection was conducted on July 24, 2009 and followed with a monitoring report (7/26/09 Schulz). The subject buffer area was recently inspected on 11/5/13. Tree replacement and blackberry shrub maintenance occurred during the previous years of monitoring. As a result, all of the buffer enhancement trees are alive and growing. Photographs taken on the site during the 11/5/13 monitoring inspection are attached to this letter. My observations of the buffer enhancement area and trees are as follows. 1) All of the enhancement trees (7 Douglas fir & 5 Western red cedar) are present, healthy, and growing without damage or signs of disease or infestation. Mr. Gerald Wasser, Shamrock Heights II November 13, 2013 Page 2 2) The Douglas fir trees are as tall as 25 -30 feet in height and have out-competed the remaining blackberry shrub cover. The Western red cedar trees are about 15 feet in height. The cover around the majority of enhancement trees is currently dominated by native plants i.e. salal, bracken fern, sword fern, Pacific blackberry, and salmonberry. In summary, the enhancement tree planting appears successful and in compliance with the Wetland Buffer Enhancement Plan. As part of this final monitoring report, it is recommended that the mitigation maintenance and monitoring bond or security be released. Please feel free to contact me if there are questions. Sinc.erelY, 01Jf-C./J~() c. Gary S~ulz WetlandlForest Ecologist cc: Mr. Aaron Kopet, Cam West Development (Toll Brothers) Shamrock Heights II: Photographs taken on 11/5/13 Shown in these photographs are planted Douglas fir trees growing on the east side of buffer area. Shamrock Heights II: Photographs taken on 11/5/13 Shown are the planted Cedar trees growing on the west side of buffer area. . . . . . . Denis Law" ,Mayor' ': • • 1-' 'Departmf;!l1tof Community an~ Ecohomic Development . ' C.E. "Chip"Vincent, Administrator Sar'aSlatten ,~Camwest D~velopment , ·9720 NE 120th Place -Suite #100' Kiridand~WA98034:' ~)', . ", -, Subject: ,. .' R~quest for Status of Maihtenance, and 'Mo-nitdriilg, ' , . Shamrock. Height.1l Mitigation Project: ' . ,'. ,City 'of Re,nta:n' File LU~04~ 148 . Dear Ms~ Slatte~:, ... ", " .. " ',.J . 'CityofRen:ton lYIunicipalCbde r~quireS th~t mainte'nance and monitoring reports 'be : . . '. ,receivedquarterly'fortheJirst year and annually therea~er.Our records indiCate that . the'Cityhasyettorec~iveyour4th and final annuai:~eport wbi<:h w~s due;on Jurie30,;, i010: ' '.,. ", --., , .' .'.,. ", ", .,"_ .... This lettersetves as 'your ,second notjce' arid yO,u now have'iodays upo" receipt. a/this=': . .' letterta submit thestatvso! tlie wetland mitigation project, or ,this,-matte,''wili b'e ' , ii!/~rre(itqoliri:o(Je Canipliance Divisi~n. .', ;' '.' ',:',' , . PJea:se submiUhisand all subsequent 'materials relatingt.o~the wetland mitigation' . . ' project to rriy'~ttentio~ by October 31,2013;'1 can be fe,ached at 425:-430~7382 or . "gwas~ei@rento'riwa~g6v withanyquestibns: . .,... ~. '" . 'Associate Plann'er' . cc: '~City of R~nton FileLUi04~148 . . c. Gary Schulz· .. '. _ Jennifer Henning, Current Planning Manager . Dpnna Locher,. Cod~ COmPliance Inspector ", ; . Renton 'City Hall • 1055 South Grady Way .. ~ R~nton. Wa~hington 98057 '. rentoriwa.g~v . ': . . . .' . :' , .. ',' .,' Denis Law . . . Mayor . December 28, 2012. Sar~ Slatten .' Cainwest Development . '\. '., " . 9720 NE120th Place -Suite #100 "Kirkland,'WA 98034 Department of Community and Economic;Development . C.E:'Cl')ip"Vincent,A(jministrator. Subject: Req'uest for status of Maintenance and Monitoring ShamrockHeiglit'U'Mitigation Project' . City of Rentori Fil~~A04~ 148] Dear Ms,. Slatten: City of Renton Municipal Code requires that mc3intenan'ce; and monito~ing reports be received quarterly for the first yearandannuallY thereafter; Our record~. indic'ate that . .'. ..... th' ". . '. . '., .. the City has yet to rel:.eive your4 . and final annual report which was dueon·June 30, . . .' '.. .. 2010 . . ' this letter serVes as notice that you have 30 days upon' receipt of this letter to submit the,:statu5 ofthen:ti~igation project, or the matter will. be turned over to the Code Complian.ce Section: , Please submit this and all subsequent materials relating-to the wetland mitigation •. pr9jet~ te:>. my a~en~i~n .. Ica ~ b~ rea~hedat 425-Lj.30-7219 with' any questions ... Sincerely, '. ·······4·-' . . 1·.··.·~· Rocale Timmons. Associate Planner. cc: .. _ City of Renton File LUAO~-J.48 C. GarY Schulz Jennifer Henning, Current Planning Manager Donna Locher, Code Compliance Inspector ." RentonCity Hali·. ·1055 South GradyWay • Renton,~as~ington 98057 • rerito~wa.gov· DenisLaw Mayor September 2, 2009 Sara Slatten Camwest Development 9720 NE 120th Place -Suite #100 Kirkland, WA 98034 Department of Community & Economic Development Subject: Receipt of Third Annual Wetland Maintenance and Monitoring Report Shamrock Heights II Final Plat City of Renton File No. LUA04-148 Dear Ms. Slatten: I received the third annual Maintenance and Monitoring report forthe Shamrock Heights II Final Plat on July 27, 2009. The project appears to be meeting its established performance standards . and is considered in. compliance. Necessary measures, as recommended in the rnonitoi-fng report, need to be completed to secu;e the su~ival of the plantings. Thefinal and 4th Arin-ual monitoring report should include a follow-Lip statement that the recommended actions have been completed. Two copies of your next scheduled maintenance and monitoring report are due to the city by June 30;2010. If you have any questions, please contact me at(425) 430-7219. ::;?~~ 'Rolale Timmons, Planner -- Current Planning Division cc: File No. LUA04-148 C. Gary Schulz, Wetland Ecologist Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov c. Gary Schulz July 26, 2009 Ms. Rocale Timmons Planner • City of Renton -Planning Division 1055 South Grady Way Renton, W A 98057 • Wetland/Forest Ecologist 7700 s. Lakeridge Drive Seattle, Washington 98178-3135 2061772-6514,206/920-5489 cell City of Renton Planning Division JUL· 2 7 2009 Re: Shamrock Heights II -City of Renton File No. LUA04-148 Wetland Buffer Enhancement -Third Annual Monitoring Dear Ms. Timmons: Per the City's requirements, this letter provides the 2009 annual monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. This is the third annual report and the fourth year of monitoring following the buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). Thewetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. Per the buffer monitoring program (7/2/05 Wetland Buffer Enhancement -Monitoring & Maintenance Plan, Schulz), the annual site inspection is to occur late in the growing season (August to September) with the report to be submitted to the City within 60 days. Per your request, the annual monitoring inspection was recently conducted on July 24, 2009. Two of the twelve original trees died during 2008. As a result, blackberry maintenance and tree replacement were provided earlier this year (see compliance letter report, Schulz 2/4/09). Because of the recent enhancement work, the monitoring observations are limited. The list below provides my observations of the buffer enhancement area and trees. 1) All of the enhancement trees (7 Douglas fir & 5 Western red cedar) were present and growing without damage or signs of disease or infestation. 2) The two replacement trees (1 Douglas fir & 1 Western red cedar) need to be hand- watered during the 2009 summer months. A thorough soaking around the trees is recommended at least once a month. Watering should occur as soon as possible in July 2009. With the current hot and dry summer, I recommend that August have 2 watering events. 3) Blackberry shrub cover around the trees was pruned earlier this year. The cover around the trees is currently dominated by native plants i.e. salal, bracken fern, sword fern, Pacific blackberry, and salmonberry. There is no immediate need for maintenance. • Ms. Rocale Timmons, Shamrock Heights II July 26, 2009 Page 2 • Photographs of the buffer enhancement area were included with the 2/4/09 compliance letter report. Cam West Development has been contacted regarding the need to provide a July watering event. If you require additional site-specific data, please feel free to contact me. z)j' s2MJR, CoGary:1 ~ 0 WetlandIForest Ecologist cc: Mr. Aaron Hollingbery, Cam West Development · .. DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 13,2009 Laureen Nicolay, Planning Amber Hoffman, Dev. Serv. Carrie K. Olson, Pl~n Review x7235 C5J-.0) Shamrock Heights II Plat L02P0014 I LUA04-148 Laureen: Please find a copy of the agreements and bonds listed below for your information. Amber: Please find attached the original agreements and bonds for the above plat that was forwarded to the City of Renton from King County as part of the Shamrock Annexation. Agreement to Install & Maintain Street Trees. Agreement for Sensitive Area Restoration cc: File \ King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 SENSITIVE AREA RESTORATION AGREEMENT AGREEMENT Number Guarantee project/permit Number and Name L02P0014 -Shamrock Site Location Parcel 1023059022 This AGREEMENT is made and entered into this ~ day of ~1ID~ , 20D~ (Effective date) between the King County Department of Development and Environmental Services, hereinafter called the COUNTY, and the above named applicant, hereinafter called APPLICANT. All references in this AGREEMENT to the APPLICANT shall include the APPLICANT and its successors and assigns. All references in this AGREEMENT to the COUNTY shall include King County and its successor political jurisdictions. !Basis for AGREEMENT:I WHEREAS the undersigned APPLICANT seeks to record the above-referenced subdivision or obtain issuance of the above-referenced permit; and WHEREAS the COUNTY will permit recording of the subdivision or issuance of the permit upon agreement by the APPLICANT to, among other requirements for this project, complete all terms of this AGREEMENT; NOW THEREFORE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, and assigns, as follows: Terms of the AGREEMENT: 1. The APPLICANT shall fully install all sensitive area and/or buffer mitigation measures required pursuant to the above referenced Project/Permit by the time specified by the COUNTY, which is prior to recording of the above subdivision (unless approved in writing by DOES). Installation shall be in accordance with the approved sensitive area and/or buffer mitigation plan including any approved amendments or extensions -thereto, and in conformance with applicable COUNTY ordinances, standards, and specifications. All improvements shall be installed to the satisfaction of the Director of DOES or his/her designee. 2. The APPLICANT shall fulfill all other requirements of King County Code 21A.24 and other Codes and regulations applicable to the project, even if these requirements are not set forth in this AGREEMENT. 3. The COUNTY must approve (in writing) any APPLICANT proposed change of work from the approved plans prior to beginning such work. 4. Prior to beginning construction, a pre-construction conference shall be held with the COUNTY, the APPLICANT and the APPLICANT's contractor(s). 5. The APPLICANT shall be responsible for costs of any corrective work on or off the site to the extent that such corrective measures are associated with work performed and/or not completed. 6. The APPLICANT shall implement all necessary erosion-sedimentation measures/facilities to ensure sediment-laden water does not enter natural or human- made drainage facilities and will maintain them until such time as erosion potential is past. In the event erosion and sedimentation is observed and upon written notice by King County, the APPLICANT shall immediately take corrective actions to prevent erosion on or off the site. 7. The APPLICANT shall notify the COUNTY in writing upon installation of the mitigation plan measures. Within 60 days after COUNTY inspection approves mitigation installation, the APPLICANT shall submit as-built drawings, and shall thereafter submit monitoring reports by or before October 31st in every year following. A04BN297 \ sensitive Area Restoration Agreement Page 2 8. The APPLICANT shall perform monitoring and maintenance as set forth in the mitigation plan so as to create healthy growing conditions for five years after the COUNTY approves installation. If the project site does not meet the performance standards established in the mitigation plan, the COUNTY may extend the monitoring period until those performance standards have been met. 9. Prior to the COUNTY's approval and authorization of construction, the APPLICANT shall post a financial guarantee in the above amount and in a form approved by the COUNTY to guarantee compliance with all terms of this AGREEMENT. The financial guarantee shall remain in force and effect until written release by the COUNTY. The APPLICANT's obligation to perform work and pay fees and other amounts is not limited to the amount of the associated financial guarantee. 10. Any failure on the part of the APPLICANT to proceed with due diligence and in good faith in the construction, maintenance, and/or monitoring work provided herein shall, upon notice by the COUNTY, constitute a default of the terms of this AGREEMENT. 11 . The APPLICANT shall reimburse the COUNTY for all direct and indirect costs necessitated by this AGREEMENT, including but not limited to plan review and inspection fees pursuant to Title 27 of the King County Code, hourly monitoring and inspection fees pursuant to Title 27.02.080, and corrective action or abatement. 12. The APPLICANT hereby grants the COUNTY the right to enter and inspect the project site, and, in the event of any failure to perform terms of this AGREEMENT, to implement such corrective measures as the COUNTY deems necessary. 13. The obligation to install, maintain, and monitor the mitigation measures set forth in the mitigation plan shall run with the principal of the guarantee. 14. The APPLICANT shall be responsible for the proper performance, safe conduct and adequate policing and supervision of the project. This responsibility shall not be lessened or otherwise affected by the COUNTY's review of plans, specifications, or work, or· by the presence at the work site of the COUNTY's representative(s), or by the compliance by the APPLICANT with any requests made by said representative(s) . 15. The APPLICANT shall indemnify and hold the COUNTY and its agents, employees and/or officers harmless from and shall process and defend at its own expense all claims, damages, suits at law or equity, actions, penalties, losses, or costs of whatsoever kind or nature, brought against the COUNTY arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the APPLICANT's performance or failure to perform any aspect of the AGREEMENT. Provided, however, that nothing herein shall require the APPLICANT to hold harmless or defend the COUNTY from any claim arising from the sole negligence of the COUNTY's agents, employees and/or officers. 16. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington. 17. This Agreement shall remain in effect and the associated financial guarantee shall not be released until five years after installation is approved by the COUNTY and performance standards set forth in the mitigation plan have been met to the satisfaction of the Director of DOES or his/her designee. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. __ ---:X'>=....!O...!.'~*""~""""'____='--_____ TITLE:_B'_'»1'-''--'-------__ j~ BY: __ -'~~~~~~~~~~~ __ -7 ____ ~~~ ___ TITLE: __ ~L~ ____________________ __ DATE: ______________________ ~~~-4~~~~--- ACTIVITY NUMBER ________________________________________________ __ A04BN297 King County Department of Development and Environmental Senrices 900 Oakesdale Avenue SW Renton, WA 98055-1219 Financial Guarantee Activity No. --=.;A:.:0c...:4=B:..:N..:,;2"'9c...:7'--______ _ Name of Project Shamrock Location/Address of Project Parcel 1023059022 Project No. L02P0014 ------------------- Bond No. Bond Amount We Camwest Shamrock Heights, LLC ,asPrincipaland Developers Surety and Indemnity Compa a corporation organized and existing under and by virtue of the laws of the State of Iowa and legally doing business in the State of Washington, as Surety, are held and finnly bound unto King County, State of Washington, as Obligee, in the penal sum of Eighty-seven Thousand. Six Hundred Two and 01100 dollars for the payment of which we finnly bind ourselves, and our legal representatives, successors and assigns, jointly and severally. THE CONDITION OF OBLIGATION is that: 1. The Principal has executed an "Agreement" entitled "Sensitive Area Restoration Agreement, a copy of which is attached hereto and incorporated herein by this reference. 2. Under the provisions of the Agreement, the Principal is required to furnish a guarantee to secure the Principal's compliance with the tenns of the Agreement. 3. This Surety Bond is intended to secure the Principals' perfonnance of work and payment of fees in accordance with the associated Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County, this bond may not be tenninated or cancelled by the Principal or Surety for any reason. 2. The obligation of the Surety shall not be discharged or affected by any extension of time for the Principal's perfonnance of this Agreement or by any amendment of the engineering plans used for construction of the project. The Surety hereby waives notice of any such extension or amendment. The obligation of the Surety shall, in no event, exceed the penal sum hereof unless the Surety has expressly consented to any change, modification or . extension of the Agreement and has issued its written adjustment of the penal sum, signed by the Principal and Surety. 3. Upon failure of the Principal to perfonn any of the tenns of the Agreement, The Surety shall either perfonn the tenns of the Agreement or shall tender to the County the amount which the County estimates necessary to effect compliance with the tenns of the Agreement. The County estimate may not be challenged or otherwise disputed by the Principal or Surety. Any funds provided by the Surety in excess of that expended to remedy noncompliance with the Agreement will be returned to the Surety upon completion of the remedial work and payment of outstanding fees. 4. In the event that this project becomes part of an incorporated area, King County may transfer its rights and obligations under this Surety Bond and the associated Agreement to any successor jurisdiction without notice to the Surety or Principal. The rights and obligations under this Surety Bond are for the exclusive benefit of King County. Except as otherwise expressly provided herein, the rights and obligations of King County under this Surety Bond may not be assigned, hypothecated or transferred for any purpose. It is the APPLICANT'S/PRINCIPAL'S responsibility to notify King County of any change in address, phone number, or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/aU fmandal guarantees prior to a change of ownership occurs. A04BN2a9tr7 Page 2 of2 PRINCIPAL: SURETY: 10/28/05 Date Dale Je~ny L. Kane, Attorney-In-Fact Title Tille Camwest Shamrock Heights, LLC De~elo~ers Surety and Indemnity Company Mailing Address Mailing Address 9720 N.E. 120th Place #100 P.O. B5x625 Kirkland. WA 98034 Bothell,.WA 98041 425-825-1955 425-486-1291 Phone Number Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL State of Washington, County ofK.ing I certify that I know or have seen satisfactory evidence that &--tc.--CArYl. r' ~ signed this instrument and acknowledges it to be hislher free and voluntary act for the uses and purposes mentioned in this instrument. (Notary Seal or Stamp for Principal) SURETY.doc (10199) Dated: _-,-"I O,,-+=,/s<..!...1 +::1 c6:::..::~~-=-_______ _ Signature of Notary Public: -+~*'" ~~f---j-"7'~~:E::::.!'=:::.I.u.~:..;=::........ Title: Pe-ojE?f .A1A1'JAOG1?... My appointment expires: _~2::::....--..::2;:..:5==------...::o=-~!=L. ______ _ Financial Guarantee Activity Number:. ____________ _ A04BN.297 DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defmed by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. 10-1498 (Rev. 5/03) Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 (949) 263 3300 www.lnscoOlco.com --POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY-COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Edwin R. Young, Dean R. Young, Kristin Jackson, Jenny L. Kane, Jenny L. Kane, jOintly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretysbip giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said cOlporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005. BY:'_Cj~~---,-,--~_ By~Hl\1iZn Walter A_ Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) )SS. ) On February 1,2005, before me, Nita G. Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of ~tisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my band and official seal. I' tOt t • ~~~H~t , 1.8·.· .wJ:/IM. .... ~1~.348 .... 1 .1 .. .. PUBI,JC .. . . ORANGE COUNTY ~ . . .= camm. eiqIIres.l$n. 10, 2009 t ••• omescoco ..... V Signature CERTIFICATE The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the ;). ~ ~ day of ~};u.¥ a 'f)~. ~ \ ~.,r---By . David L. K.errigan, Executive Vice-PresIdent 10-1380 (Rev. 2105) • , BOND REQUIREMENT NOTIFICATION [j]&©~ll\VJ&~ JUL 2 2 2004 L!!) Date: 7/2Z/0,( TO: Financial Guarantees Management Unit FM: Critical Areas Section RE: ActivitylProject # t. 01S B Of} (j -bOd P 00/ f/ KING COUNTY FGMU The application referenced above has been approved. The bonds listed below are required for this project. Applicant CAM WtfSrj)~t/Et orlt/l.::HI Phone # 71 ~ 8 2!/~ ... 1<fS-.r 97Z().tff 120[# ?lAcE' 5-lOP Bond Type (~S/Strearns/GeOIOgY!Wildlife) Bond Amount Performance D Maintenance D # Years Monitoring __ ~£L-___ _ . Initial Bond Fee N~( L FGMU Bond Activity # __________ _ Please return this notification with the appropriate copies of the bond forms and initial bond fee amount that was sent the applican.t, to Critical Areas Section. cc: File , ® King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055·1219 . 206·296·6000 TTY 206·296·7217 For alternate formats, call 206-296-6600. Date: Appendix E: Bond Quantity Worksheet for Critical Area Mitigations Project Name: SJ./fJ/'YJlZock PI<.()PU-TY' Project Number: Lo4-s,~7 Location: 12-40'1._~ \49:~1-\n ~.-----.BE.. ""VI 1\.(I,\';l netlllt:. )f7~ 0t.-rl flC-/V T"\\AUI1i:jj:~.o;,. I I --...... I v r [ '/' ....... TTlVV '-'/. V.L.-" C!/1J11 U£lST I 1t034 PLANT MATERIALS: Plant Matenal prices Include labor, Installation, contractors' marl<up and sales tax, b'ut don't include delivery. (128% of wholesale plant price plus "planting" from page 5.) TREES Scientific Name Common Name Unit Price Qty Unit Price Qty Unit Price Qty Unit Price Qty Total 4" pot 1 gallon 2gallon 5gallori Cost Abies grandis' grand fir '07 .20. 1> 1140 Acer macrophyllum big leaf maple $ 13.54 2.3 20 $ 4~o.· Alnus rubra Red alder $ 13.22 Ie 2..0. $ E(£)- Arbutus menziesi; Pacific madrone $ 14.50 $ · Betlila papyrifera paper birch .$ 13.22 ~ , '2.:Z. $ tb · Fraxinus latifolia Oregon ash $ 13.22 J.1 $ 23.51 $ z,~- PicBa sitchensis' . Sitka spruce $ 13.54 5 $ 24.15 $ 1~1 · Pinus contorta' Shore pirie $ 13.54 $ 24.15 $ · Pinus·monticola' Western white pine $ 13.54 $ 24.15 $ · PIJEfJIUS tremuloides quaking aspen $ 24,15 $ - Populus trichocarpa black cottonwood '$ 13.54 1'21 $ 23.51 $ ~- Prunus emarginata bitter cherry $ 13.54 $ - Pseudotsuga mellziesii' Douglas fir $ 13.54 1I~ $ 23.51 $ 44.74 $ '&7L7- Taxus brevifolia' Pacific yew $ - Thuja plicata' western red cedar $ 13.54 ~\ $ 23,51 $ 44.74 $ 72..'1 - Tsuga heterophylla* western hemlock $ 13.54 $ 23.82 $ 44.74 $ - 1J61 GS (!;)tANOIS If 2-2 , ''f;~2tf M,M"US F1A5~JA 5 2~. l~ 110 All plant prices are from Fourlh Corner Nurseries, Sound Native Plants, Storm Lake Growers., and Wabash Natives (containers),' and Abundant Life and Frosty Hallow (seeds). (' .... , .. ~ • A' I J\ ..• V"'I "'" tII\ r-A .- Sens.CriticaIAreaMitigationsBondQtyWorkshtFinal.rev.xls Check out the DOES Web site·at www.metrokc.gov/ddes Critical Areas Bond Quantity Worksheet Is·wks·sensareaBQ.pdfI12·29·2003 Page 1 of 7 August 8. 1998 e· e SHRUBS Scientific Name Acer circinatum Ame/anchier a/nifolia Berberis aouifolium Berberis nervosa Comus eieleRifeffl se"-j c e 'L.. Cory/us comuta Crataegus doug/asii Gaultheria shallon H%discus disc%r Lonicera involucrata Myrica gale Oem/eria cerasiformis Op/opanax horridus Philade/phus lewisii PhysocartJus capitatus Pwnus virginiana Pyrus fusca Rhamnus purshiana Rhododendron macrophyllum Ribes bracteosum Ribes lacustra Ribes sanguinaum Rosa gymnocarpa Rosa nutkana Rosa pisocarpa Rubus /al/codermis Rubus parvlflorus Rubus spectabilis Salix geyeriana Salix hookeriana Salix /asiandre Salix scouleriana Salix sitchensis Sambucus racemosa Sorbus sitc"ensls Symphoricarpos albus Vaccinium ova tum Vaccinium parvifolium Sens·CriticaIAreaMitigationsBondQtyWorkshtFinal.rev,xls .' Unit Price Unit Price Unit Price Total Common Name 4" pot Qty 1 galion Qty 2 (lalion Q\V Other Qty Cost vine maple $ 13,54 $ 23:51 $ - serviceberry $ 13,54 $ 23,82 $ - tall Oregon ,grape $ 24,15 $ - short Oregon grape $ 13,86 $ - red-osier doqwood 451 $ 13,22 $ 23,51 $ /.04-2. - hazelnut 3c+ $ 13,54 $ 23,51 $ 4//)D - black hawthorn $ 13,22 $ 23,51 $ - salal $ 1,89 $ 13,86 $ - ocean spray ~4 $ 13,54 $ 23,51 $ ?,?S - black twin berry q $ 13,54 $ 22,87 $ \ 1.,.2., - sweetgale $ - Indian plum $ 13,54 ' $ 23,51 $ - Oevil's club $ 13,86 $ 24,15 $ - mock orange $ 13,54 $ 22,87 $ - Pacific ninebark S\ $ 13,22 $ 23,51 $ {,/4- choke cherry $ I _ western crabapple $ 13,22 $ 23,51 $ - cascara $ 13,22 $ 23,51 $ - Pacific rhododendron $ 14,19 $ - stink currant $ 13,22 $ - prickly currant q $ 13,86 $ 11 S - red-flowering currant ZJ $ 13,86 $ 44~- Wood rose $ 13,54 $ 24,15 $ - Nootka rose \43-$ 13,54 $ 23,51 $ 1"314- clustered rose qy. $ 13,54 $ 22,87 , I $ '\iT~- black raspberry $ - thimbleberry $ 13,54 $ - salmonberry 103 $ 13,22 $ 23,51 $ f:,(,L.- Geyer willow $ 13.22 $ 22.87 $ - Hooker's willow $ 12.91 $ 22.87 $ - Pacific willow $ 13,22 $ 22,87 $ - Scouler willow C;S \400 $ 110- Sitka willow q $ 13,22 $ 22,87 $ \Iq - red elderberry $ 13.54 $ 23.51 $ - Cascade mountain ash $ - snowberry Et;> $ 13,22 $ 23.51 $ 127- evergreen huckleberry $ 13:86 $ - red huckleberry _J 2,91 $ 15.47 I $ - Check out the DOES Web Site at www,metrokc,govlddes Critical Areas Bond Quantity Worksheet Is·wks·sensareaBO.pdt/12-29-2003 Page 2 of 7 August 8, 1998 e e .' Sedges and Rushes Scientific Name Common Name Unit Price Qty Unit Price Qty Unit Price Qty Qty Total 4" pot Seeds/oz. 2_gallon Other Cost Carex comosa Bristly sedge $ 1.32 $ - Carex lenticularis ' Shore sedge $ 1.32 I $ - Carex Ijpgbyei Lyngby sedge $ 1.32 $ - Carex obnupta Slough sedge $ 1.32 $ 19.20 I $ - Carex rostrata (utriculata) Beaked sedge $ 1.32 $ - Carex stipata Sawbeak sedge $ 1.32 i $ - Eleocharis acicularis Spikerush $ - Eleocharis palustris Common Spike rush $. 1.32 $ - Juncus acuminaills Tapered rush $ 1.32 $ . Juncus articulatus Jointed rush $ - Juncus effusus (var. paclficus, gracilis native to PNW) Soft rush $ 1.32 $ - JlIncus ensifolius Dagger leaf rush $ 1.32 $ - ·juncus oxymeris Pointed rush $ 1.06 $ - Scirpus acutus Hardstem bulrush $ 1.32 $ 2304 $ - Scirpus maritimus Saltmarsh bulrush $ 1.32 $ - Scirpus microca~us Small-fruited bulrush $ 1.32 $ - Grasses Scientific Name Common Name Unit Price Qty Unit Price Qty Unit Price ~ Qty Total 4" pot Seeds/oz. 2 gallon Cost Alopecurus aeque/is Short-awn foxtail $ - Aiopecurus geniculatlls Water foxtail $ 1.00 $ - Beckmannia syzigachne American sloughgrass $ 1.20 $ 3.04 $ · Calamagrostis canadensis Bluejoint reedgrass $ - Cinna laUfolia Wood reed $ - Deschempsia caespilosa Tufted hairgrass $ 1.06 $ 9.60 $ - Elymus glaucus Blue wild rye $ 1.36 $ - Festuca Idahoensi:S Idaho fescue $ 3.52 $ · Festuca rubra var. rubra Red fescue '$ 4.79 $ · Glyceria borealis (occidentalis) Northern mannagrass $ 1.60 $ - Glycer/a elata Tall mannagrass $ 1.45 $ 1.60 $ - Panicum occidentale Western panic-grass $ - Ferns Scientific Name Common Name Unit Price Qty Unit Price Qty Unit Price Qty Qty Total 4" pot 1 gallon 2 gallon Cost AthEium filix-femina lady fern 1 $ 13.86 I I $ - Blechnllm spicant deer fern $ 13.86 $ - DJYClE!eris eXPilnsa shield fern $ 13.54 $ - Polystichum mllnitum western sword fern i $ 13.86 $ - Pteridium aquilinillm bracken , $ ------ Sens-CriticaIAreBMitigationsBondQtyWorkshtFinal~rev.xls Check out the DOES Web site at www.metrokc.govlddes Critical Areas Bond Quantity Worksheet Is-wks-sensareaBQ.pdf/12-29-2003 Page 3 ,of 7 August 6, 1996 e e Herbs and Groundcovers Scientific Name Achillea millefolium Anaphalis margaritacea Arctostaphylos uva-ursi Aruncus dioicus Caltha palustris Dicentra formosa EpiloblUm angllstifolium Fraqaria chiloensis Geum macrophyllllm Herac/eum lana tum Hydrophyllum tenuipes Linnaea borealis Lupinus Po/yphyllus Lysichi/on americanllm Maianthemum dilata/um Mimulus guttatus Myosotis lax a Oenanthe sarmentosa Osmorhiza chiloensis Oxalis oregana Petasites frlgidus Polygonum persicaria Potentills fruticoss Smilacins stells'ta Stschys coo/eyae Tellima grandiflors Tiarella trifoliate To/miea menzies;; Viola glabella Sens-CriticaIAreaMlligatlonsBondQlyWorkshtFinal-rev.xls i Common Name Unit Price Qty Unit Price Qty Unit Price QtY Qty Total 4" pot t 1 gallon Seeds/oz. Cost I Yarrow $ 11.52 $ - Pearly everlasting $ 7.68 $ - Kinnikinnick $ 2.27 $ 33.28 $ - Goat's beard $ 13.54 $ 33.28 $ - Marsh marigold $ 14.19 $ 20.48 $ - Bleeding heart $ 2.27 $ ·13.22 $ 122.88 $ - Fireweed , $ 61.44 $ - Coast strawberry $ 2.27 $ 57.60 $ - Big-leaf avens $ 2.27 $ 51.20 $ - Cow parsnip $ 1.45 $ - Pacific waterleaf $ 2.27 $ 17.92 $ - Twinflower $ 2.27 $ 143.46 $ - Big-leaf lupine $ 6.72 $ - Skunk cabbage $ 13.86 $ - Wild lily of the valley $ 2.27 $ - Yellow monkey flower $ 2.27 21tO $ 128.00 $ 4'15- Small forget-me-not $ 26:88 $ - Water parsley $ 12.58 $ 44.80 $ - Sweet clcely $ 44.80 $ - Wood-sorrel $ 2.27 $ 89.60 $ - Coltsfoot $ 13.22 . $ - Lady's thumb $ - Bush potentilla $ - Solomon's Star $ 2.27 $ - Great betony $ 102.40 $ - Fringecup $ 38.40 $ · Foamflower $ 143.46 $ · Piggy-back plant 1$ 2.27 $ 102.40 $ · Stream violet $ 2.27 $ - Check out the DOES Web site at www.metrokc.govlddes Critical Areas Bond Quantity Worksheet Is-wks·sensareaBQ.pdf/12·29·2003 Page 4 of 7 August 8.1998 e e INSTALLATION COSTS (LABOR EQUIPMENT OVERHEAD & PROFIT) Type Unit Price Unit Quantity Total Compost, vegetable, delivered and spread $ 37.88 . CY $ - Decompactina till/hardpan, medium, to 6" depth $ 1.57 CY $ - Decompacting till/hardpan, medium, to 12" depth $ 1.57 CY. $ - Fertilize, slow release tablets, 30gm/tree $ 3.21 Each $ - Hydroseeding $ ·0.51 SY $ - Labor, general (landscaping) $ 25.00 HR $ - Labor, general (construction) $ 37.00 HR $ - Labor: Consultant, supervising $ 55.00 HR $ - Labor: Consultant, on-site re-design $ 95.00 HR $ - PLANTS: Potted,.4" diameter, medium $ 0.68 Each $ - PLANTS: Container, 1 gallon, medium soil $ 10.02 Each I $ - PLANTS:. Container, 2 gallon, medium soil $ 16.47 Each $ - PLANTS: Container, 5 gallon, medium soil $ 29.38 Each $ - PLANTS: Seeding, by hand $ 0.44 SY $ - PLANTS: Slips (willow, red-osier) $ 1.32 Each $ - PLANTS: Stakes (willow) $ 0.96 Each $ - Rental of decompacting machinery & operator $ 70.65 Hour $ - Sand, coarse builder's, delivered and spread $ 42.06 CY $ - Staking material (set per tree) $ 7.00 Each $ - Surveying, line & grade $ 605.44 DAY .~ $ 110 I (" - Surveying, lot location & lines . $ 1,353.60 ACRE $ - Surveying, topographical $ 2,160.00 ACRE $ - Tilling topsoil, disk harrow, 20hp tractor, 4"-6" deep $ 1.02 SY $ - OTHER COSTS -THROUGHOUT MONITORING PERIOD Type Unit Price Unit Quantity Total Inspection, annual $ 460.00 EACH 5 $ 2..~oo- In~ection, final $ 575.00 EACH I $ 516- Maintenance, semi-annual $ - Maintenance, annual f 1500. GA 5 $ 7,=>CO - Monitoring, annual $ - Watering, 1" of water, 50' soaker hose $ 3.62 MSF $ - Irrigation -temporary $ 2.000.00 Acre $ - IrrIg_ation -buried S 4,500.00 Acre $ - I -! 1 Sen.-CriticaIAreaMitigatlons8ondQtyWorkshtFlnal-rev.xl. Check out the DOES Web site at www.metrokc,govlddes Critical Areas Bond Quantity Worksheet Is-wks-sensarea8Q.pdf/12-29-2003 Page 5 of 7 August B. 199B e e ITEMS Fascines (willow) Logs, (cedar), wi root wads, 16"·24" diam., 40' long Logs (cedar) wlo root wads, 16"·24" diam., 40' Logs, wlo root wads, 16"·24" dlam., 40' long Logs wi root wads, 16"·24" diam., 40' long Rocks, one·man Rocks, two·man Root wads. Spawning gravel, type A Weir ·Iog Weir· adjustable Woody debris, large Snags· anchored Snags· on site Snags· imported ITEMS Backfill and Compaction·embankment Crushed surfacing, 1 1/4" minus Ditching Excavation, bulk Fence, silt Jute Mesh Mulch, by hand, straw, 2" deep Mulch, by hand, wood chips,2" deep Mulch, by machine, straw, 1" deep Piping, temporary, CPP, 6" Piping, temporary, CPP, 8" Piping, temporary, CPP, 12" Plastic covering, 6mm thick, sandbagged Rip Rap, machine placed, slopes. Rock Constr. Entrance 100'x15'x1' Rock Constr. Entrance 50'x15'x1' Sediment pond riser assembly Sediment trap, 5' high berm Sediment trap, 5' high berm w/spiliway incl. riprap Sodding, 1" deep, level ground Sodding, 1" deep, sloped Qround Straw bales, place and remove Topsoil, delivered and spread , Sens.·CriticaIAreaMitigationsBondQtyWorkshtF!nal~rev.xls HABITAT STRUCTURES /includes deliverv) Unit Cost Unit Quantity Each $ 1 000.00 Each S 400.00 Each $ 245.00 . Each $ 460.00 Each $ 60.00 Each $ 85.00 Each $' 163.00 Each $ 22.00 CY $ 1,500.00 Each $ 2,000.00 Each $ 163.00 Each $ 400.00 Each $ 50.00 Each S $ 800.00 Each EROSION CONTROL Unit Cost Unit Quant~y_ $ 4.89 CY $ 74.30 CY $ 7.03 CY $ 1.30 CY $ 1.20 LF Ill-on $ 1.26 SY I $ 1.27 SY $ 3.25 SY $ 0.32 SY $ 9.30 LF $ 14.00 LF I $ 18.00 LF $ 2.00 SY $ 33.98 CY $ 2546.68 Each $ 1,273.34 Each $ 1,695.11 Each $ 15.57 LF $ 59.60 LF $ 5.24 SY $ 6.4'8 SY $ 432.00 TON $ 35.73 CY I --~ ------1 Check out the DOtES Web site at www.metrokc.govlddes Critical Areas Bond Quantity Worksheet Total $ · $ · $ · $ · $ · $ · $ · $ · $ · $ · $ · $ · e $ · $ ~c.,,(') . $ · Total $ · $ · $ · $ · $ I £.9,{J • $ · $ · $ · $ · $ · $ · $ · $ · e $ · $ · $ - $ · $ · $ · I $ · I $ · i$ · i$ · I I Is-wks-sensareaBO.pdfl12·29-2003 Page 6 or 7 August 8.1998 GENERAL ITEMS Unit Cost Unit Quantity Total Fencing, chain link, 6' high $ . 18.89 LF $ - Fencing, chain link, cornerQosts $ 111.17 Each $. - Fencing, chain link, gate $ 277.63 Each $ - : Fencing, split rail 3' high (2-raii) $ 10.54 LF $ - Fencing, temporary (NGPE) $ 1.20 LF $ - Signs, critical area boundary $ 2.50 Each /0 $ 2.5. - STEEP SLOPE/SLOPE INSTABILITY I WRITE-IN ITEMS mffHOAlIII !IOti/FOUUm ?J) £:=A' 14,-'-IW PtrT£NTnUI PAL-I/STtUs ,,7 l7A lLf.-q~~ sft6/7TAJlj/!J UJ./IFOLIIJ u,es Gff 'i27 (A/I &f~lHVllIJ1 &?7V!UI//J1 711 &f ?_ '1.,7 I 11/4 ·5:rIJUI1, /JJ.-77:::d g;&) /I1/X 7~11 .sF ./0 701 1J..E:r tA-rvf) cuJA-J;-.~/) 4'-151 SF (0 /.j4~ r:::o...Me=J./-.~ ~ 12. 7 L/. c;. ",r ,to /1--1, ( OTHER 1i£T LAtvO I/lA JAJC/J" 61lAf)/A ~ / IS 10. DOO I.OlJOO 11 £r/..kNf) (' JJN7'J€Cr /)1.A->J1 ~N6.s 1 L-S 1.\.61)0 /5.000 NOTE: All plant prices are from Storm Lake Growers, Wabash Natives, Fourth Corner. and Sound Native Plants (containers); and from Frosty Hollow and Abundant Life Sens~CriticaIAreaMitigationsBondatyWorkshtFinal·rev.xls (seeds). f~ $ 67,3 30% CONTINGENCY & MOBILIZATION: $ 2.01 J-lfe TOTAL: ~ '87/ 'Ot Check out the DOES Web site at www.metrokc.govlddes Critical Areas Bond Quantity Worksheet Is-wks-sensareaBQ.pdrl12-29-2003 Page i of 7 August 8.1998 e e Shamrock -Wetland area plant quantities Triad Job #01-159 1,,!!(HN;;'I~~~;~~!.P,~I~'1.LQ:~;\~:l!;~/:);J;i&?~~:!;r;:\ill;i[@ l~.,~.~~~·:,i. ~j;~' ~~ t: Trees Acer circinatum 3'ht. Acer macrophyllum 4'ht. Alnus rubra 4' ht. Abies Qrandis 4' ht. Betula niQra 4'ht. Crataegus dOliglasii 4'ht. Fraxinus latifblia 4'ht. Malus fusca 4' ht. Picea sitchensis 4'ht. Populus trichocarpa 4' ht. Pseudotsuga· menziesii 4' ht. Salix lasiandra 4' ht. ThLiia plicata , .. 4'ht. Shrubs/Groundcover , CornLis sericea. r8" ht. Corylus cornuta 18" ht. Holodiscus discolor 18" ht. Mahonia aquifolium 1 Qal. Lonicera involocruta 18" ht. Physocarpus capitatus 18" ht. Potentilla palustris 18" ht. Ribes lacustre 18" ht. Ribes sanguineum 18" ht. Rosa nutkana 18" ht. Rosa pisocarpa 18" ht. Rubus spectabilis 18" ht. Salix scouleriana 18" ht. Salix sitchensis 18" ht. Symphoricarpos albus 18" ht. Quantity 87 23 J8 17 3 37 11 5 5 13 79 5 31 457 34 24 30 9 51 67 9 32 143 94 103 55 9 55 ~tW.n.I~~~ EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA ~;'~ I .~~ Page 1 7/14/2004 e e e Site Improvement Bond Quantity Worksheet King County Department of Development & Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Project Name: Shamrock Property Date: based on Revison 9/9/04 Location: NW Intersection of NE 4th st and 148th Ave SE Project No.: L02P0014 Clearing greater than or equal to 5,000 board feet of timber? yes x no If yes, Forest Practice Permit Number: (RCW76.09) Page 1 of 9 Activity No.: L04SR008 Note: All prices include labor, equipment, materials, overhead and profit. Prices are from RS Means data adjusted for the Seattle area or from local sources if not included in the RS Means database. e l04si124_2BQW.xls Unit prices updated: 02/12/02 Version: 04122102 Page~'of 9 l64si124 2BQW.xls . -, Site Improvement Bond Quantity Worksheet ESC SUBTOTAL: 30% CONTINGENCY & MOBILIZATION: ESC TOTAL: COLUMN: $ 127,090.89 $ 38,127.27 $ 165,218.16 A Unit prices updated: 02/12102 e Site Improvement Bond Quantity Worksheet Page 3 of9 SUBTOTAL *KCC 27A aulttorizes only one bond reduction. ·I04si124_2BQW.xls t 3,422.55 374,461.78 .------- 419,999.73 580,663.79 , t,",it ....... :- Site Improvement Bond Quantity Worksheet Page 4 of9 SUBTOTAL 17,923.63 169,839.43 ·KCC 2714. authorizes only one bond reduction. "I04si124_2BQW.xls • 185,961.06 Unit prices updated: 02/12/02 Version: 4122/02 n ___ ... - . \~ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kingcounty.gov Camwest Development, Inc. Attn: Monte Dunn 9720 NE 120th Place, Suite #100 Kirkland, WA 98034 RE: Street Tree Financial Guarantee Reduction DOES File Number: L02P0014 Project Title: Shamrock Subdivision Dear Mr. Dunn: February 5, 2009 The compliance street tree installation inspection for the above-referenced project was completed on July 9,2008. Based on this inspection, it has been determined that the street trees have now been installed per the approved plans and King County Zoning Code 21.51.070. Therefore, we are reducing the following performance financial guarantee: Street Tree Performance surety bond, number 576111 S, in the amount of $42,250, issued by Developers Surety and Indemnity Company to Camwest Shamrock Heights, LLC, DOES activity number A05BN408. By copy of this letter, King County hereby requests your surety company to issue a rider reducing the bond amount from $42,250 to $12,675 and changing it from performance to maintenance. The remaining balance of $12,675 will be held as a two year maintenance financial guarantee. After the street trees have been maintained for two years, we will perform a maintenance inspection. If the trees have been successfully maintained for the two-year period, we will process the release of your maintenance financial guarantee. If you have any questions regarding this reduction, please contact the Finance billing hotline at 206:"296-6659 or email fgmu.ddes@kingcounty.gov cc: Developers Surety and Indemnity Company Steven C. Townsend, P.E., Supervising Engineer, DOES Land Use Inspection Section A TIN: Jeff Pray, Project Manager. DOES Land Use Inspection Section Financial Guarantee Services e SUBDIVISION, SHORT SUBDIVISION AND PLANNED IT DEVELOPMENT Department of Development and Environmental Service 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600TTY 206-296-7217 www.metrokc.gov ~ @ fl(J r!l(~ o Witliin 1be City of: k:N; 2 If 2009 '[jj) --------~----------------~G~~N~ Project Name: __ ~S~~~A~~~~~O~'d~ ________________ Project No.: ____ h_D~Z~P~o~o~/_1:~ __ _ Street Tree Inspect Acti vi ty No.: On 1-C) -0 Sit was determined that the street trees required for the project listed above have peen installed. The minimum 2 year maintenance period as required by King County Code shall commence on· 7 -~ -oB F:INANCIAL GUARANTEE INFORMATION If you have questions concerning the status of the financial guarantee, please contact the Financial Guarantee Management Unit at 206-296-6659. Financial Guarantee Acti vi ty No.: A 05" gN 4-0 ~ lUNG COON'J!Y REPRESENTATIVE Inspector: ~4'f Yer,,"'~ Eng. III Initials, . ! DEVELOPER BEPRESEw.r. Name: MON.€. "DvN.N Street: 9720 NE. 12 c -t:t. Date: 7-""0 S Date: #o/~~ PI.At.€ '. ·Suik :J City: }t(:r/~ 1a. .. J. State: WA Zip: 9 So51- Original: Developer Copy 1: FGMU Slfonnslcum:nt formslS1n:etTteeIns1alIAprvt 09~14-06 Posted Amount· IOC Copy2: File Copy3: Inspecmr KlngConnty Department of Development and Environmental Senices 900 Oakesdale Avenue SW Rec,ton, WA 98055-1219 Guarantee Amount Site LocatlonlSedion Parcel 1023059415 This AGREEMENT is made aild entered into this ~day of O~ , 20~tween the King County Department of Development and Environmental Services (or its successor agency), hereinafter called the COUNTY, and the above named applicant, hereinafter called APPLICANT. Basis for AGREEMENT: WHEREAS the undersigned APPLICANT wishes to develop the above-referenced project, and WHEREAS the COUNTY will grailt [mal plat approval upon agreement by the APPLICANT to, among other project requirements, comply with all terms of this AGREEMENT; NOW TIIEREFORE, the APPLICANT hereby agrees and binds itself and it's legal representatives, successors, and assigns, as follows: Terms of the AGREEMENT: I. Prior to recording of the subdivision, the APPLICANT shall provide the COUNTY with a financial guarantee in the amount and in a form approved by the COUNTY in order to secure the APPLICANT's compliance with terms of this AGREEMENT. The guarantee shall remain in force and effect until written release by the COUNTY. The APPLICANT's obligation to perform work and pay fees or other amounts is not limited to the amount of the associated financial guarantee. 2. The APPLICANT shall, within two years of the final plat approval, install all required street trees in full compliance with the approved landscape development plans, including any approved amendments thereto. Street trees shall be planted and completed in conformance with the approved plans and specifications and the COUNTY Standards. All planting shall be performed in accordance with accepted practices, in good soil with adequate water available. The APPLICANT shall notify the COUNTY in writing when all street trees are implemented in accordance with approved plans. 3. The County must approve (in writing) any APPLICANT proposed change of work from the approved plans prior to the APPLICANT beginning such work. 4. The APPLICANT shall fulfill all other requirements of King County Code Title 21 A, and adopted ordinances in connection with street tree improvements, even ifthese requirements are not set forth specifically in this AGREEMENT. 5. The APPLICANT shall complete all street tree installation work requirements with due diligence. The COUNTY may extend the time limit for compliance up to six months when the COUNTY has determined that circumstances beyond the control of the APPLICANT warrant an extension. 6. The financial guarantee shall be required for a minimum period of two years after King County has inspected and approved the planting or transplanting of trees. This time period may be extended by one year by the director, if necessary, to cover a planting and growing season. 7. The street trees shall successfully grow and remain attractive, free of disease and defects in workmanship and materials for a period of two years from the date of satisfactory installation. The APPLICANT shall prune and trim all street trees to maintain: a healthy growing condition or to prevent primary limb failure and replace all dead, diseased, damaged or stolen trees within three months Or during the next planting season if the loss does not occur in a planting season. 10. If, at the conclusion of the two-year period, the COUNTY, at its sole discretion, determines that the street trees are not in a well-maintained condition, the APPLICANT or Guarantor shall perform prompt and adequate maintenance. In the event this maintenance is not done, by either the APPLICANT or Guarantor, within a time period as specified by the COUNTY, the Guarantor shall, upon demand, tender the total guarantee amount to the COUNTY. After performing the maintenance, the COUNTY will return any unexpended funds, without interest, to the Guarantor. II. The APPLICANT shall be obligated to take corrective action or make repairs, as described above, which obligation shall not be limited by the amount of the financial guarantee. 12. The APPLICANT shall reimburse the COUNTY for all-actual direct and indirect costs necessitated by this AGREEMENT including but not limited to plan review and inspection fees pursuant to Title 27 A of the King County Code and corrective work or abatement. 13. The APPLICANT hereby grants the COUNTY the right to enter and inspect the project site and, in the event of any failure to comply with terms of this AGREEMENT;to implement such corrective measures as the COUNTY deems necessary. 14. The APPLICANT shall be responsible for the proper performance, safe conduct and adequate policing and supervision ofthe project. This responsibility shall not be lessened or otherwise affected by the County's approval of plans, specifications, or work, or by the presence at the work site ofthe County's representative(s), or by the compliance by the APPLICANT with any requests made by said representative(s). 15. The APPLICANT shall indemnify and hold the COUNTY and it's agents, employees and/or officers hannless from and shall process and defend at it's own expense all claims, damages, suits at law or equity, actions, penalties, losses, or costs of whatsoever kind or nature, brought against the COUNTY arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the Applicant's performance Or failure to perform any aspect of the AGREEMENT. Provided, however, that if such claims are caused by or result from concurrent negligence of the APPLICANT and the COUNTY, it's a'gents, employees and/or officers, this provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, and provided further, that nothing herein shall require the APPLICANT to hold hannless or defend the COUNTY from any claim arising from the sole negligence of the County's agents, employees and/or officers. 16. In the event that any party deems it necessary to institute legal action Or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington. 17. It is the APPLICANT'S responsibility to notify King County of any change in address, phone number, or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of anylall financial guarantees prior to the time that a change of ownership occurs. The Applicant, as indicated in this AGREEMENT, shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. RELEASE REQUIREMENTS: This AGREEMENT shall remain in effect and the associated financial guarantee shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the COUNTY. IN WITNESS TIIEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written .. Title A05BN408 .. ®- King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Rento WA 98055-1219 Financial Guarantee Activity No. _A:..::..::O;;::.5;;::.Bc:.N.,;..4.:.:0:.:8=--______ _ Name of Project Shamrock Location/Address of Project Parcel 1023059415 Bond No. Bond Project No. L02P0014 Amount ------------------------------------ VVe Camwest Shamrock Heights, LLC , as Principal and Oeve 1 opers Surety and I ndemni ty Compan~ a corporation organized and existing under and by virtue of the laws of the State of __ I_o_w_a _________ .imd legally doing business in the State of VVashington, as Surety, are held and finnly bound unto King County, State of VVashington, as Obligee, in the penal sum of Forty-two Thousand, Two Hundred Fifty and 0/100 dollars for the payment of which we firmly bind ourselves, and our legal representatives, successors and assigns, jointly and severally. THE CONDITION OF OBLIGATION is that: 1. The Principal has executed an "Agreement" entitled "Agreement to Install & Maintain Street Trees for a Subdivision", a copy of which is attached hereto and incorporated herein by this reference. 2. Under the provisions of the Agreement, the Principal is required to furnish a guarantee to secure the Principal's compliance with the tenns of the Agreement. 3. This Surety Bond is intended to secure the Principals' performance of work and payment of fees in accordance with the associated Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County, this bond may not be tenninated or cancelled by the Principal or Surety for any reason. 2. The obligation of the Surety shall not be discharged or affected by any extension of time for the Principal's perfonnance of this Agreement or by any amendment of the engineering plans used for construction of the project. The Surety hereby waives notice of any such extension or amendment. The obligation of the Surety shall, in no event, exceed the penal sum hereof unless the Surety has expressly consented to any change, modification or extension of the Agreement and has issued its written adjustment of the penal sum, signed by the Principal and Surety. 3. Upon failure of the Principal to perform any of the terms of the Agreement, The Surety shall either perfonn the tenns of the Agreement or shall tender to the County the amount which the County estimates necessary to effect compliance with the terms of the Agreement. The County estimate may not be challenged or otherwise disputed by the Principal or Surety. Any funds provided by the Surety in excess of that expended to remedy noncompliance with the Agreement will be returned to the Surety upon completion of the remedial work and payment of outstanding fees. 4. In the event that this project becomes part of an incorporated area, King County may transfer its rights and obligations under this Surety Bond and the associated Agreement to any successor jurisdiction without notice to the Surety or Principal. The rights and obligations under this Surety Bond are for the exclusive benefit of King County. Except as otherwise expressly provided herein, the rights and obligations of King County under this Surety Bond may not be assigned, hypothecated or transferred for any purpose. It is the PRINCIPAL'S (as APPLICANT in attached Agreement) responsibility to notify King County of any change in address, phone number, or change of ownership of property. It is tbe PRINCIPAL'S resp onsibility to arrange for replacement of anylall financial guarantees prior to the time that a change of ownership occurs. The PRINCIPAL shall remain responsible for all terms of the agreement until such time as a new owner sball replace the financial guarantees and complete any other documents as required by the County. PRINCIPAL: Title Camwest Shamrock Hei-ghts, LLC Mailing Address 9720 N F l20th Place Q1AO Kirkland, WA 98034 425-825-1955 Phone Number Page 2 of2 SURETY: 10/28/05 Date Jenny L. Kane. Attorney-In Fact· Title Developers Surety and Indemnity C~mpa~ Mailing Address POBox 625 Bothe) 1 WA 98041 425-486-1291 Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL State of Washington, County of King I certify that I know or have seen satisfactory evidence that Pt'?/k CAm e ~'-' '-- signed this instrument and acknowledges it to be hislher free and voluntary act for the uses and purposes mentioned in this instrument. Dated: lobJ!os- Signat...., of NO";' Publi" er Title: !3z-DJEC-T .A/l (Notary Seal or Stamp for Principal) My appointment expires: _-,2-~---"~:::.::~,,,----,D:::J.?2..L.... __ ---:-___ _ Financial Guarantee Activity Number: __ _ SURETY.doc (10/99) A05BN408 BOND RIDER -. . ) IND!7.MNITY COMPANY OF CALIFORNIA/DEVELOPERS SURETY AND INDEMNITY COMPANY , 9750 :3RD AVENUE NE, SUITE 305, SEATTLE, WA 98115 DATE OF NOTICE BOND NUMBER TYPE OF BOND PROJECT NUMBER 02/05/2009 576111S Street Tree Performance Bond L02P0014 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: Gentlemen: King County DOES Attn. Elaine Gregory 900 Oakesdale Ave SW Renton, WA 98057-5212 This Rider is to be attached to and form a part of the above captioned bond issued 10/28/2005. This Rider is on behalf of: Camwest Shamrock Heights LLC It is understood and agreed, effective from above date, that: The bond amount is reduced from $42,250.00 to $12,675.00 per King County letter dated February 5th, 2009 and is converted from a performance bond to a maintenance bond. PRODUCER: Lovsted Worthington LLC PO Box 607 Bothell, WA 98041 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this February 17, 2009 POWER OF ATIORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY' THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jake W. Murphree, Karen L. Staffanson, Dan Bouc, April Conover, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyShip to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by ::"~d7:;;··"_M~om~~."."J~;;;:;>, ~c.::::; _····o~POR4;:··-_ .. ~':. , Iv ... \~~ :"', OCT ,:.0, ~::ii 10' ~.c.g By \?i\.. 1 9 3 6 ••• /f/ •• ~~ •••• /OW~ ••• ·~~ .:-...... , ... 0 ............ -,.; , ..... ... State of Calrfomia ''''''''''f'';~:''''''''''''''''\ County of Orange On ____ _''_Ja"'!n~u~ary-'-'-l s~t,-" 2"'0"'08"--___ before me, __________ --:-:--~C:!!h!.-"riS~to~p~he"'-r-"-J'-.!. R~o~a"<!ch.!J.,!.'!N~ot!!!ary!1...!:P.!!!ub!!!!li~c------------ Date Here Insert Name and TiHe of the Officer personallyappeared-------------------~St~e~ph~e::.n..:.:T.c..:.p-=a:=te~a~n~d-=C.:::ha~l1:::e=_s::::L._=D~a1_y ________________ _ Name(s) of S!gner(s) ~·e'··t····3tt'.~ ~ . _ CHRISTOPHER J. ROACH i S COMM. it 1745939 ~ ::2 NOTARY PUBUC CAUFORNIA ~ ~ ORANGE COUNTY I\l \ My comm. expires May 19. 2011 I ;;;;; .. ,; ...... . Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY und,er the laws of the State of California that the foregoing paragraph is true and correct. CERTIFICATE The undersigned. as Assistant Secretary. of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions vf the respective BlJards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the I rf'l-\.,day of Ft1,. ...... r1 . .\00"\ . ~~ ID-1380(Wet)(Rev.07/07) ~, .' , e COIrRUCTION lNSPECTIONPUNCH LIST for Roads, Drainage, and Erosion Control Facilities :~:1ii~€lList:t)~~~: 11/$01~'~ Proj,ect Name: ]S;ro@:kl'aFlQ Gh~lil S·tteet Trees Project No,: L02POOIO Activ;ity No.: L04'SI2'63 Location: Military R.d S. & S.JS2nd ST Activity Type: INSPCT-L 2 3 100 )'01 800 814 1000 The Land Use Services Division has a computer tracking system that uses project and activity numbers. Please refer to both the project and the activity numbers when inquiring about this project. ,. This official punch list is valid for 30 days .. Changes will not be made within the 3D-day limit without the expressed review and approval of the Senior Engineer, Land Use Inspection Section. Any extensions to the 30-day limit m]lst be approved by the inspector. Deviations from this policy should be reported to the Senior Engineer at 296~ 7236. Computer generated punch lists may appear to be missing punch list items because they are not numbered 1,2,3,4,5,6, ... etc. This is not a mistake, but due to the way the computer stores the standard conditions listing. STREET TREES One street tree across from lot 7 needs to be replaced. Street trees at intersections must be placed a minimum of 50ft. back from the adjacent intersecting street's curb line extended. See the approved plans for specific details. NON CONSTRUCTION RELATED REQUIREMENTS: INSPECTION FEES: After all other punch list items have been approved by the inspector, a Summary of Charges and Payments will be provided to you. Final Construction Approval can not be granted until the indicated fees are paid. NOTE: The Summary of Charges and Payments is not a final fee determination, additional charges may appear after Final Construction Approval. All outstanding invoices must be paid before any Financial Guarantees can be released. In order to avoid delays in processing, please notify the inspector when fee payment has been made. Phone: (206) 296-7161 Signature:_' ~~f---"--~-~--- Page 1 of 1 Print Date: 11120/2006 PO~ROFATTORNEYFOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Edwin R. Young, Dean R. Young, Kristin Jackson, Jenny L. Kane, Jenny L. Kane, jOintly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and ~t each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005. By:-:::--:-O:-=-:::-=----=--=--.~-:-:;---::----:_;_:__-=- ~~av;;~ Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) )SS. ) On February 1,2005, before me, Nita G Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. • nee nee S $ e.' os .. , 1 f). NrmG. HlFFMEYER S ... . ~ra&1~ .. 1 .1 I. . ORANGE 00UN1Y ~. . .=CXIIIIIII."'.ian.10,2G118t $';OMSess;o •• ;.; CERTIFICATE The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the ~ day of D LernPc..Y 8y;;;P __ ~lbr 1D-1380 (Rev. 2105) DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defmed by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1 00 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the .amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. 10-1498 (Rev. 5/03) Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 (949) 263 3300 www.lnscoDico.com " ... .( -lang County Department of Development and Enviromnental Services 900 Oakesdale Avenue SW Renton, Washington 98055-1219 LANDSCAPE BOND QUANTITY FORM PROJECT NAME: Shamrock S-rR,E.~"" -rll.ttS DOES PROJECT #: L02P0014 ADDRESS: 12409 148th Ave SE PREPARED BY: Tim Cheatum Date Prepared 10/2Q/2005 Bonds are based upon required landscaping only and will be posted for performance and/or maintenance. Required landscaping includes perimete, ',,",,"'apI" •. "'dare p"""". ~. '.""~ .. I" •• (KCC 21A.16) ~d MY '""d",,,,,,,, ,e,"".d by SEPA e"""",moo'" ,""ew. k 1f717!\i{& The maintenance period is for the life of the project, however, after posting for maintenance, the performance bond will be reduced by 30% ($1,000.00 minimum) and be held for a two year period. Upon re-inspection of the site the bond will be released if the site has been properly maintained (21A.16.180).lf the project has not been maintained and there are dead trees, shrubs, ground cover, or other deficiencies noted in . the reOlllreo landlscalPing & LABOR 41 & LABOR 33 56 $150.00 COST & LABOR c. Shrubs 00 COST & LABOR $0.00 D. Ground Cover 00 COST & LABOR PAGE SUB TOTAL BOND AMOUNT BOND AMOUNT SUB TOTAL: $32,500.00 10/21/2005 Page 1 ·f Tree Stakes Fe Solid Wood Cedar $28.50 LF/Labor RAIL FENCE LFILABOR MESH FENCE LFILABOR LINK FENCE LF/LABOR 17.50 LFILABOR IRRIGATION $0.80 FOOT Trees on Site 36" Ball Each 60" Ball Each RELOCATING SCHRUBS ON SITE 12" Ball 24" Ball $33.00 Page SUB TOTAL BOND AMOUNT Bond Quantity Sub Total Add 30% of the Bond Sub-Total for Coningency in accordance with Financial . Guarantee Ordinance 120220,Section 13 TOTAL BOND AMOUNT 10/21/2005 00 00 00 00 BOND AMOUNT SUB TOTAL: $0.00 $32,500.00 $9,750.00 TOTAL BOND PRICE: $42,250.00 Page 2 ·, . l~ • ·e ·KingCounty Dept. of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 NO APPROVAL 206-296-6600 TTY 206-296-7217 www.metrokc.gov Punchlist Inspection Street Trees Land Use Inspection Section Original Punch List date: Name of Development: Address of Development: Date: _1..:1 tJ~/LJ'c..o3'7J,-,,~_7L----No Approval No.: __ ---'.( ___ _ {1/ZtJ/ZtfP/ r • 73/Lt2tJK l.,1?f/1J &L-c/f/ ::;:7;(6'6/ ;0-E S 5 382 iad qr f /t1//...Ir;rt<-r &; ~ I Project No.: Activity No.: On the date indicated, an inspection was conducted and it was determined that the items listed remain to be corrected. This punch list is valid for 30 days. Changes will not be made within the 30-day limit without the express review and approval of the Senior Engineer, Land Use Inspection Section. Any extensions to the 30-day limit must be approved by the inspector. I. Co,."f7l..6>-r-,rYWI @/f (-,;~~1'6C-TlCJM rGGS'"J It is agreed that corrections will be made by _----',:....;l.=--r---,o---'-"'--'-____ a.nd a reinspection will be requested by the developer or his representative by calling: Date APPLICANT / It) 1$/17/ 7#& 291''' ?2~ Date Phone No. Name 1-q @ I S-21:rt /f}l/G sui Address re-o~ W4:r' 9'$'tJ,l? Address Original: Developer cc: FGMU cc: Inspector I • . . .. ® 'e .. King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 November 20, 2006 Brookland Glen LLC Attn: Cary Lang 29815 24th Ave SW Federal Way, WA98023 RE: Project Name: Brookland Glen Street Trees Project No.: L02P0010 Activity No.: L04S1263 Dear Mr. Lang, An inspection of this development was made by the Land Use Inspection Section. Based on that inspection, the enclosed punch list of construction deficiencies was prepared. Within fifteen (15) working days of the date of this letter, please contact the inspector (name and phone number at the bottom of the page) with the schedule for completing these items and indicating when work will begin. When all items are completed, please call for a follow- up inspection. If you have any questions or problems that the inspector cannot resolve, please call me at 296-7210 or write to the Land Use Inspection Section at the address above. Sincerely, ~ Ray Miller, Engineer IWProject Manager Land Use Inspection Section Enclosures: LUIS Performance Punch List cc: J ae Huh, Engineer II Financial Guarantees Management Unit Inspector's Phone No.: 296-7161 Denis Law Mayor July 20, 2009 Sara Slatten Camwest Development • 9720 NE 120th Place -Suite #100 Kirkland, WA 98034 Department of Community & Economic Development Subject: Third Annual Performance Standard Monitoring Review Shamrock Heights II Final Plat City of Renton File No. LUA04-148 Dear Ms. Slatten: This letter is to inform you that as of July 20; 2008 I have not received the third annual maintenance and monitoring report for the Shamrock Heights II wetland mitigation project that was due at the end of June 2009. Asa-reminder, the mitigation area mustbe successfully maintained for a minimum of five years to assure the survival/performance of the enhanced wetland buffer. Renton Municipal Code requires quarterly monitoring for the first year and annual' reports thereafter. . . Please send three copies of the report to my attention by August 10, 2009 or this matter will be referred to our Code Compliance Division. If you have any questions please feel free to contact me at (425) 430-7219. Sincerely, i4~ Rocale Timmons, Planner Planning Division cc: File No. LUA04-148 Paul Baker, Code Compliance Inspector C. Gary Schulz, Wetland Ecologist Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Denis Law, Mayor February 23,2009 Sara Slatten Camwest Development 9720NE120th Place -Suite #100 Kirkland, W A 98034 CITe) OF RENTON Department of Community and Economic Development Alex Pietsch, Administrator Subject: Receipt of Second Annual Performance Standard Monitoring Review Shamrock Heights II Final Plat . City of Renton File No. LUA04-148 Dear Ms. Slatten: This letter is to infonn you I received the follow-up to the second annual maintenance and monitoring report for the Shamrock Heights II wetland mitigation project on February 10,2009. It appears the maintenance and monitoring project is in compliance. I look forward to receiving the third annual report by June 30, 2010. Please send two copies of the report to my attention, and if you have any questions please feel free·to contact me at (425) 430-7219. Sincerely, ~~~ Roc Ie Timmons, Planner De elopment Services Division cc: 'FileNo.-rU:A:04:;-1-48] c. Gary Schulz, Wetland Ecologist --~----------lO-5-5-S-ou-t-h-G-ra-d-Y-W-a-Y---R-en-to-n-,-w-a-Sh-in-g-to-n--98-0-5-7------------~ * This paper contains 50% recycle~ material, 30% post co,:,sumer AHEAD OF THE CURVE [\ . ~ c. Gary Schulz February 4,2009 Ms. Rocale Timmons Associate Planner CITY OF RENTON RECEIVED FEB 1 02009 BUILDING DIVISION City of Renton -Planning Division 1055 South Grady Way Renton, WA 98057 Wetiand/Forest Ecologist 7700 s. Lakeridge Drive Seattle, Washington 98178-3135 206/772-6514,206/920-5489 cell Re: Shamrock Heights II -City of Renton File No. LUA04-148 Wetland Buffer Enhancement -Compliance Report , Dear Ms. Timmons: In response to your letter dated 11/19/08, this letter provides the information requested regarding performance and maintenance of the wetland buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. The obligation for Quarterly Performance Monitoring was fulfilled in 2006 for this project (7/25/06 Letter from Andrea Petzel, Development Services Division City of Renton). . Per the buffer monitoring program (7 /2/05 Wetland Buffer Enhancement -Monitoring & Maintenance Plan, Schulz), an annual monitoring report for 2008 was submitted to the City (9/21/08 Letter, Schulz). Per a wetland peer review, specific Recommended Actions need to be completed on the site (11/6/08 Memorandum, Otak). Listed below ate the actions and observations of the buffer enhancement work that was completed in January 2009. 1) One Douglas fir tree and one western red cedar tree were planted on-site to replace the two dead trees. Both trees were inspected prior to planting, are greater than 4 feet in . height, and appeared healthy. 2) The areas around buffer enhancement trees that were completely dominated by blackberry shrubs were grubbed within 10 to 15 feet of the planted trees. The areas that had blackberry shrubs growing within predominant native plant cover were pruned to the ground. Scotch broom shrubs were also removed .. This maintenance oCcurred prior to planting new trees and removed the competition from non-native invasive plants. 3) The wetland protection sign has been replaced within the buffer just inside of the wooden fence. The sign that was previously located on the outside of the buffer was removed by others. .. . I', . Ms. Rocale Timmons, Shamrock Heights II February 4,2009 Page 2 Photographs showing the buffer enhancement area after maintenance and planting are attached to this compliance letter. If there are any questions or concerns regarding this response or you' require additional site-specific data, please feel free to contact me. {?1)jC~(jj / SinCerelY,. )('~ C. Gary SUulz Wetland/Forest Ecologist bear4aU@yahoo.com cc: Mr. Monte Dunn, Cam West Development Shamrock Heights II: Photographs taken on 1/12/09 Shown is grubbing around trees on east side. New Douglas fir tree in background on photo below. Shamrock Heights II: Photographs taken on 1112109 Shown is blackberry removal around planted trees. Denis Law, Ma~or November 19, 2008 Sara Slatten Camwest Development 9720 NE 120th Place -Suite #100 Kirkland, W A 98034 CITY~F RENTON Department of Community and Economic Development Alex Pietsch, Administrator Subject: Receipt of Second Annual Maintenance and Monitoring Report Shamrock Heights II Final Plat City of Renton File No. LUA04-148 Dear Ms. Slatten: I received the second annual maintenance and monitoring report for Shamrock Heights II from C. Gary Schulz on September 22, 2008. The report was sent to a third party, Otak, for peer review. Based on a site assessment; Otak provided a memorandum (dated November 6, 2008) with comments on the condition of the mitigation areas, a review of the Second Annual Monitoring Report, and recommended actions for the mitigation areas to help ensure success of the mitigation project. Necessary measures, as recommended on pages 2 and 3 of the attached memorandum, need to be completed as soon?s possible to secure the survival of the plantirigs.· Of particular note are the recommendations to: replace 2 dead trees; remove blackberry root crowns; replace wetland protection signage; and provide a list of the approved performance standards in future monitoring reports. Your biologist will need to provide a statement that the recommendations (5.a-c), listed on the attached memorandum, have been performed before your obligation for quarterly reports can be fulfilled. Please submit three. copies of the statement to my attention no later than January 5, 2008. Please contact me with any questions (425) 430-7219. Thank you for your cooperation. Sincerely, ~~ Timmons, Associate Planner ing Division cc: City of Rtmtoil File LUA04-14g Paul Baker, Code Compliance C. Gary Schulz, Biologist -------I-O-55~S-O-Uth--'-'-G-r-ad-Y-W-a-Y-,.--R-en-t-on-,-w-as-h-in-gt-o-n-9-g-0-57-,-.----'--~ _ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE \ Memorandum 10230 NE Points Dri'l£ Suite 400 Kirklard, WA 98033 PIxn:(425} 822-4446 Fax (425) 827-9577 To: From: Copies: Date: Rocale Timmons, Associate Planner, City of Renton Stephanie Smith, Wetland Biologist Brigid Stockton, Field Technician November 6, 2008 Subject: Shamrock heights II Monitoring Report Review Project No.: 31033C As requested by the City of Renton, Otak staff is providing third party review of the monitoring efforts at the Shamrock Heights II subdivision. On October 23,2008 Otak staff conducted a site assessment at the Shamrock Heights II subdivision. Based on that site assessment, this memorandum provides comments on the condition of the mitigation area, as well as a review of the Wetland Buffer Enhancement -Second Annual Monitoring Report by C. Gaty Schulz, dated September 21,2008. The last section of this memorandum includes recommended actions for the mitigation area to help ensure success of the mitigation project. The following documents were reviewed prior to conducting the fieldwork • Wetland Buffer Enhancement -Second Annual Monitoring by C. Gaty Schulz; dated September 21,2008. • Wetland Determination for Shamrock Property by C. Gaty Schulz; dated July 28, 2002. • Wetland Buffer Enhancement -Compliance Monitoring by C. Gaty Schulz; dated July 22, 2005. • Triad Associates Landscape Plan for Camwest Shamrock (Sheets Ll through L3). I. Introduction The Shamrock Heights subdivision is located in the City of Renton. All documents reviewed for this memorandum provided conflicting addresses of the enhancement area. Otak staff found the buffer enhancement area to be located behind the house at the northwest intersection of 145th Place SE (also called Kitsap Avenue NE) and NE 4th Court. Enhancement of the wetland buffer consisted of installation of 12 trees (7 Douglas fir and 5 Western red cedar). Buffer enhancement also consisted of the installation of tree rings and the removal of blackberty (Himalayan and evergreen) cover to a distance of about 10 to 15 feet from the trees. K:\project\31000\31033C\Reports\31033C Shamrock Heights Review.doc to' Rocale Timmons, Associate Planner, City of Renton Shamrrxk Heifftts II MonitonngRepartRedew Page 2 Nmerrix:r6,2008 The mitigation area is separated from the yard of the adjacent house by a split rail fence. The mitigation area can be accessed from the sidewalk on the nonheast comer of the house. 2. Performance Standards: Otak did not receive a repon that outlined the Performance Standards for the Buffer Enhancement Plan, so a review of the Monitoring Repon could not be conducted with a comparison to the performance standards. Our assumption is that the trees must meet 100 percent survival, the blackberry cover must be pruned regularly, and wetland protection signage must be attached to the fence. Mr. Schulz repon outlines the following: 2.a. One Doug fir and one Western red cedar are dead. The remaining 10 trees appear established without damage or signs of disease or infestation. 2.b. The blackberry cover around the planted trees was pruned during the 2008 monitoring site . . mspectton. 2.c. The wooden suppon stakes and collars have been removed from the trees. 2.d. The dead Douglas fir and Western red cedar trees will be replaced with the same species later during the falVwinter dormant season. The replacement trees will be at least five feet in height and in healthy condition. 2.e. The wetland protection signage that was attached to the wooden fence along the edge of the buffer has been removed. There was no observed dumping or degradation of the buffer area. 3. Site Assessment Comments In general we concur with the observations and comments provided by Mr. Schulz in his monitoring repon. 3.a. The two dead trees were noted in the mitigation area. The remaining 10 trees appear as though they have been slightly affected by the blackberry vines growing too high. Some of the trees have dead branches around the bottom, possible due to the vines crowding around the base: 3.b. The blackberry had been recently cut back; however, the root crowns were nOt removed. 3.e. The Doug fir and Western red cedar had not been replaced at the time of our site visit. 3.d. The wetland protection sign had not been replaced on the fence. 4. Monitoring Report Comments Include the following information in future monitoring repons: 4:a. Provide a list of the approved performance standards and whether they are being met. K:\project\31000\31033C\Repons\31033C Shamrock Heights Review.doc ( , Rocale Timmons, Associate Planner, City of Renton Sharnrak Heiffots II M onitaring Report Redew 5. Recommended Actions Page 3 Nozerrier6,2008 S.a. Replace the two dead trees with like species anytime between now and the end of February, except during freezing periods. Rather than requiring that the trees be replaced with individuals that are a minimum of five feet tall, we recommend that they should be replaced with the largest and healthiest trees that can be found in 5-gallon pots. The trees should not be balled-and-burlap type. S.b. The blackberry root crowns and other invasive species should be removed by hand digging or grubbing within 10 to 15 feet of the planted trees and taking special care around the other native species present. The blackberries and other invasive species (Scotch broom was also noticed) will continue to grow back and attempt to out-compete the trees and other native plants in the mitigation site. S.c. The wetland protection sign should be replaced on the fence as soon as possible. If you have any questions regarding these findings, please contact us at (425) 822-4446. K:\project\31000\31033C\Reports\31033C Shanuock Heights Review.doc I I / Denis Law, Mayor September 29, 2008 Suzanne Anderson OTAKInc. 10230 NE Points Drive, Suite 400 Kirkland, W A 98033 L.J.A A. 0 Lj -1'-1 CO CITe OF RENTON Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: Wetland Mitigation Monitoring -Shamrock Heights II Dear Ms. Anderson: On June 4, 2008 copies were sent to you of the wetland mitigation plan, report, and recent correspondence for Shamrock Heights II. I have attached the most recent monitoring report (2nd annual) for the Shamrock Heights II Maintenance and Monitoring project, dated September 22,2008. Please review this report on behalf of the City. Please forward your comments and recommendations to my attention as well as invoices for your services. Feel free to contact me at (425) 430-7219 if you have any questions or if you would like to set up a time for a site visit. Thank you. Sincerely, tfir;£U;L Ju~~ Rocale Timmons Associate Planner cc: Jennifer Henning, Planning Manager Attachments -------}-O-SS-s-o-u-th-a-r--:-ad-y-w-a-y---R-en-t-on-,-w-as-h-in-g-to-n-9-g-0-S7------~ ~ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE c. Gary Schulz September 21, 2008 Ms. Rocale Timmons City of Renton -Planning 1055 South Grady Way Renton, W A 98057 LUA 04-148 WetlandlForest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 206/772-6514,206/920-5489 cell Re: Shamrock Heights II -City of Renton File No. LUA04-148 Wetland Buffer Enhancement -Second Annual Monitoring Dear Ms. Timmons: Per the City's requirements, this letter provides the 2007 annual monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. This is the second annual report and the 3rd year of monitoring following the buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. Per the buffer monitoring program (7/2/05 Wetland Buffer Enhancement -Monitoring & Maintenance Plan, Schulz), the annual site inspection is to occur late in the growing season (August to September) with the report to be submitted to the City within 60 days. The annual monitoring inspection was conducted on September 12,2008. Lot 10 is now developed with a new home that appears to be occupied. The list below provides my observations of the buffer area and trees. 1) One Douglas frr and one western red cedar are dead from unknown factors. The Douglas frr was showing signs of stress as previously identified in a monitoring report for this site (7/24/06 Wetland Buffer Enhancement -Quarterly Monitoring, Schulz). The remaining 10 trees (6 Douglas frr & 4 Western red cedar) appear established without damage or signs of disease or infestation. The Douglas frr trees were observed to be about 15 feet tall. The western red cedar trees are about 12 feet tall. 2) Blackberry shrub cover around the planted trees was pruned during the September 12, 2008 monitoring site inspection. Special care was provided to avoid clearing of the native groundcover plants i.e. salal, bracken fern, sword fern, Pacific blackberry. 3) The wooden support stakes and collars are not necessary and have been removed from the trees. 4) The dead Douglas frr and western red cedar trees will be replaced with same species later during the fall 1 winter dormant season. The replacement trees will be at least 5 feet in height and in healthy condition. 'I Ms. Rocale Timmons, Shamrock Heights n September 21, 2008 Page 2 5) The wetland protection signage that was attached to the wooden fence along the edge of the buffer has been removed. However, there was no observed dumping or degradation of the buffer area. Current photographs ofthe buffer enhancement area are attached to this monitoring letter. If there are any questions or concerns regarding this monitoring inspection report or you require additional site-specific data, please feel free to contact me. ;,in")t cIc j} . CGaryjLz ~ WetlandlForest Ecologist cc: Ms. Jennifer Reiner, Cam West Development .- Shamrock Heights n 9/12/08 Photographs: West side showing 2 Douglas fir trees East side along buffer edge, maintained blackberry, Douglas fir trees in the background • , Shamrock Heights n 9/12/08 Photographs: 2 Western red cedar trees on west side 2 Douglas fir trees in central buffer area CITY.F RENTON Denis Law, Mayor Department of Community and Economic Development Alex Pietsch, Administrator July 1,2008 Sara Slatten Camwest Development 9720 NE 120th Place -Suite #100 Kirkland, W A 98034 Subject: Second Annual Performance Standard Monitoring Review Shamrock Heights II Final Plat City of Renton File No. LUA04-148 DearMs. Slatten: This letter is to inform you that as of July 1, 2008 I have not received the second annual maintenance and monitoring report for the Shamrock Heights II wetland mitigation project that was due at the endof June 2008. . . , As it reminder, the mitigation area must be successfully maintained for a rriinimum of five years to assure the survival/performance of the enhanced wetlarid buffer. Renton Municipal Code requires quarterly monitoring for the first year and annual reports thereafter. , -' - I look forward to receiving this report by July22nd, 2008. Please 'send two copies of the rep~rtto my attention, and if you have any questions please feel free to contact me at (425) 430-7219. -, . . , Sincerely, ,. ~. ~' , ·iad,v .. .. Ro, ale l)mmons, Planner· ·PlamiingDivisiori .. cc: File No. LUA04-148 Paul Baker, Code Compliance Inspector C Gary Schulz, Wetland Ecologist -------lO-5-5....;.So-U-th-G-r-:ad-y-w-a-Y~--R-en-to-n-,-w-as-h-in-gt-o-n-9-80-5-7---~--~ '® ,Th'is paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ... " '., '" .. " . . ... ~) , ~. . ,"." .. ," I . : .. ,', ,'",:, ' •. ' ., Kathy Keolker, Mayor Jul)'19,2007,.· .. Sara Slatteri< .• Camwest Dev~lopment' . 9720NE'12()th Place -Suite: #100 •. Kirkland,WA98034, .". " . . ··~ITY.FRENTON PlannmglBuilding/PubliC Works·Department Gregg ZimmermanP;E., Administrator '.' . FirstA,imuaIPerformaoee'Standard MOJiitoringRevie~ .... : .. ...... :: SharilrockHeights U:FitliHPlat' '. . . '.i€Ci~~n~~G;tAJAO~;l48., ).' . '"', " . . Dear Ms: Slatten: ". ':"Thi$ lette~ i~ toinfonhyou' that as QffiH;'.19: 20Q7Lhavenot reC~iv~d the first annual' . ". . " .• ' . ,<maintenance and mo.nitoring ICeportfor!he'Shatniopk Heights h ",ethindniitigaiibn 'project that, ' 'wasdue'atthe ehd,ofJW1e 2Q07 .• ,,· " . . "", '" '. . . . . . Asa. r6minder; .theri}itiga#6t1'~iea'Ipu~tb~'$u~ces~fuDY :~aint~i;ed:idhaminirnuin .offi~e. y~(}~~ , . ,t()assutethesurVivalfperf()fll}aiice~,ofth~':en4aiic~d\vet~nd. Duffer. )~.eritohMunicipal C'ode" ,>/e~~~\es ~U~I1erl~:Tonit~f~,g'f0r,~he',~~,~~::(F)'i~~;:f~u~lreJ>~~s'ther~~:~:r. ,',!":,, ~':: .. ' .•.. ,,', .. ', '., .'