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HomeMy WebLinkAboutLUA02-085 . ` 4I SHEET, OF 4 HERITAGE RENTON HILL LU�A'02-085-FP BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON Ili • FOLIO PI1OMAENT r BIILSS 09I N IOIILEIa CASE(1/02) FOLIO LEA)NO TACK ON IRE(1/02) FOLIO RMA■OP GI LIE(1 `\�',"'.yam''u,, RPM ROM w/CAP IENTCN COERCE PT.µµle A HEW 2,ronL Pr.µ94IS 1 RAILO rem(ND Mr1 .ON NNE(I/01) FO ND NOLAAENS N CASE N.1/4 C17NA SEC) 10 \ON III /O?) . /1/0'RNSS PN SET x Cat(1/ N MID 2. I C D6(1 2) k' I I \\ �::: /// 0.10'IORD1 O SECRN at(1/OQ) N INOIN111ENf CASE(1/02) \\ 1 Ai I 1I^r•r- 'Ul R: DY`^ u ,n, fAlvvE 3 iv vE..5i�..;,`7... .,� yv� 18 -1 5RSV38t 2881A11c) -8,-3TH-8TREET 58956�361 9;9.64'�N89S6'37>;Y 929.64'(ROS Nerpseasw 2ssoa(c) 17 16 102T.16'(M) P . � 17a9-ae'(c) 19 �20 ��5VW TRACT A [38 37 38 35 34 33 32 1t AND Rmw W/CAP 20i 21 NDRDMES7 aTaER SECIEN 20 IRE u 1� 1 31 ate NwESf BASEa NORTHEAST CY)INR SECTOR 20 ( � ) SE,8TH PLACE COW(1 ) (CALCULATE M I ON) SD1'S1'121Y I rr ry 33.13'(ROS) '��� C LV L.'I Ii.V ROAD le UU T FASOEM '�j�. © \®40�����r• 29 NEC.AS 9108190683 ; I � 28�`-- ,I 4, 'E.8TH STREET 28 co g�` t�aOII , 7 8 9 10 11, 25 i -,('i .111110 13 12 23 ,x_,,-N'' „ K 'x.4L.Alm) 22 *-2>nct"" ... RENTON NIII21 5,....1 20 Ls4k. !, _ Lc" 18 C6 ratio I®R W `IDS I• . FOUND IEBNR W OP A ,�` Y 25 YAD \�Y RAT NOTES 1. THE ARTICLES OF INCORPORATION FOR THE HERITAGE RENTON HILL HOMEOWNERS'ASSOCIATION IS ON FILE WITH THE STATE OF WASHINGTON IN OLYMPIA. 2. TRACT•A•IS A DRAINAGE FACILITY TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. 3. TRACT•B•IS A RECREATION SPACE TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED IN NOTE I.ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. TRACT'B•IS NOT CONSIDERED A LOT OR BUILDING SITE FOR THE PURPOSE OF RESIDENTIAL DWELLING CONSTRUCTION. N 4. TRACT•C.IS A PRIVATE STREET FOR THE BENEFIT OF LOTS 13,14 AND 15 AND AN EMERGENCY ACCESS TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED IN NOTE 1,ABOVE,FOR OWNERSHIP AND11 MAINTENANCE PURPOSES. IN ADDITION,A UTILITY EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON OVER THE ENTIRE TRACT C. .A,. 5. TRACT•D•IS A LANDSCAPE TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED TL IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. W\ %E 6. ALL WATERLINE EASEMENTS(WLE)AND SANITARY SEWER EASEMENTS(SSE)ARE HEREBY CONVEYED TO THE CITY .. OF RENTON FOR THE PURPOSE OF SERVING THIS SUBDMSION AND OTHER PROPERTY WITH WATER SERVICE. ALSO d SEE EASEMENTS AND RESERVATIONS",ON SHEET 2 OF 4. 7. ALL UTILITY EASEMENTS(GE)ARE HEREBY RESERVED EQUALLY TO ALL UTILITIES,BOTH PUBLIC AND PRIVATE.FOR OWNERSHIP AND MAINTENANCE PURPOSES. S Y 8. ALL PRIVATE STORM DRAINAGE EASEMENTS(PSDE)ARE HEREBY CONVEYED EQUALLY TO THE LOT OWNERS WHO $ WOULD BENEFIT FROM THE EASEMENT FOR OWNERSHIP AND MAINTENANCE PURPOSES. 0 100 200 400 l= ii 9. ALL PUBLIC STORM DRAINAGE EASEMENTS(SSE)ARE HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED N Pli IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. ALSO SEE DRAINAGE FACILITIES NOTE,ON SHEET SCALE 1•-200' 2 OF 4. 10. ALL DRIVEWAY EASEMENTS(OWE)ARE HEREBY CONVEYED EQUALLY TO THE LOT OWNERS WHO WOULD BENEFIT FROM THE EASEMENT FOR OWNERSHIP AND MAINTENANCE PURPOSES. LEGpp 11. THE LANDSCAPE AND MONUMENT EASEMENT(LME)SHOWN ON SHEET 3 IS HEREBY CONVEYED TO RIVER RIDGE o� SECTION CORNER CHLSR,ATED POSIION HOMEOWNERS'ASSOCIATION FOR PURPOSES OF INSTALLNG AND MAINTAINING ENTRY MONUMENT SIONAGE,LANDSCAPING ° ( ) $ AND IRRIGATION FOR THE RIVER RIDGE PUT. ..o. FOUND QUARTER COWER AS NOTED 12. THE ACCESS EASEMENT(HE)SHOWN ON SHEET 4 IS HEREBY CONVEYED TO THE OWNER OF TAX LOT NUMBER B FOND MONUMENT AS NOTED Zi 202305-9058 FOR INGRESS AND EGRESS. (C) DIMENSION CALCULATED FOR THIS SUFNEY AND DATED OCTOBER 29,2001E ANDPAALLLL SUPPLEMENTS THEED BY FIRST REOF WERE REL TITLE I ED EUPON COMPANY, FOR RECORD ITEMS NO.AFFECTING THIS 9-1 (M) DILEN90111EASLRED FOR M9 SURVEY SUBDIVISION. ACCORDING TO THESE DOCUMENTS,THE FOLLOWING ITEMS AFFECT THIS SITE: ( ) MOWN CITED OF SURVEY MEAD 00MW4. AND ASSOCIATES,REC.NO.200003.30900003 0 A AN EASEMENT INCLUDING THE TERMS AND PROVISIONS CONTAINED THEREIN GRANTED TO RENTON SCHOOL DISTRICT AS RECORDED UNDER RECORDING NO.9108190683. 4 ` JOB NO. 7797 5 RECORDING CERTIFICATE LAND SURVEYOR'S CERTIFICATE HAEL� Barghausen FILED FOR RECORD AT THE REQUEST OF THE CITY Of RENTON HEREBY CETNIIFY TINT THIS PLAT OF HERITAGE RENION HILL 5 A� hp ,r^ THIS _ DAY OF 200�AT MINUTES BASED UPON AN ACTU4 SURVEY AND SLIBOMSION OF SECTION 20, 4 OT SN, F Consulting E n g i n e e r s,I n c. 'b� PAST .M.IN VOLUME_OF PUTS AT PAGES TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,THAT THE COURSES 5...,..!' n ,RECORDS OF KING COUNTY,WASHINGTON. AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE P. r lI Civil Engineering,Land Planning,Surveying,Environmental Services MONUMEOOS WILL EE SET AND THE LOT AND BLOCK CORNERS STAKED < 18215 72nd Avenue South Kent,WA 98032 2$5 DMSION OF RECORDS AND ELECTIONS CORRECTLY CN THE GROUND AID THAT I HAVE FULLY COMPLIED o. ,, I Telephone: (425)251-6222 Fax: (425)251-8782 WITH THE PIROVISIONS OF THE PLATING REGULATIONS. -0 oNA ��ZA, , PORT. NW1/4 OF NE1/4, SEC,20,T23N•R5E,w,i�,Y Mvi1GER SUPERBIIENDOIT OF RECORDS F. HOTES,Pts N0. , L.>rt+c5 �65`3o-oaf SHEET 1 OF 4 4 SHEET 3 OF 4 HERITAGE RENTON HILL iNo-w2 5-FP BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON ,, , f, Go `, \� `\ / 9 , 477P \�. ` i ,, SM56M'E 1 I \ `�--� I E 2 3 ( i S. 7TH ' F 1 V R �,,; vGal-, ER H V E VOL..v4. v -,v STREET t mew 3 W56161 929.64'a /� \ Sa45 42 9- 311a7o \ qJ� ' idia- ;' D u i 1s'LANDSCAPE MFA� f \ \ § I \ t LA TRACT A a8 w ol.• � STORM DRAINAGE TRACT y • ` 4'�11� c`,A C 15'WLE+I - y \ $ q \ 4 312.97 1 ) b y„ \ a,r J 6P 8.E. 8TH PLACE 599.75"' 30 30 &,� \y ♦J 4 657. _ 179.92' _AC -4W.B4, '� ). 'g', t r 1 I 44 37.64' y3 \ 107.56 2114 US l e, TRACT D �� �'1 o `\ �o• LANDSCAPE TRACT yN� \a�,4H \�hry $ 's \ry1 \ or 9 'tb\ MEM aa� $ l o LLI j •\\ \ 04 tt'• 'ON'Ct. 11 \Fti 0 �. �. 4P LU y GO I „ ,. .. L. Li r A „ a q�. I 17131 , P o 4 41)- 9Q,1 9.1- lei `r 117191 u� A 4AJ../ N \ \a �� 5 q.7,o.ao ` . N. I 17251 y9 CO _ cr I 18031 W W ;E \ '\4krp � _ p j sc;ks ll :<56'37-E LU W LLI 0 25 50 100 \\ CO \ 4 SCALE:1'=50' LEGEND \ Y. -o- FOUND QUARTER CORNER(SEE SHEET 1 FOR DESCRIPTION) \ 9 FOUND NONUIEW(SEE SLEET 1 PER DESCRIPTION) \ • KING COUNTY STANDARD ROOD MONUMENT TO `\ BE SET/S CONSTRUCTION 6 CONREIED - OLE PUBLIC WATERLINE EASEMENT (SEE PUT NOTE 6,SHEET I) SCE PUBLIC STORK DRNNAGE EASEMENT o (SEE PUT NOTE 9,SHEET 1) PSDE PRNATE STORM DRAINAGE EASEMENT $ (SEE PUT NOTE 8,SHEET I) LME LANDSCAPE AND MONUMENT EASEMENT (SEE PUT NOTE 11,SHEET 1) r-I ADDRESS AS PROVDED BY THE CITY OF RENTON E SHE TABLE UNE LOT NO. LENGTH BEARING o LI CL ROAD 38.01' S0003'23n6 L2 CL ROAD 27.56' S0003'23'R L3 CL ROAD 10.45' 500'03'23 N CARVE TABLE CLINE LOT NO. LENGM RADIUS DELTA 'TNIOOWT JOB NO.7797 i Cl TRACT A 49.51' 25.00' 113'27'34'38.10' C2 NWT 45.38' 57.00' 4536'57" 23.97' Cr4AEL h, Barghausen ', C3. TRACT D 85.19' 106.98' 4637'26' 45.00' ,, O 04 WT, 38.59' 25.00' 8626'43 24.33' 4. \OFpNi''11 % Consulting Engineers,Inc. C5 LOT 1 12.71' 76.00' 734'59• 6.37' j.1`'i Civil Engineering,Land Planning,Surveying,Environmental Services lb LOT 2 36.52' 76.00' 2732'09• 18.62' 417 18215 72nd Avenue South Kent,WA. 98032 C7 LOT 4 1.06' 171.00' 021'21' 0.53' 9 o Telephone: (425)251-6222 For (425)251-8782 lb LOT 5 60.53' 171.00' 2016'47• 30.58' %?Li,. .30582, ,� , _PORT.NW1/4 OF NE1/4,SEC.20,T23N-R5E,w.M. _C9 LOT 8 48.96' 171.00' 1624'19' 24.65' Nam' s si ISTCRC SJQ THOSE LOT LINES INTERSECTING CURVED O,P4 9 C10 TRACT A 11.17' 125.00' S09'S8' 5.64' LOT LINES OR RIGHT-OF-WAY LINES NOT L LAND e`( 4 \ NOTED AS RADAL[(R)]ARE NON-RADLAL 'EXPIRES 08-30-04 SHEET 3 OF 4 HERITAGE RENTON HILL L1UA-2085-FP -03 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON 1 Rp 1 V E R R 1 nx r.r 53 Doc.. 9v_,n, R I h 1 V v c. VOL.vVL. 1 V.:. .. 11/1, 3 11 i \ v'S 5 • 1 SBP58'361 929.84' NN • \-}-60A0'-1�-50.00-1-50.00.-- 0.00 50.00-f,.-60.00 •cN 1,8.58' :ilk- / - 1 10'No-af. 83 701E m - - - - I 10 PSOE� -115'901EP1NE - 32 .S.,' F R SON COMMON,10 I- $ d 6 SEF E' 0015 38)N,NNE 9 $ S 1712[ 25'6FM YARD SETINOC IN 4RQ64 Q f - _ s ON SHEET 2 z.E^f- N8S16.150 117.09_ PEA SEPI,COIS/110N Il0 co 38 37 36 '��j 35 a 13 1 0 33 0l 1 87.a6 n [18161 a 2 I 1834i 2 'a 10 U.E.( 31 a 4» NORM U113R. 10'SCE . 20'ME-I 718 I 58409'S2'8 151.14"L1 C] jI 60.00' j - 50.00' j - 50.00' j - 60.00' - 50.11' i 1 L,J .......,.18e8'To cm)Cr E9R. NBBI6'I5w 85.58' f- _ S8956'371589.75' r _ S.E. 8TH PLACE - - R� :, ' <c <-'\1179s2' ,� 409.84' - _ - <•J • 30 _J < PM *a 2J29' 55.03' 7 50.00' -, - 50.00• -r-- 50.00' r- 50.00' ^- 50.00' • 35.54. 'o'P°' 5 C-j � R •`� 4 m • m T 1 n U >Q 8 g XI /MBR1KISw%.IS' 1 R'rAt 'Si _ N E 39 w 40 W 41 42 W 43 W 44 5 45 1 1 5' 9 -I- SJ','o.` ® 1 taltl 2 182 I ® i 1 ,8351 t 1I74.1- 21' 21' 28 I I ti 10 PSDE + N8816'Isw 95.ar a 4 \ T _T T^ W E I `Pg may �\/ 50.00 �50 1-V 50.00 s0.ar �.- 50.00' -y- 67.77 589'S8.37'E 141.03• -'� B56'3 ,-,r 5000' -,� 60.00' ; 589'S6.37'E ; I d2 B 8r ��J 589'S6'J71; SB9'S6'J7'E S89'S6'J7'E M 2 ST 7 \ 50 'g' 1Q g g '^ n uj . NBBIB•ISw 95.00' i 49 PP 188201 8 r 47 r 48 ›. .t 44 \ 2 1 18141 118201 p� tra 1735 1- z g 27 av/•7'J M M 1' •T U $ 740 g t� J u = - �7•JK - Boar -I,- 50.00' t.v- 60.00' 1,,-40.72'- 4 J - N8516'15'8 95.00' I) Js^R•130,0 p' N-Y- _ 989'56'372 258.40' w ') .g 26 \\ 4 S.E. 8TH STREET 1804 I g \ pj L 4 - >r 50.00• _'•._ BO.00' ,r'- so.00' -!`-3a60'- $ '- NBB18'15w 95.00' 7 c I i is s a a 8 * s 25 s� ��� /fr. ® 1e1o1 S i • • \ " 7 a g g r 10 11 R N8e16•Isw 9s.9o' ' i� 00 �i Il 4a I 18211 pa 1182118 1 8 3 f`` ,0 = 36 15'�E-1$ Y -�>$ i 1 - / 5�'S8' SBTSe 37E , SB9'S65 Sar1.63' 1 1 8 24 8 \ N. eo.tr ;- so.Do'J-� - eo.ao' so.ao l 6,.63' , S \ ' S8056'371 149.98' -( I 60.00' -r''-1 60.00' -ram 7326' 1 8)6 $ 10 P9JE •Y N88'16'15'8 915.00' 1 % N Eck\�F %� 15 5 14 P 13 P 12 • s I e o I u o,9 °1)4s1833 I I 825 1 I ezt I \ �tiC 10 UE 11 21' 21' N8B16'15w 95.00' -, u., \ ,S l P� 4�s \ ti �25D •i w.ar v so.00 g 22 mP �,g �o c - SB9'S6'37T}145.30' - 4, CS I 5? 82s 1 R R n- jI Fi' to ,Po4 TRACT C PRNATE STREET ND 1 c7i 'I 8 Y '6 N 6•. I:., N88'18'i5W 95.00' -1 1 •``•'+.....••.•' 4, y( S8456'371 125.80 - G!' , ---- 1 G t 1 w� i,. as 21 :IC U(` n �,1 xe61�is I5'e L_--- c, ' `\ �\ 1V 7�\ �'- N6816'15�Y 97.09' t o I S ��s. I937I 3a 8 $ } i•ki, I 20 cc 0 25 50 100 ( •N 1_�V 8 \EN o, .14- g79 1'I I - I 1900) L4 C� s • I,' N68'18'15w 106.00' _J SCALE:1'-50' -� LEGEND \ 17 II I i L $ 1 .o. FOUND QUARTER CORNER(SEE SHEET 1 FOR DESCRIPTION) \\ \ 1905 1 -_ 20 19 8 AD FOUND NONUIENT(SEE STET 1 FOR OESCRP110N) \\\ -� 15I.J.E. 1906 I $ 23 8 • MG COUNTY BEBE 501 65 0ON IRl1CTI0N R C[APLETED NDARD ROAD LIONIVENT 10 ., .. .. - •r.,RENTON .. .. \ �� p�-(AA;L,1 1 NBB'16'15w 126.00" : -- _ wLE PLH1C WATERLINE EASEMENT ..... .. \ � 1'J_ / r-- (SEE FIAT NOTE 6,SHEET I) I I ;., S E SSE PlUC S IARY SERER EASEMENT g I 18 \ (SEE PUT NOTE 6,SHEET 1) \ I 1912 I , \ SEE PUBLIC STORM NONAGE EASENNEIIT I I f�' • i J\ (SEE RAT NOIE 9,SHEET 1) CURVE TABLE J,1 `\<A \ .11 PSDE MATE STORM CHANGE EASFNFNT CURVE LOT N0. LENGTH RADIUS DELTA W19FN1 `" <' .......• \ (Si RAT NOTE 6,SHEET 1 C1 IN 33 48.14' 78.00' 3617'45' 24st' \ \��,�t0 I i \\ a ) C2 IN 31 20.06' 76.ar 15'07'25' 10.0/' N. 51\.i�t..050�-- \ UE URRY EASEMENT C3 LOT 30 45.08' 76.00' 33'59'04' 2332' ' - So Hp. 91' ♦ i (SEE RAT NOTE 7,SHEET 1) \ l qc_ 9 C4 LOT 29 8.32' 76.00' river 4.16' AE ACCESS EASEMENT Ulf TABLE CS LOT 21 -15.22' 55.00' 1551'13' 7.66' 5 ` JOB N0.7797 9 (SEE RAT NOTE 12,SIfE7,) LSE LOT NO. BENIN10 DISTANCE C6 LOT 20 20.17' 55.00' 21'00'59' 10.20' •L OWE 0 48*67 FAW191 Ll MOT 33 S8556.37'E 2.06' Cl LOT 19 26.17' 55.00' 2715'28' 13.34' \&AEL ,1,0 5 Consulting (SEE RAT NOTE 10,SHEET 1) L2 LOT 33 544'49.39w 18.36' _C8 1RM.T C 2625' 55.00' 27'20'38" 13.38' p9�AS�ry, �' yonsultlnQ Englneers,InC. a { 1000001 0FA SAS PRO/IOFD By 11E CRY L3 LOT 31 N44'49.39T 39.98• C9 LOT 12 30.63' 55.00' 31'54'44' 15.73' 1 4"``' C7 �A, I5 Civil Engineering,Land Tanning,Surveying,Environmental Services i 1 L4 LOT 16 54510'20w 12.05' CIO LOT 12 3551' 25.ar 81'22'23' 21.48' ,G4 7 i 18215 72M Avenue South Kent WA 98052 1 15 LOT 16 55778'551 17.91' C11 LQ 11 48.00' 25.001 91'40'22' 25.74' Telephone: (425)251-6222 Fax: (425)251-8782 2 G;I NOTE: IB LOT 50 N8056'3714 3.01' C12 IINCE B n.95' 34.ar 3540'25' 11.93' �r,� ' THOSE LOT UNES INTERSECTING CURVED L7 TRACT B Nar0.T23'E 516' C13 TRIER B 3927' 25.00' 91700'00' 25.00 ".0, Ec/3TE °oe' = PORT.NV1/4 OF NE1/4, SEC. 20, T23N-R5E,Vat a y.1 LOT UNES OR RIGHT-OF-WAY UNES NOT NOTED AS RADIAL[(R)]ARE NON-RADNL LB TRACT B S89'S6'37T 6.03' C14 MDT 45 54.40' 34.ar 91'40'22'•35.01" °N4( LAO A �T'i o 1.: l9 LOT 30 SOC13'3/2 19.69' CIS LOT46 3854 25.ar BB19'JB 2418" SHEET 4 OF 4 �LL cx�eLs 08-30-04 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 22,2002 TO: Jan C. FROM: Arneta H.X7298 01(,\ SUBJECT: HERITAGE HILL Please review the attached road/lot layout and addressing and verify if it is consistent with your • data. Thank you! cc: [Click here and type name] MICROFILMED Document2\ajh V-26-02 01:01PM FROM-ACCOUNTING DEPT, C + T-139 P OZ/OZ F-571 ale: .� August 22, 2002 Michael &Wendy FulferL. 1729 SE 7th Court Renton, WA 98055-3943 MICROFILMED Dear Wendy Fulfer: Thank you for meeting with me Wednesday morning to discuss the construction that will take place on your property within the City of Renton utility easement. Bennett Development will make sure any disruption that takes place within the easement location will be minimized. The contractor plans on taking out the tree and heather planted in the easement the first part of next week. This fall, when trees are dormant, Bennett Development will plant a Golden Chain tree (the existing type) to replace the one being removed in a location to be picked by you. If you need to contact me please feel free to call me at 425-445-0255 or Pat Bean with Riverton Contractors at 206-947-1419. Sincerely, 61(11.\ vL Fred R. Herber Project Manager fr.= ,1(.5 ° Acknowl dge as a eed: We y Fulfer Se nn e tt Development 9 Lake Bellevue Dr Suice 100-A Bellevue WA 98005 • Tel: 425-709.6559 • Fax: 425-709.6553 r . .. • • . --. K C 76. _17,12....1212.:......„..T01. , ENTIRE MAP ...,.....0 KING COUNTY CITY OF RENTON NE 20- 2 3-5 2.6, DEPT OF ASSESSMENTS SE 17-23-5 SCALE I".100' ..XIV 0-MY .03 0.0 0.40 Z r i, 1,:hti.e0',.• ., -.... t.c00"' ..' 1 , •I 5 2.,.. ,,,,,,,.......--,0*'—..\\7,,,,•...' , . 2 1. .. , , ...:,1! kl, ...,-,''',Y7 ‘".., ,;.,,,,: \:,'",.,$;' _,;...'...': ,,. '''' _, _ _ '1:,:: , • 4....:. ! 1111:11)- .-- . 0 27.* . !i c•.• ' ."^ ' . • '22''' -4,2H z i ..,5to lC- 1111 , \1,..-„,;, .., • —g- --... , $I g..2; CAITRYN OL0D0 MPEANWT ON \. r .t•k.'1/4-'1 ' ..V9 .•.„,. ..At.1n t IP * A — ..'.. ,.., 0247 - • [27 ----------\-::: ...--i I . . , '''.4*.• • ..,.„ ,1.,',ils:, ,' 74,-.,...,.. ',.." ....-----.----------' \ ''''..--....e-5-. •74, ••' ---. ,--- ----. ,..... le 4,,•'' 0.2.0 LINE TSA ..,..,....„.................„....„..../-- LINE ........"--e l'• . 0 '''..... ....------...... ............... SO 1 a z 0 • , • , ISA" __„...,--------istgr .....--''v...." . „....--• , ___---• \ . "t.,,, 2--- --- ...„...- ),..4.0... eroti \ ' \ .--- ..0 I __ No.__ --- 4.......- --- --"'Aesx.... m Oaf L .0''' " .--''''''Llti ./----- ..../ - .-• L. CO ..#0 ............--s ......._,......- . ...,....- • --. 1' 6 i I MUM ,... --- ..1 ... ......... ege.7 ) .......„,......'''''' ....."- ' 4 ___------ ,ito .-----\ ---10,1_ _____.— uNioj....------\.%. ..0--0..— ,....,>"`r— .....r pspaL co ----<01,0°--- ---\' . ONE oAcr`E _.... ---- \----• \. ,0. TO / ...... _amt. OP 6=- // ., — - q-LS I-- ..:-.-- / - .A---------- BOSS"' .......---- / ...-------4 i --- - .....- I BP* — ---"' ....-'' 1,1 MAPLE G-E' SUBS TATIoN ------ ----- ...-- ---- , .-- -- , .-- ; --— ; f.. \I ( , . . :?. I i 1 .....N\ '.""•;.7 , s .4:": '' C CTFSR.711.:IATE I.SMT I//./ 4 ; i 6 CC —,„ 1532.56 71 SE 20-23-5 .e_ ,• . 14 MICROFILMED (Y ♦ ® // ♦ NT CITY OF RENTON CITY CLERK DIVISION MEMORANDUM i'. DATE: March 1, 2004 TO: Carrie Olson FROM: Suzann Lombard x6521 SUBJECT: Heritage Renton Hill,LUA-02-085 Mylar Rec#20021212000538 The mylar for the above-referenced matter was never returned by the County, sent in for recording on 12/11/02. We ordered the attached certified copy of the mylar that was finally received last week. This will apparently have to take the place of the missing mylar for your permanent records, as the County cannot explain the whereabouts of the original. Thank you. Attachments: (1) • { IlE 1 .6‘) )AIHtf, C).S.(: az,()‘f ru CITY OF RENTON CITY CLERK DIVISION DATE: December 22, 2003 TO: Mary Trujillo, King County Recorder's Office FROM: Debbie Evans, City Clerk's Office (425-430-6513) SUBJECT: HERITAGE RENTON HILL FINAL PLAT LUA-02-085,FP SE 8th P1 &Lincoln Av SE,PID 2023059110 Mary, The mylar for the subject plat has not been returned to our office. The "unofficial document" on your website has 20021212000538 written at the top of the mylar. Our City Clerk, Bonnie Walton, has advised me that we can obtain a CERTIFIED COPY of this document from you for our file. Please provide us with a Certified Copy of this mylar for our file. If you have any questions about this request, or if further information is needed, don't hesitate to call me. Thank you. cc: Connie Wong, King County Assessor's Office • RETURN REGISTER- RECEIPT AND BILLING SUMMARY SHEET WITH MONTHLY INVOICE/STATEMENT TO NAME AND ADDRESS LISTED BELOW King County Records and Elections Division • Records Section Department or Executive Administration 311 King County Administration Building Seattle. Washington 98104 (.06)296-15 7 0 RECORDING ACCOUNT BILLING KING COUNTY RECORDS (Billing Summary Sheet) Date: /2/ i( /oz_ RECORDS &ELECTIONS CUSTOMER# 470300028 rj 0 45 3 Name/Customer City'Clerks Division 3d� Address of Agency City of Renton p O� to be billed that • 1055 S. Grady Way " c} 1 ,,,c1;\1- I have established Renton, WA 98055 a billing account with 41) King County Records çeP G6 o `73 ONLY �ti � l D \ t / Contact Name: Suzann or Rita rep " Phone Number: (425) 430-6510 ,y No f' ' fit}, Teti Number of documents . the i 1‘ i,-,� S F /1 to be recorded G-i�IA-92 - on- gs-fr" ( �lr **AAA AAA A **** f L�#refy\ SG * (FOR KING COUNTY RECORDS USE ONLY) e I moo- - -_- !% a Recording numbers # of Documents Fee TOTAL • • • GRAND TOTAL RAB94 • CITY OF RENTON CITY CLERK DIVISION RECORDED DOCUMENT TRANSMITTAL DATE: December 11, 2002 TO: Mary Trujillo, King County Recorder's Office FROM: Suzann Lombard, City Clerk's Office (425-430-6521) SUBJECT: HERITAGE RENTON HILL FINAL PLAT—LUA-02-085 Heritage Arnold Associates,LLC SE 8th St/Lincoln Ave SE PID#202305-9110 Attached please find for recording: 1) 2 Original mylars; 2) three (3) copies of the mylar; 3) Original plus one copy of Covenants, Conditions &Restrictions. SPECIAL RECORDING INSTRUCTIONS: Record the Covenants and write the recording number in the space provided on page 2of the mylar at the paragraph "CERTIFICATION". Please call if you have any questions. Thank you. CITY OF RENTON CITY CLERK DIVISION RECORDED DOCUMENT TRANSMITTAL DATE: December 11, 2002 TO: Connie Wong,King County Assessor's Office FROM: Suzann Lombard, City Clerk's Office (425-430-6510) SUBJECT: HERITAGE RENTON HILL FINAL PLAT—LUA-02-085 Heritage Arnold Associates,LLC SE 8th St/Lincoln Ave SE MD#202305-9110 Attached please find: 1.) two original mylars; and, 2.) three (3) copies of the mylar; 3.) an original and one copy of Covenants, Conditions &Restrictions. Please forward to Mary Trujillo in the Recorder's Office for further processing. Please call if you have any questions. Thank you. • CITY OF RENTON CITY OF RENTON DEC 1 0 2002 2; a lr MEMORANDUM RECEIVED CITY CLERK'S OFFICE DATE: December 10,2002 TO: City Clerk's Office FROM: Arneta Henninger X7298 A 4< SUBJECT: HERITAGE RENTON HILL FINAL PLAT preliminary plat LUA 00-053PP LUA 02-085FP SE 8TH PL AND LINCOLN AVE SE Attached please find the above-referenced original mylar, and four copies of the mylar for recording with King County. The recording instructions in order are as follows: 1. Record the plat. 2. Record the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations. 3. Write the recording number of the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations on sheet 2 of the plat in the blank line under Certification. Please have the Courier take these documents via: 4-hour service 10:00 AM deadline. A check in the amount of$15.29 is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.5590.0060.49.000014. Please call me if you have any questions. Thank you. cc: Neil Watts Kayren Kittrick Sonja Fesser Jan Conklin Karen C.6th floor DOCUMENTS FOR RECORDING KING COUNTY RECORDS & ELECTIONS DIVISION TO: CITY CLERK'S OFFICE DATE: December 10,2002 FROM: Arneta H. X7298 (Name,division,and extension) PROJECT NAME: HERITAGE RENTON HILL FINAL PLAT BILLING ACCOUNT NUMBER: According to Finance,the King County recording fees for this and all subsequent plat recordings should be charged to account#000/007.590.0060.49.000014 (xxx/xxxxxx.xxx.xxxx.)cxxx.xx.xxxxxx): IS REAL ESTATE EXCISE TAX FORM REQUIRED? NO (Account will be charged$2.00 filing fee) INDEXING NOTES: HERITAGE RENTON HILL FINAL PLAT (preliminary plat LUA 00-053PP) LUA 02-085FP SE 8TH ST SE 8TH PL LINCOLN AVE SE SPECIAL RECORDING INSTRUCTIONS: 1. Record the plat. 2. Record the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations. 3. Write the recording number of the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations on sheet 2 of the plat in the blank line under Certification. DATE ACQUIRED: GRANTOR: PURPOSE: COMMON DESCRIPTION: ADDRESS: P.I.D. S-T-R: OF OF DEDIC DEDI ATION CATI ON CROSS STREETS: CURRENT USE: MANAGING DEPARTMENT: DEPT.FILE NO. RECORDING NO# • i Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 Please print or type information Document Title(s): /10 I'i,e-'S r7I-(ci-76 t^ S Reference Number(s) of Documents assigned or released: [on page of document(s)] Grantor(s) (Last name first,then first name and initials): 1. /)-vt.4.1J c'Svc- 2. 3. 4. ❑ Additional names on page of document Grantee(s) (Last name first,then first name and initials): 1. /14-{o s" /2 f1)L- f L 2. 3. 4. ❑ Additional names on page of document Legal Description (abbreviated: i.e. lot,block,plat or section,township,range): /1A-Aj `h7 , E J S Z 7—. 2,3 AI, le, 5r wh L 1 ❑ Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: _O .Z 3 O S ql/ • • ❑ Additional legal is on page of document • The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. TABLE OF CONTENTS Page ARTICLE I 1 Section 1.1. Words Defined 1 Section 1.2. Form of Words 4 Section 1.3. Construction 4 ARTICLE II 4 Section 11.1. Form of Association 4 Section 11.2. Board of Directors 4 Section 11.3 Bylaws, Rules and Regulations 5 Section 11.4. Membership 5 Section 11.5. Transfer 5 Section 11.6. Voting Rights 5 Section 11.7. Meetings of Members 5 Section 11.8. Books and Records 5 Section 11.9. Priorities and Inconsistencies 5 ARTICLE III 5 Section 111.1 Adoption of Rules and Regulations 6 Section 111.2 Enforcement of Declaration, Etc 6 Section 111.3 Goods and Services 6 Section 111.4 Protection of Common Area 6 Section 111.5 Maintenance of Wetlands and Native Areas. 