. :" ,llookJor;ward tq r,eceiVingthis report:Qy·A4g4sf 6,4907 .,'Pleasesendtwo copies ofthe1;eportto my:attentioi1,an~ifyou,h.~v:e<l11yquestiorist>l~ase fe~rfreeto:Co~fuctille,at (425).430"7270.' . ''.:, • ". '". ," ' •• ' • "._.' . ," ,'.>' -",' '. • ". '. I,,' ;" , An~ ~¢effirf .. . :I)evelopmenfSerYices Division" -: ". ,.-". -',"" .. '.' "',, .<.'.,-'. .. ·.cc: 'Fil~N(j::LUA04-148 . .... '. . ~aulBaker, Code COinpliancelnsRector C, Gary Schulz; Wetland Ecologist . , . '. ~: .: '. ' . ,,' . , ".," . :, .. " ' ..... :. ', . '.'. ",",: "',".'. ' '-, I' :. : .;.: ..... -'. ,'." "'" .: :"'. ".: . ", . ".," ~. ,. , ' .CIT~RENT()N .. · . Planning/Building!PublicWorks D~P~I,tt~lei1t "', .' . Gregg Zimmerman P.E;, Ad~iIiistrator ". KailiyKeolker; MayOf' . AUgUsflO, 2007- ", . ~ \ ' :, Sara Slatten • ,CamwestDevelopment .' 9720 NE1201h Place~ Suife# 1 00 . ,-Kfrk1a~d. \VA 98()34' .' ' . ", i" . '.,. ; R~ceipt'Of First An'nU:aIPerf6rmance &tandatdMo!iitoriilg Review, .. ShamrockHeights II FinalPlat . .' ", ' '~~~l&!t{~WlFik~~1?f84)' ' • ,'A Dear Ms. Slatten: . . ""''- . 'This letter is to inform you I received ihefrrsf aIUlual maintenance and monitoring rep~rt:f6r the ,' .. ·Sh~II1fOckHeights If wetian<i rnitigationproject on Augu~t 7, 2007.T () ensure t11at the'pr,oject . . , "" :'contin:t~es to c,omplYWiththeestablis):ledperformancestaridards; the, recoIDm:eridatlons, from your . 'biologist ~h6uldbepiOmptIycompleted .• ' . , " .' '.' ' < • ,f, . -'. ,." (,' -", V:'~.-'" .. ,,', .', .-'" ' ...•. , dookforWat&to ;re~dYibgtheIJ.ext aIUlual're,pbrl; by Jwu~ 30; .z()08~:, Piciase 'sehd rn!o'copies of . ·.iherep<?r(to' Illy 'atte~ti()n~an"4 ifyOli havea.J.i¥::qu~~ti(msplease feelfr~~ to contact me'at(425). . . .430~7:i70.:' .;-<?< .• " <_~,~, oj;:~ '. ><'~ .-,,» ',': C:, '. "-' .--. " :.'.f ".; ~.;. --, . " ," .. ': " . , ." . . ', , -~.l. ".':"" -:", '. .. ~ .... : . ,",' .',.':: ",', ... . -.~' .,- ", ',.~.' ' '. '.' . ..-~ ;~,~'e'~i5tJ~, .• " ",' -.' C.bary,Schulz;Wetlarid Ecologist' ~: -, '.' . !-,. ., . . ..' '-.' ;.'" .' ", ," l' ..".. ~ ""i" . " ' .', . ,-, . ,". I.' .. -,-.", '",,' ' .. '" . " .- .J ", .-'"." . :" ".:"; ' ..... > . , >:. " .. ;-.", . .. ' .... ':.-\' . ..' '. ~ . . ;; '. '.~-'. .... ... .. J. . --~. ".J ·~~.~~~~~·~·.-~~~~·~~'~"~W~~~"'-~~~~~~~-·~~d~Y~W~~-Y-~,-~~~~~~n~'W-"-$-ij~~~~~"~~.~~~O~~~i~C·~·~~~~~~~ • . > '. ,', '(i)TIm~~ti.i~s~~rorecycle!i~al:300~postt:dnSu~er"" AHE~D' ~,FtHE~~URVE", :::.:',; - c. Gary Schulz fl---atfo H-rL(Kl-! \.. August 2, 2007 Ms. Andrea Petzel City of Renton -Planning 1055 South Grady Way Renton, WA 98057 WetlandlForest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 2061772-6514,425/235-4338 Fax Re: Shamrock Heights II -City of Renton File No. LUA04-148 Wetland Buffer Enhancement -Annual Monitoring Dear Ms. Petzel: Per the City's requirements, this letter provides the 2007 annual monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. This is the first annual report and the 2nd year of monitoring following the buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. Per the buffer monitoring program (7/2/05 Wetland Buffer Enhancement -Monitoring & Maintenance Plan, Schulz), the annual site inspection is to occur late in the growing season (August to September) with the report to be submitted to the City within 60 days. The annual monitoring inspection was conducted on August 1, 2007. Lot lOis now developed with a new home that appears to be occupied. The list below provides my observations of the buffer enhancement area and trees. 1) One Douglas fir tree is dead that had been showing signs of stress as previously reported in a monitoring report for this site (7/24/06 Wetland Buffer Enhancement -Quarterly Monitoring, Schulz) . . ~. The remaining 11 trees (6 Douglas fir & 5 Western red cedar) appear established without damage or signs of disease or infestation. 2) The trees need to be hand-watered during the 2007 summer months. A thorough soaking around the trees is recommended at least once a month. Watering should occur as soon as possible in August 2007. 3) Blackberry shrub cover around the new trees should be pruned during the August 2007 watering and maintenance event. Special care is needed to avoid clearing of the native groundcover plants i.e. sal ai, bracken fern, sword fern, Pacific blackberry. /' 4) The wooden support stakes an ollars are not necessary and need be removed from the trees during the August 2007 maintenance event. .. , -- Ms. Andrea Petzel, Shamrock Heights II August 2, 2007 Page 2 5) Per the 7/2/05 Monitoring & Maintenance Plan, the dead Douglas fir tree will be replaced this year. The replacement Douglas fir tree will be at least 5 feet in height. It is recommend that this planting occur in late September or early October 2007. 6) Even though a wooden fence has been installed along the edge of the buffer with wetland protection signage, the residents of Lot 10 may need to be notified that the protected wetland buffer area is being monitored. Photographs of the buffer enhancement area will be provided after maintenance occurs and the new Douglas fir tree is planted. If there are any questions or concerns regarding this monitoring inspection report or you require additional site-specific data, please feel free to contact me. ~i~)l. J C. Gary :ilIZ JUy WetlandIForest Ecologist cc: Ms. Sara Slatten, Cam West Development ' .. /' II 1 • .DA ~-f~ , • I tI) ~DIA aeDlA • 6DI6 ': :---r / ! 66,00' j ~ .... --~ -~~~~~. J I I 4' WIRE 'ENCE O· ,:--;-~~-- t:· i~II' ------, ~OT2 I~ I ~r 101 I 1 I 5, \0.0 sq. ft. I I 6,754.5 sq. ft. I \. I I I (5,778.8 sq. ft.) II \. I I I ___ ~ ____ ~ L I / ------~---~ 02305-9215 75.05' ",.r. _ . l'~ ' .. :< . I qryplataddress 06/01/2006 II!;'(;)Iill sfJRel;~ smB (t~sffiBEl;J~nll~Mi:tm R~~{~",t:l.~:,S:l:J6jjiiY~.li\1f 1 5025 NE 8TH PL IRELAND SHORT PLAT 2 5019 NE 8TH PL . IRELAND SHORT PLAT 3 5018 NE 8TH PL IRELAND SHORT PLAT 4 5024 NE 8TH PL IRELAND SHORT PLAT Page 1 ., • .0:.--_ .. _ .... ~ ." •• -..... CIT~F RENTON ,-PlariflingIBuildingIPublicWoi'lcs Department Gregg Zimmerman P.E., Administrator July 25, 2006 Sara Slatten Camwest Development 9720 NE 120th Place-Suite #100 Kirkland, W A 98034 Subject: Fourth QlIarterly Performance Standard Monitoring Review Shamrock Heights IT Final Plat ' (CityOfRetitort-.file.No".J':UA04,=148 '. :.( Dear Ms. Slatten: .... : I received arid .reviewed the fourth'QuarterlyPerfonnanceMoIntonng Repprt for the Shamrock Heights IT wetland mitigation project. This report fulfills your obligation for quarte.rly monitoring for the first year; you' are now required to monitor' on a 'yearly basis for a minimuin of four more years. The arearilUst be' successfully monitored arid ~iritairied for a minimum oj five years. to assure the success of the wetland mitigatiollproject: , ' ,.'" , , , ' ", To date, the performanct<of the b~ffer 'eiiliaricemenfappears satisfactory:piease tak~'the necessary measures as retomniended by Y91Jf wetlandbio;logist to ~ecure the, 'survival Of the plantings. Of particular, note are the recomrriendations to hand water during thes~er months of 2006 and to remove the invasive blackberry shrubs. As a reminder~ if at anytime in the next four years the mitig!ition project does not meet the' established perfolmance standards; the monitoring period wilL be put on hold until compliance is • achieved., Subsequently, themonitormg timeframe will be restarted and you will once again be required to provide quarterly reports for the first year and annual reports~ereafter (for a minimuin of five years). ' , If you have any questions, please feel free, to contact me. I look forward to receiving yoUr first annual maintenance and monitoring report in 2007. Sincerely, ~~ Andre'a Petzel Development Services Division cc: " File No. LUA04-148 C. Gary Schulz, Wetland Ecologist Jennifer Henning ~ ------l-O-SS-S-'o-u-th-G-ra-d-y-W-a-y--R-e-n-to-n,-W-as-hln-·-gt-o-n-9-g-0S-S------RE N T ON ~-'" ... " --_. AHEAD OF THE CURVE t c. Gary Schulz July 24, 2006 Ms. Andrea Petzel City of Renton -Planning 1055 South Grady Way Renton, WA 98055 Wetland/Forest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 2061772-6514, 425/235-4338 Fax Re: t£h~fitii:;..(;ity<'0~ReritonFile:No;LtJA04~148 ':! lG4 ~e~ Wetland Buffer Enhancement-:-Quartefly Monitoring Dear Ms. Petzel: Per the City's requirements, this letter provides the last quarterly monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. This is the fourth report for the first year of monitoring following the buffer enhancement planting. The subject property is approximately 4.6 acres and is located on the north side of S.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. Per the City's requirements for this plat, a quarterly inspection was conducted on June 16, 2006. Attached to this letter report are representative photographs of the planted trees and buffer area taken during the 6/16/06 monitoring inspection. The list below provides my observations of the buffer enhancement area and trees. 1) All 12 trees (7 Douglas fir & 5 Western red cedar) appear established without damage or signs of disease or infestation. A Douglas fir tree is showing signs of stress but has some new foliage growth. The tree has the potential to become fully established and no actions are recommended at this time. 2) The trees need to be hand-watered during the 2006 summer months. A thorough soaking around the trees is recommended at least once a month. 3) Blackberry shrub cover around the new trees is minimal but should be pruned during the summer month's watering maintenance. 4) The wooden support stakes are not necessary and may be removed from the trees during the summer maintenance. 5) A wooden fence has been installed along the edge ofthe buffer and wetland protection signage has been installed in the adjoining buffer area of the Shamrock plat. t Ms. Andrea Petzel, Shamrock Heights II July 24, 2006 Page 2 As last reported in March 2006, several of the Douglas fir had signs of stress but all the trees have become established and are growing. One of the fir trees appeared stunted in growth but is not dying. If there are any questions or concerns regarding this inspection report or you require additional site-specific data, please feel free to contact me. Sincerely, C. j)no_, ~r/2J f2 ~. C. Gary 7u1zl\j~r ~O WetlandlF orest Ecologist cc: Ms. Sara Slatten, Cam West Development Ms. Jennifer Henning, Senior Planning Representative Photographs: Several of the new Douglas Fir Trees Representative Photographs: Above are several new Western Red Cedar Trees July 6, 2006 Sara Slatten Camwest Development 9720NE 120th Place -Suite #100 Kirkland, W A 98034' . . .' CITY~FRENTON PlanningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator Subject: Fourth' Quarterly Performance Standard MonItoring Review Shamrock Heights II FirialPlat . City of Renton File No. LUA04-148 Dear Ms. Slatten: . . This letter IS to .inform you that as of July 6; .2006 '1 have not received. thefourthqriarterly maintenance' and monitoring' report for the Shamrock Heights n wetland mitigation project that was due at the end of June 2006. . . As a r~minde~,themitigationaiea m~stbesuccessfully rilaintained:f()ra mihim~ offive yeats to ~sure thesurvival/P~o~ce of the: eilhanced wetland buffer. Renton Municipal Code requires quarterly monitoring for the firstye!l(atid imnuitlreports thereafter. . .. . . . . '-' . ~ . '.' . HOOK forward to receivin~thiireporti~s~~nasWssiljle .. Please.sendthereport to my attention, and if you have any questions pl~ase feel freeto.contactmeat425-430-:7289. . ~SinCerelY"" pJ,J" '.' • • •••• • ••••••••••••••••••••••••• Andrea PetZel Development Services DiVision cc: {}ile No, LUAW:148--:-J . . C. Gary Schulz, wetland Ecologist Jennifer Henning Juliana Fries -------------10-5-5-S-ou-ili--G-rn-dy-W--ay---R-e-n-ro-n-,W--~-hl-n~--on--98-0-55-------------.~ I!1i}I\ -rt..: ________ --'"_: __ r:.nlIl __ ~ ._._ .... __ .. "_..:_ ........... , ___ '" ____ •• __ r AHEAD OF THE CURVE ~. L Kathy Keolker, Mayor April 3, 2006 Sara Slatt~n Camwest Development , 9720NE 120th Place -Suite #100 Kirkland, W A 98034 CIT.,OF RENTON PlanningIBuildingIPublic Works Department Gregg Zimmerman P.E., Administrator Subject: Third Quarterly Performance Standard Monitoring Review ' Shamrock Heights n Final Plat City of Renton File No. LUA04-148 Dear Mr. Schulz: We have received and reviewed your summary for th~winter 2005 QUarterly Performance Monitoring of the wetland mitigation for Shamrock Heightsn. The mitigation area must be successfully maintained for a minimum 'of five years to assure the survival/performance of the enhanced wetland buffer. , To date,the performance of the buffer enhancement appears satisfactory. We look forward to : receiving your fourth (sprihg) quarter report.' If you have any questionsregardin.g thisletter,please contactLaureenNicolay at 425-430-7294 ormyselfat425-430-7233. ,',' C ' Sincerel~, , -PR.P---- Derek R. Jordan ' Development SerVices Division ' cc:File No, LUA04-148 C, Gary Schulz, Wetland Ecologist Jennjfer Henning Laureen Nicolay -------IO-S-S-S-ou-th-G-ra-dy-W-ay---R-e-n-to-n,-W-as-hi-ngt-o-n-98-0-SS-------~ ~ This oaper contains 50% recvcIed material. 30% oost consumer AHEAD OF THE CURVE , , ., i...' .-,-,' . ;~ , "'. "".' - " .;.: .:.;' .- .. ', , ' ' ; .> .. : ~ . PlanningIBuilding/PttblihWorksJ;Jeparbnent , Gregg ziJJUnerlJl3nP~E;; AdnUniStrator ," . A iil62006 ,p, " ". ':, , . S~ra Slatten , ,Camwest Development ' ,,' , "9720 NE '120th place --Suite #100' "Kirkland, WA98034 , SUBJECT: GRADING ALONG THE EASTSIDE OF LOT 11 \ SHAMROClCQEIGIITS IT -LUA04-148 Dear Sara, ,";".:" ".'. A questionatose regarding ~thegtaptfig'~ Lot lIon Shamroclc Height U. It isguestiop.able if the , slope: al()ng the eastern 'prop.etw iiiI.i~~ineet: the recommenda1:i~s' contamedin:, tbe/ ~"S~bsptface E1qllorafion;Geologic Hat.artk, auf Preliminary GeoteeliP.ical En~g: ~Repprt"~ 'The nic<funnertdation is 2H: IV fOf ~ents161ies.' '. J' '. • ,'R •• ' • _ _" • " .-,.:' 'fi.): '~': ;,'.~ ;~' . W eate'tequesting that the,abP;,,~:r~~~¥slope: beswWeyed'~d that Jl Tep~:~e:~.~~t:tli'the City ':ofRetltOti; {Omy attentiOn. O!~;'aIl:~ative you ~y have aprofessiona.t~,e~t;condu.ct .. :analysiS:ofti'ie.slope in questioh"an:d~s,cit&areportWitkhislhei$~and si~~.'~':."," " . -.. ". . . ," . ~ .. '. -. . -... '. -. -.. '" ," ," " -.. ~ ; .- 'ifjdu:bave''any questions, pleas:e!~p.t~&i~e at 425430~ 7278:' Thank you for y~tlr~~~p~tation. -.' . .. " "J. -. " . ~ .' ~ ... '.. " .. .;.... -, :, . -~ ,".' " . '. ~'; ~ "'1 :\ .. ':. , .. ' '. '. ~ " .... , . . ',: .. :. ,;.,;"." ;', . ,'. ,.', t':, .'" , .' \':.:' , : .. . ' '.', : ,' ... :"Z ",., -' --: ;' ~;. ' :' ,': . . -'. :cc,~ 'K'ayre(l, !Cittrick .' Mike Frazier . ", ,', ·1 ~~p4~L48) :', ~ . ': .,." . . ,_.J- .",. ' . ' .. ". .'.' . .... : , .. , , "',".; ".--. C. Gary Schulz March 26, 2006 Ms. Jennifer Henning Senior Planner .11 City of Renton -Planning 1055 South Grady Way Renton, WA 98055 Re: Shamrock Subdivision -City of Renton: WetlandlForest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 2061772-6514,425/235-4338 Fax DEVElOPMEI'. . -A1\lNlNG CITY OF Pt:NTON MAR21m RECEIVED Wetland Buffer Enhancement -Quarterly Monitoring. Dear Ms. Henning: Per the City's requirements, this letter provides the third quarterly monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. The subject property is approximately 4.6 acres and is located on the north side ofS.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot lOin July 2005. Per the City's requirements for this plat, a quarterly inspection was conducted on March 23, 2006. The list below provides my observations of the buffer enhancement and trees. 1) All 12 trees (7 Douglas fir & 5 Western red cedar) appear healthy without damage or signs of disease or infestation. 2) Blackberry shrub cover around the new trees is minimal and does not require any maintenance at this time. 3) A wooden fence has been installed along the edge of the buffer and wetland protection signage has been installed in the adjoining buffer area of the Shamrock plat. In summary, several of the Douglas fir had signs of stress but all the trees have become established and are growing. If there are any questions or concerns regarding this inspection report or you require additional site-specific data, please feel free to contact me. C :Jj~'><JI' Sincm' ()~. C~ Gary Schaz WetlandiF orest Ecologist cc: Ms. Sara Slatten, Cam West Development ~.. '·.l DATE: TO: CC: FROM: STAFF CONTACT: SUBJECT: ISSUE: . RECEIVED PLANNINGIBUILDINGI Renton City Council PUBLIC WORKS DEPARTMENT IJh /, hes L1nvm .. MEMORANDUM February 9,2006 Dan Clawson, Committee Chair Members of the Utilities Committee Kathy Keolker, Mayor Members of the Ren~~ City Council Gregg ZimmermruO ~inistrator ).J/~I J. 00 ~ Dave Christensen, Wastewater Utility Supervisor, (ext. 7212) CamWest Development, Inc. Request for Oversizing of Sewer Main Should the Council approve the oversizing request made by CamWest Development, Inc., in the total amount of $4,474.60, for sewer main improvements associated with their development of the Shamrock Plat? RECOMMENDATION: Staff recommends that Council approve the request for oversizinglcost-sharing utilizing the method of cost reimbursement developed by the staff and the developer, in the final total amount of $4,474.60. BACKGROUND SUMMARY: Cam West Development, Inc. is in the process of developing the plat of Shamrock. This plat has two separate divisions located in the NE 4thth and Nile Avenue NE area of Renton. As part of the development of this plat, a new sewer interceptor was needed to provide service to areas both north and east of the plat. Staff worked with Cam West Development, Inc. to oversize their local facility from an 8-inch main to a 10-inch main, thus providing the capacity needed to serve future developments. The oversizing costs requested by the developer are limited to the material cost differences associated with the upsizing from an 8-inch main to a lO-inch main. The total amount requested is $4,474.60 and represents actual final costs, as construction is complete. I Clawson/Cam West Oversizi'lg February 9, 2006 _ Page 2 of2 Cam West Development, Inc. is making this request in accordance with Renton City Code 4-6-010C, Oversizing. This code allows developers to be reimbursed for costs associated with the enlargement of utility facilities required by the City's Utility Division. Funding for the requested oversizinglcost-sharing request would come from the Wastewater Utility through its Miscellaneous Sewer Projects CIP budget line item (426/45065). This account is used for miscellaneous minor capital improvement projects and to fund oversizing requests. CONCLUSION: The development of the Shamrock Plat by Cam West Development, Inc. has allowed the Wastewater Utility the opportunity to partner with the developer to provide for regional facilities to meet the long-term needs within this basin at a significant cost savings to our rate payers. The developer has installed all of the requested facilities to accommodate this need. The costs presented by the developer are reasonable, and represent only the material cost differences for the upsizing. cc: Lys Hornsby, Utility Systems Director H:\File Sys\WWP -WasteWater\WWP-03-0000 Correspondence -Wastewater\davec\Shamrock Oversizing.docDMCtp •• January 12, 2006 Renton City Council Renton City HaIl -7th floor 1055 South Grady Way . Renton, W A 98055 RE: Shamrock HeightS Sewer Extension R-eim[)ursement Proposal Dear City Council, . .:. Corrcs?",cieJICe .. • ·,-cX.3-~otJb /I!JJ.- Refer -10 uJ,'/;-!les C()IHJnlrTel '/Pile ut-ot,·o.o/) ~ _ CITY OF RENTON JAN 1 72006 CITY~~EBmCE CamWest Shamrock Heights, LLC was ~e applicant for the Sbamrock·Heights I & IT plats. As part of COnstructioIlo sanitary sewer was installed to serve both adjoining"plats and stJrr?un~ properti~s. The Renton public works department requested that portions of plat's sewer get upsized from 8-inch to IO-inch main in anticipation of future capacity. It was agreed by both partieS that Cam W est would be reimburSed for the costs associated with the over sizing and 1721 lineal feet of sewer lifie was upsized from 8 inch to 10 inch. The cost difference relates to pipe cost, manhole boots, and bedding for an increase of$2.60 per lineal foot, totaling $4474.60. Attached is the cost break doWII for review. The CamWest ShaJnr9ck . Heights, LLC requests your consideration for reimbursement of.$4474.60. Thank you for your attention to this matter. Sincerely, Sara Slatten Cam West Development, Inc. enclosure AERO COIISfruflf/on Co. 4717 Bickford Avenue, P.O. Box 295 Snohomish, WA. 98290 Phone 425-334-2475 Fax 425-334-2483 Shamrock S,ewer Si%i'ng Comparison 8" PVC 10" PVC Material Cost Material Cost Pipe "$ 4,25 PF Pipe $ 5.85 PF MH Boots $ 1.20 PF MH Boot $ 1.45 PF Bedding $ 2.25 PF Bedding $ 3.00 PF Total' $ 7.70 Total $ 10~30 Difference: $ 2.80 The main cost differences, would be the boot size, bedding and pipe. These costs come to 2.60 PF. . Total rehnbusement due from Renton: 1721 LF 2.60 $4,474.60 - ;. \'" j r .: SW 1/4, SE 114, SE 174, SECTION 10, TWP. 23N.~ RGE 5E., W.M. SHA ROCK ROAD AND UTILITIES' ... ~ -.~-r-t '}i ._--.~ -/---( , I • I I ~ IIC/FR , .,C/FR '/FR :c:K VAL ~ ASSDISL r :7r1R CH£CI( IlY <NT CONNECTION (FDC) '" VALIl' P'tv.l AS(" VAL"'- lCIaNG £1 .Io(t "'-T BASIS OF BEARING HOR/Z. NAD BJj'9r CTY OF RDlTON CPS CONTROL N£1WORK HOLDING CTY OF RENTON MONUMENTS c.o.R.I'§t (BASE POINT') AND C.o.R. I'SSR HORIZONTAL DA TUM HORIZONTAL NAD BJj'9' VERTICAL DATUM ~I7CAL-NAIO B8 BENCHMARK CTY OF RDlTON SIJIl\£'Y CONTROL N£TWORK MONUMENT 1'852 r BRASS SURFACE MONUM£NT FOUND AT THE CCRN£R OF N~ 4'ffl STR£ET(SE '2BTH ST.) AND '48TH 101£ SE 0"781.1 A_~ s£:..T •. R! ~KE..IN W. FACE OF UTIUTY pa.£ I I __ ==~:.:~! __ =::._.L ._~, r---------"'---1 ,;--€i'Z-:''; ... " . ". ' .. ::":, ;~. -'-,--.-.; ._ ' ,I ._. .'-. ,r-r.:c..~--··----l' :i ) . , .. _~. \ ,f--~_--II~'_ i .).,..·.;-·1-' /,1 __ .. SCALE: 1 n = 200' ' ... ' I,' , II , ':---~-: -.. r-I 'L ! , -, L .. _ ! f-f-" I ~- .. ! ! «8. I 4 ,. ~1vh7i!i' . baa .\;:&\'f!(J¥ :1 r+ --" ~l_ .. , ,I PROJECT INFORMATION ~L .. _ Ii I: IL_._ PROJECT DEVELOPER: CAM WEST REAL ESTA TE DEVELOPMENT, INC. 11720 NE 120TH PLACE, SUITE 100 tOO 200 400 " ! KIRKLAND. WA 11803" CONTACT: SARA SLATTEN (<U6J 8:16·1966 ENGINEER/sURVEYOR: TRIAD ASSOCIA TES 1181" 116TH AVE NE KIRKLAND, WA 118034 (4:l6J 8:11-844B . CONTACT: GERRY BUCK (<U6J 8:11·8448 GEOTECH. ENGINEER: ASSOCIA TED EARTH SCIENCES 911 FIFTH A VENUE, SUITE 100 KIRKLAND, WA 98033 CONTACT: KURT MERRIMAN (4:l6J 8:lT·T701 , .. " j,. VICINITY MAP' "", IU SCALE e /?-3/8101 rNo7'i:' . _ -.::.-_._ .. _ .. _ ..... __ i --.... --.--'--" - I , • ... ttl ~ m 8 -!LI U I! g; 1i!<E -111 ~ ~ fiIlIII PIIIS'I sew - ~errecordUng,retunnto: City Clerk's Office City of Renton 1055 South Grady Way Renton, Washington 98055 \1llllln~'llllll 051228001355 SHAMROCK HIGHL RCOVE 67.00 PAGE001 OF 036 12/28/2005 11:42 KING COUNTY, UA DECLARATION OF COVENANTS, CONPITIONS, RESTRICTIONS, ANti RESERVATIONS FOR SHAMROCK HEIGHTS GrantorlDeclarant: CAMWEST SHAMROCK HEIGHTS LLC, a Washington limited liability company Additional names on pg. Nt A Grantee: Plat of SHAMROCK HEJGHTS I, per plat recorded Un Vol. d31 of Plats, pages 1-, 0-, and Plat of SHAMROCK HEIGHTS II, per plat recorded Un Vol. 'Z32ofPlats, pages (.p?.-~S-: records of KUng County Washington; and SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION Additional names on pg. Nt A Legal Description: Ptn ofSE Y4, S 10, T 23 N, R 5 E, W.M. Official legal description on Exhibits A and B Assessor's Tax Parcel ID#: 1023059040; 1023059304; 1023059022; 1023059030; 1023059031; 1023059174; 1023059191; 1023059319; 1023059384; 1023059415; 7708200010-77082001170 . Reference # (if applicable): 121211051l:26AM 50595067.5 Additional numbers on pg. Nt A I DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR SHAMROCK HEIGHTS This Declaration is made as of this ~I sf"" day of Pea?i11~ ,~VS , by CamWest Shamrock Heights 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 unincorporated King County, Washington, commonly known as Shamrock Heights I and more particularly described in ExhibIt A attached hereto (the "County Shamrock Heights Property"), . and the owner of that certain real property and improvements located within the City of Renton, King County, Washington, commonly known as Shamrock Heights IT and more particularly described in Exhibit B attached hereto (the "City Shamrock Heights ·Property") (the City Shamrock Heights PropeJ;ty and the County Shamrock Heights Property, collectively "Shamrock Heights" or the "Properties"). B. Declarant desires to create an .owners association at Shamrock Heights to provide for . the maintenance, preservation, and architectural control of the Lots, Private Storm 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 benefit and protection of the Properties, to enhance its value and attractiveness, Declarant provides herein for a comprehensive system of land-use and building controls within the Properties. SUBMISSION OF THE PROPERTY TO THIS DECLARATION Declarant, being the sole owner of the Properties, hereby makes this Declaration for the purpose of submitting the Properties to this Declaration, and declares that the Properties described above shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to· the following covenants, conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for the purpose of protecting the value and desirability of the Properties and shall be binding on all parties having any right, title or iriterest in the Properties or any part thereof, and shall inure to the benefit of each Owner thereot This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent Owners of the Properties 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 12i21105 1l:26 AM· ~7.s -2- Properties, shall and hereby is deemed to incorporate by reference all. provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot. Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Architectural Control Committee" shall mean the Board or a committee by that name designated by the Board. "Articles" shall mean the articles of incorporation of the Association. "Assessments" shall mean all sums chargeable by the Association against a Lot, including, without limitation: (a) general and special assessments for maintenance, repair or replacement of the Common Areas and Street Trees; (b) special assessments for maintenance of the Private Storm Drain Easement; (c) special assessments against a Lot Owner for work done on the Owner's Lot; (d) fines imposed by the Association; (e) interest and late charges on a delinquent Owner's account; and (t) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean Shamrock Heights 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 Board of Directors of the 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 Renton in King County, Washington. "City Shamrock Heights Plat" shall mean the plat for Shamrock Heights II recorded at Volume 2"32 of Plats, at pages C, 2. through (PS-, Recorder's File No. ZooS"CZ."'2COOO \SS'<t records of King County, Washington. "City Shamrock Heights Property" means the property located in the City described more particularly in Exhibit B. 12121105 11:26 AM 505'S0G7.5 -3- "Common Area" shall mean all real property and improvements described in Section 2.1. "County" shall mean the King County, Washington. "County Shamrock Heights Plaf' shall mean the plat for Shamrock Heights I recorded at Volume ~31 of Plats, at pages -L through '0 , Recorder's File No.dD05l1}.~ records of King County, Washington. J "County Shamrock Heights Property" means the property located in the County described more particulady in Exhibit A. "Declarant" shall mean Cam West Shamrock Heights LLC, a Washington limited liability company, 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 rights and duties of Declarant by written instrument in recordable form. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and Reservations for Shamrock Heights, and any amendments 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. "Lot" shall mean any of the 118 numbered lots shown on the County Shamrock Heights Plat and any of the 11 numbered lots shown on the City Shamrock Heights Plat. Ownership ofa Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot. "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5. "Mortgage" shall mean a recorded mortgage or deed of trust that creates 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 designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a . Mortgage which constitutes a first lien on said Lot. Mortgagees shall have the same voting rights as the Owners of any Lot subject to such Mortgage. 12121105 11:26 AM -4 - 5059S067.5 ''Neighborhood Park" shall mean Tract B of the County Shamrock Heights Plat, which shall be a Common Area ''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 interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less 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 affected person shall be notified of the decision 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 interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the perforinance of an obligation shall not be considered an Owner. ''Person'' shall include natural persons, partnerships, corporations, associations and personal representatives. "PlatS" shall mean the City Shamrock Heights Plat and the County Shamrock Heights Plat. ''Private Storm Drainage Easements" shall mean the storm drainage easements benefiting certain individual Lots, as shown on the Plats. ''Properties'' shall mean the real property and improvements located on the City Shamrock Heights Property and the County Shamrock Heights Property, which are more particularly described on Exhibits A and B attached hereto. "Shamrock Heights" shall mean the Plats or the Properties. "Street Trees" shall mean trees located within the public rights of way within the Properties or adjacent to the street within or adjacent to the Properties. "Structure" shall mean any building, fence, wall, pole, driveway, walkway, patio, swimming pool, or the like. - 5 - I · "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 Description of Common Areas. The Common Areas, as shown on the Plats, are listed in Schedule C. Section 2.2 Dedication of Common Areas. Declarant, by ~rding the Plats, dedicates, transfers and conveys the Common Areas to the Association. Section 2.3 Use of Common Areas. Each Owner shall have the right to use the Common AreaS in cOmmon with 'all other Owners, subject to this DeClaration, the Plats (including any easements shown thereon) and any rules or regulations adopted by the , Association, and the following: 2.3.1 The Association may regulate, restrict or totally bar use of portions of the Common. Areas where ordinary use could be dangerous, unreasonably_increase Association costs, be detrimental to the environment, be contrary to governmental regulations or be inconsistent with easement rights affecting such properties. 2.3.2 The Association shall have the right to suspend the voting rights of any Owner for any period during which any assessment against such Owner's Lot remains unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association's published rules and regulations. Section 2.4 Entry Monument. The entry monument for the Plats will be located within an easement on Lot 21 of the' County Shamrock ~eights Plat. The Association shall be responsible for maintaining the entry monument and associated landscaping within the easement area in good condition. Section 2.5 Neighborhood Park Tract. A certain portion of the Common Areas is designated as a Neighborhood Park Tract (Tract B of the County Shamrock Heights Plat). The Association shall have all responsibility for on-going maintenance, repair and , replacement of the Neighborhood Park and facilities in the park, including its irrigation system. The hours of usage of the Neighborhood Park shall be established by the Association. Section 2.6 Street Trees; Certain Fencing; Bus Stop; Street Lighting. The Association shall be responsible for maintenance of the..8treet.Trees.abutting-Common-Areas,..---- including but not limited to the Street Trees and landscaping, including the irrigation system, 1212l/0511:26AM 50595067.5 -6- along NE 4th Street and 148th Avenue SE located on or abutting Tracts B, E, Rand T of the City Shamrock Heights Plat; and each Lot Owner shall maintain the Street Trees abutting the Owner's Lot. The Association shall also be responsible for maintenance, repair and replacement of the landscaping along 148th Avenue SE on or adjacent to Lots 21 though 25 and Lot 117 of the County Shamrock Heights Plat and the landscaping around the storm detention facilities on Tract R of the Cit1 Shamrock Heights Plat and Tract T of the County Shamrock Heights Plat. The Owner of Lot 10 of City Shamrock Heights Plat shall maintain in good condition and repair or replace as necessary a split rail fence and wire mesh fencing separating that Lot from Tract E of City Shamrock Heights Plat to the satisfaction of the City and the Association; and if the Owner of Lot 10 fails to maintain, repair or replace the fence, the Association shall, after the Owner with Notice and Opportunity to be Heard, perform such maintenance, repair or replacement and levy a special assessment against the Owner for the cost thereof. All new fencing and all replacements thereof, whether installed by the Association or by individual Lot Owners shall be similar to the fencing originally installed by the Declarant. The fencing located within the Association's Common Areas, such as the Neighborhood Park Tract B and the detention Tract R shall be the responsibility of the Association .. Each Owner shall maintain the fencing on the Owner's Lot, as further provided In Section 6.23. The Association shall maintain and repair or replace as need the structure for the bus stop located within the public right-of-way for 148th Avenue SE south of 121st Street SE. The Association shall pay, as a common expense of the Association, the cost of street lighting for streets within Shamrock Heights, including any amounts due to Puget Sound Energy with respect to the financed cost of the street lights and power for the lighting. The Association shall be obligated to payoff any balance due to Puget Sound Energy with respect to the street lights prior to transferring the Common Areas and the street lights along the streets within Shamrock Heights to another billing entity. Section 2.7 Private Stomi Drainage Tracts and Easements. The Plats establish Private Storm Drainage Easements and Drainage Tracts as part of the overall storm water drainage system over portions of the Properties for the benefit of the Lots. Declarant, by recording the Plats, grants a storm drainage easement to the Owners of the Lots benefited by the Private Storm Drainage Easements. In particular, Tracts B, G, H, I, K and 0 contain storm water drainage swales which must remain in place and be maintained to work properly. The Association shall be responsible for the maintenance of the storm drainage facilities within the Private Storm Drainage Easements and Tracts. Vegetation within the Tracts and Easements shall be routinely maintained and replaced as needed. No garbage or debris shall be discarded on any of the Association's Common Areas nor shall any private property be stored thereon. The Owners of the Lots upon which the Private Storm Drainage Easements shall not use alter their Lots in any way that would interfere with the proper operation of the storm drainage system serving· the Properties. The Association may adopt rules and regulations regarding use of the portions of the Lots subject to the Private Storm Drainage Easements. 12121/05 11:26 AM 50595067.5 -7- Section 2.8 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 family members, guests, and tenants of such Member. Each Owner shall be responsible for informing such Owner's family members, guests, tenants, and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to 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 A.ssociation, 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 Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.9 Maintenance. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Common Areas as well as the entry monument, Private Storm Drain Easements, Street Trees and fencing, as provided above. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. In the event that any tract which is dedicated to the County for ownership, maintenance, and/or access purposes is not bemg maintained at a level which is acceptable to the Association, the Association may, but is not required to, maintain the dedicated tract as it deems appropriate, including the perfollIl,allce of grass cutting and maintenance of shrubs, trees, and flowers. Any maintenance performed by the Association on dedicated tracts shall be a common expense and shall not obligate the Association to continue to maintain such tracts. Article 3. HOMEOWNERS ASSOCIATION Section 3.1 Establishment There is hereby created an association called the Shamrock Heights Homeowners Association or such other name at Declarant shall determine (the "Association"). Section 3.2 Form of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the iriitial Board of DirectorS the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Properties and for 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 for the administration of the Association and the Properties, and to fiuiher the inteIiLof..thiS-Declar-ation,-shall-be-adapte<i--{).t:-amended by th~l'Ern~erRSHa!l~---- regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of 12121105 Il:26AM -8 - 50595067.5 Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. Section 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 of the 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 Owners except the Declarant, and each Class A Member shall be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall 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 Class B member shall be the Declarant who shall be entitled to thr~ 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 member; 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 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 the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatic3ny to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, . detailed, and accurate books and records of the receipts and expenditures of the Association, in a form 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. Section 3.8 Inspection of Association Documents. Books. and Records. The Association shall make available to Owners, Mortgagees, 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 other rules, books, records, and financial statements of the ASsociation, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances The Association may require the requesting-pElJ~H<.y-T--l!tov-___ -- pay a reasonable charge to pay the cost of making the copies. 11121105 11:26 AM -9 - S0595067.5 Article 4. MANAGEMENT OF TIIE ASSOCIATION Section 4.1 Administration of the Properties. The Members covenant and agree that the administration of the Properties 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 Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Properties and the Members, shall have all powers and authority permitted to the Board under this 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 defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Require any officer 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, Private Storm Drain Easements, Street Trees; the collection of assessments; the sending of all required notices to Owners; the operation of Association meetings; and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under· this Declaration, including legal, accounting, management, security patrol or other services. The Board may.pay the Declarant a reasonable fee for any services it performs 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 officer or officers, agent or agents ·of the Association and in such manner as is from time to time determined 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 Properties and other matters of mutual concern to the Members, which odes and reg:ulationS---af.e.-llot-incoosistent---with---this~tien-andH-tth:ae~--· Bylaws and which treat all Members fairly and in a non-discriminatory manner. 12121/05 11:26 AM -10 - 50s9s067.5 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 CONfROL Section 5.1 Construction and Exterior Alterations or Repairs. 5.1.1 All Structures (including, without limitation, concrete or masonry walls, rockeries, driveways, fences, hedges, swimming pools, if any, or other Structures) to be constructed, erected, placed or altered within the Properties, all exterior alterations and repairs (including, but not limited to, re-roofing or repainting) of any Structures on the Properties and visible from any street or other Lot, and any construction or alteration of landscaping on the Properties must be approved by the Board or an Architectural Control Committee ("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 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 given by the ACC. 5.1.2 The ACC will review submittals as to the quality ofworklnanship and materials planned and for conformity 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, architects, other design -professioDals and/or governinental 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 proposed 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 it, the ACC will be deemed to have given its approval. Approval by the ACC does not preclude or replace any required governmental agency approval. ______ 5.1_A __ Jhe~umlleight--Of-any building-shalLbe-established-by--the ACG-- as part of plan approval and shall be given in writing together with the approval. If the ACC 12/21/05 11:26 AM 50595067.5 -11 - has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than 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 the ACC. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC. 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 ACC. 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 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 effector impairment that such building or structure will have on the view or outlook of surrounding Lots, compliance with the Plat, and any and all other factors 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 to disapprove the design or installa.tion of a swimming pool or any other recreational structure or equipment deemed 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 COnllnon 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 Owner's expense, the tribJming, topping or, if deemed necessary by the ACC, removal of any tree, hedge or shrub on the Owner's Lot which the A-CC determines is reasonably blocking or interfering with the view or access to sunlight of another Lot or any-Common Area 5.1.9 Declar~t (including any successor in interest to Declarant's status as Declarant) 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,theACC may adopt or amend architectural guideliries consistent with this Declaration for making its determinations hereunder. 12121/0511:26 AM 50595067.5 -12- 5.1.11 No Structure 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 with evidence that all necessary permits have been obtained from the City for any work on a Lot for which ACC approval is required under this Section prior to commencement of the work. 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 the period of sale of Lots or Homes upon such portion of the Properties (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 Homes, including but not limited to a business office, storage area, signs, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, each Owner, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Home and other Structures or improvements on the Owner's Lot· in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any Owner 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 be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall payor reimburse the Association on demand for all such costs and expenses. All trees, hedges; shrubs; 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 visual nuisance. Leaves, clippings, dead plants and other yard . Waste shall be placed in a compost pile or appropriate containers for disposal, which shall not be in storm swales or storm detention facilities. Section 6.2 Restrictions on Storage. No Owner shall store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Properties or construction of the Homes) or any disabled Or inoperable motor vehicle on the Properties 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 impound, at the expense and risk of the Owner thereof. 12121105 11:26 AM 505950675 -13- Section 6.3 Roads and Sidewalks. The road and sidewalks located in Shamrock Heights shall be used exclusively for nOlTIlal access, ingress and egress, and no obstructions shall be placed thereon or therein except by express written consent of the-Board. The Board 'may adopt rules and regulations· governing parking by Owners and their guests in Shamrock Heights. 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 activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancill~ purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; (ii) for use as a home office 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 usesnolTIlally incident to such purposes; and (iv) for purposes of operating the > Association and managing the Properties. Section 6.5 No Nuisances. 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 an annoyance or nuisance to other occupants on the Properties. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in the Properties, shall be divided and sold or resold, or ownership changed or transferred whereby the ownerShip of any portion of the Properties shall" be less than the area required for the use district in which the Properties 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 Lot, Tract or public street within the Properties shall be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste shall be 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 Lot. All containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. 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 Tract or 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 12121/05 11:26 AM -14 - 50595CK7.5 or maintained on any Lot or on the outside of any Home. Allpets 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 confinement system not dangerous to humans. Pets shall not be allowed to leave excrement on any Lot, driveway, sidewalk or street within the Properties or any portion of the Common Areas or other Tracts within the Plat. Any Owner whose pet violates these provisions 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 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 are permitted to remain. Section 6.9 ~. No signs shall be displayed to public view on any Lot 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 Lot 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 Shamrock Heights. Section 6.10 Renting and Leasing. 6.10.1 With respect to the leasing, renting, 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 foreclosure proceeding, or any deed of trust sale or other arrangement 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 this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting a default und~r such lease or rental agreement. 6.10.2 Ifa Home is rented by its Owner, the Board may collect, and the tenant or lessee 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 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the 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. The Board shall not exercise this power where a receiver has been appointed with respect to the Home or its Owner, or in derogation of any rights which a Mortgagee of such Home 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 his Home. Section 6.11 Zoning· Regulations. Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the 12121/051l:26AM ~5 -15 - Properties subject to this Declaration shall be observed. In the event of any conflict between any provision of such governmental 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 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 problems, noise, or otherwise violate this Declaration. Owners shall also comply with all of the 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 conformance 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 Declarant, builders, or contractors during the construction period. Section 6.14 Protected Antennas. Owners may not install antennas, dishes or other receiving devices in or on any portion of the Lots, except as provided in this Section. Each· Owner shall have the right to' install a Protected Antenna (as defined by the provisions of 47 C.F.R. § 1.4000 ("FCC Rule") as it now exists or is hereafter amended or replaced, or any other federal, state or local law, code, rule or regulation that preempts, prohibits or limits restrictions on, or conditions to, the installation, maintenance or repair of telecommunications equipment desired by an Owner) (but no other kind of antenna, dish or receiving device) on the Owner's Lot, subject to such reasonable rules and regulations as the Board may adopt; provided, however, the Association may prohibit the installation of a Protected Antenna by Owners if the Association provides a central antenna system that complies with the FCC Rule or any other law, ordinance, rule or regulation that permits such prohibition. If the provisions of this Section conflict with any applicable federal, state or local law, ordinance, rule or regulation, the terms of such law, ordinance, rule or regulation shall prevail, but the ·.conditions and limitations set forth .. in this Section shall be enforced by the ACC to the maximum extent permitted by 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. Section 6.16 Oil and Mining. Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon 12121io5 11:26 AM 5059S067.5 -16- or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 6.17 Use and Disposal 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, dumping, discharge or disposal of any hazardous substance or material. The Owner of each Lot shall not dispose of or discharge any hazardous substance or materials on any Lot, Tract, Common Area, public street or other area located within the Properties. Section 6.18 Completion of Projects. Any Structures 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 . construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted 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. Section 6.20 Exterior 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 from view from the road located within the Properties. Section 6.21 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots when permitted by law. Reasonable 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 permitted within the Properties, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.22 Screened Service Areas. Unsightly items must be hidden from view 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 limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor 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 Location of Fences; Permissive Use. Declarant has constructed certain fences between Homes on adjoining Lots within the Properties for privacy purposes. With approval of the ACC, Owners may also construct fences. All fences installed by 121l1l0511:26AM SOS95067.5 -17- e . Owners shall be the same as the fencing originally installed by the Declarant. The intention of the Declarant is that each fence, when constructed, shall be wholly on one Lot or another and not on the property line between adjoining Lots, as shown on the Plats. For reasons of convenience or topography, Declarant or the Lot Owner may not construct each fence immediately adjacent to the property line between adjoining Lots. Accordingly, the fences are not intended to mark the property line and no fence shall be construed as modifying the property line between the adjoining Lots, as shown on the Plats. The Owner of the Lot upon which a fence is located (the "Fence Owner") shall own the fence and shall have the right to relocate the fence to another position on the Owner's Lot at any time and for any reason, subject to approval of the ACC. The Owner of the adjoining Lot (the "Adjoining Owner") shall have only a revocable personal license to use the strip of land between the recorded property line and the fence for landscaping and other ordinary yard purposes until revoked by the Fence Owner and any such use of the strip of land by the Adjoining Owner shall be deemed permissive. Except as provided in Section 2.6, the Owners shall be responsible for keeping the fencing on their respective Lots in good condition and repair. Section 6.24. 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 written consent or vote of the Board and a vote of 67% of the total votes entitled to be cast by the·Owners of the Lots is required to rebuild in accordance with a plan that is different from the original plan as it may have been modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a 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 then current assessment for the purpose of real estate taxation. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided in this 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, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot 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 ownership of a Lot changes, assessments payable in installments which have been established . 12121/05 11:26 AM 5II59S067.5 -18 - for the current fiscal year shall be prorated 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 authority of the Board shall be established in accordance with this Article 7, except for assessments levied against an Owner for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection 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 constructed on the Lot 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 prepare, or cause to be prepared, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The' operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses. Assessments on each Lot 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 Leyy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy on every Owner a general aSsessment. The Association's operating budget shall be divided by the number of Lots to determine 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 Lots owned by the Owner by one assessment unit. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each Owner 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 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 assessment 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 general 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 shall continue until a 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 12!lIl0511:26 AM -19 - 505'5067.5 --e Board 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 general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy an assessment or assessments at any time against all Lot Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a Common Area, or for such other purposes as the Association may consider appropriate, including but not limited to maintenance of the Private Storm Drainage Easements and Street Trees; provided, however, that any such assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's special assessment for any year shall be calculated 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. Section 7.8 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least 15 days after the due date shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not excee4ing 25% of any unpaid assessment which has been delinquent for more than 15 days. Section 7.9 Accounts. Any assessments collected by the 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 accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorlzed by this Declaration. Section 7.10 Lien. In the event any assessment or installment thereof remains delinquent for more than 30 days,the Board may, upon 15 days' prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment . of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A notice of assessment may be recorded in the office where real estate conveyances 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 such assessment and charges shall have priority 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 maintainable without foreclosure or waiver of the lien securing the same .. Said liens may be foreclosed as a mortgage. 12121105 H:26 AM 50595067.5 -20- 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 time any assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof .' Section 7.12 Records and Financial Statements. The Board shall 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 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. 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 available) stating 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 shall be furnished to'any Owner or any Mortgagee of a Lot within a reasonable time. after 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 assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same 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 collect any assessment. In any action to foreclosure the lien of, or otherwise collect delinquent assessments or charges, any judgment rendered in favor of the Association shall fuclude a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.15 Curing of Default. The Board shall prepare and record a satisfaction and release' of the lien for which a notice of assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the notice and all other assessments which have become due and payable following the date of such recordation 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 to time 12f21/0511:26AM -21 - 50595067.5 I be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction and release of the lien created by the notice of assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation 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 Delinguent Assessment Deposit; Working Capital. 7.16.1 A Lot Owner may be required by the Board, from time to time, to make arid 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 separat~ fund, be credited to the Lot owned by such 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 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 draw upon said deposit as a result of a Lot Owner's delinquency in payment 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 shall continue to have all of the rights and remedies for enforcing such assessment payment and deposit restoration as provided by this Declaration and by law. 7.16.3 Upon the sale of a 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. .i 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 months of monthly assessments as an initial contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction or development of the Properties, to pay Declarant's contributions to Association reserves or to make up any deficits in the budget of the Association. 12121/05 Il:26 AM 50595007.5 -22- Article 8. COMPLIANCE AND ENFORCEMENT Section 8.1 Enforcement. Each 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 be 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 on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. 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 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 arbitration, in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in anyone 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 term, 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 made unless expressed in writing and signed by the Board. Section 8.3 Arbitration. Any dispute between the Owners, between an Owner and the Board or the Association or between an Owner, the Board or the Association and Declarant shall be determined by arbitration in the King County, Washington, under the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as modified by this Declaration. There shall be one arbitrator selected by the parties within seven days of the arbitration demand or, if not, then selected pursuant to the AAA Rules. The arbitrator shall be an attorney with at least five years owners association, subdivision or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this Declaration shall be determined by the arbitrator. At the request of either party made not later than 45 days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation which shall not delay the arbitration hearing date. There shall be no substantive motions or discovery, except 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 day~. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a judge including attorney fees and costs to the prevailing party, but the arbitrator shall not have the power to award punitive damages. This arbitration provision shall not cover claims by the Association for collection of assessments; such claims shall be governed by Article 7. 12flIl051l:26AM 50S95067.5 -23- I Section 8.4 Remedies Cumulative. Except for claims which must be arbitrated pursuant to 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 available under law although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. 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 the basis of such information 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 or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, 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 or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he 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 his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification 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 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 assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. Article 10. MORTGAGEE PROTECTION Section 10.1 . Priority of Mortgages. Notwithstanding 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 and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien mortgages or deeds of trust 12flIl0511:26AM -24 - 5059S067.5 which were made in good faith and for value upon the Lot. A mortgagee of a Lot, or other purchaser of a Lot, who obtains possession of a Lot as a result of foreclosure 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 from 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 a 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 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 alter 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 writing 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, conditions, restrictions, covenants, easements or reservations 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 subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 10.4 Copies of Notices. If the 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 more than 60 days failed to meet any obligation under this Declaration~ Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. 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 Properties, and the J;Ilost recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. EASEMENTS AND SPECIAL TRACTS Section 11.1 Association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12J21/0511:26AM 5O~.s -25- Section 11.2 Utility Easements. Various easements are reserved on the Lots, as provided by the Plats and applicable laws, ordinances and other governmental 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 permitted to remain that may damage, interfere with the installation and maintenance of utilities, that may change the direction of flow of drainage channels in the easements, 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 Lot benefited, except for those improvements for which a public authority or utility company or which Association is responsible, as provided on the Plats or in this Declaration. The Owner shall maintain the portion 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·easement for the 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 Security 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, Tracts or Common Areas in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing so with reasonable cause, or (ii) acting with the consent of the Owner or tenant of such Lot Article 12. ABANDONMENT OF SUBDNISION STATUS Section 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an 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 Properties and without prior written approval of 100% of all .first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Properties as approved by the governmental entity having appropriate jurisdiction over the Properties. Article 13. AMENDMENT OF DECLARATION OR PLAT MAP Section 13.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the 12111105 11:26 AM -26 - 50595067.5 entire amendment. Until the Transition Date, this Declaration may be amended by an instrument approved and executed by Declarant and approved by the 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 obt:ai.ned 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 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 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 such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity 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 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 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 Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be Completely effective to amend any or all of the covenants, conditions and restrictions 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 Plats. Except as otherwise provided herein, the Plats 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 a Plat shall be made available for the examination of every Owner. Such an amendment to a Plat shall be effective, once properly adopted, upon having received . any governmental approval required by law and recordation in the appropriate City or County offices in conjunction with the Deolaration amendment. Section 13.3 AmendmentS 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 Lots have been sold by Declarant, file an· amendment to the Declaration and to the Plats to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate easements. Section 13.4 City Approval. The prior written approval of the City shall be required for any amendment of the Declaration relating to the responsibility of the Association to maintain the Common Areas or those portions of the Properties. 12121105 11:26 AM 5059S067.5 -27- \ I 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 to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property 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, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers, and representatives from personal -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 shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business 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 least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. Section 14.2 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 amount equal to the :full replacement cost of each Home and all fixtures and improvements located thereon, With such reasonable deductibles and exclusions from coverage as the Board may from time to time approve or by rue 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 ofliability 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 1212110511:26 AM 50595067.s _ -28..: Owner pursuant to Section 6.24 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 as 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 with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 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 Declarant, 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): Cam West Shamrock Heights LLC c/o CamWest Development, Inc. 9720 NE 120th Place, Suite 100 Kirkland, Washington 98034 15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from 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 after the Board has received actual notice of such Owner's purchase of a Lot. Section 15.2 Conveyance: Notice Required~ The right of an Owner 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 assessments 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 11121105 11:26 AM 50595067.5 -29- I Declarant, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the Member. Section "1 S.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 lS.S Mortgagee's Acceptance. lS.S.l 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. lS.S.2 Declarant shall not consummate the conveyance of title of any Lot until the Mortgagee of the Lot shall have accepted the provisions of this Declaration and made appropriate 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 subject to its Mortgage as well as its acknowledgment that such appropriate arrangements for partial release of Lots has been made; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire property. Section lS.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section IS.7 C·onstruction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation. and maintenance of the Properties. Section lS.8 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof Section IS.9 Effective Date. The Declaration shall take effect upon recording .. DECLARANT: 1212110511:26AM SOS95067.s CAMWEST SHAMROCK HEIGHTS LLC, a Washington limited liability company By CAMWEST DEVELOPMENT, INC., a Managin Mem er -30- STATE OF WASHINGTON . ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that 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 was authorized to execute the instrument and acknowledged it as the President of CAMWEST DEVELOPMENT, INC., a corporation, the managing member ofCAMWEST SHAMROCK HEIGHTS LLC, a Washington limited liability company, to be the free and voluntary act of such entities for the uses and purposes mentioned in the instrument. Dated this?"', stay of~P~FG~PW1~.uf><!!..lf?t-.=-P=<----" 2005. 12flIl0511:26AM 50595067.5 ~~~ (Si e f otary) &4tlA-:r &LArr~ (Legibly Print Or Stamp Name of Notary) Notary public in and for the state of Washington, residing at gJ?bMDtJ P, wA My appointment expires 2. -2...&":-D~ -31 - EXHIDITA Legal Description of County Shamrock Heights Property: Lots 1-118 Formerly described as: PARCELC: THE NORTH ~ OF THE NORTH ~ OF THE SOUTH ~ OF THE NORTH ~ OF THE EASE ~ OF THE SOUTHEAST y,. OF SECTION 10, TOWNSIDP 23 NORTH, RANGE 5 EASTW.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; EXCEPT THAT PORTION THEREOF FOR 148m AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELD: THE SOUTH ~ OF THE NORTH ~ OF THE SOUTH ~ OF THE NOR1H ~ OF THE . EAST ~ OF THE SOUTHEAST y,. OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EASTW.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELE: THE WEST 794 FEET OF THE SOUTH ~ OF THE SOUTH ~ OF THE NORTHEAST y,. OF THE SOUTHEAST y,. OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351. PARCELF: THE SOUTH ~ OF THE SOUTH ~ OF THE NORTHEAST y,. OF THE SOUTHEAST y,. OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; 12f211051126AM S059S06'7.5 AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELG: THE NORTH HALF OF THE NORTHEAST ~ OF THE SOUTHEAST ~ OF THE SOUTIIEAST ~ OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 W.M.; EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148m AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELH: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH ~ OF TIlE NORTHEAST ~ OF THE SOUTIIEAST ~ OF THE SOUTHEAST ~ OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 W.M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELl: THAT PORTION OF THE SOUTH ~ OF THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ~ ; THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH ~, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°20'44" WEST, 216.94 FEET; THENCE SOUTH 00°15'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH Yl, 329.36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH ~, 266.94 FEET TO TIlE SOUTIIEAST CORNER THEREOF; THENCE NORTH 00°15'25" EAST ALONG THE EAST LINE OF SAID SOUTH ~, 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; 12121105 11:26 AM S0595067.5 I THENCE NORm 88°20'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH Y2, 50 FEET; THENCE NORm 00°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH Y2, 16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASIDNGTON. PARCELJ: TIlE SOUTH Y2 OF THE NORTH Y2 OF THE NORTHEAST ~ OF THE SOUTHEAST ~ OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE NORm 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCELK: THE NORm 16 FEET OF THE SOUTH Y2 OF TIlE NORTHEAST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ¥.J OF SECTION 10, TOWNSHIP 23 NORm, RANGE 5 EAST, W.M.; EXCEPT mAT PORTION THEREOF FOR 148m AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASIDNGTON. PARCELL: THE NORm 16 FEET OF THE EAST 50 FEET OF THE SOUTH Y2 OF THE NORTHWEST ~ OF THE SOUTHEAST ¥.J OF THE SOUTHEAST ¥.J OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; . SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 12121105 11:26 AM 50595067.5 • EXHIBITB Legal Description of City Shamrock Heights Property PARCEL A: THE EAST Yz OF THE SOUTHWEST 'l4 OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 'l4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCELB: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST Yz OF THE SOUTHWEST V4 OF THE SOUTHEAST V4 OF THE SOUTHEAST V4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 12!2110511:26AM 50595067.5 • EXHIBITC Common Areas COUNTY SHAMROCK HEIGHTS PLAT TractB TractE TractF TractG TractH Tract I TractK TractL TractO . TractS TractT TractY Easement Lot 21 Recreation, open space and drainage Sensitive area Sensitive area Open space and drainage Sensitive area Open space and access to Tract H Open space and drainage Sensitive area Open space and drainage Open space and drainage Storm detention Private road Entry monument, landscaping and fencing CITY SHAMROCK HEIGHTS PLAT TractE TractR 12121105 11:26 AM 5OS9S067.s Native growth protection area Drainage and utilities Kathy Keolker-Wheeler, Mayor December 29,2005 c.Gary Schulz 7700 South Lak~ridge Drive Seattle, WA 98178-3135 • CITY. RENTON PlanningIBuildinglPublic Works Department. Gregg ZiinmermanP.E., Administrator Subject: Fall 2005 2nd Quarterly Performance Standard Monitoring Review Shamrock Heights II Final Plat . City of Renton File No; LUA04-148 Dear Mr. Schulz: W ehave received and reviewed your SuInmary for the. Fall 2005 Quarterly Performance Monitoring of the wetland mitigation for ShamrocK Heights iI. The performance standards (as' determined by the baseline report) must be mamtained for.a minimum of five years to assure the survival/performariceofthe enhanced wetland buffer. . The performance of the buffer enhancement appears satisfactory. We . look forward to receiving your third (winter)quarteqeport. If you have any questions regarding this letter, please contact Laureen Nicolay at425-430-7294 . or myself at 425430-7233. Sincerely, .~ /~./ ' ...... . . Jf. R.~,Pr. .' .. ' ... . DerekR. jordan Development Services Division cc: File No. LUA04-148 Sara Slatten,Cam West Development Jennifer Henning Laureen Nicolay ~---~--:-:10:-::5:-5-=S~ou-t:-h-=G-ra-d-y-::-::W;-a-y--=-R-en-to-n-, =W;=-as--::-h-:-in-g-to-n-:9:-::8--:-05=-5-~~---~ * This paper contains 50% recYcled'material. 30"10 poSt ~nsurrier AHEAD OF THE CURVE , / ~\ c. Gary Schulz December 28, 2005 Ms. Jennifer Henning Senior Planner City of Renton -Planning 1055 South Grady Way Renton, WA 98055 e CITY OF RENTON RECEIVED UtC 282005 BUILDINO DIVISION Re: Shamrock Subdivision -City of Renton: • Lv 1\ c': .-::-.~~.~ 0'1-1'-\ Y WetlandiForest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 206/772-6514,425/235-4338 Fax Wetland Buffer Enhancement -Quarterly Monitoring. Dear Ms. Slatten: Per the City's requirements, this letter provides a monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. The subject property is approximately 4.6 acres and is located on the north side ofS.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer was planted with 12 native, conifer trees directly adjacent to Lot 10 in July 2005. A compliance monitoring inspection was conducted on July 19,2005 and included a letter report (Schulz 7122/05). Per the City's requirements for this plat, a quarterly inspection was conducted on December 9, 2005. Attached to this letter report are representative photographs of the planted trees and buffer area taken during the inspection. The list below provides my observations of the buffer enhancement and trees. 1) All 12 trees (7 Douglas fir & 5 Western red cedar) appear healthy without damage or signs of disease or infestation. 2) Blackberry shrub cover around the new trees is minimal and does not require any maintenance at this time. 3) Natural regeneration of Douglas fir trees is evident with several saplings growing in the buffer. These trees were present prior to the buffer enhancement but now appear to benefit from the site clearing and preparation. If there are any questions or concerns regarding this inspection report or you require additional site-specific data, please feel free to contact me. C,4~~ ." SincQ;" ~" C. Gary Sc16lIz WetlandiF orest Ecologis bear4all@Yahoo.com cc: Ms. Sara Slatten, Cam West Development • • Attachment A SHAMROCK -RENTON WETLAND BUFFER ENHANCEMENT Attachment B SHAMROCK- BUFFER . , ., map check -shamrock heights ii.txt MAP CHECK-SHAMROCK HEIGHTS II.TXT 11/18/05 Parcel name: RENTON TOTAL North: 509051..4523 East: 1644067.7813 Line Course: N 88-21-07 W Length: 330.34 North: 509060.9528 East: 1643737.5779 Line Course: N 00-14-22 E Length: 616.72 North: 509677.6675 East: 1643740.1553 Line Course: S 88-20-50 E Length: 330.53 North: 509668.1342 East: 1644070.5478 Line Course: S 00-15-26 W Length: 616.69 North: 509051.4504 East: 1644067.7792 Perimeter: 1894.28 Area: 203,720 4.68 :Mapcheck Closure -(Uses listed courses, radii, and deltas~ 'Error Closure: 0.0028 Course: S 48-08-59 W Error North: -0.00187 East: -0.00208 . Precision 1: 676,528.57 Parcel name: RENTON ROW 101805 North: 509256.2875 East: 1643932.6998 Line Course: N 00-15-26 E Length: 139.40 North: 509395.6861 East: 1643933.3256 Line Course: N 00-15-26 E Length: 87.15 North: 509482.8352 East: 1643933.7169 Curve Length: 54.13 Radius: 35.00 C"" ~-: -'-"-'-·1 R EC E'fVE 0 Delta: 88-36-33 Tangent: 34.16 Chord: 48.89 Course: N 44-02-50 W NOV 2 ~ 2005 Course In: N 89-44-34 W Course Out: N 01-38-53 E RP North: 509482.9923 East: 1643898.7172 CUSTOMER SERVICr: End North: 509517.9779 East: 1643899.7238 Line Course: N 88-21-07 W Length: 39.86 North: 509519.1242 East: 1643859.8803 Line Course: N 88-21-07 W Length: 5.48 North: 509519.2818 East: 1643854.4026 Curve. Length: 49.06 Radius: 479.00 Delta: 5-52-08 Tangent: 24.55 Chord: 49.04 Course: S 88-42-49 W Course In: S 01-38-53 W Course Out: N 04-13-15 W RP North: 509040.4800 East: 1643840.6265 End North: 509518.1808 East: 1643805.3717 Curve Length: 5.51 Radius: 521.00 Delta: 0-36-21 Tangent: 2.75 Chord: 5.51 Course: S 86-04-55 W Course In: N 04-13-15 W Course Out: S 03-36-54 E RP North: 510037.7678 East: 1643767.0257 Page 1 , map check -shamrock heights ii.txt End North: 509517.8044 East: 1643799.8757 Curve Length: 43.04 Radius: 521.00 Delta: 4-44-00 Tangent: 21.53 Chord: 43.03 Course: S 88-45-06 W Course In: N 03-36-54 W Course Out: S 01-07-06 W RP North: 510037.7678 East: 1643767.0257 End North: 509516.8670 East: 1643756.8571 Line Course: N 88-52-54 W Length: 17.37 North: 509517.2060 East: 1643739.4905 Line Course: N 00-14~22 E Length: 42.00 North: 509559.2056 East: 1643739.6660 Line Course: S 88-52-54 E Length: 18.01 North: 509558.8541 East: 1643757.6725 Curve Length: 44.64 Radius: 479.00 Delta: 5-20-21 Tangent: 22.33 Chord: 44.62 Course: N 88-26-55 E Course In: N 01-07-06 E Course Out: S 04-13-15 E RP North: 510037.7629 East: 1643767.0214 End North: 509560.0621 East: 1643802.2762 Curve Length: 20.02 Radius: 521.00 Delta: 2-12-06 ~-Tangent: 10.01 Chord: 20.02 Course: N 86-52-48 E Course In: S 04-13-15 E Course Out: N 02-01-09 W RP North: 509040.4751 East: 1643840.6222 End North: 509561.1516 East: 1643822.2654 Curve Length: 33.35 Radius: 521.00 Delta: 3-40-02 Tangent: 16.68 Chord: 33.34 Course: N 89-48-52 E Course In: S 02-01-09 E Course Out: N 01-38-53 E RP North: 509040.4751 East: 1643840.6222 End North: 509561.2596 East: 1643855.6062 Line Course: S 88-21-07 E Length: 44.67 North: 509559.9749 East: 1643900.2577 Curve Length: 52.64 Radius: 33.00 Delta: 91-23-27 Tangent: 33.81 Chord: 47.23 Course: N 45-57-10 E Course In: N 01-38-53 E Course Out: S 89-44-34 E RP North: 509592.9612 East: 1643901.2068 End North: 509592.8131 East: 1643934.2064 Line Course: N 00-15-26 E Length: 38.00 North: 509630.8127 East: 1643934.3770 Line Course: N 00-15-26 E Length: 41.25 North: 509672.0623 East: 1643934.5622 Line Course: S 88-20-50 E Length: 42.01 North: 509670.8506 East: 1643976.5547 Line Course: S 00-15-26 W Length: 78.90 North: 509591.9514 East: 1643976.2005 Curve Length: 54.13 Radius: 35.00 Delta: 88-36-33 Tangent: 34.16 Chord: 48.89 Course: S 44-02-50 E Course In: S 89-44-34 E Course Out: S 01-38-53 W RP North: 509591.7943 East: 1644011.2002 End North: 509556.8088 East: 1644010.1936 Line Course: S 88-21-07 E Length: 59.87 North: 509555.0869 East: 1644070.0388 Line Course: S 00-15-26 W Length: 42.01 Page 2 map check -shamrock heights ii.txt North: 5095:13.0773 East: 1644069.8502 Line Course: N 88-21-07 W Length: 60.22 North: 509514.8093 East: 1644009.6551 Curve Length: 52.64 Radius: 33.00 Delta: 91-23-27 Tangent: 33.81 Chord: 47.23 Course: S 45-57-10 W Course In: S 01-38-53 W Course Out: N 89-44-34 W RP North: 509481.8229 East: 1644008.7060 End North: 509481.9711 East: 1643975.7064 Line Course: S 00-15-26 W Length: 49.84 North: 509432.1316 East: 1643975.4826 Line Course: S 00-15-26 W Length: 48.14 North: 509383.9920 East: 1643975.2665 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 44-44-34 E Course In: S 89-44-34 E Course Out: S 00-15-26 W RP North: 509383.8798 East: 1644000.2662 End North: 509358.8801 East: 1644000.1540 Line Course: S 89-44-34 E Length: 9.00 North: 509358.8397 East: 1644009.1539 Line Course: S 00-15-26 W Length: 13.00 North: 509345.8398 East: 1644009.0956 Line Course: S 00-15-26 W Length: 13.00 North: 509332.8399 East: 1644009.0372 Line Course: N 89-44-34 W Length: 9.00 North: 509332.8803 East: 1644000.0373 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 45-15-26 W Course In: S 00-15-26 W ' Course Out: N 89-44-34 W RP North: 509307.8806 East: 1643999.9251 End North: 509307.9928 East: 1643974.9253 Line Course: S 00-15-26 W Length: 52.22 North: 509255.7733 East: 1643974.6909 Line Course: N 89-17-06 W Length: 42.00 North: 509256.2974 East: 1643932.6941 Perimeter: 1480.10 Area: 31,710 0.73 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0114 Course: N 29-33-44 W Error North: 0.00996 East: -0.00565 Precision 1: 129,833.33 Parcel name: RENTON LOT 1 North: 509430.9550 East: 1644069.4856 Line Course: N 89-17-06 W Length: 94.00 North: 509432.1280 East: 1643975.4929 Line Course: N 00-15-26 E Length: 49.84 North: 509481.9675 East: 1643975.7166 Curve Length: 52.64 Radius: 33.00 Delta: 91-23-27 Tangent: 33.81 Page 3 ~I map check -shamrock heights ii.txt Chord: 47.23 Course: N 45-57-10 E Course In: S 89-44-34 E Course Out: N 01-38-53 E RP North: 509481.8194 East: 1644008.7163 End North: 509514.8057 East: 1644009.6654 Line Course: S 88-21-07 E Length: 60.22 North: 509513.0738 East: 1644069.8605 Line Course: S 00-15-26 W Length: 82.12 North: 509430.9546 East: 1644069.4918 Perimeter: 338.82 Area: 7,544 0.17 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0063 Course: S 86-21-09 E Error North: -0.00040 East: 0.00624 Precision 1: 53,780.95 Parcel name: RENTON LOT 2-101805 North: 509430.9550 East: 1644069.4856 Line Course: S 00-15-26 W Length: 85.87 North: 509345.0859 East: 1644069.1001 Line Course: N 89-17-06 W Length: 60.00 North: 509345.8346 East: 1644009.1047 Line Course: N 00-15-26 E Length: 13.00 North: 509358.8345 East: 1644009.1631 Line Course: N 89-44-34 W Length: 9.00 North: 509358.8749 East: 1644000.1632 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 44-44-34 W Course In: N 00-15-26 E Course Out: N 89-44-34 W RP North: 509383.8746 East: 1644000.2754 End North: 509383.9869 East: 1643975.2757 Line Course: N 00-15-26 E Length: 48.14 North: 509432.1264 ' East: 1643975.4918 Line Course: S 89-17-06 E Length: 94.00 North: 509430.9534 East: 1644069.4845 Perimeter: 349.29 Area: 7,500 0.17 , Mapcheck Closure -(Uses listed courses, radii, and deltas) . Error Closure: 0.0020 Course: S 33-37-24 W Error North: -0.00164 East: -0.00109 Precision 1: 174,640.00 Parcel name: RENTON LOT 3-101805 North: 509345.0838 East: 1644069.0999 Line Course: S 00-15-26 W Length: 90.49 North: 509254.5947 East: 1644068.6937 Page 4 ." map check -shamrock heights iLtxt Line Course: N 89-17-06 W Length: 94.00 North: 509255.7677 East: 1643974.7010 Line Course: N 00-15-26 E Length: 52.22 North: 509307.9872 East: 1643974.9354 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 45-15-26 E Course In: S 89-44-34 E Course Out: N 00-15-26 E RP North: 509307.8749 East: 1643999.9352 End North: 509332.8747 East: 1644000.0474 Line Course: S 89-44-34 E Length.: 9.00 North: 509332.8343 East: 1644009.0473 Line Course: N 00-15-26 E Length: 13.00 North: 509345.8342 East: 1644009.1057 Line Course: S 89-17-06 E Length: 60.00 North: 509345.0854 East: 1644069.1010 Perimeter: 357.99 Area: 7,926 0.18 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0020 Course: N 33-37-24 E Error North: 0.00164 East: 0.00109 Precision 1: 178,990.00 Parcel name: RENTON LOT 4 North: 509256.2875 East: 1643932.6998 Line Course: N 89-17-06 W Length: 74.00 North: 509257.2109 East: 1643858.7056 Line Course: N 00-15-26 E Length: 139.40 North: 509396.6095 East: 1643859.3314 Line Course: S 89-17-06 E Length: 74.00 North: 509395.6861 East: 1643933.3256 Line Course: S 00-15-26 W Length: 139.40 North: 509256.2875 East: 1643932.6998 Perimeter: 426.80 Area: 10,315 0.24 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 426,800,000.00 Parcel name: RENTON LOT 5 North: 509257.2108 East: 1643858.7032 Line Course: N 89-17-06 W Length: 60.00 North: 509257.9595 East: 1643798.7079 Line Course: N 00-15-26 E Length: 139.40 North: 509397.3581 East: 1643799.3337 Page 5 • map check -shamrock heights ii.txt Line Course: S 89-17-06 E Length: 60.00 North: 509396.6094 East :.1643859.3290 Line Course: S 00-15-26 W Length: 139.40 North: 509257.2108 East: 1643858.7032 Perimeter: 398.80 Area: 8,364 0.19 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 398,800,000.00 Parcel name: RENTON LOT 6 North: 509257.9595 East: 1643798.7060 Line Course: N 89-17-06 W Length: 60.30 North: 509258.7119 East: 1643738.4106 Line Course: N 00-14-22 E Length: 139.40 North: 509398.1107 East; 1643738.9932 Line Course: S 89-17-06 E Length: 60.35 North: 509397.3576 East: 1643799.3385 Line Course: S 00-15-26 W Length: 139.40 North: 509257.9590 East: 1643798.7127 Perimeter: 399.44 Area: 8,409 0.19 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0068 Course: S 86-17-48 E Error North: -0.00044 East: 0.00674 Precision 1: 58,742.65 Parcel name: RENTON LOT 7 North: 509397.3557 East: 1643799.3319 Line Course: N 89-17-06 W Length: 60.35 North: 509398.1088 East: 1643738.9866 Line Course: N 00-14-22 E Length: 119.09 North: 509517.1978 East: 1643739.4843 Line Course: S 88-52-54 E Length: 17.37 North: 509516.8587 East: 1643756.8510 Curve Length: 43.04 Radius: 521.00 Delta: 4-44-00 Tangent: 21.53 Chord: 43.03 Course: N 88-45-06 E Course In: N 01-07-06 E Course Out: S 03-36-54 E RP North: 510037.7595 East: 1643767.0196 End North: 509517.7962 East: 1643799.8696 Line Course: S 00-15-26 W Length: 120.44 North: 509397.3574 East: 1643799.3289 Perimeter: 360.29 Area: 7,201 0.17 Page 6 map check -shamrock heights ii.txt Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0035 Course: N 61-38-30 W Error North: 0.00167 East: -0.00309 Precision 1: 102,940.00 Parcel name: RENTON LOT 8 North: 509396.6071 East: 1643859.3292 Line Course: N 89-17-06 W Length: 60.00 North: 509397.3558 East: 1643799.3339 Line Course: N 00-15-26 E Length: 120.44 North: 509517.7946 East: 1643799.8746 Curve Length: 5.51 Radius: 521.00 Delta: 0-36-21 Tangent: 2.75 Chord: 5.51 Course: N 86-04-55 E Course In: N 03-36-54 W Course Out: S 04-13-15 E ." RP North: 510037.7579 East: 1643767.0246 ~ End North: 509518.1710 East: 1643805.3706 Curve Length: 49.06 Radius: 479.00 Delta: 5-52-08 Tangent: 24.55 Chord: 49.04 Course: N 88-42-49 E Course In: S 04-13-15 E Course Out: N 01-38-53 E RP North: 509040.4701 East: 1643840.6254 End North: 509519.2720 East: 1643854.4015 Line Course: S 88-21-07 E Length: 5.48 North: 509519.1144 East: 1643859.8792 Line Course: S 00-15-26 W Length: 122.51 North: 509396.6056 East: 1643859.3292 Perimeter: 363.01 Area: 7,324 0.17 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0014 Course: S 00-10-12 E Error North: -0.00144 East: 0.00000 Precision 1: 259,285.71 Parcel name: RENTON LOT 9 North: 509395.6837 East: 1643933.3258 Line Course: N 89-17-06 W Length: 74.00 . North: 509396.6072 East: 1643859.3316 Line Course: N 00-15-26 E Length: 122.51 North: 509519.1159 East: 1643859.8815 Line Course: S 88-21-07 E Length: 39.86 North: 509517.9696 East: 1643899.7251 Curve Length: 54.13' Radius: 35.00 Delta: 88-36-33 Tangent: 34.16 Chord: 48.89 Course: S 44-02-50 E Course In: S 01-38-53 W Course Out: S 89-44-34 E Page 7 RP North: 509482.9840 End North: 509482.8269 Line Course: S 00-15-26 W North: 509395.6778 map check -shamrock heights ii.txt East: 1643898.7185 East: 1643933.7181 Length: 87.15 East: 1643933.3269 Perimeter: 377.65 Area: 8,773 0.20 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0060 Course: S 10-07-59 E Error North: .~0.00595 East: 0.00106 Precision 1: 62,941.67 Parcel name: RENTON LOT 10 101805 North: 509630.8114 East: 1643934.3817 Line Course: S 00-15-26 W Length: 38.00 North: 509592.8118 East: 1643934.2111 Curve Length: 52.64 Radius: 33.00 Delta: 91-23-27 Tangent: 33.81 Chord: 47.23 Course: S 45-57-10 W Course In: N 89-44-34 W Course Out: S 01-38-53 W RP North: 509592.9599 East: 1643901.2114 End North: 509559.9736 East: 1643900.2623 Line Course: N 88-21-07 W Length: 44.67 North: 509561.2583 East: 1643855.6108 Curve Length: 33.35 Radius: 521.00 Delta: 3-40-02 Tangent: 16.68 Chord: 33.34 Course: S 89-48-52 W Course In: S 01-38-53 W Course Out: N 02-01-09 W RP North: 509040.4738 East: 1643840.6268 End North: 509561.1503 East: 1643822.2700 Line Course: N 00-15-26 E Length: 70.16 North: 509631.3096 East: 1643822.5850 Line Course: S 89-44-34 E Length: 111.80 North: 509630.8077 East: 1643934.3839 Perimeter: 350.62 Area: 7,641 0.18 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0043 Course: S 30-36-18 E Error North: ~~0.00370 East: 0.00219 Precision 1: 81,539.53 Parcel name: RENTON LOT 11 North: 509555.0887 East: 1644070.0430 Line Course: N 88-21-07 W Length: 59.87 North: 509556.8106 East: 1644010.1978 Curve Length: 54.13 Radius: 35.00 Delta: 88-36-33 Tangent: 34.16 Page 8 • map check -shamrock heights ii.txt Chord: 48.89 Course: N 44-02-50 W Course In: N 01-38-53 E Course Out: N 89-44-34 W RP North: 509591.7961 East: 1644011.2044 End North: 509591.9532 East: 1643976.2047 Line Course: N 00-15-26 E Length: 78.90 North: 509670.8524 East: 1643976.5589 Line Course: S 88-20-50 E Length: 94.03 North: 509668.1404 East: 1644070.5498 Line Course: S 00-15-26 W Length: 113.05 North: 509555.0915 East: 1644070.0423 Perimeter: 399.97 Area: 10,379 0.24 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0029 Course: N 14-14-10 W Error North: 0.00280 East: -0.00071 Precision 1: 137,924.14 Parcel name: RENTON TRACT E 111805 North: 509677.6710 East: 1643740.1586 Line Course: S 88-20-50 E Length: 194.49 North: 509672.0615 East: 1643934.5677 Line Course: S 00-15-26 W Length: 41.25 North: 509630.8119 East: 1643934.3825 Line Course: N 89-44-34 W Length: 111.80 North: 509631.3138 East: 1643822.5836 Line Course: S 00-15-26 W Length: 70.16 North: 509561 .1545 East: 1643822.2686 Curve Length: 20.02 Radius: 521.00 Delta: 2-12-06 Tangent: 10.01 Chord: 20.02 Course: S 86-52-48 W Course In: S 02-01-09 E Course Out: N 04-13-15 W RP North: 509040.4780 East: 1643840.6254 End North: 509560.0649 East: 1643802.2794 Curve Length: 44.64 Radius: 479.00 Delta: 5-20-21 Tangent: 22.33 Chord: 44.62 Course:S 88-26-55 W Course In: N 04-13-15 W Course Out: S 01-07-06 W RP North: 510037.7658 East: 1643767.0246 End North: 509558.8570 East: 1643757.6758 Line Course: N 88-52-54 W Length: 18.01 North: 509559.2085 East: 1643739.6692 Line Course: N 00-14-22 E Length~ 118.47 North: 509677.6775 East: 1643740.1643 Perimeter: 618.84 Area: 14,431 0.33 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0087 Course: N 41-42-23 E Error North: 0.00646 East: 0.00576 Precision 1: 71,131.03 Page 9 " -' map check -shamrock heights ii.txt Parcel name: RENTON TRACT R North: 509060.9520 East: 1643737.5823 Line Course: N 00-14-22 E Length: 197.76 North: 509258.7103 East: 1643738.4087 Line Course: S 89-17-06 E Length: 330.31 North: 509254.5884 East: 1644068.6930 Line Course: S 00-15-26 W Length: 203.14 North: 509051 .4504 East: 1644067.7810 Line Course: N 88-21-07 W Length: 330.34 North: 509060.9510 East: 1643737.5777 Perimeter: 1061.55 Area: 66,203 1.52 Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0047 Course: S 78-12-14 W Error North: -0.00096 East: -0.00459 -Precision 1: 225,861.70 Page 10 I - t, / ..... DATE: TO: FROM: SUBJECT: ·e CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM November 30, 2005 Bob Mac Onie Sonja Fesser, Technical Services Juliana Fries, X 7278 SHAMROCK HEIGHTS 11-FINAL PLAT LUA 04-148 FP NE 4TH STREET FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Mapping Coordinator Approval: 1z/s/05 Name tie Date cc: YeIJow File DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM November 29, 2005 Juliana Fries Sonja J. Fesser~ Shamrock Heights II Plat, LUA-04-148-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Two additidnal items (Nos."26"and "27") have been added to the "GENERAL NOTES" block on Sheet 2 of 4. Both items are referenced as "KING COUNTY" easements. Are said easements for the proposed plat (Shamrock Heights I, in King County) just north of the subject plat? Name the benefactor of said easements. Make it clear on the plat drawing (Sheet 4 of 4) that the above-mentioned easements are not to the City of Renton. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-lO -Plats\0413\RV051128.doc Printed: 12-21-2005 Payment Made: 4l:ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA04-148 12/21/200512:32 PM Receipt Number: Total Payment: 19,101.61 Payee: SHAMROCK HEIGHTS Current Payment Made to the Following Items: Trans Account Code 3021 303.000.00.345.85 5045 304.000.00.345.85 5050 305.000.00.344.85 Payments made for this receipt Description Park Mitigation Fee Fire Mitigation-SFR Traffic Mitigation Fee Trans Method Description Amount Payment Check 5907 19,101.61 Account Balances Amount 5,838.36 5,368.00 7,895.25 Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 5017 000.345.81.00.0014 5018 000.345.81.00.0015 5019 000.345.81.00.0016 5020 000.345.81.00.0017 5021 000.345.81.00.0018 5022 000.345.81.00.0019 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5045 304.000.00.345.85 5050 305.000.00.344.85 5909 000.341.60.00.0024 5941 000.341.50.00.0000 5954 604.237.00.00.0000 5955 000.05.519.90.42.1 5998 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Fire Mitigation-SFR Traffic Mitigation Fee Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0506840 Remaining Balance Due: $0.00 From: To: Date: Subject: Corey W Thomas Fries, Juliana; mdunn@camwest.com 08/26/20053:18:58 PM Re: Shamrock -Fire Dept walk-through An inspection today showed all fire department items have been completed. >>> Juliana Fries 08/25/05 9:51 AM »> Hi Monte, Corey Thomas (Fire Dept) went for a walk-through for Shamrock. He also needs to sign off the project before we can record the plat. He told me that the site is blocked with a fence. If you could please let us know when you will have the site accessible would be super. Thanks Juliana cc: sslatten@camwest.com From: To: Date: Subject: Juliana, Jennifer Henning Fries, Juliana 11/29/20059:30:53 AM Shamrock Plat I've received the wetland mitigation plans and verification of planting that I needed. If you have received the surety devices (set-asides) for the wetland monitoring ... please show them to Laureen. I'm satisfied with the materials that Sara has provided, and am willing to sign off. Jennifer Toth Henning, AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425) 430-7286 ph (425) 430-7300 fax jhenning@ci.renton.wa.us From: To: Date: Subject: Laureen Nicolay Henning, Jennifer 11/29/2005 10:55:26 AM Fwd: RE: Shamrock Heights Plat Yes, I just put the original wetland monitoring "aSSignment of funds" in Amber's in-basket. Amber is out of the office today, but Marilyn says they can take care of logging it in and sending it to Finance when Amber returns. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton W A 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@ci.renton.wa.us >>> Jennifer Henning 11/29/059:27:19 AM »> Laureen, Looks like Sara submitted these to Juliana. Jennifer Toth Henning, AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425) 430-7286 ph (425) 430-7300 fax jhenning@ci.renton.wa.us >>> "Sara Slatten" <sslatten@camwest.com> 11/28/05 1: 18 PM »> Juliana, I wanted to confirm if you have received the bond and the two set aside letters for Shamrock? The wetland mitigation items, requested by Jennifer Henning, were submitted to her today within the last 45 minutes. Thanks, Sara -----Original Message----- From: Juliana Fries [mailto:jfries@ci.renton.wa.us] Sent: Monday, November 21, 2005 2:17 PM To: Sara Slatten; Kayren Kittrick Cc: Monte Dunn Subject: Re: Shamrock Heights Plat Hi Sara/Kayren, I could not find any approval for the gate on NE 4th ct. Sara, I faxed you a copy of the letter that was sent to Keith Fraser on May 11, 2004 regarding this issue. Since I could not find any approval, there should NOT be any gate installed, since there is a liability to the City in having public ROW gated. '. Juliana »> Kayren Kittrick 11/21/05 1 :20 PM >>> Sara: We don't really have a particular design that is standardized throughout the city. That said, the gate must have 20-feet of clearance from support post to post and be constructed of durable, preferably metal, materials and painted to be visible. Signage is also required stating "Emergency Access Only" or somesuch on both sides. The lock must be accessible to bolt cutters, as that is the means the fire department will use to go through the gate at need. I am sure that Juliana can find examples for this type of installation and will share them with you. If you need a meeting with the fire department for any reason, please coordinate through Juliana. Hope this helps. Kayren Kittrick Development Engineering Supervisor Public Works Inspections & Permits 425-430-7299 »> "Sara Slatten" <sslatten@camwest.com> 11/21/05 11 :02 AM »> Kayren, Back in 2004 when we were in the plat hearing for our Shamrock Heights plat we reached a resolution with the neighboring Morgan Plat property owners to the east. They were concerned about added cut through traffic w/in the their plat and the resolution was for CamWest to install a gate/barricade at NE 4th court where our newly installed street connected to theirs. The intent was to direct our plat traffic west to the signalized Jericho intersection. We're ready to install the gate now as we're close to recording the plat. I re-reviewed the Hearing Examiners conditions to determine what guidance was provided about the gate type and could not find anything. I'm not sure if anything was formally decided on gate style / type. Assuming it was not, can you provide us w/ the city's preferred spec or any requirements the city may h~~ . Thanks, Sara Slatten CamWest Development (425) 825-1955; phone (425) 825-1565; fax www.camwest.com «SDOC2203.pdf» cc: Fries, Juliana; Hoffman, Amber; Kamcheff, Marilyn d ~ I --1 ~;:i t-~, .~~ . ~ I ~ &~ / f f (-I ~j \ f f f I f f f I f f i (-f f f f (-f (-f f (- (-(- I From: To: Date: Subject: Jennifer Henning Fries, Juliana; Slatten, Sara 11/08/20059:01 :29 AM Shamrock, Lot 10 Hi Sara and Juliana, Thanks for all the effort you've made in getting to a solution on the dimensions for Lot 10 within Shamrock. I've reviewed the most recent submittal, and need to ask for a revision to meet both the Examiner's Decision and Recommendation plus the Code requirements. Please revise the rear lot line so that it intersects with the interior side lot line. This will result in a lot width of 70 feet, which is the minimum allowed. The encroachment into the wetland buffer will still be less than what was shown at the hearing, and meets the intent of the Examiner'S recommendation. We will want a split rail fence denoting the wetland buffer, and a Native Growth Protection Easement over Lot 10 (for buffer and wetland) to prevent the building envelope from encroaching into the buffer. Jennifer Toth Henning, AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425) 430-7286 ph (425) 430-7300 fax jhenning@cLrenton.wa.us •• August 22, 2005 Sara Slatten CamWest Real Estate Development, Inc. 9720 NE 120th Place, Suite 100 Kirkland, W A 98034 RE: Shamrock Heights II Monuments Triad Job No. 01-159 Dear Sara: 12112 115m Avenue NE Kirkland. WA 98034·6923 425.821.8448 425.821.3481 fax 800.488.0756 (011 free WWW.triaoassoc.com During April of 2005 surveyors under my direct supervision set the permanent street centerline monuments depicted in the as yet unrecorded plat Shamrock Heights II, and prepared the City of Renton Monument Reference Cards for each. Also during April, 2005, surveyors under my direct supervision set the permanent lot corners and the curb plugs for the lots and tracts in said plat. Sincerely, TRIAD ASSOCIATES .~~ Nick A. Yinger~ /" Project Surveyor NAY/shk ~.... -, - ~ land Development Consultants • TRANSMITTAL OF FINANCIAL INSTRUMENT TO FINANCE DEPARTMENT December 1, 2005 TYPE OF INSTRUMENT: l. Project Name: 2. Applicant: 3. Dollar Amount: . 4. Purpose: 5. Required by: 6. Staff ContactlPhone: 7. Notify Staffby: 8. Expiration Date: 9 Key words for indexing: Attn: Norma K. Assignment of Funds (AOF) Shamrock Heights Plat II, LUA 04-030 Sara Slatten, Cam West Development Inc R ETCOe,EvE D DEC 022005 BUILDING DIVISION $75,375.00 & $50,250.00 Acct. No. 1703016 Off-site deferral for the final lift of asphalt & monument installation. Board of Public Works Linda or Judy Walter ext. 7394 or ext. 7204 February 16, 2006 Continuous Shamrock Hieghts Plat II, LUA 04-030 NE 4th St between Lyons Ave NE & Jericho Ave NE BPW02-0309 Please transmit only one (1) instrument per sheet. For releases, please provide a memo requesting release. Attach a copy of the transmittal sheet to facilitate locating the instrument. Please allow five (5) working days for release of an instrument. If you need it sooner, please specify on your memorandum how quickly you need the release. document3 , , .... ..: eQUAL HOUSING LENDER APPLICANT: Owner: Address: Phone: Fax: Attention: Title: CHARTER BANKM ASSIGNMENT OF FUNDS TO TIIE CITY OF RENTON Shamrock Highlands LLC Shamrock Highlands LLC 9720 NE 120th Place, Suite 100 Kirkland. W A 98034 425.825.1955 425.825.1565 Sara Slatten Proj eet Manager BANK: Cita tieL ~t Branch: :PSiJt.pUu.. e. Ad-'~T~C Phone: ~~~ Attention: /lfI Fax: J5=-~m-10 Title: -:;;;:?,~"=-:',{$Q1i~~t;=1 :;..:. =;:=::n~&?;---. The above referenced bank hereby certifies that Seventy Five Thousand TIrree Hundred Seventy Five and NollOO's dollars ($75,375.00) is on deposit in the account number 1703016 under the name of the City of Renton, to secure the applicant's performance of the following work requiied in connection with the plat or project described below. Plat or Project: Shamrock Heights IT Plat. LUA 04-030 Location I Address of Plat or Project: NE 4th Street between Lyons Ave NE and Jericho Ave NE RentoriWA The required work is generally descnbed as follows: Deferral for the final lift of asphalt and monument installation The bank hereby certifies and agrees that these funds will not be instructions from an authorized agent of the City of Renton (the City). funds will be paid to the City within 10 days of receiving written notice that the required work has not been properly performed. The bank evaluate the correctness or appropriateness of any such notice or de1:en:run not interplead or in any manner delay.payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its required work is not limite? to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the funds may not be assigned, pledged, used as security or otherwise made bank or a third party without the prior written consent of the City. ~. Authorized s~ Authorized ~ture. L.t2tc 4L. ~A.Ot< s: P6. Date Date Name, Title ClLjj' 0:2; BELLEVUE OFFICE TEL: 425-586-5000, FAX: 425-586-5010 KENT OFFICE TEL: 866-230-8500, FAX: 253-813-5926 REDMOND OFFICE TEL: 425-882-3535, FAX: 425-882-2484 SEATTLE OFFICE TEL: 206-774-5400, FAX: 206-'rl4-5407 www.charterbankwa.com , FDIC APPLICANT: Owner: Address: Phone: Fax: Attention: Title: CHARTER BANKM ASSIGNMENT OF FUNDS TO THE CITY OF RENTON C!hnueIT s ttel'YUlifX. HE Ibf/q frifuc: . II a.lo C-fI1n 1M:5'[ Branch: _~~ Addre$ §i !f{5 ~:~e __ _ _ Attention: Charter Bank ~--------------Bellevue._----:;:..--___________ _ 10885 N.E. 411I Street, Suite 100 Bellevue, W A 98004 __________ _ (425) 586-5000 _____ _ (425) 586-5010 _____ _ Lora Bender _______ _ Title: PA'] Sr. Personal Banker ---------- The above referenced bank hereby certifies that _ Fifty thousand two hundred fifty dollars ($_50,250.00---.J is on deposit in the account number #1703016 under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: Construction deferral of final asphalt lift and monument installation Location / Address of Plat or Project: Kitsap Avenue NE and NE 4th Court in Renton The required work is generally described as follows:--. . .•• ~L.:4' ~.~ , '. / -~~ile:,·;:~~···;:,..-':;:, .-- The bank. hereby certifies an? agrees that these f~ds WIll not be relea.;;.>_; .?>~.'M.,J,,\,:;r ~.: .• "."~1n./,,~r"'.'~ .. ~"~".j~A;J~.·.'~"ft::,. •. · '''L:-:.~' .. ' a~ aut~or:zed agent of the ~I~ of ~enton (t~e CIty). We. further agre· '-'r;'1)~ .4'q~~,~ CIty WIthm 10 days of receIvmg wntten notIce that the CIty has detennHuJF~. t~'1~ &~~t~~t!~ ~>·t'f'h, ~ been properly p~rformed. ~e b~nk shall hav~ no duty or righ~ to evalw! .... ;.: ~ .. ~. :~'3 rn."~~;~. ~i $;::".,;;:'-~Frcf,~1?:1"W; of any such notIce or determmatIon by the CIty and shall not mterplea~: '" r.n G,x:.'1/1'(.W< _':4r;~1' . said funds to the City. .. . The applicant hereby agrees to this assignment of funds and that its oblig)':' 'll t4': r":;rfi:;!f'~1rHhe -;.,14:. is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the b;JJ'Ik or ~ppii~. <h~~ fmlds !i1?tY not be assigned, pledged, used as security or otherwise made available to Ihe l:i.~lc;,u~ ~?~ "~l~ without the prior written consent of the City. Name, Ttle I I[ 2J /)~ EQUAL HOUSING LENDER Ba~ . d ." -.. --- L.z:LM_A eX Cx-.IO-",- Authorized Signature Lora L. Bender Sr. Personal Banker Name, Title Noveember 18,2005 ________ _ Date BELLEVUE omCE TEL: 425-586-5000, FAX: 425-586-5010 KENT omCE TEL: 866-230-8500, FAX: 253-813-5926 REDMOND omCE TEL: 425-882-3535, FAX: 425-882-2484 SEATTLE omCE TEL: 206-774-5400, FAX: 206-774-5407 www.charterbankwa.com FDIC I .. CITvtF RENTON· . Kathy Keolker-Wheeler, MaYQr August17, 2005 . . . Ms,· Sara Slatten Camwest . . .'. .' .' .'. Shamrock Highlands, LLC , " . 972.0 Northeast120t!'Place, Suitel 00 . KirkIand~ Washington 98034 SUBJECT:' OFF-SITE DEFERRAL . . 'c Board of Public Works . SHAMROCK IIEIGlrtsll PLAT;LUA04~030 .' ,., .. '. .'. NE 4TIi'STREET BETWEEN-LYONS AVENEAND JERICHO A vB NEi RENTON,WA .. '. ..•• . . . .' .' . '. . ..., . .', -. " . ',,-, rie~ Ms. Slatten:.,: ". . .-.. On.AU~~;J,2005, tI,~~o';J6lpubii2Wit~~J:"":'l'<iutstfgi~.iem.J forth~f';";lift··· .. ·· • ~f asphalt~d m.omiD1eiifinstanatioq:'The~'efen:alh~q~est)sforapeiio~of'seven months' Untit'.: . March~200(j:-Thee~imat~ Cost ofth6deferraLis i$50~250 .o6~",_<~. ." . . . .' .. ' -. '" ,:.; ".:' ," . . ' •.. I. . ;AHcbnsedsUrv~yorprovide~ a'lettert6,the Boardstatfug that allmonwnents will be , iilskiled"pnor .t~ ther~l~aseofth~dt!f~qal" .' '. . '. . , . ·2.:Th~·applitaDtprovides a~e~iJrity de'viceacceptable to th~ Board to coverdi~ defe~ed ..... item~ .. The'~ecurity device shaH be iirplaceprior to're~ordingof the plat. ThesecurltY : . . device shall cover 150% of the costs ofthe def~rred improvements: Estimatedcosfof . deferred items is $50;250~00. '. . .'. .... 3.. The 'appiicant modifies the catch basins to allowapproprlate water run-off drainage reducirig ponding priortotlie final lift of asphalt; : .... As pe~ Ordinance 4?21,Sectlon 4 -:-34 -14, you have fifte~n(l5) days from today's date to . . app~altheBoard's ~ecisicin. Appeals are to be filed in Writing, with the City Clerk and require a filingfeeintheam6untof$75.00. ." ,--.< ••• -;.." , ' "'. ~ .:".:: ------~-----lO-5-5-S~ou~ili~ .. ~G-ra-d-y-~~a-y-~-R-en-t-on-,-~-M-h-in-g-to-n~'-98-0~5-5~' -----------.~ .® This paper contains 50% recycled material. 30% post consumer AHEAD OF THE CURVE ••••••• -" ... SHAMROCK HEIGHTS II PLAT;LUA 04~030 August 17;2005 . . .. rage 2 6[2 You· may coritacOan Ulian, Engineering Specialist,at (425)430:::7216 if you haveariy qtiestions or need additional inforimttion.' .. . . . .. .... ... . .. . .. '.. ... .. '>:, Sinc.erely,.·· .. .' ...... / ... 'i!::""f::1J: ..... . '".:-.-, :,: . ~ ... "::," . ;1. .. ': ····~~ci;>rdirig $~cretal):/ "'. - ' .. ~ .. : . . '. I "'.' : " ~. .; .-, ~ '.;,:,':' .':, ......... -.'. :;, . ;~ ; . ..... " . . :; .. :"', ... , . .;' ' .. ": -: ~'. ., .... .,: . '.\ ,:;:,': " .",'.' ,. '.- c. Gary Schulz July 22, 2005 Ms. Sara Slatten Project Manager •• CamWest Development, Inc. 9720 N.E. 120th Place, Suite 100 Kirkland, W A 98034 Re: Shamrock Subdivision -City of Renton: • WetlandlForest Ecologist 7700 s. Lakeridge Drive Seattle, Washington 98178-3135 206/772-6514,425/235-4338 Fax CITY OF RENTON RECEIVED JUL 222005 BUI1.0ING DiVISION Wetland Buffer Enhancement -Compliance Monitoring. Dear Ms. Slatten: Per the City's requirements, this letter provides a compliance monitoring report of the wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. The subject property is approximately 4.6 acres and is located on the north side,ofS.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer enhancement is planting 12 native, conifer trees in the wetland buffer adjacent to Lot 10. A wetland buffer monitoring and maintenance plan (Schulz 7/2/05) was provided to detail the mitigation components. Per the Triad Associates landscape plan for the subdivision (Street Tree & Fencing Detail- Sheet I of 3, Triad Associates 2004), the planting locations for new trees were staked to assist the landscape contractor: After tree installation, the site was inspected for compliance ,on 7/19/05 and the related observations are as follows: 1) All 12 trees (7 Douglas fir & 5 Western red cedar) have been planted and each include one tree stake for support. 2) All trees are 6 to 8 feet tall as specified and in good health. 3) Trees rings of about 3 feet wide have been provided at the base of the trees and recent watering was evident. ' 4) All significant blackbeny shrub cover was removed and pruned back a distance of about 10 to 15 feet from the new trees. ) Ms. Sara Slatten, . July 22, 2005 Page 2 In summary, the Plan has been implemented per the requirements. The buffer area will benefit from the blackberry removal as the new trees will be able to grow without detrimental competition. Existing native plants including sword fern. sala1, and salmonberry species will also benefit from the blackberry removal. If there are any questions or concerns regarding this inspection report or you require additional site-specific data, please feel free to contact me. Sincerely, C. )]jJ:JrQ,bA .... C. Gary Schulz {/" 0- Wetland/Forest Ecologist bear4all@yahoo.com ·' • Shamrock Property Wetland Mitigation & Monitoring Estimate 30-Sep-OS Year I Mitigation Tree Installation $ 3,000 Wetland Monitoring Inspection & Reports, qtrly $ 2,600 Wetland Mitigation replacement & blackberry removal $ 500 Year 2 Wetland Monitoring Inspection & Report $ 650 Wetland Mitigation replacement & blackberry removal $ 350 Year 3 Wetland Monitoring Inspection & Report $ 650 Wetland Mitigation replacement & blackberry removal $ 250 Year 4 Wetland Monitoring Inspection & Report $ 650 Wetland Mitigation replacement & blackberry removal $ 250 YearS Wetland Monitoring Inspection & Report $ 650 Wetland Mitigation replacement & blackberry removal $ 250 Sub-Total $ 9,800 125% -Monitoring & Inspection Contingency $ 5,850 150% -Initial Tree Installation Contin $ 4,500 ITotal Surety Amount $ 10,350 I CITY OF RENTON Construction Permit Permit Number: U040207 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Work Description: INSTALL UTILITIES AND ROADWAYS IMPROVEMENTS FOR SH Job Address: Owner: Contractor: Contact: 5500 BLOCK OF NE 4TH ST SHAMROCK IDGHLANDS LLC 9720 NE 120TH PL #100 KIRKLAND W A 98034 AERO CONSTRUCTION COMPANY PO BOX 295 SNOHOMISH, WA 98290 CAMWEST FIFTH AVE LLC Other Information: Contractor License: AEROCC*121NW Contractor Phone: 425-334-2475 City License: 0100 Contact's Phone: 425-825-1955 Date ofIssue 08/30/2004 Work Order 87031 Date of Expiration 02/2612005 Parcel Number 1023059040 DateFinaled /0103/0 5 ~ Inspector's Name '/ 51 1P~1 '/1.(}Pt(Cfo./lru;P",oMhon, It is understood that the City of Renton shall be held hannless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections. Locate utilities before excavating. Call before you dig -48 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. ordinances. I I} On I ~ppIi,an' ~ ';ublio ~ THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. ENGOI 12/00 bh CITY OF RENTON Construction Permit Permit Number: U040326 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Work Description: INSTALL W ATERMAIN FOR SHAMROCK PLAT -TIE-IN Job Address: Owner: Contractor: SHAMROCK PLAT CAMWEST DEVELOPMENT INC 9720 NE 120TH PLACE SUITE 100 98034 Contractor License: Contractor Phone: City License: Contact: Contact's Phone: Other Information: Date of Issue 11102/2004 Work Order 87031 Date of Expiration Parcel Number Date Finaled /0/ 0 3 / oS.c:::--; Inspector's Name DAN THOMPSON LU ~ IV I ~ ~ ~ Inspector's Phone (206) 999-1828 It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections. Locate utilities before excavating. Call before you dig -48 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. x Applicant Subject to compliance with the Ordinances of the City of Renton and information filed herewith permit is granted. x THIS PERMIT MUST BE POSTED AT T -I-DC( T ALL TIMES. ENGOI 12/00 bh • . , LuA- Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION alan W A Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 10/1712005 UBI Number: 602-548-937 APPID: 389726 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State "- [ FILED SECRETARY OF STATE SAM REED OCTOBER 17, 2005 STATE OF WASHINGTON ,602548937 """'I J ARTICLES OF INCORPORATION OF "712005716511 $20.00 Chad IInSS6 Trading ID: 986464 Doc: No: 716511-901 ' SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION The undersigned. acting as incorporator of a corporation under the Washington Nonprofit Corporation Act (Ch.24.03 RCW), adopts the following Articles of Incorporation 'for the corporation. ARTICLE 1. The name of this corporation is Shamrock Heights Homeowners Association. ARTICLE 2. Umation The duration of this corporation is perpetual. ARTICLE 3. Pwposes The purpose for which this corporation is organized to provide an owners association pursuant to the Declaration of Covenants, Conditions, Restrictions, and Reservations for Shamrock Heights (the "Declaration'') for property located within the plat of Shamrock Heights 11, a subdivision located within the City of Renton, King County, Washington, and for property located within the plat of Shamrock Heights I, a subdivision located within Unincorporated King County, Washington, and to engage in all such activities as are incidental or conducive to the attainment of the objectives of the corporation and all activities which are pennitted to be done by a nonprofit corporation under any laws that may now or hereafter be applicable or available to this corporation. The powers of this corporation shall be subject to and shall be exercised in accordance with the provisions of the Declaration, as it may from time to time be amende~ which is incorporated herein as if fully set forth. ARTICLE 4. Dissolution This corporation may be dissolved with the assent given in writing and signed by not less than two-thirds of each class of members. Upon dissolution of the corporation, the assets of the corporation shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this corporation was created. In the event that such dedication is refused acceptance. such assets shall be grant~ conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. 1011310S 3:45 PM SOSS4SZS,C -1- ·····_·_·e -e··--······ ARTICLES. Members The corporation shall have two classes of members, as follows: Class A Members. Class A members shall be aU owners, except the Declarant as defined in the Declaration. Each Class A member shall be entitled to one vote for each Lot owned. When more than one person owns a Lot, all such perSons shall be members, and the vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B Member. The Class B member shall be the Declarant which shall be entitled to three votes for each Lot owned. The Class B 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 member; or (ii) the seventh anniversary of the date of recording the Declaration. ARTICLE 6. Registered Office" and Agent The name of the initial registered ~ent of the corporation is CamWest Shamrock Heights LLC. The address of the initial registered office of the corporation is 9720 NE 1201h Place, Suite 100, Kirkland, Washington 98034. ARTICLE 7. Directors The number of directors of this corporation shall be fixed by the Bylaws and may be increased or decreased from time to time in the manner specified therein. The initial Board of Directors shall consist of one director. The name and address of the person who shall serve as the director until the first meeting of the members and until his successors are elected and qualify unless he resigns or is removed is: ARTICLE 8. Eric H. Campbell 9720 NE 1201h Place, Suite 100 Kirkland, Washington 98034 Limitation of Liability A director of the corporation shall not be personally liable to the corporation or its members for monetary damages for conduct as a director, except for liability of the director for acts or omissions which involve intentional misconduct by the director or a knowing violation of law by the director or for any transaction from which the director will personally receive a benefit' in money, property or services to which the director is not legally entitled. . Any repeal or modification of this Article by the directors or members of the corporation shall not adversely affect any right or protection of any individual who is or was a director of the corporation which existed at the time of such repeal or modification. 10/13/053:45 PM -2- 50554525.41 -<---''-----------t ARTICLE 9. Indemnification The corporation shall indemnify any individual made a party to a proceeding because that individual is or was a director of the corporation and shall advance or reimburse the reasonable expenses incurred by such individual in advance of fmal disposition of the proceeding, without regard to the limitations in RCW 23B.08.510 through 23B.OS.550 of the Washington Business Corporation Act, or any other limitation which may hereafter be enacted to the extent such limitation may be disregarded if authorized by the Articles of Incorporation, to the full extent and under all circumstances pennitted by applicable law. - Any indemnification provided under this Article shall, unless limited by the tenns of the undertaking to indemnify, continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of his or her heirs, executors and .administrators. Any repeal or modification of this Article by the directors or members of the corporation shall not adversely affect any right or protection of any individual who is or was a director or officer of the corporation existing at the time of such repeal or modification. ARTICLE to. Amendment Any amendment to these Articles of Incorporation shall require the approval of sixty-seven percent of the votes of each class of members of the corporation. ARTICLE 11. Incorporator The name of the incorporator is Jamie Goodwin. Her address is 1111 Third Avenue, Suite 3400, Seattle, Washington 98101-3299. Executed on ?JtMA #' H ,2005. 10113/053:45 PM 505S452S.42 J -3- --_ ... _ .. --- CONSENT TO SERVE AS REGISTERED AGENT CamWest Shamrock Heights LLC. ("CWSHLLC"), hereby consents to serve as Registered Agent in the State of Washington for Shamrock Heights Homeowners Association. CWSHLLC understands that as agent for the corporation, it will be its responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to inunediately notifY the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the corporation for which it is agent lo/O"/()} (date) NAME OF REGISTERED AGENT: CAMWEST SHAMROCK HEIGHTS LLC, a Washington limited liability corporation By Cam West Development, Inc., Managing Member ADDRESS OF REGISTERED AGENT: CamWest Shamrock Heights LLC 9720 NE 120th Place, Suite 100 Kirkland, Washington 98034 10lJ3/OS 3:45 PM lOSS4S15.4 LandAmerica Transnation Camwest Development 9720 NE 20th Pl., #100 Kirkland, WA 98034 REFERENCE NO: / Order No.: 20032764 Liability: Charge: Tax: Total: FIFTH SUBDIVISION GUARANTEE 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-:7701 Fax: 425-646-8576 $10,000.00 $ 200.00 $ 17.60 $ 217.60 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 18, 2005 Transnation Title Insurance Company ;,-p~ Subdivision Guarantee GNT004 Page 1 of 10 • • Order No.: 20032764 SCHEDULE A 1. Name of Assured: Camwest Development and Shamrock Highlands L.L.c. 2. Date of Guarantee: October 18, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Shamrock Highlands, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES OR ASSESSMENTS ON LAND OR BY THE PUBLIC RECORDS. 2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 1023059040 BILLED PAID $6,104.55 $3,052.28 BALANCE $3,052.27 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,052.27. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (AFFECTS PARCEL A) 2163 $542,000.00 $0.00 4. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. Subdivision Guarantee GNT004 Page 2 of 10 • Order No20032764 5. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 1023059304 BILLED PAID $332.07 $166.04 BALANCE $166.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $166.03. LEVY CODE: 2163 ASSESSED VALUE LAND: $28,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL B) 6. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 7. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: RECORDED: RECORDING NO.: CITY OF RENTON JUNE 21, 1996 9606210966 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 305589 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: POWER AND LIGHT POLES THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 2794410 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS . GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NOS. 5755891 AND 5755892. 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: Subdivision Guarantee GNT004 KING COUNTY, A MUNICIPAL CORPORATION UTILITIES SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN 5767638 Page 3 of 10 • • Order No20032764 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET OF THE WEST 40 FEET 8711300920 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000508 AND 20010426000238. 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET 8711300921 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000506 AND 20010426000236. 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY EAST 65 FEET OF THE SOUTH 200 FEET 8711300922 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000507 AND 20010426000237. 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220452 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310868. Subdivision Guarantee GNT004 Page 4 of 10 • Order No20032764 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220453 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310869. (COVERS PARCEL A) 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: Tl:MPORARY ACCESS AS DESCRIBED THEREIN 20020228001893 18. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: AND AMENDMENTS THERETO: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 APRIL 20, 2000 20000420000998 LATECOMERS AGREEMENT NOVEMBER 13, 2002 20021115001942 . Page 5 of 10 • Order No20032764 19. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SHAMROCK HIGHLANDS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: RICHARD J. POWERS, ATTORNEY AT LAW BENEFICIARY: BASE CAPITAL, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY ADDRESS: 411 108TH AVE. N.E., #1970, BELLEVUE, WA 98004 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $3,500,000.00 DATED: OCTOBER 1, 2001 RECORDED: OCTOBER 9, 2001 RECORDING NO.: 20011009002308 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: PROVIDING FOR: AUGUST 15, 2002 20020815000404 ADDITIONAL ADVANCE OF $500,000.00 THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: DECEMBER 31, 2002 20021231002396 PROVIDING FOR: ADDITIONAL ADVANCE OF $1,000,000.00 AND AMENDING LEGAL TO INCLUDE ADDITIONAL PROPERTY SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: JULY 29,2004 RECORDED: SEPTEMBER 28,2004 RECORDING NO.: 20040928001366, WHICH IS A RE-RECORD OF 20040813000485 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 6 of 10 • Order No20032764 20. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC., A WASHINGTON LIMITED LIABILITY COMPANY TRANSNATION TITLE INSURANCE COMPANY PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY 12409 148TH S.E., RENTON, WA 98059 NOT DISCLOSED $525,000.00 OCTOBER 5, 2001 OCTOBER 9,2001 20011009002309 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) SUBORDINATION AGREEMENT WHICH DECLARES THAT THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002309 IS SUBORDINATE TO THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002308. SUBORDINATOR: LENDER: RECORDED: RECORDING NO.: PATRICK HUNSAKER AND ANNE MARIE HUNSAKER, HUSBAND AND WIFE; JAMES HUN;SAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE; TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE; BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE; KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE; AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY OCTOBER 9, 2001 20011009002311 SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NO.: JULY 29, 2004 AUGUST 13, 2004 20040813000486 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 7 of 10 • Order No20032764 21. ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREEMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS LLC, A WASHINGTON LIMITED LIABILITY COMPANY J. P. HUN, LLC., A WASHINGTON LIMITED LIABILITY COMPANY, AND PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE OCTOBER 5,2001 OCTOBER 9, 2001 20011009002310 22. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: J. P. HUN LLC, ET AL, SECURED CREDITORS; PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE SHAMROCK HIGHLANDS LLC FIXTURES ("PERSONAL PROPERTY") OCTOBER 9, 2001 20011009002312 23. ASSIGNMENT OF DEED OF TRUST GIVEN IN THE FORM OF A SECURITY DEVICE AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY U.S. BANK NATIONAL ASSOCIATION OCTOBER 26, 2001 20011026001657 Page 8 of 10 24. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC PRLAP, INC. BANK OF AMERICA, N.A. $11,336,250.00 JULY 29, 2004 AUGUST 13, 2004 20040813000484 THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: OCTOBER 18, 2004 RECORDING NO.: 20041018002418 • PROVIDING FOR: ADDITIONAL ADVANCE OF $1,968,750.00 SSS/CSS Subdivision Guarantee GNT004 Order No20032764 Page 9 of 10 • • Order No.: 20032764 EXHIBIT "A" PARCEL A: THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. • SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In SChedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens, encumbrances, adverse daims or other matters against the title. whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authOrity that levies .taxes or assessments on real property; or, (2) Proceedings by a pubhc agency which may result in taxes or assessments. or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights. claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens. encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly descnbed In the description set forth in Schedule (A). (C) or in Part 2 of this Guarantee, or title to streets. roads. avenues. lanes. ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels. ramps or any structure or improvements. or any rights or easements therein. unless such property, nghts or easements are expressly and specifically set forth in said description. (b) Defects. liens. encumbrances. adverse daims or other matters. whether or not shown by the public records; (1) which are created. suffered. assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. . (b) "land": the land described or referred to in Schedule (A), (C) or In Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not indude any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trus~ trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promplly in writing in case knowledge shall come to an Assured hereunder of any daim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have noduty to defend or prosecute any action or proceeding. to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Oefend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarant~, whether or not it shall be liable hereunder, and shall not thereby concede hability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and swom to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the baSis of loss or damage and shall state, to the extent possibte, the basis of calculating the amount of the loss or damage. tf the Company is prejudiced by the faiture of the Assured to provide the required proof of toss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and ptaces as may be deSignated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whelher bearing a date before or after Date of Guarantee, which reasonabty pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the' custody or control of a third party, which reasonabty pertain to the toss or damage. All information designated as confidentiat by the Assured provided to the Company pursuant to this Section shall not be disdosed to others untess, in the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonabty requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, untess prohibited by law or govemmental regulation, shall terminate any tiability of the Company under this Guarantee to the Assured for that daim. 6. Options to Payor Otherwise Sellie Claims: Termination of Liability. In case of a daim under this Guarantee, the Company shall have the following additionat options: (a) To Payor Tender Payment of the Amount of liability or to Purchase the tndebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any daim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a hotder of a mortgage or a tienhotder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all tiability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase pOce. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed toss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured daimant any claim assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph shall terminate, induding any obligation to continue the defense or prosecution of any titigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of tndemnity against actuat monetary toss' or damage sustained or incurred by the Assured daimant who has suffered toss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of tiabitity stated in Schedute A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Ltmltatlon of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the evenl of any litigation by the Company or with the Company's consen~ the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9, Reduction of Liability or Tennlnatlon of Liability, All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss, (a) No payment shall be made without produdng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have seWed and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured daiman!. The Company shall be subrogated to and be entiUed to all rights and remedies which the Assured would have had against any person or property in respect to the daim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or setUe in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment On account of a ctaim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its prindpal, interest and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the TiUe Insurance Arbitration Rules of the American Arbitration Assodation. Arbitrable matters may indude, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Uability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may indude attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Jl!dgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the TiDe Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon reques\. 13. Liability Limited to Thts Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any daim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall indude the number of this Guarantee and shall be addressed to: Consumer' Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) • CIT.O~ RENTON Kathy Keolker-Wheeler, Mayor PhmningIBuildinglPublic Works Department Gregg Zimmerman P.E., Administrator September 28, 2005 Sara Slatten Camwest Development . 9720 NE 120th Place -Suite #100 Kirkland, WA 98034 SUBJECT: 'Dear Sara, SHAMROCK HEIGHTS II FINAL PLAT LUA 04'-148 -11 SINGLE FAMILY LOTS 4TH REVIEW CITY OF RENT(II !\FP 2 9 2005 ", .~ RECEIVED CITY CLERK'S oFFlC! Staff has completed their 4th review of the, above sUbjectJ I-lot plat and has made the following comments. Once you have·complete.d the revisions please resubmit twobluelines to my office. Final Plat Recording Concerns: 1. The indexing infoniiatio.n noted in the lower right-hand comet of'Sheet 1 of 4is incorrect. ,The subject plat property iSlntheSE~ofth&SE~ of Section 10, not the NE Y40ftheNE % .. , . . ." . '. 2. See the ' attachment for a duplication of a word "THE" (Sheet 2 of 4). Plan Review Filial Plat Comments: J. ,I did not receive revisions/coinments regarding comments No. 31-45 in my letter to you dated January 5, 2005. . -. If you have any questions, please contactineat425-430'-7278. Thank you foryour cooperation; Sincerely, ------~1-05-5-S-::-o-u-:-th-G-r-ad-:-y-W;---ay---R-::-e-n-to-n-, W-as-h-in-'-g-to-n~9:-:8-:-0"'"'"55---'------.~ ®. Thispaper contains 50% recyded material; 30% post consumer AHEAD OF THE· CURVE c. Gary SchulZ July 22, 2005 Ms. Sara Slatten Project Manager Cam West Development, Inc. 9720 N.E. 120th Place, Suite 100 Kirkland, W A 98034 Re: Shamrock Subdivision -City of Renton: Wetland/Forest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 206/772-6514,425/235-4338 Fax R eCITYOFRENTOI\ CEIVED JUL222oo5 BUILOINGOIVISION Wetland Buffer Enhancement -Compliance Monitoring. Dear Ms. Slatten: Per the City's requirements, this letter provides a compliance monitoring report of the . wetland buffer enhancement on the City of Renton portion of the Shamrock Subdivision. The subject property is approximately 4.6 acres and is located on the north side ofS.E. 128th Street just west of Lyons Avenue N.E. in the City of Renton (Section 10, Township 23 N, Range 5 E). The wetland buffer enhancement is planting 12 native, conifer trees in the wetland buffet adjacent to Lot 10. A wetland buffer monitoring and maintenance plan (Schulz 7/2/05) was provided to detail the mitigation components. Per the Triad Associates landscape plan for the subdivision (Street Tree & Fencing Detail- Sheet 1 of3, Triad Associates 2004), the planting locations for new trees were staked to assist the landscape contractor. After tree installation, the site was inspected for compliance -on 7/19/05 and the related observations are as follows: 1) 2) 3) 4) All 12 trees (7 Douglas fir & 5 Western red cedar) have been planted and each include one tree stake for support. All trees are 6 to 8 feet tall as specified and in good health. Trees rings of about 3 feet wide have been provided at the base of the trees and recent . watering was evident. \ . All significant blackberry shrub cover was removed and pruned back a distance of about 10 to 15 feet from the new trees. , Ms. Sara Slatten, July 22, 2005 Page 2 • In summary, the Plan has been implemented per the requirements. The buffer area will . benefit from the blackberry removal as the new trees will be able to grow without detrimental competition. Existing native plants including sword fern, salal, and salmonbeny species will also benefit from the blackberry removal. If there are any questions or concerns regarding this inspection report or you require additional site-specific data, please feel free to contact me. Sincerely, C. :111 :JrQ.~~ ./ C. Gat)' Schulz V" 0- W etlandIF orest Ecologist bear4all@yahoo.com January 12, 2004 Ms. Sara Slatten Project Manager Cam West Development 9720 N.B. 120th Place # 100 Kirkland, W A 98034 'Re: Shamrock Subdivision -. Wetland Investigation (Bales Property) City of Renton. Dear Ms. Slatten: Per your request, this letter provides documentation of the wetland investigation conducted on the City of Renton portion of Shamrock LID Subdivision. The site was previously referred to as Bales Property. The subject property is approximately 4.6 acres and located on the north side of S.B. 128th Street and is just west of Lyons Avenue N.B. in the City of Renton (Section 10, Township 23 N, Range 5 E). New single-family, residential developments are located on the east and west sides of this site. The subject property is proposed for development and will be the southern extension of the Shamrock Subdivision property located in unincorporated King Co~ty. The proposal includes developing 11 new residential lots and constructing a detention pond on the site. The majority of wetland area and wetland investigation work was conducted on the Shamrock site in unincorporated ~ County (Wetland Determination For Shamrock Property; King County, Schulz 7/28/02). Wetland Investigation The wetland field investigation was conducted on July 25 and 26, 200 I. The property is described as very disturbed with past grading and fllling evident througb.out. Manmade ditches are also present. The vegetation is comprised of native pioneer' species and non- native invasive species. A significant portion of the property haS young, sapling-stage black cottonwood (popUlus balsamifera) and red alder (Alnus rubra) tree cover. . Dominant shrub cover is primarily Himalayan blackberry (Rubus discolor). The methodology used for wetland determination was based on the presence dominant hydrophytic vegetation (i.e. plant species adapted to, or tolerant of growing in saturated soil conditions), hydric soils, and observed wetland hydrology as described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987). The Washington State Wetlands Identification and Delineation Manual (Dept. of Ecology Pub. #96-94, 1997. The State Manual was developed to address regional conditions and is consistent with 1987 Corps Manual methodology. The three technical criteria for vegetation, soils, and hydrology are maridatory under normal conditions and must all be met for an area to be identified as wetland. '. • Ms. Sara Slatten -Shamrock January 12,2004 Page 2 Two wetlands (A & B) were field-delineated on the site and professionally surveyed by Triad Associates onto a topography base map. The larger wetland (A) extends from the north onto the subject property. This wetland was investigated for the Shamrock site in unincorporated King County (Wetland Determination For Shamrock Property, King County -Schulz 7/28/02). The wetland is a forested system that only extends onto the subject site as a narrow band in the northwest corner. The on-site portion of Wetland A ' is dominated by Pacific willow (Salix lasiandra), red alder, and black cottonwood trees. Shrubs growing in the wetland include black twinberry (Lonicera involucrata) and Douglas's spirea (Spiraea douglasii). Slough sedge (Carex obnupta) and lady fern (Athyriumfelix-femina) are the dominant emergent plant cover. Wetland A is rated as , Class 2 in King County. Using the City of Renton's Critical Areas Regulations (Chapter 3, Section 4-3-050) Wetland A appears to be a Category 2 wetland with a standard buffer setback of 50 feet. The second wetland identified on the subject property as Wetland B is a very small area of only 1,702 square feet. This wetland appears to have formed on top of old fill material and is a small depression area that does not drain or absorb rainfall. Soil conditions in this area are very compacted This area has sapling cover of red alder and black cottonwood. Slough sedge groundcover was present within the wetland. Because Wetland B is less than 5,000 square feet in total size, it is not rated as a Category 3 wetland. Therefore, the wetland is too small to be regulated in the City and does not need to be preserved as it contributes little to no measurable wetland function. Wetland ButTer Averaging The proposed subdivision includes wetland buffer averaging as part of the site's lot and roadway desi~. A request to reduce a portion of the Wetland A (fract B) buffer setback in the ,area adjacent to proposed Lot 10 appears to meet the City's code criteria. The buffer loss or impact would be 2,260 square feet and a buffer replacement provided as a contiguoUs area of 3,006 square feet. The wetland buffer replacement area is densely treed and has the same functions or better than the area to be used for lof development. Per the City code section 4-3-050 M6.in Chapter 3, the following criteria are met: • The proposal is a reasonable use of property, • The wetland contains variations in sensitivity and physical char~cteristics, • Only low impact uses would be located adjacent to the reduced buffer width, • Buffer width averaging will not adversely impact wetland function and value, • The total buffer area after averaging will not be less than that contained within; the required standard buffer prior to averaging, and .... • Ms. Sara· Slatten -Shamrock . January 12, 2004 Page 2 • The buffer is not being reduced more than 50 percent of the standard width. Thank. you for involVing me in this review! Please let me kn.ow if there are questions or I need to clarify the information. ' Sincerely, c.~~~,LPv C. Gary Sckkz 1.../1 ~ a Wetland / Forest Ecologist Bear4all@Yahoo.com 7700 S. Lakeridge Dr. Seattle, WA 98178 206-772-6514 •• keoU(er·· Wh,eele1, Mayor CITY eF RENTON City Clerk Bonnie I. Walton July 12,2005 Sara Slatten . Camwest Development 9720 NE 120th PI., Ste. #100 Kirkland, W A 98034 Re: Shamrock Heights n Final Plat; File No. LUA·04-148, FP Dear Ms. Slatten: At the regular Council meeting 6f July 11, 2005~ the Renton City Council approved the referenced final plat by adopting Resolution No. 3760.· A copy oftheresolutitm is enclosed for your files. ' .. In can provide additimlal infonnatiOilor assistance, please feel fr~e to cQntact me. Sincerely, Bonnie I. Walton City Clerk Enclosure· '. cc: . Mayor Kathy Keolker-Wheeler Council President Terri Briere Julianna Fries, Development Services Division . ----------~----------~~RENT·O· N' 1055 South Grady Way -Renton, Washington 98055 -(425) 430-6510 I FAX (425) 430-6516 &) This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE CITY OF RENTON, WASHINGTON RESOLUTION NO. 3760 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SHAMROCK HEIGHTS D; FILE NO. LUA- 04-148FP). WHEREAS, a . petition for the approval of a final plat for the subdivision of a certain tract . of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has detennined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTIONIL The final plat approved by the Planning/BuildingfPublic 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. 3760 e (The property, consisting of approximately 4.8 acres, is located west of Lyons Avenue NE, east of Jericho Avenue NE and north ofNE 4th Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated June 20,2005. PASSED BY THE CITY COUNCIL this 11 th day of ___ J_u_l=.-y __ --", 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 11 th day of ___ J_u_1_y ____ ----o" 2005. 7~aw~ Lawrence 1. Warren, City Attorney . RES.1117:6/23/05:ma 2 RESOLUTION NO. 3760 Exhibit A LEGAL DESCRIPTION PARCEL A: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECllON 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. -j . RESOLUTION NO. 3760 ST ~ ~ ~ ~ ~ :S 0 ~ <0 - TO /- SITE VICINITY MAP NOT TO SCALE July 11,2005 Human Resources: Reclassification of Four Positions Planning & Development Committee Vacation: N 14th St, Pool Brothers Construction, V AC- 05-001 RESOLUTIONS AND ORDINANCES Resolution #3760 Plat: Shamrock Heights II, Lyons Ave NE, FP-04-148 Planning: Multi-Family Housing Property Tax Exemption Modifications Ordinance #5149 Police: Street Racing Event Attendance Prohibition Renton City Council Minutes .. Page 250 Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve reclassification of positions and pay ranges that do not require additional 2005 budget appropriation as follows: Police Manager, grade 0134 to m36, $4,392 budget change through 2005; and Civil Engineer ill (New Title -Utility/GIS Engineer), grade a27 to a31, $7,452 budget change through 2005. The above changes are effective 11112005. Housing Assistance Specialist (New Title -Housing Repair Coordinator), grade a18 to a20, $1,708 budget change through 2005; and Housing Maintenance Worker (New Title -Housing Repair Technician), grade a07 to a08, $1,309 budget change through 2005. The above changes are effective 6/112005. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Vice Chair Law presented a report recommending concurrence in the staff recommendation for the N. 14th St. street vacation, located east of Lake Washington Blvd. N. and Gene Coulon Memorial Beach Park, to accept the appraisal and set compensation at $21,285 for the vacation (VAC-05-OO1; Pool Brothers Construction, LLC, petitioner). MOVED BY LAW, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read approving the Shamrock Heights II Final Plat; approximately 4.8 acres located west of Lyons Ave. NE, east of Jericho Ave. NE, and north of NE 4th St. (FP-04-148). MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Second reading of the ordinance concerning the multi-family housing property tax exemption modifications was postponed. The following ordinance was presented for second and final reading and adoption: An ordinance was read amending Title VI (Police Regulations) of City Code by adding Chapter 6-27, Race Attendance, that prohibits race attendance within a "No Racing Zone" and imposes criminal penalties. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. * Assistant City Attorney Zanetta Fontes noted the ordinance language revision that occurred after the first reading of the ordinance. *ROLL CALL: ALL A YES. CARRIED. Responding to Councilman Corman's inquiry, Ms. Fontes confirmed that signs will be posted in the designated "No Racing Zone" areas. JUly 11, 2005 CAG: 05-089, City Hall P-3 Parking Lot Resurfacing, Epic Construction Plat: Shamrock Heights II, Lyons Ave NE; FP-04-148, Release of Easements Planning: Removal of Residential Uses from Commercial Arterial Zone EDNSP: 2005 Neighborhood Grant Program Finance: Financial Management Policies Police: Records Management . Software Maintenance, New World Systems Corporation Police: Valley Special Response Team Interlocal Agreement Addendum, CAG-. 03-080 Airport: Bosair Lease (LAG- 86-003), AcuWings Operating Permit and Agreement Airport: Hangar Buildings Reversion to City Ownership from Cedar River Hangar Limited Partnership Transportation: Maple Valley Hwy Improvements Project Funding, Till CAG: 04-119, Monster Rd Bridge Repair, Mowat Construction Company Renton City Council Minutes e Page 248 City Clerk reported bid opening on 6/2212005 for CAG-05-089, City Hall P-3 Parking Lot Resurfacing; one bid; engineer's estimate $100,000; and submitted staff recommendation to award the contract to the sole bidder, Epic Construction, LLC, in the amount of $118,374.40. Refer to Finance Committee. Development Services Division recommended approval, with conditions, of the Shamrock Heights II Final Plat (FP-04-148); eleven single-family lots on 4.8 acres located west of Lyons Ave. NE,east of Jericho Ave. NE, and north ofNE 4th St. Approval was also sought to release various utility and drainage easements related to the plat that are no longer necessary to the City. Council concur. (See page 250 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended approval to remove residential uses from the Commercial Arterial zone. Refer to Planning and Development Committee. Economic Development, Neighborhoods and Strategic Planning Department recommended approval to fund five projects and four newsletters totaling $21,616 through its 2005 Neighborhood Grant Program, and approval to conduct a second round of funding with a deadline of 9/30/2005. Refer to Community Services Committee. Finance and Information Services Department recommended approval of the Financial Management Policies to be included in the proposed 2006 Budget, and recommended approval of an annual review of the policies. Refer to Finance Committee. Police Department recommended approval of an agreement in the amount of $83,348 with New World Systems Corporation for the maintenance of the Police Department's records management software. Council concur. Police Department recommended approval of Addendum #1 to CAG-03-080, Valley Special Response Team interlocal cooperative agreement, to assist agencies in processing and responding to claims and lawsuits. Refer to Public Safety Committee. Transportation Systems Division recommended derual of an addendum to LAG- 86-003, airport lease with Bosair, LLC, to allow flight training services, aircraft rental, and pilot supplies sales; and denial of an operating permit and agreement with AcuWings, LLC:. Refer to Transportation (Aviation) Committee. Transportation Systems Division recommended approval to revert the Cedar River Hangar Limited Partnership'S hangar buildings to City ownership, and to apply the City's monthly hangar rental rates to the Cedar River hangars. Refer to Transportation (Aviation) Committee. . Transportation Systems Division recorrimended approval of the 2006 Program Project Funding Status Report for submittal to the Transportation Improvement Board certifying committed Renton funds for the Maple Valley Hwy. (SR-169) Improvements project. Refer to Transportation (Aviation) Committee. Transportation Systems Division submitted CAG-04-119, Monster Rd. Bridge Repair; and requested approval of the project, authorization for final pay estimate in the amount of $62,350, commencement of 60-day lien period, and release ofretained amount of $23,935.55 to Mowat Construction Company, contractor, if all required releases are obtained. Council concur. • OF RENTON COUNCIL AGENDaLL I AI#: ?·.f· Submitting Data: PlanninglBuilding !Public Works For Agenda of: July 11, 2005 DeptlDivlBoard .. Development Services Division Staff Contact. ..... Juliana Fries x:7278 Agenda Status Consent. ............. Subject: Public Hearing .. SHAMROCK HEIGHTS II FINAL PLAT AND Correspondence .. RELEASE OF UTILITY EASEMENTS Ordinance ............. File No. LUA 04-148, FP (LUA 04-030, PP) Resolution ............ 4.8 acres located West of Lyons Ave NE, East of Jericho Ave NE & North of NE 4th Street. Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Infonnation ......... Recommended Action: Approvals: Legal Dept. ...... . Council concur Finance Dept. ... . Other .............. . Fiscal Impact: N/A Expenditure Required ... Transfer/Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share rotal Project. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. Shamrock Heights IT divides 4.8 acres into 11 single-family residential lots, with sanitary sewer, stonn drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City Council will be met prior to recording of the plat. Included on the face of the plat are the releases of various "Assignment of Utility and Drainage Easement" that were determined no longer necessary to the City. STAFF RECOMMENDATION: 1. Approve Shamrock Heights IT Final Plat, LU A 04-148, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. 2. Release the "Assignment of Utility and Drainage Easement" recorded under recording number 20010116000507 and 20010426000237. 3. Release the "Assignment of Utility and Drainage Easement" recorded under recording number 20010116000506 and 20010426000236. 4. Release the "Assignment of Utility and Drainage Easement" recorded under recording number 20010116000508 and 20010426000238. X X x • CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SHAMROCK HEIGHTS ll; FILE NO. LUA- 04-148FP). WHE~S, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/BuildinglPublic Worlcs Department; and WHEREAS, after investigation, the Administrator of the Planning/BuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, . playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, W ASlllNGTON, DOES ORDAIN AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTION II. The final plat. approved by the Planning/BuildinglPublic 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. ___ e (The property, consisting of approximately 4.8 acres, is located west of Lyons Avenue NE, east oflericho Avenue NE and north ofNE 4th Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/BuildinglPublic Works Department dated June 20, 2005. PASSED BY THE CITY COUNCIL this ___ day of ______ ~, 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ________ ---', 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1117:6/23/05:ma 2 . :.::>~.;.. '.'~ .'~' .. ORDINANCE NO. • c; ; Exhibit A LEGAL DESCRIPTION PARCEL A: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECnON 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECnON 10. TOWNSHIP 23 NORTH. RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON. COUNTY OF KING. STATE OF WASHINGTON . TO /- SITE VICINITY MAP NOT TO SCALE \ • DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Sara Slatten Shamrock Heights II Final Plat. File: LUA 04-148FP West of Lyons Ave NE, East of Jericho Ave NE & North ofNE 4th Street. Section 10, Twp. 23 N., Rng 5 E. Final Plat for 11 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Sara Slatten, filed a request for approval of Shamrock Heights II, an II-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEP A) documentation and other pertinent materials was entered into the record as Exhibit No.1. ( 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on April 6, 2004 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located west of Lyons Ave NE, east of Jericho Ave NE & north ofNE 4th Street. The new plat is located in Section 10, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of 2 parcels totaling 4.8 acres. 7. Within the site, there is a "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300922. After annexation of this area, the easement interest was conveyed to the City of Renton through an "Assignment of Utility and Drainage • • Easement" recorded under King County recording number 20010116000507 and 20010426000237. Since drainage facilities have been installed along NE 4th Street and Shamrock Heights II has their privately owned detention facility, this easement is no longer necessary and staff recommends to be released upon recording of the plat. 8. There is a second "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300921. After annexation of this area, the easement interest was conveyed to the City of Renton through an "Assignment of Utility and Drainage Easement" recorded under King County recording number 20010116000506 and 20010426000236. This easement is no longer necessary and staff recommends to be released upon recording of the plat. 9. There is a third "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300920. After annexation of this area, the easement interest was conveyed to the City of Renton through an "Assignment of Utility. and Drainage Easement" recorded under King County recording number 20010116000508 and 20010426000238. This easement is no longer necessary and staff recommends to be released upon recording of the plat. 10. The Preliminary Plat (LUA-04-030) was approved by the City of Renton Council on July 26, 2004. 11. The site is zoned Residential 5 DUlAC (R-5). 12. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 13. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stann water Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction penn its. This condition shall be subject to the review and approval of the Development Services Division .. The project design and construction comply with the DOE requirements for Erosion and Sediment Control. 2. This project shall be subject to the 1998 King County Surface Water Design Manual. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention and basic water quality. 3. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report dated July 2002 prepared by Gary Schulz in regards to wetland maintenance, monitoring and construction of the project. The project was reviewed and approved by Planning (Development Services Division) for compliance with the condition. • 4. The applicant shall be required to erect a split-rail fence or other fence type as approved by the Development Services Division denoting the edge of the, wetland buffer boundary prior to recording of the plat. In addition, a sign shall be located along the fence in a conspicuous location indicating the presence of a wetland and its associated buffer. Fencing and signage along the edge of the wetland buffer will be installed prior to recording. 5. No vegetation removal shall be allowed within the wetland or its associated buffer with the exception of dangerous or diseased trees. All dangerous and/or diseased trees proposed to be removed from the wetland or its associated buffer shall require a letter from a qualified arborist and would be subject to inspection and approval of the development Services Division. This mitigation shall be placed on the face of the plat prior to recording. The construction plans noted trees to be saved within the wetlands and its associated buffer. In addition, a note has been placed on the face of the plat requiring written approval from the City of Renton prior to removal, pruning, or damaging of any vegetation within the wetland and its associated buffer. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. The fee shall be paid prior to the recording of the final plat. The Fire Mitigation Fee will be paid prior to recording of the plat. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to recording of the final plat. The Transportation Fee will be paid prior to recording of the plat. 8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot. The fee shall be paid prior to the recording of the final plat. The Parks Mitigation Fee will be paid prior to recording of the plat. 14. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The plat shall remain an II-lot plat. The final plat is II-lot plat. 2. The applicant shall save all significant trees on the site within 20 feet of the wetland buffer or detention pond that do not stand in the way of necessary right-ol-way, driveways and reasonable building pads. The removal of all Significant trees noted above shall be reviewed and approved by a certified arborist selected and approved by the City but paid by the applicant. The construction plans noted trees to be saved that would not interfere with code required improvements. ---------- • 3. Staff and the applicant should work to attempt to come up with a way of protecting passers-by from the storm water pond while allowing it to be visually appealing, if possible from the NE 4th Street corridor. The applicant submitted fencing and landscaping plans (fronting NE 4th Street and along the detention pond) for review by Planning at the Development Services Division. The landscape will provide screening to the pond and improve the beautification of the NE 4th corridor. . 4. The applicant shall be required to screen the detention facility with a combination of decorative fencing and perimeter landscaping and irrigation. This condition shall be completed prior to the final plat approval and be subject to the review and approval of the Development Services Division. Fencing and landscaping plans along the detention pond were installed to the satisfaction of Planning at the Development Services Division. 