6 ARTICLE IV 6 Section IV.1 Owner's Covenants to Pay Assessments 6 Section IV.2 Association Budget 6 Section IV.3 Levy of General Assessment 6 Section IV.4 Payment of General Assessment 7 Section IV.5 Particularized Assessment 7 Section IV.6 Commencement of Assessments 7 Section IV.7 Certificates of Assessment Payment 7 Section IV.8 Special Assessments 7 Section IV.9 Effect of Nonpayment of Assessment 7 Section IV.10 Lien to Secure Payment of Assessments 8 Section IV.11 Subordination of Liens 8 Section IV.12 Suspension for Nonpayment of Assessment 9 Section IV.13 Reserves for Replacement 9 ARTICLE V g Section V.1. Easements 9 Section V.2. Rights of Entry 9 ARTICLE VI 10 Section V1.1. Repair and Maintenance Duties of the Association 10 Section V1.2. Special Powers of Association 10 ARTICLE VII 10 Section V11.1. Owners' Common Rights 10 Section VII.2. No Obstruction by Owner 10 Section VI1.3. Maintenance of Common Areas 11 50179\00308\195267.V02 MMC ARTICLE XIV 18 Section XIV.1. Duration 18 Section XIV.2. Amendment 18 Section XIV.3. Modification by Declarant 19 Section XIV.4. Governmental Regulation 19 ARTICLE XV 19 ARTICLE XVI 20 Section XVI.1. Legal Proceedings 20 Section XVI.2. Severability 20 Section XVI.3. Interpretation 20 Section XVI.4. Headings; Gender; Etc 20 Section XVI.5. Construction and Sales by Declarant 20 Section XVI.6. Hold Harmless and Indemnification 21 Section XVI.7. No Public Right or Dedication 21 Section XVI.8. Nonliability and Indemnification 21 Section XVI.9. Notices 22 50179\00308\195267.V02 MMC ili J "Association" shall mean Heritage Renton Hill Homeowner's Association, a Washington nonprofit corporation, its successors and assigns. "Board of Directors" or"Board" shall mean the Board of Directors of the Association. "Bylaws" shall mean the Bylaws of the Association, as such Bylaws may be amended from time to time. "Committee" or"Architectural Control Committee" shall mean the Architectural Control Committee formed pursuant to Article VIII of this Declaration. "Common Areas" shall mean: (a) any and all areas reserved for easements, as set forth, described or depicted in the Plat or otherwise reserved by Declarant, including without limitation, access easements, utility easements, wetlands areas, and Native Growth Protection Easements and (b) any portion of Heritage Renton Hill which is restricted to a use or uses beneficial to the Owners in common. "Common Area Improvements" shall mean and include all improvements and facilities installed within or upon any of the Common Areas, including without limitation, roads, streets, utility installations, bridges, perimeter fences, security systems, entrance facilities, signs, landscaping, and other amenities. "Common Expense Percentage" means the percentage of general and special assessments payable by each Owner of a Lot, computed as the quotient of one (1) divided by the total number of Lots. "Common Assessments" shall mean the annual charge against each Owner and his Lot, representing a portion of the total ordinary costs of operating the Association and maintaining, operating, improving, repairing, replacing and managing the Common Areas and Common Area Improvements, which charge shall be paid by each Owner to the Association to satisfy Common Expenses as further provided herein. "Common Expenses" shall mean the actual and estimated costs of maintenance, management, operation, repair and replacement of the Common Areas and Common Area Improvements (including unpaid Particularized Assessments and those costs not paid by the Owner responsible for payment); the costs of all commonly metered utilities and other commonly metered charges for Renton Hill; costs of management and administration of the Association, including, but not limited to, reasonable compensation paid by the Association to managers, accountants, attorneys and other employees; the costs of all services benefiting the Common Areas; insurance, bonding, if any, of the members of the management body, real and personal property and leasehold excise taxes and assessments paid by the Association and amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Areas; and the costs of any other item or items designated by the Association for any reason in connection with Heritage Renton Hill to be for the benefit of all of the Owners. "Declarant" shall mean Heritage Arnold Associates LLC, Inc., a Washington Corporation, its successors and assigns. "Declarant Control Period" shall mean the period commencing with the recordation of this Declaration and expiring on the first to occur of (i) the ten (10) year anniversary of such date of recordation, (ii) the date Declarant has conveyed the last of the fifty (50) Lots comprising Heritage Renton Hill, or (iii) the date Declarant records an instrument voluntarily terminating the right to act on behalf of the Association. 50179\00308\195267.V02 MMC 2 0 "Property" shall mean all of the real property described in Exhibit A annexed to this Declaration. The term "Property" is synonymous with the term"Heritage Renton Hill". "Record" or"File" shall mean, with respect to any document, the recordation thereof, and with respect to any map, the filing thereof, in the Official Records of the [Division of Records and Elections[ [Auditor's Office]of King f ] County, State of Washington. "Residence" shall mean and refer to Improvements constructed or installed on any Lot intended for residential use. "Signs" shall mean any structure, device or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. "Single Family" shall mean and refer to a single housekeeping unit that includes not more than four(4)adults who are legally unrelated. "Street" shall mean any street, drive, way, lane, place or other thoroughfare covering a portion of the Common Area. "Visible from Neighboring Property" shall mean, with respect to any given object on a Lot, that such object is or would be visible to a person six (6) feet tall, standing on any part of any adjacent Lot or other portions of Heritage Renton Hill at an elevation no greater than the elevation of the base of the object being viewed. Section 1.2. Form of Words. The singular forms of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. Sectionl.3. Construction. In construing words herein, words shall have their usual and IC ordinary meaning, except as specifically defined herein or in any other documents recorded with respect to the Plat; provided that words which are not defined herein or in such other recorded documents, shall, if ambiguous, have the meaning given them (if any) in zoning and building regulations, ordinances and regulations of the governmental entity with jurisdiction in the area in which the Property is located. ARTICLE II HERITAGE RENTON HILL HOMEOWNER'S ASSOCIATION Section 2.1. Form of Association. The Association is a nonprofit association. The rights and duties of the members and of the Association shall be governed by the provisions of this Declaration, the • Articles, the Bylaws, and such other rules and regulations as may hereafter be adopted by the Board. Section 2.2. Board of Directors. During the Declarant Control Period, the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, appoint a temporary board of not fewer than three (3) persons who need not be Owners to manage the Association during the Declarant Control Period. The temporary board shall have the full authority to manage the Association pursuant to and in accordance with the Articles and Bylaws; provided that, after appointing a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or elect a new temporary board. Upon termination of the Declarant Control Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over meetings of the Board and meetings of the Association. 50179\00308\195267.V02 MMC 4 0 Section 3.1 Adoption of Rules and Regulations. The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration to promote the com- fortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and regulations shall be binding upon all Owners, Occupants and all other Persons claiming any interest in the Property or any Lot. Section 3.2 Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for the recovery of damages, injunctive relief, and/or any other remedy available at law or in equity. Section 3.3 Goods and Services. The Board shall acquire and pay for as Common Expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas and Common Area Improvements. The Board may hire such employees as it considers necessary. Section 3.4 Protection of Common Area. The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas and Common Area Improvements, settle claims, or otherwise act in what it considers to be the best interests of the Association. Section 3.5 Maintenance of Wetlands and Native Areas. Not Applicable. ARTICLE IV ASSOCIATION BUDGET,ASSESSMENTS AND LIENS Section 4.1 Owner's Covenants to Pay Assessments. By the acquisition of Ownership of a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general, special and particularized assessments levied as provided herein. Section 4.2 Association Budget. The Board 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 all sums required by the Association, as estimated by the Board, to meet its annual Common Expenses. The funds required to meet the Association's annual Common Expenses shall be raised from a general assessment against each Owner as provided hereafter. The Board may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 4.3 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget multiplied by such Owner's Common Expense Percentage. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least thirty (30) days in advance of the beginning of such period and shall during that time prepare a roster of the Owners and the general assessment allocated to each which shall be open to inspection by any Owner upon reasonable notice to the Board. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Board, before the expiration 50179\00308\195267.V02 MMC 6 for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 4.10 Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 4.11 Subordination of Liens. 4.11.1 Intent of Provisions. The provisions of this Section 4.11 apply for the benefit of Mortgagees of Lots. { 4.11.2 Mortgagee's Nonliability. A Mortgagee shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. 4.11.3 Mortgagee's Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the Mortgagee may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 4.11.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 4.11.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar an such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the expiration date of any period of redemption. The Board may treat any unpaid assessments against a Lot foreclosed against as a Common Expense of the Association pursuant to Section 4.3. 4.11.6 Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Board shall use reasonable efforts to collect the same from such Owner. 50179\00308\195267.V02 MMC 8 impose any obligation upon the Association, the Board, the Architectural Control Committee or Declarant to maintain or repair any portion of any Lot or any Improvement thereon which is to be maintained or repaired by the Owner. Nothing in this Article shall in any manner limit the right of any Owner to the exclusive occupancy and control over the Improvements located upon his Lot. However, each Owner shall permit access to such Owner's Lot or Improvements thereon by any Person authorized by the Board of Directors, the Committee or Declarant as reasonably necessary, such as in case of any emergency originating on or threatening such Lot or Improvements, whether or not such Owner is present. ARTICLE VI REPAIR AND MAINTENANCE Section 6.1. Repair and Maintenance Duties of the Association. Following initial installation, the Association shall maintain, repair, replace, resurface and make necessary improvements to the Common Areas, or shall contract for such maintenance, repair and improvements, to assure the maintenance of the Common Areas and Common Area Improvements in a good, sanitary and attractive condition. Such maintenance, repairs and improvements shall include, without limitation, maintenance and replacement of streets, shrubs, trees, vegetation, irrigation systems and other landscaping located on the Common Areas repair and payment for all centrally metered utilities, security systems, entrance gates and related mechanisms, other mechanical and electrical equipment in the Common Areas, and repair and maintenance of all walks and other means of ingress and egress within the Common Areas. All such maintenance, repairs and improvements to the Common Areas shall be paid for as Common Expenses. The Association shall pay all real, personal property and leasehold excise taxes and assessments which are separately assessed against the Common Areas. It shall further be the affirmative duty of the Board to require strict compliance with all provisions of this Declaration and to cause the Lots to be inspected by the Architectural Control Committee for any violations hereof. Section 6.2. Special Powers of Association. Without in any way limiting the generality of the foregoing, if the Architectural Control Committee determines that an Improvement, the maintenance of which is the responsibility of an Owner, is in need of repair, restoration or painting, or if the Board of Directors determines that there is a violation of any provision of this Declaration, then the Board shall give written notice to such Owner of such condition or violation. Unless the Architectural Control Committee has approved in writing corrective plans proposed by the Owner to remedy the condition complained of within such period of time as may be determined reasonable by the Board after the Board has given said written notice, and unless such corrective work so approved is completed thereafter within the time allotted by the Committee, the Board shall undertake to remedy such condition or violation, and the cost thereof shall be charged to the Owner and his Lot. Such cost shall be deemed to be a Particularized Assessment of such Owner and his Lot, and subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment and lien procedures provided for in this Declaration. ARTICLE VII COMMON AREAS Section 7.1. Owners' Common Rights. Owners shall have equal rights to use the Common Areas, except as otherwise specifically set forth in this Declaration. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners. Section 7.2. No Obstruction by Owner. The Owners of Lots which are burdened by any Com- mon Areas shall not in any manner interfere with the Association's maintenance, use and operation of the Common Areas, but such Owners may use the Common Areas within their respective Lots in any lawful manner that does not so interfere. Declarant makes no warranty or representation as to what, if any, uses may be made of any Common Areas. 50179\00308\195267.V02 MMC 10 9.2.3 No additions or alterations to any paved area on any Lot shall be made, until plans for such painting, alterations, additions or changes, including samples of colors and materials, landscaping plans, or plans and specifications with regard to paving, as the case may be, together with such other information as shall be required by the Committee, have been submitted to the Committee and the Committee has approved in writing such requested change. Section 9.3. Approval Procedures. The Committee shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, the Committee shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: 9.3.1 failure to comply with any of the restrictions set forth in this Declaration; 9.3.2 failure to include information in such plans and specifications as may have been reasonably requested by the Committee; 9.3.3 objection on the grounds of incompatibility of any proposed structure, use or landscaping with existing structures, uses or landscaping upon other Lots, or other property in the vicinity of the subject Lot; 9.3.4 objection to the grading or landscaping plan for any Lot; 9.3.5 objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure; 9.3.6 objection to the number or size of parking spaces, or to the design of the parking area; 9.3.7 any other matter which, in the judgment of the Committee, would render the proposed improvements or use inharmonious with the general plan for improvement of Renton Hill or with Improvements located upon other Lots or other property in the vicinity. Section 9.4. Result of Inaction. If the Committee fails either to approve or disapprove plans and specifications submitted to it within thirty (30) days after the same have been submitted, it shall be conclusively presumed that the Committee has approved said plans and specifications; provided, however, that if, within the thirty (30) day period, the Committee gives written notice of the fact that more time is required for the review of such plans and specifications, there shall be no presumption that the same are approved until the expiration of such reasonable period of time as is set forth in the notice. Section 9.5. Approval. The Committee may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Committee of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with the Committee, and a copy of such plans and specifications, bearing such approval, together with any conditions, shall be returned to the applicant submitting the same. Section 9.6. Variances. Either the Board or the Committee may grant to any Lot or Owner thereof such variances from the covenants, conditions, restrictions and provisions set forth herein as it, in its sole discretion, determines is in the best interest of Renton Hill. Any variances granted hereunder shall be effective only if made in accordance with applicable law and in writing. Section 9.7. Proceeding with Work. Upon receipt of approval of the final construction documents from the Committee, the Owner to whom approval is given shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all 50179\00308\195267.V02 MMC 12 9.10.6 Omissions to act done in good faith in the interpretation, administration and enforcement of this Declaration. Section 9.11. Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the Committee pursuant to the provisions of this Declaration, such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from the Committee any such Improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Declaration shall be removed or altered so as to conform to this Declaration. Should such removal, or alteration, or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in this Declaration. ARTICLE X BUILDING MATERIALS; REQUIRED CONSTRUCTION; LANDSCAPING; OTHER REQUIREMENTS Section 10.1. Building Materials. Each Residence constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Aluminum or "T-111" siding and aluminum window frames are not permitted. Roofing material, types and colors of exterior paint and stain must be submitted to the Committee for approval. Section 10.2. Minimum Floor Area. The floor area of the main house structure, exclusive of open porches and garages, shall be not less than 1800 square feet. Section 10.3. [Not Used]. Section 10.4. Roof Drains. Roof drains for Residences installed on Lots 1 through 50 must provide for discharge directly to the storm drainage system. Section 10.5. Foundation Drains. Footing drains for structures installed on Lots 1 through 50 must provide for discharge directly to the storm drainage system Section 10.6. [Not Used]. Section 10.7. Landscaping. Yards, excluding Native Growth Protection Easement areas, shall be fully landscaped within twelve (12) months after the date construction of the Residence commences unless extended by the Committee. No trees outside the building footprint shall be cut without the approval of the Committee. No fence shall be erected which shall be over six (6) feet in height. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. Section 10.8. Garages and Parking. Each Residence shall include a garage sufficient to hold at least two(2)automobiles. Section 10.9. Driveways. All driveways and parking areas shall be paved with a masonry type material, such as concrete or brick, unless otherwise approved by the Committee. No asphalt or gravel driveways or parking areas shall be permitted without approval of the Committee. Section 10.10. [Not Used]. 50179\00308\195267.V02 MMC 14 • Section 11.8. Antennae; Aerials. No external short-wave or citizens' band antennas, freestanding antenna towers, or satellite reception dishes of any kind exceeding eighteen (18) inches in diameter shall be permitted in Heritage Renton Hill. All television, FM radio antennas and satellite reception dishes having a diameter of eighteen (18) inches or less ("Permitted Dishes") must be physically attached to a structure and must comply with applicable governmental standards and guidelines and any Association rules and regulations. The Association shall have the authority to review, approve, modify or deny an Owner's request for an antenna or Permitted Dish installation. Section 11.9. Mineral Exploration. No portion of Heritage Renton Hill shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth, or any earth substances or other minerals of any kind; provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of Improvements within a Lot. Section 11.10. Signs. Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant, or agents or contractors of Declarant, or the Association, no signs or advertising devices of any character shall be posted or displayed in Heritage Renton Hill. Section 11.11. Temporary Structures. No Improvement of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be installed, placed or used on any Lot, either temporarily or permanently. Section 11.12. No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain in or upon Heritage Renton Hill which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area unless specifically approved by the Committee. Section 11.13. Leasing. No Lot may be leased or rented by any Person for a period of fewer than thirty (30) days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Declaration, Articles, Bylaws and rules and regulations as may be adopted pursuant thereto. Any failure by a lessee to comply with the terms of such documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 11.14. Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Heritage Renton Hill except by authorized governmental officials. ARTICLE XII OWNERS' MAINTENANCE RESPONSIBILITIES 1. Section 12.1. General. The Owner or Occupant of any Lot shall at all times keep it and the Improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with applicable governmental, health, fire and safety ordinances, regulations, requirements and directives, and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. Section 12.2. Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include, without limitation: 50179\00308\195267.V02 MMC 16 _. ARTICLE XIII DAMAGE OR LOSS TO IMPROVEMENTS Section 13.1. Restoration of Common Areas. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Common Areas, Common Area Improvements, or any other Improvements insured by the Association, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance shall be used for such purpose. The Board of Directors shall be authorized to have prepared the necessary documents to effect such reconstruction as promptly as practical. The Common Areas, Common Area Improvements, and all other Improvements shall be reconstructed or rebuilt substantially in accordance with the original construction plans if they are available, with such changes as are recommended by the Architectural Control Committee. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than the estimated cost of restoration and repair, a special assessment shall be levied by the Board of Directors upon the Owners and their Lots in order to provide the necessary funds for such reconstruction over and above the amount of any insurance proceeds available for such purpose. Section 13.2. Restoration Obligations of Owners. In the event of the damage or destruction of any portion of a Lot or the Improvements thereon, then it shall be the duty of the Owner of such Lot, as soon as may be practical, to repair and replace the damage or destruction, or such portion thereof as will render such damage or destruction indiscernible from the exterior boundaries of the Lot. Any reconstruction, replacement or repair required by this section shall be in accordance with the original plans and specifications of the Lot or plans and specifications approved by both the Architectural Control Committee. Section 13.3. Condemnation. In the event the whole, or any part, of the Common Areas shall be taken or condemned by any authority exercising the power of eminent domain, the Board shall have the exclusive rights to prosecute the proceedings; provided, however, that nothing contained herein to the contrary shall prevent an Owner from joining in the proceeding for purposes of claiming that the condemnation action has materially affected said Owner's Lot and any Improvements thereon. The entire award relating to the taking of any part of the Common Area shall be paid to the Board in trust for the benefit of the Owners. The Board shall distribute the award to the Owners in proportion to their Common Expense Percentages; provided, that if a Lot is encumbered by a Mortgage or Mortgages which has or have a provision relating to condemnation, then in lieu of distributing the award to the Owner of said Lot, the Board shall distribute the award directly to the Mortgagee of the Mortgage with the highest priority and seniority for distribution or payment in accordance with the terms and conditions of said Mortgagee's Mortgage. ARTICLE XIV DURATION AND AMENDMENT Section 14.1. Duration. This Declaration shall continue in full force until December 31, 2045, unless a Declaration of Termination or Declaration of Renewal is recorded meeting the requirements of an amendment to this Declaration as set forth in Section 14.2. There shall be no severance by sale, conveyance, encumbrance or hypothecation of an interest in any Lot from the appurtenant Membership in the Association, as long as this Declaration shall continue in full force and effect. Section 14.2. Amendment. Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. The amendment shall be adopted by the vote, in person or by proxy, or written consent of seventy-five percent (75%) of the voting power of the Membership of the Association; provided, however, that so long as Declarant owns a minimum of two (2) Lots in Heritage Renton Hill, or for a period of ten (10) years from the recording of this Declaration, whichever is earlier, no termination or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. A copy of each amendment which has been properly adopted shall be 50179\00308\195267.V02 MMC 18 ARTICLE XVI GENERAL PROVISIONS Section 16.1. Legal Proceedings. Failure to comply with any of the terms of this Declaration, the Articles and Bylaws of the Association or regulations adopted pursuant thereto, by an Owner or Occupant, his guests, employees, invitees or tenants, shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof, which relief may be sought by Declarant, the Association, the Board of Directors or, if appropriate, by an aggrieved Owner. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. In addition to any other available remedy, the Association, the Board, any Owner (not at the time in default hereunder) or Declarant shall be entitled to bring an action for damages against any defaulting Owner and, in addition, may enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys' fees, including appeals, in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, together with interest, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. Section 16.2. Severability. The provisions hereof shall be deemed independent and severable, and a determination of invalidity or partial invalidity or enforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provisions hereof. Section 16.3. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of the development and for the maintenance of the Common Areas, and any violation of this Declaration shall be deemed to be a nuisance. Section 16.4. Headings; Gender; Etc. The article and section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context otherwise requires, as used herein the singular and the plural shall each include the other and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. Section 16.5. Construction and Sales by Declarant. Nothing in this Declaration shall limit, and no Owner shall do anything which shall interfere with, the right of Declarant to complete any construction of Improvements on the Lots owned by Declarant and the Common Areas, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements on such Lots and Common Areas as Declarant deems advisable prior to the expiration of the Declarant Control Period. Each Owner, by accepting a deed of a Lot from Declarant, hereby acknowledges that the activities of Declarant may constitute a temporary inconvenience or nuisance to the Owners. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on Heritage Renton Hill such structures and displays as may be reasonably necessary for the conduct of its business or completing the work and disposing of the Lots by sale, lease or otherwise. Declarant may use any Lots owned by Declarant as models or real estate sales or leasing offices. This Declaration shall not limit the right of Declarant at any time prior to conveyance of title by deed to the last Lot to establish on the Lots owned by Declarant and the Common Areas additional easements, reservations and rights-of-way to itself, to utility companies, or to other Persons as may from time to time be reasonably necessary for the proper development and disposal of the Lots. Such easements may be created for the construction, installation, maintenance, removal, replacement, operation and use of utilities, including, without limitation, sewers, water and gas pipes and systems, drainage lines and systems, electric power and conduit lines and wiring, telephone conduits, lines and wires, and other utilities, public or private, beneath the ground surface, except vaults, vents, access structures and other facilities required to be above ground surface by good engineering practice, including the right to dedicate, grant or otherwise convey easements for rights-of-way to any public utility or governmental entity for such purposes. In the performance of any work in connection with such utilities, Declarant shall not unreasonably interfere with or disrupt the use of the Common Areas or the facilities located thereon and 50179\00308\195267.V02 MMC 20 • 16.8.5 Payments made hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This Section 16.8 shall be construed to authorize payments and indemnification to the fullest extent now or hereafter permitted by applicable law. 16.8.6 The entitlement to indemnification hereunder shall inure to the benefit of the estate, executor, administrator, heirs, legatees or devisees of any Person entitled to such indemnification. Section 16.9. Notices. Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more co-owners of a Lot or to any general partner of a partnership owning a Lot shall be deemed delivery to all co-owners or to the partnership, as the case may be. Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Association or, if no such address shall have been furnished, to the street address of such Lot. Such notice shall be deemed delivered forty-eight (48) hours after the time of such mailing, except for notice of a meeting of Members or of the Board of Directors, in which case the notice provisions of the Bylaws of the Association shall control. Any notice to be given to the Association may be delivered personally to any Member of the Board of Directors, or sent by United States mail, postage prepaid, addressed to the Association at such address as shall be fixed from time to time and circulated to all Owners. THIS DECLARATION has been executed on the date first written above. Heritage Arnold Associates LLC., a Washington Cor tion By: Its: 50179\00308\195267.V02 MMC 22 �ii • EXHIBIT A Description of Property Comprising Heritage Renton Hill THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°56'36" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.64 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°43'45" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.51 FEET; THENCE SOUTH 71°06'04" WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44°1.9'40" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1,148.18 FEET TO A POINT ON TILE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH 01°45'37" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.20 FEET TO THE TRUE POINT OF BEGINNING, IN KING COUNTY, WASHINGTON. • 501791003081195267.V02 MMC . I Tmnsmiftal To: Arneta Henninger From: Fred Herber Date: 11/22/2002 Re: Heritage Renton Hill CCR'S and Check • Comments: If you have any questions please call me at 425-709-6512 or 425-445-0255. Bennett Development 12011 NE 1st, SUITE 201 BELLEVUE,WA 98005 (425)709-6559 PHONE (425)709-6553 FAX 1087 HERITAGE ARNOLD ASSOCIATES, LLC $ NINE LAKE BELLEVUE DRIVE SUITE 100A 98 819/1251 BELLEVUE,WA 98005 �/ /� 425-709-6514 DATE PAY C� G� TO T /�-}- / f' > v2- ORDER ER OFl / I �Q P - OtL /� -iA fir- c 477/9/10.0 DOLLARS 8 oE,,, BANNER BANK FOR r - - — v II 00 L08 ?III ': L25L08L9LI: 00470LL7881 I INVOICE NUMBER CUSTOMER NW IER ' • CD&L WEST REGION 63741 394i • PO BOX 34496 magiumummilm TOTAL AMOUN- )UE NEWARK, NJ 07189-4496 12/15/02 76. 5 ACCT DEPT 732-225-6100 iiimminalammi •V 15 IA WE CITY cDST •VE' 0 DA IV R 4 CITY OF ,RENTON DEC 2 4 ZOOZ PLEASE REMIT PAYMENT TO: 1055 S GRADY WAY larges within 10 3ys. CLERKS OFFICE-7TH FLOOR RECEIVED CD&L WEST REGION 10 days. RENTON, WA 98055 CITY CLERK'S OFFICE ` REMIT TO)} P.O.BOX 34496 N Please return this stub with your payment to insure proper credit. NEWARK,NJ 07189-4496 J 07191-866; CUSTOMER NO.I INVOICE NO. I PERIOD ENDING I AMOUNT DUE (PAGE CD&L WEST REGION 3946 6374: 12/15/02 94.81 # I PO BOX 34496 SVCE I SERVICE DETAIL BREAKDOWN I TOTAL. DATE I JOB NO. I TYP 12/10/02 306908 4HF CITY OF RENTON KING CO DEFT OF ASSESMENTS Base/OT 14.7P 1055 S GRADY WAY 7TH FLR 500 4TH AVE RM 709 Surcharge : .59 .29 Renton WA 98055 709 Seattle WA 98104 CALLER: rita SIGNED: GUECO NOTE: CITY CLERKS OFC PCS: 1 YOUR REF: LUA02-102 12/10/02 3070i4 4HF CITY OF RENTON KING CO DEFT OF ASSESMENTS Base/OT 14.7D 1055 S GRADY WAY 7TH FLR 500 4TH AVE RM 709 Surcharge : .57 : .25 Renton WA 98055 709 Seattle WA 98104 CALLER: SUSAN SIGNED: QUESO NOTE: CITY CLERKS OFC PCS: 1 12/11/02 307340 4HF CITY OF RENTON KING CO DEPT OF ASSESMENTS Base/OT 14.7) 1055 S GRADY WAY 7TH FLR 500 4TH AVE RM 709 Surcharge : .57 i .25 Renton WA 98055 709 Seattle WA 98104 CALLER: SUSAN SIGNED: DROPPED NOTE: CITY CLERKS OFC PCS: 1 12/13/02 307813 4H. CITY OF RENTON KING CO DEPT OF ASSESMENTS Base/OT 14.7) 1055 S GRADY WAY 7TH FLR 500 4TH AVE RM 709 Surcharge : .59 1 .29 Renton WA 98055 709 Seattle WA 98104 CALLER: SUSAN L SIGNED: WHALEN NOTE: CITY CLERKS OFC PCS: 1 WEIGHT: 1 LBS YOUR REF: LUA-01-059 12/13/02 307814 41-1F CITY OF RENTON KING CO DEPT OF ASSESMENTS Base/OT 14.7i 1055 S GRADY WAY 7TH FLR 500 4TH AVE RM 709 Surcharge : .5 1 .29 Renton WA 98055 709 Seattle WA 98104 CALLER: SUSAN L SIGNED: tIHALEN NOTE: CITY CLERKS OFC PCS: 1 WEIGHT: 1 LBS 1 YOUR REF: LUA-02-097 I I 1 1 I I :I s • • 7l/145 TERMS:NET 10 DAYS TOTAL 110 cf. ZWVA (ILLC.):\ CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: January 29, 2003 TO: Carrie Olson, x7235 CC: Arneta Henninger, x7298 FROM: Rita Andrew, x6513 SUBJECT: Recorded Documents: BILL OF SALE—Madison Landing Short Plat/LUA-01-059 Rec. #20021216001896 EASEMENT/UTILITY—Madison Landing Short Plat/LUA-01-059 Rec. #20021216001894 DEED OF DEDICATION—Madison Landing/LUA-01-059 Rec. #20021216001893 EASEMENT/WATER—Gilroy Family, LLC/LUA-02-065 Rec. #20021217002197 EASEMENT/SEWER—Gilroy Family, LLC/LUA-02-065 Rec. #20021217002196 CC&R's—Heritage Renton Hill/LUA-02-085 Rec. #20021212000539 CC&R's—Ridgely Final Plat/LUA-02-097 Rec. #20021217002215 The attached documents have been recorded with King County, and are being returned to you. Please forward copies to parties of interest, and retain a copy for your file. Thank you. Enclosures: (7) MICROFILMED DECLARATION of COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS for HERITAGE RENTON HILL TABLE OF CONTENTS Page ARTICLE I 1 Section 1.1. Words Defined 1 Section 1.2. Form of Words 4 Section 1.3. Construction 4 ARTICLE II 4 Section 11.1. Form of Association 4 Section 11.2. Board of Directors 4 Section 11.3 Bylaws, Rules and Regulations 5 Section 11.4. Membership 5 Section 11.5. Transfer 5 Section 11.6. Voting Rights 5 Section 11.7. Meetings of Members 5 Section 11.8. Books and Records 5 Section 11.9. Priorities and Inconsistencies 5 ARTICLE III 5 Section 111.1 Adoption of Rules and Regulations 6 Section 111.2 Enforcement of Declaration, Etc 6 Section 111.3 Goods and Services 6 Section 111.4 Protection of Common Area 6 Section 111.5 Maintenance of Wetlands and Native Areas. 6 ARTICLE IV 6 Section IV.1 Owner's Covenants to Pay Assessments 6 Section IV.2 Association Budget 6 Section IV.3 Levy of General Assessment 6 Section IV.4 Payment of General Assessment 7 Section IV.5 Particularized Assessment 7 Section IV.6 Commencement of Assessments 7 Section IV.7 Certificates of Assessment Payment 7 Section IV.8 Special Assessments 7 Section IV.9 Effect of Nonpayment of Assessment 7 Section IV.10 Lien to Secure Payment of Assessments 8 Section IV.11 Subordination of Liens 8 Section IV.12 Suspension for Nonpayment of Assessment 9 Section IV.13 Reserves for Replacement 9 ARTICLE V 9 Section V.1. Easements 9 Section V.2. Rights of Entry 9 ARTICLE VI 10 Section VI.1. Repair and Maintenance Duties of the Association 10 Section VI.2. Special Powers of Association 10 ARTICLE VII 10 Section VII.1. Owners' Common Rights 10 Section V11.2. No Obstruction by Owner 10 Section VII.3. Maintenance of Common Areas 11 501791003081195267.V02 MMC Section VII.4. Native Growth Protection Easements 11 ARTICLE VIII 11 ARTICLE IX 11 ti I Section IX.1. Approval of Plans Required 11 Section IX.2 Plan Changes and Plans for Changes to Improvements 11 Section IX.3. Approval Procedures 12 Section IX.4. Result of Inaction 12 !t' Section IX.5. Approval 12 Irl 12 ,i` Section IX.6. Variances i Section IX/. Proceeding with Work 12 , Section IX.8. Completion of Work 13 II Section IX.9. Construction Deposit 13 !i. Section IX.10. Committee Not Liable 13 Section IX.11. Construction Without Approval 14 ,I ARTICLE X 14 li Section X.1. Building Materials 14 Section X.2. Minimum Floor Area 14 Section X.3. Required Fencing Along Native Growth Protection Easement 14 Section X.4. Roof Drains 14 Section X.S. Foundation Drains 14 Section X.6. Surface Drainage - Required Drainage Blanket and Sloping of Subgrade 14 Section X.7. Landscaping 14 , Section X.B. Garages and Parking 14 Section X.9. Driveways 14 Section X.10. Not Used 14 Section X.11. Contractor 15 ARTICLE XI 15 Section X1.1. Residential Use 15 Section Xl.2. No Commercial Uses 15 ' Section Xl.3. Garbage 15 Section XI.4. Nuisances 15 Section Xl.5. Animals 15 Section XI.6. Vehicle Storage 15 Section X1.7. Utilities Underground 15 Section XI.8. Antennae; Aerials 16 Section Xl.9. Mineral Exploration 16 Section XI.10. Signs 16 Section X1.11. Temporary Structures 16 Section Xl.12. No Obstruction of Easements 16 Section XI.13. Leasing 16 Section Xl.14. Weapons 16 ARTICLE XII 16 Section XII.1. General 16 1 Section Xll.2. Grounds 16 Section Xll.3. Remedies for Failure to Maintain and Repair 17 ARTICLE XIII 18 Section XIII.1. Restoration of Common Areas 18 Section XIII.2. Restoration Obligations of Owners 18 Section XIII.3. Condemnation 18 50179\00308\195267.V02 MMC ii ARTICLE XIV 18 Section XIV.1. Duration 18 Section XIV.2. Amendment 18 Section XIV.3. Modification by Declarant 19 Section XIV.4. Governmental Regulation 19 ARTICLE XV 19 ARTICLE XVI 20 Section XVI.1. Legal Proceedings 20 Section XVI.2. Severability 20 Section XVI.3. Interpretation 20 Section XVI.4. Headings; Gender; Etc 20 Section XVI.5. Construction and Sales by Declarant 20 Section XVI.6. Hold Harmless and Indemnification 21 Section XVI.7. No Public Right or Dedication 21 Section XVI.8. Nonliability and Indemnification 21 Section XVI.9. Notices 22 50179\00308\195267.V02 MMC III DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR HERITAGE RENTON HILL THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS (this "Declaration") is made this 24th day of June, 2002, by Heritage Arnold Associates LLC, a Washington Corporation (hereinafter called the"Declarant"). RECITALS: A. This Declaration governs that certain real property located in the City of Renton, County of King, State of Washington, described in Exhibit A annexed hereto ("Heritage Renton Hill" or"Property"). B. Declarant plans to develop Heritage Renton Hill pursuant to a general plan for all of Heritage Renton Hill and desires to provide for the preservation of the values and amenities of said community and for the maintenance of common areas and other common facilities and, to this end, desires to subject Heritage Renton Hill to this Declaration for the benefit of Heritage Renton Hill and each Owner thereof. C. Declarant has or will incorporate under the laws of the State of Washington, as a nonprofit corporation, Heritage Renton Hill Homeowner's Association for the purpose of exercising the functions aforesaid. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of Heritage Renton Hill shall be held, leased, occupied, sold and conveyed subject to the following covenants, conditions and restrictions, all and each of which are for the purpose of enhancing and perfecting the value, desirability and attractiveness of Heritage Renton Hill in furtherance of a general plan for the protection of Heritage Renton Hill, or any portion thereof. All, and each of these covenants, conditions and restrictions are hereby imposed as equitable servitudes upon Heritage Renton Hill. The covenants, conditions and restrictions and equitable servitudes set forth herein shall run with Heritage Renton Hill, and every portion thereof, shall be binding on all parties having or acquiring any right, title or interest in Heritage Renton Hill or in any part thereof, and their successors and assigns, shall inure to the benefit of every portion of Heritage Renton Hill and any interest therein, shall inure to the benefit of each Owner, and his or her successors and assigns, and may be enforced by any Owner or the Association; provided, however, that prior the expiration of the Declarant Control Period, Declarant shall have the powers, responsibilities and duties of the Association and the Board of the Association hereunder, including, but not limited to, maintaining and administering the Common Areas and Common Area Improvements, enforcing the covenants, conditions and restrictions herein contained, and collecting and disbursing the assessments and charges hereinafter created. ARTICLE I DEFINITIONS Sectionl.1. Words Defined. For the purposes of this Declaration and any amendments hereto, the following terms shall have the following meanings: "Articles" shall mean the Articles of Incorporation of the Association which have been filed in the office of the Secretary of State of the State of Washington, as such Articles may be amended from time to time. 50179\00308\195267.V02 MMC "Association" shall mean Heritage Renton Hill Homeowner's Association, a Washington nonprofit corporation, its successors and assigns. "Board of Directors" or"Board"shall mean the Board of Directors of the Association. "Bylaws" shall mean the Bylaws of the Association, as such Bylaws may be amended from time to time. "Committee" or"Architectural Control Committee" shall mean the Architectural Control Committee formed pursuant to Article VIII of this Declaration. "Common Areas" shall mean: (a) any and all areas reserved for easements, as set forth, described or depicted in the Plat or otherwise reserved by Declarant, including without limitation, access easements, utility easements, wetlands areas, and Native Growth Protection Easements and (b) any portion of Heritage Renton Hill which is restricted to a use or uses beneficial to the Owners in common. "Common Area Improvements" shall mean and include all improvements and facilities installed within or upon any of the Common Areas, including without limitation, roads, streets, utility installations, bridges, perimeter fences, security systems, entrance facilities, signs, landscaping, and other amenities. "Common Expense Percentage" means the percentage of general and special assessments payable by each Owner of a Lot, computed as the quotient of one (1) divided by the total number of Lots. "Common Assessments" shall mean the annual charge against each Owner and his Lot, representing a portion of the total ordinary costs of operating the Association and maintaining, operating, improving, repairing, replacing and managing the Common Areas and Common Area Improvements, which charge shall be paid by each Owner to the Association to satisfy Common Expenses as further provided herein. "Common Expenses" shall mean the actual and estimated costs of maintenance, management, operation, repair and replacement'of the Common Areas and Common Area Improvements (including unpaid Particularized Assessments and those costs not paid by the Owner responsible for payment); the costs of all commonly metered utilities and other commonly metered charges for Renton Hill; costs of management and administration of the Association, including, but not limited to, reasonable compensation paid by the Association to managers, accountants, attorneys and other employees; the costs of all services benefiting the Common Areas; insurance, bonding, if any, of the members of the management body, real and personal property and leasehold excise taxes and assessments paid by the Association and amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Areas; and the costs of any other item or items designated by the Association for any reason in connection with Heritage Renton Hill to be for the benefit of all of the Owners. "Declarant" shall mean Heritage Arnold Associates LLC, Inc., a Washington Corporation, its successors and assigns. "Declarant Control Period" shall mean the period commencing with the recordation of this Declaration and expiring on the first to occur of (i) the ten (10) year anniversary of such date of recordation, (ii) the date Declarant has conveyed the last of the fifty (50) Lots comprising Heritage Renton Hill, or (iii) the date Declarant records an instrument voluntarily terminating the right to act on behalf of the Association. 