5. The applicant shall place "No Parking" signage near the emergency vehicle hammerhead turnaround serving the development. The satisfaction of this requirement shall be subject to the Development Services Division prior to recording . of the plat. "No Parking" signs will be installed along the hammerhead turnaround prior to recording. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for this development. A draft of the document(s}, if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. A Homeowners Association was created and the Declaration of Covenants, Conditions and Restrictions was reviewed and approved by Development Services, and includes the maintenance responsibilities. 7. The applicant shall be required to pay the appropriate Issaquah School District Impact Fee in the amount of$2,937.00 per home prior to building permit issuance. Payment of Issaquah School District will be required prior to the issuance of any' building permit. 8. Modify the footprint for Lot 10 to further reduce the impact to existing wetland buffer. Decrease the encroachment by at least 30 percent of the original encroachment subject to the City of Renton approval. Lot 10 footprint is in the process of being modified to comply with the condition. Final footprint for Lot 10 will be reviewed and approved by Development Services prior to recording of the plat. 9. Install a minimum of twelve evergreens, 6-8 feet in height, within the existing and/or added wetland buffer. Locations to be determined by a wetland biologist. Cam West to insure survivability for a monitoring period determined by the City of Renton. Planning at Development Services Division is coordinating the location and planting of the evergreen trees within the wetland buffer. • • 10. Remove invasive blackberry bushes within the existing and/or added wetland buffer area as directed by a wetland biologist. Blackberry bushes we removed from the wetland buffer as part of the construction permit. 11. Install split-rail fencing with mesh around the north and west sides of Lot 10 to discourage entrance and place wetland signs around the perimeter of the entire wetland buffer. Amend the CCR's to require this type of fencing for Lot 10 for perpetuity. Split-rail fencing and mesh will be installed around the west and north sides of ~ Lot 10 prior to recording. CCR's include language to maintain the fencing for perpetuity. 12. The applicant shall be required to plant and maintain approved street trees, 15 feet on center, within the 20-/00t front yard setback of each lot that abuts a public right-of- way. This condition shall be completed prior to theJinal plat approval and be subject to the review and approval of the Development Services Division. In addition, this condition shall be included in the subdivision's Codes, Covenants and Restrictions (CCR's), and the maintenance becoming the responsibility of the Homeowner's Association upon project completion. Planning at Development Services Division will be reviewing and approving the planting of the trees along the front setback of each lot. In addition, the CCR's include language regarding the maintenance of the trees. 13. The applicant shall comply with conditions imposed by ERe. Applicant complied with the above ERC conditions. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. Rel~ase the "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300922 and conveyed to the City of Renton through an "Assignment of Utility and Drainage Easement" recorded under King County recording number 20010116000507 and 20010426000237. • • 3. Release the "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300921 and conveyed to the City of Renton through an "Assignment of Utility and Drainage Easement" recorded under King County recording number 20010116000506 and 20010426000236. 4. Release the "Utility and Drainage Easement" to King County, recorded under King County recording number 8711300920 and conveyed to the City of Renton through an "Assignment of Utility and Drainage Easement" recorded under King County recording number 20010116000508 and 20010426000238. SUBMITTED TmS 20tb DAY OF JUNE, 2005 cc: Kayren Kittrick LUA-04-148-FP • • LEGAL DESCRIPTION PARCEL A: I THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE OTY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. • • SITE VICINITY MAp· NOT TO SCALE PARK & RIDE ·' SHAMROCK HEIGHTS .1 Pat se 114 OF THE BE 114 8EC11ON 1), TWP. 23M. ACE !5E. W.M. QtG cot.MY, WAStfHCm.)N __ I • ...... m:o I ~ =-::':':0 I . -.. -.. -" -.. ~=---:'----:=SInO'lIII"E:::;7!--TT_.,.,r--!JJ!!~·2:....-,.-i- IE11NI>S .-.-.-./ I I ~ -';;";;;"';";;-";';';;;-.. -.. -.. -.. -.. -.. - ........... o --.--f:.l ..... !!L.----t-t-=:'; .......... -_.--",,' 1RACT E ~ I __ a_"1RID1 _. II m::g~u. _ 1-_ 1OE1LNm 10 BII I J 11 IBIIiI •• ~ =--__ -+ ........ __ .L------"" .-I I I HE 4TH CT - --I-T------,r----,---..... 1--_----,.-..f--_ --- --- --- 7 au 8 1111 1RACT R .. .. .. ~ a: Z~· V1IJIY (ASDIOCT • I 10 kINe COUN1Y til L10I .. 00 S \ I N88'21'01 W~J'\ ~~ ~.J ...... --:. _........... HE 4TH ST " _ .. _ .. -.. _ .. -.. "-"-"_ .. _ .. _ .. _ .. -.. _ .. _ .. _ .. _ .. -..1-. :I1~·vam.ORMIIlASEII1I1'lOcnYOIFIEN1tIf ... -.... _ ... -... _ .. __ ... _. __ •• REt:. till. 8111.JDDIZI. ZOOI0,,1OOO5OS. 2QOI0426UDQZl6. r--;:~----::::::=-""~;:::;;;;:~:1;';';';'~~ 10 IE 1Ol£ASDI_ ......... or ....... T. ~ l 1.Wl1 ...... 1E ~~;; "~ ~ ~ ~. • • CITY OF RENTON PLANNING I BUILDING I PUBLIC WORKS MEMORANDUM Date: June 20, 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 Clerk's Office Project Name: Shamrock Heights II Final Plat LUA (file) Number: LUA-04-148, FP Cross-References: Shamrock Preliminary Plat LUA04-030 AKA's: Project Manager: Juliana ~ries Acceptance Date: December 2, 2004 Applicant: Shamrot:k Highlands LLC Owner: Shamrock Highlands LLC Contact: Sara Sla'tten, Camwest Development PID Number: 1023059040; 1023059304 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: H EX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final plat of Shamrock Heights II with 11 single-family residential lots. The plat includes installation of sanitary sewer main, storm drainage, sidewalks, steetlights and paving. Location: North of NE 4th between Jericho & Lyons Comments: - I / CITY. RENTON PlanningIBuildingIPublic Works Department Kllthy Keolker-Wheeler. Mayor . Gregg Zimmerman P.E.,Administrator June 6,2005 Sara Slatten Camwest Development 9720 NE120th Place ~ Suite #100 Kirkland; W A 98034 SUBJECT: . Dear Sara, sHAMRocK. HEIGHTS II FINAL PLAT LUA 04448 -11 SINGLE FAMIL YLOTS 3m> REVIEW Staff has completed their 3rd review of the~bove subject l.l-lot plat and has made the following comments. Once you have completed the revisions please resubmit three bluelines to my office. Final Plat Recording Concerns': 1. The year ("2002"), .. noted under .the "IGNG.·.· COlJNly FINANCE DNISION CERTIFICATE" bock, o~ Sheet 1. of4;needs' toIle updated. 2. Complete City of Renton Monument Cards, wIth re'fert!ncepoirtts of all new right-of-'way monuments set as 'part of the plat. . . . 3; Item No. 25 under "GENERAL NOTES", on Sheet 2'of 4, ends with an extra word at the . end ("OWNER"). Reyiew and revise as needed.. .,. . Plan ReView Final Plat Comnients: '.>' .. 4. Contiime to work with theplanniIlgDivision (Jeimifer Henning) to hav'eany variance/modification for lot 1 o resolved. We. will need to have all' documentation approved prior to recording of the plat. 5. I did not receive revisions/comments regarding comments No. 31-45 in my ietter to you dated January 5,2005. . . If you have any questions, please contact me at 425-430-7278. Th~mkyou for your cooperation. Sincerely, liana Fries, P. Development Services cc: Kayren Kittrick Lua 04-148 ------------1~O-55--So-u-th-G-r-ad-y-W-a-y---R-e-nt-on-,-W-a-Sh-m-g-to-n--98-0-5-5------------~ * This paper contains 50% recycled material; 30% Pos\consurner AH.EAD OF THE CURVE .1 ,f , Order No.: 20032764 SCHEDULE A 1. Name of Assured: Camwest Development and Shamrock Highlands L.L.c. 2. Date of Guarantee: , May 13, 2005 r 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Shamrock Highlands, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING HENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES OR ASSESSMENTS ON LAND OR BY THE PUBLIC RECORDS. 2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MAnERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 1023059040 BILLED PAID $6,104.55 $3,052.28 BALANCE $3,052.27 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,052.27. LEVY CODE: 2163 ASSESSED VALUE LAND: $542,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL A) 4. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. Subdivision Guarantee GNT004 Page 2 of 10 ., \ , Order No20032764 \ 5. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 1023059304 BILLED PAID $332.07 $166.04 BALANCE $166.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $166.03. LEVY CODE: 2163 ASSESSED VALUE LAND: $28,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL B) 6. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 7. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: RECORDED: RECORDING NO.: CITY OF RENTON JUNE 21, 1996 9606210966 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 305589 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: POWER AND LIGHT POLES THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 2794410 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NOS. 5755891 AND 5755892. 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: Subdivision Guarantee GNT004 KING COUNTY, A MUNICIPAL CORPORATION UTILITIES SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN 5767638 Page 3 of 10 , Order No20032764 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET OF THE WEST 40 FEET 8711300920 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000508 AND 20010426000238. 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET 8711300921 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000506 AND 20010426000236. 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY EAST 65 FEET OF THE SOUTH 200 FEET 8711300922 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000507 AND 20010426000237. 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220452 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310868. Subdivision Guarantee GNT004 Page 4 of 10 , Order No20032764 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220453 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310869. (COVERS PARCEL A) 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: TEMPORARY ACCESS AS DESCRIBED THEREIN 20020228001893 18. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: AND AMENDMENTS THERETO: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 APRIL 20, 2000 20000420000998 LATECOMERS AGREEMENT NOVEMBER 13, 2002 20021115001942 Page 5 of 10 Order No20032764 19. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SHAMROCK HIGHLANDS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: RICHARD J. POWERS, ATTORNEY AT LAW BENEFICIARY: BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY ADDRESS: 411 108TH AVE. N.E., #1970, BELLEVUE, WA 98004 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $3,500,000.00 DATED: OCTOBER 1, 2001 RECORDED: OCTOBER 9, 2001 RECORDING NO.: 20011009002308 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: PROVIDING FOR: AUGUST 15, 2002 20020815000404 ADDITIONAL ADVANCE OF $500,000.00 THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: DECEMBER 31,2002 20021231002396 PROVIDING FOR: ADDITIONAL ADVANCE OF $1,000,000.00 AND AMENDING LEGAL TO INCLUDE ADDITIONAL PROPERTY SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NO.: JULY 29, 2004 SEPTEMBER 28, 2004 20040928001366, WHICH IS A RE-RECORD OF 20040813000485 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 6 of 10 Order No20032764 20. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC., A WASHINGTON LIMITED LIABILITY COMPANY TRANSNATION TITLE INSURANCE COMPANY PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY 12409 148TH S.E., RENTON, WA 98059 NOT DISCLOSED $525,000.00 OCTOBER 5, 2001 OCTOBER 9, 2001 20011009002309 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) SUBORDINATION AGREEMENT WHICH DECLARES THAT THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002309 IS SUBORDINATE TO THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009.002308. SUBORDINATOR: LENDER: RECORDED: RECORDING NO.: PATRICK HUNSAKER AND ANNE MARIE HUNSAKER, HUSBAND AND WIFE; JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE; TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE; BRIAN MORRISON AND CORA MORRISON,· HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE; KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE; AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY OCTOBER 9, 2001 20011009002311 SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: . BY AGREEMENT DATED: RECORDED: RECORDING NO.: JULY 29, 2004 AUGUST 13, 2004 20040813000486 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 7 of 10 Order No20032764 21. ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREEMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS LLC, A WASHINGTON LIMITED LIABILITY COMPANY J. P. HUN, LLC., A WASHINGTON LIMITED LIABILITY COMPANY, AND PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE OCTOBER 5, 2001 OCTOBER 9, 2001 20011009002310 22. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: J. P. HUN LLC, ET AL, SECURED CREDITORS; PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE SHAMROCK HIGHLANDS LLC FIXTURES ("PERSONAL PROPERTY") OCTOBER 9,2001 20011009002312 23. ASSIGNMENT OF DEED OF TRUST GIVEN IN THE FORM OF A SECURITY DEVICE AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY U.S. BANK NATIONAL ASSOCIATION OCTOBER 26, 2001 20011026001657 Page 8 of 10 24. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC PRLAP, INC. BANK OF AMERICA, N.A. $11,336,250.00 JULY 29, 2004 AUGUST 13, 2004 20040813000484 THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: OCTOBER 18, 2004 RECORDING NO.: 20041018002418 PROVIDING FOR: ADDITIONAL ADVANCE OF $1,968,750.00 SSS/CSS Subdivision Guarantee GNT004 Order No20032764 Page 9 of 10 Order No.: 20032764 EXHIBIT "A" PARCEL A: THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FI;ET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; , EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 1. 2. 1. 2. 3. 4. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: . . (a) Defects, liens, encumbrances, adverse claims or other matters agamst the litle, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authOrity that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the foltowing: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the litle to any property beyond the lines of the land expressly descnbed In the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or litle to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, nghts or easements are expressly and specifically set forth in said descriplion. (b) Defects, liens, encumbrances, adverse ciaims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any JudiCIal or non.judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. .. (d) The validity, legal effect or priority of any matter shown or referred to m thiS Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms. The following tenns when used in the Guarantee mean; (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, litle, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) . "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. Notice of Claim to be Given by Assured Claimarrt. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company. then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its soie option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or deSirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the tenns of this Guarant~, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse Judgment or order. (d) in all Cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) 5. 6. 7. 8. of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage Signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitule the baSis of loss or damage and shall state, to the extenl possible, the basis of calculaling the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addilion, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be deSignated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informalion from third parties as required in the above paragraph .. unless prohibited by law or governmental regulalion, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the follOwing additional options: (a) To Payor Tender Payment of the Amount of Uability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to punchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to .the Company for cancellation. (b ) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary foss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Seelion 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect. lien or encumbrance assured against by this Guarantee. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation. and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. • • -. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without produdng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Setttement. Whenever the Company shall have seWed and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its prindpal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee. any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000.000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) LandAmerica Transnation Camwest Development 9720 NE 20th Pl., #100 Kirkland, WA 98034 REFERENCE NO: / Order No.: 20032764 Liability: Charge: Tax: Total: THIRD SUBDIVISION GUARANTEE 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-8576 $10,000.00 $ 200.00 $ 17.60 $ 217.60 Subject .to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: February 28, 2005 Transnation Title Insurance Company ~ Subdivision Guarantee GNT004 ClTYOFRENWN REC,~~VED MAR 2·~ 2005 , BUILDING DIVISION Page 1 of 10 · : Order No.: 20032764 SCHEDULE A 1. Name of Assured: Camwest Development and Shamrock Highlands L.L.c. 2. Date of Guarantee: February 28, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Shamrock Highlands, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING UENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES OR ASSESSMENTS ON LAND OR BY THE PUBUC RECORDS. 2. (A) UNPATENTEDMINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT UMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBUC RECORDS. 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DEUNQUENCY: ' (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DEUNQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 BILLED $6,104.55 1023059040 PAID $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2163 BALANCE $6,104.55 $6,104.55. ASSESSEP VALUE LAND: $542,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL A) 4. UABIUTY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. Subdivision Guarantee GNT004 Page 2 of 10 . , 5. Order No20032764 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 1023059304 BILLED PAID $332.07 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $332.07. LEVY CODE: 2163 ASSESSED VALUE LAND: $28,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL B) BALANCE $332.07 6. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 7. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: RECORDED: RECORDING NO.: CITY OF RENTON JUNE 21, 1996 9606210966 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 305589 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: POWER AND LIGHT POLES THE DESCRIPTION CONTAINEDTHEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED 2794410 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NOS. 5755891 AND 5755892. 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: . RECORDING NO.: Subdivision Guarantee GNT004 KING COUNTY, A MUNICIPAL CORPORATION UTILITIES SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN 5767638 Page 3 of 10 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET OF THE WEST 40 FEET 8711300920 Order No20032764 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000508 AND 20010426000238. 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY SOUTH 5 FEET 8711300921 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000506 AND 20010426000236. 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTILITIES AND DRAINAGE FACILITY EAST 65 FEET OF THE SOUTH 200 FEET 8711300922 THE GRANTEE'S INTEREST IS NOW HELD BY.CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000507 AND 20010426000237. 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220452 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310868. Subdivision Guarantee GNT004 Page 4 of 10 Order No20032764 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SOUTH 10 FEET 8807220453 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310869. (COVERS PARCEL A) 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: TEMPORARY ACCESS AS DESCRIBED THEREIN 20020228001893 18. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: AND AMENDMENTS THERETO: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 APRIL 20, 2000 20000420000998 LATECOMERS AGREEMENT NOVEMBER 13, 2002 20021115001942 Page 5 of 10 Order No20032764 19. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SHAMROCK HIGHLANDS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: RICHARD J. POWERS, ATTORNEY AT LAW BENEFICIARY: BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY ADDRESS: 411 108TH AVE. N.E., #1970, BELLEVUE, WA 98004 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $3,500,000.00 DATED: OCTOBER 1, 2001 RECORDED: OCTOBER 9,2001 RECORDING NO.: 20011009002308 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: PROVIDING FOR: AUGUST 15, 2002 20020815000404 ADDITIONAL ADVANCE OF $500,000.00 THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: DECEMBER 31,2002 20021231002396 PROVIDING FOR: ADDITIONAL ADVANCE OF $1,000,000.00 AND AMENDING LEGAL TO INCLUDE ADDITIONAL PROPERTY SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: JULY 29, 2004 RECORDED: . SEPTEMBER 28,2004 RECORDING NO.: 200409280013/56, WHICH IS A RE-RECORD OF 20040813000485 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 6 of 10 Order No20032764 20. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC., A WASHINGTON LIMITED LIABILITY COMPANY TRANSNATION TITLE INSURANCE COMPANY PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY 12409 148TH S.E., RENTON, WA 98059 NOT DISCLOSED $525,000.00 OCTOBER 5,2001 OCTOBER 9, 2001 20011009002309 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) SUBORDINATION AGREEMENT WHICH DECLARES THAT THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002309 IS SUBORDINATE TO THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002308. SUBORDINATOR: LENDER: RECORDED: RECORDING NO.: PATRICK HUNSAKER AND ANNE MARIE HUNSAKER, HUSBAND AND WIFE; JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE; TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE; BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE; KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE; AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY OCTOBER 9, 2001 20011009002311 SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED: JULY 29,2004 RECORDED: AUGUST 13, 2004 RECORDING NO.: 20040813000486 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 7 of 10 Order No20032764 21. ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREEMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS LLC, A WASHINGTON LIMITED LIABILITY COMPANY J. P. HUN, LLC., A WASHINGTON LIMITED LIABILITY COMPANY, AND PATRICK HUNSAKER AND ANN ,MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE OCTOBER 5,2001 OCTOBER 9, 2001 20011009002310 22. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: J. P. HUN LLC, ET AL, SECURED CREDITORS; PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE SHAMROCK HIGHLANDS LI:-C FIXTURES ("PERSONAL PROPERTY") OCTOBER 9,2001 20011009002312 23. ASSIGNMENT OF DEED OF TRUST GIVEN IN THE FORM OF A SECURITY DEVICE AND THE TERMS AND CONDITIONS THEREOF: . , ASSIGNOR: ASSIGNEE: RECORDED: . RECORDING NO.: Subdivision Guarantee GNT004 BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY U.S. BANK NATIONAL ASSOCIATION OCTOBER 26,2001 20011026001657 Page 8 of 10 24. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC PRLAP, INC. BANK OF AMERICA, N.A. $11,336,250.00 JULY 29,2004 AUGUST 13, 2004 20040813000484 THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: OCTOBER 18, 2004 RECORDING NO.: 20041018002418 PROVIDING FOR: ADDITIONAL ADVANCE OF $1,968,750.00 SSS/CSS Subdivision Guarantee GNT004 Order No20032764 Page 9 of 10 Order No.: 20032764 EXHIBIT "A" PARCEL A: THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specffic assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters against the title, whether or not shown by the pubtic records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters exduded under (1) or (2) are shown by the records of the taxing authOrity or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, daims or title to water, whether or not the matters exduded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specffic assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or tiUe to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DefinlUon of Tenna. The following terms when used in the Guarantee mean; , (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not indude any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trusl trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowiedge. (e) "date": the effective date. 2. NoUce of Claim to be Given by Assured Claimant. An Assured shall notify the Company prompUy In writing In case knowiedge shall come to an Assuned hereunder of any daim of tiUe or interest which is adverse to the tille to the estate or interesl as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assuned under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assuned is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's OpUon to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. ," " Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or desirable to establish the tiUe to the estate or interest as stated herein, or to establish the lien rights of the Assurlid, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable heneunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, It shall do so diligenUy. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assuned to object for reasonable cause) to represent the Assuned and shan not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covened by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction a~d expressly reserves the right, in its sole discretion, to appeal from an adverse Judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assuned shall secure to the Company the nght to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the Opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the tiUe to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the mailers covered by this Guarantee which constitute the basiS of loss or damage and shall state, to the extent possible, Ihe basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss Or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in Writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custOdy or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disdosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the daim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that daim. 6. Options to Payor Otherwise SelUe Claims: TermlnaUon of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Uability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any daim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon. together with any costs, reasonable attorneys' fees and expenses incurred by the Assuned daimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assuned the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the'Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than .. to make the payment required in that paragraph, shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shan, be surrendered to the Company for cancellation. (b) To Payor Otherwise SeWe With Parties Other Than the Assured or With the Assuned Claimant To pay or otherwise settle with other parties for or in the name o{ an Assured daimant any daim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assuned daimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assuned under this Guarantee for the daimed loss or damage, other than to rreke the Payment required in that paragraph shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DetermlnaUon and Extent of Liability. This Guarantee is a contract of Indermity against actual monetary loss or damage sustained or incurred by the Assured daimant who, has suffened loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exdusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assuned shall not exceed the least of: (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assuned mortgagee, as limited or provided under Section 6 of these Conditions' and Stipulations or as reduced under Section 9 of these CondiUons and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covened hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. LImitation of LIability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or'cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, induding litigation and the completion of any appeals therefrom. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. .' , CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent the Company shall have no liability for loss or damage until there has been a Final deterrrination by a court of competent jurisdiction, and disposiUon of all appeals therefrom. adverse to the tiUe, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in selUing any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability, All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment untess the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11, Subrogation Upon Payment or Settlement. Whenever the Company shall have setUed and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffeded by any act of the Assured claimant. The Company shall be subrogated to and be entiUed to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall perrrit the Company to sue, compromise or selUe in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the TiUe Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attomeys' fees only if the laWs of the state in which the land is located perrrits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the TiUe Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14, Notices, Where SenL . All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department. P.O. Box 27567. Richmond, Virginia 23261-7567, CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) ,. " , City of Renton InterOffice" Memo DATE: May 2, 2005 TO: Sonja Fesser FROM: Juliana Fries x: 7278 SUBJECT: Shamrock Heights II Plat -revisions Sonja, Attached are the revisions for Shamrock Heights II Plat .. Please let me know if I should bring the approval slip. 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I ' ~ :.s.w:'1'~~ -..:ft-::-----:C ----:-J --------~:-;;t ~~:c2j-.. ..."...... y x 240;:' U1IJTY [AS[IIENT • I - 10 ICINC COUNtY Ii' ~.u.~ HE 4TH ST V1 • \ I N88"21'07"w yJ\ 330.34' .oJ .oW ... _ .. -.. -.. -.. -.... -.. -.. -.. -.. -.. -.. _ .. -.. -.. -.. -.-L :r x 3JQ:t'U1IJTY&DRAIN EASEMENT 10 a1Y OF'1IEJfTtII • " -•• _ •• -•• -•• -" -•• ~BE~~z:'~:~ r-Il-;:-----:~:I!..~I:':.:_: .... :IE; ... -'r=~i= .a~;;~;;::.;. ';';';';';.;.~ ~o~ TRIAD ~:'= 1/i>'""a' ~ ~ ~CIATEI 1IlO.4III.07515,*_ '-a . ~ ---~~ ~ LEGAL DESCRIPTION PARCEL A: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION la, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION la, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY 'FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON . . .. ~'~.. . . . ' ... '. . .. ".. . .. ' ",' :, - ~----- LEGAL DESCRIPTION PARCEL A: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH,RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET 8Y DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET 8Y DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING. STATE OF WASHINGTON. / CITy.,F RENTON. Kathy Keolker~Wheeler, Mayor PlanningIBuildingIPublic Works Department . Gregg Zimmerman P.E., AdOiinistrator April 13, 2005 . Sara Slatten Camwest Development . 9720 NE 120th Place -Suite #100 Kirkland,WA 98034 SUBJECT: Dear Sara, SHAMROCK HEIGHTSn FINAL PLAT LUA 04-148 ':"11 SINGLE FAMILY LOTS 2ND REVIEW , Staff has completed their 2nd -review review' of the above subject II-lot . plat arid has macfe the . folloWing comments. Once youQave <::ompl~te.<i t.herevisions please'resubniit three bluelines to. , '. myoffice. . .,' Final Plat Recording Concerns':' 1. The 15' public se\V~r easement,Iloted:on Trac;t R, should be shown as a dashed line,not a . solid line (Sheet 4 of 4). ' " . , . . -'. . . 2. The references to the volume ("VOL-XX") ;tnd page ("PAGE(S) XX") of the subject plat do not need to be made for '~he IO'pIivate storm drainage easements, as shown on proposed Lot 11 (Sheet4 of4)~', ' " 3~ See'the attachments for circled items that need 'to be corrected. ' 4. ,Compiete City of Renton Monument Cards, with reference points of all new right-of-way monuments set aspart of the plat ' . : . . . 5 .. "GENERAL NOTES" ItemNos. 18,21 and 22 can be removed from Sheet 2 'of 4 and replaced with a note stating that the easements at issue will be released by the recording of ~~~~ " " 6. The easement noted across the south,15' of Lots 4, 5 and 6 (Sheet 4 of 4) appears to extend into the adjacent property to the west. That portion not withiri the boundary line of the subject plat is not part of the plat and should be removed .. There is an existitlg Public Utilities Easement on the adjacent propertY that ,does not confoml.to what is shown.' 7. PleaSe submit a Plat Certificate, to be dated within the 45-:days time frame prior to City Council action (approval) on the subject plat. -~-----"-----~., RENTON " ~ 055 South Grady Way -Renton, Washington 98055 * This paper contains 50% recyded mate';;'l; 30% post consumer AHEAD OF THE CURVE 2 . . Plan Review Final Plat COlnments: 8. It appears that there isa different configuration forLot 10 for the approved Clear and Grading plan: (from, the plat map a few trees that are supposedto be in the buffer were incorporated to the lot). Please note conditions 2 and 8 of the Hearing Examiner letter . dated July 1,2004. .' '. .' . . . . . .' .' . . '. : . , .'. 9: ldid'n~treceive revisions(coil11m;~ts regarding comments No. 31-45 ih~y letter·to you . dated January 5, 2005.' . '". -. . If you haveanyquestiohs,'please contact me at425-430~ 7278 .. Thank you fotyourcobperation. Sincerely, cc: Kayten Kittrick Lua 04-148 . ";, . I" • -. , . DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 7, 2005 Juliana Fries Sonja J. Fesser p{ Shamrock Heights II Plat, LUA-04-148-FP Format and Legal Description Review Bob Mac Onie and I.have reviewed the above referenced final plat submittal and have the following comments: Comments for the'Applicant: The 15' public sewer easement, noted on Tract R, should be shown as a dashed line, not a solid line (Sheet 4 of 4). The references to the volume ("VOL. XX") and page ("PAGE(S) XX") of the subject plat do not need to be made for the 10' private storm drainage easements, as shown on proposed Lot 11 (Sheet 4 of 4). See the attachment! for circled itemsithat need to be corrected. \ Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. "GENERAL NOTES" Item Nos. 18,21 and 22 can be removed from Sheet 2 of 4 and replaced with a note stating that the easements at issue will be released by the recording of the subject plat. The easement noted across the south 15' of Lots 4,5 and 6 (Sheet 4 of 4) appears to extend into the adjacent property to the west. That portion not within the boundary line of the subject plat is not part of the plat and should be removed. There is an existing Public Utilities Easement on the adjacent property that does not conform to what is shown. \H:\Fiie Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\04I3\RV050404.<!oc , ~ j-' April 7, 2005 . Page 2 Comments for the Project Manager: If said plat has not already been approved by the City Council, ask for an updated Plat Certificate, to be dated within the 45-days time frame prior to City Council action (approval) on the subject plat. . Note (in the recording instructions) that cross-referencing is needed for this plat. The recording numbers of the Declaration of Protective Covenants document and the Shamrock Heights Community Organization document need to be noted under the "COVENANTS" block on Sheet 1 of 4. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0413\RV050404.doc\cor THF: EAST.1 /2 OF THE SOUTHWEST 1/~' THE SOUTHEAST 1/4 OF THE SOUTHEal4 OF SECTION 10. ~SH.IP, 23 NORTH. RANGE 5 EAST ,. .. EXCEPT THE EAST 100 FEET OF THE SOU 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON. COUNTY OF KING. STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH. RANGE 5 EAST W.M.; . EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON. COUNTY OF KING, STATE OF WASHINGTON. EASEMENT PROVISIONS 1. AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON. WATER DISTRICT NO. 90. PUGET SOUND ENERGY. VERIZON AND COM CAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. UNDER AND UPON THE EXTERIOR 10 FEET PARALlEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO LAY. CONSTRUCT. RENEW. OPERATE AND MAINTAIN UNDERGROUND CONDUITS. CABlE, PIPELINE AND WIRES, WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH WATER. ELECTRIC. TELEPHONE. GAS. CABLE TV OR INTERNET SERVICE. SEWER AND WATER. TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALl BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAl CONDITION OF UTILITY. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. TELEPHONE OR CABLE TV SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. PRIVATE DRAINAGE EASEMENT COVENANT: THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH EASEMENTS SHOWN AS ·PRIVATE", HEREBY GRANT AND CONVEY TO THE CITY OF RENTON. A MUNICIPALITY CORPORATION OF KING COUNTY. THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE ENGINEERING PlANS APPROVED FOR THIS PLAT BY THE CITY OF RENTON. TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS), TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF OBSERVING THAT THE OWNERS ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED THEREIN. THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING. MAINTAINING AND REPAIRING THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY REQUIRED PERMITS FROM THE CITY OF RENTON PRIOR TO FILLING. PIPING. CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH ~. ,CHANNELS. DITCHES. PONDS ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO mE ~AINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE PROPERTY. THEIR HEIRS, SUCCESSORS AND ASSIGNS. 3. CITY OF RENTON DRAINAGE EASEMENT AND COVENANT: ALL DRAINAGE EASEMENTS WITHIN THIS PLAT NOT SHOWN AS PRIVATE ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON. A MUNICIPALITY CORPORATION OF KING COUNTY. FOR THE PURPOSE OF CONVEYING, STORING. MANAGING AND FACILITATING STORM AND SURFACE WATER PER THE PLANS APPROVED FOR THIS PLAT BY THE CITY OF RENTON. TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF INSPECTING. OPERATING, MAINTAINING. REPAIRING AND IMPROVING THE DRAINAGE FACILITIES CONTAINED THEREIN. NOTE THAT EXCEPT FOR THE FACILITIES WHICH HAVE BEEN FORM ALL Y ACCEPTED FOR MAINTENANCE BY THE CITY OF RENTON. MAINTENANCE OF DRAINAGE FACILITIES ON PRIVATE PROPERTY IS THE RESPONSIBILITY OF THE PROPERTY OWNER. THE OWNERS OF SAID PRIVATE PROPERTY ARE REQUIRED TO OBTAIN WRITTEN APPROVAL FROM THE CITY OF RENTON AND ANY REQUIRED PERMITS FROM RENTON DEVELOPMENT SERVICES PRIOR TO FILLING, PIPING. CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES. CHANNELS, DITCHES. PONDS. ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS EASEMENT AND COVENANT IS INTENDED TO FACILITATE REASONABLE ACCESS FOR THE OPERATION. MAINTENANCE. REPAIR AND RECONSTRUCTION OF THE DRAINAGE FACILITIES. THIS EASEMENT AND COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE PROPERTY. THEIR HEIRS. SUCCESSORS AND ASSIGNS. 2. PROPERTY CORNERS SHALL BE SET AS FOLLOWS UNLESS OTHERWISE SPECIFIED. A) SET 1/2" x 24" REBAR WITH CAP "LS NO. 19586" ON LOT AND TRACT LINES 20 FEET FROM THE FRONT LOT AND TRACT CORNERS. • B) LEAD AND TACKS ON CONCRETE CURB AT THE EXTENSION OF THE SlOE LINES OF THE LOTS AND TRACTS. C) SET 1/2" x 24" REBAR WITH CAP "LS NO. 19586" AT ALL REAR LOT AND TRACT CORNERS. D) STANDARD CITY OF RENTON MONUMENT IN CASE TO BE SET AS INDICATED. d~~~~~~5~E OWNED AND MAINTAINED BY THE ABUTTING LOT OWNERS OR THE SHAMROCK HEIGHTS 4. RESTRICTIONS FOR SENSITIVE AREA AND SENSITIVE AREA BUFFERS THE SENSITIVE AREA TRACT/SENSITIVE AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/SENSITIVE AREA AND BUFFER THE OBLIGATION. ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON. TO LEAVE UNDISTURBED All TREES AND OTHER VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER. THE VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER MAY NOT BE CUT. PRUNED. COVERED BY FILL. REMOVED OR DAMAGED WITHOUT APPROVAl IN WRITING FROM THE RENTON DEVELOPMENT SERVICES OR ITS SUCCESSOR AGENCY. UNLESS OTHERWISE PROVIDED BY LAW. 5. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY. CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 6. ALL BUILDING DOWN SPOUTS. FOOTING DRAINS. AND DRAINS FROM ALl IMPERVIOUS SURFACES SUCH AS PATIOS AND . DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTlET AS SHOWN ON THE APPROVED CONSTRUCTION . DRAWINGS ON FILE WITH RENTON DEVELOPMENT . SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR, TO FINAL BUILDING INSPECTION APPROVAL .' 7. TRACT "E" IS A NATIVE GROWTH PROTECTION AREA TRACT AND IS HEREBY CONVEYED TO THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION AND SHALL BE MAINTAINED BY THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION. , 8. TRACT "R" IS A DRAINAGE AND UTILITY TRACT, HEREBY CONVEYED TO THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION AND SHALL BE MAINTAINED BY THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION. 9. THE 15' PUBLIC UTILITY EASEMENT OVER PORTIONS OF LOTS 4. 5 AND 6 IS HEREBY CONVEYED TO THE CITY OF RENTON UPON RECORDING OF THIS PLAT. 10. THE 26' PRIVATE UTILITY AND ACCESS EASEMENT OVER PORTIONS OF LOTS 4 AND 5 IS FOR THE BENEFIT OF LOTS 5 AND 6. THE OWNERS OF LOTS 5 AND 6 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE FACILITIES LOCATED THEREIN. 100. A 26' WIDE FIRE ACCESS EASEMENT OVER PORTIONS OF LOTS 4 AND 5 IS HEREBY CONVEYED TO THE CITY OF RENTON UPON THE RECORDING OF THIS PLAT. 11. THE 10' PUBLIC STORM DRAINAGE EASEMENT OVER PORTIONS OF LOTS 6, 7 AND TRACT E IS HEREBY CONVEYED TO THE CITY OF RENTON. . 12. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN' LOT 8 IS FOR THE BENEFIT OF LOT 9. THE OWNERS OF LOT 9 SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOT 9. 13. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN LOTS 34. 35. 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHl'S I AND WITHIN LOT 11 OF THIS PLAT IS FOR THE BENEFIT OF LOTS 33. 34. 35. 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. THE OWNERS OF LOTS 33. 34. 35, 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOTS 33, 34. 35. 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. 14. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN LOT 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND WITHIN LOT 11 OF THIS PLAT IS FOR THE BENEFIT OF LOTS 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. THE OWNERS OF LOTS 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOTS 36 AND 37 OF THE PROPOSED PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. 15. THE SANITARY SEWER EASEMENTS SHOWN HEREON ARE CONVEYED TO THE CITY OF RENTON UPON THE RECORDING OF THIS PLAT. 16. UPON THE RECORDING OF THIS PLAT. TRACT E AND TRACT R. A NATIVE GROWTH PROTECTION AREA TRACT AND STORM DETENTION TRACT. RESPECTIVELY. ARE HEREBY GRANTED AND CONVEYED TO THE THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACTS WILL BE THE RESPONSIBILITY OF THE THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION. IN THE EVENT THAT THE THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS. AS EVIDENCED BY NONPAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS. THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE SHAMROCK HEIGHTS COMMUNITY ORGANIZATION AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. 17. THIS PROPERTY SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO PUGET SOUND --------.--..... ----------..... _--.... _. ___ n·"" r-II r-.. In oon""""nAC:'"2' , • City of Renton InterOffice Memo DATE: March 24, 2005 TO: Sonja Fesser FROM: Juliana Fries x: 7278 ,.1.1' 'SUBJECT: Shamrock Heights Final Plat - 2nd sub~ittal Sonja, Attached is the revised drawings for Shamrock Heights Plat. '. "-.' Please review and let me know if I should bring the approval slip. Thanks Juliana C:\Hard work\Forms\MEMO Sonja_2t.doc\cor .,:, " : .~ 1~9061 ""pl.omtD SHAMROCK HEIGHTS II G POA SE 1/4 OF ne SE 1/4. 8EC11ON 10, lWP, 23M, FlOE E. WM. ICNl ccum'. WAStRlTON (PRCPostD PL~' Of SHAMROCK HDCHTS I) -00_ 00_ 00_ 0 0 --.......I,-mar:=r-TT .... -:'M~JIO~.:-__ -i-1\ .. -.. _ .. -'tIIMVAJI.,.."" "-"-"-"-"- 10' PUBUC SiORW EASDWlT ... HOlE 11. SHEET 2 102.JO'Q041 Coo ~ Iii .. ~<1'.:.o l! ~~". .. """~ .!! .p.- ~ , 10' PUBUC SToRy EASEMENT ... H01£ n. Sl-lEIT 2 WA-04-148"'-FP 1.11)-10-0413 I I lRACT E " ... SEE NOlES 4 a: 7. SHUT 2 i~ i-s lID ..... -..,rarw ...".."." 5 &~ BID 6 HD i- i i WEllANOS ....... 9 '\ I l11li Ie ~ 7~~l ..,rarw I I I; 4 BIJI I; J..5~ ___ -------..... -~ IIO"ITan 15' PUBUC unulY , ........ , 5[E HOl[ 9. SHUT 2 xl" I , ~;:; n":' f' II>" w z w > "' Go "' (/) I-~ t=..II. _____ +-IrUSDlDl'll ... P1LA1" ...... =r::.& Q.,", IIUI' w .... ,... , \ \ , 11° r ~I ~I -I ;..----... ..... _---" 1 BD - 2 III :5 III ------, , II liII....EI... Al:Btli 'ff LOT 1 _ 7,544 0.17 LOT 2 -7,4118 0.17 LOT 3 • 7,i27 0.'15 LOT 4 • 10.315 0.24 LOT 5 -8.364 0.11 • lOT I -1,4D1i1 0.111 LOT 7 • 7,201 0.17 LOT IS _ 7,32' 0.17 10' 311 ~ III in § 1,0 LOT • -8,773 Q.20 lOT 10 -7.2'81 0.17 LOT 11 _ 10,31'11 0.24 ROW AREA-31,710 0.73 TRACl [ -14.8151 0.34 TRACt R -66.203 1.52 TOTAl. • 203.720 4.68 l'(MP(RARY EASalENT TO aw Of RENTOII REC. NO. loo202Zaocnai3 1Dn.tINA TED lPQN RECtROING or TItS PLAT .. .2 ., SCALE: 1· = 40' r ii _cr_ N88"2"orw ~G 1HE sotmf LINE CF lHE SOI.I1HEAST OUARTtR or SEClION '0. TOWGiP 2JN.. RANGE :IE.. ..... & MtM.IWDfT TO BE SET LOT aRN£R 10 BE SET o FOUND LDT canmI AS HOlED 181 lOT ADDRESS <D ~~nu~~T SlaT 2 ® ~~=,r-~u~ ~ AMM' IIII L£IIIiIlI IUIiIIIli .QJEM. ~.BAWL.!S DIL1A L48:l.48" NBS"21·~. C74 44.64' 479.00' 6-~'20'21- L47 13.00" SOO"1~'2rW C7S 53.37' 1521.00' 6-S-s2'oe" L48 13.00" SDO"I~'2rW cn 52.64' 13.00' 6-91'23'27- ~7 17.69' SBr.a2'54L cn 34.1J' :53.00' .:.-88·J6'33- L5B 9.11' N89"29"44-W C1V 43.04' 1521.00' .6-4'44'00" l5I a.at' S8t'21'44L em '-'1' 521.00' 6-0'J6"21- 1.60 16.38 S72'2O"1r£ L7~ Z1.oC NS2"25'I58'"t L7& ZtI.~ H&S'48"3S'"t ce1 4t.OT 471.00' .6-S"52'D!J" C82 $4.13' 35.00' 6-B8"J6'lJ" C83 52.64' nOD' 6-11"23'27" I .. _.oa:EIIS ......... r'l>" mACT R __ I:~D~~~" ... TO CITY Of RENTON .J ~~Ofi~E~T ~D~~~~3009~· ~ 1200' 20010426000237. ~C~Dt~~~ ,.:'~LA1. I unuTY 6: DRAIN EASEMENT TO Cln Of RENTON I TO 8£ RD-EASED UPON RECCRDlNG OF THIS Pl. ... 1 I I'D •• ~.nEC1RIC ~~~~~T~~.~~=20. I [ASEWENT TO P.s.P.L. 1 2001DII6000~ 2D010&26000218. TO BE I RE~ ~ _S:':=J[~ _ == u~ :~G Of nas PL.t.l. I ' r ___________ =====~===~~~~~~~= N88"21'07"W ,0 •• .. l77 30.42' NU'S5"~ C&4 31.16' 25.00' 6-lSi'4S"I1- L78 Jl.a:J' N74"54'$4C: CM 38.3IS' aDO' ~iO'14'4e- l78 al3' NBn5'Je-w LBO 13.17 N4ns'4(j[ l101 1.00 NU'21'QTW lMS PROPERTY IS SUB.£C1 TO AN nEC'mIC lRANSWlSSlON lINE EASOIENT TO SNOQUAUO[ fAUS AND \IH1E R1'v£R PO'fI£R CQ,IP.t.NY PER RECORDING NO.~. 11£ OESCRIPlION CCNTA!N[D IN THE ooc::uwENT IS NOT SUfF1CIEN1 TO DETERMINE THE EXACT LOCAnoN Of lH£ EASEMENT. TtDS PROPERTY IS SUB.£CT TO A POKR AND UGtfr Pa..ES EASEMENT PER RECCRlING NO. 2794410. 1)£ DESCRIPnON CCN1A1NED IN THE DOCUIIIENT IS NOT SUFF1CENT TO OETERWINE 1H[ IDCACT LOCAnDN or 1KE EASDWlT • 10' x 100::1:' El.EC1'RIC EASEMEJfl 10 P.S.P.L REt. NO. ~loeu 6: BBD722D4ft2 'S x 2~02:' Uil.1TY E.t.S£W£NT _;11 10 ICING COONTY ~ o 0 _ 0 0 _ 0 0 _ 0 0 _ 0 "Co NO. '7'7'" NE 4TH ST I " x llQ:t' UTlJTY 6: DRAINAGE EASOIENl TO OlY OF RENlllN REt. NO. 87113OOi21. 20010116000508. 20010426000236 0-0 0-00 _ 0 0_ 00 _00_ 0 0_ 00-1-00_ 00 -"-"-0'_ .. _ .. _ .. _ .. - .JOB NO 01-159 SHEET 4 OF 4 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM May 17,2005 Juliana Fries Sonja J. Fesser;)Jet Shamrock Heights II Plat, LUA-04-148-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: The year ("2002") noted under the "KING COUNTY FINANCE DNISION CERTIFICATE" bock, on Sheet 1 of 4, needs to be updated. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. Item No. 25 under "GENERAL NOTES", on Sheet 2 of 4, ends with an extra word at the end ("OWNER"). Review and revise as needed. Comments for the Project Manager: If said plat has not already been approved by the City Council, ask for an updated Plat Certificate, to be dated within the 45-days time frame prior to City Council action (approval) on the subject plat. Note (in the recording instructions) that cross-referencing is needed for this plat. The recording numbers of the Declaration of Protective Covenants document and the Shamrock Heights Community Organization document need to be noted under the "COVENANTS" block on Sheet 1 of 4. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-l 0 -Plats\0413\R V050517 .doc July 26, 2004 Development Services: Park Place II Short Plat ROW Dedication, Smithers Ave S Human Resources: Probation Clerk & Airport Operations Specialist Grade Establishment Separate Consideration Item 6.f. Plat: Shamrock, NE 4th St,.~ 04-030 UNFINISHED BUSINESS Community Services Committee Community Services: Maplewood Golf Course Tournaments Organization Finance Committee Finance: Vouchers Renton City Council Minutes Page 248 Development Services Division recommended acceptance of the dedication of additional right-of-way at Smithers Ave. S. to fulfill a requirement ofthe Park Place II Short Plat (SHP-0,3-042). Council concur. Human Resources and Risk-Management Department recommended approval to establish the grade of a08 for the new Probation Clerk position (salary range $2,981 -$3,634); and the grade of a23 for the new Airport Operations Specialist position (salary range $4,318 -$5,258). The positions were approved via Ordinance 5072. Council concur. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMJ;NDED TO REMOVE ITEM 6.f. FOR SEPARATE CONSIDERATION. CARRIED. - Hearing Examiner recommended approval, with conditions, of the Shamrock Preliminary Plat; 11 single-family lots on 4.68 acres located at the 5500 block of NE 4th St. (pP-04-030). Councilwoman Briere expressed her concern that while landscaping is required for the plat's perimeter, ongoing maintenance of that landscaping is not specifically addressed. She noted some problems with the maintenance of landscaping at developments along the NE 4th St. corridor, and stated that she wants to make sure that a requirement is placed on this project regarding landscape maintenance. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL APPROVE THE SHAMROCK PRELIMINARY PLAT.* Council President Persson affmned that the record now shows it is the intent of staff to have the plantings maintained. *MOTION CARRIED. Community Services Committee Chair Nelson presented a report regarding the organization of Maplewood Golf Course tournaments. The Committee recommended concurrence in the staff recommendation that golf course and restaurant personnel communicate more effectively to charity tournament groups about the variety of tournament booking options that could potentially . increase an event's net profit for their charity organization. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. * Councilwoman Nelson explained that golf course and concessionaire personnel are going to communicate more effectively with potential tournament holders by discussing all of the options such as available dates and menu choices, as well as what other area golf courses charge. *MOTION CARRIED. Finance Committee Vice Chair Law presented a report recommending approval of Claim Vouchers 228617 -229044 and two wire transfers totaling $2,860,017.46; and approval of Payroll Vouchers 51921 -52316, one wire transfer, and 614 direct deposits totaling $1,983,568.64. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITfEE REPORT. CARRIED. SHAMROCK HEIGHTS I rOL/PG POR SE 1/4 AND NE 1/4 OF lHE SE 1/4, SECTION 10, lWP. 23N., RGESE., W.M. DEDICA1l0N KING COUNTY, WASHINGTON KNOW ALL PEOPlE BY THESE PRESENTS. 'tHAT WE. THE UNDERSIGNED O'MIIERS or INlEREST IN THE LAND APPROVALS HEREBY SUBDI\"IOED, HEREBY DEQ.ARE THIS PLAT TO BE THE GRAPHIC REPRESENTAnC»f Of 11i£ SUBDIVISION MADE HERESY, AND 00 HEREBY DEDICATE TO THE USE or THE PUBUC fORE\'£R AU. STREElS AND AVENUES NOT SHOWN AS PRIvATE HEREON AND OEDICA 1E THE USE THEREOF FCA ALL PUBUC PURPOSES NOT wAImea OF DE't'B..CPIoSfI All) BM!OtMNTA!. I!BMC§t INCONSISTENT ¥11TH THE USE THEREOF FOR PUBUC HIGHWAY PURPOSES. AND A1..SO 'THE RIGHT TO MAKE AU. NECESSARY SLOPES FOR CUTS AND FlLLS UPON THE LOTS SHOWN mEREON IN THE ORIGINAL REASONABLf GRADING CE SAID STREETS AND A't£NUES. AND FURlliER DEDICATE TO 1HE USE OF' THE PUBUC ALL THE. EXAMINED AND APPRO\C) THIS _ DAY or EASEMENTS AND TRACTS SHQ'MII ON THtS PLAT FOR AU. PUBlIC PURPOSES AS INOICATED THEREON, INQ.1JOCNG ___ • 2005 A.D. BUT NOT UWITED TO PARKS, OPEN SPACE, UllUlIES AND DRAINAGE UNL£SS SUO! EASatENTS OR TRACTS ARE SPEonCA1.1.Y 1000llFJED ON nus PlAT AS QDNG DEDICATED OR CONVEYED TO A PERSON OR ENllTY OTHER THAN TH£ PUSUC. IN WHICH CASE WE DO HEREBY DEDICAl£ SlJQi SlREETS. EASEMENTS, OR TRACTS TO lHE PERSON OR ENlliY IDENTIFIED AND FOR THE PURPOSE STAlED. DEVElOPMENT ENCtNEER FURniER. THE UNDERSIGNED OWNERS Of THE LAND HEREBY SUBDIW>ED. wAl\€ FOR THEMSELVES. THEIR HEIRS AND ASSICJoIS AND AHY PERSON ~ ENTITY DERt'YING llllE FROtot THE UNDERSIGNED. ANY AND AlL CLAIMS FOR EXAMINED AND APPROVED THIS _ DAY OF ___ • 2005 A.D. DAMAGES AGAINST KING COUNTY, Irs SUCCESSORS AND ASSIGNS 'ltHIQi MAY BE OCCASIONED BY THE ESTABLISHMENT. ~STRUcnON. OR MAiNlENANCE OF ROADS AND/OR DRAINAGE SYSTEIIIS MTHIN THIS SUBDIVISION OTHER THAN Q..AIMS RESULTING FROtot INADEQUATE MAINTENANCE BY KING COUNTY. MANAGER LAND USE SERVICES OMSION FURTHER. THE UNDERSIGNED OWNERS Of THE lAND HEREBY SUBOlW>ED. AGREE F'OR THalSEL\'£S, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOlD KING COUNTY, ITs SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY KIQ 00!IfTY PEPARNEHT OF .-ftlJB DAMAGE. INQ.UOING ANY COSTS OF DEFENSE, CLAlt.CED BY PERSQ\IS WITHIN OR Yt1TttOUT lHlS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS or THE GROUND SURFACE. 'VEGETATION. DRAINAGE. OR SURFACE OR SUBSURFACE WAlER FLOWS WITHIN THIS SUBDIVISION OR BY ESTASUSHM04T. CONSlRUCTION OR MAINTENANCE EXANINEO AND APPRO\U) lHlS _ DAY OF ___ .2005 A.D. or THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WA/'v£R AND INOOOOFlCATION SHAlL. NOT BE CONSlRUED AS REl£ASING KtNG COUNTY. rT'S SUCCESSORS OR ASSlGN5, FROM UABn.ITY FOR DAMAGES. INCLUDING THE COST OF DEFENSE. RESULTING IN ¥MOLE OR IN PART FROM THE NEGlIGENCE OF KING COUNTY. liS SUCCESSORS at ASSIGNS. KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR THIS SUBDIVISION, DEDICATION, WAIVER Of Q.AlMS AND AGREEWENT TO HOLD HARMLESS IS MADE Yt1TH lHE FREE COOSENT AND IN ACCORDANCE 'MTH THE OES1RE5 OF SAID OY«llERS. ACCOUNT NUMBERS: IN \!IllNESS '*IEREOf WE HAVE SET OUR HANDS AND SEALS. SHANROCK HIGHlANDS LLC PRLAP. INC. A WASHINGTON UW1EO UABIUlY COWPANY A WASHINGTON CQRPORAllON !CIQ COUNTY CC!IQ. EXAMINED AND APPROVED THIS _ DAY Of ___ , 2005 .... 0. IOOIXJOO(X ATTEST: QoIAiRPER~, KING COUNTY COUNOL Q.ERK Of THE COUNCIL KIQ COLMY FINANCE DMIICH CSlIHCAIJ; ACKNOWLEDGMENTS I HEREBY CERTlFY THAT AU. PROPERTY TAXES ARE PAID. THAT THERE ARE NO DEUNQUENT STATE or ) SPEClAI.. ASSESSWENlS CERllFlEO TO THIS OFFlCE FOR ca.LECllDN. AND THAT AlL SP£OAL ASSESSWENlS C£RllFlED fOR COll£CllON ON ANY OF THE PROPERlY HERDN CONTAINED )SS DEDICATED AS SlREETS, EASEMENTS" TRACTS. OR FOR ANY OTHER PUBUC USE, ARE PAID IN FUI.L COUNTY OF ) DAlEO ntiS __ DAY OF _. ___ • 2D04 .... 0. I CERliFY THAT I KNOW OR HAVE SATISfACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT. ON OATH STATED lliAT __ WAS AUTHORIZED TO EXECUTE THIS MANAGER. KING COUNTY FlNANCE DIVISION DEPUTY INSTRUMENT AND ACKNotLEDGED 11 AS THE OF SHANROO< HWHLAHDS, LLC TO BE nlE FREE AND VOLUNTARY ACT Of SUOi PARlY FOR THE USES NoW PURPOSES MENllQNED IN lHE INSTRUMENT. Co~ DAm> 1-0 tCXM-?f. ~ SIGNATURE Of NOTARY PUBLIC PRINTED HAWE ;2 004 J:t:zCfood2S 11-TIlLE MY APPOINlWENT EXPIRES STATE Of ) ) 55 COUNTY Of ) I CERllFY THAT .. t KNOW OR HA'v'E SATlSf'ACTORY EVIDENCE THAT COUNlY RECORDING OmClAL'S INFORMATION BLOCK (WAC 332-130-:050) SIGNED iH1S INSTRUMENT, ON OATH STAlED THAT __ WAS AUlHOfUZED TO EXECUTE THIS LAND SURVEYOR'S CERTIFICATE INSTRUMENT AND ACKNOWLEDGED IT AS lHE OF PRLAP, INC TO BE lHE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN tHE INSlRUMENT. I HEREBY CERT1fY THAT THIS ANAl.. PLAT or SHAUROCK 1 IS BASm UPON AN AellJAL SURVEY AND SUBDI't1S1ON Of SECllON 10. TOWNSHIP 23 NORTH, RANGE 5 EAST, w ..... AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES, COURSES AND ANGLES ARE SHO'MIi THEREQN'CORRECTlY' DAlEO THAT THE MCJruMtNTS·'MLL BE SET AND LOT AND BLOCK CORH£RS v.1LL BE STAKED CORRECllY , SIGNATURE OF ON THE GROUND. AS CONSTRUCllON lS COt.CPl£T£O. EXCEPT AS NOTED. THAT I FULLY COWPUED NOTARY puBUC WITH PROVISIONS Of THE SlATE AND LOCAL. STA1UTES. AND REGULAllONS GOVERNING PlATTlNG. PRINTED NAME TIlLE tJ3-25-0S" MY APPOIN1\IENT EX?1RES l6f.~~ ~~ ~~4'% STATE OF WASHINGTON ) .:; :s.~ ) V/ NICK .... YINGER, ~ AL LAND COUNlY Of KING ) ~ SURVEYOR. CERllRCATE NO. 19586 TRIAD AS$()CMl[5 ON THIS DAY PERSONALLY APPEARED BEfORE ME ... D ~~ft~ I1B14 ,,5TH AVE. NE. HUSBAND AND 'MFE. SIGNED lHlS INSTRUMENT AND ACKNOwtEOGED IT TO BE THEIR FREE AND 0PIID:1.2!115 ~~~:~~G:!a98034 YOlUNTARY ACT FOR THE USES AND PURPOSES THEREIN MENllONf[) IN THE INSTRUIotENT. GIVEN UNDER MY HAND AND omaAL SEAL THIS _ DAY OF ___ ZDD5 RECORDING CERTIFICATE SIGNATURE OF RLED FOR RECORD AT THE REOUEST or THE KING COUNTY COUNCIl. THIS __ DAY or NOTARY PUBUC 200_ AT ___ MINUlES PAST --tL AND RECORDED IN PRINTED NAME \/OLUME ____ Of PlATS,·PAGE(S) RECORDS Of KING NOTARY PUBUC IN AND FOR THE STATE or WASHINGTON. COUNTY, WASHINGTON. RESmIHG AT, DIVISION Of RECORDS AND ELECllONS MY COMIdISSION EXPIRES MANAGER SUPERINTENDENT OF RECORDS RECORDING NO. < 0 /bRINJ 121121151hAwe.NE PORllON OF THE SE 1/4 AND NE 1/4 Of nIE SE 1/4. SECllON 10. TOWNSHIP 23 NORtH, RANGE 5 ~ K*Ind, WA. UIJ34.G23 EAST. v.tLLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON. -0 ! 425.821._ G) 425.1213&11 tax D.D.E.S. FILENO. L02POO14 1IOOAB.o7S6 tel rr. JOB NO 01-159 ---SHEET 1 OF 10 , SHAMROCK HEIGHTS I VOL/PG POR SE 1/4 AND NE 1/4 OF THE SE 1/4, SECTlON 10, lWP. 23N., AGE SE., WM KING COUNTY, WASHINGTON lEGAL DESCRIPTION PAACEL A.: THE NORTH 1/2 OF THE NORTH 1/2 Of THE SOUTH 1/2 OF THE NORll1 1/2 OF THE EAST 1/2 01 THE SOUlH£AST 1/4 or SECTION 10, TOWNSHlP 23 NORTH, RANGE 5. EAST W .... ; =~~~~ 2~~~imEss AND EGRESS 0'8 THE SOUTH .30 FEET OF SAID EAST 280 fEET; EXCEPT THAT PORTlON THEREOf FOR 148TH A\'£NUE SOUTHEAST RIGHT OF WAY: SlTUA 1[ IN THE COUNTY or KING. STATE OF WASHINGTON. PARCEl. B: THE SOUTH 1/2 OF THE NORTH 1/2 or THE SOUTH 1/2 OF THE NORTH 1/2 OF THE EAST 1/2 or THE SOUTHEAST 1/4 OF SECTION 10. 'TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.: EXCEPT COUNTY ROAD; SllUATE IN THE COUNTY OF KING. STAlE OF WASHINGTON. PARCEl. C: n-tE WEST 794 "F£ET or THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SClUTHEAST 1/4 OF SEClION 10, ro~SHIP 23 NORTH. RANGE 5 EAST W .... : SlnJA1[ IN THE COUNTY OF KING, STAlE OF WASHINGTON; AlSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT UHf AOJUSlloIENT NO. S9OM0351. PARCEL 0: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SClUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH. RANGE 5 EAST w .... : • AND EXCEPT THE 'A£ST 794 FEET lHEREOF'; AND EXCEPT THE EAST 230 FEET Of THE NOO:TH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE Of WASHINGTON, PARCEl E: THE NORlH 1/2 (F THE NORTHEAST 1/4 Of 1H[ SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 Of SECilON 10, TOWNSHIP ~~C~r,:~E~OR~5,ra1~ ~ Of THE EAST 302.15 fEET THEREOF: AND EXCEPT THAT PORTION lHEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY Of KING. STATE Of WASHINGTON. PARCtl F: THE NORTH 168.05 fEET or THE EAST 302.15 FEET Of THE NORTH 1/2 Of THE NORTHEAST 1/4 Of THE SOUTHEAST 1/4 OF THE SOOTHEAST 1/4 Of SECilON 10. TOWNSHIP 23 NORTH, RANGE 5 EAST W,M.; EXCEPT THAT PORTION THEREOf fOR 148TH "VENUE SOUTHEAST RIGHT or WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEl G: TH"T PORTION Of THE SOUTH 1/2 or THE NDRtHv.EST· 1/4 or THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 NORlH. RANGE :5 EAST W. 1.1., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1/2; THENCE NORTH 88"20''''''· v.£ST ALONG THE NORTH UNE Of SAID SOUTH 1/2. 50 fEET TO THE TRUE POINT Of' BEGINNING; THENCE CONTINUING NORTH S8"20' ..... " WEST, 216.94 fEET; THENCE SOUTH 00"15'25· WEST PARALlfl. 'MTH THE EAST UNE Of SAID SOUTH 1/2. 329,36 FEET TO THE SOUTH UNE THEREOF: THENCE SOUTH 88'20'52" EAST ALONG THE SOUTH UN( OF SAID SOUTH 1/2, 266.94 FEET TO THE SOUTHEAST CORN:fR THEREOF; THENCE NORTH 0015'25· EAST ALONG THE EAST UN( OF SAID SOUTH 1/2, 313.35 fEET TO A PClNT 16 FEET SOUlHERLY or SAID NORTHEAST ctJRNER; THENCE NORTH 88'20" ...... YIEST PARAUfi.. WITH THE NORlH lINE or SAID SOUTH ~~.~~ 00'5'25" EAST PARAlLEl. WITH THE EAST UN( Of SAID SOU"M 1/2. 18 FEET TO THE TRUE PONT Of BEGINNING; SliUAlE IN THE COUNTY Of KING. STATE OF WASHINGTON. PARCEL. H: THE SOUTH 1/2 Of THE NORTH 1/2 or THE NORTHu.ST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10. TO'MIISHIP ~ NORTH, RANGE 5 EAST, W. M.: EXCEPT THE NORTH 132 f££T THEREOF; AND EXCEPT iliE EAST 288 FEET 1H[R£OF: SlTU"TE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCtlI: THE NORiIi '6 FEET or THE SOUlli 1/2 OF iliE NORTHEAST 1/4 Of THE SOUTHEAST 1/4 OF THE SOOlHEAST 1/4 OF SECTION 10, TOWNSHIP 2J NORTH, RANCE 5 EAST, W. M.; EXCEPT THAT PORTICIIi THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT or WAY; SITUATE IN THE COUNTY OF KING. STATE or WASHINGTON. PARCEl. J: THE NORiIi 16 FEET OF THE EAST 50 FEET or THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 Of THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 2J NORTH. RANGE 5 EAST. W. 1.1.: SITUATE IN THE COUNTY OF KING, STATE or WASHINGTON. D.D.E.S. FILE NO. L02P0014 PLAT NOlES 1. TRACTS B, 0, E. F, G, H, I, J, K, L. M, N. 0, S AND T ARE CONSIDERED TR"CTS PURSUANT TO KCC 19"-04.330; " ·TRACr tS lAND RESERVED FOR SPEenED USES INa.uDING BUT NOT UI.aTED TO RESERVE TRACTS, RECREATION, OPEN SPACE. SENSlTI'v£ AREAS. SURfACE W"TER RETENTIOII, UTIUTY F"QUTIES AND ACCESS. TRACTS ARf NOT a»IStDER£D LOTS OR BUILDlNG SITES FOR PURPOSES Of RESIDENTIAL DWEI..UHC CONSlRUCilCIII. . 2. TRACT '"8' IS A PRIVATE TRACT fOR RECREATION, OPEN SP"CE AND PRIVATE STORM DRAINAGE fOR THE BENEFIT OF AlL LOT O'lltolERS IN 'THIS PLAT. E"CH O'MolERSHIP OF A LOT IN 'THIS PlAT (LOTS 1 'THROUGH 118-INQ.USlVE) INCLUOES AN EQUAL AND UNDI\1DED INTEREST IN SAID TRACT ·B·, THE SHAMROCK COI.INUN1TY ORGANIZATION SHALL BE RESPONSIBLE FOR THE 1.I0NlTORlHG or POTEHilAL \1OlATIOliS Of THE USES OF THIS TRACT AlONG WITH NECESSARY MAINlENANCE. SHOULD 1H[ SHAMROCK COMNUNITY ORGANIZATION fAIL TO PROPERLY MAINTAIN TRACT -a., lHEN lHE O'MolERS OF AU. LOTS IN THIS PlAT (LOTS 1 THROUGH 11& INa.JJSI'v£) SHALL BE EQUALLY RESPONSISlE FOR THE MAINTENANCE OF TRACT ·B", 3. TRACT "0" IS A PRlV"TE JOINT USE DRI\'£WAY TR"CT fOR INGRESS/EGRESS. UTIUTIES AND PRlVAlE DRAINAGE fOR THE BENEFIT OF' LOTS 24 AND 25. UPON RECORDING or THIS PlAT AN EQUAL AND UNDIVIDED INTEREST IN TRACT "0"' IS HEREBY DEDlCA1[l) AND CON\£'I'ED TO 1H[ O'MIIERS Of LOTS 24 AND 25. THE OWNERS or LOTS 24 AND 25 SHAlL BE RESPONSIBLE fOR THE MAiNlENANCE OF TRACT "0". 4, TRACT t IS A SENSiTIVE AREA TRACT FOR THE 8EN(f1T OF' All LOT OWNERS IN THIS PtA T. EAOi O'MllERSH1P OF A LOT IN lHlS PLAT (LOTS 1 lrIROUGH 118. lNa.uSl'v£) 1Na.uDES AN EQUAL AND UNDIVIDED INTEREST IN SAID TRACT "£'". THE SHAMROCK COMJ,tUNITY ORGANIZATION SHALl. BE RESPONSIBtE FOR THE MONITORING or POlENTIAL \1OlATIONS or THE USES OF THlS TR"CT AlONG NlH NECESSARY I.IAlNTENANCE. SHOUlD THE SHAYROCK COUMUNiTY ORGANIZATION FAIl TO PROPERLY I.IAlNTAIN TRACT "E". THEN THE OWNERS OF ALl LOTS IN THIS PtA T (LOTS 1 THROUGH 11IS, INa.uSlVE) SHAlL BE EOUALl Y RESPONSIBL£ FOR THE MAiNlENANCE Of TRACT "E". S. TRACT T IS A SENSITIVE AREA TRACT FOR THE 8£NEFlT OF ALl LOT OWNERS IN THts PlAT. EAO-I OlHERSHIP OF A LOT IN lHlS PlAT (LOTS 1 THROUQt 118. INQ.USlVE) INQ.1IDES A.N EQUAl. AND UNDIW>ED INTEREST IN SAID TRACT t. THE SHAYROCK CCJtr,lWUNITY ORGANIZATION SHAlL BE RESPONSIBlE FOR THE I.IONITORING Of POTENllAl VIOlAllONS OF lHE USES Of THIS TRACT AlONG '#11TH NECESSARY I.IAlNTENANCE. SHOULD THE SHAMROCK COMMUNITY ORGANIZATION FAit TO PROPERLY MAINTAIN TRACT t, THEN THE OWNERS Of' ALl LOTS IN THIS PLAT (LOTS 1 THROUGH 118. INQ.USlVE) SHALl 8[ EQUAlLY RESPOHSIBl£ FOR THE MAINTENANCE Of' TR"CT -F". 6. TRACT·c;" tS A PRIVATE TRACT fOR [pEN SPACE AND PRIVATE STORN DRAINAGE FOR THE OEHEflT or ALl LOT OWNERS IN THIS PLAT. EACH O'M'lERSHIP OF A LOT IN THIS PLAT (LOTS 1 'THROUGH 118. INa.uSl\£) INClUDES AN EQUAL AND UNDIVIDED INTEREST IN SAID TRACT -(t'. THE SHAMROCK COMMUNITY ORGANIZATION SHAll BE RESPONSIBLE FOR THE MONITORING Of' POTENTIAl. \1OlATIONS OF THE USES Of THIS TRACT ALONG "''TH NECESSARY I.IAlNlENANCE. SHOULD THE SHo\t.IROCi( COMMUNITY ORGANlZ"ilON FAit TO PROPERlY I.IAlNTAIN TRACT "(t', TH£N lHE ~ OF ALl LOTS IN THIS PLAT (LOTS 1 THROUGH 118,. INa.uSlVE) SHAll. BE EOUALl Y RESPONSIBLE fOR tHE MAINTENANCE OF TRACT "G·, 7. TRACT .... IS A SENSillVE AR£A TRACT FOR THE B£NEF1T or ALL LOT OMCERS IN tHIS PlAT. EAOi OWNERSHIP OF A LOT IN THIS PlAT (LOTS 1 THROUGH ms. INQ.USlVE) 1Na.uD(S AN EQUAL AND UNDI\1DED INlEREST IN SAID TRACT "H·. TliE SHo\t.IROCK COMMUNITY ORGANIZATION SHAll BE RESPONSIBLE FOR THE t.tONlTORING Of POlENilAL \10LATIONS OF THE USES Of' tHIS TRACT ALONG NTH NECESSARY I.IAlNlENANCE. SHOULD THE SHAMROCK COMMUNITY ORGANIZATION FAIL TO PROPERLY I.IAlNTAlN TRACT ~., THEN THE OYoNERS OF o\lJ.. LOTS IN THIS PLAT (LOTS 1 THROUGH 118, INCLUSIVE} SHAll BE EQUAllY RESPONSIBlE fOR THE MAINTENANCE OF TRACT ·H·. . 8. TRACT "I" tS A PRlVAlE TRACT fOR OPEN SPACE AND ACCESS TO TRACT ·H"' FOR tHE PURPOSE Of' ... AlNTENANCE, AND IS FOR THE BENEFIT rs AU. LOT OWNERS IN THIS PLAT, EACH OYltoiERSHIP Of' " LOT IN THIS PLAT (LOTS 1 THROUGH 118, INCLUSIVE) INa.uDES· AN EQUAL AND UNDIVIDED INTEREST IN SAID TRACT ·1·. THE SHNotROCI< CONI.IUNlTY ORGANIZATION SHALL BE RESPONSIBLE fOR THE MONITORING or POTENTIAL \1OlATIoNS OF iliE USES or 'THIS TRACT ALONG WITH NECESSARY MAINTENANCE. SHOULD THE SHAMROCK CONI.IUNITY r:i'fcANlZAilON FAIL TO PROPERLY I.I"'NTAIN TRACT .'., THEN THE OWNERS Of AlL LOTS IN lHlS PLAT (LOTS 1 THROUGH 116, INa..uSlVE) SHALL BE EQUALlY RESPONSlBLE FOR THE I.IAlNTENANCE or TRACT -,'". 9. TRACT·J' IS A PRIVATE JOINT USE DRIVEWAY TRACT FOR CNGRESS/EGR£ss, UTIUTIES AND PRIVATE DRAINAGE FOR THE BENEFlT OF' LOTS LOTS 87 AND 88. UPON RECORDING Of THrS PlAT AN EQUAL AND UNOI\1OED INtEREST IN TRACT .J' IS HEREBY DEDICATED AND CON\£YEl) TO THE OWNERS OF LOTS B7 AND B8. 'THE OWNERS OF LOTS 87 AND 88 SHALL BE RESPONSIBlE fOR THE t.WNTENANCE Of' TRACT· J'. 1a. TRACT -K· IS A PRIVATE TRACT FOR OPEN SPACE AND PRlV"TE STORI.I DRAtNAGE fOR THE BENEf1T OF ALl LOT OWNERS IN 'OOS PLAT. EAOi O'MIIERSHIP OF " LOT IN tHIS PLAT (LOTS 1 THRClIGH 118, INCWSl\£) 1Na.uDES AN EQUAL AND UNOI\1OED CNTEREST IN SAID TR"CT y, THE SHAMROCK car.IWUNITY ORGANlZATlON SHAll BE RESPONSIBLE fOR "ME MONlTORlNG OF POTENTIAL VlOlAilONS OF 1HE USES or THIS TRACT AlONG WITH NECESSARY MAINTENANCE. SHOULD 1HE SH ..... ROCK COMUUNITY ClRGANlZATI(I.I fo\ll.. TO PROPERlY t.tAJHTAIN TRACT Y. lHEN'THE OWNERS OF ALl LOTS IN THIS PLAT (lOTS 1 THROUGH"n8. INQ.IJSIVE) SHAlL 8[ EQUAlLY RESPONSIBlE FOR THE MAINTENANCE OF TRACT -Ke, 11. TRACT "L-IS A SENSITIVE AREA TRACT FOR THE BENEFIT Of ALL LOT OVl1llERS IN THIS PLAT. EAat ~P OF A LOT IN THIS PtA T (LOTS 1 tHROUGH 118. INQ.USlVE) INCUIOES AN EQUAL AND UNDMDED lNTEREST IN SAID TRACT ·L·. THE SHAMROCK COMI.IUNlTY ORGANIZATION SHAll. BE RESPQfrf9Bl.E FOR iliE I.ICHfTORlNG OF POTENTIAl \101..ATIONS OF THE USES OF THIS TRACT AlONG 'MTH NECESSARY MAINTENANCE. SHOULD iliE SHAMROCK COMMUNITY ORGANIZATION FAIL TO PROPERLY MAINTAIN TRACT '\.., THEN THE OWNERS OF ALl LOTS IN lHlS PlAT (LOTS 1 THROUGH 118. INQJJSJVE) SHALL BE EQUALLY RESPONSIBlE '-OR THE . MAINTENANCE OF' TRACT L e. 12. TRACT ..... IS AN INGRESS/EGR£SS AND UTiUllES TRACT TO SERVE LOT 104. UPON·RECORDIHG OF THIS PLAT AN INTEREST IN TRACT ·M· IS HEREBY DEDICATED AND CONVEYED 10 THE OWNER OF LOT 104 AND HIS H£JRS. SUCCESSORS AND ASSIGNS. THE OWNER Of LOT 104 AND HtS HEIRS. SUCCESSORS AND ASSIGNS SHAlL BE RESPONSIBlE FOR THE MAINTENANCE OF TRACT eM'", 13. TR"CT~· IS " PRIV"TE JOINT USE DRIVEWAY TRACT fOR INGR£SS/EGREss. UTlUilES AND PRIVATE DRAiNAGE FOR THE BENEFIT Of' LOTS LOTS 106 AND "B. UPON RECORDING OF tHIS PLAT AN EQUAl AND UNOMDEO INTEREST IN TRACT "N· IS HEREBY DEDICATED AND CONVEYED TO THE O~ OF LOTS 106 AND lla THE OWNERS OF LOTS 106 AND 118 SHALl BE RESPONSIBLE fOR tHE I.IAlNTENANCf CF TRACT '"H., '4, TRACT ·0· IS A PRIVATE TRACT FOR OPEN SPACE AND PRIVATE STORtI ORAINAGE FOR THE BENEf1T Of' ALL LOT OWNERS IN lHlS PLAT, EACH OWNERSHIP Of' A LOT IN THIS PLAT (LOTS' tHROUGH 118. INCUlSI\£) INa.uDES AN EQUAL AND UNDIVIDED INTEREST IN SAID TRACT "0-. THE SHAMROCK COMI.IUNITY ORGANIZATION SHALL BE RESPONSIBLE FOR THE MONITORING OF POTENilAL \1OlATIONS or THE USES Of tHIS TR"CT AlONG WITH NEC£SSARY MAINTENANCE. SHOULD THE SHAMROCK COtr.IMUNITY ORGANlZ"ilON FAIL TO PROPERLY I.IAlNTAiN TRACT .0-, THEN THE O~ERS OF AU. LOTS IN THIS PUT (LOTS 1 THROUGH 118. tNa..USlVE) SHALl BE EOUALL Y RESPC»ISIBlE fOR THE I.IAINTENANCE OF TRACT ·0"', ,5. TRACT es-IS A PRIVATE TRACT fOR OPEN SPACE AND PRIVATE STORI.I DRAINAGE FOR THE BENEFIT OF AlL LOT OWNERS IN lHlS PLAT. EAOi O'MIIERSHIP OF A LOT IN THIS PLAT (LOTS 1 ntROUQi 118. INQ.USlVE) INa.uDES AN EQUAL AND UNDIVIDm INTEREST IN SAID TRACT -5"'. THE SHAMROO< Ca.iMUNITY ORGANlZ"TION SHALL 8[ RESPONSIBLE FOR THE "'ONITORING Of PDTENTlAL \101..ATlONS Of' THE USES OF' THIS TRACT ALONG WITH NECESSARY I.IAlNTENANCE. SHOULD THE SHAMROCK COMMUNITY ORGANIZATION FAIL TO PROPERLY MAINTAIN TRACT -S", THEN 'THE OWNERS or All LOTS IN THIS PlAT (LOTS 1 THROUGH U& INCWSlVE) SHALL BE EQUALLY RESPONSIBl.£ FOR THE I.IAlNTfNANCE or TRACT .S"'. 16. TRACT er IS A STORM DRAINAGE TRACT AND IS HEREBY CONVEYED TO KING COUNTY, ITS HEIRS. SUCCESSORS AND. ASSIGNS fOR OWNERSHIP AND ... AlNTENANCE PURPOSEs. THE SHAMROCK COWWUNITY ORGA.NlZATION, ITS SUCCESSORS AND ASSIGNS SHAlL HAVE THE ·RlGHT OF INGRESS/EGRESS OVER TRACT -r FOR THE PURPOSE OF ... AlNTENANCE Of TRACT ·H". 17. THE TRACTS SHOWN HEREON ARE NOT IN1DIDED TO BE IN SEQUENi1AI.. ORDER. l'\. 1211211!t1 ...... NE " I<Ir*nd.WAIIICI34-G23 TRIAD 425.821.8448 425.121.3411. AIIOCIATe' 800A88.015II __ --------JOB NO 01-159 SHEET 2 OF 10 < o r ......... IJ G) SHAMROCK HEIGHTS I VOL/PG POR SE 1/4 AND NE 1/4 OF lHE SE 1/4, SECTlON 10, TWP. 23N., AGE SE., WM KING COUNTY, WASHINGTON EASEMENT PROVISIONS 1. AN EASEVENT IS HEREBY GRANTED TO PUGET SOUND EN£RGY, VERlZON AND COMCA$T AND THEtR RESPECTIVE SUCCESSORS AND ASSIGNS. UNDER AND UPON THE EXlERIOR 10 FELT PARALLD. WITH AND ADJOINING THE STREET FRONTAGE Of AU. LOTS AND TRACTS IN WHlOl TO lAY, CONSTRUCT, RENEW. OPERATE AND MAINTAIN UNDERGROUND CONDUITS. CABlE. PlPD.lNE AND MRES. WITH THE NECESSARY fAaLJTIES AND OTHER ECUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUSDlVlSlOoi AND OTHER PROPERTY WITH WAtER, ELECTRIC. lELEPHONf., GAS. CABLE TV OR INlERNET SERVICE, SE~ AND WAtER. TOGETHER WITH THE RIGHT TO ENTER UPON THE EASDIENTS AT AU. TIMES fOR TltE PURPOSES STATED. lHESE EASalENTS ENTERED UPC»II fOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBlE TO THEIR OIUGINAL CONDlllON OF UnuTY. NO lINES OR WRES FtlR THE TRANSMISSION or aEClRIC CURRENT, TEL£PHC»fE OR CASLE TV SHALl BE PLACED OR B£ PERtr.tJnED TO BE PlACED UPON ANY LOT UNLESS THE SAWE SHAlL BE UNDERGRctJNO OR IN CONDWl ATTAOiEO TO A BUIlDING. 2. PRIVATE DRAINAGE EASDlENT CO\€NANT: THE O'MolERS Of PRIVATE PROPERTY WITHIN lHlS Pl.AT ENCUMB£RED WITH EASEMENTS SHOWN AS -PRtVAtE"'. HEREBY GRANT AND CONVEY TO KING COUNTY. A POLITICAl.. SUBOl't1SlON Of THE STAlE OF WASHlNGTON. THE RIGHT BUT NOT THE 08UGA1KIII TO CON'¥£Y OR STORE STORM AND SURFACE WATER PER THE ENGtNEERlNG PlANS APPROVED FOR ntiS PLAT BY KING COUNTY, TOGElMER 'MTH lHE RIGHT Of REASONABL£ ACCESS (INGRESS AND EGRESS), TO ENTER SAID DRAINAGE EASDl£NT fOR THE PURPOSE OF OBSERVING THAT THE OWERS ARE PROPERLy OPERA"nNG AND MAINTAlNING THE ORAINAGE fA.OUnES COIITAINED THEREIN. THE OWNERS OF' SAID PRlVAlE PROPERTY ARE RESPONSIBLE fOR OPERATtNG, MAINTAINING AND REPAIRING THE DRA./NAGE fAClUltES CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED 10 OBTAIN ANY RECUIRED PERUllS fROM THE lONG COUNTY DEPARTt.lENT Of DE'VELOPUENT AND ENVlRQNWENTAL SER\fICES PRIOR TO FlLLlNG, PIPING, CUTTING OR REMOVING VEGETA"nQN (EXCEPT FOR ROUllNE LANDSCAPE UAlNTENANCE suOt AS LA'I\W MOWING) IN OPDt VEGETATED DRAINAGE FACIlI11ES (SUCH AS SWAlES. CHANNELS, DITCHES. PONDS ETC.) OR P~ING ANY AL1[R.ATlONS OR MQDIF1CATIONS TO THE TO THE DRAINAGE FAClUllES CONTAINED 'MiHIN SAID DRAINAGE EASDIENT. THIS COVENANT SHAU.. RUN WITH THE LAND AND IS BINDING UPON THE OWNERS or SAID PRlVA1£ PROPERTY, THElR HDRS. SUCCESSORS AND ASSIGNS. 3. KING COUNTY DRAINAGE EASEMENT AND CO~ANT: AU. DRAINAGE EASEWENTS WllHlN THIS PLAT NOT SHO"'" AS PRIVA1£ ARE HEREBY GRANTED AND CONVEYED 10 KING COUNTY. A POUTlCAL SUBOIVlStON Of THE S1A 1£ or WASHINGTON. FOR THE PURPOSE OF CONVE'r1NG. STORING, MANAGING AND FAcnJTAnNG STDRtoI AND SURFACE W .... TER PER THE ENGINEERING PlANS APPRO'iU) FOR THIS PLAT BY KING COUNTY, TOGETHER WITH THE RIGHT or REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASENENT FOR THE PURPOSE OF INSP(CllNG. OPER .... TING. MAINTAINING, REPAiRING AND IWPROVING THE DRAINAGE F .... ClUTlES COIITAINED THEREIN. N01£ THAT EXCEPT FOR THE F .... ClU"nES WHlOi HA'v'E BEEN FORMAllY ACCEPTED FOR MAINTENANC[ BY KING COUNTY, MA1Nl[NANa: or DRAiNAGE F .... Ql.JTIES ON PRIVATE PROPERTY IS THE RESPONSIBIUTY or THE PROPERTY OWNER. lHE OYttfERS OF SAID PRiVAlE PROPERTY ARE REOUIRED TO OBTAIN PRiOR MITTEN APPROVAL FROM KING COUNTY PROPERTY SER'ACES AND ANY REQUIRED PERWiTS FROM THE KING COUNTY DEPARNENT or O£'IEl.OP .. ENT AND E~RONMENTAl SER\1CES PRIOR TO F1UJNG, PIPING. CUTTING OR REMO\1NG VEG£TAllON (EXCEPT FOR ROUTINE Lo\NDSCAPE MAINTENANCE SUDi AS LAWN MOWING) IN OPEN ~GET""TED DRAINAGE f"ACIlJllES (SUCH AS SWALES. CHANHElS. DITCHES. PQ«)5. ETC.) OR PERFORMING ANY ALTERAllONS OR MOOIFlCATlONS TO THE DRAIN .... GE F'AClUTlES CONTAlHED WllltIN SAID DRAINAGE EASDotENT. lHIS EASEMENT AND COVENANT IS tNTENDED TO FA.OUTATE R£ASONABL£ Aca:SS TO THE DRAiN .... GE F'AalJ1lES. lHIS EASEMENT .4ND CO;,,£NANT SHAU. RUN WITH THE LAND AND IS BIHOING UPON THE O'lelERS OF SAID PRJVA TE PROPERTY. THEIR HEIRS. SUCCESSORs AND ASSiGNS. 4. RESTRICTIONS FlR SENSI"n~ AREA TRACTS AND SENSITIVE AREAS AND BUFfERS: DEDICAllON ry A SENSl"n'-l!: ARfA lRACT,/SENSiTNE AREA SETB .... CK ARE .... CON'v'EYS TO THE PUBUC .... BEHEflQAL INTEREST IN THE LAND WITHIN THE TRACT/SElBACK AREA. THIS INTEREST INa.uDES THE PRESERVATlON OF N .... 1lVE ~GET .... 11ON FOR ALl. PURPOSES THAT BENERT THE PUBUC HEAlTH. SAFETY AND WELFARE. INCLUDING CONTROL. OF SURF .... CE WATER AND EROSION, MAIN1EHANCE OF SLOPE STABlUTY, AND PROTECllON CF PlANT AND ANI .. AL HABITAT. THE SENSITIVE AREA TRACT/SETB .... a< AREA IMPOSES UPON AU. PRESENT AND FUTURE O..,.,ERS AND OCCUPIERS CF THE LAND SUB..ECT TO lHE lRACT/SETBACK AREA THE OBUGATION. ENFORCEABlE ON BEHALF Of niE PUBUC BY KING COUNTY, TO lEAVE UNDISTURBED All TREES AND OTHER VEGETATION 'MTHIN THE TRACT/SETBACK AREA. THE '-I!:GETATlON WllHIN THE TRACT/SETBACK AREA MAY NOT BE on. PRUNED, ~ BY FlU.. REMOVED OR D ..... AGED WITHOUT .... PPROVAL IN YlRJllNG FRClW THE KING COUNTY DEPARlM£NT OF DEVElOPMENT AND EN\1RON"ENTAl SER\1CES OR ITS SUCCESSOR AGENCY. UNLESS OTHER\IlSE PRO\1DED BY LAW. THE ~"ON BOUNDARY BETWEEN THE SENSl.ll~ AREA TRACTI SENSlll~ AREA SETBACK AREA AND THE AREA or DEVELClPNENT .... CTl\1TY MUST BE MARKED OR OTHERWISE FlAGGED TO THE SATISF'ACTlON OF KING COUNTY PRIOR TO ANY a.EAR1NG. GRAOtNG, 8UU.DlNG CONSTRUC11ON OF OlMER DE\nOPItlaIT ACll...,TY ON A PROPERTY SUBJEcT TO THE SENSlTlVE AREA lRACT/SENSlTlVE AREA SETBACK AREA. THE REQUIRED MARKING OR FlAGQNG SHALL REMAIN IN PLACE UNa ALl. DE\'EL.OPMENT PROPOSAL ACTI\1TlES IN THE WlHITY OF THE SENSlllVE AREA AND BUfFER ARE COWPl£TED. NO BUnDlNG FOUNDATlONS ARf ALLOv.£D BEYOND THE REQUIRED 15-FooT BUILDING SETBACK UN£. UHL£SS OTHERWISE PROVIDED BY LAW. 5. THE WATER EASEMENTS SHOWN HEREON ARE CONVEYED TO w .... T£R DlSlRfCT NO. 90 UPON RECORDING Of lMIS PlAT. 6. THE SANITARY SEYER EASEMDf1'S SH~ HEREON ARE CON\£YED TO 1)([ CITY rs RENTOO UPON THE RECORDING or THIS PLAT. 1. 11£ PRIVATE STORM DRAINAGE EASEMENT WITHIN LOTS 2 THROUGH 6 INa.uSlVE IS FOR mE BENERT or LOTS 1 THROUQi 6 INa.uSlVE. THE O~ or LOTS 1 THROUGH 6 INctUSIVE SHALL BE RESPONSl8L£ ~ THE MAINTENANCE. REPAIRS AND RECQNSlRUCllON Of lliAT PORTION Of THE STORM DRAINAGE SYSTEM THAT THEY H .... VE BENUlT Of USE 'A1THIN THE EASEWENT AREA. 8. THE PRIV .... TE STORY DRAlN .... GE EASEMENT 'A1THIN LOTS 14 AND 15 IS F'OR THE BENEFlT Of LOTS 13. 14, 15. AND 16. THE OWNERS or LOTS 13. 14, 15 AND 16 SHALL BE RESPONStBLE FOR THE MAINTENANCE. REPAIRS AND RECONSTRUCTlON OF THAT POR"nON Of' THE STORM DRAIN .... GE SYSTEM THAT THEY HAVE BENEFlT Of USE WITHIN THE EASEMENT AREA. 9. THE PRlVA1£ STCIRM DRAlN .... GE EASEMENT WITHIN LOTS 17, 18 AND 19 IS FOR THE BENEFIT OF LOTS 11. la. HI AND 20. THE OMIIERS OF LOTS 17, US. 19 AND 20 SHALL BE RESPONSIBLE FOR THE MAiNlENANCE, REPAIRS AND RECONSTRUCTlON or THAT PORTlON OF THE STORW DRAIN .... GE SYSTEM THAT THEY HAVE BENEFIT Of USE WlllilN THE EASENENT AREA. 10. THE PRIVATE STORM ORAINAGE EASENENT WITHIN LOTS 22 AND 2J IS FOR THE BENERT OF LOTS 21. 22 AND 23. THE O~ OF LOTS 21. 22 AND 2.3 SHALL BE RESPONSIBLE F'OR THE MAlN1[NANCE, REPAIRS AND RECONSTRUCl1QN OF lMAT PORTION Of THE STORW DRAINAGE SYSlDI THAT THEY HAVE BENEFIT OF USE WITHIN THE EASEMENT AREA. 11. THE PRIVATE STORM DRAINAGE EASDlENT 'MlHlN LOTS .31 AND 32 IS FOR THE BENEflT OF LOTS .30. 31 AND 32. lHE Ov.tlERS Of. LOTS 30, 31 AND .32 SHALL BE RESPONSIBLE FOR THE MAINTENANCE. REPAIRS AND RECONSTRUCTlON or TH .... T PORllC»l Of THE STORM DRAIN .... GE SYSTOI THAT THEy HAVE BENEfIT or USE WITHIN THE EASEMENT AREA. 12. THE PRIV .... TE STORt.t ORAiNAGE EASEWENT WITHIN LOTS 34 AND 3!S ADJOCNING THE STREET FRONT .... GE IS FOR THE BENEFIT Of LOTS 3.3. .34 AND l5. THE O'MIIERS OF LOTS 33, 34 AND 35 SHAll BE RESPONSIBLE F'OR THE MAINTENANCE. REPAIRS ANO RECONSlRU'CT1ON rs THAT PORllON Of THE STORM DRAINAGE SYSTEM THAT THEY HAVE 8[NEf1T OF USE WITHIN IKE EASE"ENT AREA. 1.3. THE PRIVATE STORM DRAINAGE EASalENT ALONG THE STREET FRONTAGE 'MTHIN LOTS 34, 35. 36, AND 37. TOGETHER WITH THE PRtVAlE STORM DRAIN .... GE EASEMENTS ALONG THE STREET FRONTAGE WITHIN LOT 11 rs 1HE PLAT OF SH ..... ROCK KDGHTS n RECORDED IN va.uWE .. PAGE II IS FOR THE BENEFlT Of LOTS 33. 34, 35. J6 AND .37 AND SAlO LOT 11 or THE PlAT Of SHAMROCK HElCHlS II. THE OWNERS Of LOTS 33. 34, 35. 36 AND 31 AND LOT 11 OF SAID PlAT OF SH ..... ROCK HDQ-ITS U SHAll BE RESPONSIBlE FOR THE MAINTENANCE. REPAIRS AND RECONSlRUCTKlN rs THAT PORTlON Of THE STORM DRAINAGE SYSTEM THAT THEY HA\£ BENEFlT Of USE WITHIN THE EASEMENT AREA. 14. THE PRlVA1£ STORM DRAINAGE EASEWENT ALONG THE: REAR LOT UNES WITHIN LOTS 34, 35. J6. AND 31, TOGETHER IIftTH THE PRiVAlE STORM DRAINAGE EASEMENTS AlONG THE REAR LOT lINES WITHIN LOT 11 or THE PLAT or SH ...... ROCK HOQiTS n RECORDED IN VIl..UWE lit P .... GE XI IS fOR THE BENEflT Of LOTS 33, 34, 35. J6 AND 37 AND SAID LOT 11 OF TKE PLAT OF SH ..... ROCK HEIGHTS U. THE O'MIIERS rs LOTS 33, 34. 35. 36 AND 37 AND LOT 11 OF SAID PLAT OF SHAMROCK HEIGHTS n SHAll BE RESPONSIBlE FOR THE MAINTENANCE. REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE STORM DRAlNACi[ SYSTEM THAT THEY H .... VE BENEfIT Of USE Wl1MIN THE EASEMENT AREA. D.D.E.S. FILE NO. L02P0014 EASEMENT PROVISIONS CONrD 15. THE PRIV .... 1£ STOR .. DRAIN .... GE EASDlENT WITHIN LOts 40 THROUQi 45 INa.uSlVE IS FOR THE BENEfIT OF LOTS 40 THROUGH 46 INQ.USlVE. THE O~ERS OF LOTS 40 THROUGH 46 IHQ.lJSJVE SHAU. BE RESPONSIBLE FOR THE ~~~SE~~ ~ ~U;,rE~ OF THAT PORTION Of THE S~M DRAINAGE S'lSTEW THAT THEY HAVE l~D ~~ ~~V~:.Jt~: ~~~~'f. ~E:O.:I~~att'~~ ~a:~~=~ :£'~~''''': 49 ~~ OF' THAT PORTlON or THE STORW DRAINAGE SYSTEM THAT THEY HAVE BENEF1T Of USE WITHIN THE 11. THE PAtVATE STORM DRAIN .... GE EASEWENT WITHIN LOT 105 IS FeR THE BENEFIT OF LOTS 105 AND 106. THE 0'MolER$ Of LOTS 105 AND 106 SHALL BE RESPONSIBlE FOR THE .. AlNTENANCE. REPAIRS AND RECONSlRUCllON Of THAT PORTlON OF' THE S~M DRAINAGE SYSTEM TH .... T THEY H .... 'v'E BENEFIT OF USE .THIN THE EASEt.CENT AREA. ~gg. ~J !:,V~~. ~~= .... : L~~:'T1~~I~OL~ ,~, ~ANgE '~ONr:BL£~~£:t .. ~~~~' 108. ~~ TH~N~~~()N OF TH .... T PORTlON Of ~E STORM DRAINAGE SYSlEW THAT THEY HAVE BENEFIT Of USE 19. THE PRIVATE STOR .. DRAIN .... GE EASEMENT 'MTHIN LOTS 112 lliROUGH 116 INQ.USiVE IS FOR THE B£NEFIT Of LOTS 112 THROUGH 111 INa.uSlVE. THE OWNERS Of LOTS 112 THROUGH l11INQ.USlVE SHALl. BE RESPONSIBLE FOR THE ~~~~~~ ~ ~~zr~ OF TH .... T PORTlON OF THE STORM DfWN .... GE S"tST£W THAT THEY HAVE 20. THE PRlVA1£ STORM DRAINAGE EASEMENT WITHIN LOTS 8 lKROUGH 11 INa.uSIVE IS FlR THE BENEFIT or lOlS -1 THROUGH 11 INCl...USlVE. THE OWNERS OF LOTS 1 THROUGH 11 INCLUSIVE SHALL BE RESPONSIBtE FOR THE =-;crrSE~~~ ~ ~':'~~~~~ Of lM .... T PORllON OF THE STMloI DRAIN .... GE S'ISltM lHAT THEY H .... VE 21. THE PRlVAl[ STCRM DRAINAGE EASEMENT WITHIN LOTS 27 AND 28 IS fOR THE BENmT Of LOTS 26 27 AND 28. THE ~ERS OF LOTS 26, 27 AND 28 SHAlL BE RESPONSIBL£ FOR THE MAINTENANCE" REPAIRS AND REcONSTRUC11ON OF THAT PORTION OF THE STORM ORAiNAGE SYSTDI THAT THEY HA~ SEHERT Of' USE WITHIN THE EASEMENT AREA. 22. THE TEMPORARY TURNAROUND EASEMENT BECOMES NULL AND VClD 'M{[N 145nt PLACE SE IS EXTENDED' TO A PUBUQ.Y MAINTAINED ROAD SYSlEM AND IS ACCEPTED fOR MAINTENANCE BY A PUBlIC AGENCY. THIS EASEMENT MAY OTHERWISE BE EXTINGUISHED BY AN EXTlNGUISHING DOCUMENT RE\1E'A{D AND APPROVED. AND SIGNED BY THE KING ~~~~ LAND USE SERVICES DIVISION OR ITS SUCCESSOR AGENCY ..... RE\'\EW FEE MAY BE ASSESSED fOR THIS ~RP~SlDEWAlJ( EASEMENTS DENOTED HEREIN ARE HEREBY DEDICATED TO THE PUBlIC USE FOR smEWALK 24. PROPERTY IS SUBJECT TO AN EASENENT AND THE TERUS AND CONDiTlONS THEREOF GRANTED TO PSPAL El.£CTRlCAL DlSTRlBUTlON RECORDED UNDER AUDITOR'S F1lE NUUBrR 7808080821. ~~~~~ ~~:riT ~DI~~~~~ ~i08~~~ CONDIllONS THEREOF fOR INGRESs. EGRESS AND GENERAL NOlES 1. INSTRUMENTA"nON FOR THIS SUR\£'!' WAS A 1 .. INUlE THEODOU1£ AND"Q..ECTROHIC DISTANCE MEASURING UNIT. ~~~o.USED IN THIS SURVEY WERE F1ELD TRAVERSE, MEET1NC OR EXCEEDING STANDARDS SET BY WAC 2. PROPERTY CORNERS SHAll BE SET AS fOlLOWS UNlESS OlHERWiSE sPECIFlED SET 1/r x 24-REBAR 'laTH CAP i.S NO. 19586-AT A. rENTY-FOOT OFfSET FRoM THE FRONT LOT CORNiRS. LEAD ~D~~ ott.O?c~CURB AT FRONT LOT UNE EXTENSIONS. SET 1/2-X 24-REBAR MTH CAP -LS NO. l!iJ620· 3. THE STREET TREES SHAlL BE OWNED AND .. AlNTAINED BY THE SHAMROCK HElGHTS COINUHlTY ORGANIZATION UH1.ESS KJolG CXlJNTY, OR ITS SUCCESSOR AGENCY HAS ADOPTED .... MA1NlEMANCE PRQGIWt. 4. THE ROAD AND STORM DRAINAGE SYSTnis SHAll BE CONSTRUCTED ACCORl)lNG TO' THE APPROVED PLAN AND PROFll£, PlAN NO. 3097, ON FlL£ 'Mlli KING COUNTY OEPARlVENT OF DEVELOPMENT AND EN\1RONMENTAL S£R\1C£S re~~kY"S~TlON FROM 111E APPRCMD PLANS WILL REQUIRE WRITTEN APPROVAl. FROM TKE PROPER AGENCY. 5. ALl. BUtt.D1NG DOWN SPOUTS. FOOTING DRAtHS. AND DRAINS fROM AlL IMPERVIOUS SURF'ACES SIJQt AS PAnos AND DRl'w£w .... 'tS SJiAlL BE CONNECTED TO THE PERMANENT STORM DRAIN OUn£T AS SHOWN ON THE APPRO\£D CONS1RUCTION DRAWINGS PLAN NO, __ ON FU£ WITH THE ICING COUNTY DEPARnlENT OF TRANSPORTAllON. THIS PLAN SHALl. BE SUBWlT1ED Willi THE APPUC .... TlQN OF ANY BUn.DING PERMIT. ,ALl. CONNECllONS or THE DRAINS MUST BE CONSTRUCT£O AND APPRO\fi) PRIOR TO f1NAL BUILDING INSPECTION APPROVAl.. F'OR THOSE LOTS THAT ARE =~~:.: ~~~:t. ~~~L:~':r~S'ONTH~SYS1DIS SHAlL BE COOSTRUCTED AT THE lIME rs THE 6. 1l([ HOOSE ADDRESS SYSTEW FOR THIS PLAT SHAU. BE AS fOUOWS: ADDRESSES SHAll BE ASSIGNED FOR THE NORTM-SOOTH ROADS WITHIN 1liE RANGE OF 12200 TO 12599 AND WITHIN THE RANGE Of 14500 TO 14199' FOR THE ~~ ~AN~~~Al':~~ ~:r,t~ED TO ~ PR!NCPAl ENTRANC% OF EA.at RESIDEN.CE OR 1. ROAD NPS FEES IC.C. CODE 14.75 FOR LOTS _ THROUGH ~ THIS PlAT IS SUBJECT 10 KING COUNTY CODE 14.75. KING COUNTY ROAD MIllGAllON PAYMENT SYSTDI (WPS). FOR ~~~~UT~g'~Ar Wi ~'1r~~Jr ~~~ ~~NlSlRATIVE fEE SHALl. BE PAID AT THE 1u.a: Of" BUIlDING ROAD .. PS FEES PER K.c. C<X>E fOR LOT~ ONE RESIDENTIAl LOT W .... S EXlSTlNG ANO OCQJPlED WI1HIN THE THREE YEARS PRIOR TO THE APPUCA1lON fOR . DEVELOPMENT Of THIS SU8Ol\1S1ON. LOT _ IN THIS PLAT SHAlL BE EXEMPT FRClW THE PAYWENT OF FEES REQUIRED ~B~~~6~1~E"4.15. WlTlGATION P .... YMENT S'lSTEW. SEE lONG COUNTY DEPARTWENT OF lRANSPORTATlON 8. SCHOOl FEES F'OR LOTS _ THROUGH ---= FlnY PERCENT OF SCHOOL twP .... CT FEES MRE PAID AT THE 11M[ Of f1NAl PLAT APPRovAL IN ACCORDANCE WITH KlNG COUNTY C<X>E 21A.43.050. THE BALANCE or ASSESSED FEE. S ___ PER LOT, TOGE1H£R WITH THE CURRENT AOWINlSTR .... TlON FEE. MUST BE PAID AT THE llWE (F BUllDtNG PERMIT ISSUANCE. SQiOOl nES FOR LOT ---= ONE RESIDENTlAl LOT WAS EXJS11NG PRIOR TO THE OE'tROPWENT Of THIS SUBDIVISION. F THE 1SSIJAHa: Of .... NEW BUtLDING PERMIT F'OR lOT _ OCCURS ON OR PRIOR TO (THREE YEARS AFTER THE ISSUANCE Of THE DEJoIruTlON PERMIT), THEN SAID LOTS SHAll BE EXEMPT FROM THE P .... YWENT OF 1H£ SCHOOL iWPACT FEES. If lH[ ISSUANCE OF A BUtLOING PERloUT fOR SAID LOT OCCURS AFTER lHEN THE FUll. ASSESSED F'EE. &.iTLoiNGPWiTT ~~SU~~ ~~~. ~E ~A.%'~~l;oMlNISTR""llON m:. MUST BE PAlO AT THE TI"E Of ~~ Or(I)IVIOUAl. STUB OUTS AND INfTLTRATlON SYS1£MS SHALL BE PRIV .... lELY 0'rlNEO AND MAINTAINED BY THE LOT 10. STRUClURES, Flll. OR OBSTRUCTlONS (INCLlJOlNG BUT NOT UWlTEO TO DECKS, PAllO$. OUTBUlt.mNGS, OR OVERHA.NGS). SHAlL NOT BE PERMITTED BEYONO THE BIJJl.OlNC SETBACk LINE OR WllliIN DRAINAGE EASEMENTS. ADDI11OHAU.Y, GRAlXNG AND CONSlRUC11ON OF. FENCING SHALl. NOT BE AllOWED WlTHlN THE DRNNAGE EASEIlEHTS SHOWN ON THIS PlAT MAP UNL£SS OlHERWISE APPRCMD BY KING COUNTY ODES OR ITS SUCCESSOR AGENCY. [ ' '211211",_", " IO*Id.WAIICJ34.6I'.Z3 TRIAD 425.821.B418 ....." ........ AISOCIATEI 1OO._.G758la1frw :.-------- JOB NO 01-159 SHEET 3 OF 10 SHAMROCK HEIGHTS I VOL/PG fOUND MONUMENT 1.5" BRASS DISC IN CONCRETE IN CASE + I POR SE 1/4 AND NE 1/4 OF lHE SE 1/4, SECTION 10, lWP. 23N., AGE 5E., W.M. fOUND J. BRASS DISC IN .. '"X.- CONCRETE MOHUMENT 0.3" ABO\'£" GRADE (11-16-00) KING COUNTY, WASHINGTON ("-H--" _.-+-.. -.. _ .. -. NBB19·S9·W 1324.61' 2649.21' SE. 120TH STREET l&l jg UNE OF 100 YEAR FLOOD PLAIN EST lJNE CF THE HE 1/. OF' 1HE SE 1/4 "-"-"-"-"-"-' SECTION 10. TWP. 23E.. RGE SN .• W.M. SECTION BREAKDOYoN N.T.S. BASIS Of BEARING HElD BEARING Of" N86'2"07"W ALONG 'THE SOUlH UN[ or THE SOUTHEAST QUARTER IlAllJM. HQRtZONTAL DA,11Jt.t -HAD 83/V1 ~~~M CW~~ABUSHED BY HOlDING SPC COOfIDINATES. WASHINGTON NORlH ZONE, A.T KING COUNTY SURVEY CONlROI.. POINT fXXXXXXX lINE lS8 L57 lS8 .... L6D L61 L62 L6J LINE TABLE LtNCTH 5&07' 50.00' 1.l4.55' 37.73' 25.38' 20.00' 63.64' 125.40' BtASING N1T02'42"W N01'39'5,2'"( N20"39'48·W N06'2/4Tw NB9'<4(j'43·W NOtMl'r,E NBSI'46'43'"W N1S'47'55-£ 1324.60' f-.. TRACT R ~.-.-. lS fOUND 'NORm QUARTER CORNER 15-23-5 A PUNCH MARK IN or BRASS SURfACE MONUMENT (10/27/00) 1321.29' NBB'2l'07"w . ~ .. -" _. '2642.58'-" ~9:. N. 507779.44 SE. 128T", STREET . ~CE~~=T (1:':1:~:; N: 507704." . E. 1665848.78 E: 1668469.60 t::=O=:J fOUHD QUARTER CORNER AS HOlED + FOUND SEcnON CORNER AS NOlID SCALE: 1" = 200· [" 12112""'_,," . ~WAS11SQ34.G:23 TRIAD' 425,821._ 425.112'1.3411_ ASSOCIATES 1CIOAIlI.o751tQ11he -----.... --....... tOO 200 400 ;; ! D.D.E.S. FILE NO. LD2P0014 JOB NO 01-159 SHEET 4 OF 10 ~11 10t'!t'. <D •• \ "1. FI .... ~i ; ; 'io :n • n ~ ... '" n jo.. r 0 0 z . .'~tJ.l 1';/04 f iii (/) W ::;) Z ~ C :z: ... 110 • ~ SHAMROCK HEIGHTS I VOL/PG POR SE 1/4 AND NE 1/4 OF lHE SE 1/4, SECllON 10, lWP.23N .. AGE SE .. W.M. 129. 'MRE FENCE 0.,' SOUlH 79 15' SEMR EASBlENT SEE HOlE 6, SHEET J 90.27 78 90.94 S88'20'08~ 77 111,53 BASIS Of BEARING HELD BEARING or N86'2l'orw ALONG lHE SOUlM UNE OF' THE SOUlHEAST QUARTER IlAllIM. HORIZONTAL DA ruM - NAD 83/91 (KING couNTY) DA ruw WAS £STASUSHED BY HOLDING SPC COORI)INAru;, WASHINGTON NORnt ZONE, AT IClNG COUNiY SURVEY CONlRct. POINT """'XXXX unuTY lRACT SEE.NOTE 8. SHEET 2 10.00 LINE TABLE ~ UHE lENGlH BEARING . 76 108.58 SBB'20'08"E 75 101.08 SS9'-46'4SE 74 99.97 589'46'43-E S89'-46'4J~ 98,97 TRACT I 589'46'4,l"E 98.97 70 KING COUNTY, WASHINGTON N88"20'08"W TRACT L N"'" SEE NOTE 11, SHEET 2 AND NOTE 4, SHEET 3 95.28 se8'20'oe~E 80 107,00 S88'20'08~ 81 TRACT I( DRAINAGE TRACT SEE NOlE 10. SHEET 2 381.87 CURVE l£NGnt C1 25.32' C2 0.76' CJ 17.09' C4 24.60' CS 20.41' C6 32.72' C7 10.02' ll.43' 23.91' 52.10' 20.23' 24,85' 47.12' 7,57' RADIUS 69.00' 247.97' '78.49' 32.00' 42.00' 42.00' 47.00' 28.00' 278,97' 278.97' 278.97' 278.97' 30.00' 268.97' S' QiAIN UNK fENCE 0." SOUTH CURVE TABLE DELTA CURVE lENGlH .6-21"51'22"' C15 40.25' 6-0'0'3.-C16 11.00' 6-5'29'Or C17 "~8J' 6-44"02"5-Cl8 5.69' 6-27'50'4'· C19 20.00' 6-44"38"9-C20 28.42' 6-12'2'50" C24 43.74' 6-64'9'28" C25 43.58' 6-4'54'35· C2& 12.96' 6-10'42'05· C27 47.12' 6-4"00'20" C28 28.6S' 6-5'06"3-C29 58.10' 6-90"00'00" CJO J.14' 6001"36'48-ell 15.26' CJ6 5.51)' Cit 20.73' C97 4.69' S MONUMENT TO BE SET LOT CORNER TO BE SET FOUND LOT CORNER AS NOlW UNPlATTED 10Z305935O 12!U.02' 22.50 RADIUS DaTA 268.97 A-8~'2f 268.97' 6-2"20'3$1"' 73.91' 6-35"JO"O· 73.97' 6-4"24'40- 73.91' 6-15"32'2'· 73.97' 6-22"00'55- 28.00" A-B9'3D'1."' 36.00' A-69"22"W 36.00' A-20"3TU~" 30.00' 6=90"00'00· 237.Sl7" A-6"54"9- 42.91' 6-17'28'06- 488.00' 6a0'2S'UI"' 488.00' 6-1'47'28- 488.00' A-0"38'4Y 479.91' A-2"28'3Q- 247.97' 6-1'04'58- NCPA . SEE NOTE 11, SHEET 2 AND NOTE 4, SHEET 3 104 ~~--------------~ '?10~ 103 ::!~ ~ ~§:~----------------~ z~ ~ '':;- '% .~ "'----------------~- TRACT L S89'46'4,l"E 60.00 57· ·98.93 41.49 .SS9'46'4J~E 59 90 56 91.39 92.03 S89·46'43~ S89*48'4J-r 94.32 101 100 TRACT 0 99 PUBUC WATER EASEWENT SEE NOlE 5. SHEET 3 ::;~~ f.~~ ~n <> .. 98 11 5.00' N0T56'02-W(R) 98.47 l2 8.93' N88'2o'Oe~W h"';"'-'---:58""!!c'''~'4='.::'E ----+-1 LJ 24.41'· N02'34'l1~ l4 15.5" N0013',.'E 60 91 L7 5.00' N0013'l'iE(R) g LB 3.07' N89'46'4J"W ~ 19 7.34' N17'4'09~W llO 7.30' N,6'4O'43-r Lll 7.34' N1T4O'43-E L12 7.30' NI8'4'OS-W L13 7.35' N72"04'43"W L14 7,30' N73'45'51~E g LIS 7.35' N72'31'18t: ~ U6 7.30' NI6'4O'43-£ LI7 7.34' Nln4'09~W LIB 7.34' N1T4(I'43-[ Lt9 7.30' NI6'4(I'43-£ 120 7.34' N17'4(I' 43-£ g L21 7.30' NI6'4O'43-[ g. l22 7.3d NI6'4(I'43-[ L23 7.30' N16'4O'4S£ 124 8.86' NI6'4'09-W U5 7.30' N,6'4'09-W L26 4.10' N75'S"24-W L49 7.3" N45"',8"'£ :5 L50 5.65' N0013'I7"E ~ LSI 4.14' N60':26'l1t: L52 28.75' N45,1'41-E L5J 6.00' NBJ'2; 45-£ L54 7,93' N0T'56'02-W g g 69 46.49 589'46' 4,l-E . 68 98.97 589'46'43"E 67 66 589'46'4.3"£ 65 SO.4' I~ I I~ I I-j..,.'::'~"'~"'~'-'·'-E-S 41.S3 ~ I 589'48' 43"E ::I g I 61 -~ I .1.39 ~ ~~1--~~~'~'~~'~4'='~----~§ f ~I 62 I 48..47 9'46'43"E 63 55 54 I~ r. 47.13 ~ .... --="'-,.j....j ~ SS9'46'4J"E § g 'i 53 98.93 58I1'46'43t: 52 H=""'~_~ .4'.05 589'46'43"E 92 92.03 S89"46'43"E 93 94 9203 N89*46'43-W TRACT 8 OPEN SPACE TRACT SEE NOTE 2. SHEET 2 n ~ i: I 95 8! SCAlE: 1" = 40' ., TRACT H HGPA/OPEN SPACE SEE NOTE 7, SHEET 2 AND NOTE 4, SHEET 3 \ I S89~~:~-E S89~;~"£ 5 :\~ '4' ". : l .'.M 64~9'~'~' ~ ~~~. ~SB§!'~'''~'~~{'E~5~'fo:"~'1ll!9~'7.1~~\~ll~;;;· 11 ~ .. ~.4~7 =~!i~N~.~,~~~~;:~'.~w~~~l~~~i;~i;. ~~T' ~! __ ~~ 103.93 '-. DRAINAGE TRACT TRACT G CD] 9[8:0' 12112115ChhaNE <0 .... __ ..... __ =.,...--::=~=-----...... -\ v (' ~NOTE S~---.! _ - - -_____ <t KMand,WA9B034-G2l l-________ ..... TRACT T O.O.E.S. FILE NO. L02P0014 .""~"-:,, 13'.06 , . 425.82'..... r . ~ ~.r.~: ._~ SE 124TH ST "'_ ....."....,'" ~ ~~, J ............... aoo.488~toI ... 10' ,,9 131.05 ..!!!9'46.~·4",'·.:!W __ --: __ -5>-_____ ~=:' ________ ":-=":-:::=-:"' __ -f G> SEE SHEET 7 OF 10 JOB NO 01-159 SHEET 5 OF 10 SHAMROCK H'EIGHTS I 9S.2J 589'42'24"E 103 9S.29 SS9"4Z'Z4"E ~ 122.73 ~ 589'42'24"£ .... TRACT L l:l 101 :I: '" W W 100.14 '" 589'46'43"£ 00.00 589'42'24"£ I i 100 88 :!l TRACT 0 ~ ,.' 100.65 589'42'24-£ 89 \!. 99.99 41.49 m 589"42'24"'£ N89"46'"rW <;!t> &.~ 90 8 !~ 97 ~ :-aU'. 9203 I» 101.25 589'48'43'"£ 589'42'24,,£ 91 :i! ~ ':. 41.05 589'46'4,3"£ i!! 92 iii 92.03 589'46'4,3-E 8 93 ~ ..., 36.49 ~ NS9·46'."-W g 94 ~ 92.03 N89'46'43-W 95 -- 96 589'42'24"£ UNE TABLE UN( LENGlH BEARINC L22 7.30' N16'40'.3'"E L23 7.30' N16'40'4""E L24 8.86" N1n4'og"w L25 7.311 N16,4'og"W L27 5.00' N88"W'16-W L28 10.01' N88'20'21"W L29 4.85' N1S"'24'26"W(R) LJO 14.64' N21'20'46"W L31 1.03' N21'20'46"W l43 7.rxt NOO17'36·£ l49 7,31' N45'1'18"E L55 20.00' N89'42'24"W l64 12.50' N21"2o'46"W l65 12.51' N19"23'O""W illENQ. S MONUMENT TO BE SET LDT cciRHER TO BE SET F~ lOT CORNER AS NOTED CD ~ ~g~c 1~~~,.E~ENT ® ~~~7~T~M~~~N3EASOo4ENT (R) RADIAl BEARING TRACT B --. --~<D OPEN SPAa: TRACT SEE NOlE 2, SHEET 2 ------.......... ...... L02P0014 61.50 TRACT N 61.50 107 97.84 N89"4Z'Z""W 118 PUBUC SEYlER EASEMENT SEE NOTE 6, SHEET .3 ~ d co FENCE CORNER IS ~ ~ 1.7" Yl£STOF' 01> PROPERlY CORNER z FENCE CORNER IS 0.01' SOUTH AND 0.1' WEST Of PROPERTY CORNER 14<UM N88'20'16"W lJl'IPlATTED 1023059259 144.04 CURVE TABLE aJRVE lDIClH RADruS DElTA «2 47.59' 28.00' 6-9T22'20" C43 30.32' 179.00' 6=9'42'18- C44 32.06' 179.00' A-101S'48· C45 59,00' 37.00' .6=<91'21'59· e4G 33.21' 25.00' ..0.-76"06'48· 2.4' SOUlH AND \j N88'20'16~ 112.03 C47 48.66' 30.00' ..0.-92"56'20· 104.10 N89'42'24"W 109 106.44 N89'4Z'Z4-W 4' QlAIN UNK FENCE 110 112.92 N88'20'IS"W 106.03 CURVE TABLE CURVE lENGTH RADIUS DElTA CJO 3.74' 488.00' .0.-0"26'19" 01 15.25' 468.00' Ll-,'47'Zr 02 28.98' 60.00' A-2T40'13" CD 9.56' 60.00' 6-9"07'46" C34 57.0J' 48.00' ~68'04'28· C35 24.29' 113.00' 6-12'18'59" C36 5.50' 488.00' .6-0"38'43" C31 26.62' .q,oo' 6-3,'46'3'" CJ8 17.38' 48,00' .6-20"44'29" C39 6.76' 618.97' A-0"3i.:u" C40 24.83' 618.97' 6-217'55· C41 25.97" 286.51' 6-5,1'39" 15")(30' PSPIL UNDER GROUND E1.£CTRlCAL DISTRIBUTION EASEMENT REC. NO. 7808080827 C51 10.OS' 317.51' 6-1'48'52" C52 24,16' 317.51' ..0.-4'21'.37" C53 26.86' 587.91' ..0. ... 2'35·55· C54 15.17' 587.97' 6-1'28'4,3· CS5 26,07' 587.97' ..0.-2'32'2, C58 26.66' 33.00' A-46'7'11" ~7 18.32' 33.00' A-31'48'24" C58 57.66' 43,00' ..0.=76'49'28· CS9 24.85' 43.00' ~JS06'30" C60 20.43' 43.00' ..0.-27'3'42· C73 5.00' 40.00' ..o.-no'OJ· C87 18.13' 40.00' A-25'5B'JO" C88 40.72' 87.00' .6-26'49'12" call 32.VT 113.00' A-16'42'sa" C92 57,26' 113.00' 6:029"01'5, C93 38.54' 60.00' .6-36'47'59" C94 23.13' 40.00' .c.-3J"'08'32- UNPlATTED. 1023059021 N89'42"24-W rOUND 1/2" REBAR WI CAP LS BaH ",332 AT PROPERTY CORNER : -----~:,~~~-:~SS-;D~~~------~---- JO SEE LEGAL oESCRIPllON PARCEL C 111 1 1.85 50.11 I -l I 113 I ~ : ~ ~ I 2 ~ I 51 I I I -----+ c" 10' PUBUC SE'I\£R EASEIIENT SEE NOlE _ SHEET _ 114 ~ ..... o~ !' l!!~ ~~ N88'20'21"W 250.07 "'00 60.00 60.00 1 115 ~ 116 !' 117 I::: ~~ g :!l I;: §~ -'-51 51 60.00 80.00 -""Z~.~:f.. "---- ~ SE 123RD ST iii g Z '" '" ... :!! ~~ ~!~=-__________ ~~2~OO~.OO~· __________ ~ ________ ~ :Ii I N88'20'25"W 200.06' 129 .• 2 N88'20'42"W 2 109.38 NB!r20'42·W 3 515.79 SEE SHEET 8 OF 10 BASIS Of BEARING HElD.BEARING Of N86'21'OrW ALONG lHE SOUlH LINE Of THE SOUlHEAST QUARlER SCALE: 1" = 40' JOB NO 01-159 SHEET 6 OF 10 2D <G' ; ; 12112USIh"-NE Klr*rid.WAI!OJ4.eSI23 425.821.8448' 4Z!i.&Z1.3481_ 1OO.4U.075Iblt-. -- i VOL!PG 1 I.' ;.,. ~I ., w rn < o r ......... lJ GJ SHAMROCK HEIGHTS I POR SE 1/4 AND NE 1/4 OF THE SE 1/4, SECTION 1O,lWP. 23N., AGE 5E., WM KING COUNTY, WASHINGTON 66 98.97 TRACT T STORM DETENTION lRACT SEE NOTE 16, SHEET 2 N88"20'lJ"W 229.03 SO.Ol 94 ~ w i II) w > c( l' I.' % I-ID .., ... 47 N88 o'Jrw 52.02 30.01 20.00 7.00 86.56 N8B'20·33"W 661.47· BASIS Of BEARING LINE TABLE UHE LENGTH BEARING L5 6.94' NOO13',7"E L21 7.30' N16'4O'43"E L22 7.30' N16'4O'43"E LJi 5.00' H01'l9'la"EeR) l!I6 17.36' N-45,,,'J2"W HUD BEARING Of N86"2"07"W MoONG THE SOUTH UNE CE' 1M( SOUTHEAST QUARTER HORIZONTAL OA T1M -NAD 8Jjgl (KING COUNTY) OAlUM WAS ESTABUSHED BY HOLOING SPC COORDINATES. WASHINGTON NORTH ZOHE, AT KING COUNTY SUR'v£Y CQNlROL POINT fXXXXXXX S MONUMENT TO BE SET LOT CORNER TO BE SET FOUND LOT CORNER AS NOTED CD ~~~Cl~"IDtilTE~ENT 10' PRIVATE STORW DRAIN <i> EASEMENT S£E NOTES 7-21, SHEET l (R) RADIAL SEARING CURVE TABLE CURVE lENGTH RAOIUS DElTA Cl 26.32' 69.00' 6_21'5,'22- 021 C22 cn C2. C2S C2' COl C.2 COl CO, COS C86 C91 COS C96 46.67' 36.66' 36.62' 43.74' 043.59' 12.96' 48.34' 35.43' -46.3i' 47.88' 34.19' 39.68' 20.73' 39.68' 38.56' 35.00' 23.00' 446.97" 28.00' 36.00' 36.00' 27.00' 131.97' 30.00' 30.00' 1604.97' 25.00' 479.97' 25.00' 2'-00' 6-76"24"6" ~91'SI'28" 6;4'4,'Jr .0._69"30'14- 6s6!iJ'22'41" .6=20"37'19" 6=102'34'31" 6=15'22'50" .6-88'36'08" ,6=91'23'52· 6=11"52'29· .6-91'23'52· 6_2'28'30" 6=91'23'52- 6-88"36'08- 30' EASEYENT FOR INGRESS, EGRESS AND unUTlES REt. NO. 7208100354 N8S1''''''4-W 8 ~ 1n ,., 8 oi N ~ ,., ~ 8 ~ END r:F 4' 8 CHAlN UNK FENCE ~ 5.0' EAST ",f-~~ ~ --_266.94. x ..5 SCALE: 1" = 40' .. ! i i O.O.E.S. FILE NO. L02P0014 TRACT F'lO.90 30' SENSillVE AREA tRACT SEE NOTE 5, SHEET 2 AND NOTE 04, SHEET .3 116.59 -15'- 215.48 33 94.00 N89'44'304"W SEE SHEET 9 OF 10 8 g 46 I I 45 18 I~ I 105.03 S89'44'34"E I :~ 44 ,~ l" I ~~ 10' -I ~~ 43 <Y 42 105.03 S89'44'l4"E 41 105.03 [ ' 121121151hA ..... NE " KiItdInd. WA DB034-G23 TRIAD· . 425.821.8448· 42U21.3481tu: ASSOCIAtES lIOOAII.CI758ta1frw --------JOB NO 01-159 SHEET 7 OF 10 VOL/PG TRACT B OPEN SPACE TRACT SEE NOTE 2. SHEET 2 12 :l ~ 110.24 ,. S89"44'34-r ~ 13 ~ ~ £ ~ ,., 109.02 ~ 589'44'J4"E 14 g 107.80 <l $89"44'34"E .. 15 t: :gb; .,., ~ ~ \ -- 11 So.oo S2.JJ 16 ~ SE 124TH PL SBS'2o'42t: < o r .......... "'0 G) 2 ~ 0-W W :r III SHAMROCK HEIGHTS I . POR SE 1/4 AND NE 1/4 OF lHE SE 1/4. SECTION 10. lWP. 23N .. AGE 5E., W.M. KING COUNTY. WASHINGTON SEE SHEET 6 OF 10 CURVE TABLE UNE TABLE ;.,. J.EQlliI.l CURliE LENGTH RADIUS DaTA. UNE lENGTH BEARING C48 47.18' 28.00' A-as"Jz',o· Ul 1.03' NZ1"ZO'..a"'W ~I 6> <D ~ (R) ;; ~ I 8 '" I~ MOHUWENT TO BE SET C40 ,".06' 28.00' LOT CORNER TO BE SET 061 48.34· 27.00' C62 35.43' 131.97' FOUND LOT CORNER AS HOlED O6J 46,Jg' 30.00· 064 47.86' 30.00' 10' PUBlIC Ul1UiY EASDIENT 066 46.41' 30.00' SEE NOlE 1. SHEET 3 C07 44.65' 28.ocr 10' pmvA,1E STORM DRAIN co. 10.82' 28.ocr EASEMENT SEE NOTES 7-21, 06. 28.57' 35.00' SJi££T J C70 9.20' 73.00' RADIAL BEARING C71 20.0&' 73.00' C72 2.94' 73.00' co. Ja ... 25.00' co. 29.02' 25.00· TRACT B OPEN SPACE TRACT SEE NOTE 2. SHEET 2: 5 :;; 10· ~ I" ~ ~ ~~ ~~ '" 11 ~; 10 ~; " ~ I" 9 8 ~~ I" O!m 7 =~ :g~ li1 ~ 13 109.02 50.00 00.00 51 52.33 50.00 S88"2o'42~E SS!t'20'42"£ 50.00 50.00 80.86 00.00 50.00 58.53 S88'20'42~E S88'20'42~ 588'20'42"( 10· 16 17 18 19 _!L.~ __ 00.00 _ ~2.!.91.. S2...JJ SO.OO 50.00 _=-___ S882Q:.42"£ ___ -"'344~ . .l!!9J 10' ____ _ SE 124TH PL SCALE: 1" = 40' ,. 40 , , eo ! 50.00 BASIS Of BEARING HELD BEARING or N86'21'OrW AlONG 'THE SOUTH UNE Of 1HE SOUTHEAST QUARTER HORIZONTAl DATUM -HAD 83/91 (KING COUNTY) DAruM WAS ESTABUSHED BY HOlDING SPC COORDIHA lES. WASHINGTON NORTH ZONE. AT kING COUNTY SURVEY CONTRa. POINT IX)()Q(XX)( 6-9818'2 .. - 6._10T~'31· 6.-15~·50· .6-B8'J6'OS- &091'23'52- l1-88"38'O'· 6-91"2"59- 6-22"07'59" 6-43"29'29"' b,anJ05"' A-1S'44'SY 6-2'8'22- 6-88"36'08- 6-68"30'02"' U2 .. 00· N74'4Z'ZS"'W(R) L33 10.00' NOO'7'36"'E ' L35 0.7" N8B"20'25"'W U9 5.00' NOl"39'18~(R) L40 5.00' N89'4Z'Z"'"'W(R) L44 20.0" N887.0' ... 2"W L75 15.22' N66,r26"'W CENTERUNE IS 1.27' SOUTHERLY or 1/16iH CORNER ~I .... b· ~I 30· 30· " IQtIMnd.WAII8034-G23 ~'" 1211211!t'1Aw.NE TRIAD· .425.821 ..... 4Z5.a21..3411ta ~CIATBI ::,~ D~D.E.S. FILE NO. L02P0014 JOB NO 01-159 SHEET 8 OF 10 30· w (/) w > "" J: I-CD :! 30· G • SHAMROCK HEIGHTS I VOL/PG POR SE 1/4 AND NE 1/4 OF THE SE 1/4, SECTION 10, lWP. 23N .. AGE 5E., WJJ.. KING COUNTY, WASHINGTON liNE TABLE UNE LENGTH BEARING L3S 5.00' NO'''39'U!''[ L56 17.38' N"5""·3.2~ CURVE TABLE CURVE LENGTH RADtUS oaTA as... 47.85' 30.00' 6-91"23'52" cas 39.es' aoe)" 6-91"23'52" C9S 39.88' 2S.0Cr 6-91'23'52· C96 38.86' 25.00' 6-88"38'08" C99 20.92' 21.00' 6-57"05'05- 102305g042 30' EASEMElIIT fOR INGRESS, EGRESS AND UTIUTIES REC. NO. 7208100354 END OF 4' OiAlN UNK FENCE 5.0' EAST ,A~~ ---268.94_ x J 215.48 SEE SHEET 7 or 10 ~ w I rn ..J 42 Do. ::a:: I-ID :t ~ '4' -'9' 105.03 I~ 14' §'9' X ~~ __ l~~;-___ ~ _ _,o']!:! SE 124TH PL ~ I 32 ~ ~.!ft'--- 36.09 NB8"20'42'"W - ill ~ .... ~ ~ ~_·r __ ~~~~~~~=fS~E~1~2~5~TH~S~T==~~~ __ ~ WIRE FENCE 0.2' NORTH WIRE f'ENCE 1.8' NORTH -15'- 39 ~ :;i 130.86 .. .., .,; '" re .., r:! 130.86 '" 1;; 589'44'34"[ 10 g z· ::: § SENSilNE AREA TRACT SEE NOTE 4. TRACT E SHEET 2 AND HOlE 4, SHEET 3 130.90 N88"20·SO·W TRACT E S\"IAMROC~Gf'S\ -- \fOI. ---' O.O.E.S. FILE NO. L02P0014 I I~ I~ I I I 2" 2" 33 94.00 '0' NBS'44'34"W !':.-.® 8 g 34 ".00 N89'44';U"W g 35 g w rn ..J 94.00 Do. N89'44',l4"W ::a:: I-~I 11) 36 'It GI ... I I ".00 '0' 1 21' i'-® N89'44'34"W 81 ~I 37 I I 94.03 I 266.94 :-'0' I I I I 11 I I 10 I:; 10' -1 g) ® ~ '0' I SCALE: l' = 40' 20 '" eo ; ; ! -"-"- UtlP1).>fED 1023059039 BASIS Of BEARING HELD BEARING OF N887:"OT'w AlONG 1HE SOUTH UNE OF THE, SOUTHEAST QUARTER DA1l.lM. HQRlZ(JIITAl DATUM -NAD 83/91 (KING COUNTY) DATUM WAS ESTABUSHID BY HCl..DlNG SPC COORtnNA YES. WASHINGTON NORTH ZONE. AT lONG COUNTY SURVEY CONTROL PQlHT fXXX)OOOC \9 MQNUWENT TO BE SET LOT CClRN£R TO BE SET rOOND LOT CORNER AS NOTED (j) 10' PUBUC unuTY EASDI£NT SEE HOlE 1, SHEET l ® 10' PRIVATE STORM DRAIN EASEMENT 5[[ NOlES 7-21. SHE:£T3 (R) RADIAl SEARING "-"-" -"-"-" [ '" 121·121151hA .... NE " I<IncIInd.WAIIII034-G23 TRIAD· 425.821.8448. 425.I21.3411fu AI,OCIATES' aooAII.G15I5la11'" ;....----- JOB NO 01..,.159 SHEET 9 OF 10 < o r "'-"U G'l .... .., .., I 11> .., !!l tj. "'.49 N89'.;46'43'"W 90 92.03 seg'.6·"YE 91 f-~"'7'=--.~ .'.05 589·-46·....,-E 92 .2-OJ S89'.;46'''YE 8 93 ~ .s CURVE TABLE CURVE l£NGlli RADIUS oaT. c •• 5.69' 73.97' 6-4"24'40* C •• 20.06' 13.97' 6_15"32'21" 020 28.42' 73.9; 6=22'00'55" C2I 46.67' 35.00' 6-:-76'24"6" CJO 3.73" 488.00' 6=0"26"8" CJI 15.26' _.00' 6-"47'28"' CJ6 '5.49' 488.00' 6 ... 0"36;42" C40 24.83' 618.91' 6_Z1T5!t C4' 25.97' 286.51' 6-51"39" C42 47.59' 28.00' .0.-9722'20· C4J 30.32' 179.00' ~9'42'18" C47 48.&6' :50.00' 6.-92"56'20" C4. 47.1s' 28.00' 6=96"32',0· C4, 47.06' 28.00' 6-9618'2." C50 23.18' 25.00' 6-53'07'48" CSI 10.05' 317.51' Ll.-,'48'SZ" CS2 2 •• 16' 317.5" 6-4'2,'37· C5J 26.67' 587.97' .,.-2·J,5'55· C54 15,17' 587.SI'7' ~1"28'43· D.D.E.S. FILE NO. L02POO14 • • SHAMROCK HEIGHTS I VOL/PG POR SE 1/4 AND NE 1/4 OF THE SE 1/4, SECll0N 10, lWP. 23N., AGE SE., W.M. UNE LS L15 L22 l2J L24 L25 L28 L20 UO LJ' LJ2 L49 LSD LSI LS2 KING COUNTY, WASHINGTON SEE SHEET 6 OF 10 LEWill 6) MONUMENT TO BE SET LOT CORNER TO BE SET FOUND LOT CORNER AS NOTED (!) ~~~#c,~:Jri~SEWon llf PRIVATE STCJR).I DRAIN Cl> EASEMENT SEE NOTE NOTES 7-21, SHEET J (R) RADIAL BEARINC UNE TABLE LENGTH BEARING 6.94' NOO13',rE 7.35' N72"3"'S"E 7.30' NI6'40'43"£ 7.30' NI6'4O'43"£ 8.66' N1614'09"W 1.30' NI6'4'09"W 4.10' N76"5,'24"W 4.88' Nl8"24'26"W(R) 14.64' N21'2o'46-vt 1.03' N21'2o'46"W 5.00' N~4'42'25"W(R) 7.31' ms1)'llrE: 5. ... NDCn',o,rE 4.14' N60"26',,"£ 28.76' N45,,'41~ TRACT B OPEN SPACE TRACT SEE NOTE 2. SHEET 2 SEE SHEET 8 of 1 0 109 110 111 LB4 12.~· N21'20'46"W U;. 12.5" N19"03'23"W SCALE: 1" = 40' i T .. ! BASIS OF BEARING HElD BEARING OF N&5'21'orW AlONG lHE SOUlH UHE OF 'THE SOU1HEA.ST .OUA.RlER HORIZONTAL OA,ruM -NAD BJ/il (KING COUNTY) DATUM WAS ESTA.BUSHED BY HOlDING SPC COORDINATES. WASHINGTON· NORTH ZONE. A, T KtNG COUNlY SUR\£Y CONTRa.. PaNT fXXXXXXX £'" t2t12115t\.bt.NE . " ~WAIiIiI034-GZ3 TRIAD 425.821.8448 425.121.3411_ .. ASSOCIATES IOOA88.075&tII .... -------JOB NO 01"-159 SHEET 10 OF 10 < o r .......... -0 G) 'f •4~ ,',:: ..a ' , -" Kathy Keolker~Wheeler, Mayor 'CITY. RENTON .' ~. PIanningIBuildinwPublicWorks Department Gregg Zimmerman P.E., Administrator January 7, 2005 Sara Slatten c.iunwest Development 9720NE120~Place -Suite #100 Kirkland"WA9S034 ' , ' , " , SUBJECT: D~ar Sara, Staff has completed their review Qf the ab(we.~,ubje,ct' 11.:16tplat and has made ,th~ followirig' " . commentS. Although every attempt ismade,tdd<dli}iorough review, there inadebe additional, ' • ,cotnnlen~, as sUpplemental infoimat.ion'.1Je¢~rneS ',a:v~ilable.. ,Once;::youhavecompletedili.e revisiorisplease resubmitthreebluelities tOxhy.offlce:< ' '" ' . ," .-, Final Plat Recording Concerns: 1. Note the CitY of Reri!6ri land use action numberahd ltln.d rec~rd number, LUA-64~148-FP' and LND';104>413, respectively;~hthedraMngsh~ets: ,,'The type'sizeused for the land record nlimbershouldbesmaller than Jhat ust<d f6r:theJanduseaction numl>er. ' 2. ' The section(15) noted under the "LAND Slm.YEYOR'S CERTIFICATE",biock i~ ~correct. Revise a$'needed. , 3., Said incorrect se,ction (15) also appears in the indexihg block noted in the lower right-hand ' corner of Sheet 1 of 4. ' ' . . . . . . . . . . . . ..".. . . 4 .. The legal de,scription (Sheet 2 of 4) contains a tYPo error and the fonnattmg of the legal description for Parcel B could be better. See the attachment. 5. City of Renton stfeetmimes (NE 4th Street) should be used on the plat drawings, nCit county names (Sheets 3 and 4 of 4). Note that the plat street running in an east/west direction, southerly of Tract E and Lots 10 and 11, is named NE 4th Court. 6 .. , Seethe attachIDent for the lotaddresses. Note said addresses onthe plat dfawing. 7. Complete City of ReritonMonument Cards, with reference points of all new right-of-way monuments set as part of the plat. ,~ --------'-1-O-5.....,5-So-u~th-G-r-a-dy-W;-ay---R-e.,--n-to-n,-W;-a-s-hi....,n,-gt-on-9-80....;.5-5--~---'---R E N TON ',:i,.. " AHEAD'OF THECU'RVE ~ This paper contains 50% ~ material, 30% posl consu,mer e·· . . . . . S. ReIllove that portionofitem No.3 under "GENE.RAL NOTES" beginning with the word "UNLESS" . 9: Item No. 4 under "GENERAL NOTES" uses the word "DEDICATION" in regard·to.a· "sensitive area tract. is said senSitive tract referring to Tracts E and/orR? These two tracts are being conveyed to the plat's Homeowners' Association (see Item Nos. 7 andS). " . .' ". . ". ' . .. 10. NOTE: S:AIDrrEMNO; 4JS REPEATED 'UNDER ITEM NO.4' OF THE "EASEMENT. ,PROVIsIONS'; BLOCK (same drawingsheet).bnlyone reference; tQ said Item No.4is, " needed~ It is. also noted that Item No.4 und.er said "EASEMENT PROVISIONS~' block' " , reference's "'KING COUNTY" instead of the City of Renton. . .' ..., . .' 11. Item' No. 4 tinder "GENERAL ,NOTES" remove the ftrst 4 lines: "Dedication 'Of a . . 'sensitive area Tract/sensitive, area and buffer cOllveys to the publiCa beneficial interest iti . the.la'ndwithin the tract/sensitive area buffer. This interest includes thepTeservdti~1iof. '. 'native vegetation for all pu;P¢!iJ~~0t~at?biih~t~(~i!p~blic he4!th,safety cmd welfare;jJlant. and anima/habitat". ..0\i'~· •. ·),*!:: :'.. ····'0:,litrh " .', '. ; ..... . '. ' .. .J))' "'t~,,~i \:;,;,~·~t\.. ,.,' i2. The 26' wide utility~d: a~cess~'asem~fit'showrii~bveri1L6¥s,A and 5' isa private easement, instead of "PUBLI¢f:.as shd",'1'{'(Sheet 40f 4)::Item'~'p:f,iO~}ll1der "GENERAL, NoTES" ",willneedto be retse4'~~'~Fed~t"., .. "", ,:j ::,~,"':'~ .)~. ,.!:\.~ " ... ,.', 13. The same easemfut listedabov"e'Sh e1:sho~asa:26' wid~~ftre accesseasemertt:Item . '. : . • -. . -,:,~ . };.,: , . -~;~m..~I-\:~'t:!l"'· .{:.¥~", ;§?-;:..>.i.' '~ '1, _ ' \,~ .. "" -. -". ". , ,;No.)O under "QpNEJt4 NOllE.. ,'Jo?be r~Vi:Se4!~s p~eded, ~~ , , :"..{" ti:- "-. .' -".),.. . . "~:. ." ?": .. ~<~)~.~. ,"ikI~ "::~¥~iS:~~ '.)l" ";~,;", ."" ".' _ . ". ' " 14. The l$' .. public s~r'er easefOe*.rt:~te,~:on Tr~~!:s~shoy~~ be sh,ti'wn as' a dashed line, not a . I'd I" "(Sh' 4' f4)· ,-.",'" , ". . If ..so .~ . . me , ,eet . 'fQ, :f. . ,,'. /( ,;"QJ,-;:;;;".jt;' .' ,", --;¥" '--~<;. \ "7~<'" "~";~~,.... ~~f(:~""", 15~ :Representativesoi·~SJ1~~~k·'.JHGHJ..ANDS·:·'£Ltilj·" " ,uRiAP, INC. are" provided, ',' , ·slgnatirre line~ under.th~c;:p'E:,f>i"CA:'f~ON"··.~~br?clCf}&!!9~~. ,Coinler Homes Cbinpanyan<;l •. ' . Bank of Ammca ate noted,'Wtthin the '~ACKNOWL'i'E)GMENTS" blockS. . ' .'.., .. . . '. '. '.:, .+:,:~~~.,~~.~;:.'~./,<.:.".' <;li"'~"'" . " . . ' . . .' .16.Tl1e second paragraph under, the "COVENANT~"block (Sheet'1 of ,4) refers ,to the . " "SHAMROCKHEIGHTSCOMMlJNITY ORGANIZATION". ,IS this 'a reference to the Homeowners' . Associatibn? If so, please use "FIomeowners'As~ociatioil" forconslstency,: .. '.. .' throughOt1t the plat subffii~L '. '. . .' '.' . , . .' . , '17.Th~!eateseveral references ,to the pl~t of H~neyBrooke Div; N (Sheet 3 an.d4. of 4)., 'Remove the word "PROPOSED;' from said references. 'Said plat has beenTecordedih ... VolQl11e2200fPlats,Pages 4-6. Note said information iIi the spaces provided (Sheet 3 of ~. . '.' . ". ' ~18.Note whether the properties to the north of the stibjec;t plat properties are platted (note the,' plafnameand lot nmnber) or unplatted. '. .' l~.Note discrepancies between bearings and distances ofrecorel and those ,measured or ' calculated, ·ifany. " "\ , " ~ .:. ,'.J i, " . ; : .3. 20. TrtmSnation Title. InsurimceCompany. Second Subdivision Guarantee report; Order No." . 20032764; dated October 23, 2004, incllJdes it referenceto deeds recorded under Rec. Nos. 5755891 and 5755892, for slopes (cuts or fills). ,Include said item under "GENERAL . NOTES" if it affects the subject plat properties; . . . . . .' -. . . '. 21. The current position of the citY conceming ownership of the Native Growth Pr()tection~ '.' Easement Area (Tract E)aiidthe storm detention tract (TractR) apply to the subject pIaL 'WithaHomeoWners~ Associatio,n established ,for the plat, the followinglahguage cOri.cemmg ownership of "TractE" and ". Tract R" applies to this plat and should be noted on the finalplatdra\.yingas foilows: . ' . ", ·UpontherecoT<Jiilg ofthisplat~ TractE aJld TiactR, a Native Growih Protectioh' Area, tract~da Storm 'Detention tract; 'respectively, are herebygrante~ .and' . coriveyed'tothe Plat of Shamrock Heights ITl!omeOWIi{:fS' Association(HOA). All . necessary maintenimce activities for, s3:id Tracts will. be the, responsibility of }he . HOA .. In the event thafthe HOA isdissolvedor:otherWisef~ilstomeefitsproperly ... tax obligations, as evJdenced bY.non':paymentofproperty taxes fr,o a period of ." eighteen (18}~onths, th~n5e'atii&~t"'1fi'''thls$plat shalla~sumeandhavetheequal anci . 'ui1divided oWnership:j~~jtst'lB~:Vi'~Tracts p1&~~usly oWned by· the' HOA and have the attendant f"J~~~~limd;~~~~~~~ resfiisi~i1it~es: .' , . . ,. '. , .. " i? ....':.Y.·, ."'" ' '., '., ,,', •. ,li! '" ~c ." . ,'. 22. An updated Plat Qehificate .. will be required, to'be date'd;Wj.thin the 45-days time frame' . .' _ . "., .. ' • ., ~._", .";: '_ '. . '>;', ,,,.-r." '. .', ~l:t,.. ,-'. -: . • , priorto:CityCoUl!cir~st;jotr,on!4eslJ!?j~~~p.J~t., '\: )v}. :~, ' .• '. " .. '. .' . , .....' ... ·t',/ ,:,;;~, t~3;j%i>:~;i;r;~~}&,\ "·l<.-. .' '.' .' 23. ForconsisU:ncy,~have all/ref~~ ''0' SaG f' '--"'\~:kHetghts"inelude ,the '~IT" (all draWing • .... .Sh~). .. ); .qi~\ i,~t.~~" .." . j+l .. ,.. .... . ... . . . ,' .' 24. ProvidesuffiCient:tf:£~~~toJoP@~the~J~!lt, ~,~:~:lenion Lot 11 and. TradE. . .. ' 25. Inclu~ethe word "~1J#-ANpS:' by TractE (~~eet~F_ ~ . 4}P' . .-. :. "," ",' ,.-'.' . ···.·~~:c_ > • ,,' -.~~ ••• ";.-••••• :~ •• ::. ," .?. ~~ '~{' ~j,.~:f}~ ·26. Replace NPGEby NPGA, .. --'., -,." ,~-~:;>"~,,*,,Sl>: .: . , . . _~,,~)~i.5~>. Plan Review FirialPlat Comments: "eY'C ",'., .· .. ··27~.Re~0~e'the.secondparagraph Under Item No. 4 (iii both"EasementProVisions'~.bl~ckaI1d·· ~h.e"GeneralNotes" block);. . . -. , . . . . " ~8 .. Pleasesubinit a letter ofacceptarice of the water . system from 'Wate~ :District #90. 29. Thefrre'accesseasemerit across LotS4 and 5, for access to lot 6'net<ds tobe.20.,.foot'wide . ." .-': . . .... '. ' . . . , . 30. Subrtllt a phitmap fofthe portion north ofShamrbck Heights IT to verify that lo~thatare . . draining. to the pOIid Within Shamrock' HeIghts IT are ihql~dediri'theiriaintenarice' of the .'. '. storrriwater faci!ity (porid). . ,-..,... 31-. Submit the Articles of Incorporation of the Shamrock Heights Homeow,ner;s Association '.' . . with proof that it has been filed with the State of Washington. '. ' Covenants, Conditions and Restrictions docum~nt review ,at . ., .. 32. The property in King County, served by the dr~inage facility,sh6uld be part of these' covenants'~ '3i The City of Renton should be able to enforce , thf;! c~venants and should beaddedfo:the end , of the nextto last full paragraph of page 3~The last full paragniph on page 3 sh6uldbe expanded after the words "facilities" the words "street trees, 13:ildscaping, along NE 4th Street". '.', , ' 34. The definiti<?n o(plat on page 6 should be expandedtoincludethe KingCountyproperty.'" ." ....' .". , 35. Section 2.11 should have a sentence added reading "lithe owrierof Lot 10 does not maintain, repair and/or replac~ ',the split rail fence or tI1ewiremesh fencing; 'to the satisfaction' of the City of Renton, the' Association shall do so as part of itS common area h'iairitenance reSponsibilities" ... ' ' ' ' , ' .," 36. Section 13 should beatilended by adding a,se~tence read: "These CC&R'~ ~y not be amended as they relate to maintenance of cOmlnon facilities Without the prlorWritten , approval of the City OfR:,~:~~:::~:;}";);';~~~:~:;"~~'~;'~%lli:-~\;':;i:,:,~: ' , ',,' " ' ' 3 7~,Where it read NPGE s!wu!d ieaq,f'WGA. ':?j,2~, ,i!;;il -~ .. _. 'f";' -.,: .•. ,1'J"·;"~"~':-~'l;; :~.; ..... ~ . . .": ./...... ~\>. . ,Y~ ,," ".: ;Vil.: 'Planning Review FinaIPlat"(;oinmenfs;" , 'O,~,i'.< ""1::" , . '", ~, . ",.:. . ".. '. .;;?' L, '., ~': ,,<-. . . . _. . . . :>.~.Y(.Y~·> __ .>' \ ~:t·. . '. , ."'..,: ',', , 38. ·Verify Lot I 0 cowpliim~e:withha) IJ!#ljm~J9t widtli of 70 feet; by mininwm lot size of . " . ·:.-t .. .~. "'"':', .t'flt.~, :';"'.-1: ,,,,,~~,,~ >"'~'~-.~" .... ?-_... . ,,',' 7 ,200sq ;ft; c )sljpw' wetl,and l\P9.; ,.' aii~i\1?~f(~~ on-platto ,v~fy' complian.;:ewith iIEX , ;condition No.K'~ ; "~';/; JJ~S~~·D t'E', ,'. ".: :." -;~-y' .,:' ~1;.,._ . P .' ~ ..... . " 39" Subnritfmal wetlfId repo\1, miti~t~~& anal*9J;iitormg/plan, for:L~pptovai', ," . .' :' .. : ._ :. :. ,';::",? ",",-;;~~"'\" ···-~·";.··~·fi~~: ;'<::'f~" :}~f~~¥~r:,:. .il'· ;~~':>>:-.,"" :~~~'. . , ,4Q.Final mspection ,0f;we~Illl,!?ii~~ludes fencing)sha!Jj~~CQmpl~ted., .' .".. . .' .' "~,;-..... ,,?~ :<.) .~. '. ". " • -"./"-",~"~;~:>-,,, "-~ ," . , '4 L Subtiiitestlmate of 5:~e1-Srii~inte~ance arid tnbnit~cirglQ forwedands. ':., ' ... ",."... ".": ." . '" -",,~t>,~:,~.:,· .:'< . d?:~,~ .. ,; , .. ~.~. ';;~; '. '~~~~.,,<~::,;#J!F. . " .. ..... '. '. . "'42.Asec~tYdevlceinthe~6unL9flZ5%;on~~;(eifttriated cost must be in place prior to "recording: " ""!!,!",,.'~''';;;'''~l:«U'' ", " ,', ' Cortstril~tioIlConullents: ' ; , "Pleasenote tliatUte cOnm1ents,abo;e'addresstheplat reView: You Wil1wantto'~~Iltit1iieworklng::~ With the City irispector, Dan Thompson, to insure that the project has a 'fID.alwalk thtoughan4 ' , sign-pff by themspector. This includes, any punch list items from-the inspectorlllld/or the City ",Maintenance Diyision. You will want to verify that you have the proper street narileson the'street ',,' " ;', name signs '(along ~th completing all street signage) that ar~requiredto be instailedprlorto" recording. ",PIeasecontactDan Thompsoll if you have any questions 011 these construction items.' ' , . . . 'Fire'pfeventi(j~ C~ninients: Allroa~way and streetsignage work needs to be completed. As:,.Built Concerns: The ,constructicmptimjt planmylars must be diecked-6utfrom the. sixth flo,or:l>ublic works, ,colUlter and updated or replaced with a complete As-Built plan set. All plan sheets; induding' 5 those constructed pet design, must be verified, stamped and signed as As-Built by a licensed s~eyor or engineer. The mylarsare labeied As.;.Butlt 'in large blockletters and stamped by aPE or PLS. Sublriit an ASCI file along with your As-Built drawings . . The ciVil draWings shall accurately reflect the constnicti~n actiVity. TIle ciVil drawings also need to sho~anstreet lights, sanitary sewer, arid storIil' drainage systems easements whiChshailbe consiste11t with the. As.,Bliilt .location6f the .utility." Once. the above' have been addressed,. submit one 'set of As-Builtbluelines of·thecivil drawings to riiy office. The. inspector willbe reViewing the bluelmesand if all is in order I will then call fortheCiviI mylarsto be returned.' These final . mylarsmust be submitted. for our permanent records. CoristructioriCost Data Concerns: Atthe same time the As-Builtbluelines are submitted, th~ owner of the developmen.tor authorized '. agent. shall supply . the detailed construction ~osi of tl1e PUblic Sanjtary ; Sewer . Systein,'Storm . Drainage Systems, street.improvementsand street lighting on the. Cos(Data"aIid hiverit9ry· Foriri . and sign it at the bottom~Thisforni· is toreflect only those facilities th~t will be tuIlied over to the. ": Ci~. Ex:~mples~f items t~~~' are No,!,;\:~~.d:~y.?J.ii'~~~otfide .sewersWbs~wat~s~~~e lines. and' .' pnvate stortndramage faClhnes .• E-ettifi:( thtr0l1.gmal fOFIl1..,to my office •. ' The BIll of Sale IS to, ; .. . reflect the items and quantities~s"shq~,.ori th~Cost Da~§~4~1l1~eritoiyfomi (both are enclosed). ,; .. ;~i·': ~i.' ~ ; . ~ . :. . .' . .i::j/ _.'. ..\7~·i:·.'r¥.~"''''''~'·~'·~''' ".-." ~" ". ~ ,·"'~:~A" '. .'. A maintenance bond is n~qyifedmthe,amount of lO%oKthe,~(n~tar of the water,. sewer, storm, street anp streetIighting!,\~o~ts as sliown on the Cost D;ta,J~v,&tp~ fon11. A.stan<;furdClty of Renton. inaintenanc.e bOI\~ form'''i~'.enc,!()le .3~..i.,~~lfR~tWtbo~dWill O,~"releasedupohreceipt and acceptance' Of. the mainfenance.bond~1iav 5!,,;~1;>Q "<1( ocwv.eritatioq;; and. final. sigri-offby the ' .. inspector. . E! ,; '. 3. ;;, '2" '. . . '. ,.'" .~.' t(l "Fees: . " ..", v'",;, .f, i' . ... . . . 43 .. Th~applicantsh1up~:tt4~.Fi;~~MitigatioI/P~eof.i'$",,4&:&0P~~~'e;ch new.si~gle-fartrily lot ..•. ' " '.. .. . '0,' ...• , '. .. ."-" (f".r-"'" it;. '. , . p~or to therec()rdili~,o{;,the9hal:e!at ,/" '<''l ,i", . .' . '. ' .. . " A\ ;.....", ! " . . . .(1:1' . '. -"-.' ' . . 44.· The (ipplic.ant shallpaftl},~tTi.ansPb~~on·Niiti~~tion /~;of $'717 .. 75 per each ne~ single-.' .' . '. . fannly lot prior to the recofai~g ot: th;~h(il plat. .. :,YS ~. . . . .. '':'~;;:?~\ .. ~:, :i~:·jr.~Yt~~:-;,<':~; r-J ::.~~,:t~~.';.<;1(.~~· '. . . 45. The applicant shall paytheParlCs'Mitigation Fee of $530;76 per·eachnewsingl~~faniilylot'·· .' . pri~rto' the recording of the final plat. . .... . '. It isateain ~ffoi1 6f all of the above City. diVisions yoUr engmeer and yo~ sUrveyor to get your"" ..... . . plat to finalplat .approval. Ifyoll,haveanyquestions, please contact me at 425-430,.7278. Tharik.··· . ' .. you fot: your cooperation. . . Sincerely, cc: Kayte~ Kittrick' Lua04::.148 City of Renton InterOffice Memo To: From: Larry Warren, City Attorney Juliana Fries ext: 7278 Date: Subject: January 3, 2005 Shamrock Heights IT Final Plat LUA 04-148-FP Declaration of Covenants, Conditions and Restrictions Please review the attached Declaration of Covenants, Conditions, Restrictions and Reservations for Shamrock Heights IT as to legal form. A copy of the Hearing Examiner's Report and HEX Request for Reconsideration dated July 1, 2004 is attached for reference and your use. Condition 6 states: "A Homeowner's Association or a maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services prior to the recording of the plat." Condition 11 states: "Install split rail fencing with wire mesh around the north and west sides of Lot 10 to discourage entrance and place wetland signs around the perimeter of the entire wetland buffer. Amend the CCR's to require this type of fencing for Lot 10 for perpetuity." Condition 12 states: "The applicant shall be required to plant and maintain approved street trees, 15 feet on center, within the 20-foot front yard setback of each lot that abuts a public right-of- way. This condition shall be completed prior to the final plat approval and be subject to the review and approval of the Development Services Division. In addition, this condition shall be included in the sibdivision's Codes, Covenants and Restrictions (CCR's), and the maintenance becoming the responsibility of the Homeowner's Association upon project completion." In addition to the Hearing Examiner conditions, on July 26, 2004, City Council added: " ... problems with the maintenance of landscaping at developments along the NE 4th St corridor, and stated that she (Councilwoman Briere) wants to make sure that a requirement is placed on this project regarding landscape maintenance". The plat includes two tracts. 1. Tract R that will contain the water quality/detention facility for the site as well as for an additional site (the larger Shamrock project within un-incorporated King County), 2. 'Tract E contains the very southern portion of a Category 2 wetland that extends off-site to the north and to the west, and the buffer associated with the wetland. The consideration by the Council will be February 2005. If I may be of assistance in processing this request please call me at 430-7278. cc: Kayren Kittrick LUA 04-148 Shamrock Heights II Final. LUA 04-148-FP Declaration of Covenants, Conditions and Restrictions 01/0312005 _ 2.;<, 3> -- -~cU'h~ /14 Page 2 • • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR Shamrock Heights II A Subdivision GrantorlDeclarant: Shamrock Highlands, LLC., a Washington limited liability corporation Additional names on pg. NI A . Grantee: SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION Additional names on pg. NI A Legal Description: Official legal description on Exhibit A . Assessor's Tax Parcel ID#: Reference # (if applicable): DEVELOPMENT PLANNING CITY OF RENTON . NOV 242004 RECEIVED· 1lI19/04 5:54 PM 1023059040 & 1023059304 • • DECLARATION f· OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR SHAMROCK HEIGHTS A Subdivision 11/19/04 5:54 PM • This Declaration is made as of this _ day of , 2004, by Shamrock Highlands, 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 Shamrock " Heights II referred to hereinafter as "Shamrock Heights II~' or the "Property," which was platted as Shamrock Heights II and is more particularly described in Exhibit A attached hereto. B. Declarant desires to create an association at Shamrock Heights II to provide for the maintenance, preservation, and architectural control of the Lots, Tracts, and Common Areas (all as defmed 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 for a comprehensive system of land-use and building controls within the Property. SUBMISSION OF THE PROPERTY TO TillS DECLARATION Dedarant, being the sole owner of the Property, hereby makes this Declaration for 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 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 owner thereof. This Declaration shall fun with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors; adJ;ninistrators, devisees or assigns. Any conveyance, transfer, I sale, assignment, lease or sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable b)' Declarant, any Lot O~r, the Association,"ruufcmy flrsfM0T!gag~e of~y Lot. "J? cc0 of fZe.nloh1' The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access road unless those improvement are q~eded or sold to a government agency that assumes the maintenance responsibility. .... .""" ~ 11119/04 5:54 PM - 3 - • .' Article 1. DEFINITIONS Section 1.1 DefInitions. For the purposes of this Declaration and any amendments hereto, the following 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 articles of incorporation of the Association, as defmed below. "Assessments" shall mean all sums chargeable by the Association against a Lot, including, without limitation: (a) general and special assessments for maintenance, repair or replacement of the Common Areas; (b) special assessments for maintenance, repair or reconstruction of the Private Joint Use Driveway Tracts; (c) special assessments for maintenance, repair or reconstruction of the storm drainage facilities with the Private Joint Storm Drainage Easement; (d) special assessments against a Lot Owner for work done on the Owner's Lot; (e) fmes imposed by the Association; (f) interest and late charges on a delinquent Owner's account; and (g) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. "Association" shall mean the Shamrock Heights II· Homeowners Association, a Washington non-profIt corporation, as described more fully in Article 3, and its successors and assigns. "Board" shali mean and refer to the Board of Directors of the Association, as provided for in Article 3. "Bylaws" shall mean the bylaws of the Association as they IIlay from time to time be amended. "City" shall mean the City of Renton, in the County of King, State of Washington. . "Common Area" shall mean all real property and improvements described in Section 2.1. "Declarant" shall mean Shamrock Highlands, 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 rights and duties of Declarant by written instrument in recordable form. 11119/04 5:54 PM -4- • ' ' • "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and Reservations for Shamrock Heights II, and any amendments 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. "Lot" shall mean and refer to any of the 11 numbered lots shown on the recorded Plat of the Property. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot. "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5. "Mortgage" shall mean a recorded mortgage or deed of trust that creates 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 designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a Mortgage which constitutes 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 interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less 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 affected person shall be notified of the decision 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 interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. 11/19/04 5:54 PM - 5 - • • "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the Shamrock Heights II Plat recorded at Volume xx of Plats, at _ pages xx through )CX, Recorder's File No. XXXXXXXXXXXXXX, records of King County, Wasliillgton. -'. --- "Private Storm Drainage Easements" shall mean storm drainage easements benefiting certain Lots, as shown on the Plat and referred to in Plat Restrictions 12, 13 and 14 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 Shamrock HeIghts II and is more particularly described 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 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 Description of Common Areas. The Common Areas, as shown on the Plat, are comprised of the following: A Tract E NGP)t TractR Storm detention tract . Section 2.2 Dedication of Common Areas. Declarant, by recording the Plat, dedicates, transfers ~d conveys the Common Areas to the Association. . Section 2.3 Use of Common Areas. Each Owner shall have the right to·use the Common Areas in common with all other Owners, subject to this Declaration, the Bylaws, any rules and regulations adopted ~y the Association, and the following: 2.3.1 The Association may totally bar or restrict use of portions of the Common Areas where ordinary use could be dangerous, unreasonably increase Association costs, or be detrimental to the environment, or is inconsistent with its designation as a Sensitive Area on the Plat. 1I/19/04 5:54 PM -6- 2.3.2 The Association shall have the right to suspend the voting rights by any Owner for any period during which any assessment against such Owner's Lot remains unpaid, 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 allor' any portion of the Common Areas, including easements 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 effective unless two-thirds of each class of Members vote or consent iIi 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 the requisite vote or consent . has been obtained. Section 2.4 Sensitive Area. A certain portion of the Common NGPE Area has a special designation 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 Association consistent with the Plat restrictions. The split rail, wire mesh fencing which is installed shall remain in place and similar in style at all times unless under temporary repair or replacement. Section 2.5 Drainage Tract. A certain portion of the Drainage Tract (Tract R) has a special desigllation on the Plat as a access/drainage tract. The tract is subject to special use restrictions set forth on the Plat and to any supplemental rules or regulations adopted by the Association consistent with the Plat restrictions. Section 2.6 Private Association Storm Drainage Easements. Certain Lots are subject to Private Association Storm Drainage Easements, which benefit certain Lots. The Association shall be responsible for maintenance of the Private Association Storm Drainage Easements. Section 2.7 Landscape Easement. The Association shall be responsible for . maintenance of all street trees, detention pond & NE 4th Street frontage landscaping, and the V privacy fence along NE 4th Street. . . Section 2.8 Private Joint Use Driveway Tracts. Private Joint Use Driveway Tracts serve 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 Owners served by a particular easement,shall be responsible for the maintenance of that easement as provided. llf19/04 5:54 PM - 7 - / .' Section 2.9 Private Joint Storm Drainage Easement. Plat Restrictions 12, 13 & 14 establishes a Private Joint Storm Drainage Easements over which benefit certain lots. Declararit, by recording the Plat, grants a storm drainage easements to the Owners of the Lots benefited. The Association, at the request and cost of the Owners served by a easement, shall be responsible for the maintenance of the storm drainage facilities within the easement, as provided in Section 2.13 Section 2.10 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 family members, guests, and tenants of such Member. Each Owner shall be responsible for informing such Owner's family members, guests, tenants, and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to 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 Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.11 Fencing. The Declarant has installed fencing along the 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 within· their respective property boundaries. The Declarant has also installed split rail wire mesh fencing, as required by the City, between the NGPE and Lot 10. Maintenance, repair and replacement of that split rail shall be the responsibility of the Owner of Lot lOon which or adjacent to which the fence is V located. Section 2.12 Landscape Strip. The Association shall be responsible for maintenance of the landscape strip within the public right-of-way along NE 4th Street, south of the privacy fencing unless and until the City or other governmental agency has assumed the responsibility therefore. Section 2.13 Maintenance. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Common Areas, and upon request of the Owners served by a Private Joint Use Driveway Tract or Private Joint Storm Drainage Easement as provided below, the Private Joint Use Driveway Tracts and Private Joint Storm Drainage Easement. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The Association shall, upon the written request of a majority of the Owners of the Lots served by a Private Joint Use Driveway Tract or benefited by a Private Joint Storm Drainage Easement, perform such maintenance, repairs or reconstruction of the portion of the facilities within the tract or easement used in common as may be requested by the Owners. If one or more of the Owners 11119/04 5:54 PM - 8 - served by a Private Joint Use Driveway Tract or benefited by a Private Joint Stoim Drainage Easement, but less than a majority of those served or benefited, makes a written request to the Association to have maintenance, repairs or reconstruction of a portion of the facilities within the tract or easement used in common, the Board shall, after Notice and Opportunity to be Heard given to all of the Owners served by that tract or benefited by the easement, decide whether it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost of such maintenance, repairs or reconstruction shall be assessed equally against each of the Lots served by the Private Joint Use Driveway Tract or benefited by the Private Joint Storm Drainage Easement. Street trees 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 Establishment. There is hereby created an association called the Westchester Homeowners Association or such other name at Declarant shall determine (the "Association") . Section 3.2 Form of Association. The Association shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for . 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 for the administration of the Association and the 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 Directors. In the event of any conflict between this Declaration and. any Bylaws, the provisions of this Declaration shall prevaiL Section 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 of the 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 Owners except the Declarant, and each Class A Member shall be entitled to one vote for each Lot owned, whether improved or not. When more than one Person holds an interest in any Lot, all such Persons shall be 11/19/04 5:54 PM -9- 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 Class B member shall 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 member; 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 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 the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in.a form 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. Section 3.8 Inspection of Association Documents, Books, and Records .. The Association shall make available to Owners, Mortgagees, 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 other rules, books, records, and fmancial statements orthe Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or . under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. ,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 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 Authority 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 permitted to the Board under this Declaration including, but not limited to, the following: 11119/04 5:54 PM -10- '. • 4.2.1 Levy, collect, and enforce the collection of, assessments, 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 officer 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, Private Joint Use Driveway Tracts and Private Joint Storm Drainage Easement, the collection of assessments, the sending of all required notices to Owners, the operation of Association meetings, and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its 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 Use Driveway Tracts or Private Joint Storm 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 fee for any services it performs 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 officer or officers, agent or agents of the Association and in such manner as is from time to time determined 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, 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. 11119/04 5:54 PM -11 - • • 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, rockeries, driveways, fences, 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 Property must be approved by the Board or an Architectural Control Committee ("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 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 given by the ACC. 5.1.2 The ACC will review submittals as to' the quality of workmanship and materials planned and for conformity 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 ~th 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, architects, 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 proposed construction or exterior alteration ot 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 it, the ACC will be deemed to have given its approval. Approval by the ACC does not preclude or replace any required governmental agency approval. 5.1.4 The maximum height of any building shall be established by the ACC as part of plan approval and shall be given in writing together with the approval. If the ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than 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 the ACC. One complete set of the plans and specifications shall in each case be delivered to and pennanently left with the ACC. All . buildings or structures shall be erected or constructed, and all exterior alterations or 11/19/04 5:54 PM -12 - • • repairs made, by a contractor, house builder or other person or entity approved by the ACC. 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 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, th,e 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 that such building or structure will have on the view or outlook of surrounding Lots, compliance with the Plat, and any and all other factors 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 to disapprove the design or installation of a swimming pool or any other recreational structure or equipment deemed 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 pennanent 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 Owner's expense, the trimming, topping or, if deemed 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 Declarant) 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 architectural guidelines consistent with this Declaration for making its determinations hereunder. 5.1.11 No Structure shall be erected, altered, placed or pennitted 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 with evidence that all necessary permits have been obtained from the City for any work on a Lot for which ACC approval is required under this Section prior to commencement of the work. 11119/04 5:54 PM -13- 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 the period of sale of Lots or Homes upon such portion of the Property (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 Homes, including but not limited to a business office, storage area, signs, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS Section 6.1 Home and Yard. Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, each Owner, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Home and other Structures or improvements on the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any Owner 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 be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall payor reimburse the Association on demand for all such costs and expenSes. All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, tririmled and pruned condition. Owners shall not allow their Lots to become overgrown or unkempt so as to create a visual nuisance. Leaves, clippings, dead plants and other yard waste shall be placed in a compost pile or appropriate containers for disposal. G:1QiQ1J. • ..,Restrictions on Storage. No Owner shall store or allow any occupant or tellant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of 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 impound, at the ef'pense and risk of the owner thereof .. Section 6.3 Roads and Sidewalks. The road and sidewalks located in Westchester shall be used exclusively for normal access, ingress and egress, and no obstructions shall be placed thereon or therein except by express written consent of the Board. The Board may adopt rules and regulations governing parking by Owners and their guests in Westchester. 11119/04 5:54 PM -14- • • 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 activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; (ii) for use as a home office 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 improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in the Property, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less 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 Lot, Private Joint Use Driveway Tract, or Common Area shall be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste shall be 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 Lot. All containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. 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 onany 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 ail times or by a suitable invisible electronic confinement 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 violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such III I 9/04 5:54 PM -15 - • • hanned 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 are permitted to remain. Section 6.9 fuw. No signs shall be displayed to public view on any Lot 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 Lot 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 Shamrock Heights II. Section 6.10 Renting and Leasing. 6.10.1 With respect to the leasing, renting, 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 foreclosure proceeding, or any deed of trust sale or other arrangement 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 this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this 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 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 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the 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. The Board shall not exercise this power where a receiver has been appointed with respect to the Home or its Owner, or in derogation of any rights which a Mortgagee of such Home 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 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 between any provision of such governmental 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 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, 11119/04 5:54 PM -16- • regular visits by customers or clients, create excess traffic, parking problems, noise, or otherwise violate this Declaration. Owners shall also comply with all of the 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 conformance 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 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 exterior any Structure or otherwise placed on any Lot. The ACC may regulate the location and screening of any antenna, satellite dish or similar equipment which the Qwner 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. Section 6.16 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shali be erected, maintained or permitted upon any Lot. Section 6.17 Use and Disposal of Hazardous Substances. The Owner of each Lot shall comply with all state, federal and local laws and regulations governing or in anyway' relating to the handling, storage, use, dumping, discharge or disposal of any hazardous substance or material. The owner of each Lot shall not dispose of or discharge any hazardous substance or materials on any Lot, Private Joint Use Driveway Tract, 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, constructed 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 ACC. This period may be extended by the ACC due to inclement weather. 1I/19/04 5:54 PM -17 - • • 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. Section 6.20 Exterior 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 from view from the road located within the Property. Section 6.21 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots when permitted by law. Reasonable 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 permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.22 Screened Service Areas. Unsightly items must be hidden from view 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 limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor 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 ACe. 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 written consent or vote of the Board and a vote of 67% of the total votes entitled to be cast by the Owners of the Lots is required to rebuild in accordance with a plan that is different from the original plan as it may have been modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage' for the Home exceeds ten percent of the full, fair market value of the Homt;: before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation. Article 7.' ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided in this 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. 1I/19/04 5:54 PM -18 - • Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot 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 ownership· of a Lot changes, assessments payable in installments which hav~ been established for the current fiscal year shall be prorated 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 authority of the Board shall be established in accordance . . with this Article 7, except for assessments levied against an Owner 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 within the Private Joint Use Driveway Tracts or Private Joint Storm Drainage Easement or for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection 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 constructed on the Lot 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 prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses. Assessments on each Lot 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 conimenced, the Declarant shall pay the actual expenses of the Association. Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy on every Owner a general assessment. The Association's operating budget shall be divided by the number of Lots to determine 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 Lots owned by the Owner by one assessment unit. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each Owner 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 Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an assessment sh~l not render s11;ch 11119/04 5:54 PM -19- • • assessment void or invalid. Any failure by the Board, before the expiration of any assessment period, to fix the amount of the general assessment 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 general 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 shall continue until a 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 Board 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 general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy an assessment or assessments at any time against all Lot Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of 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 favorable vote of a majority of each class of Members. The amount of each Owner's special assessment for any year shall be calculated ·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 fOf-maintenance, repair or reconstruction of facilities shared in common within any Private Joint Use Driveway Tract or Private Joint Storm Drainage Easement shall be a special assessment against the Owners 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 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 discretion of the Board. Section 7.8 . Manner and Time of Payment. Assessments shall be payable in such reasonable manner 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 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 shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 11119/04 5:54 PM -20- • Section 7.10 Lien. In the event any assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days' prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A notice of assessment may be recorded in the office where real estate conveyances 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 such assessment and charges shall have priority 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 maintaimible 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 time any assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.12 Records and Financial Statements. The Board shall 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 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 . . Section 7.13 Certificate of Assessment. A certificate e~ecuted and acknowledged by the treasurer or the president of the Board (or an' authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for assessment and charges or lack thereof secured by the assessnients upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same priority as its lien. 11119/04 5:54 PM -21 - • 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 collect any assessment. In any action to foreclosure the lien of, or otherwise collect delinquent· assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.15 Curing of Default. The Board shall-prepare and record a satisfaction and release of the lien for which a notice of assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the notice and all other. assessments which have become due and payable following the date of such recordation 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 tiIDe to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prIor to such action. The satisfaction and release of the lien created by the notice of assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation 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 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 fund, be credited to the Lot owned by such Owner, and be for the PUTPose of establishing a reserve for delinquent assessments. 7.16.2 Resort may be had 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 draw upon said deposit as a result of a Lot Owner's delinquency in payment of any assessments, the Owner shall continue to be responsible for the immediate arid full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and. the Board shall continue to have all of the rights and remedies for enforcing such assessment payment and deposit restoration as provided by this Declaration and by law. 11119/04 5:54 PM -22- • 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 three months of monthly assessments as an initial contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction 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 with 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 relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner 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 actiOll 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 arbitration,in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in anyone 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 term, covenant, condition or restriction shall remam in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 11119/04 5 :54 PM -23- • Section 8.3 Arbitration. Any dispute between the Owners, between an Owner and the Board or the Association or between an Owner, the Board or the Association and Declarant shall be determined by arbitration in the King County, Washington, under the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as modified by this Declaration. There shall be one arbitrator selected by the parties within seven days of the arbitration demand or, if not, then selected pursuant to the AAA Rules. The arbitrator shall be an attorney with at least five years owners association, subdivision or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this Declaration shall be determined by the arbitrator. At the request of either party made not later than 45 days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation which shall not delay the arbitration hearing date. There shall be no substantive motions or discovery, except 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. These time limits are not jurisdictional. The arbitrator shall apply substantive . law and may award injunctive relief or any other remedy available from a judge including attorney fees and costs to the prevailing party, but the arbitrator shall not have the power to award punitive damages. This arbitration provision shall not cover claims by the Association for collection of assessments; such claims shall be governed by Article 7. Section 8.4 . Remedies Cumulative. Except for claims which must be arbitrated· pursuant to Sec~ion 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 available under law although not expressed herein. Article 9. . LIMITATION OF LIABILITY Section 9.1 No Personal Liability. 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 the basis of such information 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 or claimed on account of any act,. omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, 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 or Association committee member, or Association Officer, and their respective heirs and successors, shall be· indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may . 11119/04 5:54 PM -24- • • 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 duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Associati~n. Nothing contained in this Section 9.2 shall, however, be deemed to 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 assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. . Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. Notwithstanding 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 and/or special district and be subject to the rights 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 a Lot, or other purchaser of a Lot, who obtains possession of a Lot as a result of foreclosure 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 from 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 a 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 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 alter 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 writing 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, conditions, restrictions, covenants, easements or reservations 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 subsequent owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise .. 11119/04 5:54 PM -25- • Section 10.4 Copies of Notices. If the 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 more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. 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 the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. EASEMENTS AND SPECIAL TRACTS Section 11.1 Association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. Section 11.2 Utility Easements. Various easements are reserved on the Lots, as provided by the Plat and applicable laws, ordinances and . other governmental 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 permitted to remain that may damage, interfere with .the installation and maintenance of utilities, that may change the direction of flow of drainage channels in the easements, 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 Lot benefited, except for those improvements "for which a public authority or utility company or which Association is responsible, as provided on the Plat or in this Declaration. The Owner shall maintain the portion 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 easement for the 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 Security 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 Driveway Tracts, and Common Areas in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot 11119/04 5:54 PM -26- • •• only if it is either (i) doing so With reasonable cause, or (ii) acting with the consent of the Owner or tenant of such Lot. Article 12 ... ABANDONMENT OF SUBDIVISION STATUS . Section 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an 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 without prior written approval of 100% of . all first Mortgagees and Owriers (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status of the. Property as approved by the governmental entity having appropriate jurisdiction over the Property. Article l3. AMENDMENT OF DECLARATION OR PLAT MAP Section l3.1 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the . entire amendment. Until the Transition Date, this Declaration may be amended by an instrument approved and executed by Declarant and approved by the 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 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 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 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 such liens; reserves for maintenance, repair, mid replacement of Common Areas; insurance. or fidelity 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 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 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 Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions 11119/04 5:54 PM -27- • • 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 Plat. 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 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 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 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 Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat to conform data depicted therein to improvements as actually constructed and to establish, 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 to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property 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, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers, and representatives from personal 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 shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business 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 least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 11119/04 5:54 PM -28- • • Section .14.2 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 thilt 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 amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon, with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve 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 subdivision is terlninated 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 as 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 with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 15.1.1.1 Ifto a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 11/19/04 5:54 PM -29- DATE: TO: FROM: SUBJECT: • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 30, 2004 Juliana Fries Sonja J. Fesser~~ Shamrock Heights II Plat, LUA-04-148-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-04-148-FP and LND-IO-0413, respectively, on the drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. The section (IS) noted under the "LAND SURVEYOR'S CERTIFICATE" block is incorrect. Revise as needed. Sa.id incorrect section (15) also appears in the indexing block noted in the lower right-hand corner of Sheet 1 of 4. The legal description (Sheet 2 of 4) contains a typo error and the formatting of the legal description for Parcel B could be better. See the attachment. City of Renton street names (NE 4th Street) should be used on the plat drawings, not county names (Sheets 3 and 4 of 4). Note that the plat street running in an east/west direction, southerly of Tract E and Lots 10 and II, is named NE 4th Court. See the attachment for the lot addresses. Note said addresses on the plat drawing. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-l0 -Plats\0413\RV041228.doc January 3, 2005 Page 2 Remove that portion of Item No.3 under "GENERAL NOTES" beginning with the word "UNLESS". Item No.4 under "GENERAL NOTES" uses the word "DEDICATION" in regard to a sensitive area tract. Is said sensitive tract referring to Tracts E and/or R? These two tracts are being conveyed to the plat's Homeowners' Association'(see Item Nos. 7 and 8). The language contained within said Item No.4 is very much like the language used in the Native Growth Protection Easement (NGPE) block (see the attachment). As Tract E is identified as a NGPE area, use the attachment language on the drawing. NOTE: SAID ITEM NO.4 IS REPEATED UNDER ITEM NO.4 OF THE "EASEMENT PROVISIONS" BLOCK (same drawing sheet). Only one reference to said Item NO.4 is needed. It is also noted that Item No.4 under said "EASEMENT PROVISIONS" block references "KING COUNTY" instead of the City of Renton. The 26' wide utility and access easement shown over Lots 4 and 5 is a private easement, instead of "PUBLIC" as shown (Sheet 4 of 4). Item No. 10 under "GENERAL NOTES" will need to be revised as needed. The 15' public sewer easement noted on Tract R should be shown as a dashed line, not a solid line (Sheet 4 of 4). Representatives of Shamrock HIGHLANDS LLC and PRLAP, INC. are provided signature lines under the "DEDICATION" block. However, Conner Homes Company and Bank of America are noted within the "ACKNOWLEDGMENTS" blocks. The second paragraph under the "COVENANTS" block (Sheet 1 of 4) refers to the "SHAMROCK HEIGHTS COMMUNITY ORGANIZATION". Is this a reference to the Homeowners' Association? If so, please use "Homeowners' Association" for consistency throughout the plat submittal. There are several references to the plat of Honey Brooke Div. IV (Sheet 3 and 4 of 4). Remove the word "PROPOSED" from said references. Said plat has been recorded in Volume 220 of Plats, Pages 4-6. Note said information in the spaces provided (Sheet 3 of 4). Note whether the properties to the north of the subject plat properties are platted (note the plat name and lot number) or unplatted. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Transnation Title Insurance Company Second Subdivision Guarantee report, Order No. 20032764, dated October 23, 2004, includes a reference to deeds recorded under Rec. Nos. 5755891 and 5755892, for slopes (cuts or fills). Include said item under "GENERAL NOTES" if it affects the subject plat properties. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-IO -Plat~\0413\RV041228.doc\cor January 3,2005 Page 3 • The current position of the city concerning ownership of the Native Growth Protection Easement Area (Tract E) and the storm detention tract (Tract R) apply to the subject plat. With a Homeowners' Association established for the plat, the following language concerning ownership of "Tract E" and" Tract R" applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract E and Tract R, a Native Growth Protection .S.IiHIi!!¢!' Area tract and a Storm Detention tract, respectively, are hereby granted and conveyed to the Plat of Shamrock Heights II Homeowners' Association (HOA). All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes fro a period of eighteen (18) months, then each lot in this plat shall assume and have the equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. An updated Plat Certificate will be required, to be dated within the 45-days time frame prior to City Council action on the subject plat. For consistency, have all references to "Shamrock Heights" include the "II" (all drawing sheets). Provide sufficient information to locate the extent of easements on Lot II and Tract E. Comments to the Project Manager: Make sure the Plan Reviewer reviews the text on Page 2 for correctness and completeness. Is the second paragraph under Item No.4 (in both the "Easement Provisions" block and the "General Notes" block) needed? If not, have the applicant remove it. Is the city accepting ownership of the 10' storm drainage easement over portions of Lots 6, 7 and Tract E, as is stated in Item No. 11 under "GENERAL NOTES? If not, have the applicant review and revise as needed. . Is the city interested in having an access and utilities easement per "GENERAL NOTES" Item No.lO? H:\File Sys\LND -Land Subdivision & Surveying Records\LND-IO -Plats\041 3\RV041 228,doc\cor SHAMROCK LEGAL DESCRIPTION PARCEL A: POR SE 1/4 OF THE SE 1/4, S KING COUN" THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECllON 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: 14 . THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWESTc£OF THE SOUTHEAST 1/4 Of. THE SOUTHEASL1/~ OF SECllON 10, TOWNSHIP 23 ~ -. (NORTH. RANGE 5 EAST W.~} . '<-. _ .. . .......... . -'" -'. ~" --,-" EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON. COUNTY OF KING, STATE OF WASHINGTON. EASEMENT PROVISIONS 1. AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON. WATER DISTRICT NO. 90. PUGET SOUND ENERGY, VERIZON AND COM CAST AND THEIR RESPECllVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLE, PIPEUNE AND WIRES, WITH THE NECESSARY FACIUllES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH WATER, ELECTRIC, TELEPHONE, GAS, CABLE TV OR INTERNET SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL llMES FOR THE PURPOSES STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE Tn THFIR ORIGINAL CONDIllON OF UllUTY. NO UNES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, SHAMROCK HEIGHTS II G POR a: 1/4 a= nE SE 1/4, SECI10N I), lYt'P. ~ RaE E. WM. ICNl 00tIfJY, WASK'«J1'ON _ .. -.. -~ r-----'-~-;::o:-.. -=S88"20~'5O"E~~'.,..CIZlQ5OlII4~.1lCUJ"~~ .. _ :=. Lll 40 l/-IV is' ........ /~ .... _7 _ .. -.. _ .. -.. _ .. -.. - a.'-StulH OF PROPUIl'I' _ - TRACT E -. sa: JI01( 7. SHErr 2 _ .......... -.. IHIET. Lal.-.:r.E IIl..fI.... -LOT 1 _ 7.544 "17 LOTZ-J._ 0.17 LOr 3 -7.n7 .... LOT 4 -1CUl5 .... LOTI-.... 0. .. ", .. 5 I I I I I 4 /1 \l\~l~ , I , I I , , , , VIIItY a ... aut. J 1OCI1Tor _____ , :o.~ , -. , TRACT R 1III/lT" __ 111 atYor __ .... "'_ "0I..aasa7. "ala Me 'P. , , .... , , , , , , I , , , Itt It d :$ x _. V1U1"f'........ • I 10__ 01 _ .... -SE 128TH ST ~I ~ ~ N in b 0 en 111 LOT. _ 1.401 .... I.DT 7 _ 7.2D1 0.17 LOti -7..124 0.17 LOr I -1.773 II.2D LOT 10 -7.'111 o.J7 UJf ft • to.JJI G..M _,....11.710 &13 1RACT E -..... G.J4 --'IOGlYOIIEIf1IIJIII£C. I lUaR_-.-t.a ~~~==~~~~~~ m~ __ ~ ~ IF 1IOSPlAf $ .. .. a .. .. .. SCAlE: 1" = 411 -go-~ IENEDI CITY OF IENIaI CPS -~-----...... &.all • IDUEJIT'" IE Stt .• LOTcraa 'IDlE 11[1' o RUD &Dr c:m.Jt AS tI01ID CD • ., -.c U1U1Y ~ ~~-.. (!)~=~~ lM!PI IKUSlllIEBC .......... ....-IAl tUII __ L4B tUII __ om.,_ SMSta4"E .......... --... IJIIII _4ft 1.10 _ S>nII'1n .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. '-.L ~~:.~ .. -.. _ .. _ .. -.. _ .. -.. _ .. _ .. - ......... "' ........ --................ an OF RENltlN FI..E NO. "TnT .KlB NO 01-159 SHEET4<F4 "The Native Growth Protection Easement (NGPE) on thisRlaa plat identities the steep slopes. The creation of the Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the Easement Area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plan and animal habitat. The Native Growth Protection Easement imposes upon all present and future owners and occupiers of the Easement area enforceable on behalf of the public by the City of Renton. to leave undisturbed all trees and other vegetation within the easement area. The vegetation within the NGPE may not be cut. pruned, covered by fill removed or damaged without express written pennission from the City of Renton. provided however. that the owners of underlying property may install landscaping. The right of entry granted herein shall apply to the agents, representative and employees of the owners or subseQuent owners of the underlying property." . City of Re.n Department of Planning I Building I Public .S ENVIRONMENTAL & DEVEL,9PMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Pro"' ............ --Svcs COMMENTS DUE: DECEMBER 16, 2004 APPLICATION NO: LUA04-148, FP DATE CIRCULATED: DECEMBER 2, 2004 APPLICANT: Shamrock Hi hlands LLC PROJECT MANAGER: Juliana Fries PROJECT TITLE: Shamrock Hei hts II SITE AREA: 4.7 acres BUILDING AREA LOCATION: NW of NE 4th Street & 148th Avenue SE WORK ORDER NO: 77351 SUMMARY OF PROPOSAL: Final plat of Shamrock Heights II with 11 single-family residential lots. The plat includes installation of sanitary sewer main, storm drainage, sidewalks, steetlights and paving. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable PrObable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14.000 Feet B. POLICY-RELATED COMMENTS c. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Re.n Department of Planning / Building / Public as ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fire... COMMENTS DUE: DECEMBER 16, 2004 APPLICATION NO: LUA04-148, FP DATE CIRCULATED: DECEMBFR? ?()()A r--.. APPLICANT: Shamrock Highlands LLC PROJECT MANAGER: Ju i~Ji_ lQ; ~ il \'il \,. ~ ,\f1 PROJECT TITLE: Shamrock Heights II PLAN REVIEW: Jennifer \ ..j) 1\ \ 141"1~ SITE AREA: 4.7 acres BUILDING AREA (gross): Ni)1 L \ DEC -2 2004 I~' -LOCATION: NW of NE 4th Street & 148th Avenue SE WORK ORDER NO: 77351 SUMMARY OF PROPOSAL: Final plat of Shamrock Heights II with 11 single-family residential pts. The PI~~~~~~.~Ts9~tion of sanitary sewer main, storm drainage, sidewalks, steetlights and paving. t ~i" II"~' , A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public SeNices Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. We have reviewed this pplication with particular attention to those areas in which we have expertise and have identified areas of probable impact or .,.., wh"" .""mona/ _,/Ion I, need. pmperly "'." /hI' propo,"/. ;b2. M1 Signature of Direct r Date ·' CITV.F RENTON . . ' . " ' '" Planning/BuildinglPublicWorksDepartm~t ' Kathy ((eolker-Wheeler, Mayor Gregg Zimmerinan P.E., Admillistrator December 2, 2004 SaraSiatten ' , , Camwest Development 9720 NE 120thPIace #100 ' Kirklarid,VV A 9a034 ,,' , , , 'Subj"ect: ShamrockHeightsil Final Pial 'l:UA"04.;148, FP, ' , , Dear Ms. Slatten: TheDevelopment Planning ,Section of the City of. Renton has deterniinedthat the' ' 'subject application is complete according to sLibmihalrequirenients and, therefore, is accepted for review. " ' " ,- , YOu will be ,notified ifanyadditi6nalklfbrma:tib~isrequiied tocbntinue processing your', application.' " , "', , , " ' ' ." .. ~ .'.~ < l:/!. ':. _ Please contact me at (425) 430-7278ifYb~, have:cmy qUe~tio~s . . ' '. : ", . "..., "', . . " Sincerely" ' cc: Shamrock Highlands LLC fOwner ."." ~" ~-----~lO-S~S-S-ou-th"--G-ra-d-y-W-ay---R-e-o-to-o-; W-a-s-hl-·o-gt-o-o-9-S0-S-S------'-'---" R E' N T '0 N *'Thispaper~tains50% recycled material, ~Io p6stconsumer AHEAD OF THE CURVE .. .. • MEt-sT PLANNING City of Renton DEV~~OFRENTON LAND USE PERMIT NOV 2 ~ 2004 REcElvfltASTER APPLICATION .. PROPERTY OWNER(S) PROJECT INFORMATION NAME: S!-IAm (2.oc.-lL fH~J+ ~PS' u< '" PROJECT OR DEVELOPMENT NAME: -. t::l~ , :>. nf ~ l-t'P I G f-FTS :rr: ADDRE~'2-0 rJS-I~ fL-1/:-(00 PROJECT/ADDRESS(S)Il.OCATION AND ZIP CODE: CITY: ZI~:9B034 NW OF M;:o. qth~~ IL.-l (L}L.l.,AND 14 B~ A-vE--&E:.-, 1~ TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): ~;.S-.-82-5 -1455 .}oZ.3 054D40 t 93 0 t-/-APPLICANT (if other than owner) I NAME:-SAr11E- EXISTING LAND USE(S): SF" .I'IIe!>1 (/ IV\ VALA1VI'-': "', -, I -- COMPANY (if applicable): PROPOSED LAND USE(S): SF ..,AIJPDIVN\ I \ SF -t-toM!50 - --. _ .. ADDRESS: • EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: SF ~h).AI\ - CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): S~E TELEPHONE NUMBER T24, EXISTING ZO~ING: ,. CONTACT PERSON PROPOSED ZONING (if applicable): SAY'vIE- NAME: SAfl,A S LA--rrGr-J SITE AREA (in square feet): 2-07,7Sl ~F SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if applicable): s-r FOR SUBDIVISIONS OR PRIVATE STREETS SERVING CArYtv1tt7 ~£.,.op~ r THREE LOTS OR MORE (if applicable): 3\ ,'2.. SO Sf=-ADDRESS: SAM~ PROPOSED RESIDENTIAL DENSITY IN ,NITS PER NET CITY: .-ZIP: ACRE (if applicable): Z. ~ d V\ _ ~ ~, NUMBER OF PROPOSED LOTS (if applicable): -I \ TELEPHONE NUMBER AND E-MAIL ADDRESS: '" SS\cq~C6tW\~stu :YY), NUMBEf fF NEW DWELLING UNITS (if applicable): Q:\ WEB\PW\DEVSERV\Forms\Planning\masterapp.doc08I29/03 I - PRc:flCT INFORMATION (Contin.) r---~~--------L---------------------~ - NUMBER OF EXISTING DWELLING UNITS (if applicable): -&- SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): T60 SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): tJ-A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): ~--A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (If applicable): NrA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable):. N rA NUMBER OF EMPLOYEES TO BE E~LOYED BY THE NEW PROJECT (If applicable): r A PROJECT VALUE: 3, SOOt 000 IS THE SITE LOCATED IN ANYTYP~pF; : u: ! ,.'''1'1 ; ";"''''' ENVIRONMENTALLY CRITICAL AREA,' PLEASE',Ifl'PLUDE SQUARE FOOTAGE (if applicable): " .. ~ -~ .H[. \ .. 1 ~. \ rr~.~:;, Q AQUIFER PROTECTION AREA ONE' .j ',,,' f t',~~··':1i3~"··~<i.,'/t i. Q, AQUIFER PROTECTION AREA,1WO,) ,J..:' &" Q FLOOD HAZARD AREA Q GEOLOGIC HAZARD Q HABITAT CONSERVATION Q SHORELINE STREAMS AND LAKES '~WETLANDS ______ sq. ft. ______ sq. ft. ____ sq. ft. ___ ---:: sq. ft. 1. (1 L 1sQ. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following infonnation included) SITUATE IN THE . ~E, QUARTER OF SECTION.lQ., TOWNSHIP 23, RANGE S~IN THE'CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: - 1. 1= \tvA L-Pl,.,A T 'Mf Y/.A:)V kL-3. 2. 4. ., Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print NameJs) ~Sli-An . S LA7T;;;.N . , declare that I am (please check one) _ the current owner of the property involved in this application or \I' the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the infonnation herewith are in all respects true and correct to the best of my knowledge and belief. . I certify that I know or have satisfactory evidence that _. g Pd2-A S ~-rr~ ~ s1g .................... nd_ ...... ""',, __ .mI .......... d ..... ~ . ._.nd pwposes ... _ed;. the _ .... . (Signature 0 erlR ntative) Notary Public in and for the State of Washington (Signature of OwnerlRepresentative) Notary (Print) Lit.) 01\ ~. Gu..u c..X- /I. 2.-1-05 My ~ppointment expires:. ____ .,~ _____ _'__ __ Q:\WEB\PW\DEVSERV\Fonns\Planning\mlL5terapp.doc081l9/03 EXHIBIT A Legal Description of the Property Parcel A: The East ~ of the Southwest ~ of the Southeast ~ of the Southeast ~ of Section 10, Township 23 North, Range 5 East W.M.; Except the East 100 Feet of the South 150 F'eet Thereof; And Except the South 42 Feet Thereof as Conveyed to King County for Southeast 128th Street by Deed Recorded under King County Recording NOS. 5755891 and 5755892; Situate in the City of Renton, County of King, State of Washington. ParcelB: The East 100 Feet of the South 150 Feet of the East ~ of the Southwest? of the Southeast ~ of the Southeast ~ of Section 10, Township 23 North, Range 5 East W.M. Except the South 42 Feet Thereof as Conveyed to King County for Southeast 128th Street by Deed Recorded Under King younty Recording NO. 5755891; . Situate in the City of Renton, County of King, State of Washington. 11119/04 5:54 PM ,. CONSENT OF MEMBERS OF ' SHAMROCK mGHLANDS, LLC (Approving Purchase and Borrowing) The undersigned, being all of the Members of SHAMROCK HrGHLANDS LLC, a Washington limited liability company (the "Company"), acting through written consent pursuant to Section 7.9 of the Limited Liability Company Agreement of the Company, hereby cons·ent as follows, said consent effective as of the 4th day of October, 2001: . 1. The Company hereby approves and accepts the assignment by Cam West Development, Inc. ("CamWest") to the Company of all of CamWest's rights and obligations under that certam Real Estate Purchase and Sale Agreement dated August 24th, 2001 as amended by Addendum No. 1 dated September 14th, 2001 and any subsequent amendments (the "Additional Parcels Agreement") between J. P. Hun LLC and certain individuals, as sellers, and Camwest, as buyer and the Company agrees to assume and perform all of CamWest's obligations thereunder; 2. The Company hereby approves and accepts the assignment by Cam West to the Company of all of CaIIl West's rights and obligations under that certain Real Estate PUrchase and Sale Agreement dated August 21,2001 as amended by Addendum No.1 dated September 14th, 2001 and any subsequent amendments (the "Shamrock Parcels Agreement") between Patrick Hunsaker and certain other individuals, as sellers, and Camwest, as buyer, and the Company agrees to assume and perform ill of Cam West's obligations thereunder, 3. The Company hereby approves the Company's purchase of the real property more particularly described in the Additional Parcels Agreement and the Shamrock Parcels Agreement . under the terms and conditions set out in those agreements or as the same may be hereafter amended or modified by the agreement of the Managing Member; 4. The Company hereby approves and accepts the assignment by Cam West to the Company of all of Cam West's rights and obligations under· those certain Assignment, Assumption, Consent, and Release Agreements (collectively, the "Assignments',) set out below, pursuant to Addendums No. 1 to all such Assignments : a. Assignment, Assumption, Consent and Release Agreement (Hurlocker) among Patrick Hunsaker and Ann Marie Hunsaker, James Hunsaker and Denise Hunsaker, John Hunsaker arid Norma Jean Hunsaker, Timothy Hunsaker and Bonnie Hunsaker, Brian Morrison and Cora Morrison, John Hoiland and Barbara Hoiland, Kenneth Troseth and Sharon Trosetb., Cam West Development, Inc., a Washington corporation, Charles Hurlocker and Norma Hurlocker, husband and wife, and April Showers Family Limited Partnership, a WashingtonL.P. (the "Hurlocker Assignment and Release; '_ b. Assignment, Ass4n, Consent and Release Agreement (Bales) among JP Hun LLC, a Washington Iimited:na.bility Company, CamWest Development, Inc., a Washington ... 1 corporatio~ and Bales Limited Partnership, a Washington limited partnership (the ''Bales Assignment and Releas~"); c. Assignment, Assumptio~ Consent and Release Agreement (Smith) among Patrick Hunsaker and Ann Marie Hunsaker, James Hunsaker and Denise Hunsaker, John Hunsaker and Norma Jean Hunsaker, Timothy Hunsaker and Bonnie Hunsaker, Brian Morrison and Cora Morriso~ John Hoiland and Barbara Hoiland, Kenneth Troseth and Sharon Troseth, Cam West Development, InG., a W ashington corporatio~ and Roy R. Smith and Ruby P. Smith, husband and wife (the "Smith Assignment and Release"); and d. Assignment, Assumptio~ Consent and Release Agreement (palanchuk) among J.P. Hun LLC, a Washington limited liability company, CamWest Development, Inc., a Washington corporatio~ and Georgy Palanchuk and Natalya Palanchuk, (the ''Palanchuk Assignment and Release"). . . 5. The Company hereby approves the terms of the $3,500,000 secured loan offered by Base Capital, LLC, as set forth in the draft loan documents that have been reviewed by the Managing Member. The Company is authorized to borrow up to $3,500,000 from Base Capital, LLC on said terms and to execute and deliver the Loan Agreement, Promissory Note, Deed of Trust, Collateral Assignment and Security Agreement, Assignment of Contract Rights· and Subordination Agreement. . 6. The Company's Managing Member, CamWest Development, Inc., is directed and authorized to take all steps necessary or desirable to close the transactions contemplated in the Additional Parcels Agreement and the· Shamrock Parcels Agreement under the terms· set out in those agreements or as those terms may be hereafter modified or amended with the consent of CamWest and of member Base Capital L.L.C., including without limitation executing and delivering documents, instruments, and agreements necessary or desirable to complete the contemplated transactions (including without limitation promissory notes, deeds of trust, security agreements, and assignments for purposes of security) and any amendments thereto, and to incur the debts contemplated in the Additional Parcels Agreement and the Assignments. /1/ 1// [Signatures on following page] 2 IN WITNESS WHEREOF, each of the undersigned has executed this Consent of Members. CAMWEST DEVELOPMENT, INC., a BASE CAPITAL, L.L.C., a Washington Washington corporation limited liability company By. c? d~ Ikd----Eric Campbell, Pr ent By. 71~tu~ H. Thomas Wick Date: Ie; -6'-/-0/ --~-------------------- Date: /D""· y,-0 I ------~---------------- ,r/~~tu~ Robert O'Rear, Member H. Thomas Wick, Member Date: O~<f I ~1 --~--------~/~--------- Date: /0 ~ '1-l/( ----------------------- Date: _ .... I=O:.--,_4--=---,_u_\->--__ --'--Date: 10 -'-/-0 I --------~~~--------- 3 ) ) / CI~ OF RENTON July 1, 2004 Sara Slatten NOV 2 42004 RECEIVED Cam West Development, Inc. 9720 NE 120th Place, Suite 100 Kirkland, W A 98034 Jason Jordan Development Services 1055 South Grady Way Renton, W A 98055' Re: Shamrock Preliminary Plat, LUA 04-030, ECF, PP Dear Ms. Slatten and Mr. Jordan: Hearing Examiner Fred J. Kaufman This office has received two Requests for Reconsideration. The applitantwould like to reverse the condition that reduces the plat from eleven (11) to ten (10) lots. Staff has also asked that the lot reduction be reversed. Staff also requested three other issues be reviewed. They have requested a modification to Condition #2 regarding tree retention. They , , requested a modification of Condition #3 in regard to screening along NE 4th Street. Finally, they asked that the ERe conditions be included' as a condition of plat approval. Both the applicant and staff noted that the, density requirements for the,R-5 Zone require a minimum density and that due to the detention pond, the site already falls below that density. They both argue that reducing it further by reducing the plat to ten lots would be .inappropnate. ,Code does allow reductions below the minimllIIl if there are constraints in meeting the code- , mandated density so that is not a complete limitation, ,But both parties also provide a reason to allow the eleven lots. The applicant has offered to reduce the buffer intrusion by 30% as well as doing supplemental landscape improveinents. Staff supports the effort. They both provided proposed conditions that would govern the eleven-lot plat and protect the wetland and buffer. The conditions suggested by the applicant and staff appear reaSonable. With those conditions, it appears appropriate to allow the eleven-Jot plat. " Staffhas suggested that anumber of the trees on the subject site are large but not significant, poorly located and not generally found in a residential environment and further some of them might prove to be hazards needing removal. Staffhas suggested that street trees would be an appropriate way to balance tree removal. This office will note that staff reported at the hearing that if neighbors want trees retained for aesthetics, they should more actively work to retain trees. Neighboring concerns alone should not determine whether or not tre~s are maintained on certain sites. This office is concerned that while this plat is residential, it is designated for "rural residential" uses in the Comprehensive Plan. An effort should be made to not merely manicure the site with street trees but also retain some of the more natural appearance. This office will' modify the condition allowing removal of some trees but trees along the perimeter of the wetland and detention system shall be retained while street trees are added to the mix. ----l-O-SS-S-o-u-th-G-r-ad-y-W-a-y---R-en-to-n-, W-as-h-in-gt-'o'-n-9-g0-S-S---(4-2S-)-4---30--6S-I-S---~ , ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE ;; .... ) ) This office agrees with staff that a decorative fence and landscaping be used to both protect and enhance the NE 4th Street corridor along the detention pond. The proposed language suggested by staff appears reasonable, Finally, this office will add a condition requiring the applicant to comply with the conditions . imposed by the ERC. . In conclusion, the proposed plat appears reasonable as an eleven (11) lot plat with the initial conditions ITIodified as follows (and restated in full): . 1. The plat shall remain an II-lot plat .. 2. The applicant shall save all significant trees onthe Site within 20 feet of the wetland, buffer or detention pOlldthat do not stand in the way ofm~~essary right-of-way, driveways and reasonable building pads. The removal of all significant trees noted · above shall be reviewed and approved by a certified arborist selected and approved by the City but paid by the applicant.' , . ..0: i~.~/;:;;th,~~~S~:j:J'~"':l(S;. ;:;.:1<., .... '. . . 3. '. Staff and the applicant ~lwuld.,wQr.~ ~o atterripttQ,c:;ome up with a way of protecting passers-by from the ,~tonn vt:~ter p09d while allq,Wlog,it to be visua11y appealing, if. possible from the ,1'ffi 4Jh Street CfQrrid()[;. ":'~;\;, ' . ,,:.:' .. ""'''' :"y"" '., . ~~~" ' . . 4. The applicant s~~lI<ber~'qui~~d to screen the d~te.n~~o(ta,d1!ity with a combination of decorative fentingaridperilpeterdlYl~c~pj~g and,i.rrigatl'oI¥ This condition shall be . completed prior to finlil plat~ppf(j§5'rii£aB~i~.ubject to the ihiew and approval of' . the Devel~pte~~~¥e1ic~!.~i c :. ::j{0)~'~~~,;'K0~~:' }, ;,,~ r " . ' . 5. ~~ applicant shall pl~ce '~Q:P ~"."(,,. ilg":;~igpage ne¥ the em~tgericy vehicle " haminerhead turnarOtl11~ service~tlte deveI9ptnent.lTh~ sati~faction of this · requirement sh~ll ,biS<supject to the D~velopment $.~iYiC-es.Pivision prior to recording. of the plat.' '\" />"/", '.. ·.':;~~,r ~,ll ". 6. A homeowner's as~ociatiq~ ~r rirat~f~nan~e a~ee4eti~;hall be created concurrently with the recording of thepl/'!-t in order to estab.1i:?h"rnaintenance responsibilities for · this development. A draft ofifle'document(irif necessary, shall be submitted to the . City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the. recording of the plat., . . . 7. The applicant shall be required to pay the appropriateI~saquah School District . ImpactFee in the amount of $2,937.00 per home prior to ''building permit issuance. 8. Modify the footprint for Lot 10 to further reduce the impact to existing wetland buffer. Decrease the encroachment by at least 30 percent of the original encroachment subject to City of Renton approval. . 9. ' Install a minimum of twelve evergreen trees, 6-8 feet in height, within the existing andlor added wetland buffer. Locations to be determined by a wetland biologist. CamWest to insure survivability for a monitoring period determined by the Cityof . . Renton. .) • 10. Remove ilivasive blackberry bushes within the existing and/or added wetland buffer area as directed by a wetland biologist.· . 11. Install split rail fencing with wire mesh around the north and west sides of Lot 10 to discourage entrance and place wetland signs around the perimeter of the entire wetland buffer. Amend the CCR's to require this type of fencing for Lot 10 for perpetuity. 12. The applicant shall be required to plant and maintain approved street trees, 15 feet on center, within the 20-foot front yard setba~k of each lot that abuts a public right-of- way. This condition shall be completed prior to final plat approval and be subject to the review and approval of the Development Services Division. In addition, this condition shall be included in the subdivision's Codes, Covenants and Restri~tions (CCR's), and the maintenance becoming the responsibility of the Homeowner's Association upon project coinpletion. . . Hearing' Examiner City of Renton· FKlnt cc: Mayor Kathy Keolker-Wheeler Neil WattS, Development Services Jennifer Henning, Development Services p~N\NG OE'IEa~tt,~~ENTON NO'I 'l ~ 1.00~ RECE\'JEO Shamrock Property Shamrock Heights II Preliminary Plat Conditions November 19, 2004 1. The plat shall remain an II-lot plat. Response: The final plat depicts 11 single-family lots. 2. The applicant shall save all significant trees on the site within 20 feet of the wetland, buffer or detention pond that do not stand in the way of necessary ROW, driveways and reasonable building pads. The removal of all significant trees noted above shall be reviewed and approved by a certified arborist selected and approved by the city and paid by the applicant. Response: The saved trees are shown in the approved engineering plans dated 8/9/04 clearing & grading plan. 3. Staff and the applicant should work to attempt to come up with a way of protecting passers-by from the storm water pond while allowing it to be visually appealing, if possible from the NE 4th Street corridor. Response: Landscape plans have been created for the pond located along NE 4th Street. The plans, created by Triad & Associates, include fencing and pond landscaping which will protect pedestrians who walk past and also create a visually appealing streetscape along the NE 4th Street corridor frontage and within Shamrock. 4. The applicant shall be required to screen the detention facility with a combination of decorative fencing and perimeter landscaping and irrigation. This condition shall be completed prior to final plat approval and be subject to the review and approval of the Development Services Division. Response: Two copies of the fence & landscaping plan created by Triad & Associates are enclosed to show the fencing & landscaping plan for Shamrock & the detention pond. Decorative fencing is proposed to screen the facility without completely blocking it off and perimeter landscaping including hedges, ground covers & trees are proposed around the pond & NE 4th street frontage in accordance with the condition. 5. The applicant shall place "No Parking" signage near the emergency vehicle hammerhead turnaround service the development. The satisfaction of this requirement shall be subject to the Development Services Division prior to recording of the plat. • . Response: A no parking sign shall be installed in accordance with this condition and shall occur prior to final plat. 6. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for this development. A draft of the document( s), if necessary, shall be submitted to the City of Renton Development Services for review and approval by the City Attorney and Property Services section prior to the recording of the plat. Response: Condition is noted. Currently our attorney is setting up articles & bylaws for the future association. Draft CCR's are included with the proposal for review and will be f"malized prior to.f"mal plat. 7. The applicant shall be required to pay the appropriate Issaquah School District Impact Fee in the amount of $2,937.00 per home prior to building permit issuance. Response: The Issaquah school impact fees will be paid prior to building permit issuance in accordance with the conditjon. 8. Modify the footprint for Lot 10 to further reduc~ the impact to existing wetland buffer. Decrease the encroachment by at least 30 percent of the original encroachment subject to City of Renton approval. Response: The footprint for Lot 10 has been reconfigured and reduced in order to minimize the buffer impact. The lot was reconfigured as shown in the approved engineering plans dated 8/9/04 in accordance with the condition. 9. Install a minimum of twelve evergreen trees, 6-8 feet in height, within the existing and/or added wetland buffer. Locations to be determined by a wetland biologist. CamWest to ensure survivability for a monitoring period. determined by the City of Renton. Response: A mixture of 12 doug firs & western red cedars are proposed as shown in the landscaping plans, sheet 1 of 3. Final placement will be based on our wetland biologist's recommendations in accordance with the condition. Once a monitoring period is determined by the city, CamWest will adhere to the timeline. 10. Remove invasive blackberry bushes within the existing and/or added wetland buffer area as directed by a wetland biologist. Response: Condition noted and this work shall occur concurrently with the installation of the doug fir & cedar tree installation. V·· 11. Install split rail fencing with wire mesh around the north and west sides of Lot 10 to discourage entrance and place wetland signs around the perimeter of the entire wetland buffer. Amend the CCR's to require this type of fencing for Lot 10 for perpetuity. Response: Split rail with wire mesh fencing is proposed and shown on sheet 1 of 3 for lot 10 where adjacent to the wetland buffer. The CCR's have been drafted to stipulate this condition. Wetland signage is shown on sheet 1 of 3 and shall be installed in accordance with the condition. 12. The applicant shall be required to plant and maintain approved street trees, 15 feet on center, within the 20-foot front yard setback of each lot that abuts a public ROW. This condition shall be completed prior to fmal plat approval and be subject to the review and approval of the Development Services Division. In addition, this condition shall be included in the subdivision's Codes, Covenants and Restrictions (CCR's), and the maintenance becoming the responsibility of the Homeowner's Association upon project completion~ . Response: Street trees are proposed for Shamrock and will be the responsibility of the HOA. This is stated in the draft CCR's which are included for review. 13. The applicant shall be required to comply with the conditions imposed by the ERC. Response: Noted. .. .. Transnation Camwest Development 9720 NE 20th Pl., #100 Kirkland, WA 98034 REFERENCE NO: / Order No.: 20032764 DEVELOPMENT PLANNING CITY OF RENTON NOV 2 ~ 2001t RECEIVED Liability: Charge: Tax: Total: SECOND SUBDIVISION GUARANTEE 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-8576 $10,000.00 $ 200.00 $ 17.60 $ 217.60 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 23, 2004 Transnation Title Insurance Company ~~ AuthOrized Signature . Subdivision Guarantee GNT004 Page 1 of 10 " Order No.: 20032764 SCHEDULE A 1. Name of Assured: Camwest Development and Shamrock Highlands L.L.c. 2. Date of Guarantee: October 23, 2004 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Shamrock Highlands, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING 'UENS BY THE RECORDS OF ANY TAXING AUTHORTIY THAT LEVIES OR ASSESSMENTS ON LAND OR BY THE PUBUC RECORDS. 2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT UMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBUC RECORDS. 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DEUNQUENCY: (1ST HALF DEUNQUENT ON MAY 1; 2ND HALF DEUNQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2004 BILLED $1,931.68 1023059040 PAID $965.84 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $965.84. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (AFFECTS PARCEL A) 2163 $168,000.00 $0.00 BALANCE $965.84 4. UABIliTY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. Subdivision Guarantee GNT004 Page 2 of 10 Order No20032764 5. GENERAL PROPERlY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALlY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DEliNQUENCY: (1ST HALF DEUNQUENT ON MAY 1; 2ND HALF DEUNQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2004 1023059040 BILLED PAID $ 899.01 $449.51 BALANCE $449.50 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALlY: $449.50. LEVY CODE: 2163 ASSESSED VALUE LAND: $69,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS PARCEL B) 6. UABILIlY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 7. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CIlY/COUNlY/AGENCY. CIlY/COUNlY / AGENCY: RECORDED: RECORDING NO.: CIlY OF RENTON JUNE 21, 1996 9606210966 8. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION ELECTRIC TRANSMISSION liNE 10 FEET IN WIDTH THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFIOENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERlY HEREIN DESCRIBED 305589 9. EASEMENT AND THE TERMS AND CONDmONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: POWER AND liGHT POLES THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFIOENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERlY HEREIN DESCRIBED 2794410 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNlY BY DEED RECORDED UNDER RECORDING NOS. 5755891 AND 5755892. 11. EA?EMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: . Subdivision Guarantee GNT004 KING COUNlY, A MUNICIPAL CORPORATION UTIUTIES SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN 5767638 Page 3 of 10 12. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTIUTIES AND DRAINAGE FAOLITY SOUTH 5 FEET OF THE WEST 40 FEET 8711300920 Order No20032764 THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000508 AND 20010426000238. 13. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTIUTIES AND DRAINAGE FAOLITY SOUTH 5 FEET 871130092i THE GRANTEE'S INTEREST IS NOW HELD BY CITY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000506 AND 20010426000236. 14. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: KING COUNTY UTIUTIES AND DRAINAGE FAOLITY EAST 65 FEET OF THE SOUTH 200 FEET 8711300922 THE GRANTEE'S INTEREST IS NOW HELD BY OTY OF RENTON UNDER INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 20010116000507 AND 20010426000237. 15. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND UGHT COMPANY, A WASHINGTON CORPORATION . ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION UNES SOUTH 10 FEET 8807220452 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310868. . Subdivision Guarantee GNT004 Page 4 of 10 " • Order No20032764 16. EASEMENT AND THE TERMS AND CONDmONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER AND UGHT COMPANY, A WASHINGTON CORPORATION . ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION UNES SOUTH 10 FEET 8807220453 SAID INSTRUMEf:JT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8805310869. (COVERS PARCEL A) 17. EASEMENT AND THE TERMS AND CONDmONS THEREOF: PURPOSE: AREA AFFECTED: RECORDING NO.: TEMPORARY ACCESS AS DESCRIBED THEREIN 20020228001893 18. AGREEMENT AND THE TERMS AND CONDmONS THEREOF: RECORDED: RECORDING NO.: REGARDING: AND AMENDMENTS THERETO: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 APRIL 20, 2000 20000420000998 LATECOMERS AGREEMENT NOVEMBER 13, 2002 20021115001942 Page 5 of 10 Order No20032764 19. DEED OF TRUST AND THE TERMS AND CONDmONS THEREOF: GRANTOR: SHAMROCK HIGHLANDS, LLC, A WASHINGTON UMITED UABIUTY COMPANY TRUSTEE: RICHARD J. POWERS, AlTORNEY AT LAW BENEFIOARY: BASE CAPITAL, L.L.c., A WASHINGTON UMITED UABIUTY COMPANY ADDRESS: 411108TH AVE. N.E., #1970, BELLEVUE, WA 98004 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $3,500,000.00 DATED: OCTOBER 1, 2001 RECORDED: OCTOBER 9, 2001 RECORDING NO.: 20011009002308 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: PROVIDING FOR: AUGUST 15, 2002 20020815000404 ADDmONAL ADVANCE OF $500,000.00 THE DEED OF TRUST WAS (MODIFIED-CORRECTED-AMENDED) BY INSTRUMENT. RECORDED: RECORDING NO.: DECEMBER 31, 2002 20021231002396 PROVIDING FOR: ADDmONAL ADVANCE OF $1,000,000.00 AND AMENDING LEGAL TO INCLUDE ADDmONAL PROPERTY SUBORDINATION AGREEMENT AND THE TERMS AND CONDmONS THEREOF: BY AGREEMENT DATED: JULY 29,2004 RECORDED: SEPTEMBER 28, 2004 . RECORDING NO.: 20040928001366, WHICH IS A RE-RECORD OF 20040813000485 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR UEN HEREIN. Subdivision Guarantee GNT004 Page 6 of 10 Order No20032764 20. DEED Of TRUST AND THE TERMS AND CONDmONS THEREOF: GRANTOR: TRUSTEE: BENEFIOARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC., A WASHINGTON LIMITED LIABILTIY COMPANY TRANSNATION TITLE INSURANCE COMPANY PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILTIY COMPANY 12409 148TH S.E., RENTON, WA 98059 NOT DISCLOSED $525,000.00 OCTOBER 5, 2001 OCTOBER 9, 2001 20011009002309 (COVERS PROPERTY HEREIN DESCRIBED AND OTHER PROPERTY) SUBORDINATION AGREEMENT WHICH DECLARES THAT THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002309 IS SUBORDINATE TO THE INSTRUMENT RECORDED UNDER RECORDING NO. 20011009002308. SUBORDINATOR: LENDER: RECORDED: RECORDING NO.: PATRICK HUNSAKER AND ANNE MARIE HUNSAKER, HUSBAND AND WIFE; JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE; TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE; BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE; KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE; AND J.P. HUN LLC, A WASHINGTON LIMITED LIABILITY COMPANY BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY OCTOBER 9,2001 20011009002311 SUBORDINATION AGREEMENT AND THE TERMS AND CONDmONS THEREOF: BY AGREEMENT DATED: RECORDED: RECORDING NO.: JULY 29,2004 AUGUST 13,2004 20040813000486 THE ABOVE DEED OF TRUST WAS MADE SUBORDINATE TO THE DEED OF TRUST RECORDED UNDER RECORDING NO. 20040813000484, SET FORTH AT PARAGRAPH INSERT PARAGRAPH NUMBER OF SENIOR LIEN HEREIN. Subdivision Guarantee GNT004 Page 7 of 10 Order No20032764 21. ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREEMENT OF RENTS AND THE TERMS AND CONDmONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS LLC, A WASHINGTON LIMITED LIABIU1Y COMPANY J. P. HUN, LLC., A WASHINGTON LIMITED LIABIU1Y COMPANY, AND PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAN'D AND WIFE OCTOBER 5, 2001 OCTOBER 9, 2001 20011009002310 22. ANANCING STATEMENT AND THE TERMS AND CONDmONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: J. P. HUN LLC, ET AL, SECURED CREDITORS; PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, JAMES HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE; JOHN HUNSAKER AND NORMA JEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MORRISON AND CORA MORRISON, HUSBAND AND WIFE; JOHN HOILAND AND BARBARA HOILAND, HUSBAND AND WIFE, AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE SHAMROCK HIGHLANDS LLC AXTURES ("PERSONAL PROPERTY") OCTOBER 9,2001 ' 20011009002312- 23. ASSIGNMENT OF DEED OF TRUST GIVEN IN THE FORM OF A SECURITY DEVICE AND THE TERMS AND CONDmONS THEREOF: ASSIGNOR: ASSIGNEE: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 BASE CAPITAL, L.L.c., A WASHINGTON LIMITED LIABILITY COMPANY U.s. BANK NATIONAL ASSOCIATION OCTOBER 26, 2001 20011026001657 Page 8 of 10 (e 24. DEED OF TRUST AND THE TERMS AND CONDmONS THEREOF: GRANTOR: TRUSTEE: BENEFIOARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SHAMROCK HIGHLANDS, LLC PRLAP, INC. BANK OF AMERICA, N.A. $11,336,250.00 JULY 29, 2004 AUGUST 13, 2004 20040813000484 THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: OCTOBER 18, 2004 RECORDING NO.: 20041018002418 ( e PROVIDING FOR: ADDmONAL ADVANCE OF $1,968,750.00 SSSjCSS Subdivision Guarantee GNT004 Order No20032764 Page 9 of 10 (e Order No.: 20032764 EXHIBIT "A" PARCEL A: THE EAST 112 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; . EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property: or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. . (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereot, (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances. adverse claims or other matters affecting the title to any property beyond the lines of the land expressly descnbed In the descripton set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or titie to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnel~, ramps or any stru~re or improvements, or any rights or easements therein, unless such property, nghts or easements are expressly and specifically set forth in said description: (b) Defects, liens, encumbrances. adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds: (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potental Invahdity of any JudiCIal or non-judicial proceeding which is "Nithin the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The follolNing terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writng executed by the Company. . (b) "land": the land described or referred to in Schedule (A), (C) or In Part 2, and improvements affixed thereto which by law constMe real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right We, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust trust deed. or other security instrument (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant 3. 4. An Assured shall notify the Company promptiy in writng in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the titie to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee, If prompt notce shall not be given to the Company, then all liability of the Company shall terrmnate with regard to the matter or matters for which prompt notice is required; provided, however. that failure ~ notify the Company shan in no case prejudice the rights of any Assured under thiS Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. No Duty to Defen'd or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding. to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. Company's Option to Defend .or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: ' (a) The Company shall have the right at its sole option and co~t.to institute and prosecute any action or proceeding, Interpose a defense, as hmtted In (b), or to do any other act which in its opinion may be necessary or deSirable to estabhsh the titie to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarant"e, whether or not ~ shaD be liable hereunder, and shall not thereby concede habllity or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, ~ shall do so diligen~y. (b) H the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reseoves the right in its sole discretion, to appeal from an adverse JUdgment or order. (el) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action .or proceeding, and all appeals therein, and perm~ the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecutng or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) 5. 6. 7. 8. of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein. or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the reqUIred cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditons and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (gO) days after the Assured shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the matters covered by this Guarantee which consttute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company IS prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligaton to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representatve of the Company, all records, books, ledgers. checks, correspondence and memoranda, Ylhether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage: All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disdosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph: unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Payor otherwise SeWe Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional optons: (a) To Payor Tender .Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the opton to purchase the indebtedness secured by said mortgage or sai.d lien for the amount ONing thereon, together with any costs, reasonable attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecuton of any litigaton for which the Company has exercised its optons under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Oaimant To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together 'Nith any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's Obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecuton of any litigation for which the Company has exercised its options under Paragraph 4. Detenmination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and StipUlations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or . (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. Limitation of Liability. (a) If the Company establishes the We, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completon of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (_ CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or SettiemenL Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to pertect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. ~ a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured alter the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbftration Rules of the American Arbitration Association. Arbttrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee. any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of liability is $1.000,000 or less shall be arbitrated at the option of either the Company or . the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under' the Title Insurance Arbitration Rules. ·A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire ContraeL (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole: (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where SenL All notices required to be given the Company and any statement in writing required to be fumished the Company shall indude the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 275f57, Richmond, Virginia 23261-7567. CLTA Guarantee Condjtions and Stipulations (Revised 12/15/95) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR Shamrock Heights II A Subdivision GrantorlDeclarant: Shamrock Highlands, LLC., a Washington limited liability corporation Additional names on pg. NI A Grantee: SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION Additional names on pg. NI A Legal Description: Official legal description on Exhibit A Assessor's Tax Parcel ID#: 1023059040 & 1023059304 Reference # (if applicable): 11119/04 5:54 PM • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR SHAMROCK HEIGHTS A Subdivision 11/19/04 5:54 PM ·This Declaration is made as of this _ day of ,2004, by Shamrock Highlands, 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 Shamrock Heights II referred to hereinafter as' "Shamrock Heights II" or the "Property," which was platted as Shamrock Heights II and is more particularly des~ribed in Exhibit A attached hereto. B. Declarant desires to create an association at Shamrock Heights II to provide for the maintenance, preservation, and architectural control of the Lots, Tracts, and Common Areas (all as defmed 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 attIactiveness, Declarant provides herein for a comprehensive system of land-'use and building controls within the Property. SUBMISSION OF THE PROPERTY TO TIDS DECLARATION Declarant, being the sole owner of the Property, hereby makes this Declaration for the purpose of submitting the Property to' this Declaration, and de~lares 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 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 owner thereof. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners 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 Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot. The Association shall always have the responsibility to maintain the plat drainage facilities and emergency access road unless those improvement are deeded or sold to a government agency that assumes the maintenance responsibility. 11119/04 5:54 PM - 3 - Article 1. DEFINITIONS Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto, the following 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 articles of incorporation of the Association, as defmed below. "Assessments" shall mean all sums chargeable by the Association against a Lot, . including, without limitation: (a) general and special assessments' for maintenance, repair or replacement of the Co~on Areas; (b) special assessments for maintenance, repair or reconstruction of the Pnvate Joint Use Driveway Tracts; (c) special assessments for maintenance, repair or reconstruction of the storm drainage facilities with the Private Joint, Storm Drainage Easement; (d) special assessments against a Lot Owner for work done on the Owner's Lot; (e) fmes imposed by the Association; (t) interest and late charges on a delinquent Owner's account; and (g) costs of collection, including reasonable attorneys' fees, incurred by the Association in· cOrulection with the collection of a delinquent Owner's account. "Association" shall mean the Shamrock Heights II 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 Board of Directors of the 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 Renton, in the County of King, State of Washington. "Common Area" shall mean all real property and improvements described in Section 2.1. "Declarant" shall mean Shamrock Highlands, 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 rights and duties of Declarant by written instrument in recordable form. 1I/19/04 5:54 PM -4- "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and Reservations for Shamrock Heights II, and any amendinents 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. . "Lot" shall mean and refer to any of the 11 numbered lots shown on the recorded Plat of the Property. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot. . "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5. "Mortgage" shall mean a recorded mortgage or deed of trust that creates 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 designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a Mortgage. which constitutes 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 interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have theri~t, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice), subjectto 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 affected person shall be notified of the decision in the same manner in which notice of the meeting ~as 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 interest' under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. 11119/04 5:54 PM - 5 - . "Person" shall include natural persons, 'partnerships, corporations, associations and personal representatives. "Plat" shall. mean the Shamrock Heights II Plat recorded at Volume xx of Plats, at pages xx through xx, Recorder's File No. xxxxxxxxxxxxxx, records of King County, Washington. "Private Storm Drainage Easements" shall mean storm drainage easements benefiting certain Lots, as shown on the Plat and referred to in Plat Restrictions 12, 13 and 14 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 Shamrock Heights II and is more particularly descri1?ed 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 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 . Description of Common Areas. The Common Areas, as shown on the Plat, are comprised of the following: TractE TractR NGPE Storm detention tract Section 2.2 Dedication of Common Areas. Declarant, by recording the Plat, dedicates, transfers and conveys the Common Areas to the Association. Section 2.3 Use of Common Areas. Each Owner shall have the right to use the . Common Areas in common with all other Owners, subject to this Declaration, the Bylaws, any rules and regulations adopted by the Association, and the following: 2.3.1 The Association may totally bar or restrict use of portions of the Common Areas where ordinary use could be dangerous, unreasonably increase Association costs, or be detrimental to the environment, or is inconsistent with its designation as a Sensitive Area on the Plat. 11/19/04 5:54 PM -6- 2.3.2 The Association shall have the right to suspend the voting rights by any Owner for any period during which any assessment against such Owner's Lot remains unpaid, 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 of the Common Areas, including easements 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 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 the requisite vote or consent has been obtained. Section 2.4 Sensitive Area. A certain portion of the Common NGPE Area has a special designation 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 Association consistent with the Plat restrictions. The split tail, wire mesh fencing which is installed shall remain in place and similar in style at all times unless under temporary repair or replacement. Section 2.5 Drainage Tract. A certain portion of the Drainage Tract (Tract R) has a special designation on the Plat as a access/drainage tract. The tract is subject to special use restrictions set forth on the Plat and to any supplemental rules or regulations adopted by the Association consistent with the Plat restrictions. Section 2.6 Private Association Storm Drainage Easements. Certain Lots are subject to Private Association Storm Drainage Easements, which benefit certain Lots. The Association shall be responsible for maintenance of the Private Association Storm Drainage Easements. Section 2.7 Landscape Easement. The Association shall be responsible for maintenance of all street trees, detention pond & NE 4th Street frontage landscaping, and the privacy fence along NE 4th Street. . SectiOli 2.8 Private Joint Use Driveway Tracts. Private Joint Use Driveway Tracts serve 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 Owners served by a particular easement, shall be responsible for the maintenance of that easement as provided. 11119/04 5~54 PM - 7 - Section 2.9 Private Joint Stonn Drainage Easement. Plat'Restrictions 12, 13 & 14 establishes a Private Joint Stonn Drainage Easements over which benefit certain lots. Declarant, by recording the Plat, grants a stonn drainage easements to the Owners of the Lots benefited: The Association, at the request and cost of the Owners served by a easement, shall be responsible for the maintenance of the stonn drainage facilities within the easement, as provided in Section 2.13 ' Section 2.10 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 family members, guests, and tenants of such Member. Each Owner shall be responsible for informing such Owner's family members, guests, tenants, and service personnel of the contents of this Declaration as well as any rules and regulations that may be adopted by the Association as they may relate to 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 Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to be Heard. Section 2.11 Fencing. The Declarant has installed fencing along the 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 within their respective property boundaries. The Declarant has also installed split rail wire mesh fencing, as required by the City, between the NGPE and Lot 10. Maintenance, repair and replacement of that split rail shall be the responsibility of the Owner of Lot lOon which or adj acent to which the fence is located. . Section 2.12 Landscape Strip. The Association shall be responsible for maintenance of the landscape strip within the public right-of-way along NE 4th Street, south of the privacy fencing unless and until the City or other governmental agency has assumed the responsibility therefore. Section 2.13 Maintenance. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Common Areas, and upon request of the Owners served by a Private Joint Use Driveway Tract or Private Joint Stonn Drainage Easement as provided below, the Private Joint Use Driveway Tracts and Private Joint Stonn Drainage Easement. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The Association shall, upon the written request of a majority of the Owners of the Lots served by a Private Joint Use Driveway Tract or benefited by a Private Joint Stonn Drainage Easement, perfonn such maintenance, repairs or reconstruction of the portion of the facilities within the tract or easement used in common as may be requested by the Owners. If one or more of the Owners 1lI19/04 5:54 PM - 8 - served by a Private Joint Use Driveway Tract or benefited by a Private Joint Stonn Drainage Easement, but less than a majority of those served or benefited, makes a written request to the Association to have maintenance, repairs or reconstruction of a portion of the facilities within the tract or easement used in common, the Board shall, after Notice and Opportunity to be Heard given to all of the Owners served by that tract or benefited by the easement, decide whether it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost of such maintenance, repairs or reconstruction shall be assessed equally against each of the Lots served by the Private Joint Use Driveway Tract or benefited by the Private Joint Storm Drainage Easement. Street trees 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 Establishment. There is hereby created an association called the Westchester Homeowners Association or such other name at Declarant shall determine (the "Association"). Section 3.2 Fonn of Association. The Association. shall be a nonprofit corporation formed and operated under the laws of the State of Washington. Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration. ~d the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the 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 Directors. In the event of any conflict between this Declaration· and any Bylaws, the provisions of this Declaration shall prevail. Section 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 of the 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 Owners except the Declarant, and each Class A Member shall be entitled to one vote for each Lot owned, whether improved or not. When more than one Person hold~ an interest in any Lot, all ~uch Persons shall be 11119/04 5:54 PM -9- 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 Class B member shall 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 member; 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 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 the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. . Section 3.7 Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form 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. Section 3.8 Inspection of Association Documents, Books, and Records. The Association shall make available to Owners, Mortgagees, 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 other rules, books, records, and fmancial statements of the Association, and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. 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 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 Authority 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 permitted to the Board under this Declaration including, but not limited to, the following: 11119/04 5:54 PM -10 - 4.2.1 Levy, collect, and enforce the collection of, assessments, 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 officer 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, Private Joint Use Driveway Tracts and Private Joint Storm Drainage Easement, the collection of assessments, the sending of all required notices to Owners, the operation of Association meetings, and other regular activities of the Association. 4.2.4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its 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 Use Driveway Tracts or Private Joint Storm 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 fee for any services it performs 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 officer or officers, agent or agents of the Associati~n and in such manner as is from time to time determined 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, 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. 11119/04 5:54 PM -11 - 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, rockeries, driveways, fences, 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 Property must be approved by the Board or an Architectural Control Committee ("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 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 given by the ACC. 5.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity 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, architects, 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 proposed 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 it, the ACC will be deemed to have given its approval. Approval by the ACC does not preclude or replace any required governmental agency approval. '5.1.4 The maximum height of any building shall be established by the ACC as part of plan approval and shall be given in writing together with the approval. If the ACC has failed to disapprove such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than 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 the ACC. One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC. All buildings or structures shall be erected or constructed, and all exterior alterations or 11119/04 5:54 PM -12- repairs made, by a contractor, house builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or coior for such improvements, construction or exterior, alteration or repair visible from 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 that such building or structure will have on the view or outlook of surrounding Lots, compliance with the Plat, and any and all other factors 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 to disapprove the design or installation of a swimming pool or any other recreational structure or equipment deemed 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 equip~ent 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 Owner's expense, the trimming, topping or, if deemed 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 viewor access to sunlight of another Lot or any Common Area. 5.1.9 Declarant (including any successor in interest to Declarant's status as Declarant) 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 architectural guidelines consistent with this Declaration for making its determinations hereunder: 5.1.11 No Structure 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 with evidence that all necessary permits have been obtained from the City for any work on a Lot for which ACC approval is required under this Section prior to commencement of the work. 11/19/04 5:54 PM -13- 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 the period of sale of Lots or Homes upon such portion of the Property (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 Homes, including but not limited to a business office, storage area, signs, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant. Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, each OWner, at said Owner's cost and expense, shall promptly and continuously maintain, repair, replace and restore the Home and other Structures or improvements on the Owner's Lot in a good, clean, attractive, safe and sanitary condition and in full compliance ~th all applicable laws, the provisions of this Declaration, and any rules and regulations of the Association. If any Owner 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 be Heard, at the Owner's cost and expense, maintain, repair, replace or restore such items or areas and the Owner shall payor reimburse the Association on demand for all such costs and expenses. All trees, hedges, shrubs, 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 visual nuisance. Leaves, clippings, dead plants and other yard waste shall be placed in a compost pile or appropriate containers for disposal. Il£i(GliMRRestrictions on Storage. No Owner shall store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over two tons (except those used by Declarant in connection with the development of the Property or construction of the Homes) or any disabled or inoperable motor vehicle on the Property UIiless 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 ACe. Violations of this Section shall subject such vehicles to impound, 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 normal access, ingress and egress, and no obstructions shall be placed thereon or therein except by express written consent of the Board. The Board may adopt rules and regulations governing parking by Owners and their guests in Westchester. 11119/04 5:54 PM -14- 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 activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; (ii) for use as a home office 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 improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance to other occupants on the Property. Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in the Property, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of the Property shall be less 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 instrtIments. Section 6.7 Garbage and Trash Removal. No Lot, Private Joint Use Driveway Tract, or Common Area shall be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage, trash and yard waste shall be 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 Lot. All containers for garbage, trash and yard waste may be placed in public view only on the designated collection day. 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") npt 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 confmement 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 violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all such 11119/04 5:54 PM -15 - harmed 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 fmds is disturbing other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain. Section 6.9 Signs. No signs shall be displayed to public view on any ~ot 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 Lot for sale or rent, (iii) signs used by Declarant or other home buiiders to advertise Lots or Homes for sale, or (iv) the permanent entry signs for Shamrock Heights II. Section 6.10 Renting and Leasing. 6.10.1 With respect to the leasing, renting, 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 foreclosure proceeding, or any deed of trust sale or other arrangement 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 this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this 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 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 days. The renter or lessee shall not have the right to contest payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent to the 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. The Board shall not exercise this power where a receiver has been appointed with respect to the Home or its Owner, or in derogation of any rights which a Mortgagee of such Home 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 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 between any provision of such governmental 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 Lot with the exception of (i) the business of the Declarant in developing and sellmg Homes or Lots, and (ii) home occupations approved by the Board which do not involve employees, 11119/04 5:54 PM -16- regular visits by customers or clients, create excess traffic, parking problems, noise, or otherwise violate this Declaration. Owners shall also comply with all of the 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 conformance 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 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 exterior any Structure or otherwise placed on any Lot. The ACC may regulate the location and screening of any antenna, satellite dish or 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 liJ;nitation, .minimum setback requirements. Section 6.16 Oil and Mining Operations. No . oil drilling, oil development operations, oil refining, quarrying or mihirig operations of any .kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 6.17 Use and Disposal of Hazardous Substances. The Owner of each Lot shall ~omply with all ·state, federal alid local laws and regulations governing or in any way relating to the handling, .storage, use, dumping, discharge or disposal of any hazardous substance or material. The owner of each Lot shall not dispose of or discharge any hazardous substance or materials on any Lot, Private Joint Use Driveway Tract, 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, constructed 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 ACC. This period may be extended by the ACC due to inclement weather. 11/19/04 5:54 PM -17 - 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. Section 6.20 Exterior 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 from view from the road located within the Property. Section 6.21 Outdoor Fires. Outdoor barbecues may he used for cooking on the Lots when permitted by law. Reasonable 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 permitted on the Property, except for fIres by Declarant or contractors for burning construction wastes where all necessary government permits have been obtained. Section 6.22 Screened Service Areas. Unsightly items must be hidden from view 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 limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdopr 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 ACe. Section 6.23 Damage and Repair of Property. Upon any Substantial Damage (as defmed below) to any Home or Lot, the Owner shall promptly restore and Repair (as defmed below) the Home to substantially the same size and design as the original Home. The prior written consent or vote of the Board and a vote of 67% of the total votes entitled to be cast by· the Owners of the Lots is required to rebuild in accordance with a plan that is different from the original plan as it may have been modifIed by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a 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 then current assessment for the purpose of real estate taxation. Article 7. ASSESSMENTS Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided in this 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. 11119/04 5:54 PM -18- Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot 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 ownership of a Lot changes, assessments payable in installments which have been established for the current fiscal year shall be prorated 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 authority of the Board shall be established in accordance . with this Article 7, except for assessments levied against an Owner 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 within the Private Joint Use Driveway Tracts or Private Joint Storm Drainage Easement or for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection 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 constructed on the Lot 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 prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs ~d expenses. Assessments on each Lot 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 spedal meeting of the Association by a vote of 51 % of the votes of.each class of Members. Until assessments have cominenced, the Declarant shall pay the actual expenses of the Association. . Section 7.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy on every owner a general assessment. The Association's operating budget shall be divided by the nuinber of Lots to determine 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 Lots owned by the Owner by one assessment unit. Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each· Owner 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 Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an assessment shall not render. such 11119/04 5:54 PM -19- assessment void or invalid. Any failure by the Board, before the expiration of any assessment period, to fix the amount of the general assessment 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 general 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 shall continue until a 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 Board 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 general assessment for the assessment period. Section 7.7 Special Assessments. In addition to the general assessments authorized by this Article, the Association may levy an assessment or assessments at any time against all Lot Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a Common Area, or for such other purposes as the Association may consider ~ppropriate; provided, however, that any such assessment must have the prior favorable vote of a majority of each class of Members. The amount of each Owner's special assessment for any year shall be calculated 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 maint~nance, repair or reconstruction of facilities shared in common within any Private Joint Use Driveway Tract or Private Joint Storm Drainage Easement shall be a special assessment against the Owners 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 done on the Owner's Lot pursuant to Section 6.1 shall be a special assessment j against the Owner of that Lot. Special assessments may be levied either before or after the work is done, in the discretion of the Board. Section 7.8 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any assess~entor 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 amount not exceeding 25% of any unpaid assessl!lent w~ch has been delinquent for more than 15 days. Section 7.9 Accounts. Any assessments collected by the 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 accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 11119/04 5:54 PM -20- Section 7.10 Lien. In the event any assessment or installment thereof remains delinquent for more than 30 days, the Board may, 'upon 15 days' prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A notice of assessment may be recorded in the office where real estate conveyances 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 such assessment, and charges shall have priority 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 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 time any assessment or installment thereof become delinquent or any lien is imposed pursuant to the terms hereof. Section 7.12 Records and Financial Statements. The Board shall 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 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. 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 available) stating 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 shall be furnished to any Owner or any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a . reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same priority as its lien. ' 11119/04 5:54 PM -21 - 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 collect any assessment. In any action to foreclosure the lien of, or otherwise collect delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens may be foreclosed as a mortgage. Section 7.15 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of assessment has been fiied and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the notice and all other assessments which have become due and payable following the date of such recordation 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 fr~m time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to· such action. The satisfaction and release of the lien created by the notice of assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purpose of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the notice of assessment and any efforts to collect the d~linquentassessments, including a reasonable sum for attorneys' fees 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 . fund, be credited to the Lot owned by such 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 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 draw upon said deposit as a result of a Lot Owner's delinquency in payment 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 shall continue to have all of the rights and remedies for enforcing such assessment payment and deposit restoration as provided by this Declaration and by law. 11/19/04 5:54 PM -22- 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 three months of monthly assessments as an initial contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction 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 with the Bylaws and adtninistrative rules and regulations adopted by the Association (as the same inay be 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 on behalf of the Association and the Owners) or by the aggrieved Owner 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 shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred iI?-preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 8.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in anyone 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 term, 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 made unless expressed in writing and signed by the Board: 11119/04 5:54 PM -23- Section 8.3 Arbitration. Any dispute between the Owners, between an Owner and the Board or the Association or between an Owner, the Board or the Association and Declarant shall be determined by arbitration in the King County, Washington, under the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as modified by this Declaration. There shall be one arbitrator selected by the parties within seven days of the arbitration demand or, if not, then selected pursuant to the AAA Rules. The arbitrator shall be an attorney with at least five years owners association, subdivision or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this Declaration shall be determined by the arbitrator. At the request of either party made not later than 45 days after the arbitration demand, the parties agree to submit the dispute to· nonbinding mediation which shall not delay the arbitration hearing date. There shall be no substantive motions or discovery, except 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. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a judge including attorney fees arid costs to the prevailing party, but the arbitrator shall not have the power to award punitive damages. This arbitration provision shall not cover claims by the Association for collection of assessments; such claims shall be governed by Article 7. Section 8.4 Remedies Cumulative. Except for claims which must be arbitrated pursuant to 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 available under law although not expressed herein. Article 9. LIMITATION OF LIABILITY Section 9.1 No Personal Liability. So long as a Board member, Association committee member, Asso~iation officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information 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 or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision, by such person in such person's official capacity; provided, however, 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 or Association committee member, or Association Officer, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may II/19/04 5:54 PM -24- ·e 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 duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification 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 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 assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. . Article 10. MORTGAGEE PROTECTION Section 10.1 Priority of Mortgages. Notwithstanding 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 and/or special district and be subject to the rights 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 a Lot, or other purchaser of a Lot, who obtains possession of a Lot as a result of foreclosure 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 from 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 a 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 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 alter 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 writing 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, conditions, restrictions, covenants, easements or reservations 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 subsequent owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. 11119/04 5:54 PM -25- Section 10.4 Copies of Notices. If the 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 more than 60 days failed to meet any obligation under this Declaration. Any fIrst mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and" be permitted to designate a representative to attend such meetings. Section 10.5 Furnishing of Documents. 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 the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Article 11. EASEMENTS AND SPECIAL TRACTS Section 11.1 Association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. . Section 11.2 Utility Easements. Various easements are reserved on the Lots, as provided by the Plat and applicable laws, ordinances and other governmental 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 permitted to remain that may damage, interfere with the installation and maintenance of utilities, that may change the direction of flow of drainage channels in the easements, 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 Lot benefIted, except for those improvements for which a public authority or utility company or which Association is responsible, as provided on the Plat or in this Declaration. The Owner shall maintain the portion 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 easement for the 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 Security 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 Diiveway Tracts, and Common Areas in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot 11119/04 5:54 PM -26- only if it is either (i) doing so with reasonable cause, or (ii) acting with the consent of the Owner or tenant of such Lot. Article 12. ABANDONMENT OF SUBDIVISION STATUS Section 12.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an 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 without prior written approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandoll 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 Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Until the Transition Date, this Declaration may be amended by an instrument approved and executed by Declarant and approved by the 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 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 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 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 such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity 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 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 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 fust Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions 11119/04 5:54 PM -27- 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 Plat. 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 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 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 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 Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat to conform data depicted therein to improvements as actually constructed and to establish, 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 to provide comprehensive liability insurance; fidelity insurance; worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property 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, cause the Association to purchase and maintain insurance, if available, for the protection of the Association's directors, officers, and representatives from personal 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 shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business 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 least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees. 11119/04 5:54 PM -28- • Section 14.2 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 amount equal to the full replacement cost of each Home and all fixtures and improvements located thereon,· with such reasonable deductibles and exclusions from coverage as the Board may from time to time approve 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 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 as 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 with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposite<;l in the United States mail, postage prepaid, addressed as follows: 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. 11119/04 5:54 PM -29- • 15.1.1.2 If to Declarant, 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): Shamrock Highlands, LLC. c/o CamWest Development, Inc. 9720 NE 120th Place, Suite 100 Kirkland, Washington 98034 Attention: Sara Slatten 15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written notice from 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 after the Board has received actual notice of such Owner's purchase of a Lot. Section 15.2 Conveyance: Notice Required. The right of an Owner 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 assessments 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 Owners, set forth in or imposed by 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. 15.5.2 Declarant shall not consummate the conveyance of title of any Lot until the Mortgagee of the Lot shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The 11/19/04 5:54 PM -30- • 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 subject to its Mortgage as well as its acknowledgment that such appropriate amingements for partial release of Lots has been made; provided, that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire property. Section 15.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 15.7 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the ope~tiori and maintenance of the Property. Section 15.8 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. Section 15.9 Effective Date. The Declaration shall take effect upon recording. IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year fIrst herein above written. DECLARANT: Shamrock Highlands, LLC., a Washington limited liability corporation By __________ ~----------------- Eric H. CampbelI, Its Member 11119/04 5:54 PM -31 - • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that 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 was authorized to execute the instrument and acknowledged it as a Member of Shamrock Highlands, LLC., a corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this __ day of ______ ~ __ , 2004. 11119/04 5:54 PM (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the state of Washington, residing at _____________ _ My appointment expires ________ _ -32- • EXHIBIT A Legal Description of the Property Parcel A: The East Yz of the Southwest 'l4 of the Southeast 'l4 of the Southeast 'l4 of Section 10, Township 23 North, Range 5 East W.M.; Except the East 100 Feet of the South 150 Feet Thereof; And Except the South 42 Feet Thereof as Conveyed to King County for Southeast 128th Street by Deed Recorded under King County Recording NOS. 5755891 and 5755892; Situate in the City of Renton, County of King, State of Washington. Parcel B: The East 100 Feet of the South 150 Feet of the East Yz of the Southwest? of the Southeast v.. of the Southeast 'l4 of Section 10, Township 23 North, Range 5 East W.M. Except the South 42 Feet Thereof as Conveyed to King County for Southeast 128th Street by Deed Recorded Under King County Recording NO. 5755891; Situate in the City of Renton, County of King, State of Washington. 11119/04 5:54 PM ,,-.-- DEVELOPMENT PlANNING CITY qF .RENTON NOV 242004 RiCEJViD-cs At Request Of fczm~~f/) AFTER RECoRDING RETuRN TO: K C Property SeMces DivIsIon 500A King County Adnun Bldg SOD Fourth Avenue I "DM-CF=-0500 SeaHle, WA 98104 • Illltlllll,,1I1 KpING COUNTY PR £AS • II AGE III OF 1M ' KI4:r;"ZS/ZIIt 11:22 NG COUNTY. UA 20-0r81-16100586-:---- ~~~ =lAS I,ll 11/16/2811 le'SI K:tNG COUNTY. lolA ASSIGNMENT OF UTILITY AND DRAINAGE EASEMENT Grantor--King.County, Washington Grantee - -City of Renton Legal - - - -SE % of Sec. 10, Twp 23 N., Rge 5 E., W.M. Tax Acct. -102305-9040 & 9304 The Grantor, KING COUNTY, a poIJtJcaI subdMsion of the State of Washl1lQton. for and In constderatJon of mutual benefits, does hereby assrgn unto the Grantee, the CI1Y OF RENTON, a munICipal corporation of the State of Washington, all of its right, title and IJ'1terest II'l. and to, that certain UtIlity and Drainage Easement, dated October 26, 1987, as recorded under Recording No. 8711300921, records of King County, Washington, over and aaoss the following descnbed lands, situate In KIng County, Washington The South 5 feet of the following described parcel of land The East % of the SW % of the SE % of the 5E % of SectIon 10, Township 23 North, Range 5 East, W M , King County, Washington, EXCEPT the South 42 feet for road conveyed to King County for 5E 128'" 5t by Deeds recorded under Recorcbng Nos 5755891 and 5755892 By the authonzed signature below, the CIlY OF RENTON accepts the said ubllty and dramage easement and aD of the terms and condibons set forth therein Dated this 5 +-h day of Januq gj .~;lODI EXCISE TAX NOT REQUIRED KI'G'§~ BY:. 1\ t Deputy KING COUNTY. w~ BY U ;; NAME1>avid 7>r-e.lf9schat TITlEPtoPd+H SQ.yvices MM~ DATE ::To. nua rtJ 5) 9PeJ5 0100' ACCEPTED BY THE CITY OF RENTON. BY Z4erf9~ NAME 6-JgFiqk= 2/111/J1,FJ2I!,ftI TITl£P44~L0Ulr#tALlC tpO~"$ 1>E)'I1 4-9t1!l/YISf.k47P,r( DAlE J2./z.I /ao ( PfbPlV Ptf1: 4r1lHlrJ) STATEOFWASHINGTON ) ) ss COUNlY OF KING ) ~\ On thiS 5±l1 day of ,Ti) hU~ , ~ before me the undersigned, a Notary Public Vl and for the of Washington, duly comrmssloned and swom, personaDy appeared David B. Preugschat, to me known to be the KIng County Property Services Division Manager and who executed the foregoing Instrument and acknowledged to me that said person sJgned the same pursuant to a delegation of authority from the King County Execubve as the free and voluntary act and deed of King County, for the uses and purposes therein mentioned STATE OF WASHINGTON ) ) ss COUNlY OF KING ) On thiS ,2!? f-day of Oecwrv/Je..r , 2000, before me the undersigned, a Notary Public illjmd for the State of Washington, duly comrmSSJoned and swom, personally a peared ~e~ Z!'Mmerf"Nl.¥l, to me known to be the W 1 of the ity of Renton, and who Signed the foregomg Instrument a pbng the easement descnbed therein, and acknowledged to me that Said person was authorized to Sign ttus instrument and signed the same as the free and voluntary act and deed of the City of Renton, for the uses and purposes therem mentioned WITNESS my hand and offiCIal seal hereto affixed the day and year fJf'St above wntten Pnnted Name" f-ai;e:n f)(lJd.e r NOTARY PUBUC m~ for the State of Washington, residing at Ke.~ . My commiSSIOn expues ';;;IJ ~ .3 I " U aIM 2108 I\t.t.b " •• 1 rAl UTILITY AND OIU\lNAGE EASEIltNT 136 The saId GRANTOR, for and In consIderation of --,Fo=u~r,-=U:::un=dred=:..F=-=l.::.ft:='YL..:and=::....!n!::o~/~l:!O:.:O:-._ Dollars ($450 OOJ-----------------------------------------------and other y;fua61e consfderatlon, receipt whereof Is hireSy .cknowledg~o 6, these presents grant unto the said GRANTEE, Its slIccessors and asslqns, a right of vay easellel'lt for utilities and drainage faclllty oyer. throll9h. across and under the property hereiR described, situated In King roanty, Nashlngton, betng .are particularly described as follows: The .. South 5 feet of the folloliing. The Bast 1/2 of the Southwest 1/4 of the Southeast 1/4 of the southeast 1/4 of Section 10, Township 23 North, Range 5 East, W." , King County, Washington, EXCEPT the South 42 feet for road conveyed to King County for Southeast 128th Street by Deeds recorded under Recording Nos 5755891 and 5755892. contains an area of 1,151 sq. ft., or 0.026 acres, "/L. 87,11,-:0 R/w 2108 -S E. 128TH STREET ~ F . CRSI~ ()I.' "1)9'"" "l , ••• I r-) KlIIg coU Rea/ Property DIVISIon Said GRANTEE, tts successors and assigns, shall haye the right at sueb time IS may be necessary, to enter upon said property for the purpose of constructing, reconstructing. u'nlaln'ng and repatrlng said tlf IIITliESS WIIEREOF sa I d GRANTOR (trst above wrl tten. x4t..,&(lI.~ K AUf~ a .;3u{~ STATE or IlASIt tllGTON ) ) ss toum OF .:tHG ) /) Oa tJtl~Y~SOMllY appeared before naeJwg *rai~J, and (?11:!B.. • ~~ to .. tnOlfl1 e ~ n y s sa d In and who eieCiiteftheYt .. anaroregoing Instrument, and acknowledged that they ,I,aed the same as the\~~u~~ry let and deed, for the uses and purposes therein nmtloned. Gh .. e<~i&....~~ ~nd official seal this ?k~ da, of (()~mSFL. 19~Z, r ~'" ... "'.j\, ~::f'~~'.~··~!{.:\ AbtUY ~~ ~ ~ IIUGut: '., Sb-te 0YUbt:gton. residing It 'T~ ~ ... ~., ," f~ ~. r ~ 0;. . \\\'\~ . RJOOU .:0-.. :::-!.r.s , Filed For Record At Request Of Cff4bt~ -3~fb AFTER REcORDiN RElURN TO: K. C Property SeMce5 DMsIon 500A KJIlg County Admin Bldg 500 Fourth Avenu~ ADM-CF-05C>D SeaWe, WA 981(M III ASSIGNMENT OF UTILITY AND DRAINAGE EASEMENT Grantor - -King County, Washington Grantee - -City of Renton Legal - - - -SE Y. of Sec. 10, Twp 23 N., Rge 5 E., W.M. Tax Acc1 -102305-9040 & 9304 The Grantor, KING COUNTY, a pobtical subdIVision of the State of Washington, for and in consideration of mutual benefits, does hereby assign unto the G~ntee, the CIlY OF RENTON, a mumapal corporabon of the State of Washington, aD of ItS nght, bile and interest til, and to, 1hat certain Ubtity and ~ge Easement, dated October 26, 1987, as recorded under Recording No 87113OO9v, records of KIng County, Washington, over and aa'OSs the follOWIng desa1bed lands, slbJate In KJng County, Washington The East 65 feet of the South 200 feet of the following descnbed parcel of land The East % of the SW % of the SE % of the SE % of Secbon 10, Township 23 North, Range 5 East, W M, KIng County, Washington. LESS County Road By the authonzed SlgnabJre below, the CITY OF RENTON accepts the 5aId utility and drainage easement and aU of 1he tenns and concfdionS set forth theretn. Dated this 5 fh day of Jiln u a ry ,~Ol ~ ""ThIS docume,-w. 'so beJnq re -rtC.{)rdf?d.Jo uyre J- +he.. Ret.ord,'n" No. o~ the. Uhl,./" 8m+. htrl-ed above. and .Jo CLJr-recJ..fIu.. dahof e..'U.cu-M'on. EXCISE TAX NOT REQUIRED :.~~ .Deputy KlNG~, WAS~~N BY-1// /~ NAMEDavic( 'PreUjsc.ha:f- mLE :Proper~ Ser-vlces M~nqrr DATE January 5, .2:Oj;)(jOI d2DOI ..- ACCEPTED BY THE CITY OF RENTON. BY iucn-fP-«'t~ NAME 6="'SI-~ 2;&1#rA!tf{AN TITLEfI4NHI/lt:,Mf//L{)J fIt./llAtJe tl/okJr> PE)?fr .;i/)"If //'II~To~ DATE 12./1..,/00 ( ~6Pw PqT /tPH1tV STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ~pJ On thiS 5th day of -JaYlUa~~ , ~ before me the undersigned, a Notary Public In and for the sui of Wastungton, duly comnussloned and sworn, personaUy appeared David B. Preugschat, to me known to be the KIng County Property Services Division Manager and who executed the foregOIng Instrument and acknowledged to me that said person signed the same pursuant to a delegation of authonty from the KIng County Execubve as the free and voluntary ad and deed of King County, for the uses and purposes therem mentioned WITNESS my hand and official seal hereto affixed the day and year first above wntten STATE OF WASHINGTON ) ) sSP COUNlY OF KING ) On thiS Jl./2t day of /)eC-ell?d>-t.C , 2000, before me the undersigned, a Notary Pubbc In and for the State of Washington, duly commiSSIoned and swom, personallY. appeared 6re~"mltl,e.rman. to me known to be the PBPW Dep'f.,MwuQ. of the of Renton, and who signed the foregomg Instrument accepting the easement descnbed therein, and acknowledged to me that said person was authonzed to sign thIS Instrument and signed the same as the free and voluntary act and deed of the City of Renton, for the uses and purposes therein . mentioned WITNESS my hand and offICial seal hereto affixed the day and year first above wntten Piinted Name ~,]i?Ul'(! IC NOTARY PUBUC In and for the State of Washington, residing at Ke n.:t: - My commission expll'eS . s:/I :5,Z::Z~t:J'.3 RERECORDED FOR PAYMENT OF EXICISE TAX -re:" '·.-'''·C.OI~.) 7 V~. PUBET POWER EASEMENT For and in consideration of One Dollar (S I.oOlllnd ulher \·aluable consideration. Ihe n:ccipl of which is hcn:b)' acknowledged. JAHES F. BRIERE and MARClA L. BRIERE. husband and wife. and CERA!.D __ ~J~.~B~R~I!E~RE~a~n~d~GA~YL~E~A~.~B~R~I~E~R~EL._h~u~8~b~a~n=d-=an~d~w~l~f~e~ ____________________________ ~, (.: -(--O-rn-n-Io-r--hc-rc-I-Ol-, :"'here--:b-,-sr-a-n-IS,-CO-n-ve-y-,-a-nd-:-w-ar-ra-a-:I-s -:-Io-:P:-:U::G::ET::-:S:::O:::U::N:;:D:-:P:O::W:-:E::R:-:&:-:L::IG;H~T:-::C::O::"::I::PA:-::N7:y-:, -a :-' Wll5hinBlon c;Jrpornlion(-Grnnlce-hcn:inl, for Ihe purposes herrinnher SCI fonb, a perpetual cascmcnlDVCr, across and .-,; '/'I J:U·:LC~2i~2C~~19~U:8~B~"-"'''''''''''f'''.-''''' •• Kto, "";;;;~"';: ~.:'~:~ ( 1 Jl I':~~H~L "'''''''+.t. .IJlI ~'1~~3 a1£ of the Southwest quarter of the Southeast quarter ~~ the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, "~ashington: EXCEP'f the East 100 feet of the South 150 feet: EXCEPT the South 42 feet conveyed to King County for Southeast 128th Street by Deed recorded under Auditor's File No. 5755891. Exccpl as may be olhcrwisc SCI fonh herein Gmnlee·s rillms shall be exercised upon lhal ponion of Ihe Propcny Uhe -Righl-of-Way· herein) described us foDaws: A ""AtlrlrJflW~~ III "" II 1I11l/111UJ 11U.·/ri~ Mlilrl,U ( ((!I" (( (( " l/1rJ:/ I>tMIrMr4rJJdrUoI:1r/i/de of alJ:M.,IJlrlJJdJrftkMJ lJIIJ..Js:. The South ten nO) feet :)f the above descr lbed property. F:LED FOre RECORD AT REQUEST OF: PUCEi· FOl'iFrl REAL ESTATE DEPARTMENT P.O. BO;( 97(134 IJELLEVUE, WASHINGTON 98(,;)9·9734 A'1'I'ENTlON: J.mE:r OLSEN E:S .... CtS··31 i(ECD ;= t:~ISH.!':'.L 1 % EXCISE TAX NOT REQUIRED J\1r-~ ~!). ii'(;~lj: Di~ision B,y ,(I{(.r~,J!l:f . Deputy t .• Cd) liI)8t:.~ .. ~";.6:"nE •• (b) . 13 I. Purpose. Granlee shaD have Ihe righl 10 conSlrUCl. operale, maialain. repair, replucc Dnd cnlDrae one Dr more c1cClrie lransmission and/or dislribution lines O\'CI and/or under Ihe Righl-of.Wuy logether wilb an neccsillry or convcnicnl appunenanccs IhcrC\(\, Which may include bul arc nOl limiled 10 Ihc rollowing: a. Owcrhad f.dUIles. Poles and/or 10 .. "15 \\;Ih cro55llrms. braCC5. guys Dnd unchors, electric lransmission and distribulion lines; communication and signallincs; Iraru;rormers. b. UndCfIIIIUnd radlltlcs. Underground conduils. cables. vaullS, manholes, swilcha a.w IrDnsfonncn; semi. buried or ground mounled facilities such as pads. In .... rurmcrs und switch ..... FoUowins Ihe inilial construction of its facililies, Grantee may from time 10 lime construct such additional lines and olher facililies as iI may !nIuirc. 2. Access. Grantee shall have the righl OfUCCCS510 Ih. RigJu·of.Wny ever Dad across the Propen)' 10cnablcGranlceto exercise it riShu br:scundcr, provided,lhal Gmnlec sbll compensale Graillur ror any damage 10lhe Propenycauscd by Ihe exercise of said risJu of access. 3. Cunl", orTrecs. Granlee shalllauvc Ihe righllo CUI on rim IIny and all brush onn:es standing or growing lIpon lhe Righl-of.Way, and also the righllO CUI or lrim any In:cs upun Ihe Property which, in falling, could, in Grsnlcc's reasonablc judgement, be I tward 10 Granlce's facililies, 4. Grantor'. DlC orRlcht-or· WI,.. Granlor reserves Ihe righllO usc the Righl-or. Wa)' for any PlIrpDSC nat inconsislcnl wilh IherighlS hcn:ingranled. provided.lhal G ranlor shall nOl COll5\n1ct or mainlllin anybuHdina Dr OlhcrSlrllcttJIC on Ihe Riahl-of.Wayand GranlorsbaU do no blDsting ,.ilhiD300 rees ororanlee', racililies withoul GraDlce's prior wrillcnconsenL S. Indunnll)'. By acccplinglind recording Ihis casement, Granlee asrccs 10 indcmnifyund hold harmlcssGranlor from any lind an claims for injuries and/or damages surrered byaDY person wbicb may be caused by Ihe GranlCC's aercisc: OrlM rigblS herein aranled; provided. lhal (iranlce shall nol be mponsible 10 GmDlor for an)' injuries andl or damaacs 10 any penon caused by acts or omissions of Grantor. 6. Abaadonmtnt. The riSItls hemn granted shall conlinue uDlilluch lime as Granlce CCDSC!\ 10 usc lhe RiBJu-of.Wa)' for a period of five(SI successive)'Cars. in which evcnllhis C:lscmem shalllcrminalc and all riShu hereunder shaH rcvm to Grantor, provided. lhal no abandonmenl shall be deemed 10 have occurn:d by reason orGranlce', railun:lo initially inslllll its faalilics on Ihc Righl-of·Way wilhin any period of lime from Ihe date bereof. 7IUUI4 R·2637 8705924 It.l-ACODI 235-40 Parcel No. 7 ~ .. ---.. I I i I I J I I o I I I I I I I I J /! 7. 'Successor and Aulr:ns. The rights and obliptiollJ of the panics shall inure to th~ benefit orand be binding upon thai respective successors and assigns. ·.yr 1',".','(1", 19 ~r/ DATEDthb ~dayof ______________________________ ~_~~~~ ____ • ~ ~~~-/ ~ERE ~. "Y'Vt _. . "-1. flYMt..1 0):1) . ~ If U./ MARCIA L~BRIERE STATE OF WASIIIN(''TON ) ;. ... -_. ss -• (-f ..... • f i' COUNTY OF ) -';T at .-.~ • (1) :_ =--C>1I c.D Onthisdaypenonallyappearcdbeforcmc JAHr.s r. BRIERE & ~IARClA L. 8R1&R&:':-' dII en r:r-:::~~=~~ijisit~heLind~'~~ivid;':;ual_S-licsaibed in Dnd who executed Ihe wilhin andforcgoing illSlnlmmt, lind ~ " tbe same as the ir frceand volunlDry nct and deal for Ihe uses and purposes \herein M 1/~ o i:..:j en COUNTY OF ) SS ) ---"'"'""""""x"'-----. 19..s:L Nq a . ublic in Dnd for Ihe Stale of Washington. n:siding at f/,r .. t r.. .< ( MY COI'lMlSSlON EXPIRES _________ _ p--'-' ···On·thlrcl!y·pcrsonaUYDppcnrcdhcforcmc GERAlD I 8RU:RE C. GAYlE A BRIERE . ..,,\I\,me known to be the individunl_s _described in and who executed the within and fo,"Cgoing instrument. nnd : .... :.-:r .. \C •• ac:~~!=,!Igcd tb~t...!htt..signed tbe same as...tlu:.Lt..frcc and voluntary act and deed for the uses and purposcs therein ! /",-: ... ::,.,f.1'~~I'~~:: .. ; "..1 . ....~/ f.~~:l~.:')-,!.ra tf:tN1UndFr my band and official senlthis ...L.:f-day of )..z, J<.p" . 19..n.... ~ : ~~ ...... ~ (. C\,: !C i 1 ~ ~. Pb ,--' ,r.),: :::: .:'A -:, ~ ... ~:,., '-~"'. --l ~ .. I', <f, ••• ,'1. 4".,· ....... , - t ..... ~ ........ ~'--.': -~. ':' .• "",0 F -: ,.,.:,., ..... ,,</"., ~~;'.~ ~~ .. !. .._~"I"'''''~~\'_'_~.o-. ~ STATE OF WASHINGTON ) ss COUNTY OF ) ~. ublic in and for the SIDte or Washinglon. rC'a' IRS al J/. ,c r-,/ ===f HY COMMISSION EXPIRES __ ;..I_-....:'-1'-• ..::#-=--__ _ CORPORATE ACKNOWLEDGMENT On IhiL--~ay of _____________ • 19 ____ before me. Ihe undcrsillned. personally appeared ________ ~~------------------_and------------------------------ 10 me known to be the and • rcspedi\-cly. of _____________________________________ the corporation lbal executed the foregoing instrument. and acknowledged tbe said iaslrumcnllo be the free and "oluntaryact and deed of said corporation. for Ihe uses and purposes therein menlioned. and an oath staled tbat aUlhorized 10 CltCCUle lhe said instrument and \bat Ihe seal a/[lAaI is lhe corporale seal or said corporation. Wilnes. my band and oflici:tl seal herelo aflixed Ihe cWy and year firsl abo\"C .. Tillen. NOlaI)' Public in and for Ihc Slale of Wasbington. residing at ______________________________ _ ._----------------, N II) "dI o N N l'-o CO OJ PUGET ~OWER e e RERECORDED FOR PAYMENT OF EXISE TAX -r;;;.., t.ed "1" *>{ EASEMENT For and in consideration 01 One Dollar (51.00) Dnd other valuable consideration. the receipt or which is hereby acknowledged, JAMES F. BRIERE and MARCIA L. BRIERE. husband and wI fe. gnd GERALD J. BRIERE and GAYLE A. BRIERE, husband and wife ("Onmor" herein), bcrc.., p;tn15, con",,)'1 and warranb to PUGH SOUND POWER Ir. L1GIIT COMf'.O\NV, a Washington corporalion jOrantcc" hereinl, for Ihe purposes hereinafter sci ronb. D perpclual ~sement over, across Dnd under the foDowing described real property /the "Property" herein) in K I Dr . CounlY, Washilllllon: " t 1:IlY'J( ,r.~:! #'J4!:1:! ~ I(I::'.:V t-/:),'.IIJ I,;I-I~~L .. ..,iO .. :>.:>.l'Lt t·', The East 100 feet of the South 150 feet of the East half ofl1the :1 Southwest quarter of the southeast quarter of the Southeast ~ quarter of Section 10, Township 23 North, Range 5 East, W.H., in King County, Washington, EXCEPT the South 42 feet for r04d •. ' r;:~;;Q . '. \E1012232 . ': . ~ otherwise sci forth herein GnnlCe's rights shall be ClIcrcised apon lhat portion or Ihe Propcny (the "Right·of·Way" herein) described as rollows: . A lrii&~J.JfJW'1111I1I " " 111111 , lklJ. AI Idrl16!rIJl.;J,f;111l111 ; ; ; /Ill II 1JJr4 bHr/r:Mf~fr( tlrllI/rMlr1c rlflJ JJJJ~JJ JJJrlJ/JJlJ.k~tJJJ/. . The South ten (10) feet of the above descr1bed prope~ty. F!LED fOR RECORD AT REQUEST Of: PUCE. FOWF~ RE,l;L [;~TATE [l~PARTMENT rJ'. So;.: 97034 6ELLl::VUt:, WAS":INGTON 98009·9734 A'I'l'ENTION: JAliZT OLSEN ~:E:""··(·5.·~31 ~ECv :: '::ASHSL t .• Q(. ~: .. : .. ~:€-.00' ': ; J I. Purpose, Grantce shaD have the right to construct, op:rntc, mainlain. repair, replace and enlarge one or more electric lransmission and/or distribution lines over and/or uniler the Right-or·Way ,ogetber with all necessary or convenient appunenanccs Ihereto, which may include but are not limited 10 the following: II. OYCrhead r.dUtles. Poles and/or towers with erossarnu, braces, guys and anchors, electric transmission and distribution lines; communicalion and signallincs; ,ransrormers. b. UnderJ:rouod f.dUdes. Undergraund eonduits. cables, vaullS, manboles, swhches and transrormers; semi- buried Dr g,ound mounted faci.hies sw:h as pads, ,ransformers and switches. Following the initial construction of Its facilities. Gruntce may from time 10 time construct SIIch addilionallines and other facilities as il may require. 2. Access. Oranleelhall have the rilht of acccsslolheRight·or.Way ever and aeron the Propen), 10 enable Granlcelo exercise il r'gblS hereunder, provided,lhat Grantccshall CDClpensate Grantor for an)' damage to the P;openycauscd by Ihe ClIercisc of said right of access. 3. Cullinc orTrces. Grantee sbllIl have Ihe right to CDI or Irim any and all brush or trees standing or arowing upon the Right-of.Way, and also the right \0 CUI or lrim any lrees upon Ihe Property whicb. in falling, could, in Granlee's reasonable judgcmcol, be a hazard to Grantee's facilities. 4. Granlor'aUH ofRlcht-oJ.Way, Oranlor rcscrvcs the risbt 10 use the Right-of.Way for any purpose nOl inconsillcnl with thorighlS herein grante.i, provided,lhat GramorshaU not construct or malntain.any buildinlor other Ilruc\Urc on lhe Right-of· Way and Grantor shall do DO blas,ing within 300 recl or Grantee's f.eifitics without Granlcc's prior written consenL S. Indmm1t,., By accepting ond recording Ihis casement, Orantee ogrecs to indemniry and hDId harmless Grantor from any and a:1 claims for injuries ondl or dDmases luffered by any person which may be caused by the GranlCe's exercise oftlle righlS herein p1Intcd; providcd.lhal Grantcc sl:all not be responsible III OrDntor for any injuries andl or damages 10 any person caused by Bcts or omissions or Granto., 6, Abandonmenl. The rilhlS bemn granted shall continue until such time:as OrDntee ccucs \0 usc \be Right-or.Way for a period of live (S) successive ycars. in which t:VCIItlhis casemenl shaD 'erminate and all righlS hereunder lhall reveR 10 Granlor, provided,lhat no abandonment shaD bcdecmd to have occurred by reason or GranlCt''s failure to initially inslaD ils facilities OD tbe Risht-or·Way within Dny period of time from the date hereor. 7U.H .... R-2637 870S924 KJ-ACOOI 23S-4O PARCEL NO. 6 _______ • .. .. ____ • __ ••• ~ ~_"' _____ " • .l 7. SDccessor and Anlgns. The rights and obli8lltions of tbe parties shalf inDre 10 the benefit of and be bindin, upon tbcir respedive successors and assigns. DATED this _?J{ day of 111 ..... "', 7 .19 J?! ~~~ ~IJI l:.-e: ro-< .- J~RE '"~ 1'Y\cu.!:~~o..)rJ:.· ~IP~P) is N MAkelA t:_BRIERE c::-lit v" -. 11\ 'dO -<'::: ; -0 -.. cO N ~~2 ~ STATE OF WASHINGTON I ~ .. 0= 55 0 COUNTY OF I ., ........ oQn this dnY.PcnonalJy appeared before: me JAHES F. BRIERE & ~IARCIA L. BRIERE .• ,.,''1. tK m4) )~n to be tbe individuaJ--!.-deseribed in and who executed tbe within nnd foregoing instrument. and I~~"'~~~iip~~_~hat~igned the same liS the if free and voluntary ad and deal for the uses and purposes therein ~~.·~"_'IIIJ(CiI.~~ .1 "Ji~\\'a·"·I'~.~ ;: ....,. ........ Cc/ t !:: _.'·~\!EN,.\Iriilcr my hand lind offici.11 seallhis "". day of ;11.<","". 19--S.!A. ~ ~ "u r. \.1 'I..: 0;" E ' • • , \'''=.}-'!:'''''' ~ .~~~ .• ~ ~i ~.' ~. ~ "~"J'~····:",,'·····\·l .,.,. . N~'" l'ublieinandfortheSlat~of~!'f~~JI'l~11 ' II) ~"', 0 F ...... ''., ....... ~, :' . --midin-011 ,1" .. / /, &=b . ~ tD ; ",.,.,,, ...... ,,,.,' ~.~ -ft· .. D Cl) . tia;;....··~"·~ .. ··· HY CO~II'IlSSION EXPIRES. ________ _ ~ M L") STATE OF WASHINGTON ) S5 COUNTY OF ) ~., ... ~ .. ~:. •• :!r.Hlo~~nrljl:llhljis~d~alyl~!penlliPoUna:x..lly-saiPigpeanedred before me CERA! D J. BRIERE b GA>'1 E A RRTJ:-IlJ:-tcS\an(~~~IM~1f the individuaUI __ dcscribcd in and who eAeCDted tbe wilhin and foregoins instrument. lind the same as-1.hc.J.J:..rrcc and Yoluntary ad and deed for the uses lind pUIJlOSCS therein _o-6)I\ltEN..!IIj!IiI'/n:IY hand and official scalthis ~ay of ~J"'" 19~ ~,;=1 K ({2f&ho - t'j la~ ubbe In and for Ihe S~ of Washinaton. relidlng "I y. eLk. £. ::II "' (') ,m ,";< .rr. e; :.. .u; to .~ HY COMMISSION EXPIRES_.....:....'_· _ .. /:...·_r~;( __ _ CORPORATE ACKNOWLEDGMENT COUNTY OF On th,il5, __ .. d",ay of _________ , 19_ before me, the undmiancd. personally IIppeared ____________________________ and ______________ ~ ______________ __ to me knowo to be the and • RSpedivcly. of ____________________ the corporation that executed tbe foregoina instrument. lind lIcknowled,ed tbe said instrument to be the free Dnd voluntary act and deed of said corporation. for tbe uses and purposes therein mentioned. and an oath stDled that aUlhorized to execute lhe said ;lI$trumcnt and thai the seal affixed is the corporate _I or said corporation. Witness my hand and official seal hereto afliud the day and year first above written. Notary Public: in and fOrlhe Slate or Washill8\on, residing at ~CI n-< x;:::t ==s-Ov.r" C")""!;= 0,-.... ~;:'::' . =<~·~z ~~ ::::: ~ .... ... .." :: cO CD ::c '" .., !!J .: r: c:: c:: c > ~ __ ..... _ .. .1 , ,; .~ II RIW 2108 136' 137 II. I, UTlVlft)""D DIlAIIlAGE EASEM£1If THIS llIDEIITURE made tills ~!# clay or @nzAE£.. ,19.KL-, between ~~fu!"i«.tfk'of~k~~~J~~!pl~~:::r;!:~!~~ Washington, berelllllf~lf.Il'ed the GIlA • E 111 TlIES5rnt· The said GRANTOft, for and la consIderation of El.qht Thousand:af~hty and no/100 ~llars fiL080.001 -----------------------------------__ nll other valille eons eraUon, recelpt iIliereor-rslierl!loy-1lcltiiOWTTcJqed. do 6v these presents ,rut unto the said GRARTEE, Its successors and assl9ns, a right of wav easement for utlhbes and dcalnage facllltlY o.er, through, across and under the property heretn descrIbed, sItuated In Kin, County. Mashlngton. being .are particularly described IS follows: 87'1\ 3tJ "EC[\ r CR:lFt The Bast 6S feet of the South 200 feet of the following descrIbed parcel of land: The East 1/2 of the Southvest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 10, Township 23 North, Range 5 East, W."., King County, WashIngton; LESS county road. ContaIns an area of 13,000 sq. ft., or 0 298 acres, "/L. King CourftYeai Property DIVlSIOJI Said GRARTEE. its stlccessors and assigns, sha11 have the right at sucb tlllle as II1II, be necessar" to enter upon said property for the purpose of constructIng, reconstructIng • .. Intalalng and repalrlnq saId uLllltles and dratnage factllty SEE ADDENCUM attached hereto and made a part hereof for SPECIAL CDlDITlalS. IN WITNESS IIlIEREOr said GltARTOR has bereunto set his hand and seal tile da, Inol ,elr first above written. A.~~('/.£~ ~I!~ STATE or lfASlIIRCTOH I I ss couny OF lING I On this 7/tipersonlll1 ..,.,eared before lie ~ ~ Clr:~ ~~ . lind GaY~~ .(:e ~G"~ to lie tnown r n., s es~ d All and IfIlD execu r ill foregoiag Instrument, and acltnovledged thlt they signed the sa. as their free and voluntary act and deed. for the uses Ind purposes therein .ntloned. seal this 2(,!i day of l2-!mflt{rL • Igll. H6'XRyJ~he £XCiCE TA,( tlOT R~QUlRED RlE/DEI ~'l""~IlIr.$'OII o.rA-lll!{/4.f/-. Deputy [ ADDENDtm I G~antee. Klng Counly. ag~ees to bUlld a ~etentlon pond as deplcted belov ---.:--y~ flOO' ~---------______ .~fIP . • IIOl'Pe • tJ5 '& I eoJlOf" of I'tt<O Ul 'I. 1'"'-' .... 4310", I .... "I ...... 'Z~. ":I. I ·,_._~~~_o_~ .~_~l ___ ~ .... I reo eaa. eu!!I 484 0 ""''' a.J -- ~E!:S1l::t ,. 14,~EJ~ Ll-J ~TOn!ll"4' """'" 'OAf> J C/) l.fCOl'r·~l~~ ~"I!.w!..~c.. , lo,CCOfl:!> ~Cl1"l-r..m.N of --I..CI('" 4D ~o 304-~ 2. Crantee vlli provlde an outlet st~ucture copable of handlIng the retentlon ~equlre.ents for the road wldenang Crantor. Landovner. may modafy the outlet structure as necessary for the development of has parcel 3. It vlll be the Crantor's responslblilty to regrade has property to enable the draanage to reach the rotentlon pond. 4. Grantee vall "lntaln the ret~ntlon pond a~ long as the vater enterlng the pond 1S from county roadway or res1dentlal sources 5. If the Crantor. or hls successors, develop the property for co_erclal use. the Crantor. or successors. vall assume all legal responslb11Ity for maantenance and repalr of the pond and any InspectIon fees. ,;~t: R/W 2108 '36 i'~~ ~:'.' . '; ". , '. ;"1\-UTILITY ANn ORAINAGE EASEMENT THIS !ijVENTURE made thts betveen WI TNES';ETA: ' The SA I d GRANTOR. f I)r an.1 f neon 51 dera tI on 0 f ......:F:.:o::.u::!:.r.....::H:.::u~n:::d~r::.:e::;d~F!..:::i;!:f~t:.ly:-!a~n:!:d~n~o:!./.:!;!:O:.!O~_ Dcllar5 ($450.0vl-~---------------------------------------------and other vi1uaGle c~nsfaerat'on~ recef~t whereof Is ~re6y acknowledgea:-ao by these presents grant unto the ;alll CRANTEE. Its ;;;llccpuors and ilsslgns. a right of way easelll'!nt for utilities r,nd drainag~ fa.:ility over. through. across and und~r the property herel" .1e~crlbet\. sf t!l~'ed In King County. Washington. being more particularly deser{ne~ as fol1o~s: The South S feF.:-, of ~he following: The East 1/2 ul the Suuthwest 1/4 of the Southeast 1/4 of the S:wtheast 1;4 of 5ecr.ion 10, Township 23 Noeth, Range 5 East, \-I.M., Kin,:! rOllllty, Wd3hington; EXCEPT ~he Suuth 42 feet for road conveyed to King County for South~ast 126th Street by Deeds recor~ed under Recording Nos. 5755eqj and 5755892. C~nt~in~ an ere~ of 1,IS) sq. ft., or 0.026 acres, M/L. R!W 2105 -S.P. 128TH STREET "':E.:-r, F ~'~S11~·L SaId GRAI:TEE. he; ~lIcces:;ors ilnc! assigns, shall have the right at such time as may be nI!Ce;;~3rv, 1:0 enter !!POII :31:1 property for the purpose of constructfng. reconstructfng. maintalr.lng ar.d repa!!"in!l ~al'l ttl WTTNESS WaERE.OF slIf!! iiRAllTOR ffrst ahQve written. ,.-<> ... d {;/;' ~.: ~ :: .---. ,-~. " i ". /1: JI.,.' . '-,;-. ',i\ "-.. :,.A.. ~_.I ... ""'"", '- 55 has hereunto set hIs hand' and seal the day an~ year r2.~-~ e:Le. ;;;>" GRANTOR ~,:r-22p '1-~at~ '--- ".--::-.--.":: _ ~._l· .. ~. ~. \. .. t" 0_. ~, ." .... ~. , .< " 'j'::.\' .,::::~: R/W 2108 137A UTILITY AND DRAINAGE E'SEHENT cf.. THIS IN!lEH'!"URE r.latle this ..2~ day of -D, .. rp4GL •• 9 ~/" • between {r,r:~ F;ht tt~ritof.l$ It'trq (=.-{;t6~\:t ~tffcW1rrffl~(ffl.r11 ~r;!:~~~ Wa!'hlngt!ln. hc'-eln.o:fter c.allelt the GRANTH: IlITtIESSE11I: The :; .. 1:: !iRAIH'lR. tor and In consideration of ~ ~~.4 .... tf~4"4Ik?-v -'CO(~~.J"{;!.,)~ ~-#' -and other ~ valuable con~erat on. recefpt wher~ t5:liIFeKy acknowledged. do by these presents grant g unto the slfd GRAIHEE. its successors and uslgns. a rIght of way easeent for utilities M .,n:"l drain."lo? faci I ity . over. thr,()ugh. across and under the ~ prq)erty he-refn des:rlne1. sf tlJated In KIllg County. Washington. being more partfcularly ~ ~escrlbed as follo~s: ['.. ~ The South 5 r~~t of the West 40 feet of the following described parce l eL la,d. The ~ast ]00 teet of ~hd South 150 feet of the Southwest 1/4 of t~e Southeast 1/4 cf the Southeast 1/4 of Section 10, Township 23 Nortll. R3nge 5 ~asti W.M., King County, Washington: ~ESS Ceunty road. Contains an area vi 200 sq. ft., or 0.0046 acres, MIL. ~;~ 210B -S.E. 128TH STREET >::7 ·11·'30 REC'(:' F (. :'SHSL ~. .~ .00 .. :,.:,. ... :,.;. :)0 1 , Filed For Record At The Request Of S;)~!1 GRANTEE. its sao;ceHors ilnd assigns. shall have the right at such time as may be neCI!SS'lry. tc (·nter '/P:::I 5111.1 property for the purpose of constructing. reconstructing. 1r,~1nt"llll~g 311:1 re,alrlng ~aH utilities and drainage facility. !~ 14iTilESS III1f:RfOF sal.1 liRANTOR ftrst ah~ye written. ./" . " .. , /. ,- , t"', " .. ,.,. ) .. ,. ~ . J .'-C.{ SH.Tt OF W"SHl~r.TDII C!!t'!HY OF KING r' ... :J .I. <'. has hereunto set his hand and seal the day and year ---; . ~/.--. __ -· __ ~4 '-,L/.,, ____ ,,c--~.-.".-c: ~!)n thh '!:~fi~onalll' ttp,eared hefore me Jtftti !fn1fvlfjl G(["1ffi'ta1l and -L-z". ~. "/-'=' ~!Z to Ill!! 1cnowno e ~ n v iiJ1s escr e n and who eAe-c:ur::'r~-.,; •. "j)~onr'jl'iTiigTnstrument. and acknowledged that thr.V signed the same as theIr free an.1 voluntary a.:t anI' deed. for the uses and purposes therein IIII!ntloned • .,., an" ~fflclal seal this 74, ~ ---1fff~~~~~e State of hlngton. residIng at .... "-.,~', -.;~",-, .~-':. ... ' "",.: ::.-, .:'~~ Filed For Record At Request Of ~~b RECORDING RN TO' K C. Property SeJVices DivIsIon 500A Klllg County Admm Bldg 500 Fourth Avenue, Al'M-Cf-O~OC> Seattle, WA 98104 11-11111111111111 20010426000238 ICING COUNTY PR BAS • ee PAGE It, OF .... ZZ4 M/ZIIZH'TY ,:, .. KING COUN , .... 200i0il·600~508 lCiNGooCOUNTY GO lAS e." PiiGi .. ,_OF II. e",e/ZltS ,.~!' KING COUNTY. - ASSIGNMENT OF UTILITY AND DRAINAGE EASEMENT Grantor --King County, Washington Grantee - -City of Renton legal - - - -SE y" of Sec. 10, Twp 23 N., Rge 5 E., W.M. Tax Acct. -102305-9304 The Grantor, KING COUNTY, a poldJeal subdMSlon of the State of Washington, for and In conSIderatIOn of mutual benefits, does hereby assagn unto the Grantee, the CITY OF RENTON, a muniCipal corporation of the State of Washington, all of rts n!#. title and II1terest In. and to, that certain Utility and Drainage Easement, dated October 26, 1987, as recorded under Recording No 8711300920, records of King County, Washington, over and across the foDOWIng descnbed lands, SItuate In King County, Washmgton The South 5 feet of the West 40 feet of the following desaJbed parcel of land The East 100 feet of the South 150 feet of the SW % of the SE % of the SE % of Section 10, Township 23 North, Range 5 East, W.M , King County, WashtngtDn, LESS Courtly Road By the authorized signature below, the CITY OF RENTON accepts the said utility and drainage easement and aU of the tenns and conditions set forth therein 11-/hI's dDC.l,f1Y\W" ~illj re -recortftd .fa CD r'Y~cJ & da.f-t. o( e.ttCu..f-ion. " EXCISE TAX NOT REQUIRED King Co~~rdS Division BY. ~ '(W>-I Deputy ,;pIS ;2001 KlNG~, WAS~O~ . BY I/-/~ NAME'David 1>reug5cha+ mLE Properf!j ServiCtS ~~ DATEJanua~J 5, ~ 0),001 STATE OF WASHINGTON ) )55 COUNTY OF KING ) .;l.OQ1 On thiS ~ day of ~nua~ , ~ before me the undersigned, a Notary PublIC In and for the S of Washington, duly commISSioned and sworn. personaUy appeared David B. Preugschat, to me known to be the KIng County Property Services Division Manager and who executed the foregomg InStrument and acknowledged to me that said person Signed the same pursuant to a delegation of authonty from the King County executive as the free and voluntary act and deed of King County. for the uses and purposes therein menboned WITNESS my hand and offIaal seal hereto affixed the day and year first above wotten STATEOFWASHINGTON ) ) ss COUNTY OF KING ) On thIS :tJ$t day of Dect.rnbgc , 2000, before me the undersIgned, a Notary Public In and for the State of Washington, duly commIssioned and swom, ~rsonally appeared 6rt1§ Zlnu'n.l.rma.ll • to me known to be the PBPlQ ().,.p~. A..lroIO. of the ity of Renton, and who SIgned the foregoing Jnstrumentaceepbng the easement descnbed thereIn, and acknowledged to me that saId person was authonzed to sIgn this InStrument and sIgned the same as the free and voluntary act and deed of the City of Renton, for the uses and purposes therein mentioned WITNESS my hand and offiCIal seal hereto affixed the day and year first above wntten PnJltedName ~h4u..tl(" NOTARY PUBLl In ~d for the State of Washington, residing at ~. My comrmsslOn expIreS· ) S ;< tPt:J g ~ N N CT) 0 0 M .-4 .-4 ~ Clj R/\f 2108 136, 137 IiTlUU" "Ulll nRlllNIlGE EASEHElIT W fIl/ESSE HI: Tht" said GRA!mm. !nr" lI!lrl III conslderHlon of Eight Thousand..!~hty and no/lOa >0 liars (~a., OB!), 0:) i ----------------------------------------------and "oth£r Y!l1u~Ele consf.ll!ratTnn. "rf:c~1i,~7TSherl!by lIcknowll"dged, do by these presents grant unto the said f,RI'IHf.£. I t5 sl)ccessors anrl assigns, "right of way ease~nt for utilities anr:1 draill!'l9'-f;i7ili:.iy I)U(!r, through, across and under the proj)e,"tf "fOr!>in r!cscrll1e"i. sl t!latt~r1 In King County, Washington, beIng more particularly described as fol~ows: I"- "I t <. l! k.. ~ .(;0 <I.It· .. ,.· .. ·.CO 'n,,. E"st G5 (~(!~ (.'{ ~i1e South 200 feet of the following described pat"eel of land' '!'he ~:a31: 1/2 of tile !:ollthwest 1/'1 of the Southeast 1/4 of the So,'tl:east 1/4 of Se.:r:ioll 10, Township 23 North, Range 5 East, W.M., Kinj County, ~ashington; LeSS Cou~ty ro~~. Co~tai~s an ~re~ o~ l3,000 sq. ft., or 0.298 acres, MIL. lV~i 210e -SmJ'f"m:AST 12BTII STREE'r III !ol!T!:<'SS V1!f:~fnt flr~t a~n~e ~r!lten. ha s herelln to sp. this hand and sea 1 the day and year /---2 <-~--~~;< 'f. " ~ ..... ' . .,' .. i IJU LI 8..11 ADDENDUM 1. Grantee, r.ing County, agrees to build a retention pond as d~picted below: s;:A0Ar.::!J'! ~ 14,730fJ:!> ?,o70n~ fDA RoO..O .... p. , .. 1,1cofr CG"'~T~ ~ 1sc;,-AUf:..o;.". 10, CXIOfl3 FoQ. M"QE,. DWOJ. 0 f L.Cj~ 40 ...... 0 ~4.. • h. -- 2. Grantee will p["ov~de an outlet structure capable of· handling N tha retention ~l<qiJire:nents for the road widening. Grantor, e-" r.ando .... ner, may :"Io:H fy the outlet structure as necessary for ~ tha deve]cpm~nt of his parcel. o o 3. It Io·ill be the Grantor's responsibility· to regrade his ~ pro?erty to enable the drainage to reach the retention pond. ~ 4. ::;rantee will maintain the retention pond as long as the JU wate~ ~nterin9 th~ pond is from County road~ay or residential cO·.Jrces. 5. If th~ Grantor, or his successors, develop the property for commercial use, the Grantor, or successors, Jill assume all legal resp~nsibility for maintenance and repair of the pond and a~r insp~ction fees. co en en C) c.~ C J ,,=:, -- Return Addr&s City Clerk's Office City of Renton t 055 South Grady Way Renton, WA 98055 1111111111,,111 ;t.CITV 8:IRfiJTaLAG 28." 141 I2MI 12' U KI COUNTY. 1M LATECOMERS AGREEMENT Property Tax Parcel Numbers See Parcel List pagelt hereof Project File # PRM-27-OO18 Street Inrersed10n NE 4tn Stred Duvall Ave NE to 152nll SE Crantor(s): I Crantee(s): 1 CIty of Renton, a MUDlcipal Corporation I 1 Centex Homes LEGAL DESCRIPTION Portions ofSechons 10, 11,14 and IS, Township 23 North. Range 5 East, W M , m Kmg County Washington, more particularly described on pages 7-10 hereof THIS AGREEMENT made and entered Into tillS date ~ 1, 2#H . by and between the CITY OF RENTON, hereinafter retidt()8; "CITY," and Centex Homes heremafter referred to as "DEVELOPER", WHEREAS, the "DEVELOPER" IS deSIrous of Instalhng certain wastewater systems and appurtenances thereto at, near, or wlthm the herem below described property and to connect same to the "CITY'S" utility or road system(s) so that such Improvements Will constitute an mtegral part thereof, and WHEREAS, no other property owners or users are presently avaJlable to share m the cost and expense of constructIon ofsuch Improvements, and the parties hereto havmg In mmd the prOVISions and tenns of the "MUniCipal Water and Sewer Faclhtles Act" (RCW 3S 91020 et seq) WHEREAS, the "DEVELOPER" IS wllhng to pay all the costs and expenses for the mstallatton of said Improvements, NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS The "DEVELOPER" hereby acknowledges and covenants that he IS the owner of the followmg deSCribed property, to Wit, See Exhibit "A" on pages 7-10 of this document and the '"DEVELOPER" hereby agrees and covenants to cause to have Installed the followmg deSCribed Improvements, to-Wit 1 4648 linear feet of24 mch PVC C900 Sewer Mam 2 116 hnear feet of 12 Inch PVC C900 Sewer MaIO 3 28 linear feet of 10 mch PVC C900 Sewer Mam 4 14 each 60 lOch diameter manholes a:> cr C"l ~ ~ CO? c::- C"4 -I" = ~ .... -, C) C"4 2 LATECOMERS AGREEMENT LAG 99-001 City of Renton, a Municipal Corporation Centex Homes . 5 I each 48 Inch manhole, and all necessary appurtenances. and such installation to be made m full compliance with all apphcable codes and regulations of the "CITY" The "DEVELOPER" further covenants and warrants that all expenses and clauns In connection With the construction and installatIon of the aforesaid Improvements. whether for labor or matenals or both have been or Will be paid In full, all at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any liability In connection therewith The "Developer" further certifies that the total cost of saJd construction as herem above specified IS $1,244.90100 for the above descnbed unprovements See Exhibit "A" attached hereto for the map showmg m outline the land affected by such charges per the terms of thiS agreement, see Ex/ublt "B" attached hereto for the legal desc~puon of the lands affected by thIS latecomer agreement and see Exhibit "C" attached hereto for the Fmal Assessment RoJl ' The total amount of the cost of said unprovement shall be employed to detenmne the pro rata nmnbursement to the "DEVELOPER" by any owner of real estate who dId not contribute to the ongUla' cost of such unprovement, and who subsequently Wishes to tap mto or hookup to or use said facilities. which tap or hookup shall Include connections to laterals or branches connectmg thereto, all subject to the laws and ordmances of the "CITY" and the proVISions of thIS Agreement The method or determlDlDg latecomer payments shall be by zoned rront foot subject to these latecomer charges. The pro rata cost IS S 73.7151 per zoned rront foot, [EXCEPT for connection of eXisting smgle farrllly reSidences which shall not exceed $5.104 to connect WIth any remamder of the fee to be due and payable at the tune of subdiVIsIon or mcreased denSIty ] 3 It IS hereby found and detenmned that the construction and Installation of said afore descnbed Improvement IS m the pubhc mterest 4 The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all nghts, mterest and tItle m and to said Improvements and all appurtenances and accessones thereto, free from any claIm and encumbrance of any party whomsoever. "CITY" agrees to accept and malntam said unprovement as part of Jts present system upon approval thereof by the CIty Engmeer and after inspectIon of said construction The "DEVELOPER" further agrees and covenants to execute and to deliver unto the "CITY" any and all documents Includmg QUit Claim Deeds and Bills of Sale that may reasonably be necessary to fully Vest title In the "CITY" and to effectuate thiS conveyance and tranSfer The· "DEVELOPER" further agrees and covenants to pay unto the "CITY" such servIce charges or other charges as may be Imposed by the "CITY" for use of the Improvements for which thiS agreement IS granted 5 The "CITY" reserves the TIght, Without affectmg the vahdlty or terms of thiS Agreement, to make or cause to be made extensions to or additions of the above Improvement and to allow service connectIOns to be made to said extensIons or additIOns, WIthout lIablhty on the part ofthe "CITY" 6 No person, finn. or corporation shall be granted a permit to use or be authonzed to tap mto the faclhty dunng the penod of 15 (fifteen) years from date hereof, Without first paymg unto the "CITY", In additIon to any and all other costs, fees, and charges made or assessed, for each tap, or for the mam faclhtles constructed In connection thereWIth, the amount requIred by the prOVISions of thIS contract except such charges shall not apply to any extensIon of the mam facility See Item 10 Furthennore, m case any tap, H \DIVISION c,\PROPSERV\P&'I'\A!.!.M I !.\Cenlc'(LA I [('OMR DOC\bh Pagc:2 .: LATECOMERS AGREEMENT LAG 99-001 7 8 City of Renton, a MUDlclpal CorporatIOn Centex Homes hookup, or connection IS made mto any such contracted facIlity Without such payment having been first made, the legIslatIve body of the "CITY" may cause to have removed such unauthonzed tap, hookup. or connection, and all connections or related accessones located In the faCIlity or flght-of-way, and dispose of such unauthorIZed matenal so removed, Without any babillty on the part of the "CITY" whatever It IS further agreed, and covenanted that upon expiration of the tenns of thiS Agreement, to Wit 15 «(ifteen) years from date hereof, plus any extension thereof If granted by City Council, "CITY" shall be under no further obhgatlon to collect or make any further sums unto the "DEVELOPER" The deCISion of the AdrDlnlstrator of Pubhc Works or the AdmInistrator's authon~ representative m detennlnmg or computing the amount due from any benefited owner Who Wishes to hookup to such Improvement shall be final and conclUSive In all respects It IS further agreed and understood that the afore described Improvements to be underUken and paid for by "DEVELOPER" have been or are about to be connected With the utilities systems of the "CITY". and upon such connectIOn and acceptance by the "CITY" through Its legISlative body, said extensIon andfor Improvement shall be and become a part of the mUniCipal utilities Thts Agreement shall be placed for record with the Kmg County Auditor's Office Within thirty (30) days of fmal executIon of the agreement 9 Transfer of title to all of the Improvements under the latecomer's agreement to the "CITY" IS a pnor condnlon to the City collectmg any latecomer's fee The "DEVELOPER" Will also asSign to the "CITY" the benefit and fight to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee that the "CIlY" has received The "DEVELOPER" shall be responSible for keepmg the "CITY" mfonned of Its correct mailing address Should the "CITY" be unable to locate the "DEVELOPER" m order to dehver a latecomer's fee, the "CITY" shall undertake an Independent mvestlgatlon to determme the location of the "DEVELOPER" Should the "CITY," after a good faIth attempt to locate the "DEVELOPER" be unable to do so, the latecomer's fee shall be placed In the SpeCIal DePOSIt Fund held by the "CITY" for two years At any time wlthm the two year penod the "DEVELOPER" may receive the latecomer's fee, Without mterest, by applymg to the "CITY" for that latecomer's fee After the expiration of the two-year penod, all nghts of the "DEVELOPER" to that fee shaH expire, and the "CITY" shall be deemed to be the owner of those funds 10 When the "CITY" has received the funds for a latecomer's fee, It WIll forward that fee, less 15% for a processmg fee, to the "DEVELOPER" Within thirty (30) days of receipt of the funds Funds received by negotiable mstrument, such as a check, wall be deemed received ten (10) days after delivery to the "CITY" Should the "CITY" fall to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOPER" mterest on those momes at the rate of Interest speCified m City Code SectIon 3-241 (8) However, should the "DEVELOPER" not keep the "CITY" mfonned of Its current correct malhng address, or should the "DEVELOPER" otherwIse be neglJgent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no mterest shall accrue on late payment of the latecomer's fee 1\ \DIVI!oION !.\PROP!.1 RV\P&P\AS~M I ~\CcntcxLA TECOMR OOC\bh • LATECOMERS AGREEMENT LAG 99-001 City of Renton, a Municipal Corporation Centex Homes . 11 By Instttutlng the latecomer's agreement the "CITY" does not agree to assume any responslblltty to enforce the latecomer's agreement The assessment roll will be a matter of pubbc record and will serve as a notice 10 the owners of the potenllal assessment should connection to the Improvements be made The "DEVELOPER" has responslblhty to momtor those parties connectIng to the Improvement Should the "CITY" become aware of such a connection, It will use Its best efforts to collect the latecomer's fee, but shall not Incur any hablhty should It madvertently fall to collect the latecomer's fee CITY OF RENTON ~ ....,I ~petersen CORPORATE FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) Seal must be Within box On thIS day, before me personally appeared Jesse Tanner and Manlyn J ~-.. .. ~ ,..~--. Petersen to me known to be MaYor and City Clerk of the mUnicipal ~ -/ .,.'" .. -corporation that executed the Wltlun mstrum«?nt, and acknowledged saJd . . r -. lDstrument to be the free and voluntary ~ct and deed of said munIcipal -. ;. ... . corporation, for the uses and purposes therem mentioned, and on oath stated '" . that he/she was authonzed to execute said lDStrument and that the seal affixed IS the corporate seal of said mUDlclpal corporation ,/ . , ~ I\J,.u"m ~ Notary Pubhc lD and for the State ?f Washmgton Notary (Prmt) M I l.-VJ-ll t tv eM nl. «. 11 VI My apPoTtnrnt expires qllql~1 Dated J-f 1 ?trtrv H \DIVISION ~\PROP~ERV\P&P\A':o~M r~\CCllICl<LA 1 E:('OMR DOC\bh LATECOMERS AGREEMENT LAG 99-001 City of Renton, a Municipal Corporation Centex Homes DEVELOPER Its REPRESENTATIVE FORM OF STATE OF WASHINGTON) SS I-A_C_'KN_O_WL-..:'£D,.JIo.loG..1MSJ£~NT>bc:--:-__ ~ COUNTY OF KING ) I---,;~""~="""=-_~.--"';""'-I I certitY that I know or have satISfactory eVidence that . ~rtdh N. trfll¥,.. .. . Signed thIS IIlstrument. on oath staled that (Pshelthey @.wcre authoi1icd to execute the Instrument and ac:lcnowledged It as the bVlS\Or\ 1WS\dm,+d __ ~:--__ _ of CaA-\.t.x Hom.LS to be the free and voluntary act of such 1-4.,..J.",...::...,,..... .... ~~~~---l~artles for the uses and purposes menttoned III the Instrument <r- II \DIVI~ION ~\PRO~ER V\P&P\M~M r~\(..l.nlCxLA TECOMR DOC\bh Page S ~ ==J_~ .1 I en I-- ~ · I---• en · I I L..J I J 3S alLV I : I l! -i ] ! i I i I I I t-II • i I--1 11 , I I-- I---i i ~ ~I i I I - I EXHIBITB Centex Latecomer Legal Description I hose portIons of ~ectJons 10, II, 14, and IS, all 111 TownshIp 23 North, Range 5 East, W M • m King County. Washington described as follows BEGINN ING at the south quarter corner of said SectIon 10, saId south quarter comer bemg a pomt wlthm the Rlght-of-Way of SE 1 28th Street. Thence westerly along the south Ime of saId Section 10, to an mtersectlon WIth the southerly extensIOn of the easterly Right-of-Way margm of Duvall Avenue NE and the True Pomt of BegJOmng, c:c Thence northerly along ')ald southerly extension and easterly RIght-of-Way Ime. to an mtersectlon wIth ~ CT' the n'?rtl~ Ime of the southeast quarter of the southeast quarter of the southwest quarter of saId SectIon 10, e::;) . -, 'Thence easterly along saId north hne to an intersectIOn wIth the east hne of the southwest quarter of saId c..-Section \ 0" ;;:~ Thence contlnu II1g easterly along the north hne of the west hal f of the southwest quarter of the southwe!.t quarter of the southeast quarter of saId SectIon 10 to the northeast corner of saId SUbdIvISIon, c> L~ ~ Thence southerly along the east hne of saId subdivIsIon to an mtersectlon wIth a hne 210 feet south of and parallel with the north Ime of the southwest quarter of the southwest quarter of the southeast quarter of said SectIOn I 0 Thence easterly along saId parallel hne and Its easterly extensIon crossmg 142nd Avenue SE to an mtersect\on WIth the easterly right of way margm of said 1 42nd Avenue SE, Thence northerly along saId easterly right of way margm to an intersection WIth the north hne of southeast quarter of the wuthwest quarter of the southeast quarter of saId Section 10, Thence easterly along saId north hne to the northeast corner of saId SUbdIVISIon. Thence contmumg easterly along the north hne of the southwest quarter of the southeast quarter of the !.oulheast quarter of ..aId SectIon 10 to the 110rtheastcorn~r of saId subdIViSIOn, Thence contmumg easterly along the north hne of the southeast quarter of the southeast quarter of the .,olltheast quartci 01 !>31d '5ectlOn 10 to an IIltersectlon With 3 line parallel With an" 150 feet westelly of the east IlIle ot ."lId ~ubdIVIMOIl. Thence ,>outherly along '>ald pardllellme to an mtef')ectlon WIth a line parallel WIth and 210 teet northelly ot the c;outh Ime of Sdld ~ectton 10, I hence ea!.telly dlong ."ud paldllel111le and Its eao;terly exten!.lon clossmg 148th Avenue SE. entelmg ~,lId ()ectlon II. to dn mtel !.ectton With the easterly nght of Wdy m,argm of saId 148th Avenue SE, ll..l1ll.l( LcIIl.l.Omcr Leg,,1 I)c,c..npllon pdgl. 2 Thence nOltherly along said easterly right of way maJgm of said I 48th Avenue SESo an intersectIon with the north I me of the southwest quarter of the southwest quarter of the southwest quarter of the southwest quarter of said Section I I. Thence easterly along said north hne to the northeast corner of said SUbdivIsion, 111ence southerly along the east hne of said subdivIsion to an intersection with a hne 7 5 feet southerly ot and parallel With the north Ime of the southeast quarter of the southwec;t quarter of the southwe'>t qu,lJ tel ot the southwest quarter of said Section II, TIlence easterly along said parallellme to an intersection with the east hne of said subdiVISIOn, Thence northerly along the west hne ofthe east halfofthe southwest quarter of the southwest quarter of said Section I I to the northwest corner thereof, Thence contmumg northerly along the west hne of the southeast quarter of the northwest quarter of the southwest quarter of said SectIOn II, and ItS northerly extensIOn to an intersection With a hne I 5 feet northerly of and parallel With the north Ime of said subdiVIsion, Thence easterly along saId para\lellme to an mtersectlon With the north-south centerhne of the southwest quarter of said SectIon 11, Thence southerly along said north-south centerlme to an mtersectJOn With the south hne of said Section II. bemg a POint wlthm the rIght of way of SE I 28th Street, Thence contlnumg southerly along the north-south centerline of the northwest quartet of said Section 14 to an intersectIOn With the south hne of the northwest quarter of the northwest quarter of s~lId SectIOn 14 Thence westerly along said south line to southwest corner of said subdiVIsIon and an intersection WIth the easterly right of way margm of I 48th Avenue SE, Thence northerly along said easterly TIght of way margm to an mtersectlon WIth the easterly extensIOn of the south hne of Tract 4, Black Loam FIve Acre Tracts accordmg to the plat thereof recorded In Volume 12 of Plats. page 101, records of KlIlg County Washmgton, Thence westerly dlong said eastel Iy extensIon and c;outh Ime to .Ill mtersectlon With the easterly light nl way margm ot I 46th Avenue SE Thence nOltherly "long '>ald eruoteJly mmglll to .Ill IIltersectlon With the eal-Ielly exlenl-Ion ot tht' '>lIlIlh Ime of the northeast quarter of the ea .. t hdlf of Tract 2, of said plat, Thellce westerly along said extension and south hne to the southwel>t COl ner of said SUbdiVISion, 1 hence 1l00thelly dlung the west Ime 01 ~ald l>ubdIVISIOI1 to .In Intersectloll With .I hne p.tlallel With ,1Ild 142 teet southerly of the north hne of said Tlact 2, . co en c.n c,:) --, t • ,. ) c> l ~n'" I .,,~,"ml.l I .. I!.II I X,Ulplinn I"'g' l Thence westelly along said parallel hne a distance of 75 feet to an mtersectlon with the east Ime of the west half of the west half of the east half of said Tlact 2. Thence southerly along solid east Ime to an III tel section with the south hne of the north 150 feet of said subdivISion. 1 hence we"tell~ dlong Sdld south Ime to an mtersectlon with the east Ime of the west half of said Tract 2. rhence southerly to the southeast corner of said west half, Thence westerly along the south Ime of !.ald west half to an mtersectlon with the easterly right-of-way malgm of I 44th Avenue SE. Thence contmumg westerly to the westerly nght-of-way margm of Said 144th Ave SE at Its '"Uersectlon wIth the south Ime of the north half of the northeast quarter of the northwest quarter of the nonheast quarter of said Section 15, Thence westerly along !.ald south hne, to the southwest corner of said SUbdivIsion, said southwest comer also bemg the southeast corner of the north half of the northwest quarter ofthe northwest quarter of the nOitheast quartel of said Section IS, Thence contlnumg westerly along the south hne of said north half ofthe northwest quarter of the nOi thwest quarter of the northeast quartel of said SectIOn 15 to the southwest corner thereof. Thence contlnumg westerly along the south hne of the north half of the northeast quarter. of the northeast quartel of the northwest quarter of said Section 1 S to an mtersectlOn With a Ime parallel With and 230 feet west of the east hne of said SUbdiVISion. Thence nOI thedy along !.ald parallel I me to an mtersectlon With a hne parallel With and 190 feet south of the north Ime of said Section 15. Thence westelly along said parallel hne to an mtelsectlon With a hne parallel With and 330 feet west of the east Ime of the northwest quarter of said Sectton IS. Thence southerly along said parallel Ime to an mtersectlon With the south hne of the north half of the 1101 thea .. t quartel of the northeast quartel 01 the Ilorthwe<;t quarter of said Section IS. Thent.c westerly d/Ol1g <;ald south line to an mter<;ectlOI1 With a lroe parallel WIth and 110 feet eastelly of thc wc,,! Imc 01 .. md "Ubdlvl"lon. . rhcllcc northealy •• Iong "aid p.uallelllllc to an mter;ectlon With a hne parallcl With and 90 feet nOlth of the \\lulh Imc III .. ,lid \ubdIV'''IOIl ~I · '._-- l LnlL' I .IILLIIIIlLI 1 Ll1-d1 \)L-"Lnpllon Il.I!,!.L" lllCnCe edslerly dlong saId palallel hne to an IIltersectlOn with a Ime parallel with apd 150 feet ea~terly oJ the west Ime of said subdivIsion, TIlcnce northelly along Sdld palallellme to dn II1tersect,on wIth the south Ime ofsa,d SectIon JO, Thence westerly along saId south Ime to the True Pomt of Begmnmg Centex Latecomer Parcel List Developer's Property: Wmdwood 112305-9011 I 12305-9029 Parcel #1: 102305-9032, Parcel #21: 152305-9040 102305-9351, Parcel #22: 152305-9132 102305-9425 ParcellA: 102305-9047 Parcel #23: 152305-9061 co Parcel #2: Wtndsong en Parcel #24: 152305-9045 en 102305-9024, c....::> .0' 102305-9027, Parcel #25: 152305-9019 -102305-9274, r. Parcel #26: 152305-9047 ~ J 769560-0010 Parcel #3: 102305-9035 Parcel #27: 152305-9148 . -, ~, Parcel #4' 1 02305-9167 Parcel #28: 152305-9033 • ....J c-, Parcel #5: 102305-9142 Parcel #29: . 084710-0015 r-..! Parcel #6: 102305-9103 Parcel #30: 084710-0015 Parcel #7: 102305-9041 Parcel #31: 084710-0014 Parcel #8: 102305-9040 Parcel #32: 084710-0024 Parcel #9: 102305-9304 Parcel #33: 084 71 0-00) 9 Parcel #10: 102305-9039 Parcel #34: 084710-0022 Parcel #11: 102305-9016 Parcel #35: 084710-0020 Parcel #12: 102305-9206 Parcel #36: 084710-0005 Parcel #13: 112305-901 5 Parcel #37: 084710-0006 Parcel #14: 112305-9018 Parcel #38: 142305-9016 Parcel #15: 112305-9020 Parcel #39: 142305-9021 Parcel #16: 112305-9030 Parcel #40: 142305-9020 Parcel #17: 152305-9145 Parcel #41: Maplewood Parcel #18' 1 52305-9112 142305-9004, 142305-9017 Parcel #19: 152305-9002 Parcel #20: 152305-9096 Type EXHIBIT "C" CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Wastewater Utlhty Improvements Total Cost $1,244,901 00 Assessment DiStrict 27-0018 Total ZFF Cost Collection LlDe $1,244,901 00 16.888 $737151 Total ZFF (feet) Cost per ZFF Property Name! Address of Owner ZFF Assm't a::> Identification en L-~====~~~~----------------------~------~ ____________ ~ CT'l ~ C--, LJ CJ Parcel # 1 c::> ':':> KC Tax Act # "oJ r-.;, Legal DescnptJon Parcel # lA KC Tax Act # Legal Descnptlon WASHINGTON RESTAURANT PROPERTIES PO BOX 21926 3926 Seattle, WA 981] I 102305-9032, 102305-935 I, 102305-9425 793 S 58,456 07 Parcel A LOT 1 OF CITY OF RENTON SHORT PLAT NO LU~ 9U82 SHPL RECORDING NO 9809149003 Parcel B PARCEL 2 OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO LUA 98-007 LLA RECORDING NO 9803099022 Parcel C PARCEL 3 OF CITY OF RENTON LOT UNE ADJUSTMENT NO LUA 98-007 LLA RECORDING NO 9803099002 NORWEST PACIFIC ASSOCIATES 702 Honeysuckle Dnve Mt Vernon, WA 98273 102305-9047 290 S21,3n 41 PARCEL 1 OF CITY OF RENTON BOUNDARY UNE ADJUSTMENT NO LUA 98-007 LLA RECORDING NO 9803099022 c:c en r:-l ~ ;-, Co ~ -.-c, -:-0> c.:> .-:.> C'-I Property Identlficatlon Parcel 112 KC Tax Act II Legal DescriptIon Parcel II 3 KC Tax Act II Legal Descnptlon Parcel 114 KC Tax Act II Legal Descnptlon Parcel 115 KC Tax Act II Legal Descnptlon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Name/Address of Owner ZFF Assessment Wmdsong Centex Homes 2320 130th Avenue NE, Suite 11200 Bellevue W A 98005 102305-9024, 102305-9027, 102305-9274, 769560-0010 1,639 $ 120,81909 Parcef A E 112 OF SW 1I4 OF SW 114 OF SE 114 LESS N 210 Ff LESS S 220 Ff LESS CO RD Parcel B W 112 OF SE 114 OF SW 1I4 OF SE 114 LESS N 252 FT LESS CO RDS Parcel C N 252 FT OF W 112 OF SE 1/4 OF SW 1/4 OF SE 114 LESS CO RD Parcel D SERENE SLOPE ADD ENTIRE VAC PLAT INtI. VAC 140TH PL SE JOHN MCTIGHE + ET AL 24929 267TH SE RAVENSDALE WA 98051 102305-9035 520 $38,331 86 E 112 OF SE 114 OF SW 1/4 OF SE 1/4 LESS E 90 FT OF W 120 FT OF S 160 Ff LESS CO RD JOHN R MCTIGHE +ETAL 24929 267TH SE RAVENSDALE WA 98051 102305-9167 89 $6,560 65 E 90 FT OF W 120 FT OF S 160 FT ., ·OF E 112 OF SE 1/4 OF SW 1/4 OF ., ·SE 114 LESS CORD DEBORAH PHELPS BYERSDORFER GREGORY A BYERSDORFER 22651 SE 56TH ST ISSAQUAH WA 98029 1023OS-9142 217 $15,99618 LOT 2 OF KC SHORT PLAT NO 877012 RECORDING NO 7712010905 c:c cr- CT' c::;, ~-~ , . . , C'J .:-:J c) l ;:. r:: c-..., Propeny IdentIficatJon Parcel N 6 KCTax ActN Legal DescnptJon Parcel # 7 KC Tax ActN Legal Descnptlon Parcel N 8 KC Tax Act fI Legal Descnptu)n Parcel N 9 KC Tax Act fI Legal DescnptJon Parcel # 10 KC Tax Act fI Legal Descnptlon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Namel Address of Owner ZFF Assessment DEBORAH PHELPS BYERSDORFER GREGORY A BYERSDORFER 22651 SE 56TI1 ST ISSAQUAH WA 98029 102305-9103 106 $7,81380 LOT 1 OF KC SHORT PLAT NO 877012 RECORDING NO 7712010905 BENNIE 1 + BARBARA 1 REID 14412 SE 128TI1 ST RENTON WA 98056 I023OS-9041 280 $20,640 23 E 112 OF W 112 OF SW 1/4 OF SE 114 OF SE 114 lESS CO RD LESS W 12 FT TIlOF BALESLP 30640 PacIfic IIwy S, NO Federal Way, WA 98003 102305-9040 S08 $37,44728 E 112 OF SW 1/4 OF SE 114 OF SE 1/4 LESS E 100 Ff OF S 150 FT LESS CO RD BALESLP 30640 PacIfIC Hwy S, NO Federal Way, WA 98003 102305-9304 96 $7,07665 E 100 FT OF S 150 FT OF SW 114 OF SE 114 OF SE 114 LESS CO RD RlBERA-BALKO ENTERPRISES 16400 Soutbcenter Parkway, #308 Seattle, WA 98188-3302 10230S-9039 603 $44,45022 W 112 OF SE 1/4 OF SE 114 OF SE 1/4 LESS CO RD ESMT P S P & L CO TRANS LN Property Identification Parcel# 11 KC Tax Act # Legal Descnptlon Parcel # 12 KC Tax Act # Legal Descnptlon Parcel # 13 KC Tax Act # Legal DeSCriptIon Parcel # 14 KC Tax Act II Legal Descnptlon Parcel II 15 KC Tax Act # Legal Descnptlon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Name/Address of Owner ZFF Assessment RIBERA-BALKO ENTERPRISES 16400 Soutbcenter Parkway. 1308 Seanle, WA 98188-3302 102305-9016 SE 114 LESS E ISO FT LESS CO RD AI Ben McEvoy Sally gall McEvoy 18321 SE 147$ Place RENTON WA 98059 102305-9206 329 $24,25228 129 $9,509 2S E ISO 01 FT MEAS ALG S LN OF S 210 Ff OF SE 114 OF SE 1/4 LESS CO RDS RIBERA-BALKO ENTERPRISES 16400 Soutbcenler Parkway. 1308 Seattle. WA 98188-3302 112305-9015 381 $28,085 46 SW 114 OF SW 114 OF SW 114 OF SW 114 LESS CO RDS LESS C/M RGTS ESMT P S P &: L CO TRANS LN CECIL K MULUNS 18631120TIf AVESE RENTON WA 98058 112305-9018 207 $15,25903 W 112 OF SE 1/4 OF SW 114 OF SW 114 OF SW 1/4 LESS N 75FT LESS CIM RGTS LESS CO RD ESMT P S P & L CO TRANS LN CECIL K MULLINS 18631 120m AVE SE RENTON WA 98058 112305-9020 207 S15,25903 E 112 OF SE 1/4 OF SW 1/4 OF SW 1/4 OF SW 1/4 LESS N 7 S FT LESS CO RD LESS CIM RGTS ESMT PSP & L CO TRANS LN . c::o C') c:n '= c. , . r·, L" ~ <.':> ("-. -, r-.. Property IdentIficatIOn Parcel # 16 KC Tax Act II Legal Descnptlon Parcel II 17 KC Tax Act II Legal Descnpnon Parcel II 18 KC Tax Act II Legal DescriptIOn Parcel # 19 KC Tax Act II Legal DescnptlOn FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Name/ Address of Owner ZFF Assessment CHARLES LACKEY POBOX 2198 RENTON WA 98056 112305-9030 170 $12.53157 S 378 8 FT OF W 125 FT OF E 112 OF SW 114 OF SW 114 LESS CO RD SUBJ TO ESMT TRANS LN RJW LESS C/M RGTS Mr Vangaard-Renton u.c 14100 SE 36111 Su=.1200 Bellevue W A 98006 IS2305-9145 220 S16.21733 N 112 OF HE 1/4 OF NE 1/4 OF NW 1/4 LESS E 330 FT LESS W 150 FT LY N OF I.N 90 FT N OF S LN SD N 112 LESS W 110 FT OF S 90 FT LESS to RD LESS CIM RGTS JAMES D & PAULA MONTGOMERY 2807 BURNETT A VF. N RENTON WA 98056 IS2305-9112 105 $7.74009 W 100 FT OF E 330 fT OF N 190 fT OF NW 114 LESS CO RD It LESS CIM RGTS ROBERT It PAMELLA MINKLER SLUMMIKEY BELLEVUE WA 98006 IS2305-9002 294 $21.672 2S E 230 FT OF N 112 OF HE 1/4 OF HE 114 OF NW 1/4 LESS CO RD LESS elM RGTS ~ ~ en c:=l ~ t.' c: ) C"oI ....,~ .~ c-, L:J r~ r-.I Property Identification Parcel # 20 KC Tax Act # Legal Descnptlon Parcel # 21 KC Tax Act # Legal Descnptlon Parcel' 22 KC Tax Act' Legal Descnptlon FiNAL CITY OF RENTON ANAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODl Namel Address of Owner ZFF Assessment WEST COAST INVESTMENTS INC SIDRLEY HUNG and CLAUDIA HUNG (TRUST) 14009 SE 128111 Street Renton. WA 98059 15230~9096 229 S16,880 76 NW 114 OF NW 1/4 OF NW 114 OF NE 114 LESS E ISO FT LESS CO RD LESS C/M RGTS W 3OFTFORlID WEST COAST INVESTMENTS INC SHIRLEY HUNG and CLAUDIA HUNG (TRUST) 14009 SE 128'" Street Renton, WA 98059 15230~9040 38 S2.801 17 POR SE 114 OF NW 1/4 OF NE 114 BEG NW COR SD SUB TIl S 88-22·52 E ALG NL Y LN 30 FT TH S 00-2840 W 200 FT TIl ELY PLW NL Y LN 300 7 FT TO TPOB TIl CONTG E 300 7 FT TO PT 30 FT W OF ELY LN TIl S 00-25-28 W 226 91 FT TIl N 88-24-50 W PLW SLY LN 300 8 FT TIl NLY 227 09 FT TO TPOB LESS CIM RGTS &. LESS N 117 FT OF S 187 FT OF E 250 FT TIlOF WEST COAST INVESTMENTS INC SHIRLEY HUNG and CLAUDIA HUNG (TRUSl) 14009 SE 12&0 Street Renton, WA 98059 152305-9132 169 S12,45786 W 24 FT OF NE 114 OF NW 1/4 OF NW 114 OF NE 114 & E 131 FT OF NW 114 OF NW 1/4 OF NW 114 OF NE 1/4 LESS CO RD <.x.> r.n co c:>. -, ~ .. . :-. ~ --.:> c-=l r-.I Property Idenuficauon Parcel # 23 KC Tax Ac( # Legal Descnptlon Parcel # 24 KC Tax Ac( # Legal DescnptJon Parcel # 25 KC Tax Act # Legal Descnptlon Parcel # 26 KC Tax Act # Legal Descnptlon Parcel # 27 KC Tax Act # Legal Descnptlon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD) Namel Address of Owner ZFF Assessment DANIEL F MEDDAUGH 14013 SE 128TI1 ST RENTON W A 98059 152305-9061 210 $15,480 18 W 112 OF NE 114 OF NW 114 OF NW 1/4 OF NE 1/4 LESS W 24 FT LESS CO RD PATRICIA A BANASKY 463 Ferndale Avenue NE RENTON WA 98056 152305-9045 114 $12,82643 E 112 OF NE 114 OF NW )/4 OF NW 114 OF NE 114 LESS CO RDS LESS CIM RGTS HOWARD V BANASKY 1401 N 26TH ST RENTON WA 98056 152305-9019 352 $25,94112 W 2TI 5 FT OF N 112 OF NE 1/4 OF NW 1/4 OF NE 114 LESS CO RD RIBERA-BALKO ENTERPRISES 16400 Soutbcenter Parkway, #308 Seattle, WA 98188-3302 152305-9047 317 $23,36169 N 112 OF NE 114 OF NW 114 OF NE 1/4 LESS W 2n 5 FT LESS E 135 FT LESS CO RD LESS CIM RGTS ROBERT E LEVY 8103RDAVE #414 CENTRAL BLDG SEATTLE WA 98104 152305-9148 38 $2,801 11 W 30 fT OF E 135 FT OF N III OF NE 1/4 OF NW 114 OF NE 1/4 LESS CO RD r , Property Identlficatlon Parcel N 28 KC Tax ActN Legal Descnptlon Parcel N 29 KC Tax ActN Legal DescrIptIOn Parcel N 30 KCTax ActN Legal DeSCrIption Parcel # 31 KC Tax ActN Legal DescnptlOn Parcel # 32 KC Tax Act # Legal DeSCrIption FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Namel Address of Owner ZFF Assessment ROBERT E LEVY 810 3RD AVE #414 CENTRAL BLDG SEAlTLE WA 98104 152305-9033 109 $8.034 95 E lOS Fr OF N 112 OF NE 1/4 OF NW 1/4 OF NE 114 LESS co RDS CLEO J FORGAARD 678 SUNSET BLVD NE RENTON W A 98056 084710-0015 185 $13.63730 Tract 2. BLACK LOAM AVE-ACRE TRS W ]12 LESS E 158 Fr LESS CO RD CLEO J FORGAARD 678 SUNSET BLVD NE RENTON WA 98056 084710-0016 128 $9,43554 Tract 2. BLACK LOAM FIVE-ACRE TRS W 98 FT OF E 158 FT OF W 112 LESS CO RD CLEO J FORGAARD 678 SUNSET BLVD NE RENTON W A 98056 084710-00]4 78 55,74978 Tract 2, BLACK LOAM AVE-ACRE TRS E 60 FT OF W 112 LESS CO RD C ROBERT THORNTON 6824 19'" St W Umverslty Place WA 98466-5528 084710-0024 77 $5.67606 Tract 2. BLACK LOAM FIVE-ACRE TRS N 150 FT OF W 1/2 OF W 112 OF E ]12 LESS CO RD co en en ..:::> --, '_J C:... c, Property IdentIficatIOn Parcel # 33 KC Tax Act # Legal Descnptlon Parcel # 34 KCTax Act # Legal Descnptlon Parcel # 35 KC Tax Act # Legal Descnptlon Parcel # 36 KC Tax Act # Legal DeSCriptIon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Namel Address of Owner ZFF Assessment BALESLP 30640 Pacific Hwy S, NO Federal Way, WA 98003 084710-0019 76 $5,602 35 Tract 2 BLACK LOAM FIVE-ACRE TRS N 130 Ff OF E 75 FT OF FOLG W 112 OF E 112 LESS N 12 FT FOR. RD QUANG T DO + PHUNG Ie CHUNG 14419 SE 128TH ST RENTON WA 98059 08471 ()..()()22 86 $6,33950 Tract 2, BLACK LOAM FIVE-ACRE TRS NE 1/4 OF E Ii! LESS E 68 FT LESS CO RD QUANG T DO + PHUNG Ie CHUNG 14419 SE 128TII ST RENTONWA 98059 084710-0020 70 $5,160 06 Tract 2, BLACK LOAM FIVE-ACRE TRS E 68 Ff of NE 1/4 OF E 112 LESS CO RD RlBERA-BALKO ENTERPRISES 16400 SouIhceDlCr Parkway, #308 Seattle, WA 98188-3302 08471~5 084710-0010 968 $71,35624 That PonlOD of Tracts 1 & 4, BLACK LOAM FIVE-ACRE TRS W 112 OF 1 LESS W 120 Ff OF E ISO FT OF N 160 FT &. W 112 OF 4 LESS CO RD,ALSO, E 'h LESS that ponlon dedJC31ed as streets co C"l en c:::I '::-.l L J ( , C"--I ---= .::., ~ C-~ C'oI Property IdentificatIon Parcel # 37 KC Tax Act # Legal Descnptlon Parcel # 38 KC Tax Act # Legal Descnptlon Parcel # 39 KC Tax Act # Legal Descnpuon Parcel # 40 KC Tax Act # Legal Descnptlon Parcel # 41 KC Tax Act # Legal DescnptJon FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Namel Address of Owner ZFF Assessment Iudy Patnck 3604 NE 8,b Street Renton W A 98056 08471 ()..00()6 126 $9.288 11 Tract 1. BLACK LOAM FIVE-ACRE TRS W 120 FT OF E ISO FT OF N 160 FT OF W 112 LESS CORD BaIJmder & RashpaJ Bunar 671 Bremenon Avenue NE Renton. WA 98059 142305·9016 599 $44.15536 N SOO Fr OF W 112 OF NW 1/4 OF NW 114 LESS E 225 J:T LESS W 30 FT LESS CO RD RIBERA·BALKO ENTERPRISES 16400 Southcenter Parkway. 1308 Seattle. WA 98188-3302 142305-9021 511 $37.668 43 Ens Ff OF N 96& Fr OF W 112 OF NW 1/4 OF NW 114 LESS CO RD Daniel S Iohnson lS051 SE 128111 Street RENTON WA 98059 142305·9020 599 E 112 OF HE 1/4 OF NW 114 OF NW 1/4 LESS CO RD Maplewood FINER HOMES INC 1215 I20TH AVE NE #201 BELLEVUE WA 98005 142305-9004, 142305-9017 2.093 $44,15536 $1S4.28S 75 Parcel A W 112 OF HE 1/4 OF NW 114 OF NW 114 & SE 1/4 OF NW 114 OF NW 1/4 LESS CORD Parcel B W 1/2 OF W 112 OF NW 114 LESS POR OF N 500 Fr LYE OF E LN OF W 30 FT OF SO SUBO LESS E 22S FT OF S 468 FT OF N 968 FT OF SO SUBDIV 0:: 0"" Property IdentIficatIon Developer Property ~ KC Tax Act # i:. r· Legal DescnptIon -~ FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Namel Address of Owner ZFF Assessment Centex Homes 2320 l30th Avenue NE. Suite #200 Bellevue W A 98005 112305-9011 112305-9029 2,473 $182,297 SO Parcel A E 112 OF SW 1/4 OF SW 114 LESS W 125 FT OF S 378 8 FT LESS CO RD Parcel B SE 114 OF NW 1/4 OF SW 114 ALSO SIS FTOF N 112 OF NW 114 OF SW 1/4 LESS CO RD .:~ . .•. ,.r :.~ .. :r :.~. ,.' .. :: ....... . - ./ ........... ~: . . ~· ... ~:·l " '::' .. " .~:.:.:. ''''',.::: .... . ,' ':'.: . ..•.. . ~. :: - .::.:: ....• . ~.:: ••••••••• # ..... ;.1: ':'" ''::''',/ ,- .... ...... ::: 2 " :t ;.: .... -..... ... -".~ .... ...•.. ;:. . ' :.:.: .•.. '" :: .... ~"~. :: ......... ::. !~: .:. ::~./ :~, ...... , .... :: . :.5-.:;.;:/ . :: .:~'::"""':~:""~' ,': ::" .-' .. /.. /,/.'~>-... .., EXlHBITA '~:. .':::..... ..if ./ .. :. . ..... ",. DESCRIPTION OF EASEMENT AREA '\:.\, .. , .......... ,.,.,,. ... :/~J~ JbRTi~N'···OF"'··rnE EAST l:fA.1..F OF TIlE SOUTHWEST QUARTER OF TIlE SOUTHEAST / QOARiER.6f:"THE SOuTHEASTQUAI('fER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, ,. ... <:.. W M .t>ES¢r~JBEI).AS:·;f"OIJp)V:g· .. ,. / • "':~':' .:,,:0 .:,', ::": ;/0: :::: .{ :.{ :( '.~ ... II ........ ~ ....... :: •• :::.. :.CO~Mf:NC!NG ~T~E SOYWEAST 9b~ER OF SAID SOUTHWEST QUARTER, THENCE ·'···::Nb~TH:·:O.()P15·25" -eAST .. ALONG THe J1i\~ LINE THEREOF 50214 fE[T TO THE TRUE POINT OF BEgi~iNG,,/ftl~NCE NQR'Ill. 8.~~21'09" WEST 1647 FEET TO THE BEGINNING OF A'G.URVl?'TO tHE !iIGH:hTHE CEl':ITER'-DF WHICH BEARS NORTH 59D04 '09" WEST 4600 fEeT tfrENCE·.ALONG siIn CuRVE')42 0 I FEET TIIROUGH A CENTRAL ANGLE OF 301°25'59", TH.~NCE·::·souiH 8.g'oilr09" .. :tAST 1756 FEET TO SAID EASl LINE, fHbNCh SOUTH 00°15'21:" WEST ,Aw).4G SAIo.-:·EAS:r"DlNE 4501 J7EE.T TO THE nUE POLNT OF BEGINNING ".J .,: :.: .:' .,',/ .:.... {,( SITUATE TN THF CITY OF RENTO~:;"(;cL~~' o~·.,G~:~. Sl'~;~ o~·:~ As:j:r;~~loN DES~J~U)~ riF Bb'RDE~~' ~~t~4"'--"'''''''':'' ;:" THE EA$l::~··:Of.\.THE SOUTHWEST 1/4 OF ~Hb iQ~·~·;:~f.·14·:~F/t:E :~:o.v.nu::;'~f.:\ 114 q'/SJTION 10. TOWNS,FlIP 23 NORTH. RANGE 5 EAST W M • "":.:,.. , ... ". :" :;' ..... "".".".':: ./ / EXCEJI'tTHEc'aAST"\)OrEETOF1HESOUTH IS0FEH;~~EQt, ,/: ... /' _. ....... :: // ;.'/ AND::.fXCE~~ ~E S6UlH 42 I-EEl ['HEREOF AS CONVEYED'i6:kIN6 coi.i~~;: FO~::~ E/128.'{H STR.E~l BY DEtb REoORDED UNbER KING COUNTY RECORDING NOS 5755891 A~D 5155892 •. :.' ./ ) ... SlfuA Ul~N I Ji~ C'll:~ Of Rl:.NTON. COUNTY OF KING, STATE OF WAS~l'N6n1N :/. .:/' .: .:/'/ .{'::".... .;:. /' ., ........ " .... ,:. "\,:,./:: .:/ .' .: .... :\:,... ..".,// .. :.>/ _/ .... }. ',.,<> '::~ ••. ~ •• ,,: ..... :/ ::. " , ...... u~~: •..• , c, . ./-/',/ ..... : .. :> ... " .. ,... ,c-,. ':;. '::::" :: }' ":~.: '.:::::"::,~,,,,,,,.:" ':::;.: ,:' " . .:' /.::: .... \ .. . ... :, .... ,<:: .. :, .. ,.:.:. . .... ~:. 0' " .' .:', •• '\"::" ,.' .' .::' .f· .. : .... : . • :. ::,~,,,.:I' '~;."':"""""'-' 0° :: ,-",:. ,~ .. , ...... , :' :: :.:: .::' /~""."~':~ ;; ............... :. .' 3 i I ~ j I ~ l J ~ ~ J t .1 1 1 , ; ; 1 1 ! . 1 t t ,.~,...., ;:a:: u:z: .. , .iCi . . • e CERTflCAlE WHEN RECORDED REiVRN 10: r. the c:;::::::rsigned, eA::t'Y Clerk of the City of Renton, Ww.ington, certify that tb1s Is a true Office of the dty d'~r1t OEVElO Renton MUlIidr'~1 Dullding Crr:'OMFENT PLANNING and correct copy of. !. Subscribed and 5eaIE.~~'" 2OO~",enul:'SouIh RENTON Ren Q A 91$O! ~'::-~ NOV 24 2004 (.? ~ ,2 ~ ': 'ReCelVeD c; ~ ~~ -.:.. -=r -, .. .... 'oJ. ' -. .c:: CITY OF RENTON. WASHINGTON ORDINANCE NO. 4612 AN ORDDUBCK OF 'nIB ern' OF RENTOR, WASB''L''l'Ua, ES'l'ABLI:SBmG .all ASSESSKBHT DJ:STRIC'l' POll SAR'rl'ART SBIIER. SDVICE m A POB.T:IOll OP THE SOUTH KIGlILAlmS, BBA"1"BBR. DODS, AND DPLEWOOD SOB-BASDlS AHD ESTABL:rsBDJG 'l'BB AIIO'OB"l' OJ! 'l"BE CHARGE UPON CONNECT:ION ro TIm FACl:LI:'rXES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SBCTXON :Ie There is hereby created a. Sanitary Sewer Service Special Assessment District for the area served by. the Bast Renton Sanitary Sewer Intercepto! in the northeast quadrant of the City of Renton and a portion ot its urban growth area· within unincorporated King county, which area is more particularly described in Exhibit "A· attached hereto. A map of the service area is attached as Exhibit -B.