50179\00308\195267.V02 MMC 2 "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, Easements and Reservations for Heritage Renton Hill, as it may be amended from time to time as provided herein. "First Mortgage" means a recorded Mortgage encumbering a Lot which has legal priority over all other Mortgages on such Lot. "Improvement" shall mean all structures and appurtenances thereto of every kind, whether above or below the land surface, including, but not limited to, buildings, utility systems, walkways, driveways, parking areas, landscaping items, fences, walls, decks, stairs, swimming pools, patios, poles, landscaping vegetation, irrigation systems, signs, exterior fixtures and any other structure of any kind. "Lot"shall mean any one or more of the fifty(50) lots numbered 1 through 50 on the Plat. "Heritage Renton Hill" shall mean all of the real property described in Exhibit A annexed hereto. The term "Heritage Renton Hill" is synonymous with the term"Property". "Member" shall mean every person or entity who or which holds a membership in the Association, as provided in Section 2.4 hereof. "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 or a deed of trust and shall also mean the vendor, or the assignee of a vendor, of a real estate contract for the sale of a Lot. "Mortgagor" shall mean the mortgagor of a mortgage, trustor or grantor of a deed of trust, and shall also mean the vendee, or the assignee of a vendee, of a real estate contract for the sale of a Lot. "Native Growth Protection Easement" Not Applicable "Occupant." The term "Occupant" shall mean a lessee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot, or a portion of a Lot, with the permission of the Owner. "Owner" shall mean the Person holding fee simple title of record to any Lot, including purchasers under executory contracts of sale. "Owners" shall mean all of the owners of Lots within Heritage Renton Hill. "Ownership" shall mean the status of being an Owner. "Particularized Assessment" shall mean a charge against a particular Owner and his Lot, directly attributable to, or reimbursable by, said Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration, plus interest and other charges thereon, as provided for in Section 4.5 of this Declaration. "Person" shall mean a natural individual, corporation or any other entity with the legal right to hold title to real property. "Plat" shall mean the recorded plat of Heritage Renton Hill, and any amendments, corrections, or addenda thereto subsequently recorded. 50179\00308\195267.V02 MMC 3 "Property" shall mean all of the real property described in Exhibit A annexed to this Declaration. The term"Property" is synonymous with the term"Heritage Renton Hill". "Record" or"File" shall mean, with respect to any document, the recordation thereof, and with respect to any map, the filing thereof, in the Official Records of the [Division of Records and Elections[ [Auditor's Office]of King [ ] County, State of Washington. "Residence" shall mean and refer to Improvements constructed or installed on any Lot intended for residential use. "Signs" shall mean any structure, device or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. "Single Family" shall mean and refer to a single housekeeping unit that includes not more than four(4) adults who are legally unrelated. "Street" shall mean any street, drive, way, lane, place or other thoroughfare covering a portion of the Common Area. "Visible from Neighboring Property" shall mean, with respect to any given object on a Lot, that such object is or would be visible to a person six (6) feet tall, standing on any part of any adjacent Lot or other portions of Heritage Renton Hill at an elevation no greater than the elevation of the base of the object being viewed. Section 1.2. Form of Words. The singular forms of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. Sectionl.3. Construction. In construing words herein, words shall have their usual and ordinary meaning, except as specifically defined herein or in any other documents recorded with respect to the Plat; provided that words which are not defined herein or in such other recorded documents, shall, if ambiguous, have the meaning given them (if any) in zoning and building regulations, ordinances and regulations of the governmental entity with jurisdiction in the area in which the Property is located. ARTICLE II HERITAGE RENTON HILL HOMEOWNER'S ASSOCIATION Section 2.1. Form of Association. The Association is a nonprofit association. The rights and duties of the members and of the Association shall be governed by the provisions of this Declaration, the Articles, the Bylaws, and such other rules and regulations as may hereafter be adopted by the Board. Section 2.2. Board of Directors. During the Declarant Control Period, the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, appoint a temporary board of not fewer than three(3) persons who need not be Owners to manage the Association during the Declarant Control Period. The temporary board shall have the full authority to manage the Association pursuant to and in accordance with the Articles and Bylaws; provided that, after appointing a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or elect a new temporary board. Upon termination of the Declarant Control Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over meetings of the Board and meetings of the Association. 50179\00308\195267.V02 MMC 4 Section 2.3 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of Heritage Renton Hill, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial Bylaws and rules and regulations. Section 2.4. Membership. Every Owner shall automatically upon becoming the Owner of a Lot be a Member of the Association, and shall remain a Member thereof until such time as his Ownership ceases for any reason, at which time his Membership in the Association shall automatically cease. Ownership of a Lot shall be the sole qualification for Membership in the Association. All memberships shall be appurtenant to a Lot. Except as may otherwise be provided herein, the rights, duties, privileges and obligations of all Members of the Association shall be as set forth in this Declaration, the Articles of Incorporation and Bylaws of the Association, and the rules and regulations of the Association adopted in accordance with the Bylaws of the Association. Section 2.5. Transfer. The Membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Owner's Lot and then only to the purchaser or Mortgagee of such interest in such Lot. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association. Section 2.6. Voting Rights. Owners shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote but, in no event, shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. Section 2.7. Meetings of Members. There shall be a meeting of the Members of the Association within sixty (60) days of the expiration of the Declarant Control Period. Declarant shall cause notice of said meeting to be given, but shall not be required to perform any other duty with respect to such meeting. Thereafter there shall be an annual meeting of the members of the Association in accordance with the Bylaws. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect Board members to serve for the terms specified in the Bylaws of the Association. Special meetings of the members of the Association may be called in accordance with the Bylaws of the Association. Section 2.8. Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, documents, papers and other records of the Association shall be available for examination by Owners, Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. Section 2.9. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall prevail. ARTICLE III AUTHORITY OF THE BOARD 50179\00308\195267.V02 MMC 5 Section 3.1 Adoption of Rules and Regulations. The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration to promote the com- fortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and regulations shall be binding upon all Owners, Occupants and all other Persons claiming any interest in the Property or any Lot. Section 3.2 Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for the recovery of damages, injunctive relief, and/or any other remedy available at law or in equity. Section 3.3 Goods and Services. The Board shall acquire and pay for as Common Expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas and Common Area Improvements. The Board may hire such employees as it considers necessary. Section 3.4 Protection of Common Area. The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas and Common Area Improvements, settle claims, or otherwise act in what it considers to be the best interests of the Association. Section 3.5 Maintenance of Wetlands and Native Areas. Not Applicable. ARTICLE IV ASSOCIATION BUDGET,ASSESSMENTS AND LIENS Section 4.1 Owner's Covenants to Pay Assessments. By the acquisition Of Ownership of a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general, special and particularized assessments levied as provided herein. Section 4.2 Association Budget. The Board 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 all sums required by the Association, as estimated by the Board, to meet its annual Common Expenses. The funds required to meet the Association's annual Common Expenses shall be raised from a general assessment against each Owner as provided hereafter. The Board may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 4.3 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget multiplied by such Owner's Common Expense Percentage. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least thirty (30) days in advance of the beginning of such period and shall during that time prepare a roster of the Owners and the general assessment allocated to each which shall be open to inspection by any Owner upon reasonable notice to the Board. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Board, before the expiration 50179\00308\195267.V02 MMC 6 of any assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the assessment period for which such budget was prepared, the Board shall, if necessary, revise the general assessment levied against the Owners and give notice thereof to each Owner. Section 4.4 Payment of General Assessment. The Board, at its election, may require the Owners to pay the amount assessed on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 4.5 Particularized Assessment. No assessment shall be made at any time which unreasonably discriminates against any particular Owner or group of Owners in favor of other Owners. However, a special assessment ("Particularized Assessment") may be made against a particular Owner by a two-thirds majority vote of the Board if, after notice from the Board of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 4.6 Commencement of Assessments. The liability of an Owner for assessments shall commence on the first day of the month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot or, if earlier, the first day of the calendar month following Owner's occupancy of such Lot). The Declarant, its successors and assigns, shall not be liable for any assessments with respect to any Lot unless such Lot has been improved with a Residence and the Residence is occupied. The due dates of any special assessment or Particularized Assessment payments shall be fixed by the resolution authorizing such assessment(s). Section 4.7 Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 4.8 Special Assessments. In addition to the general assessments authorized by this Article, the Association may, by majority vote of the Members in attendance at a meeting called for that purpose, levy a special assessment or assessments at any time, 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 capital improvement located upon or forming a part of the Common Areas or Common Area Improvements, including necessary fixtures and personal property related thereto, or for such other purpose as the Association way consider appropriate; provided, however, that any such special assessment in excess of $1000.00 per Lot must have the prior favorable vote of two-thirds or more of the Members in attendance at a meeting called for that purpose. Section 4.9 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot, recording of a real estate contract therefor, or any other means of acquisition of Ownership of a Lot, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property under the laws of the State of Washington. The liens provided 50179\00308\195267.V02 MMC 7 for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 4.10 Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 4.11 Subordination of Liens. 4.11.1 Intent of Provisions. The provisions of this Section 4.11 apply for the benefit of Mortgagees of Lots. 4.11.2 Mortgagee's Nonliability. A Mortgagee shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. 4.11.3 Mortgagee's Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the Mortgagee may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 4.11.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 4.11.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar an such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the expiration date of any period of redemption. The Board may treat any unpaid assessments against a Lot foreclosed against as a Common Expense of the Association pursuant to Section 4.3. 4.11.6 Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Board shall use reasonable efforts to collect the same from such Owner. 50179\00308\195267.V02 MMC 8 4.11.7 Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any First Mortgage, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of such transfer. Section 4.12 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Declaration or of the Articles, Bylaws or rules and regulations of the Association for a period of thirty (30) days, said Owner's voting rights shall without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot. Section 4.13 Reserves for Replacement. As a Common Expense, the Board shall establish and maintain a reserve fund for replacement of the Common Areas, Common Area Improvements, and any improvements thereon. Such fund shall be deposited with a banking institution. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas, Common Area Improvements, and any improvements and community facilities thereon, equipment replacement, and for operating contingencies of a nonrecurring nature. The Board may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. ARTICLE V EASEMENTS AND RIGHTS OF ENTRY Section 5.1. Easements. 5.1.1 Board's Right to Grant. The Board of Directors of the Association shall have the right to grant necessary easements and rights-of-way over the Common Areas to any Person for the reasonably necessary use and enjoyment of a Lot or Heritage Renton Hill by an Owner or Occupant. 5.1.2 Maintenance and Repair. Declarant expressly reserves for the benefit of the Association, the Board of Directors and all agents, officers and employees of the Association nonexclusive easements over the Common Areas and the Lots as necessary to maintain and repair the Common Areas and Common Area Improvements and to perform all other tasks in accordance with the provisions of this Declaration. 5.1.3 No Obstruction of Walkways and Streets. There shall be no obstruction of any streets or walkways located within Heritage Renton Hill which would interfere with the free circulation of foot or automobile traffic, except such obstruction as may be reasonably required in connection with repairs of such streets or walkways. Use of all streets and walkways within Heritage Renton Hill shall be subject to the reasonable rules and regulations adopted by the Association. The Board shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of the streets and walkways and shall have the right of entry for purposes of removing said interference or obstruction. Section 5.2. Rights of Entry. The Board of Directors, the Architectural Control Committee and Declarant shall have a limited right of entry in and upon the exterior of all Improvements located on any Lot for the purpose of inspecting the same and taking whatever corrective action may be deemed necessary or proper, consistent with the provisions of this Declaration. However, nothing herein shall be construed to 50179\00308\195267.V02 MMC 9 impose any obligation upon the Association, the Board, the Architectural Control Committee or Declarant to maintain or repair any portion of any Lot or any Improvement thereon which is to be maintained or repaired by the Owner. Nothing in this Article shall in any manner limit the right of any Owner to the exclusive occupancy and control over the Improvements located upon his Lot. However, each Owner shall permit access to such Owner's Lot or Improvements thereon by any Person authorized by the Board of Directors, the Committee or Declarant as reasonably necessary, such as in case of any emergency originating on or threatening such Lot or Improvements, whether or not such Owner is present. ARTICLE VI REPAIR AND MAINTENANCE Section 6.1. Repair and Maintenance Duties of the Association. Following initial installation, the Association shall maintain, repair, replace, resurface and make necessary improvements to the Common Areas, or shall contract for such maintenance, repair and improvements, to assure the maintenance of the Common Areas and Common Area Improvements in a good, sanitary and attractive condition. Such maintenance, repairs and improvements shall include, without limitation, maintenance and replacement of streets, shrubs, trees, vegetation, irrigation systems and other landscaping located on the Common Areas repair and payment for all centrally metered utilities, security systems, entrance gates and related mechanisms, other mechanical and electrical equipment in the Common Areas, and repair and maintenance of all walks and other means of ingress and egress within the Common Areas. All such maintenance, repairs and improvements to the Common Areas shall be paid for as Common Expenses. The Association shall pay all real, personal property and leasehold excise taxes and assessments which are separately assessed against the Common Areas. It shall further be the affirmative duty of the Board to require strict compliance with all provisions of this Declaration and to cause the Lots to be inspected by the Architectural Control Committee for any violations hereof. Section 6.2. Special Powers of Association. Without in any way limiting the generality of the foregoing, if the Architectural Control Committee determines that an Improvement, the maintenance of which is the responsibility of an Owner, is in need of repair, restoration or painting, or if the Board of Directors determines that there is a violation of any provision of this Declaration, then the Board shall give written notice to such Owner of such condition or violation. Unless the Architectural Control Committee has approved in writing corrective plans proposed by the Owner to remedy the condition complained of within such period of time as may be determined reasonable by the Board after the Board has given said written notice, and unless such corrective work so approved is completed thereafter within the time allotted by the Committee, the Board shall undertake to remedy such condition or violation, and the cost thereof shall be charged to the Owner and his Lot. Such cost shall be deemed to be a Particularized Assessment of such Owner and his Lot, and subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment and lien procedures provided for in this Declaration. ARTICLE VII COMMON AREAS Section 7.1. Owners' Common Rights. Owners shall have equal rights to use the Common Areas, except as otherwise specifically set forth in this Declaration. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners. Section 7.2. No Obstruction by Owner. The Owners of Lots which are burdened by any Com- mon Areas shall not in any manner interfere with the Association's maintenance, use and operation of the Common Areas, but such Owners may use the Common Areas within their respective Lots in any lawful manner that does not so interfere. Declarant makes no warranty or representation as to what, if any, uses may be made of any Common Areas. 50179\00308\195267.V02 MMC 10 Section 7.3. Maintenance of Common Areas. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas and Common Area Improvements in accordance with Section 6.1 of this Declaration. Section 7.4. Native Growth Protection Easements. Not Applicable ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee ("Committee") consisting of three (3) members is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until the expiration of the Declarant Control Period. After the expiration of the Declarant Control Period, the Board shall have the power to appoint and remove the members of the Committee. ARTICLE IX CONSTRUCTION OF IMPROVEMENTS Section 9.1. Approval of Plans Required. No Improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot by any Owner until final plans and specifications shall have been submitted to and approved in writing by the Committee. Such final plans and specifications shall be submitted over the authorized signature of the Owner of the Lot or his authorized agent. The plans and specifications shall be in such form and shall contain such information as may be required by the Committee, but shall in any event include the following: 9.1.1 A site development plan of the Lot showing the nature, kind, shape, composition and location of all structures with respect to the particular Lot, including, without limitation, the number and location of all driveways on the Lot; 9.1.2 Grading and storm drainage plan; 9.1.3 A landscaping plan; 9.1.4 A plan for the location of signs and lighting; 9.1.5 Building elevations and plans showing dimensions, materials and external color scheme in such detail as required by the Committee; and 9.1.6 A design review fee in an amount to be determined by the Board of Directors. Section 9.2 Plan Changes and Plans for Changes to Improvements. Material changes in approved plans must be similarly submitted to and approved by the Committee. In addition to the other requirements of Section 9.1 above: 9.2.1 No exterior surface of any improvement on any Lot shall be repainted, texturized or otherwise changed; 9.2.2 No alterations, additions or changes shall be made to any landscaping placed on any Lot; and 50179\00308\195267.V02 MMC 11 9.2.3 No additions or alterations to any paved area on any Lot shall be made, until plans for such painting, alterations, additions or changes, including samples of colors and materials, landscaping plans, or plans and specifications with regard to paving, as the case may be, together with such other information as shall be required by the Committee, have been submitted to the Committee and the Committee has approved in writing such requested change. Section 9.3. Approval Procedures. The Committee shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, the Committee shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: 9.3.1 failure to comply with any of the restrictions set forth in this Declaration; 9.3.2 failure to include information in such plans and specifications as may have been reasonably requested by the Committee; 9.3.3 objection on the grounds of incompatibility of any proposed structure, use or landscaping with existing structures, uses or landscaping upon other Lots, or other property in the vicinity of the subject Lot; 9.3.4 objection to the grading or landscaping plan for any Lot; 9.3.5 objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure; 9.3.6 objection to the number or size of parking spaces, or to the design of the parking area; 9.3.7 any other matter which, in the judgment of the Committee, would render the proposed improvements or use inharmonious with the general plan for improvement of Heritage Renton Hill or with Improvements located upon other Lots or other property in the vicinity. Section 9.4. Result of Inaction. If the Committee fails either to approve or disapprove plans and specifications submitted to it within thirty (30) days after the same have been submitted, it shall be conclusively presumed that the Committee has approved said plans and specifications; provided, however, that if, within the thirty (30) day period, the Committee gives written notice of the fact that more time is required for the review of such plans and specifications, there shall be no presumption that the same are approved until the expiration of such reasonable period of time as is set forth in the notice. Section 9.5. Approval. The Committee may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Committee of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with the Committee, and a copy of such plans and specifications, bearing such