· The recording of this document is to provide notification of potential connectio~ and interest charges. While this connection charge may be paid at any time. the • City does not require payment until such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SlCTIOI :r:r. Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties c.b ~ IV -• ~ .... --i g ~ ~ .... :0: .., § z: ..... -< ... ,., g "'" "" CA C> c:o ....... r-z .., I ~ ~ c:; r is i " I I I I r t « J ~ . \ c· ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally describe4 in Exhibit ~A· and which boundary is shown on the'mz.p attached as Exhibit aB.- SECTION III. In addition to. the aforestated charges, there shall be a charge of 4.11% per annum added to the Per Unit ·Charge. The . interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance shall be effe.ctive upon its passage, approval, and thirty (30) days after publication'. 1 • . l PASSED BY THE CITY COUNCIL this·~ day Of __ ~J~u_n~e~~~L~ 1996 . I I 2 I t ~ , " t I I i I I i J I I I I ] ~ i ,a Il 1 .. • t 1 · ..... ORDINANCE 4612 APPROVED BY THE MAYOR this 10th day of ___ J_u_n_e __________ , 1996. Jes~anner, Mayor APpro~as to form: ot~~~2'- Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:as. 3 .j~' ---------------------------------------------- I i I i I I ~ 1 j ) ._N."". "".'f P.;P ·e Exhibit A LEGAL DeSCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of Sections 8.9, 10, 11, 14. 15. 16. 17,21 and 22 an in Township 23N. ~e 5E W.M. in King County. Washington Section 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Township 23N. Range 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following descn1>ed line: Beginning at the intersection of the East llne of said Section 8 with the centerline of NE 7th Street: thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast JA of said Section 8; thence West along said North line to the East right-of-way line of SR-405 and the terminus of said line. Section 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N, Range 5E W.M.lying South and East of the following described line: . Beginning on the centerline ofNE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast ~ of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23Nr Range 5E W.M. All of that portion of Section 10. Township 23N. Range 5E W.M.lying Southerly and Westerly of the following descnbed line: . Beginning on the West line of Section 10 at its intersection with the North line of the South ~ of the North lh of said Section 10; thence East along said North line to itS intersection with the centerline of 142nd Avenue SE: thence Southerly along said centerline to its intersection with the North line of the Southeast JA of said Section 10; thence East along said North line to its ~on with the East line of said Section 10 and the terminus of said line. I i I ; s ¥ I I " t ! ! j . . i I I i t ! i I ! \; I I I • L£EW~, , •• .- Legal Description of the Special Assessment District for th2 City 0[ Renton -East Renton lnteTc!Etor Section 11. Township 23N, Range SE W.M. All of the Southwest v.. of Section 11. Township 23N. Range 5E W.M.. Section 14, Township 23N, Range 5E W.M. Page2of3 All of that portion of Section 14. Township 23N. Range SE. W.M. descnbed as follows: All of the Northwest JA of said section, together with the Southwest \4 of said section. except the South 1t2 of the Southeast 'A of said Southwest lA and except the plat of Mcintire Homesites and 1h of streets adjacent as recorded in the Book of Plats. Volume 58. Page 82. Records of King County. Washington. and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats. Volume 16. Page 52. Records of King County. Washington. less ~ of the street abutting said portion of Tract 6, Block 1. and less Tract 6. Block 2 of said Cedar River Five Acre Tracts, less 1h of the street adjacent to said Tract 6. Block: 2. and except the South 82.785 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre 1racts and less Ih the street adjacent to said portion of Tract 5, Block 2. Section 15, Township 23N, Range 5E W.M. All of that portion of Section 15, Township 23N. Range 5E. W.M .• except the Southwest lA of the Southwest lA. of the Southwest ~ of said section. . Section 16, Township 23NJ Range SE W.M. All of that portion of Section 16. Township 23N. Range 5E W.M., except that portion of the Southeast 1..4 of the Southeast JA of the said Section IS lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39." page 39, Recotds of King County Washington and its Northerly extension to the North line of said Southeast 'A of the Southeast lA of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line ofSR-169 (Maple Valley Highway). . I Section 17, Township 23N, Range 5E W.M. All of that portlon of Section 17, Township 23N. Range 5E W.M.. lying Northeasterly of the Northeasterly right-of-way. of SR-169 (Maple Valley HighWaj) and Easterly of the East right-of-way line of SR405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying F:\DAT"lREN\t~ .. I ! t J I i I , i i I j j , I ~ i , i ! Legal Description of the Spedlzl Assessment District for the City of Renton -FAst Rmton In1erceptor Page30f3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- 405. section 21, Township 23M, Range SE W.M. All that portion of Section 21, Township 23N. R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of the .East line of the Plat of Maplewood DMsion No. 2 as recorded in the Book of . Plats , volume 39. page 39, Records of King County, Washington. Section 22, Townsblp 23N, Range 5E W.M. All of that portion of Section 22, Township 23N. Range 5E W.M. described as follows: All of the Northwest l,4 of the Northeast ~ of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewocxi Heigh~ as recorded in the Book of Plats. volume 78. pages 1 through 4. Records oOtIng Count;y. Washington. : Together with the North 227.11 feet of the west 97.02 'of the Northeast ~ of the Northeast ~ of said Section 22. I * f ! I , ! i ! . ~ 1 i , i I t I I I i 1 I I \. I ·..,1 .·P ....... _ •.•• , ... s .<4E!SeUC ............ . Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary ·1:24,000 ------City Limits It ..... + + ~Warb e SANITARY SEWERS -cm.t~.V'lIMat [zT....T.2J Special Assessment Disfrid 20 May 1996 I .-, . .. R/ftII 2108 UTllIn AIl1) IlRAINJ\G£ EASEIlEIIT (II" I 137A ct. TIllS tllDtll11IRE !dde til's 2k -day of f2 .. m4t:-<-, 19.,lL.. beboes {mnfbt~'5 ri:=-<Kfn1d~fi(tW1Uflrj,~~ :;~~~~ V.sII'ngtDft. Ioet"e'n.fter catted tile CRAATEE " I'I1I£SSEm: The sa'd GlMm, for and In COIIs'deratlon of -----::=:00.-----------o N~~~~~~~~~~~~~~~~~~~~==~ . . .,. ~he South 5 feet of the West 40 feet of the followln, deserlbed pacee1 of land The Eaat 100 feet of the South 150 feet of the SouthVest 1/4 of the South.ast 1/4 of the Southeast 1/4 of Sectlon 10. ToWnshlp 23 Horth, Ran,. 5 East. N " • ~ln, County. Washington. LESS county road. COntalns an area of ZOO aq ft., or 0 0046 .cres, MIL. BIN 2108 -S.E. lZ8TR STRBET ~ .' ........ 00 00 ,. ~ . :., satd GRANTEE, Its succesSOI'S and asslgns. sIl.tt IIlYe the r'ght at suell tilDe as III, be nec:essar,. to enter upon salol propertr for the pUrpose of constructing. recolIStnlctlng • .. 'atalntng and npa'r'ng sa'd utlhtaes .nd draanage faclhty. "as hereunto set hts hand and sell the da, and ,.ear -~c~~ STATE OF 1lASH11I&TOII I ) IS COUll" OF 1:111& ) . 011 thts~~sonall' appeared before ~~~AJ G~i.' and ~ A'~~ to ~ kn_ a , u " scr a ana who eaiiCiF;tn "'~e90ln9 'nlm-nt., Hd aeta""1e,,," that they sIgned the _ as their free and woluatarr act and deed. for tile ases Ind purposes tberela _tlonecl. ~:'~'4l'~nd and offle'.' se.l tills U ttl da, of IJ,ml2-t'fle. • 19JZ. ~~" .... OI ~ ~ " ·fl· ~ I ,'lo .. ;.ou.. . ~ '{' ~ ~.I\_to,. • -RbfARi or .,"'\ .. "" . . • €:t _ ~..:!. State of '~"tll9toa, resldh., at ... ~~ "l19tf.-<, • • . ARAIJ r",c:Vc • :;. ..... .. ... ~ ~7.n;I~-u'.dJ" KlUUH ~(" 71. ~ . bJr.t....oF " to;''' a, . M 0eJIUIr • II r Proj~ct: 01159 page 1 Mon October 25 16:17:56 2004 Parcel Map Check --------------------------------------------------------------------------- Parcel name: RENTON LOT 1 North: 509430.9550 Line Course: N 89-17-06 W North: 509432.1280 Line Course: N 00-15-26 E North: 509481.9675 Curve Length: 52.64 Delta: 91-23-27 Chord: 47.23 Course In: S 89-44-34 E RP North: 509481.8194 End North: 509514.8057 Line Course: S 88-21-07 E North: 509513.0738 Line Course: S 00-15-26 W North: 509430.9546 East: 1644069.4856 Length: 94.00 . East Length: 49.84 East Radius: Tangent: Course: Course Out: East East . Length: 60. 22 East Length: 82.12 East 1643975.4929 1643975.7166 33.00 33.81 N45-57-10 E N 01-38-53 E 1644008.7163 1644009.6654 1644069.8605 1644069.4918 Perimeter: 338.82 Area: 7,544 0.17 Mapcheck Closure -(Uses Error Closure: 0.0063 Error North: -0.00040 Precision 1: 53,780.95 DEVELOPMENT PLANNING CITY Of RENTON NOV 242004 RECEIVED listed courses, radii, and deltas) Course: S 86-21-09 E East: 0.00624 Project: 01159 Parcel Map Check , Parcel name: RENTON LOT 2 page 1 Mon October'25 16:17:54 2004 North: 509345.0838 Line Course: N 89-17-06 W North: 509345.8325 Line Course: N 00-15-26 E North: 509358.8324 Line Course: N 89-29-44 W North: 509358.9126 Curve Length: 39.16 Delta: 89-45-10 Chord: 35.28 East: 1644069.0999 Length: 60.00 Course In: N 00-30-16 E RP North: 509383.9116 End North: 509384.0239 Line Course: N 00-15-26 E 'North: 509432.1234 Line Course: S 89-17-06 E North: 509430.9504 Line Course: S 00-15-26 W North: '509345.0812 East Length: 13.00 East Length: 9.11 East Radius: Tangent: Course: Course Out: East East Length: 48.10 East. Length': 94.00 East Length: 85.87 East Perimeter: 349.25 Area: 7,499 0.17 1644009.1046 1644009.1630 1644000.0533 25.00 24.89 N 44-37-09 W N 89-44-34 W 1644000.2734 1643975.2737 1643975.4896 1644069.4823 1644069.0968 Mapcheck Closure-(Uses Error Closure: 0.0041 Error North: -0.00256 Precision 1: 85,180.49 listed courses, radii, and deltas) Course: S 50-50-15 W East: -0.00314 Project: 01159 Parcel Map Check page 1 Mon October 25 16:17:52 2004 --------------------------------------------------------------------------- Parcel name: RENTON LOT 3 North: 509254.5906 Line Course: N 89-17-06 W North: 509255.7636 Line Course: N 00-15-26 E North: 509308.0230 Curve Length: 39.38 Delta: 90-14-50 Chord: 35.43 Course In: S 89-44-34 E RP North: 509307.9108 End North: 509332.9098 Line Course: S 89-29-44 E North: 509332.8316 Line Course: N 00-15-26 E North: 509345.8314 Line Course: S 89-17-06 E North: 509345.0827 Line Course: S 00-15-26 W North: 509254.5936 East: 1644068.6935 Length: 94.00 East 1643974.7009 Length: 52.26 East 1643974.9355 Radius: 25.00 Tangent: 25.11 Course: N 45-22-51 E Course Out: N 00-30-16 E East 16.43999.9352 East 1644000.1553 Length: 8.89 East 1644009.0450 Length: 13.00 East 1644009.1033 Length: 60.00 East 1644069.0987 Length: 90.49 East 1644068.6924 Perimeter: 358.03 Area: 7,927 0.18 Mapcheck Closure -(Uses Error Closure: 0.0033 Error North: 0.00306 Precision 1: 108,490.91 listed courses, radii, and deltas) Course: N 19-58-52 W East : -0 . 00111 . Project: 01159 page 1 Mon October 25 16:17:51 2004 Parcel Map Check --------------------------------------------------------------------------- Parcel name: RENTON LOT 4 North: 509256.2a75 Line Course: N 89-17-06 W North: 509257.2109 Line Course: N 00-15-26 E North: 509396.6095 Line Course: S 89-17-06 E North: 509395.6861 Line Course: S 00-15-26 W North: 509256.2875 East: 1643932.6998 Length: 74.00 East: 1643858.7056 Length: 139.40 East 1643859.3314 Length: 74.00 East 1643933.3256 Length: 139.40 East 1643932.6998 Perimeter: 426.80 Area: 10,315 0.24 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 426,800,000.00 courses, radii, and deltas) Course: S 90-00-00 E East : 0.00000 Project: 01159 Parcel Map Check page 1 Mon October 25 16:17:49 2004 --------------------------------------------------------------------------- Parcel name: RENTON LOT 5 North: 509257.2108 East: 1643858.7032 Line Course: N 89-17-06 W Length: 60.00 North: 509257.9595 East: 1643798.7079 Line Course: N 00-15-26 E Length: 139.40 North: 509397.3581 East 1643799.3337 Line Course: S 89-17-06 E Length: 60.00 North: 509396.6094 East 1643859.3290 Line Course: S 00-15-26 W Length: 139 .. 40 North: 509257.2108 East 1643858.7032 Perimeter: 398.80 Area: 8,364 0.19 Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 398,800,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 Project: 01159 page 1 Mon October 25 16:17:47 2004 Parcel Map Check Parcel name: RENTON LOT 6 North: 509257.9595 Line Course: N 89-17-06 W North: 509258.7119 Line Course: N 00-14-22 E North: 509398.1107 Line Course: S 89-17-06 E North: 509397.3576 Line Course: S 00-15-26 W North: 509257.9590 East: 1643798.7060 Length: 60.30 East: 1643738.4106 Length: 139.40 East 1643738.9932 Length: 60.35 East 1643799.3385 Length: 139.40 East 1643798.7127 Perimeter: 399.44 Area: ,8, 409 0 . 19 Mapcheck Closure -(Uses Error Closure: 0.0068 Error North: -0.00044 Precision 1: 58,742.65 listed courses, radii, and deltas) Course: S 86-17-48 E East: 0.00674 Project: 01159 page 1 Mon October 25 16:17:45 2004 Parcel Map Check --------------------------------------------------------------------------- Parcel name: RENTON LOT 7 North: 509397.3557 Line Course: N 89-17-06 W North: 509398.1088 Line Course: N 00-14-22 E North: 509517.1978 Line Course: S 88-52-54 E North: 509516.8587 Curve Length: 43.04 Delta: 4-44-00 Chord: 43.03 Course In: N 01-07-06 E RP North: 510D37.7595 End North: 509517.7962 Line Course: S 00-15-26 W North: 509397.3574 East: 1643799.3319 Length: 60.35 East: 1643738.9866. Length: 119.09 East Length:· 1 7 . 37 East Radius: Tangent: Course: Course Out: East : East : Length: 120.44 East 1643739.4843· 1643756.8510 521. 00 21. 53 N 88-45-06 E S 03-36-54 E 1643767.0196 1643799.8696 1643799.3289 Perimeter: 360.29 Area: 7,201 0.17 Mapcheck Closure -(Uses Error Closure: 0.0035 Error North: 0.00167 Precision 1: 102,940.00 listed courses, radii, and deltas) Course: N 61-38-30 W East: -0.00309 project: 01159 page 1 Mon October 25 16:17:44 2004 Parc~l Map Check --------------------------------------------------------------------------- Parcel name: RENTON LOT 8 North: 509396.6071 Line Course: N 89-17-06 W North: 509397.3558 Line Course: N 00-15-26 E North: 509517.7946 Curve Length: 5.51 Delta: 0-36-21· Chord: 5.51 Course In: N ~3-36-54 W RP North: 510037.7579 End North: 509518.1710 Curve Length: 49.06 Delta: 5-52-08 Chord: 49.04 Course In: S 04-13-15 E RP North: 509040.4701 End North: 509519.2720 Line Course: S 88-21-07 E North: 509519.1144 Line Course: S 00-15-26 W . North: 509396.6056 East: 1643859.3292 Length: 60.00 East: 1643799.3339 Length: 120.44 East : Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East East Length: 5.48 East Length: 122.51 East 1643799.8746 521.00 2.75 N 86-04-55 E S 04-13-15 E 1643767.0246 1643805.3706 479.00 24.55 N 88-42-49 E N 01-38-53 E 1643840.6254 1643854.4015 1643859.8792 1643859.3292 Perimeter: 363.01 Area: 7,324 0.17 Mapcheck Closure -(Uses Error Closure: 0.0014 Error North: -0.00144 Precision 1: 259,285.71 listed courses, radii, and deltas) Course: S 00-10-12 E East: 0.00000 page 1 Project: 01159 Mon October 25 16:17:42 2004 Parcel Map Check --------------------------------------------------------------------------- Parcel name: RENTON LOT 9 North: 509395.6837 Line Course: N 89-17-06 W North: 509396.6072 Line Course: N 00-15-26 E North: 509519.1159 Line Course: S 88-21-07 E North: 509517.9696 Curve Length: 54.13 Delta: 88-36-33 Chord: 48.89 Course In: S 01-38-53 W RP North: 509482.9840 End North: 509482.8269 Line Course: S 00-15-26 W North: 509395.6778 East: 1643933.3258 Length: 74.00 East: 1643859.3316 Length: 122.51 East Length: 39.86 East Radius: Tangent: Course: Course Out: East East Length: 87.15 East 1643859.8815 1643899.7251 35.00 34.16 S 44-02-50 E S 89-44-34 E 1643898.7185 1643933.7181 1643933.3269 Perimeter: 377.65 Area: 8,773 0.20 Mapcheck Closure -(Uses Error Closure: 0.0060 Error North: -0.00595 Precision 1: 62,941.67 listed courses, radii, and deltas) Course: S 10-07-59 E East: 0.00106 Project: 01159 Parcel Map Check Parcel name: RENTON LOT 10 page 1 Mon October 25 16:17:35 2004 North: 509559.9736 East: 1643900.2623 Line Course: N 88-21-07 W North: 509561.2583 Curve Length: 26.54 Delta: 2-55-08 Chord: 26.54 Course In: S 01-38-53 W RP North: 509040.4738 End North: 509561.3457 Line Course: N 00-15-26 E North: 509616.3651 Line Course: N 74-08-48 E North: 509646.2205 Line Course: S 00-15-26 W North: 509592.8110 Curve Length: 52.64 Delta: 91-23-27 Chord: 47. 23 Course In: N 89-44-34 W RP North: 509592.9592 End North: 509559.9728 Length: 44.67 East : Radius: Tangent: Course: Course Out: East East Length: 55.02 East Length: 109.29 East Length: 53.41 East Radius: Tangent: Course: Course Out: East East Perimeter: 341.58 Area: 7,191 0.17 1643855.6108 521.00 13.27 N 89-48-41 W N 01-16-15 W 1643840.6268 1643829.0718 1643829.3189 1643934.4519 1643934.2121 33.00 33.81 S 45-57-10 W S 01-38-53 W 1643901.2125 1643900.2634 Mapcheck Closure -(Uses Error Closure: 0.0013 Error North: -0.00076 Precision 1: 262,746.15 listed courses, radii, and deltas) Course: S 55-09-59 E East: 0.00109 Project: 01159 e· page 1 Mon October 25 16:17:33 2004 Parcel Map Check ----------------------------------------------------------------------~---- Parcel name: RENTON LOT 11 North: 509555.0887 Line Course: N 88-21-07 W North: 509556.8106 Curve Length: 54.13 Delta: 88-36-33 Chord: 48.89 Course In: N 01-38-53 E RP North: 509591.7961 End North: 509591.9532 Line Course: N 00-15-26 E North: 509670.8524 Line Course: S 88-20-50 E North: 509668.1404 Line Course: S 00-15-26 W North: 509555.0915 East: 1644070.0430 Length: 59.87 East : Radius: Tangent: Course: Course Out: East East Length: 78.90 1644010.1978 35.00 34.16 N 44-02-50 W N 89-44-34 W 1644011.2044 1643976.2047 East 1643976.5589 Length: 94.03 East 1644070.5498 Length: 113.05 East 1644070.0423 Perimeter: 399.97 Area: 10,379 0.24 Mapcheck Closure -(Uses Error Closure: 0.0029 Error North: 0.00280 Precision 1: 137,924.14 listed courses, radii, and deltas) Course: N 14-14-10 W East : -0.00071 Project: 0.1159 page 1 Mon October 25 16:17:27 20.0.4 Parcel Map Check --------------------------------------------------------------------------- Parcel name: ROW AREA RENTON North: 50.9255.7634 Line Course: N 89-17-0.6 W North: 50.9256.2875 Line Cburse: N 0.0.-15-26 E North: 5o.9482.~253 Curve Length: 54.13 Delta: 88-36-33 Chord: 48.89 Course In: N 89-44-34 W RP North: 50.9482.9824 End North: 50.9517.9679 Line Course: N 88-21-0.7 W North: 50.9519.2719 Curve Length: 49.0.6 Delta: 5-52-0.8 Chord: 49.0.4 Course In: S 0.1-38-53 W RP North: 50.90.40..470.0. End North: 50.9518.170.9 Curve Length: 48.55 Delta: 5-20.-21 Chord: 48.53 Course In: N 0.4-13-15 W RP North: 510.0.37.7578 End North: 50.9516.8571 Line Course: N 88-52-54 W North: 50.9517.1961 Line Course: N 0.0.-14-22 E North: 50.9559.1957 Line Course: S 88-52-54 E North: 50.9558.8442 Curve Length: 44.64 Delta: 5-20.-21 Chord: 44.62 Course In: N 0.1-0.7-0.6 E RP North: 510.0.37.7530. End North: 50.9560..0.521 Curve Length: 53.37 Delta: 5-52-0.8 Chord: 53.34 Course In: S 0.4-13-15 E RP North: 50.90.40..4652 End North: 50.9561.2497 Line Course: S 88-21-0.7 E North: 50.9559.9649 Curve Length: 52.64 Delta: 91-23-27 Chord: 47. 23 Course In: N 0.1-38-53 E RP North: 50.9592.9513 End North: 50.9592.80.31 East: 1643974.6979 Length: ,42.0.0. East: 1643932.70.11 Length: 226.54 East : Radius: Tangent: Course: Course 'Out: East East Length: 45.34 1643933.7182 35.0.0. 34.16 N 44-0.2-50. W N 0.1-38-53 E 1643898.7185 1643899.7251 East 1643854.40.39 Radius: 479.0.0. Tangent: 24.55 Course: S 88-42-49 W Course Out: N 0.4-13-15 W East :' 1643840..6278 East: 164380.5.3730. Radius: 521.0.0. Tangent: 24.29 Course: S 88-26-55 W Course Out: S o.l~07-o.6 W East 1643767.0.270. East 1643756.8584 Length: 1 7 . 37 East Length: 42.0.0. East Length: 18.0.1 East Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East East Length: 44.67 East Radius: Tangent: Course: Course Out: East East : 1643739.4917 1643739.6673 1643757.6738 479.0.0. 22.33 N 88-26-55 E S 0.4-13-15 E 1643767.0.227 164380.2.2775 521.0.0. 26.71 N 88-42-49 E N 0.1-38-53 E 1643840..6235 1643855.60.75 164390.0..2590. 33.0.0. 33.81 N 45-57-10. E S 89-44-34 E 164390.1.20.81 1643934.20.77 Line Course: N 00-15-26 E4Itength: 79.25 North: 509672.0524 East Line Course: S 88-20-50 E Length: 42.01 North: 509670.8407 Line Course: S 00-15-26 W Noith: 509591.9415 Curve Length: 54.13 Delta: 88-36-33 Chord: 48.89 Course In: S 89-44-34 E RP North: 509591.7843 End North: 509556.7988 Line Course: S 88-21-07 E North: 509555.0170 Line Course: S 00-15-26 W North: 509513~0674 Line Course: N 88-21-07 W North: 509514.7993 Curve Length: 52.64 Delta: 91'-23-27 Chord: 47.23 Course In: S 01-38-53 W RP North: 509481.8130 End North: 509481.9611 Line Course: S 00-15-26 W North: 509384.0121 Curve Length: 39.16 Delta: 89-45-10 Chord: 35.28 Course In: S 89-44-34 E RP North: 509383.8999 End North: 509358.9008 Line Course: S 89-29-44 E North: 509358.8206 Line Course: S 00-15-26 W North: 509332.8209 Line Course: N 89-29-44 W North: 509332.8992 Curve Length: 39.38 Delta: 90-14-50 Chord: 35.43 Course In: S 00-30-16 W RP North: 509307.9001 End North: 509308.0124 East Length: 78.90 East Radius: Tangent: Course: Course Out: East East Length: 59.87 . East Length: 42.01 East Length: 60.22 East Radius: Tangent: .Course: Course Out: East . East Length: 97.95 East Radius: Tangent: Course: Course Out: East . East Length: 9'.11 East Length: 26.00 East Length: 8.89 East Radius: Tangent: Course: Course Out: East : East Length: 52.26 1643934.5635 1643976.5560 1643976.2018 35.00 34.16 S 44-02-50 E S 01-38-.53 W 1644011.2015 1644010.1949 1644070.0401 1644069.8515 1644009.6564 33.00 33.81 S 45-57-10 W N 89-44-34 W 1644008.7073 1643975.7077 1643975.2679 25.00 24.89 S 44-37-09 E S 00-30-16 W .1644000.2677 1644000.0476 1644009.1572 1644009.0405 1644000.1508. 25.00 25.11 S 45-22-51 W N 89-44-34 W 1643999.9307 1643974.9310 Line Course: S 00-15-26 W North: 509255.7529 East: 1643974.6964 Perimeter: 1480.10 Mapcheck Closure -'(Uses Error Closure: 0.0106 Error North: -0.QI054 Precision 1: 139,632.08 Area: 31,710 0.73 listed courses, radii, and deltas) Course: S 08-00-51 W East -0.00148 Project: 01159 page 1 Mon October 25 16:17:11 2004 Parcel Map Check Parcel name: TRACT E RENT North: 509559.2044 Line Course: N 00-14-22 E North: 509677.6734 Line Course: S 88-20-50E North: 509672.0638 Line Course: S 00-15-26 W North: 509646.2241 Line Course: S 74-08-48 W North: 509616.3687 Line Course: S 00-15-26 W North: 509561.3492 Curve Length: 26.82 Delta: 2-57-00 Chord: 26.82 Course In: S 01-16-15 E RP North: 509040.4774 End North: 509560.0643 Curve Length: 44.64 Delta: 5-20-21 Chord: 44.62 Course In: N 04-13-15 W RP North: 510037.7652 End North: 509558.8564 Line Course: N 88-52-54 W North: 509559.2079 East : 1643739.6637 Length: 118.47 East : 1643740.1588 Length: 194.49 East 1643934.5679 Length: 25.84 East 1643934.4519 Length: 109.29 East 1643829.3188 Length: 55.02 East 1643829.0718 Radius: 521.00 Tangent: 13.42 Course: S 87-15-15 W Course Out: N 04-13-15 W East : 1643840.6267 East : 1643802.2807 Radius: 479.00 Tangent: 22.33 Course: S 88-26-55 W Course Out: S 01-07-06 W East 1643767.0259 East 1643757.6771 Length: 18.01 East. 1643739.6705 Perimeter: 592.58 Area: 14,881 0.34 Mapcheck Closure -(Uses Error Closure: 0.0077 Error North: 0.00352 Precision "1: 76,958.44 listed courses, radii, and deltas) Course: N 62-50-11 E .East : 0.00685 page 1 Project: 01159 Mon October 25 16:16:49 2004 Parcel Map Check Parcel name: TRACT R North: 510330.6552 Line Course: N 88-20-33 W North: 510337.2799 Line Course: N 15-47~55 E North: 510457.9428 Line Course: N 89-46-43 W North: 510458.1887 Line Course: N 00-13-17 E North: 510478.1886 Line Course: S 89-46-43 E North: 510477.6921 Curve Length: 82.31 Delta: 68-50-55 Chord: 77.45 East: 1643941.5246 Length: 229.03 Course In: N 69-04-12 E RP North: 510502.1622 End North: 510433.6627 Line Course: S 89-46-43 E North: 510433.4053 Line Course: S 00-15-26 W North: 510330.6563 East : Length: 125.40 East Length: 63.64 East Length: 20.00 East Length: 128.49 East : Radius: Tangent: Course: Course Out: East East Length: 66.61 East Length: 102.75 East Perimeter: 818.23 Area: 26,518 0.61 1643712.5904 1643746.7314 1643683.0919 1643683 .. 1692 1643811.6582 68.50 46.95 S 55-21-16 E S 00-13-17 W 1643875.6384 1643875.3737 1643941.9832 1643941.5219 Mapcheck Closure -(Uses Error Closure: 0.0028 Error North: 0.00111 Precision 1: 292,225.00 listed courses, radii, and deltas) Course: N 67-01-57 W East: -0.00262 DEVELOPMENT PLANNING CITY OF RENTON • ~ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 NOV 2 ~ 200~ RECEIVED------------- Printed: 11-24-2004 Payment Made: Land Use Actions RECEIPT Permit#: LUA04-148 11/24/200412:43 PM Receipt Number: R0406387 Total Payment: 1,000.00 Payee: Shamrock Highlands LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 1033 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 50ll 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 604.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 9 n. ~ o 9 n. .. -v! f2 ~ u o 0:::: 2 « I (J) o z « zUi «:=:! -..l« o...f--w 00 Z o 0... lH-+-+-+-+--I \ \, \ \ ~/"'~ ( , .~ ' ... / DETENTION (') I Ii ! STREET TREE PLANT LIST SYMeO~ F~ANTNAME QUANTITY SIZE ; ! / CONDITION/COMMENTS ACER X FREEMAN I I 'JEFFERSRED'I AUTUMN 6LAZE MAFLE 2" CAL SINGLE TRUNK, UJ5LL-6RANC~ED, FULL,MATC~ED,6.6 CONIFEROUS TREES IN WETLAND BUFFER SYMeO~ F~ANTNAME FSEUDOTSuc:.A MENZIES III DOuc:.LAS FIR T~UJA FLICATAI WESTERN RED CEDAR STREET TFeE NOTES, QUANTITY SIZE , I&-e.' ~T I&-e.' ~T MIN. DISTANCE FROM CENTER OF STREET TREES TO NEAREST EDGE OF VERTICAL CURe S~ALL 6E 4'. W~ERE STREET TREES ARE LOCATED 6ETWEEN CURe AND 6ACK OF SIDEWALK TREES S~ALL 6E CENTERED. STREET TREES S~ALL 6E LIM6ED UF TO 1&', UNLESS OTHERWISE NOTED, AND STAKED IN A MANNER NOT TO 06STRUCT SIDEWALK TRAFFIC. STREET TREE LOCATIONS ARE AFPROXIMATE, VERIFY DRIVEWAY. UTILITY LOCATIONS FRIOR TO TREE INSTALLATION. CONDITION/COMMENTS .. 1.-. I / "/ SW /r,"\ J ' I, s 4, SE 1 4, SE 1 4, I ,," I' , ,,- " ! .-. ", ~'"'" " ."~" "'" ""'. "''0, 2 SEC " -", , ... " ... ' '" , ... ,. ,. WP. ,23N., RGE 5E., W.M. /'" / I I I ,., .• , ," I··,· .. ' ! I I I (~'\ '-......~-) \ . '. t ' , , I I \ o \ \ \ \ .. '.' i ,i , . , ./ S·:;ALE: 1" = 30' '0 i..,<. .... J I I I I I t \ 4+--1---._--------;--..,-' -f-t'-! e.' MAX. I 1 4" SQ., TYF. 1 4" X 4" FOST ff WI DECORATIVE POST CAl'" II II II I II II II II II II II II II II 1111 II 1'1. II I 2X4 TOF RAIL /I I II II II I II II II II II II II II II II II II II II l'll 1111111111 II II II II II II II II II II II II II I. II IX4 RAIL 60T~ SIDES 111111111 111111111111111111111111111111 111111111 II II II II II II II II II II II II II II II I 4X4FOST 111111111 II II II II II II II II II II II II II 11'1 I IX2 LATTICE 'it II 1111 II I II II II II II II II II II II \I II II [ II I / 111111111 II II II II II II II II II II II II II I II IX4 60TTOM RAIL 60T~ SIDES 111111111 II II II II II II \I \I \I II \I \I \I I /1 II II II II III \I II II II II II II II II II II II II /1 I 111111111111 II II II II II II II II II II II II 11/1 II I 12" CONCRETE FOOTIN / r SLOFE TO DRAIN 'I=lli ~Dl':'.ll H·'I 1'!·\T':'.IIl=m .Lllli_mW III_III_11 E1I1=11 1-111~T!I-III~T!1 . 'I I'!· ~[I Ell H I H11 !II ~-,II m m':!' 'ET!I m m m m m m 111~l1-m m m==m 1':1' '11=111 m m 11;c: "" "-::;111=1 <.I.l·. rljnl 11=11 1=1 I 1=11 1=11 I m 111;':=1 1' m III III. IIUII: <l.l,·gm m m-,I N mil I I m m m~m 1I1:-'II'--flLl~=IIU " , ITt III 111=' . 'Tf II '1'1 -ufllmlllm",III::-' "TIIIIIIIII 'I·r -~IlIm"T '" ' • I III . . m 1111 DRAIN ROCK _ ill ill. !L _ "_ -_ -III-W--:.-:III; :;:1' O 6' DECORA TIVE FENCE A ------,------- NOT TO SCALE II !I I. e.' MAX. /'--:2'" X 4" TOF RAIL-----.. /",,--4"'" X 4" UJ5LDED WIRE MES~ r--'~'"'' X 4" FOST ---.......", WI DECORATIVE FOST CAl'" ' .•. W' • 0 ' -' _4_'_M_'E_S_H_F._'E_N_C___.E'------------NOV 2 420011 NOT TO SCALE RECEIVED Checked for Compliance to City Standards 2004 TRIAD ASSOCIATES \. TRIAD ASS O_C I ATE S 11814115thAve. NE Kirkland, WA 28034~6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www.lriadassoc.oom Lalld Dellelopment Consu!tan1s .EFFRE:Y L COx, ASLA PROJECT LANDSCAPE ARCHITECT FIRST SUBMlTl'AL DATE: 10/15/04 SCALE: HORIZ.: 1"=30' 'IERT.:N/A STATE OF WASHINGTON REGISTERED LANDSCAPE ARCHITECT JEFFREY L. COX CERTIFICATE NO. 556 STAMP NOT VALID UNLESS SIGNED AND DATED JOB NO. 01-159 SHEET NO. . " 9 "- 9 "- , . y U o 0::::: :2 « I (.f) o z « o z o Cl. 0:: a.. a.. « w !;:;: o z o UJ Gi 0:: o z I ' I .~ --,.,,~ ~.~. O~~ _ ~_~ ~.~ •• -+ . '. '. " .: .. , , , ~,-~.: .. ~ ---~~"-t-.. ~ ~ ~ i ___ " ..... ,~ .... " ..... W <o .. .j . " .. .. ' . -'. " " . .' . ~- -, . '." , , , , " , -: . TION 10, T\AIU E 5E., W.M. " " " .:. ,: .. : ..... . .' ,- " . :" .. ' . . :.:: " " , .. : .. . '. , . •• 0 •• . .', .' I .,'. '\" j , I , I "'ff~L,",,""-''''''''" " • . ';f4"l!l"l-'·-'i--~·, ,,\, I " " I . " I . ... 1 . 0-'1 : •• .:" .j ".: ".: ! I: I " ';~:' ~i':~ . .r" i i" , L '. I ' .\ -! t . .~ .. \. . "0' J ! -. ! .'. "' " i· . ! I ' , 'I' .' ~". . ""."+-::, ~ , , , I I .-f ' i' , , ' : -: t' r' > " i . J .. ''-1-.... ; i '., . ': :. 'I'!.' ! . ~. '~ ... ~' -.~ -'.' .f -·i-, ! • -j. l _.! .' I I • ... t . !' -r:":"' "j-' 1. I • ~ '-.:1 I .' i " r·. i " .. :. r -. -1 • 1 .. }. " . .t , '""i. : I o '" 0 0 < • i ! ~~ i "','II,,'," i .' h·,!",;'.i ' . " i . '" " ':.. : ". . .-" " .-..... ... 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SCALE: 1" = 20'·0" o 10 20 40 I I _____________ -----.J ---------- -~--------~----7 NE 4TH STREET , PLANT LIST SYMBOL PLANT NAME QUANTITY DECIDUOUS TFeE o ACER CIRCINATUMI VINE MAPl.E CONIFeROUS TFeES CUf>RE550CYPARI5 l.EYl.ANDIlI br't: l.EYl.AND CYf>RE65 CALOCEDRU5 DECURREN51 INCEN6E CEDAR GROUND COVE~ ARCTOSTAPHYLOS UvA-UR511 KINNIKINNICK FRAGoARIA CI-lILOENSISI 6AND 6TRAUJeERRY I-IYDROSEEDED l.Au.N 23 13 4 SIZE CONDITION/COMMENTS 6' I-IT e 4 e (MUL. TI-TRUNK 3 eRANCI-I MIN) 8' I-IT 8'I-IT CONT, 18" OC 4" FOT CONT, 18" OC m ~ ~ (WA STATE DEPT. OF ECOl.OOY STORM TRACT LOW GROW SEED MIX)) I~IGATION NOTE, Al.l. l.AND5CAFE AREA6 ADJACENT TO DETENTION POND TO ElE IRRIGATED WITH AUTOMATIC IRRIGATION SYSTEMS. SYMBOL o (3 8 * / PLANT NAME ARMELANCI-IIER ALNIFOLIAI 5ERVICEElERRY QTY CORNU56TOLONIFERAI 11 REDTWIG DOOWOOD I-IEeE 'AUTUMN GLORY'I 52 AUTUMN GLORY I-IEElE ILEX CRENATA 'NORTI-IERN eEAUTY'1 4fZ) NORTI-IERN ElEAUTY JAPANE5E I-IOl.l. Y PENNI5ETUM ORIENT ALE I 51 ORIENTAl. FOUNTAIN GRA55 POl. Y5TICHUM MUNITUMI 6UJOR):> FERN vACCINIUM ovATUMI EveRc:.REENI-IUCKLEElERRY 28 MIX PLANTING IN DETENTION POND 2~ 51= ~;::; f;l,/1 4fZ)% CORNUS SIORICEAI II II.; II.; II RED TWIG DOOUJOOD 15% PHY50CARFUS CAPIT ATU51 PACIFIC NINE ElARI<. 3fZ)% POTENTILLA PAl.U6TRISI FURFL8 CINQUEFOIl. 15% SALIX 5COULERIANAI 5COUl.8R WILLOW i SIZE CONDITION/COMMENTS 5 GAl.. 36" I-IT MIN, CONT 2' GAl.. 24" I-IT MIN, CONT 2 GAl. CONT 5 GAL 3fZ)" I-IT MIN CONT 1 GAl. CONT 1 GAl. CONT 5 GAL. 3fZ)" I-IT MIN CONT 18" hi eARE ROOTI 4' OC 18" hi ElARE ROOTI 4' OC 18" hi ElARE ROOTI 4' OC 18" hi ElARE ROOT/4' OC Ll.D . STANDARD DEVELOPMENT ••• Checked for Compliance to NOV 2 4 2004 © 2004 TRIAD ASSOCIATES \. ~rRIAD A.SSOCIATES - 11814115thAve. NE Kirkland. WA 98034-6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www.triadassoc.com Land' De1Jtl!opment Consultants FIRST SUBMITTAL DATE: 10/15/04 SCALE: Hom.: 1,"=20' 'IERT,:N/A STATE OF WASHINGTON REGISTERED LANDSCAPE ARCHITECT JEFfREY L. COX CERTIFICATE NO. 556 STAMP NOT VALID UNLESS SIGNED AND DATED JOB NO. 01-159 SHEET NO. L2oF3 . " , . ;; <> ;; z ., ~ ~ ~ ~ ! ~ I! ~ I ~ u o 0::::: 2 « I (J) ~ ~ z ~ " z :;: ~ w ~ o z o If) GJ n:: ci z • CEDAI't STAKE Fl<EVAILIN:>B= I'<OOTeALL ~~~.. ~ WIND • CEDAI't STAKE FLAN NOTE, FLANT Tf'itEES I" HIGol-IEI't THAN DEPTH GFWUN IN NUf'it5Ef'itY Tf'itEE FIT SHALL eE NOT LE55 THAN 2 TIMES I'<OOTeALL DIA, WATEI't THOF<OUGHL Y AFTEI't PLANTIN<"; Tf'itEE STAKES FEI'!FEl'.DICULAI't TO Ff<EVAILING WIND ~---12 GA WII'tE, TWIST TO TIGol-ITEN ~:--~-In" DIA BLACK f'itUBBEI't HOSE TYPE. 11-.,---2" x 2" CEDAI't STAKE -TIF rW---CUT ALL TIES AND fOLD BACK BUf'itLAF AND BASKET Ff'itOM UFFEI't 113 OF F<OOTeALL. f'itCM0V!: ALL PLASTIC AND TWINE ,,----2" DEPTH MULCH LAYEI't I TI~;tlt~~~..)~~~~~~~~;= 3" WATEI'tING BASIN + FINISH GflitADE !iiJltll;r:jt:::t=+lI==tl!I[~~~-5CAI'tIFY SIDES AND BOTTOM :u OF PLANTING FIT ~~ll~~I~mlllF=== 5FECIFIED FLANTING MIX AND FEf'itTILIZEI't nl I'tECOMFACTED NATIVE 50IL 2X MIN. PIA. IOOOWALL TYPICAL CONIFEROUS TREE DETAIL NOT TO SCALE PLANTING NOTES -Contractor shall verlf'~ all eXisting sIte condItions prIor to begInning construction. Notlf~ owner of an~ discrepancies, between plans and actual field condItions. The contractor shall be responsIble for an~ damage to exIstIng utilitIes or Improvements. AlI repaIrs shall be made at no expense to the owner. Verlf'~ utlllt~ locatIon w/englneerlng plans and/or utlllty locator serVIce. -The contractor shall no·tlf'y the owners representatIve: prIor to beginning construction, and shall keep the owner Informed of' progress of work throughout construction. All work shall be Installed In conf'ormance with all applicable local codes and ordInances b~ experIenced workmen. and a lIcensed landscape contractor who shall obtaIn all necessar~ permlt6 and pay all reqUired f'ee&. Arl~ reC\ulrement In the plan& and/or notes shali be consIdered blndlng~ In case of dIscrepancies or Items not understood b~ th~ contractor, the owner's representative shall be contacted Immedlatel~. -Site vIsits b!:j the landscape architect to Inspect progress of work and Its conf'ormance wIth the plans shall be as dIrected b~ the owner's representative. -Execute perIodIc cleanIng of the sIte throughout the contract period to remove a 11 waste materIa Is, rubbIsh, plant conta Iners. -All wrItten dimensions supersede scaled dIstances. All dImensIons are tal<.en from the back of curb, f'ace of buildIng or f'ace of' fence. -Ref'er to archltecte 4 c.lvll engIneerIng plans ior sIte, gradIng 4 utility Inf'ormatlon. -Contractor shall coordInate theIr work wIth all other appllcabl~ trade&, as necessary. PLANTINC!r NOTES: Qua IIty Aeeurance Lateet Issue oi AmerIcan Standard for Nurser!:j Stock published by AmerIcan AssocIation of' Nurser~men shall be used to grade nurser!:j stocl<.. ANSI Zt&0.1 Plant nomenclature ehall conform to that used In New Sunset Western C!rarden 6001<.. Namee and varletlee not I1sted In thIs ref'erence shall be those most commonly used In the nursery trade. -HerbIcIdes shall be appl1ed b~ licensed applIcator. Froject CondItions PlantIng operations shall not be conducted UIlder the followlng condItions, I. FreeZIng LUeather 2. ExcessIve Heat 3. HIgh WInds 4. Excesslvel~ Wet CondItIons SeC\uenclng 4 Scheduling CoordInate wIth earthwork contractor to establl&h approprIate subgrade elevations as reC\ulred by plantIng soli depths speclf'led hereIn and on the draWIngs. Solie TestIng SubmIt representatIve sample of stockplled topsoil ([f' avaIlable) to approved solis test1nglaborator~. F~ODUCTS, Flants PrOVIde plants as IndIcated on drawIngs. -Contractor Is responSible for total number of plants represented graphlcall!:j or b~ calculatIon. SW 1/4, SE 1/4, SE 1/4, SECTION 10, TWP. 23N., RGE 5E., W.M. , CEDAI't STAKE Fl<EVAILIN:>~ I'<OOTeALL WIND .V-~ FLAN' CEDAR STAKE NOTE~ FLANT Tf'itEES I" J.lIGHEI't THAN DEPTH a.t'<OWN IN NUf'it5Ef'itY Tf'itEE FIT &HALL NOT BE LESS THAN (2) TIMES f'itOOT BALL DIAMETEFt Tf'itEE STAKES FEf'itFENDICULAI't TO Ff<EVAILING WIND T--U>---~~:-,,-#"---2" x 2" CEDAI't STAKES ~I----12 GA WII'tE, TWIST TO TIGol-ITEN '---1+----In" DIA BLACK FtUBBEI't HOSE TYP • r----CUT ALL TIES AND fOLD BACK BUf'itLAF Ff'itOM UFPEI't 1/3 OF f'itOOT BALL f'itCMOVE ALL PLASTIC AND TWINE ~~~~::==== 2" MULCH LAYER 3" WATEI't BASIN FINISH a.f'itADE I I r~*~+f::Htdf'mr=--5CAI'tIFY SIDES AND BOTTOM L OF FLANTING FIT TO ALLOW ~tll~I~11113== !'OFt I'<OOT FENETf'itATION 5FECIFIED FLANTING MIX AND FEf'itTILIZEI't I'tECOMFACTED NATIVE 50IL TYPICAL DECIDUOUS TREE PLANTING NOT TO SCALE -ConditIon: All plants shall coniorm t6 the f'olloWln~ mInImum reC\ulremel1ts: . I I. Nurser!:j grown, unless otherwIse speqlfled. i 2. Suppl1ed In approprIate contaIner, balled or burlapped, or bare root as specIfIed on draWIngs. • 3. In VIgorous grOWIng condItIon wIth f'ull folIage and fully, s!:jmmetrlca \I~ branched t~plcall~ representatIve of the specIe!!. 4. Flants shall meet governIng regulatIons concernIng pests, weeds and dIsease 4 shall be free from all pests, dIseases tweeds. &. Full~ and completel~ rooted, but not rootbound. 10. Plant grading shall conform to ANSI Zt&0.1. -Street Trees: UnIform In appearance, elze and structure. -OversIzed Flants: f='lants larger than specIfied sIze ma!:J be used prOVidIng heIght, spread, caliper, and root ball dImensIons conform t<:- ANSI Zt&0.1. . -Plants ehall be Inspected by the owner'e repreeentatlve at tIme of dellver~. ~eJected plants shall be removed irom the sIte Immedlatel~. Soli mIx for all plantIng areas and seeded areas. -On sIte stockplled soli ( Ii avallable), amended as neceesary per Solis Teetlng Laborator!:j to support Vigorous plant growth. Or -3-wa!:J topsoil mIx to be approved b!:J Owner's ~epresentatlve. Topsoll must be free of' viable plants, plant parts, or seeds. Mulch -Cedar C!rrove medium grade compost mix, or approved eC\ual, uniform In color, f'ree f'rom weed seed, eawdu&t, and splInters. Mulch shall not contaIn resIn, tannIn, wood fiber or compounds detrimental to plant growth. Source shall be from ireehwater mlll. H!:Jdroseeded areas: -Seed ehall coniormto the standard& tor "certified" grade seed or better, a& outlined b!:J the State of' WA Dept. of' AgrIculture's "rules for &eed CertIfIcatIon" latest edItion. Seed shall be f'urnlshed In standard contaIners. -Upon owner's reC\uest, furnish duplicate copIes of a statement elgn",d by the vendor certlf!:Jlng that each lot of seed has been tested by " recognIzed seed testing lab wIthIn 10 months of dellver!:J to the project sIte. I. f-i!:jdroseeded lawn (In planting strIp along ~OW), C!rrasemaster Master Lawn MIx f-i!:jdroseed 4 appl!:j eoll addItIves 4 hydroseed slurr!:J as recommended b" supplier. 2. H!:Jdroseedea lawn (DetentIon area): Stormwater Tract "Low C!rrow" seed mIx (per WA State Dept. of Ecolog~) Dwarf tall fescue 40% Dwarf perennIal r~e '6arcla~' 30% ~ed feecue 2&% ColonIal bentgras6 &% Hydroseed 4 appl!:J soli addItIves 4h!:Jdroseed slurr~ as recommended b!:J supplier. Fertilizer and Soli Amendments -Shrub bed amendment at time of soli placement: I. Prof'eeelona I 'e ChoIce C!rroundout '0-'0-'0, or eC\ua I Ava liable from D1= Marke, 1-800-161-3802 2. Agrlform Tablete: Flantlng tablets, 21-gram sIze, as manufactured b!:j Agrlf'orm InternatIonal ChemIcals Inc., 20-10-& anal~sle. Trees 4 tablets Large and MedIum Shrubs 2 tablets. Low Shrub& and Groundcovers I tablet CUT ALL TIES AND fOLD BACK BUI'LAF 4 BA5i<ET ~ UFFEI't 1/3 OF I'<OOT BALL O!'it 1'iEM0VE PLASTIC c:oNT AINEI't , f'itCM0V!: ALL TWINE ~ FLANTING FIT. /""---3" WATEI't BASIN FINISH a.f'itADE V'-IlrY\.::'; Yl~~~-2" MULCH LAYEF!, KEEF MULCH 2" Ff'itOM ~ H*~--5FECIFIED FLANTING MIX AND FEf'itTILIZEI't ~;Fff----5CAl'tiFY SIPES AND BOTTOM r=I~~IIIII~I---OF FLANTIN:> PIT TO ALLOW !'OFt I'<OOT FENETf'itATION I'tEcOMFACTED NATIVE 5011- TYPICAL SHRUB PLANTING DETAIL NOT TO SCALE HerbiCIdes Fre-Emereent, Surflan or approved equal. i-Other herbIcIdes aha II be. approved by owner'e representatIve prior to applicatIon. SubmIt product data and purpose of' use tor review. P~OCEDURES: EXllmlnatlon -E:xamlne sfte and verlf~ that Ilnee, levels, grades are acceptable and condItIon of exIstIng soil Is read~ to receIve worl<.. . Start of work shall IndIcate contractor's acceptance of exls~lng conditIons. Soli PreparatIon -Shrub 6ed: 1. Frlor to plaCing plantIng mIx, scarlf'~ eubgrade In two dIrectIons and thoroughl!:j loosen to a depth of 12 Inches. 2. Flace 10 Inches of';plantlng mIx on subgrade and thoroughl!:J tIll Into scarIfIed soil to a depth of 10 Inches. '. . 3. Thoroughl~ till Into' top 10 Inches of all sfTub beds '0-'0-'0 fertilizer at a rate of 1.& Ibell,000 sC\uare feet. -H~droseeded lawn areas, 1. Place 4 Inches of .sol1 mIx on subgrade and thoroughl!:J till Into scarIfied eoll to a depth of 10 Inches. 2. Thoroughl!:J till Into tOR 10 Inchee of all seeded areas soli addItIve!> 4 iertlllzer. (Rate: t t!:Jpe as recommended b~ seed supplier) 3. Rake, drag 4 remove rocke, t debrIs 3/4"+ from top I" of seed bed 4. Roll to produce a fIrm fInIshed grade and l1ghtl~ rake to loosen top 112." of eoil prIor tb eeedlng . Fine C!rradlng ~emove rocke and .debrIs wIth an!:J dimension larger than I Inch that turned up durIng preparatIon. -Rake, drag and roll area smooth to establIsh approved finIshed grades. MaIntaIn establIshed flow IInee, elopes and grade to achIeve pOsItIve draInage allowIng no puddles. -FInIshed C!rrade ~eClulrements: 1. Planting 6ed Areas, 3 Inches below adjacent pavIng and curbs. 2. Seeded lawn areas: I Inch below adjacent pavIng and curbs. Tree, Shrub 4 C!rroundcover Flantlng -Excavate plant pIts to slzee IndIcated on drawlnge. FertIlize plante at plantIng wIth Agrlform 21 gram tablete, 20-10-&, 2 per I gallon can, 3 per & gallon can and 3 per each caliper Inch. -Flood pIt prIor to placing plant. Notlf!:J owner'e representatIve of poorl!:J draInIng pIts. Do not plant untIl dIrectIon concernIng draInage Ie gIven b~ owner's repree.entatlve. -Set plumb face for beet appearance. Set so root crown wIll settle to approprIate level related to surroundIng flnlehed grades aiter settlIng hae occurred. -WaterIng: Construct water basIns and thoroughly water plants Immedlatel~ after plantIng. -~estore finIshed grades by hand rakIng. Leave water baelns In place. -Stake all trees Ole per detalle.. (j) NOTE, ALL Gf'itOUNPCOVERlSHF<I..Ie &FACING &HALL eE EQUIDISTANT UNLE55 OTHEI'!UJI5E SFECIFIED DISTANCE ON CENTEI't AS SPECIFIED cb STAf'itT FIf'it5T f'itOW OF FLANTING AT 112 THE FEf'itFENDICULAI't &FACING eETM:EN f'itOW5 ", .~ ...• ~ ,", " .. :. : .•..•. " -~.,~ .. ':-: '-.'-:"',"," .. " .-."-- '---'--EDGE OF FLANTING AI'tEA TYPICAL SHRUB PLANTING DETAIL NOT TO SCALE C!rroundcover plantIng shall begIn at the followIng dIstances f'rom other elte elements 12" from drIp line of conIfers, 24" from trunk of' decIduous tree, 18" from outer branches of ehrubs, 18" f'rom adjacent hard surfaces Pre-Emereent HerbICIde -Appl~ 11'1 accordance wIth manufacturer's recommended rates and procedures. -Appl~ to eoll of all planting areae prIor to placement of mulch. MulchIng Appl!:J 2 Inchee (compacted depth af'ter waterIng) of epeclffed mulch to fInIshed grade In all shrub bede. Thorou!;3nl!:J water mulched areas to ensure moIsture penetra!.lon to the soli. Inspec(lofl, C!ruarantee 4 MOl Intenance -Keep all areas of work clean,neat and orderl!:J at all tImes. Keep all paved areas clean durIng planting and maIntenance operations. -The Landscape Contractor shall contact the owner'e representatIve prior to begInnIng constructIon. Discrepanclee or other problems shall be resolved at thIs tIme. . -MaIntenance period shall begIn upon Inspection and approval b~ owner'e repreeentatlve, and shall be f'or one ~ear. -Malnterlance of new plantIng shall consIst of waterIng, cultIvatIng, weedIng, mUlchIng, resettIng plants to proper grades or uprIght pOSItion, restoratIon of the plantIng saucer, and furnIshIng and appl!:Jlng &uchepra!:Js and InvIgorante as are necese.ar!:J to keep the plantings free of Insects and disease and In thrivIng condItIon. All plant materIal shall be In tfTlvlng condItIon one !:jear from d~te of final acceptance. -~eplace all plant materIal whIch has loet 30% or more of theIr norma I foliage. DEVELOPMENT PLANNING CITY OF RENTON NOV 2 If 2004 R ~I=I\!I::r Checked for Complianceio City Standards © 2004 TRIAD ASSOCIATES '~..J" __ ~: ____ ' _____ --,-------___ , '\. TRIAD ASS q..c I ATE S 11814115th Ave. NE Kirkland, WA 98034-6923 425.821.8448 425.821.3481 fax u00,488.0756 toll free www.triadassoc.com Land Development Consultants C/) :::! ~ ~ ~ ~ I--0 ~ C/) C/) ~ ~ ~ ::e ~ ~ (.) ~ ~ ~ (J) ~ :c: ~ ~ ... '-' ~ PROJECT LANDSCAPE ARCHITECT FIRST SUBMITTAL DATE: 10/15/04 SCALE: Hom.: N/A VBRT.:N/A STATE OF WASHINGTON REGISTERED . LANDSCAPE ARCHITECT JEFFREY L. COX CERTIFICATE NO. 556 STAMP NOT VALID UNLESS SIGNED AND DATED JOB NO. 01-159 SHEET NO. L3oF3 :a: E <.:J ~ ~ ~ :t' E r5 It: ~ ).. .... (3 -, ,. .. ". "1 1-------' -- TRACT A WETLAND \ --' -W-_, --j--+----,-=B~l-- -SS----r -r-""-.,,y;:. I I 2 J :5 BENNIE J & BARB f J REID 14412 SE 128T. ST RENTON, WA 9 059 -"-, .. _----.. __ .. _. 1 __ .... __ ...... _ HONEY BROOK PLAT 5 ---- ----,-- r J ! 7 7,421 SF , 6 \8,694 SF \ \ \ , \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \ \ / i q " / / .. / /' I I ) I I / SO' WETLANO BUFFER (TYP) 8 7,:578 SF 5 , 8,649 SF 9 8,199 SF , I lr ! ' / i ! t / / , ' ! / I .. ) .. /14:;; f ! '1-!;' 9,765 $F I , ! ; / ! I I , I ;!I / I , ! \ I' / ~C) .' ! , /1 j i \ j , \ 1--'1<-----!.:..I----'--..,.....---1 / r / $' /" TRACt A / I' OETENTlON/WII'iiR QUAUTY 66,2d:5 SF \ \ \ , / / / / / / / \ --_._"\ \ , , , ;, ! l ""'~-",_~ / / , ! , /~ 2 7,875 SF 3 j 7,927 SF! ! , , \ \ \ \ \ ,_. r--x--- I 1~-::-::::. 1 I !' Ij I I , . I ,1 [ ~ x I It) I 'I ' \ , 1 I I I i 1 I C) ! x "1-; Iii i J x , 45 I I I 1 ........-.1-----, J J 46 A" LINES SO-t-I-"f!>(!~) ~ I I SCALE: 1" = 50' o 25 50 I 1-,-:;;;1 ~~ Basis of Bearing HORIZ, NAD 8:5/91 CITY OF RENTON GPS CONTROL NETWORK HOLDING CITY OF RENTON MONUMENTS, C.0.R.#1851(BASE POINT) AND C.0.R.#1852 THE FIELD MEASUREMENTS FOR THIS TOPOGRAPHIC SURVEY WERE OBTAINED UTILIZING GLOBAL POSITIONING SYSTEM (GPS) SURVEY TECHNIQUES USING LEICA SR 9500 EQUIPMENT. COORDINATES ASSOCIATED WITH THIS DRAWING ARE PROJECT COOROINATES WHICH MAY BE CONVERTED TO STATE PLANE GRID COORDINA TES BY SUBTRACTING 100.000 METERS (:528,08:5.:5:5:5:5 FEET), THEN MULTIPLYING BY THE A)£RAGE COMBINEO FACTOR OF (0.999982:50:54). THE: INITIAL COORDINA TE CONVERSION WAS PERFORMED USING THE LElCA SKI-PRO 'PROGRAM VERSION 2.0 2000. PRIMARY CONTROL POINTS AND ACCESSIBLE MONUMENT POSITIONS WERE: FIELD MEASURED UTILIZING GLOBAL POSITIONING SYSTEM (GPS) SURVEY TECHNIQUES USING LEICA SR 9500 EQUIPMENT. MONUMENT POSITIONS THA T WERE NOT DIRECTL Y OBSERVED USING GPS SURVEY TECHNIQUES WERE TIED INTO THE CONTROL POINTS UTILIZING LEICA ELECTRONIC TOTAL STA TlONS FOR THE MEASUREMENT OF BOTH ANGLE:S AND DISTANCES. THIS SURVEY MEETS OR EXCEEOS THE STANDARDS SET BY WAC 3:52-1:50-090. Datum VERTICAL-NAVD 88/ HORIZ. NAO 83/91 Benchmark 0- CITY OF RENTON SURVEY CONTROL NETWORK MONUMENT #1852 :5" BRASS SURFACE: MONUMENT FOUND -. ;" AT THE CORNER OF NE 4TH STREET(SE 128TH ST.) 'AND 148TH AVE SE "TBM A' SET RR SPIKE IN W. FACE OF UTILITY POLE .8' ABOVE GRADE SE COR OF SITE EL.=484.7' TBM "B" TOP OF 4"X4" CONC MONUMENT AT NE COR. OF SITE EI..=519.1:5 Legal Description PARCEL ~' THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 2:5 NORTH, RANGE 5 EAST, w.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVE'ff:O TO KING COUNTY FOR S.E. 128TH STREET BY DEED RECORDED UNDER KING COUNTY RE:CORDING NOS. 5755891 AND 5755892; SITUA TE IN THE CITY OF RENTON, COUNTY OF KING, STA TE OF WASHINGTON. PARCEL '8' THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 2:5 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVE'ff:D TO KING COUNTY FOR s.E. 128TH. STREET BY DEED RECORDED UNDER kiNG COUNTY RECORDING NOS. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Legend _ WETLAND BUFFER IMPACTS: 2,260 SF m WETLAND BUFFER REPLACEMENT: :5,006 SF Vicinity Map NOT TO SCALE Site Information OWNER: DEVELOPER: ENG/NEER/SURVEYOR/pLANNER: SEcnoN/TOWNSHIP /RANGE: ZONING: GROSS SITE AREA: SQUAkE.,fPOTAGE OF , LAND .!N,SENSI'fIVE~ARE:A: ._" .. c • SQUARE FOOTAGE: OF LAND (N R.O.W.: NET SIr.;: AREA: OENSI!y ALLOWED: I DENSI/y PROPOSED: PROPQSED USE: NUMBfR OF DKfLLlNG UNITS: NUMBtR OF LOTS: SmEE'T TYPE: I ALLOW£O MINIMUM LOT SIZE: ALLOKfD MINIMUM LOT WID TH: CORNER MINIMUM LOT WIDTH: ALLOWEO MINIMUM LOT DEPTH: UYUTY puRVEYORS' SANITARY SEWER: WATER: SCHOOL: I FIRE: • TELEPHONE: POWER: NA TURAL GAS: CABLE T. v.: REFUSE SERVICE: YARD SETBACKS: FRONT LOAOED LOT: Sheet Index -------_.,---" , SHAMROCK HIGHLANDS, LLC 9720 NE 120TH PLACE, SUITE 100 KIRKLAND, WA 98034 (425) 825-1955 CAM WEST REAL ESTA TE DEVELOPMENT, INC. 9720 NE 120TH PLACE. SUITE 100 KIRKLAND, WA 980:54 (425) 825-1955 CONTACT: SARA SLA TTEN TRIAD ASSOCIA TES 11814 115TH AVE NE KIRKLAND, WA 98034 (425) 821-8448 CONTACT: GERRY BUCK POR OF THE NE 1/4 OF THE SE 1/4 ik ' THE SE 1/4 OF THE: SE 1/4, ALL IN SEC. 10, nw. 23 N .• RGE. 5 E., W.M • R-5 203.720 SF (4.68 AC) 2,717 SF -" :..--'-'.- 31,250 SF 169,75:5 SF SF (3.9 AC) 5 LOTS / NET ACRE 2.8 DKfWNG UNITS / NET ACRE SINGLE FAMIL Y DETACHED 11 11 PUBLIC RESIDENTIAL ACCESS 7,200 SQ FT 60' 70' 65' ertr OF RENTON wA TER DISTRICT #90 RENTON SCHOOL DISTRICT CITY OF RENTON QWEST COMMUNICA TlONS PUGET SOUND E:NERGY PUGET SOUND ENERGY ATikT BROAi:JBAND WASTE MANAGEMENT SIDE FRONT Sf/X CORNER REAR 20' 5' 15' 25' 1 PRELIMINARY PLAT/COVER SHEET 2 PRELIMINARY GRADING PLAN, 3 PRELIMINARY DRAINAGE AND UTILITY PLAN ., TREE CUTTING AND CLEARING PLAN 5 NEIGHBORHOOD CIRCULA TlON PLAN FILE NUMBER: ENT PLANNING OEV~'?~tciF RENTON NOV 2 1\ 2004 RECEWEO © 2003 TRIAD ASSOCIATES \. TRIAD ASSOCIATES - 11814115th Ave. NE Kir1<!and. WA 98034-6923 425.821.8448 425.821.3481 fax 800A88.0756 toll free www.triadassoc.com land Development Consultants FIRST SUBYITTAL DATE: 11/12/03 SCALE: Rom, 1"=50' VIBT.: STAMP NOT VALID UNLESS SIGNED AND DATED JOB NUlIBER 01-159 SHEET NUlIBER 10F5 i ______ F .... CI) I I , ~_J LLL-LJ-I--LL-LJ_I_LL-LJ_I~ L--~~l : -1--J 1 /f 1 II I 'rT1J-'i-rT11~ r---, r=--=r---l l .11 I 1/ rtT' 1-1'-11--11-11-1 I~~ ) 1-. I -J L~ /t UJ_I~ LL~~~_LL~~.J~ :. /J.--i ~--- I ' +J ( il-rTII [ITII-IITII\ h I /" I I ------ I r--tL r-Lt-+-1-f---+--i r-i-i-f---t-i--i-\-f---t-1 I~ // AV I I ~-l ~ U_LL~~~~ LL~~~_LL~J~~ L~~~'--:-L ___ I I I II-iT!I-· iT!) rl-iTTi-I-. iTTiTrl1 1 ~ 0 Ii, . I [_._---- - . .-/. I ~I __ J, I 'I I ICI)L_~--I--I -, --I i ~----~-i"f------i I .! I : 1;1:1 I I II I I I I I~I I I I I I I I. II I 1 _________ .1 _____ 1 _____ -1 _____ 1 , I"'; I , I I--~ ~._J-,---J 'I I I ",L_l.--l-L--1_L-i ).,1 ~ ___ _JL----J I ' I I I I~ I I I I I I I I I I !---1 I I ~r-TI-ITI-1 irrT I I I I I I : . l I I I-'~ I I I ,_ j I I I I I I I I I I IlUL I I I I I I ~,~ I I I I I . I I I II~II II I I 1\ I r++--1-1 -rt--.U--1 i ICI)I -l--J-L 1-11 ~~~ I II II I I I I I I I I I I I Ill! 1-,-1-,--1 +--t ~ 1''-1" I I I I __ _ _. __ J L __ ---J---J--Bl--l---~l-LJ--l~~ll--JL-L--1~3!j~=t~: _I _l1=i~r3-L--__ l ____ L ____ J ,L ________ J~ ________ l ____ J L _____ _ 148TH AVE E . _ ----- - - -NILE AVE NE 1---I-~(--nIITTrill-Tr-!--I 00---4 ------------1 r-j Ti-illili----T----T-i (-----1- I ~~j F=-tW1LLULJ \_~ l_c:J ~ 0 10C [1 I ~---T---·----I t f-Ll-!-.lJ~ II I . I : I· I r-J 1-1--i. (11111 1 '\ \-_-1 0 L ,. -"m?£S.JE!!NTIAL I 1 ~IT-I-TI\ \i I. I I I I Ir--1 I_~ l P~I"l'()FI pI J I ~_'-I . I I [ .--1.-. --~, r-I I I I I I 1 I I I I I I r-J 1-~-1 rr;;f~~f;k'm:ir(i:,ll ~_-I I rljl '-I~.~~y,;-'---\ 1---1 l ~ rl-t-f-~ I I f-.---i I ~ I ~ •.• J F==t ~ U_"L]-' C\~\j ~=~ 1111. 1 LL..J [Cl =]Jp()f;~ f;)l~~EII--' ~-T---2) "'\ _LJ_J r-r Tl rl--:1--~· ~.==~--,- I ~_J. I_~ 1 iTTTTTj f---j . I l--j .J I I w.; r-T---r 1 I ~-L~-..L~~ly...L--1 ._J ~--~ i I \' ~_l-__ ---r--r-III-1 I I'. L~-L-f~UE -,--1 I l _I _..J L __ L--L- i v// l--__ T 11JJ1~U-Lll', . .. ,L-10J-I f/~I I J-~t:~Z;([J11 fJ ! LJ-I I~v-· -1-1 ,iiD-IL--·t::-~~/~J/~ir5//.~~iy--l-.] b ~:--l I I I i I rr--1 I ~~~AL/~· I ["'17 L-J' I I I I I I ULLJLLII~LlJ H ~-l----i---; [, ~I J I.... '-~ L_ I ~--l-r, --I - I -l I I J-l--vr I ,. I Ofl'l Hd,NE'lI' ~---I --. 1--1 ~, J ( ",j I l I f''-'''' ,-,-I ~ I I I I I I II C::J I ,----1 1---.( ') I '-/ i--i i I I I i">lllJJJJJ-l ",,"-. II' I I I I -+ I I ~--r--r---1 ~--t-1 r-.-?-T-T1Li l , '11 . I~- I; ,,-rTT-r-r-1 -: ____ ~ I I II I ' -oFiHO~EY ': iiJ,---l II 0 I ~--1 '--T--7---I I I I I I I lr-~I I I I I I I I' ! '--I ' I L_~ ___ L_ll_._L __ I __ 1_ _ _l_--L-I--L.-J L ___ L_~_ ---""0010-+-----~--1~. 1 I ,I. I ;-.1....1.......1..--.-_____ -I I ' --j ,-----r.----.J.144TH AVE BE , I I I I I leo I I I II ,-ill I' I ' r r' ' 'i I' ,i " -, ~r-· T-'- I I I I I I i~ I I L1---< /1 _+++5-1 I r--I , ____ .-J I i' I I I I I I I I I 1 I , I I I I I I ).,ir--.L-+-----1 I , . f--I -'-I 1-------1 LJ L ~ I I I I I . I I I I I I I I I I : U I ,r---,'--.l1 I I I I L_~ I i~-----+----l --' T---.l-,.LJ~-I_~t=l? I §~. -~~=l . }--=---L--J r-. i II I I I III I I ~I~ I 1---1 r-+-I!~EN1ML:f[-11 l-I ----QC ----1 I --r----I I I I I II! I I L --i--=t!lF-i-'III-II I 8 L_.-J I I I I ~i I i-~:::T! i ~-l i I: iTTil I-TTTtr i i O~C=;TI:i~T~ -~ i ;j! ~ L-J Ii. _lL-~-~-L--~--J",-~--L-~L--~~~~C~d-~-..l.L--~--l-L--~~~~~ +Iol ~.L~ I I ~_--.L J~_J-1LUl. 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I ! ,~ .... r'c i: CI) ;t I . ~ -..,; I ..... ~ ~ ~ I - I _I 140TH AVE .S "-TRIAD ASSOCIATES - 118141151h Ave. NE Kirl<land, WA98034-6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free Y/WW.triadassoc.com lanG Development Consultants ::t e <-' ~ === ~ ~ q: ~ ~ ~ .j:: (.) q: 5 0 (.) ~ e: (.) § ~ <:) ~ CI) <:) ~ :i (!) e ~ ~ :c: tIC ~ ),. .... (3 ~ ~ FIRST SUBMITl'AL DATE: 11/12/03 SCALI!: Bomz., '"=200' VERI., :: O~:~91 I I FILE NUMBER: ©2003 TRIAD ASSOCIATES _____ -6 .-----------_.----------------.--- , I i I I ..... __ J.~_ ~ ~,., .. 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'. .. • '" " - \ 1'-6" • MAILBOX LOCATION DETAIL NOT TO SCALE PROJECT INFORMATION PROJECT DEVELOPER: ENGINEER/SURVEYOR: CAMWEST REAL ESTATE DEVELOPMENT, INC. 9720 NE 120TH PLACE, SUITE 100 KIRKLAND, WA 98034 (425) 825-1955 TRIAD ASSOCIA TES 11814 115TH A VE NE KIRKLAND, WA 98034 (425J 821-8448 CONTACT: GERRY BUCK (425) 821-8448 " TRIAD AssoCIATES :.-",.,--- 11814115tll Ave. NE Kirkland, WA 98034-6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www.1riadas§Oc.com land Developm"ent COIlSl!ltants PROJErf UNDSCAPE AIlCHITErf FIRST SUllM!Tl'AL DATE: 5/25/04 SCALE: 80RlZ.: 7"=100' VIIlT.: Sfm NOT VAIJD UNLESS SIGNED AND DA'rED lOB NO. 01-159 SJlEET NO. 10F 1 ©2003 TRIAD ASSOCIATES ________ 111 -----------"--- WHEN RECORDED RETURN;Td: Office of the City Clerk Renton City Hall f055 South Grady Way Renton, WA 98065 l005122-800 IS 5L( SHAMROCK HEIGHTS II VOL/PG Z::S2 0(02 POR SE: 1/4' OF THE SE 1/4, SECTION 10, TWP. 23N., RGE 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY. AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL SmEETS AND A VENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES. AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES. AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON. INCLUDING BUT NOT LIMITED TO PARKS. OPEN SPACE. UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALL Y IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED. WAIVE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED. ANY AND ALL CLAIMS FOR DAMAGES AGAINST CITY OF RENTON. ITS SUCCESSORS AND ASSIGNS WHICH MAYBE OCCASIONED. TO THE ADJACENT LANDS OF THIS SUBDIVISION BY THE ESTABLISHMENT. CONSmUCTION. OR . MAINTENANCE OF ROADS WITHIN THIS SUBDIVISION. FURTHER AGREE TO HOLD THE CITY OF RENTON AND ANY GOVERNMENTAL AUTHORITY HARMLESS. INCLUDING THE COST OF DEFENSE. IF ANY. FROM ANY DAMAGES TO PERSONS OR PROPERTY WITHIN OR WITHOUT THIS SUBDIVISION RESULTING FROM THE ALTERATION OF THE GROUND SURFACE. VEGETATION. DRAINAGE. OR SURFACE OR SUB-SURFACE WATER FLOW. OR IN ANY FASHION CAUSED BY THE APPROVAL OR CONSmUCTION OF THIS SUBDIVISION. THIS SUBDIVISION. DEDICATION. WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. SHAMROCK HIGHLANDS LLC . A WASH~" .. /'ILI~.JED ;IAElI~bM~ANY BY: ~ ft~l!) II -- ITS: /I • ~)! {, ACKNOWLEDGMENTS STATE OF WASH(N"'T~"J .......... J l~l'T~." ,...-V 1f';1/ .... ..... UUI'l I I IJr ~~_"!....."::L-_________ _ ) SS ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT f..tJ~_tL.J;;!£'i11P6fl.~~ ____ _ SIGNED THIS INSTRUMENT. ON OATH STATED THAT l:Lc;._ WAS AUTHORIZED TO EXECUTE THIS INSTRUMENT AND ACKNOWLEDGED IT AS THE P.BJ;::3ill)~ry..r. ___________________ _ OF SHAMROCK HIGHLANDS. LLC TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DA TED LL-:3.~_Q5 _______ _ SIGNA TURE OF NOTARY PUBL~C ,.. ~~ ___ _ PRINTI;Q~~NA}!tE -::s.!...E/s/~rE-----TITLE ~g;..!._ 1J2!I __ -;?1~r~ _____ _ MY APPOINTMENT EXPIRES _.Q_-2:1.:...rul.' _____ _ STATE OF Y-JMrlrNeilllJ COUNTY OF t_lI'l~~ ______ ~_ ) SS ) I CERTIFY THAT I KN~WOR HAVE SATISFACTORY EVIDENCE THAT tt..:...1ttt>t:A6?JMU _____ _ SIGNED THIS INSmUMENT. ON OATH STATED THAT H1&_ WAS AUTHORIZEO TO EX.~CUTET!-IIS INSTRUMENT AND ACKNOWLEDGED IT AS THE ..MPIN~t:ll-~ ~~~ __ ...:..::...::._::..:...:.... __ ....:_ .. ''::''_ OF BASE CAPITOL. LLC TO BE THE FREE AND VOLUNTARY ACT OF SUCH P!\RTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DA TED jl::~~'2 _______ _ SIGNATURE OF NOTARY PUBLIC ~I)~..;..,.t:~ _____ _ PRINTED ~ME ~:::'~!...~1'""------TITLE 'V~_~..2~..an:....tEf.?.l~~ ________ _ MY APPOINTMENT EXPIRESf~~.5.:.J~Sl ________ _ STATE OF \;J ft-S I;-tH,]b;TON ) SS COU N TY OF .:6...L!Y <:3...________ ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT QDJA.~~ ... EL S O'--''.:::.~TI __ SIGNED THIS INSTRUMENT. ON OATH STATED THAT't:!l:S_ WAS AUTHOBIZED TO EXECUTE THIS INSmUMENT AND ACKNOWLEDGED IT AS THE ;;.~ lO~_~_\...~_£~~§'!J2..~_~.:~:t _______ _ OF BANK OF AMERICA TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, LUA-04-148-FP LND-10-0413 12112 115th Ave. NE Kirkland, WA 98034-6923 425.821,8448 425.821.3481 fax 8Q0.488.0756 toll free www.triadassoc.com APPROVALS CITY OF RENTON APPROVALS CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS DEPARTMENT EXA lNED AND APPROVED THIS --1;;;f-DAY OF f)t!ce!/1fI.. 20.Q5. CITY OF RENTON N{ EXAMINED. AND APPROVED THIS:<:< DAY OF ~~20.Q2, 1\~~rd)~ MAYOR ATTEST ~ ~g~t;·\. ~e.p\A.-+y CLERK OF THE COUNCIL"';~J~~;i;l; {~j'~~,~.;.\"" ~.:' CITY OF RENTON FINANCE DIRECTOR'S CERTlRCATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREON CONTAINED DEDIC~!OR STREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL THIS ~ DAY OF U m.\of'r . 20.0.5.. rD.:~ < FINANCE DIRECTOR . C KING COUNTY FINANCE DIVISION CERTIRCA TE , .. I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN ~8',..", CONTAINED. DEDICATE~RE~TS. ~LLE~R OTHER PUBLIC USE ARE PAID IN FULL. A'':'';, ,.'. THIS ~DA Y OF ~W\~O.o"s __ . <~f '\\ <'/ , I a' ~t;, ,J1. '\ S .JA '\ /1' §., c ." I,GAj ;[rEg: W\ '=Zf' 1"\1 _4'1""vr' (t/ 1'-,5 ,~"""'r' \~ ~ 0: I=! c ~~ -;?.e. :0 \ --J '. J l;;;:'" , -;Y "1# ;tj~' DEPARTMENT OF ASSESSMENTS \.. * ;;ift,ff-A~(~~:' * . ~XAM I N..:.E.....:[)::.... A::"'N::"'D:":"=r.=p P::...R-=-O::...V-ED...:....:T-HI-S:....';l.~~=,,;;;tk,.,=:D..;;A.....:Y;:..O:.:;I~.:.,V=--e-ce---Mber. 20 !:L$.. ''''~,)' ill'! ,~, ",~.# S cOTC N~ h~ ~.t eli.ic~ ... -,>~,.~'"'~ KING COUNTY.ASSESSOR DEPUTY ASSESSOR COVENANTS SEE DECLARATION OF PROTECTIVE COVENANTS FOR SHAMROCK HEIGHTS II AS RECORDED UNDER RECORDING NO.Z..Q.Q5'J~_~o.J3.5S RECORDS OF KING COUNTY, WASHINGTON' :, ,; ;.~':: . ALL LOTS AND TRACTS WITHIN THIS PLAT ARE SUBJECT TO THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION RECORDED UNDER RECORDING NO. ZQ.Q5JnaQ~L\3.5..S:._. RECORDS OF KING COUNTY. WASHINGTON. DECLARATION OF COVENANT THE OWNER OF THE LAND EMBRACED WITHIN THIS LONG PLAT. IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION. BY SIGNING HEREON COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISION THEREOF. THIS COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THE LONG PLAT. COUNTY RECORDING OFFICIAL'S INFORMATION BLOCK (WAC 332-130-050) LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF SHAMROCK HEIGHTS II IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 10, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M,. AS REQUIRED BY STATE STATUTES; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN THEREON CORRECTLY; THAT THE MONUMENTS SHALL BE SET AND LOT AND BLOCK CORNERS SHALL BE STAKED CORRECTLY ON THE GROUND. EXCEPT AS NOTED. THAT I FULLY COMPLIED WITH PROVISIONS OF THE STATE AND LOCAL STATUTES AND REGULATIONS GOVERNING PLATTING. RECORDING CERTIFICATE NICK A. YINGER. P SURVEYOR. CERTI TRIAD ASSOCIATES 12112 115TH AVE, NE. KIRKLAND. WASHINGTON 98034 PHONE: (425) 821-8448 FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS _~_ DAY OF ~~~~s: ____ . 200S'" AT _!::r~, __ MINUTES PAST ....Q..&M. AND RECORDED IN VOLUME __ 2.~ ___ OF PLATS. PAGE(S) _-1o~ __ kS: ______ , RECORDS OF KING ;~~~~~' ~:~~/~g;~~, AND ELECTIONS~' ,~::f.lI. AI It ' .l~'{4P_~"" --.'.%'-" ~, MANAGER I SUPERINTENDENT OF RECORDS PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10. TOWNSHIP 23 NORTH. RANGE 5 EAST. WILILAMETTE MERIDIAN. IN CITY OF RENTON, KING COUNTY. WASHINGTON JOB NO 01-159 SHEET 1 OF 4 < o r "--.. LJ C) SHAMROCK HEIGHTS II VOL/PG 2~Z o~~ POR SE: 1/4 OF THE SE 1/4, SECTION 10, TWP. 23N., RGE 5E., W.M. KING COUNTY, WASHINGTON LEGAL DESCRIPTION PARCEL A: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 575589.2; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10. TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON. COUNTY OF KING, STATE OF WASHINGTON. EASEMENT PROVISIONS 1. AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON, WATER DISTRICT NO. 90. PUGET SOUNJ ENERGY, VERIZON AND COMCAST AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON \HE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN 'fVHICH TO LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS. CABLE. PIPELINE AND WI~ES. WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH WATER, ELECTRIC, TELEPHONE, GAS, CABLE TV OR INTERNET SERVICE, SEWER AND WATER, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE FIESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION OF UTILITY. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, TELEPHONE OR CABLE TV SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. 2. PRIVATE DRAINAGE EASEMENT COVENANT: THE OWNERS OF PRIVATE PROPERTY WITHIN THIS PLAT ENCUMBERED WITH EASEMENTS SHOWN AS "PRIVATE", HEREBY GRANT AND CONVEY TO THE CITY OF RENTON. A MUNICIPALITY CORPORATION OF KING COUNTY. THE RIGHT BUT NOT THE OBLIGATION TO CONVEY OR STORE STORM AND SURFACE WATER PER THE ENGINEERING PLANS APPROVED FOR THIS PLAT BY THE CITY OF RENTON, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS), TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF OBSERVING THAT THE OWNERS ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES CONTAINED THEREIN. THE OWNERS OF SAID PRIVATE PROPERTY ARE RESPONSIBLE FOR OPERATING, MAINTAINING AND REPAIRING THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT AND ARE HEREBY REQUIRED TO OBTAIN ANY REQUIRED PERMITS FROM THE CITY OF RENTON PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES. PONDS ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EAS~MENT. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE PROPERTY, TriEiR HEiRS, SUCCESSORS AND ASSiGNS. 3. CITY OF RENTON DRAINAGE EASEMENT AND COVENANT: ALL DRAINAGE EASEMENTS WITHIN THIS PLAT NOT SHOWN AS PRIVATE ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOFI THE PURPOSE OF CONVEYING, STORING, MANAGING AND FACILITATING STORM AND SURFACE WATER PER THE PLANS APPROVED FOR THIS PLAT BY THE CITY OF RENTON, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS (INGRESS AND EGRESS) TO ENTER SAID DRAINAGE EASEMENT FOR THE PURPOSE OF INSPECTING, OPERATING, MAINTAINING, REPAIRING AND IMPROVING THE DRAINAGE FACILITIES CONTAINED THEREIN. NOTE THAT EXCEPT FOR THE FACILITIES WHICH HAVE BEEN FORMALLY ACCEPTED FOR MAINTENANCE BY THE CITY OF RENTON, MAINTENANCE OF DRAINAGE FACILITIES ON PRIVATE PROPERTY IS THE RESPONSIBILITY OF THE PROPERTY OWNER. THE OWNERS OF SAID PRIVATE PROPERTY ARE REQUIRED TO OBTAIN WRITTEN APPROVAL FROM THE CITY OF RENTON AND ANY REQUIRED PERMITS FROM RENTON DEVELOPMENT SERVICES PRIOR TO FILLING, PIPING, CUTTING OR REMOVING VEGETATION (EXCEPT FOR ROUTINE MAINTENANCE SUCH AS LAWN MOWING) IN OPEN VEGETATED DRAINAGE FACILITIES (SUCH AS SWALES, CHANNELS, DITCHES, PONDS, ETC.) OR PERFORMING ANY ALTERATIONS OR MODIFICATIONS TO THE DRAINAGE FACILITIES CONTAINED WITHIN SAID DRAINAGE EASEMENT. THIS EASEMENT AND COVENANT IS INTENDED TO FACILITATE REASONABLE ACCESS FOR THE OPERATION, MAINTENANCE, REPAIR AND RECONSTRUCTION OF THE DRAINAGE FACILITIES. THIS EASEMENT AND COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PRIVATE PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. 4. A PRIVATE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, VERIZON, COMCAST, (OTHER PRIVATE UTILITIES). AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE STREETS, ALLEYWAYS AND PRIVATE DRIVES AND, THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS AND 5.00 FEET PARALLEL WITH AND ADJOINING ALLEYWAYS AND PRIVATE DRIVES. FURTHER EASEMENTS ARE RESERVED OVER PRIVATE LANDS FOR VAULTS, PEDESTALS AND RELATED FACILITIES ("VAULT EASEMENTS") ADJACENT TO THE 5-FOOT WIDE UTILITY EASEMENT RESERVED IN THE PRECEDING SENTENCE AS FOLLOWS: THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5-FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS-BUILT VAULT(S). THE NUMBER AND LOCATION OF VAULT EASEMENTS WILL BE "AS INSTALLED" DURING THE UTILITY'S INITIAL INSTALLATION OF FACILITIES. THE EASEMENTS ARE RESERVED AND GRANTED IN ORDER TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES, WIRES, VAULTS AND PEDESMLS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE, GAS, TELECOMMUNICATIONS. DATA TRANSMISSION, STREET LIGHTS AND UTILITY SERVICE TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT. OR FOR TELEPHONE, CABLE TELEVISION, TELECOMMUNICATIONS OR DATA TRANSMISSION USES SHALL BE PLACED OR PERMITTED TO BE PLACED WITHIN THIS EASEMENT UNLESS THE SAME SHALL BE UNDERGROUND. NO PERMANENT STRUCTURE SHALL BE PLACED WITHIN THE EASEMENTS WITHOUT PERMISSION FROM EASEMENT OWNERS. ACCESS EASEMENT WITNESSETH THAT SAID GRANTOR(S), FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, ACROSS, AND UPON THE PRIVATE DRAINAGE EASEMENTS SHOWN ON THE FACE OF THIS PLAT, PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON, A MUNICIPALITY CORPORATION OF KING COUNTY, FOR THE PROJECT KNOWN AS SHAMROCK HEIGHTS II FOR THE CITY OF RENTON AS GRANTEE. TO ENTER UPON SAID EASEMENT(S) FOR THE PURPOSE OF OBSERVING AND INSPECTING THE FACILITIES TO ASSURE THAT THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS, ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT AREA(S). THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE BINDING UPON THE GRANTOR(S), ITS HEIRS, AND ALL SUBSEQUENTIAL OWNER(S) THEREOF, FOREVER. RESTRICTIONS NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. . LUA-04-148-FP LNO-10-0413 GENERAL NOTES 1. INSTRUMENTATION FOR THIS SURVEY WAS A 1 MINUTE THEODOLITE AND ELECTRONIC DISTANCE MEASURING UNIT. PROCEDURES USED IN THIS SURVEY WERE FIELD TRAVERSE, MEETING OR EXCEEDING STANDARDS SET BY WAC 332-130-090. 2. PROPERTY CORNERS SHALL BE SET AS FOLLOWS UNLESS OTHERWISE SPECIFIED. A) SET 1/2" x 24" REBAR WITH CAP "LS NO. 19586" ON LOT AND TRACT LINES 20 FEET FROM THE FRONT LOT AND TRACT CORNERS. B) LEAD AND TACKS ON CONCRETE CURB AT THE EXTENSION OF THE SIDE LINES OF THE LOTS AND TRACTS. C) SET 1/2" x 24" REBAR WITH CAP "LS NO. 19586" AT ALL REAR LOT AND TRACT CORNERS. D) STANDARD CITY OF RENTON MONUMENT IN CASE TO BE SET AS INDICATED. 3. THE STREET TREES SHALL BE OWNED AND MAINTAINED BY THE ABUTTING LOT OWNERS OR THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION. 4. RESTRICTIONS FOR SENSITIVE AREA AND SENSITIVE AREA BUFFERS: THE SENSITIVE AREA TRACT/SENSITIVE AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/SENSITIVE AREA AND BUFFER THE OBLIGATION. ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON. TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER. THE VEGETATION WITHIN THE TRACT/SENSITIVE AREA AND BUFFER MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE RENTON DEVELOPMENT. SERVICES OR ITS SUCCESSOR AGENCY, UNLESS OTHERWISE PROVIDED BY LAW. 5. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION AND ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY. CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. 6. ALL BUILDING DOWN SPOUTS, FOOTING DRAINS, AND DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES DIVISION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. 7. TRACT "E" IS A NATIVE GROWTH PROTECTION AREA TRACT AND IS HEREBY CONVEYED TO THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION AND SHALL BE MAINTAINED BY THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION. 8. TRACT "R" IS A DRAINAGE AND UTILITY TRACT, HEREBY CONVEYED TO THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION AND SHALL BE MAINTAINED BY THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION. 9. THE 15' PUBLIC UTILITY EASEMENT OVER PORTIONS OF LOTS 4, 5 AND 6 IS HEREBY CONVEYED TO THE CITY OF RENTON UPON RECORDING OF THIS PLAT. 10. THE 26' PRIVATE UTILITY AND ACCESS EASEMENT OVER PORTIONS OF LOTS 4 AND 5 IS FOR THE BENEFIT OF LOTS 5 AND 6. THE OWNERS OF LOTS 5 AND 6 SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE FACILITIES LOCATED THEREIN. 100. A 26' WIDE FIRE ACCESS EASEMENT OVER PORTIONS OF LOTS 4 AND 5 IS HEREBY CONVEYED TO THE CITY OF RENTON UPON THE RECORDING OF THIS PLAT. 11. THE 10' PUBLIC STORM DRAINAGE EASEMENT OVER PORTIONS OF LOTS 6, 7 TRACT R AND TRACT E IS HEREBY CONVEYED TO THE CITY OF RENTON UPON THE RECORDING OF THIS PLAT. 12. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN LOT 8 IS FOR THE BENEFIT OF LOT 9. THE OWNERS OF LOT 9 SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOT 9. 13. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN LOTS 34, 35. 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND WITHIN LOT 11 OF THIS PLAT IS FOR THE BENEFIT OF LOTS 33, 34, 35, 36 AND 37 OF THE PLAT OF SHAMROCK HEIG~ITS I AND LOT. 11 OF THIS PLAT. THE OWNERS OF LOTS 33. 34, 35. 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS AND LOT 11 OF THIS PLAT SHALL BE RESPON;~iaLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOTS 33, 34. 35, 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. 14. THE PRIVATE STORM DRAINAGE EASEMENT WITHIN LOT 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND WITHIN LOT 11 OF THIS PLAT IS FOR THE BENEFIT OF LOTS 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. THE OWNERS OF LOTS 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS AND RECONSTRUCTION OF THAT PORTION OF THE PRIVATE STORM DRAINAGE SYSTEM SERVING LOTS 36 AND 37 OF THE PLAT OF SHAMROCK HEIGHTS I AND LOT 11 OF THIS PLAT. 15. THE SANITARY SEWER EASEMENTS SHOWN HEREON ARE CONVEYED TO THE CITY OF RENTON UPON THE RECORDING OF THIS PLAT. 16. UPON THE RECORDING OF THIS PLAT, TRACT E AND TRACT R. A NATIVE GROWTH PROTECTION AREA TRACT AND STORM DETENTION TRACT, RESPECTIVELY, ARE HEREBY GRANTED AND CONVEYED TO THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION. ALL NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACTS WILL BE THE RESPONSIBILITY OF THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION. IN THE EVENT THAT THE THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION IS DISSOLVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS. AS EVIDENCED BY NONPAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN (18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN THE TRACTS PREVIOUSLY OWNED BY THE SHAMROCK HEIGHTS HOMEOWNERS ASSOCIATION AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES. 17. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY FOR ELECTRICAL LINES RECORDED UNDER RECORDING NO. 8807220453. 18. THIS PROPERTY IS SUBJECT TO EASEMENTS AND THE TERMS AND CONDITIONS THEREOF GRANTED TO THE CITY OF RENTON FOR UTILITIES AND DRAINAGE AS CONTAINED IN DOCUMENTS RECORDED UNDER RECORDING NO.'S 8711300921, 20010116000506, 20010426000236, 8711300922, 20010116000507, 20010426000237, 8711300920, 20010116000508 AND 20010426000238. SAID EASEMENTS ARE HEREBY RELEASED UPON THE RECORDING OF THIS PLAT. 19. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO KING COUNTY FOR UTILITIES AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 5767638. 20. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY FOR ELECTRICAL LINES AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 8805310868 AND 8807220452. 21. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 305589. (THE DESCRIPTION CONTAINED IN THE DOCUMENT IS NOT SUFFICIENT TO DETERMINE THE EXACT LOCATION OF THE EASEMENT.) 22. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY FOR POWER AND LIGHT POLES AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 2794410. (THE DESCRIPTION CONTAINED IN THE DOCUMENT IS NOT SUFFICIENT TO DETERMINE THE EXACT LOCATION OF THE EASEMENT.) 23. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO THE CITY OF RENTON FOR A TEMPORARY TURNAROUND AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 20020228001893. SAID EASEMENT SHALL BE TERMINATED UPON RECORDING OF THIS PLAT. 24. THIS PROPERTY IS SUBJECT TO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS GRANTED TO KING COUNTY AS CONTAINED IN DEED RECORDED UNDER RECORDING NO. 5755891. 25. THIS PROPERTY IS SUBJECT TO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS GRAN'TED TO KING COUNTY AS CONTAINED IN DEED RECORDED UNDER RECORDING NO. 5755892. 26. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO KING COUNTY FOR PUBLIC ACCESS AND UTILITIES AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 20051122000227. 27. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTED TO KING COUNTY FOR STORM DRAINAGE FACILITIES AS CONTAINED IN DOCUMENT RECORDED UNDER RECORDING NO. 20051122000226. JOB NO 01-159 SHEET 2 OF 4 12112115th Ave. NE Kirkland, WA 98034·6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www.triadassoc.com < o I ~ lJ C) I i FOUND MONUMENT 1.5" BRASS DISC IN CQNCRETE IN CASE SHAMROCK HEIGHTS II POR SIE 1/4 OF THE SE 1/4, SECTION 10, lWP. 23N., AGE 5E., W.M. ~ FOUND 3" BRASS DISC IN 4"X4" CONCRETE MONUMENT 0.3' A130VE GRADE (11-16-00) t KING COUNTY, WASHINGTON VOL/PG 2~2-0&4 (l1-H~··_ -+-N88'19'59"W 2649.21' SE 120TH ST. -111 10i~. \ LUA-04-148-FP LND-10-0413 w Ol ID CXJ o a o z I . o -co r--- j;) I . o IX) r--- ~ n 1324.61' SCALE: 1" = 200' o 1 00' 200' 400' .' -'~.~-~' BASIS OF BEAfINQS N88'21'07"W AI.ONG THE SOUTH LINE 0::-THE SOUTHEAST QUARTER -OF SECTION 10, TOWNSHIP 23N., RANGE 5E., W.M. ----.--'--'- SECTION 10, TWP. 23E., RGE 5N., W.M. FOUND PUNCH MARK IN 3.5" BRASS DISC AT SURFACE CITY OF RENTON MON. #1851 SECTION BREAKDOWN N.T.S. BEARS N88'22'19"W, 2623.89' (MEAS.) FROM CITY OF RENTON MONUMENT #1852 N: 509065.00 E: 1642105.14 ------.. _---1.321.29' FOUND NORTH QUARTER CORNER 15-23-5 A PUNCH MARK IN 3" BRASS SURFACE MONUMENT (10/27/00) N. 507779.44 E. 1665846.78 N88"21 'OY"W + FOUND SECnON CORNER AS NOTED C:::():::::J FOUND QUARTER CORNER AS NOTED - w -.q-• i'-. ID I .~ r' n ~ r 1"1 0 ~-O -.q-- ID_ -z 5~ S88'20'50"E 33053' TRACT E I 10 11 / \... "" " r-. I' to 7 8 9 1 r-CD- 2 '-, ~ 6 5 4 (3 • C'I C'I ":.:t-r-. 0 0 If) TRACT R 330,34' j N88'21'07 W - - - . ·42.00:J "--'-2642.58' -._---. 1324.60' ---- ._--. --------- en to cD ...... CD ~ !ve/ 0<tJ i!;;; ~ • <-& to iJ'~ C'I g;; It) , in ~I? r 0 2/ 0 -4 If) /42.01' [,/~ 660,65 , NE 4TH STREET FOUND PUNCH MARK IN 3" BRASS SURFACE MONUMENT (11-16-00) CITY OF RENTON CONTROL NETWORK MONUMENT #1852 JOB NO 01-159 SHEET 3 OF 4 N: 507704.94 E: 1668469.60 12112 115th Ave. NE Kirkland, WA 98034-6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www_triadassoc.com I~ -r' ,-- '1") I~ r---I L!) r'- N - ~I (!J L!) .,f -+~ I") (!J N w (!J I") r--- ~ a 0 z w (IJ W ::> Z W > c( J: l-co ~ "'"' < o r ~ IJ GJ 1023059069 UNPLAlIED FOUND 3/4" IRON PIPE 0.1' SOUTH OF PROPERTY CORNER 10' PUBLIC STORM EASEMENT SEE NOTE 11, SHEET 2 10' PUBLIC STORM EASEMENT SEE NOTE 11, SHEET 2 1023059041 SHAMROCK HEIGHTS II POR SE 1/4 OF THE SE 1/4, SECTION 10, TWP. 23N., RGE 5E., W.M. KING COUNTY, WASHINGTON 194.49 WETLANDS L77 \ \ \ \J ~'----\.1, ~ ! L7~ TRACT E NGPA SEE NOTES 4 & 7, N89'44'34"W 111.80' SHEET 2 ~-;';"::'::""':"';""::;"':""8"':":9-.5-4-:-' ---''':''':'':';~-.,.-,...---I l-10' IN f'. Jrri I") 1- '18.01 . N C74 CB6 b o z N.G.P.E. ..-::,/ L104 ___ --.J.... ~ ---C~~ 0 '062 L103 :rl 10 14811 ----------- 875 44,67 PUBLIC ACCESS AND UTILITY EASEMENT -SEE NOTE 26 ON I") L=51.22' SHEET 2 OF 4 ;-. L57 L=46.59' 6=5'20'21" /It--o-~'''''''::::R~=500. 00' 6=5'52'0.8" 0/ N88'21'07"w ~ R=50o.-00' ~ • ----100.00 N o ('.j -q- 17.37 . N I-- I I I I I ~I ~ I 7 C79 ~ 1/ 153511 10' I- I I I la' ~ 'io-q-N-q- loO ,01 o ~ o Cf) NE 4TH CT 8 /53571 L46 ~ : <0 ~ NL!) lo('.j ~ 01 b ~ o Cf) 39.86 9 153651 ----. Cd' \~ 1 I I I ~ r-: !Xl G\J I ~ t-~~~6~0~.3~5~--~r_-~~50~.~00~~~--~-----~7~4~.0~0~--_+~ I -NS9'17'06"W N89'17'oe"W N89'17'06"W <0 .,.... <0 ~I ~I ~ ~I ~ I ~ I .,.... 6 /4071 ~ 'ic o 0/ -q- loci ,I") o ~ o Cf) 5 14111 ~ 'icc 0/ ... loci ,I") o~ o Cf) 4 14151 I I , ,~ ci I~ I sHAMROCK HEIGHTS I 330.53' 1 . 21' 1 I 1 1 l' 1 12 1 I I 1 1 : • 1 10' 1 ~I 1 .1 ®j ~Io 1 <01 ~ 1 1 !Xl 110'J.... f'. 1 I ~ 1 \ I • I I fDf'.l· .N ~ I l()-q-I ,I") I o ~ I &l I 11 I I~ 12 I 10' PUBLIC STORM I DRAINAGE EASEMENT -SEE NOTE 27 ON SHEET 2 OF 4 I ~-=~~~---I -'"\ I I I I I I I I 1 I /1 1'------59.87 "-- I I I I I I I I -I -i--'--~ I \ I I I L ____ I . 01 I \ : t~----~~~~~----~~--~=-~ I 1\ I 1 :-, I 10' PUBLIC STORM I ~i i l<'~~-/ 21' 121' : 'DRAINAGE EASEMENT II-SEE NOTE 27 ON : :..., SHEET 2 OF 4 I I ~ 1 ~ I I OJ . I I'" § ~ I , b ~ I 94.00 o I~'----~~~--------~-- (f) I N89'17'06"W 1 110' 1 0' I I. ,CD , w z w > < -0.. <C en t--~ ~ : COIl() .01 0 1 I-q- 1 1 ~ I I !Xl I I'" I I 1 I I I I I I I I I I I I I I I !_I 1 1 \ I I r-- I : N89'44'34"W ~ 60.00 55.00 !Xl S89'17'06"E '-""""""L5::-:'9 ~ I 3 14121 10' 39 1023059363 UNPLAlIED TEMPORARY EASEMENT TO CITY OF RENTON REC. NO. 20020228001893 TERMINATED UPON RECORDING OF THIS PLAT 40 --\,0'-C~ ~'O/ 11 ° ~ \J'-t\ \' If;) \ ~ 1,.0'6< '>I0\" 41 LOT AREA TA8I E SQ. FT. LOT 1 = 7,544 LOT 2 = 7,500 LOT 3 = 7,926 LOT 4 = 10,315 LOT S = 8,364 LOT 6 = 8,409 LOT 7 = 7,201 LOT 8 = 7,324 LOT 9 = 8,773 LOT 10 = 7,641 LOT 11 = 10,379 ROW AREA= 31,710 TRACT E = 14,431 TRACT R = 66,203 TOTAL = 203,720 ACRES 0.17 0.17 0.18 0.24 0.19 0.19 0.17 0.17 0.20 0.18 0.24 0.73 0.33 1.52 4.68 SCALE: 111 = 40' o 20 40 80 I~~I ~!_ ..... ! BASIS OF 8EAAtKl8 N88'21'07"W ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23N., RANGE SE., W.M. I L.EGeD o MONUMENT TO BE SET LOT CORNER TO BE SET FOUND LOT CORNER AS NOTED LOT ADDRESS NGPA NATIVE GROWTH PROTECTION AREA N.G.P.E NATIVE GROWTH PROTECTION EASEMENT 10' PUBLIC UTILITY EASEMENT SEE EASEMENT PROVISION 1, SHEET 2 I I I -b 'P c:i o en o 10' PRIVATE STORM EASEMENT SEE NOTES 12-14, SHEET 2 10' PUBLIC STORM EASEMENT SEE NOTE 11, SHEET 2 TRACT B '\ LUA-04-148-FP LND-10-0413 o C/) I +- I 15' 60.30 21' 60.00 (f) 15' PUBLIC SEWER EASEMENT SEE NOTE 15. SHEET 2 ~ • <0 C'I in 'LINE TABl..E 43 I I I I I I I S89'17'06"E ------ r o o C/) LINE L46 L47 L48 L57 L58 LS9 LENGTH 5.48' 13.00' 13.00' 17.69' 9.00' 9.00' BEARING N88'21'07"W SOO'15'26"W SOO'lS'26"W S88'S2'S4"E N89'44'34"W S89'44'34"E S72'20'18"E N82'2S'S6"E N65'48'3S"E N89'SS'35"W N74'54'54"E N89'25'39"W N4T16'40"E N88'21 'o7"w N74'54'54"E N89'2S'39"W N4T16'40"E I 10' r 15' PUBLIC UTILITY EASEMENT SEE NOTE 9, SHEET 2 26' PRIVATE UTILITY AND ACCESS EASEMENT SEE NOTE 1 0, SHEET 2 26' FIRE ACCESS EASEMENT SEE NOTE lOa, SHEET 2 -----------, I I I I I 1 I 44 L60 16.38 L75 L76 L77 L78 L79 L80 21.43 26.54 30.42' 33.83' 26.33' 13.17 I I I ~I ~I ~I TRACT R UTILITY & DRAIN ESMT. r-t----5S' ---'-~'" LI01 9.00 L102 26.95' L1 03 19.4S' L104 4.53' I I I I I STORM [))ETENTION TRACT SEE NOliE 8, SHEET 2 NOTE: TRACT R IS ALSO SUBJECT TO PUBLlIC STORM DRAINAGE EASEMENT -SEE NOTE 27 ON SHEET :2 OF 4 TO CITY OF RENTON ~ REC. NO. 8'111300922, 1200' 20010116000507 AND 20010426000237. I TO BE RELEASED UPON I RECORDING OF THIS PLAT. I I I I I 5' X 40' UTILITY & DRAINAGE EASEMENT I 10' X 230±' ELECTRIC TO CITY OF RENTON REC. NO, 8711300920, I I I I I REC. NO. 8807220453 RELEASED UPON RECORDING OF THIS PLAT. I EASEMENT TO P.S.P,L. \ 20010116000508, 20010426000238. TO BE 10' +r--------[----------------===== J--~;;=--r-_ --I N8B021'07"W 3' 3' X 240±' UTILITY EASEMENT TO KING COUNTY REC. NO. 5767638 5' X 330±' UTILITY & DRAIN EASEMENT TO CITY OF RENTON REC. NO. 8711300921, 20010116000S06, 20010426000236. TO BE RELEASED UPON RECORDING OF THIS PLAT. NE 4TH 8T • I 81 ~I I I 45 10' X 100±' ELECTRIC EASEMENT TO P.S.P.L. REC. NO. 880S310868 & 8807220452 -"- 12112 115th Ave. NE Kirkland, WA 98034·6923 425.821.8448 425.821.3481 fax 800.488.0756 toll free www.triadassoc.com JOB NO 01-159 SHEET 4 OF 4 CURVE C74 C75 C77 C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 CURVE TABLE LENGTH 44.64' 33.35' 52.64' 54.13' 43.04' 5.51' 49.05' 54.13' 52.64' 39.27' 39.27' 20.02' 6.56' 37.78' RADIUS 479.00' 521.00' 33.00' 3S.00' 521.00' 521.00' 479.00' 35.00' 33.00' 2S.00' 25.00' 521.00' 50.00' 50.00' DELTA 6=5'20'21" 6=3'40'02" 6=91'23'27" 6=88'36'33" 6=4'44'00" 6=0'36'21" 6=5'52'08" 6=88'36'33" 6=91'23'27" 6=90'00'00" 6=90'00'00" 6=2'12'06" 6=7'30'50" 6=43'17'41 00 < o r ~ u GJ