approval, together with any conditions, shall be returned to the applicant submitting the same. Section 9.6. Variances. Either the Board or the Committee may grant to any Lot or Owner thereof such variances from the covenants, conditions, restrictions and provisions set forth herein as it, in its sole discretion, determines is in the best interest of Heritage Renton Hill. Any variances granted hereunder shall be effective only if made in accordance with applicable law and in writing. Section 9.7. Proceeding with Work. Upon receipt of approval of the final construction documents from the Committee, the Owner to whom approval is given shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all 50179\00308\195267.V02 MMC 12 approved excavation, construction, refinishing and alterations. In all cases, work shall commence within twelve (12) months from the date of approval, and if work is not so commenced, approval shall be deemed revoked unless the Committee, pursuant to written request made and received prior to the expiration of said twelve(12) month period, extends the period of time within which work must be commenced. Section 9.8. Completion of Work. Any Improvement commenced pursuant hereto shall be completed within six (6) months from the date of commencement of construction, except for so long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship upon the Owner to whom the Committee's approval is given due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of the Owner. The Committee may, upon written request made and received prior to the expiration of the six (6) month period, extend the period of time within which work must be completed. Failure to comply with this Section 9.8 shall constitute a breach of the Declaration and subject the party in breach to the enforcement procedures set forth herein. Section 9.9. Construction Deposit. For purposes of protecting the Common Areas and Common Area Improvements against damage during construction by an Owner, his contractors and agents, the Committee is authorized to require a cash deposit from each Owner to whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes ("Construction Deposit"). The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). In the event an Owner, his contractor, agents or employees causes any damage or destruction to any portion of the Common Areas or Common Area Improvements, the Committee shall notify such Owner and request the replacement or repair of the item or area damaged or destroyed. The Owner shall have a period of 48 hours after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, and to commence such correction. The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Owner agrees to make such changes thereto as are necessary to obtain the Committee's approval. If the Owner fails to correct the damage in the manner or within the time approved by the Committee, the Committee may, at its option, perform such work as is necessary to remedy the situation on behalf and at the expense of the Owner and apply the Construction Deposit against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Owner shall pay the Association that excess cost within 10 days of demand by the Committee. Upon completion of construction of the Improvements on the Lot, and following a joint inspection of the Improvements and Lot by the Owner and the Committee to verify that no damage to the Common Areas and/or Common Area Improvements has occurred, the Committee shall make a final determination of compliance and return the remaining balance, if any, of the Construction Deposit to the Owner, without interest within 10 days of such final determination. Section 9.10. Committee Not Liable. The Committee shall not be liable for any damage, loss or prejudice suffered or claimed by any person on account of: 9.10.1 The approval or disapproval of any plans, drawings and specifications, whether or not in any way defective; 9.10.2 The construction of any Improvement, or performance of any work, whether or not pursuant to approved plans, drawings and specifications; 9.10.3 The development of any Lot within Heritage Renton Hill; 9.10.4 Injury to any person or property due to construction, the performance of any work, location of any physical object, or resulting from the performance of any work within Heritage Renton Hill; 9.10.5 The failure of the Owner to comply with any applicable ordinances, codes or regulations, including sensitive or critical areas ordinances; and 50179100308\195267.V02 MMC 13 9.10.6 Omissions to act done in good faith in the interpretation, administration and enforcement of this Declaration. Section 9.11. Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the Committee pursuant to the provisions of this Declaration, such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from the Committee any such Improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Declaration shall be removed or altered so as to conform to this Declaration. Should such removal, or alteration, or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in this Declaration. ARTICLE X BUILDING MATERIALS; REQUIRED CONSTRUCTION; LANDSCAPING; OTHER REQUIREMENTS Section 10.1. Building Materials. Each Residence constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Aluminum or "T-111" siding and aluminum window frames are not permitted. Roofing material, types and colors of exterior paint and stain must be submitted to the Committee for approval. Section 10.2. Minimum Floor Area. The floor area of the main house structure, exclusive of open porches and garages, shall be not less than 1800 square feet. Section 10.3. [Not Used]. Section 10.4. Roof Drains. Roof drains for Residences installed on Lots 1 through 50 must provide for discharge directly to the storm drainage system. Section 10.5. Foundation Drains. Footing drains for structures installed on Lots 1 through 50 must provide for discharge directly to the storm drainage system Section 10.6. [Not Used]. Section 10.7. Landscaping. Yards, excluding Native Growth Protection Easement areas, shall be fully landscaped within twelve (12) months after the date construction of the Residence commences unless extended by the Committee. No trees outside the building footprint shall be cut without the approval of the Committee. No fence shall be erected which shall be over six (6) feet in height. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. Section 10.8. Garages and Parking. Each Residence shall include a garage sufficient to hold at least two (2) automobiles. Section 10.9. Driveways. All driveways and parking areas shall be paved with a masonry type material, such as concrete or brick, unless otherwise approved by the Committee. No asphalt or gravel driveways or parking areas shall be permitted without approval of the Committee. Section 10.10. [Not Used]. 50179\00308\195267.V02 MMC 14 Section 10.11. Contractor. No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Architectural Control Committee. ARTICLE XI REGULATION OF OPERATIONS AND USES Section 11.1. Residential Use. The Lots are intended for and restricted to use as Single Family Residences only, on an ownership, rental or lease basis, and for social, recreational, or other reasonable activities normally incident to such use; provided, however, Declarant may use Lots and Improvements thereon owned by Declarant as sales offices and models. Section 11.2. No Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the community; and provided further that no signs or advertising devices of any character shall be permitted. Section 11.3. Garbage. No garbage, refuse, or rubbish shall be deposited or left in Heritage Renton Hill, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to be Visible from Neighboring Property, except on days of trash collections. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or scrap of any kind shall be permitted. Section 11.4. Nuisances. No noxious or offensive activity shall be conducted in any portion of Heritage Renton Hill, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Heritage Renton Hill which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Heritage Renton Hill community. The Board shall determine whether any given use of a Residence unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and Residences, or of the Common Areas, and such determination shall be final and conclusive. Section 11.5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept; provided, however, that dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be registered, licensed, and inoculated from time to time as required by law. Section 11.6. Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted if Visible from a Neighboring Property, except this shall not exclude temporary (less than 24 hours) parking of vehicles on the driveway areas adjacent to garages on the Lots. Upon 48 hours' notice to the Owner of an improperly parked or stored vehicle, boat, or other equipment, the Board has authority to have removed at the Owner's expense any such items Visible from a Neighboring Property parked on any Lot or within any Common Area for more than 24 hours. Section 11.7. Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. 50179\00308\195267.V02 MMC 15 Section 11.8. Antennae; Aerials. No external short-wave or citizens' band antennas, freestanding antenna towers, or satellite reception dishes of any kind exceeding eighteen (18) inches in diameter shall be permitted in Heritage Renton Hill. All television, FM radio antennas and satellite reception dishes having a diameter of eighteen (18) inches or less ("Permitted Dishes") must be physically attached to a structure and must comply with applicable governmental standards and guidelines and any Association rules and regulations. The Association shall have the authority to review, approve, modify or deny an Owner's request for an antenna or Permitted Dish installation. Section 11.9. Mineral Exploration. No portion of Heritage Renton Hill shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth, or any earth substances or other minerals of any kind; provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of Improvements within a Lot. Section 11.10. Signs. Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant, or agents or contractors of Declarant, or the Association, no signs or advertising, devices of any character shall be posted or displayed in Heritage Renton Hill. Section 11.11. Temporary Structures. No Improvement of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be installed, placed or used on any Lot, either temporarily or permanently. Section 11.12. No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain in or upon Heritage Renton Hill which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area unless specifically approved by the Committee. Section 11.13. Leasing. No Lot may be leased or rented by any Person for a period of fewer than thirty (30) days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Declaration, Articles, Bylaws and rules and regulations as may be adopted pursuant thereto. Any failure by a lessee to comply with the terms of such documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 11.14. Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Heritage Renton Hill except by authorized governmental officials. ARTICLE XII OWNERS' MAINTENANCE RESPONSIBILITIES Section 12.1. General. The Owner or Occupant of any Lot shall at all times keep it and the Improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with applicable governmental, health, fire and safety ordinances, regulations, requirements and directives, and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. Section 12.2. Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include, without limitation: 50179\00308\195267.V02 MMC 16 12.2.1 Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; 12.2.2 Cleaning, maintaining and relamping of any external lighting fixtures except such fixture as may be the property of any public utility or government body; and 12.2.3 Excluding Common Areas to be maintained by the Association, performance of all necessary maintenance of all landscaping within the Owner's or Occupant's Lot, including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees. Nothing contained herein shall preclude an Owner from recovering from any person liable therefor damages to which such Owner might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his Lot. Section 12.3. Remedies for Failure to Maintain and Repair. 12.3.1 Remedies. If any Owner shall fail to perform the maintenance and repair required by Section 12.2, then the Board, after fifteen (15) days prior written notice to such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge as a Particularized Assessment the delinquent Owner and his Lot with the cost of such work, together with interest thereon at a rate to be set by the Board from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by such Owner. If the delinquent Owner shall fail to reimburse the Association for such cost within ten (10) days after demand therefor, the Association may, at any time within two (2)years after such advance, enforce the lien in accordance with the provisions of this Declaration. 12.3.2 Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which the Board may have hereunder and by law, including any suit for specific performance or to recover a money judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, the Board should fail to exercise its rights and remedies hereunder, then any other Owner, after fifteen (15) days' prior written notice to the Board and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Board. 50179\00308\195267.V02 MMC 17 ARTICLE XIII DAMAGE OR LOSS TO IMPROVEMENTS Section 13.1. Restoration of Common Areas. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Common Areas, Common Area Improvements, or any other Improvements insured by the Association, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance shall be used for such purpose. The Board of Directors shall be authorized to have prepared the necessary documents to effect such reconstruction as promptly as practical. The Common Areas, Common Area Improvements, and all other Improvements shall be reconstructed or rebuilt substantially in accordance with the original construction plans if they are available, with such changes as are recommended by the Architectural Control Committee. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than the estimated cost of restoration and repair, a special assessment shall be levied by the Board of Directors upon the Owners and their Lots in order to provide the necessary funds for such reconstruction over and above the amount of any insurance proceeds available for such purpose. Section 13.2. Restoration Obligations of Owners. In the event of the damage or destruction of any portion of a Lot or the Improvements thereon, then it shall be the duty of the Owner of such Lot, as soon as may be practical, to repair and replace the damage or destruction, or such portion thereof as will render such damage or destruction indiscernible from the exterior boundaries of the Lot. Any reconstruction, replacement or repair required by this section shall be in accordance with the original plans and specifications of the Lot or plans and specifications approved by both the Architectural Control Committee. Section 13.3. Condemnation. In the event the whole, or any part, of the Common Areas shall be taken or condemned by any authority exercising the power of eminent domain, the Board shall have the exclusive rights to prosecute the proceedings; provided, however, that nothing contained herein to the contrary shall prevent an Owner from joining in the proceeding for purposes of claiming that the condemnation action has materially affected said Owner's Lot and any Improvements thereon. The entire award relating to the taking of any part of the Common Area shall be paid to the Board in trust for the benefit of the Owners. The Board shall distribute the award to the Owners in proportion to their Common Expense Percentages; provided, that if a Lot is encumbered by a Mortgage or Mortgages which has or have a provision relating to condemnation, then in lieu of distributing the award to the Owner of said Lot, the Board shall distribute the award directly to the Mortgagee of the Mortgage with the highest priority and seniority for distribution or payment in accordance with the terms and conditions of said Mortgagee's Mortgage. ARTICLE XIV DURATION AND AMENDMENT Section 14.1. Duration. This Declaration shall continue in full force until December 31, 2045, unless a Declaration of Termination or Declaration of Renewal is recorded meeting the requirements of an amendment to this Declaration as set forth in Section 14.2. There shall be no severance by sale, conveyance, encumbrance or hypothecation of an interest in any Lot from the appurtenant Membership in the Association, as long as this Declaration shall continue in full force and effect. Section 14.2. Amendment. Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. The amendment shall be adopted by the vote, in person or by proxy, or written consent of seventy-five percent (75%) of the voting power of the Membership of the Association; provided, however, that so long as Declarant owns a minimum of two (2) Lots in Heritage Renton Hill, or for a period of ten (10) years from the recording of this Declaration, whichever is earlier, no termination or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. A copy of each amendment which has been properly adopted shall be 50179\00308\195267.V02 MMC 18 certified by at least two (2) officers of the Association and the amendment shall be effective when the Certificate of Amendment is recorded. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved in writing by all of the record holders of First Mortgages encumbering Lots in Heritage Renton Hill at the time of such amendment: 14.2.1 Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Mortgagees as provided in Section 4.11 or which seeks to modify Section 14.2 hereof; 14.2.2 Any amendment which would necessitate a Mortgagee after it has acquired a Lot through foreclosure, to pay more than its proportionate share of any unpaid assessment or assessments; or 14.2.3 Any amendment which would or could result in a Mortgage being canceled by forfeiture. Section 14.3. Modification by Declarant. For so long as Declarant is the Owner of at least two (2) of the Lots, Declarant, acting alone, may modify or amend this Declaration; provided, however, that (i)any such modification or amendment must be within the spirit and overall intention of the development as set forth herein; (ii) prior to any such modification or amendment, Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; and (iii)any modification or amendment shall not provide for any type of Improvements or uses not presently permitted by this Declaration nor declare any then permitted use to not be permitted. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and a proper instrument in writing has been executed, acknowledged and recorded by Declarant. Section 14.4. Governmental Regulation. All valid governmental enactments, ordinances and regulations are deemed to be part of this Declaration and to the extent that they conflict with any provision, covenant, condition or restriction hereof, said conflicting governmental enactment, ordinance and regulation shall control and the provision, covenant, condition or restriction hereof in conflict therewith shall be deemed (i)amended to the extent necessary to bring it into conformity with said enactment, ordinance and regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction or (ii) stricken herefrom should no amendment conforming to the governmental enactment, ordinance or restriction be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. ARTICLE XV WAIVER Neither Declarant, the Association, the Board, the Committee, nor their successors or assigns, shall be liable to any Owner or Occupant of Heritage Renton Hill by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any of the Lots by acquiring its interest therein agrees that it will not bring any action or suit against Declarant, the Association, the Board or the Committee, or their successors or assigns, to recover any such damages or to seek equitable relief because of same. 50179\00308\195267.V02 MMC 19 ARTICLE XVI GENERAL PROVISIONS Section 16.1. Legal Proceedings. Failure to comply with any of the terms of this Declaration, the Articles and Bylaws of the Association or regulations adopted pursuant thereto, by an Owner or Occupant, his guests, employees, invitees or tenants, shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof, which relief may be sought by Declarant, the Association, the Board of Directors or, if appropriate, by an aggrieved Owner. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. In addition to any other available remedy, the Association, the Board, any Owner (not at the time in default hereunder) or Declarant shall be entitled to bring an action for damages against any defaulting Owner and, in addition, may enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys' fees, including appeals, in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, together with interest, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. Section 16.2. Severability. The provisions hereof shall be deemed independent and severable, and a determination of invalidity or partial invalidity or enforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provisions hereof. Section 16.3. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of the development and for the maintenance of the Common Areas, and any violation of this Declaration shall be deemed to be a nuisance. Section 16.4. Headings; Gender; Etc. The article and section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context otherwise requires, as used herein the singular and the plural shall each include the other and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. Section 16.5. Construction and Sales by Declarant. Nothing in this Declaration shall limit, and no Owner shall do anything which shall interfere with, the right of Declarant to complete any construction of Improvements on the Lots owned by Declarant and the Common Areas, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements on such Lots and Common Areas as Declarant deems advisable prior to the expiration of the Declarant Control Period. Each Owner, by accepting a deed of a Lot from Declarant, hereby acknowledges that the activities of Declarant may constitute a temporary inconvenience or nuisance to the Owners. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on Heritage Renton Hill such structures and displays as may be reasonably necessary for the conduct of its business or completing the work and disposing of the Lots by sale, lease or otherwise. Declarant may use any Lots owned by Declarant as models or real estate sales or leasing offices. This Declaration shall not limit the right of Declarant at any time prior to conveyance of title by deed to the last Lot to establish on the Lots owned by Declarant and the Common Areas additional easements, reservations and rights-of-way to itself, to utility companies, or to other Persons as may from time to time be reasonably necessary for the proper development and disposal of the Lots. Such easements may be created for the construction, installation, maintenance, removal, replacement, operation and use of utilities, including, without limitation, sewers, water and gas pipes and systems, drainage lines and systems, electric power and conduit lines and wiring, telephone conduits, lines and wires, and other utilities, public or private, beneath the ground surface, except vaults, vents, access structures and other facilities required to be above ground surface by good engineering practice, including the right to dedicate, grant or otherwise convey easements for rights-of-way to any public utility or governmental entity for such purposes. In the performance of any work in connection with such utilities, Declarant shall not unreasonably interfere with or disrupt the use of the Common Areas or the facilities located thereon and 50179100308\195267.V02 MMC 20 shall replace and restore the areas and facilities as nearly as possible to the condition in which they were prior to the performance of such work. All or any portion of the rights of Declarant hereunder may be assigned to any successor or successors to all or part of Declarant's respective interest in Heritage Renton Hill, by an express written and recorded assignment. Section 16.6. Hold Harmless and Indemnification. Each Owner shall be liable to the Association for any injury to any person or damage to the Common Areas, Common Area Improvements, or any equipment thereon which may be sustained by reason of the negligence of said Owner or of his guests, employees, invitees or tenants, to the extent that any such damage shall not be covered by insurance. The costs incurred by the Association as a result of such damage shall be deemed a Particularized Assessment of such Owner and his Lot, and shall be subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment and lien procedures provided in this Declaration. The Association further reserves the right to charge a Special Assessment equal to the increase, if any, in the insurance premium directly attributable to the damage or injury caused by such Owner or by the use of the Lot of such Owner. The Association shall hold each Owner safe and harmless from liability for loss or injuries occurring on the Common Areas to the extent that such loss or injuries are covered by insurance then maintained by the Association. Section 16.7. No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of Heritage Renton Hill to the public, or for any public use. Section 16.8. Nonliability and Indemnification. Except as provided herein, no right, power or responsibility conferred on the Board or the Architectural Control Committee by this Declaration or by the Articles or the Bylaws shall be construed as a duty, obligation or disability charged upon the Board, the Committee, any member of the Board or of the Committee, or any other officer, employee or agent of the Declarant or the Association. No such Person shall be liable to any party other than the Association or a party claiming in the name of the Association for injuries or damage resulting from such Person's acts or omissions within what such Person reasonably believed to be the scope of his Association duties ("Official Acts"), except to the extent that such injuries or damages result from such Person's willful or malicious misconduct. No such Person shall be liable to the Association or to any party claiming in the name of the Association for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Persons willful or malicious misconduct. The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against, any Person as a result of any action or threatened action against such Person to impose liability on such Person for his Official Acts, provided that: 16.8.1 The Board determines that such Person acted in good faith and in a manner such Person reasonably believed to be in the best interests of the Association; 16.8.2 In the case of a criminal proceeding, the Board determines that such Person had no reasonable cause to believe his conduct was unlawful; and 16.8.3 In the case of an action or threatened action by or in the name of the Association, the Board determines that such Person acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 16.8.4 Any determination of the Board required under this Section 16.8 must be approved by a majority vote of a quorum consisting of Directors who are not parties to the action or threatened action giving rise to the indemnification. If the Board fails or refuses to make any such determination, such determination may be made by the vote of a majority of a quorum of the Members of the Association voting at a meeting of the Association called for such purpose, provided that the Person to be indemnified shall not be entitled to vote. 50179\00308\195267.V02 MMC 21 16.8.5 Payments made hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This Section 16.8 shall be construed to authorize payments and indemnification to the fullest extent now or hereafter permitted by applicable law. 16.8.6 The entitlement to indemnification hereunder shall inure to the benefit of the estate, executor, administrator, heirs, legatees or devisees of any Person entitled to such indemnification. Section 16.9. Notices. Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more co-owners of a Lot or to any general partner of a partnership owning a Lot shall be deemed delivery to all co-owners or to the partnership, as the case may be. Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Association or, if no such address shall have been furnished, to the street address of such Lot. Such notice shall be deemed delivered forty-eight (48) hours after the time of such mailing, except for notice of a meeting of Members or of the Board of Directors, in which case the notice provisions of the Bylaws of the Association shall control. Any notice to be given to the Association may be delivered personally to any Member of the Board of Directors, or sent by United States mail, postage prepaid, addressed to the Association at such address as shall be fixed from time to time and circulated to all Owners. THIS DECLARATION has been executed on the date first written above. Heritage Arnold Associates LLC., a Washington Corporation By: Its: 50179\00308\195267.V02 MMC 22 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2002, before me personally appeared , to me known to be the of Heritage Arnold Associates LLC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at My commission expires: [Type or Print Notary Name] (Use This Space for Notarial Seal Stamp) 50179\00308\195267.V02 MMC 23 EXHIBIT A Description of Property Comprising Heritage Renton Hill THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°56'37" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°43'38" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.33 FEET; THENCE SOUTH 71°05'12" WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44°20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148.20 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH O1°46'02" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.14 FEET TO THE TRUE POINT OF BEGINNING. 50179\00308\195267.V02 MMC Return Address: City Clerk's Office City of Renton 1055 South Grady Way 20021030001007 Renton,WA 98055 CITY OF00 RENTON5EAS 23.00 10/30/2002 10:22 KING COUNTY, WA WATER UTILITY EASEMENT 44 Property Tax Parcel Number: 244520- Tit.A Project File#: _ Zq gi Street Intersection or Project Name:5e 46.4.DR a, gehcoa Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): a Grantee(s): 1. f-frt-00".) g1 Dt•' µ°m`fv""�'�s14355 . 1. City of Renton,a Municipal Corporation n-- 2. The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, ® convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public water line with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King c a County,Washington,more particularly described as follows: e== ColSEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A" 96 t,‘ -AkeC " I,CA)J 12i066 vot. 129 P6 SI —51 CZ, I..oc, 0.1 N f `it of sec.. 20/'f 23 , Qg 5 C, w. M 1Z.w G Cowl , 11,1 Ah(1,16-1-W Bennet Homes_Lasement.doc\ Page 1 FORM 03 0009/bh/ For the purpose of constructing,reconstructing,installing,repairing,replacing, enlarging,operating and maintaining Water Line utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the ' utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the c-1 t= heirs,executors,administrators and assigns forever. IN WITNES REOF .,aid Grantor has caused this instrument to be executed this zS day of f 7 c_t. t9- }�. I'/LC'.s, c , F4441c.-' BiDes go/NOoc.,✓aKS A-..cree, •c,4 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: • Dated: Bennet Homes_Easement.doc\ Page 2 FORM 03 0009/bh/ INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) 0111111t1//I I' ,{{rt�rc r �C HA'la II fy that I know or have satisfactory evidence that = �����$� SSION ;;;,,p�i signed r� `� �.:� �A si ed this instrument,on oath a� � �.:N' %* t he she hey a ere'a tho 'zed to execute the instrument and s' NOTAgy aTa% ed t as the and of IF- I\ to be the free and voluntary act of such car inot, party/pa es or the u s nd purposes mentioned in the instrument. cr, IVO • v ���i�0F'WAS' j1 D ary Pu ici an for the Sta of Washington Notary ) A My appoin t expires: J5c9 `�" Dated: 3 $ CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this_ day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\DIVISION.S\UTILITIE.S\WATER\ABDOUL\PLANRVW\Bennet Homes_Easement.doc\ Page 3 FORM 03 0008/bh/ EXHIBIT"A' LEGAL DESCRIPTION OF EASEMENT A 10 feet strip of land lying within Tract"A"of theplat of Falcon Ridge(also known as Cedar Ridge),as recorded in Volume 129 of plats,pages 51 through 57, inclusive, records of King County, Washington,more particularly described as follows: Beginning at the most westerly corner of said Tract"A"(open space)in said plat; Thence South 44° 19'40"East along the southwesterly boundary line of said Tract"A" and said plat, a distance of 143.41 feet,to the beginning of a curve to the right having a radius of 2,899.65 feet; Thence southeasterly along said curve and said southwesterly boundary line an arc distance of 61.50 feet,to an intersection with the centerline of SE 8th Drive; Thence northeasterly along said centerline,to an intersection with a line 10 feet c=1, northeasterly of and parallel with said southwesterly boundary line; c Thence northwesterly along said parallel line, to an intersection with the westerly boundary line of said plat; Thence South 71°06' 06"West along said westerly boundary line, to the most westerly corner of Tract"A" and the point of beginning. r=c Situate in the Northeast quarter of Section 20, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Containing an approximate area of 2,049 square feet. Document in Microsoft Internet Explorer\ Page 4 FORM 03 0008/bh/ O O C I 4 n a )LOG. SEPARATION IS MAINTAINED. Q °p y Z o > 60 u>. N5\ e45 ,.`•• N N toT 9, ? �'t 9 C, Ej �, Z o574 O -cli. 4, • `° 96 95 ye . ', za0 . gy °U `� a7 Qo\ J 3. ♦.Ni Cr ► m o �1oQy‘Q e ,Ic .� a9� // $, 13 O e a� 0 e %l. N 'yA a cb;•. o• 62 k 91 8? V4, k y 64 '40 O N 5y.9, �, R �, e' Q�4 Se $}H viz,. C 4 9,, ... 65 70 �` SS O 26.34 © 1 ., m _ �0 ,�,vp rb 70 _ N tri /F 11‘ q2 8" // 14 O \\ + m •- 7.L SA •F� 0 a)(`Z` \ 's,, a 71 ,� i 141 i PRUPo5e0 l0-Pots( Wine11141h �� 0 69\\< uz1kAiv EASEMt5)r" fr�a.. 0 9(G. O w tx(E eItu 6 /�`�`�1 ���) • 68 A O 94 . . ' A 0• ."91- 9iV• ?� T.00� g1�o060 0.30 o�Cta�t Of Tither tlA� `° 67 5. //, : got 'j'i ib a5.00 �,N6il PLAT of FALCO Pib6e �� 66 µw \� /� /� A5p0 50uNO s/1°9 Q� V ov• 1Z"1 , P. 5` 5 I . O 5� v.. PAGES H of RE'f4 _-�— of 5e, 20) -I 234, W M a 1°=a0. o R. SEi W• . k tw G Co UNc1 k '' . DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Heritage Arnold Associates,LLC Bill Sherman Heritage Renton Hill Final Plat (Preliminary Plat LUA 00-053PP) File: LUA 02-085FP LOCATION: SE 8th PL and Beacon Way SE Section 20,Twp.23 N.Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 50 single family residential lots with water,sewer,storm, streets and lighting. RECOMMENDATION: 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, Heritage Arnold Associates, LLC, filed a request for approval of a 50 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on October 17,2000,for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at SE 8th PL and Beacon Way SE. The new plat is located in Section 20,Twp.23 N.Rng. 5 E. 6. The subject site is a 10.39 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on September 10,2001. 8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 enacted in June 1993. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual(KCSWDM). This will be required during the construction of both off- site and on-site improvements was well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the most recent KCSWDM Temporary pipe systems can also be used to convey stormwater across the site. These measures will be required during the construction of both off-site and on-site improvements, as well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements, as well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of Record to the Public Works Inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Applicant maintained the Temporary Erosion Control to the satisfaction of staff. 5. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of$75.00 per each new average weekday trip attributable to the project, estimated to be 9.55 average weekday trips per new single family lot. The Transportation Mitigation Fee is due prior to the recording of the plat. The Traffic Mitigation fee will be paid prior to the recording of the plat. 6. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$488.00 per each new single family lot created by the proposed plat. The fee is due prior to the recording of the plat The Fire Mitigation Fee will be paid prior to the recording of the plat. 7. The applicant shall pay the Parks Mitigation Fee at the rate of$530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. The Parks Mitigation Fee will be paid prior to the recording of the plat. 2 HERITAGEHILLFP.DOC/ 8. The applicant shall follow the recommendations of the geotechnical engineers, Geotech Consultants, Inc., (report dated September 14, 1999), as they pertain to site development and building construction. The applicant followed the recommendations of the geotechnical engineers, Geotech Consultants,Inc.,(report dated September 14, 1999)to the satisfaction of staff and shall continue to follow the recommendations as they pertain to the building construction. 9. A note shall be added to the face of the plat,prior to recording, stating that a known potential for ground subsidence exists in the area and that building plans shall be designed in consultation with a structural engineer and shall conform to the recommendations of the Geotech Consultants, Inc., as found in their report dated September 14, 1999. A note was added to the face of the plat stating that a known potential for ground subsidence exists in the area. This note is on sheet 2 of the final plat drawing and is under the heading"Coal Mine Hazard Area". 10. The rear setback at the lot located in the northwest corner of the property (Lot 35 as shown on the plan dated 8/31/00) shall be twenty five feet. A note shall be placed on the title of the lot prohibiting building construction within twenty-five feet and clearing within ten feet of the rear property line, as shown on the revised plan submitted by the applicant and dated 8/31/00. A note was placed on the plat drawing showing a twenty-five foot rear yard setback and a 10 foot no-clearing zone both per this SEPA condition. 11. The applicant shall ensure that all construction debris and discarded items are excavated from the site and construction is ceased immediately,followed by notification of the City of Renton Development Services Division within 24 hours, should hazardous material be discovered during said removal. The applicant shall ensure that all construction debris is excavated from the site should hazardous material be discovered. 12. The Construction Traffic Control Plan shall include a condition that construction vehicles in excess 26,000 gvw, associated with the project, would be prohibited from operating on Renton Hill during am and pm peak traffic hours as identified in the report, "Heritage Renton Hill Preliminary Plat Arnold Property Traffic Impact Analysis,Addendum No. 2,"by Transportation Planning&Engineering, Inc., dated September 11, 2000. The applicant has complied with the Traffic Control requirements to the satisfaction of staff. 13. The applicant shall obtain an access permit in order to use the Seattle Public Utilities "Cedar River Pipeline Easement"for a secondary, emergency only access. City staff is preparing a permit and agreement document with the Seattle Public Utilities for use of the Seattle pipeline road for emergency access. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) The plat should be reduced from 57 to 50 single family lots with a density of 6.02 dwelling units per acre. This falls within the permissible range of 5 to 8 dwelling units per acre. The plat was reduced from 57 to 50 single family lots. 3 HERITAGEHILLFP.DOC/ 2) The applicant shall comply with the conditions imposed by the ERC. Applicant complied with the above noted ERC conditions. 3) The plat shall contain language acceptable to the City Attorney regarding the recreation and open space respectively and precluding development of them. The City Attorney has reviewed the language regarding the recreational and open space and has approved it as to legal form. 4) All landscape tract areas, with the exception of the 5,402 sf tract located at the development entry, the 3,042 sf private "Park", and the landscape area abutting the stormwater tract, shall be incorporated into lots already proposed within the plat. No additional building lots are to be created A revised plan shall be submitted to the Development Services Division prior to receiving construction permits The goal of incorporating all landscape tract areas into lots already proposed within the plat as discussed in the preliminary plat,has been met. No additional building lots were created. 5) Commonly held open space areas shall be enhanced, prior to occupancy, with landscaping including mixed deciduous and evergreen trees and plantings of native shrubs and groundcover. The applicant shall submit a landscape plan to the Development Services Department for approval. A landscape plan including mixed deciduous and evergreen trees has been submitted and reviewed. The plantings shall occur prior to occupancy. 6) A Hold Harmless Agreement shall be recorded that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. A Hold Harmless Agreement has been prepared by the applicant and it has been sent to the City Attorney for review prior to the recording of the plat. This agreement shall indemnify the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. 7) The applicant will have to secure in writing permission to use the Seattle pipeline road for emergency access. City staff is preparing a permit and agreement document with the Seattle Public Utilities for use of the Seattle pipeline road for emergency access. 8) The homeowners would be required to maintain the open space tracts at the entrance and the park area. A homeowners association was created for the maintenance of all common area improvements. 4 HERITAGEHILLFP.DOC/ 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: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 14TH DAY OF OCTOBER,2002 "&e4..) DEVELOPMENT SERVICES DIVISI f l 5 HERITAGEHILLFP.DOC/ I Return Address: City Clerk's Office 200310060i01046 City of Renton CITY OF RENTON BS 20.00 1055 South Grady Way PAGE 001 OF 002 10/06/2003 12:08 Renton,WA 98055 KING COUNTY, WA ITitle: BILL OF SALE Property Tax Parcel Number: 202305-9110 Project Fiie#: k57W z981 Street Intersection or Project Name: Address: LUA 02-085FP Heritage Renton Hill Plat Beacon Way&South 7th Court Reference Number(s)of Documents assigned or released: Additional reference numbers are on page . Grantor(s): Grantee(s): 1. Heritage Arnold Associates,LLC 1. City of Renton,a Municipal Corporation The Grantor as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the Grantee,as named above,the following described personal property: WATER SYSTEM: Length Size Type 1,774 L.F.of 12 " DI Water Main 793 L.F.of 8 DI Water Main 213 L.F.of 4 " DI Water Main 5 each of 12 " Gate Valves 9 each of 8 " Gate Valves 3 each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type 2,479 L.F.of 8 " PVC Sewer Main L.F.of Sewer Main L.F.of Sewer Main 14 each of 48 " Diameter Manholes each of " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Length Size lips I 2,047 L.F.of 12 ADS N12 Storm Line 46 L.F.of 8 " ADS N12 Storm Line L.F.of " Storm Line each of " Storm Inlet/Outlet 21 each of NA " Type 1 Storm Catch Basin 8 each of 48 " Type 2 Manhole STREET IMPROVEMENTS:(Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk 2,219 L.F. Asphalt Pavement: 7,397 S.Y. or LF of Width STREET LIGHTING: #of Poles 8 By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. { J y� H:\FILE.S.SIFRM\84HNDOUBIt.LSALE.DOC\MAE Page 1 7797. 3f.wpd 1 c(IAA14(1-RICEIVED F E B 2 1 2003 CITY OF RENTON RiENTON CITY COUNCIL PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM CITY OFRENTON FEB 2 4 2003 RECEIVED CITY CLERKS OFFICE DATE: FEBRUARY 21,2003 TO: KATHY KEOLKER-WHEELER,COUNCIL PRESIDENT RENTON CITY COUNCIL FROM: NEIL WA ris U " U SUBJECT: HERITAGE RENTON HILL PLAT—EMERGENCY ACCESS Staff has received an inquiry regarding the emergency access for the Heritage Renton Hill Plat from the Seattle Public Utilities (SPU) pipeline right-of-way. The question was whether a signed agreement was required for the emergency access prior to issuance of permits for the plat. Review of the records for this plat show that this was not a requirement of the project, and the construction permit, site construction and subsequent approval of the final plat were in conformance to the condition referencing the emergency access for the plat. The preliminary plat approval included the following condition: 7. The applicant will have to secure in writing permission to use the Seattle pipeline road for emergency access. I Use of the Seattle right-of-way can only be secured by agreement between SPU and the City,as is access for the Philip Arnold Park,emergency access to Falcon Ridge subdivision, and access to the numerous houses along Beacon Ave. The developer of the preliminary plat requested SPU approval of the emergency access on January 2, 2001 (see attached). The City then received verbal approval from SPU for renewing the expired permit for these uses, including emergency access for the Heritage Renton Hill Plat. The City received the written permit from SPU, for signature from the City,prior to September 2001. The permit from SPU was deemed sufficient for purposes of complying with the above listed Condition#7, allowing for approval of the final plat. This permit has not been signed by the City, pending discussion with SPU for construction access,and access issues related to school buses. The City and SPU were unable to come to an acceptable agreement on use of the right-of-way for construction access prior to issuance of the construction permit. The school bus access issue has been resolved to the satisfaction of the school district and SPU. The final permit is ready for City signature. cc: Mayor Tanner Jay Covington .•s CITI )F RENTON ••� Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren RECEIVED MEMORANDUM SEP. i 02001 CITY OF RENTON UTILITY SYSTEMS To: Tom Boyns From: Lawrence J.Warren, City Attorney Date: September 6, 2001 Subject: Request for Review Seattle Public Utilities Permit The form of the permit looks fine. .=:Yot s Auld to sure that,thO'Mayor's office knows about the 17. permit renewal as there has been contiitued diseussiott"about hi ,acce§ t 're Ice J. W en ,. LJW:tmj .^ ; • cc: Jay Covington . „ .. . • • . • • • • • • Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This caper contains 50%recycled material.20%post consumer • . , . • . ....„.. I . 1 • ! I. .• •---", ..- , - 1 . ''',.. ij1/4 /-"- I ---- i'N.:. ....1..•:2.2.iiil- / / i ::i. g_........,„.:7•0/ ' EXHIBIT "B" ! , 235 \ --- C2' 1 I 11 -Ns - ' - -4. i 1 .-- . ) . ,...\.S.T..._01i3A1 WA TER 35 , ,..\ \. TRACT 44 4. 4 4138 3 36 • 34 j . _. TT ..3.5 i 54' 1 I \ \ N ; c N --- 1 \ '4119Pri. 4.5 461 •-, 48 49 50 WA 1 ji _ _... _. . . .. . -1_,. .,Cs\:\./ JNOSCAPIek \ ,. 1 Tli'ACT -$.\ 1p, 57 56 5511 ,349 ___....-r--1.---.. ,..\-- 1 ' i 1 I „ e , • ../ , . 5/y.r . . ....-- .. - '::"4„.• LIZN'"+ 6 . .-N ''. 28 1 .../ \ .. 2'.------ _.,...,,, '1/4---- \--",,, . . 7 8 9 10 11 12 27 /.../ ' ` ..e ....„, ...,,„... .........-1-----, ,. .. .. 7. \I ,... ........ ...,/ „,...\ .1, •,, =, , I. L.--,..4.; r• <•\ 0 X 17 1. 15 14 1.3 , t-_ . .._, . 1,. .7.-„.J.-- —; 1 --,7' • rf;'A•' ,.1 ; .-•.......,' el y 1: , 7. I-----... --I 6 1 <`-,,,,s'• / 24 I- - - - f -- s -.• LANDSCAPING-' '...--\\ .. • ! , 18 1 23 1 !---— - :47., -—I . 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N...... ,.< ..‘ . , ... . ./ / LANDSCAPING ...-\ \ (\. -, \'' / • __ _.--e '\ \ \. .,› s's \ / TRACT _- \ Nt\s ‘\,.). i / ...... .......". 1 \ N" , %se..., ........ / / ...—..--,.— , \ .41\c ''c \ \• \I--)•---------. ..1-• F().'i'•''. ;., 1 - i- \--- _....----- \I \ \„...- .._ „out,.•:•1-: ,...• :..„.., „;,,,,;.......4.• F1-%3'..•••••:.".. %..' !' -,....... . 1 152 ----' _--- ! i-----. .----1..----;--- - -- ------—---- \ .\ __--r-•-- 1 I \ ---)\-- _ ---- --\\ \ F \ \ i.t.Lt i. i \ \ • 1.T. ...-- , ar--";i1• ,, .......- , ..--- _...-- ,.\ \ i - --- --- , _....- \ 7 7 ---"------* ::'-::-::- \''.-----------.-"", \ • \ 2:-.,,/ •,....----, , „,• 1. i'' ••,../""""*-•/". • • . ......""".. ....•-••••• ....-- ..-----, \ .1%......\--. .-•'' . 1 • '-- h- gT1-/ VW1b0 1411.--L:\ ( F-A- L.4.1.0r3 --e171.f7 \ lviFJ:40\-V-,`-i fr--'<11-e--'/ i 1---- • ,..--""‘ \ . --- \ „ N ! t::•P115 '-3-- -C ' \rNrX-1 .- .' \) -.-- \ \ \ i ---- ---- - ---- _ ---- _ -- \ - \ \ ---' - , 7. The Permittee agrees to maintain the roadway surface in order to keep it in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the roadway. 8. The Permittee agrees that the City shall not be liable for restoration of the road surface, including by reason of any construction, alteration or improvement by the City, its agents or representatives. 9. The Permittee shall perform no work or make no improvements on the right of way without written. permission of Seattle Public Utilities. If work is approved by the City, such work shall be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interests and convenience of the public. Permittee agrees to restore the premises to the condition found, or better. 10. The Permittee agrees to maintain compliance with any and all environmental laws and not to cause or permit the property to become contaminated with any hazardous substances in violation of environmental laws. In the event the property becomes contaminated resulting from Permittee's use for the purposes herein granted, Permittee agrees to clean up and remediate damage to property and to bring the property in compliance with the environmental laws. Permittee agrees to indemnify, release and hold harmless the City from any environmental liability which may arise out of, result from, or be related to Permittee's past, present, or future contamination of the property. 11. The annual use fee for this permit shall be $ 0 due and payable in advance. This fee may be subject to change in the future. 12. Either party my revoke this permit upon thirty days notice to the other. 13. Payment of application fee: $ 0 . 14. To the fullest extent permitted by law, the Permittee agrees that the City of Seattle shall not be responsible for any injury, loss or damage of any kind or description which may accrue to or be sustained by any person, firm, corporation or other entity by reason of the Permittee's use and occupancy of the property referenced above by the Permittee, its invitees or assigns. In the event any suit or action be brought against the City by reason thereof, the Permittee or its assigns, shall indemnify and save the City harmless therefrom, and shall upon notice to it of the commencement thereof, defend such suit or action at its sole cost and expense and will fully satisfy the final judgment rendered in any such suit or action except for that portion, if any, of such injury, loss or damage that results in such judgment, which is attributable to and proximately results from negligence of the City, its agents, employees or officers. 15. CONTACTS: Seattle Public Utilities City of Renton Routine operational issues,425-255-2242. 1055 South Grady Way Property management issues, 206-684-5969 Renton,Washington 98055: In case of emergency, (206)386-1800. APPROVED BY SEATTLE PUBLIC UTILITIES ACCEPTED BY THE CITY OF RENTON Date Date By By Ron Perkerewicz Manager, Real Property Services 710 Second Ave. Title 10th Floor Mailroom Seattle, WA 98104 CITY OF RENTON Construction Permit Permit Number: U020045 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 I TIES&ROAD IMPROVE DRAW 2891-LUA00- Job Address: SE 7TH CT&BEACON WY SE Owner: HERITAGE ARNOLD ASSOCIATES INC • 2100 124TH AV NE,S1"E 112 BELLEVUE,WA 98005 Contractor: RIVERTON CONTRACTORS INC Contractor License: RIVERCI173NP 12218 51ST PL S Contractor Phone: 206-948-5634 TUKWILA,WA City License: 0100 98178 Contact: HERITAGE ARNOLD ASSOCIATES INC Contact's Phone: 425-602-3700 - as 9,c �3_ O ZZ C7 p . � .���� a �S Other Information: Date of Issue 05/13/2002 Work Order 87031 Date of Expiration Parcel Number 2023059110 Date Finaled Inspector's Name MARK WE 1'H},RBEE Inspector's Phone 206-999-1829 r2 - 9 -az_ 1 (Ai _ ,. 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. Call425-430-7203.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 Subject to compliance with the Ordinances of the as described above and in approved plans,and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted. ordinances. X X.... .. . fi)(0 App cant Public Works Rep c THIS PERMIT MUST BE POSTED.AT THE JOB.SITE AT ALL TIMES. ENGo112/00 bh L.U,11 - 02-L4S.s 20021212000539 • CITY OF RENTON COV 47.00 Return Address: PAGE 001 OF 029 City Clerk's Office KING2COUNTY09WA8 City of Renton 1055 S. Grady Way Renton WA 98055 Please print or type information Document Title(s): 1Jf r>0`� I1-i'S TIL( 77O +, S Reference Number(s) of Documents assigned or released: [on page of document(s)] trI Grantor(s)(Last name first,then first name and initials): 0 1. Nam.-n-I rv1-!o ca.J 4 S'SU� 1-�� 1 ^� 2. I. (No 3. 4. ❑ Additional names on page of document Grantee(s) (Last name first,then first name and initials): • 1. ff-'- t N4-(o•? >J1 Ate S v L 2. CV 3. 4. 0 Additional names on page of document Legal Description (abbreviated: i.e. lot,block,plat or section,township,range): /Uc /47 I/" l/ c z � 7'• 2.3 Ate, Jc''. Si,� (4v141 • ❑ Additional legal is on page of document • Assessor's Property Tax Parcel/Account Number: 2v •Z 3 6 S q)I 0 . • r ❑ Additional legal is on page of document The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. • • u i DECLARATION Of COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS For Lan r-. HERITAGE RENTON HILL tN p . 1 I 111 TABLE OF CONTENTS Page ARTICLE I 1 Section 1.1. Words Defined 1 Section 1.2. Form of Words 4 Section 1.3. Construction 4 ARTICLE II 4 Section 11.1. Form of Association 4 Section 11.2. Board of Directors 4 Section 11.3 Bylaws, Rules and Regulations 5 Section 11.4. Membership 5 Section 11.5. Transfer 5 Section 11.6. Voting Rights 5 Section 11.7. Meetings of Members 5 Section 11.8. Books and Records 5 Section 11.9. Priorities and Inconsistencies 5 ARTICLE III 5 Section 111.1 Adoption of Rules and Regulations 6 Section 111.2 Enforcement of Declaration, Etc 6 Section 111.3 Goods and Services 6 s Section 111.4 Protection of Common Area 6 Section 111.5 Maintenance of Wetlands and Native Areas. 6 ZARTICLE IV 6 x'•41 Section IV.1 Owner's Covenants to Pay Assessments 6 Section IV.2 Association Budget 6 Section IV.3 Levy of General Assessment 6 "r" Section IV.4 Payment of General Assessment 7 iy Section IV.5 Particularized Assessment 7 ' Section IV.6 Commencement of Assessments 7 Section IV.7 Certificates of Assessment Payment 7 Section IV.8 Special Assessments 7 Section IV.9 Effect of Nonpayment of Assessment 7 Section IV.10 Lien to Secure Payment of Assessments 8 Section IV.11 Subordination of Liens 8 Section IV.12 Suspension for Nonpayment of Assessment 9 Section IV.13 Reserves for Replacement 9 I ARTICLE V 9 Section V.1. Easements 9 Section V.2. Rights of Entry 9 ARTICLE VI 10 Section VI.1. Repair and Maintenance Duties of the Association 10 Section VI.2. Special Powers of Association 10 ARTICLE VII 10 Section VII.1. Owners'Common Rights 10 Section VII.2. No Obstruction by Owner 10 Section VII.3. Maintenance of Common Areas 11 50179\00308\195267.V02 MMC I Section VII.4. Native Growth Protection Easements 11 ARTICLE VIII 11 ARTICLE IX 11 Section IX.1. Approval of Plans Required 11 Section IX.2 Plan Changes and Plans for Changes to Improvements 11 Section IX.3. Approval Procedures 12 Section IX.4. Result of Inaction 12 Section IX.5. Approval 12 Section IX.6. Variances 12 Section IX.7. Proceeding with Work 12 Section IX.8. Completion of Work 13 Section IX.9. Construction Deposit 13 Section IX.10. Committee Not Liable 13 Section IX.11. Construction Without Approval 14 ARTICLE X 14 Section X.1. Building Materials 14 I Section X.2. Minimum Floor Area 14 Section X.3. Required Fencing Along Native Growth Protection Easement 14 I Section X.4. Roof Drains 14 Section X.S. Foundation Drains 14 Section X.6. Surface Drainage- Required Drainage Blanket and Sloping of Subgrade 14 Section X.7. Landscaping 14 Section X.B. Garages and Parking 14 we Section X.9. Driveways 14 irvs Section X.10. Not Used 14 Section X.11. Contractor 15 cm ARTICLE XI 15 Section XI.1. Residential Use 15 ',ra Section XI.2. No Commercial Uses 15 ir.. Section XI.3. Garbage 15 Section XI.4. Nuisances 15 Section XI.S. Animals 15 Section XI.6. Vehicle Storage 15 Section XI.7. Utilities Underground 15 Section XI.8. Antennae; Aerials 16 Section XI.9. Mineral Exploration 16 Section XI.10. Signs 16 Section XI.11. Temporary Structures 16 Section XI.12. No Obstruction of Easements 16 Section XI.13. Leasing 16 Section XI.14. Weapons 16 ARTICLE XII 16 Section XII.1. General 16 Section XII.2. Grounds 16 Section XII.3. Remedies for Failure to Maintain and Repair 17 ARTICLE XIII 18 Section XIII.1. Restoration of Common Areas 18 Section XIII.2. Restoration Obligations of Owners 18 Section XIII.3. Condemnation 18 50179\00308\195267.V02 MMC ii ARTICLE XIV 18 Section XIV.1. Duration 18 Section XIV.2. Amendment 18 Section XIV.3. Modification by Declarant 19 Section XIV.4. Governmental Regulation 19 ARTICLE XV 19 ARTICLE XVI 20 Section XVI.1. Legal Proceedings 20 Section XVI.2. Severability 20 Section XVI.3. Interpretation 20 Section XVI.4. Headings; Gender; Etc 20 Section XVI.5. Construction and Sales by Declarant 20 Section XVI.6. Hold Harmless and Indemnification 21 Section XVI.7. No Public Right or Dedication 21 Section XVI.8. Nonliability and Indemnification 21 Section XVI.9. Notices 22 cn trwa ao a I rm. i a CZ 50179\00308\195267.V02 MMC ili DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS1;, FOR HERITAGE RENTON HILL THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS (this "Declaration") is made this 24th day of June, 2002, by Heritage Arnold Associates LLC, a Washington Corporation (hereinafter called the"Declarant"). RECITALS: A. This Declaration governs that certain real property located in the City of Renton, County of King, State of Washington, described in Exhibit A annexed hereto("Heritage Renton Hill"or"Property"). B. Declarant plans to develop Heritage Renton Hill pursuant to a general plan for all of Heritage Renton Hill and desires to provide for the preservation of the values and amenities of said community and for the maintenance of common areas and other common facilities and, to this end, desires to subject Heritage Renton Hill to this Declaration for the benefit of Heritage Renton Hill and each Owner ctrak ram. thereof. c i C. Declarant has or will incorporate under the laws of the State of Washington, as a nonprofit _ ', corporation, Heritage Renton Hill Homeowner's Association for the purpose of exercising the functions cw aforesaid. N NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of Heritage Renton Hill shall be held, leased, occupied, sold and conveyed subject to the following covenants, conditions and restrictions, all and each of which are for the purpose of enhancing and perfecting the value, desirability and o' attractiveness of Heritage Renton Hill in furtherance of a general plan for the protection of Heritage Renton •c, Hill, or any portion thereof. All, and each of these covenants, conditions and restrictions are hereby imposed as equitable servitudes upon Heritage Renton Hill. The covenants, conditions and restrictions and equitable servitudes set forth herein shall run with Heritage Renton Hill, and every portion thereof, shall be binding on all parties having or acquiring any right, title or interest in Heritage Renton Hill or in any part thereof, and their successors and assigns, shall inure to the benefit of every portion of Heritage Renton Hill and any interest therein, shall inure to the benefit of each Owner, and his or her successors and assigns, and may be enforced by any Owner or the Association; provided, however, that prior the expiration of the Declarant Control Period, Declarant shall have the powers, responsibilities and duties of the Association and the Board of the Association hereunder, including, but not limited to, maintaining and administering the Common Areas and Common Area Improvements, enforcing.the covenants, conditions and restrictions herein contained, and collecting and disbursing the assessments and charges hereinafter created. ARTICLE I DEFINITIONS Sectionl.1. Words Defined. For the purposes of this Declaration and any amendments hereto, the following terms shall have the following meanings: "Articles" shall mean the Articles of Incorporation of the Association which have been filed in the office of the Secretary of State of the State of Washington, as such Articles may be amended from time to time. 50179\00308\195267.V02 MMC "Association" shall mean Heritage Renton Hill Homeowner's Association, a Washington nonprofit corporation, its successors and assigns. "Board of Directors" or"Board" shall mean the Board of Directors of the Association. "Bylaws" shall mean the Bylaws of the Association, as such Bylaws may be amended from time to time. "Committee" or"Architectural Control Committee" shall mean the Architectural Control Committee formed pursuant to Article VIII of this Declaration. "Common Areas" shall mean: (a) any and all areas reserved for easements, as set forth, described or depicted in the Plat or otherwise reserved by Declarant, including without limitation, access easements, utility easements, wetlands areas, and Native Growth Protection Easements and (b) any portion of Heritage Renton Hill which is restricted to a use or uses beneficial to the Owners in common. "Common Area Improvements" shall mean and include all improvements and facilities installed within or upon any of the Common Areas, including without limitation, roads, streets, utility installations, bridges, perimeter fences, security systems, entrance facilities, signs, landscaping, and other 111 amenities. cn "Common Expense Percentage" means the percentage of general and special "',., assessments payable by each Owner of a Lot, computed as the quotient of one (1) divided by the total o number of Lots. n, "Common Assessments" shall mean the annual charge against each Owner and his Lot, representing a portion of the total ordinary costs of operating the Association and maintaining, operating, N improving, repairing, replacing and managing the Common Areas and Common Area Improvements, which charge shall be paid by each Owner to the Association to satisfy Common Expenses as further provided herein. o "Common Expenses" shall mean the actual and estimated costs of maintenance, est management, operation, repair and replacement of the Common Areas and Common Area Improvements (including unpaid Particularized Assessments and those costs not paid by the Owner responsible for payment); the costs of all commonly metered utilities and other commonly metered charges for Renton Hill; costs of management and administration of the Association, including, but not limited to, reasonable compensation paid by the Association to managers, accountants, attorneys and other employees; the costs of all services benefiting the Common Areas; insurance, bonding, if any, of the members of the management body, real and personal property and leasehold excise taxes and assessments paid by the Association and amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Areas; and the costs of any other item or items designated by the Association for any reason in connection with Heritage Renton Hill to be for the benefit of all of the Owners. z j "Declarant" shall mean Heritage Arnold Associates LLC, Inc., a Washington Corporation, its successors and assigns. "Declarant Control Period" shall mean the period commencing with the recordation of this Declaration and expiring on the first to occur of (i) the ten (10) year anniversary of such date of recordation, (ii) the date Declarant has conveyed the last of the fifty (50) Lots comprising Heritage Renton Hill, or (iii) the date Declarant records an instrument voluntarily terminating the right to act on behalf of the Association. 50179\00308\195267.V02 MMC 2 "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, Easements and Reservations for Heritage Renton Hill, as it may be amended from time to time as provided herein. "First Mortgage" means a recorded Mortgage encumbering a Lot which has legal priority over all other Mortgages on such Lot. "Improvement" shall mean all structures and appurtenances thereto of every kind, whether above or below the land surface, including, but not limited to, buildings, utility systems, walkways, driveways, parking areas, landscaping items, fences, walls, decks, stairs, swimming pools, patios, poles, landscaping vegetation, irrigation systems,signs, exterior fixtures and any other structure of any kind. "Lot"shall mean any one or more of the fifty(50) lots numbered 1 through 50 on the Plat. "Heritage Renton Hill" shall mean all of the real property described in Exhibit A annexed hereto. The term"Heritage Renton Hill" is synonymous with the term"Property". "Member" shall mean every person or entity who or which holds a membership in the Association, as provided in Section 2.4 hereof. "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Cr; Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial i-n owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or a o deed of trust and shall also mean the vendor, or the assignee of a vendor, of a real estate contract for the sale of a Lot. cv "Mortgagor" shall mean the mortgagor of a mortgage, trustor or grantor of a deed of trust, cv and shall also mean the vendee, or the assignee of a vendee, of a real estate contract for the sale of a Lot. N "Native Growth Protection Easement" Not Applicable N "Occupant." The term "Occupant" shall mean a lessee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot, or a portion of a Lot, with the permission of the Owner. "Owner" shall mean the Person holding fee simple title of record to any Lot, including purchasers under executory contracts of sale. "Owners" shall mean all of the owners of Lots within Heritage Renton Hill. "Ownership"shall mean the status of being an Owner. "Particularized Assessment" shall mean a charge against a particular Owner and his Lot, directly attributable to, or reimbursable by, said Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration, plus interest and other charges thereon, as provided for in Section 4.5 of this Declaration. "Person" shall mean a natural individual, corporation or any other entity with the legal right to hold title to real property. "Plat" shall mean the recorded plat of Heritage Renton Hill, and any amendments, corrections, or addenda thereto subsequently recorded. 50179\00308\195267.V02 MMC 3 "Property" shall mean all of the real property described in Exhibit A annexed to this Declaration. The term"Property" is synonymous with the term"Heritage Renton Hill". "Record" or"File" shall mean, with respect to any document, the recordation thereof, and with respect to any map, the filing thereof, in the Official Records of the [Division of Records and Elections[ [Auditor's Office] of King [ ] Countyy, State of Washington. � 8 "Residence" shall mean and refer to Improvements constructed or installed on any Lot intended for residential use. "Signs" shall mean any structure, device or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. "Single Family" shall mean and refer to a single housekeeping unit that includes not more than four(4) adults who are legally unrelated. "Street" shall mean any street, drive, way, lane, place or other thoroughfare covering a portion of the Common Area. "Visible from Neighboring Property" shall mean, with respect to any given object on a Lot, that such object is or would be visible to a person six (6) feet tall, standing on any part of any adjacent 'rs Lot or other portions of Heritage Renton Hill at an elevation no greater than the elevation of the base of the object being viewed. Section 1.2. Form of Words. The singular forms of words shall include the plural and the plural cv shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. vw Sectionl.3. Construction. In construing words herein, words shall have their usual and fine herein or in anyother documents recorded with respect to ordinarymeaning, except as specifically defined P the Plat; provided that words which are not defined herein or in such other recorded documents, shall, if v the meaninggiven them (if any) in zoningand buildingregulations, ordinances and cx ambiguous, have 9 9 .C41., regulations of the governmental entity with jurisdiction in the area in which the Property is located. ARTICLE II HERITAGE RENTON HILL HOMEOWNER'S ASSOCIATION Section 2.1. Form of Association. The Association is a nonprofit association. The rights and duties of the members and of the Association shall be governed by the provisions of this Declaration, the Articles, the Bylaws, and such other rules and regulations as may hereafter be adopted by the Board. Section 2.2. Board of Directors. During the Declarant Control Period, the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, appoint a temporary board of not fewer than three(3) persons who need not be Owners to j manage the Association during the Declarant Control Period. The temporary board shall have the full authority to manage the Association pursuant to and in accordance with the Articles and Bylaws; provided that, after appointing a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or elect a new temporary board. Upon termination of the Declarant Control Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over meetings of the Board and meetings of the Association. 50179\00308\195267.V02 MMC 4 Section 2.3 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of Heritage Renton Hill, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial Bylaws and rules and regulations. Section 2.4. Membership. Every Owner shall automatically upon becoming the Owner of a Lot be a Member of the Association, and shall remain a Member thereof until such time as his Ownership ceases for any reason, at which time his Membership in the Association shall automatically cease. Ownership of a Lot shall be the sole qualification for Membership in the Association. All memberships shall be appurtenant to a Lot. Except as may otherwise be provided herein, the rights, duties, privileges and obligations of all Members of the Association shall be as set forth in this Declaration, the Articles of Incorporation and Bylaws of the Association, and the rules and regulations of the Association adopted in accordance with the Bylaws of the Association. Section 2.5. Transfer. The Membership held by any Owner shall not be transferred, pledged or cay c., alienated in any way, except upon the sale or encumbrance of such Owner's Lot and then only to the purchaser or Mortgagee of such interest in such Lot. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association. cr. Section 2.6. Voting Rights. Owners shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the cs+. Owners decide to exercise that vote but, in no event, shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this �.., Declaration, the Articles and the Bylaws of the Association. • c3 • ccv Section 2.7. Meetings of Members. There shall be a meeting of the Members of the Association within sixty (60) days of the expiration of the Declarant Control Period. Declarant shall cause notice of said meeting to be given, but shall not be required to perform any other duty with respect to such meeting. Thereafter there shall be an annual meeting of the members of the Association in accordance with the Bylaws. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect Board members to serve for the terms specified in the Bylaws of the Association. Special meetings of the members of the Association may be called in accordance with the Bylaws of the Association. Section 2.8. Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, documents, papers and other records of the Association shall be available for examination by Owners, Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. Section 2.9. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall prevail. ARTICLE III AUTHORITY OF THE BOARD 50179\00308\195267.V02 MMC 5 Section 3.1 Adoption of Rules and Regulations. The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration to promote the com- fortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and regulations shall be binding upon all Owners, Occupants and all other Persons claiming any interest in the Property or any Lot. Section 3.2 Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for the recovery of damages, injunctive relief, and/or any other remedy available at law or in equity. Section 3.3 Goods and Services. The Board shall acquire and pay for as Common Expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas and Common Area Improvements. The Board may hire such employees as it considers necessary. Section 3.4 Protection of Common Area. The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas and Common Area Improvements, settle claims, or otherwise act in what it considers to be the best interests of the Association. ea Section 3.5 Maintenance of Wetlands and Native Areas. Not Applicable. cry c� ARTICLE IV ASSOCIATION BUDGET,ASSESSMENTS AND LIENS Section 4.1 Owner's Covenants to Pay Assessments. By the acquisition of Ownership of a c"} Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general, special and particularized assessments levied as cv, provided herein. •c" Section 4.2 Association Budget. The Board 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 all sums required by the Association, as estimated by the Board, to meet its annual Common Expenses. The funds required to meet the Association's annual Common Expenses shall be raised from a general assessment against each Owner as provided hereafter. The Board may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 4.3 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget multiplied by such Owner's Common Expense Percentage. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least thirty (30) days in advance of the beginning of such period and shall during that time prepare a roster of the Owners and the general assessment allocated to each which shall be open to inspection by any Owner upon reasonable notice to the Board. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Board, before the expiration 50179\00308\195267.V02 MMC 6 of any assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during the assessment period for which such budget was prepared, the Board shall, if necessary, revise the general assessment levied against the Owners and give notice thereof to each Owner. Section 4.4 Payment of General Assessment. The Board, at its election, may require the Owners to pay the amount assessed on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 4.5 Particularized Assessment. No assessment shall be made at any time which unreasonably discriminates against any particular Owner or group of Owners in favor of other Owners. However, a special assessment("Particularized Assessment") may be made against a particular Owner by a two-thirds majority vote of the Board if, after notice from the Board of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 4.6 Commencement of Assessments. The liability of an Owner for assessments shall commence on the first day of the month following the date upon which any instrument of transfer to �. such Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot or, if earlier, the first day of the calendar month following Owner's occupancy of such Lot). The Declarant, its successors and assigns, shall not be liable for any assessments with respect to any 44, Lot unless such Lot has been improved with a Residence and the Residence is occupied. The due dates of any special assessment or Particularized Assessment payments shall be fixed by the resolution authorizing o such assessment(s). Section 4.7 Certificates of Assessment Payment. Upon request, the Board shall furnish cv written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of cv such certificate. CN' Section 4.8 Special Assessments. In addition to the general assessments authorized by this Article, the Association may, by majority vote of the Members in attendance at a meeting called for that csi purpose, levy a special assessment or assessments at any time, 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 capital improvement located upon or forming a part of the Common Areas or Common Area Improvements, including necessary fixtures and personal property related thereto, or for such other purpose as the Association way consider appropriate; provided, however, that any such special assessment in excess of$1000.00 per Lot must have the prior favorable vote of two-thirds or more of the Members in attendance at a meeting called for that purpose. Section 4.9 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot, recording of a real estate contract therefore, or any other means of acquisition of Ownership of a Lot, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property under the laws of the State of Washington. The liens provided 50179\00308\195267.V02 MMC 7 for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 4.10 Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. !'ll Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 4.11 Subordination of Liens. 4.11.1 Intent of Provisions. The provisions of this Section 4.11 apply for the c benefit of Mortgagees of Lots. Lop 4.11.2 Mortgagee's Nonliability. A Mortgagee shall not, by reason of its c2 security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not cw. requiring the payment of money, and except as hereafter provided. 4.11.3 Mortgagee's Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the Mortgagee may exercise any or all of the rights and cam, privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association •c to the exclusion of the Owner's exercise of such rights and privileges. .cv 4.11.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 4.11.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar an such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the expiration date of any period of redemption. The Board may treat any unpaid assessments against a Lot foreclosed against as a Common Expense of the Association pursuant to Section 4.3. 4.11.6 Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Board shall use reasonable efforts to collect the same from such Owner. 50179\00308\195267.V02 MMC 8 I. 4.11.7 Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any First Mortgage, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a !. security interest, liens shall arise against the Lot for any assessment payments coming due after the date of i. such transfer. Section 4.12 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in I! the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Declaration or of the Articles, Bylaws or rules and regulations of the Association for a period of thirty (30) days, said Owner's voting rights shall without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot. Section 4.13 Reserves for Replacement. As a Common Expense, the Board shall establish and maintain a reserve fund for replacement of the Common Areas, Common Area Improvements, and any improvements thereon. Such fund shall be deposited with a banking institution. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas, Common Area Improvements, and any improvements and community facilities thereon, equipment replacement, and for operating contingencies of a nonrecurring nature. The Board may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be CA separately withdrawn, assigned, or transferred from the Lot to which it appertains. cv, ix) ARTICLE V EASEMENTS AND RIGHTS OF ENTRY c'`a •— Section 5.1. Easements. av 5.1.1 Board's Right to Grant. The Board of Directors of the Association shall have the c� right to grant necessary easements and rights-of-way over the Common Areas to any Person for the reasonably necessary use and enjoyment of a Lot or Heritage Renton Hill by an Owner or Occupant. 5.1.2 Maintenance and Repair. Declarant expressly reserves for the benefit of the Association, the Board of Directors and all agents, officers and employees of the Association nonexclusive easements over the Common Areas and the Lots as necessary to maintain and repair the Common Areas and Common Area Improvements and to perform all other tasks in accordance with the provisions of this Declaration. 5.1.3 No Obstruction of Walkways and Streets. There shall be no obstruction of any streets or walkways located within Heritage Renton Hill which would interfere with the free circulation of foot or automobile traffic, except such obstruction as may be reasonably required in connection with repairs of such streets or walkways. Use of all streets and walkways within Heritage Renton Hill shall be subject to the reasonable rules and regulations adopted by the Association. The Board shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of the streets and walkways and shall have the right of entry for purposes of removing said interference or obstruction. Section 5.2. Rights of Entry. The Board of Directors, the Architectural Control Committee and Declarant shall have a limited right of entry in and upon the exterior of all Improvements located on any Lot f. for the purpose of inspecting the same and taking whatever corrective action may be deemed necessary or proper, consistent with the provisions of this Declaration. However, nothing herein shall be construed to 50179100308\195267.V02 MMC 9 i'. impose any obligation upon the Association, the Board, the Architectural Control Committee or Declarant to maintain or repair any portion of any Lot or any Improvement thereon which is to be maintained or repaired by the Owner. Nothing in this Article shall in any manner limit the right of any Owner to the exclusive occupancy and control over the Improvements located upon his Lot. However, each Owner shall permit access to such Owner's Lot or Improvements thereon by any Person authorized by the Board of Directors, the Committee or Declarant as reasonably necessary, such as in case of any emergency originating on or threatening such Lot or Improvements, whether or not such Owner is present. ARTICLE VI REPAIR AND MAINTENANCE Section 6.1. Repair and Maintenance Duties of the Association. Following initial installation, the Association shall maintain, repair, replace, resurface and make necessary improvements to the Common Areas, or shall contract for such maintenance, repair and improvements, to assure the maintenance of the Common Areas and Common Area Improvements in a good, sanitary and attractive condition. Such maintenance, repairs and improvements shall include, without limitation, maintenance and replacement of streets, shrubs, trees, vegetation, irrigation systems and other landscaping located on the Common Areas repair and payment for all centrally metered utilities, security systems, entrance gates and related mechanisms, other mechanical and electrical equipment in the Common Areas, and repair and maintenance of all walks and other means of ingress and egress within the Common Areas. All such maintenance, repairs and improvements to the Common Areas shall be paid for as Common Expenses. The Association shall pay all real, personal property and leasehold excise taxes and assessments which are separately assessed against the Common Areas. It shall further be the affirmative duty of the Board to `or require strict compliance with all provisions of this Declaration and to cause the Lots to be inspected by the tips .ter Architectural Control Committee for any violations hereof. 0 Section 6.2. Special Powers of Association. Without in any way limiting the generality of the cw foregoing, if the Architectural Control Committee determines that an Improvement, the maintenance of which is the responsibility of an Owner, is in need of repair, restoration or painting, or if the Board of Directors determines that there is a violation of any provision of this Declaration, then the Board shall give written notice to such Owner of such condition or violation. Unless the Architectural Control Committee has approved in writing corrective plans proposed by the Owner to remedy the condition complained of within o_ such period of time as may be determined reasonable by the Board after the Board has given said written notice, and unless such corrective work so approved is completed thereafter within the time allotted by the Committee, the Board shall undertake to remedy such condition or violation, and the cost thereof shall be charged to the Owner and his Lot. Such cost shall be deemed to be a Particularized Assessment of such Owner and his Lot, and subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment and lien procedures provided for in this Declaration. ARTICLE VII COMMON AREAS Section 7.1. Owners' Common Rights. Owners shall have equal rights to use the Common Areas, except as otherwise specifically set forth in this Declaration. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners. Section 7.2. No Obstruction by Owner. The Owners of Lots which are burdened by any Corn- mon Areas shall not in any manner interfere with the Association's maintenance, use and operation of the Common Areas, but such Owners may use the Common Areas within their respective Lots in any lawful manner that does not so interfere. Declarant makes no warranty or representation as to what, if any, uses may be made of any Common Areas. 50179\00308\195267.V02 MMC 10 Section 7.3. Maintenance of Common Areas. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas and Common Area Improvements in accordance with Section 6.1 of this Declaration. Section 7.4. Native Growth Protection Easements. Not Applicable ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee ("Committee") consisting of three (3) members is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until the expiration of the Declarant Control Period. After the expiration of the Declarant Control Period, the Board shall have the power to appoint and remove the members of the Committee. ARTICLE IX CONSTRUCTION OF IMPROVEMENTS Section 9.1. Approval of Plans Required. No Improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot by any Owner until final plans and specifications shall have been submitted to and approved in writing by the Committee. Such final plans and specifications shall be submitted over the authorized signature of the Owner of the Lot or his authorized agent. The plans and specifications shall be in such form and shall contain such information as may be required by the c3 Committee, but shall in any event include the following: cv 9.1.1 A site development plan of the Lot showing the nature, kind, shape, composition and location of all structures with respect to the particular Lot, including, without limitation, the number and _ location of all driveways on the Lot; c., 9.1.2 Grading and storm drainage plan; , a N 9.1.3 A landscaping plan; 9.1.4 A plan for the location of signs and lighting; 9.1.5 Building elevations and plans showing dimensions, materials and external color scheme in such detail as required by the Committee; and 9.1.6 A design review fee in an amount to be determined by the Board of Directors. Section 9.2 Plan Changes and Plans for Changes to Improvements. Material changes in approved plans must be similarly submitted to and approved by the Committee. In addition to the other requirements of Section 9.1 above: 9.2.1 No exterior surface of any improvement on any Lot shall be repainted, texturized or otherwise changed; 9.2.2 No alterations, additions or changes shall be made to any landscaping placed on any Lot; and 50179\00308\195267.V02 MMC 11 9.2.3 No additions or alterations to any paved area on any Lot shall be made, until plans for such painting, alterations, additions or changes, including samples of colors and materials, landscaping plans, or plans and specifications with regard to paving, as the case may be, together with such other information as shall be required by the Committee, have been submitted to the Committee and the Committee has approved in writing such requested change. Section 9.3. Approval Procedures. The Committee shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, the Committee shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: 9.3.1 failure to comply with any of the restrictions set forth in this Declaration; 9.3.2 failure to include information in such plans and specifications as may have been reasonably requested by the Committee; 9.3.3 objection on the grounds of incompatibility of any proposed structure, use or landscaping with existing structures, uses or landscaping upon other Lots, or other property in the vicinity of the subject Lot; 9.3.4 objection to the grading or landscaping plan for any Lot; 9.3.5 objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure; 9.3.6 objection to the number or size of parking spaces, or to the design of the parking area; orb- 9.3.7 any other matter which, in the judgment of the Committee, would render the ca proposed improvements or use inharmonious with the general plan for improvement of Renton Hill or with Improvements located upon other Lots or other property in the vicinity. Section 9.4. Result of Inaction. If the Committee fails either to approve or disapprove plans and cv. specifications submitted to it within thirty (30) days after the same have been submitted, it shall be conclusively presumed that the Committee has approved said plans and specifications; provided, however, that if, within the thirty (30) day period, the Committee gives written notice of the fact that more time is ' 4_ required for the review of such plans and specifications, there shall be no presumption that the same are approved until the expiration of such reasonable period of time as is set forth in the notice. Section 9.5. Approval. The Committee may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Committee of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with the Committee, and a copy of such plans and specifications, bearing such approval, together with any conditions, shall be returned to the applicant submitting the same. Section 9.6. Variances. Either the Board or the Committee may grant to any Lot or Owner thereof such variances from the covenants, conditions, restrictions and provisions set forth herein as it, in its sole discretion, determines is in the best interest of Renton Hill. Any variances granted hereunder shall be effective only if made in accordance with applicable law and in writing. Section 9.7. Proceeding with Work. Upon receipt of approval of the final construction documents from the Committee, the Owner to whom approval is given shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all 50179\00308\195267.V02 MMC 12 . f 0 • approved excavation, construction, refinishing and alterations. In all cases, work shall commence within twelve (12) months from the date of approval, and if work is not so commenced, approval shall be deemed revoked unless the Committee, pursuant to written request made and received prior to the expiration of said twelve (12) month period, extends the period of time within which work must be commenced. Section 9.8. Completion of Work. Any Improvement commenced pursuant hereto shall be completed within six (6) months from the date of commencement of construction, except for so long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship upon the Owner to whom the Committee's approval is given due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of the Owner. The Committee may, upon written request made and received prior to the expiration of the six (6) month period, extend the period of time within which work must be completed. Failure to comply with this Section 9.8 shall constitute a breach of the Declaration and subject the party in breach to the enforcement procedures set forth herein. Section 9.9. Construction Deposit. For purposes of protecting the Common Areas and Common Area Improvements against damage during construction by an Owner, his contractors and agents, the Committee is authorized to require a cash deposit from each Owner to whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes ("Construction Deposit"). The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). In the event an Owner, his contractor, agents or employees causes any damage or destruction to any portion of the Common Areas or Common Area Improvements, the Committee shall notify such Owner and request the replacement or repair of the item or area damaged or destroyed. The Owner shall have a period of 48 hours after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, and to commence such correction. The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Owner agrees to make such changes thereto as are necessary to obtain the Committee's approval. If the Owner fails to correct the damage in the manner or within the time approved by the Committee, the Committee may, at its option, perform such work as is necessary to remedy the situation on behalf and at the expense of the Owner and apply the c*.> Construction Deposit against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Owner shall pay the Association that excess cost within 10 days of demand by the • Committee. Upon completion of construction of the Improvements on the Lot, and following a joint inspection of the Improvements and Lot by the Owner and the Committee to verify that no damage to the Common Areas and/or Common Area Improvements has occurred, the Committee shall make a final determination of compliance and return the remaining balance, if any, of the Construction Deposit to the cv Owner, without interest within 10 days of such final determination. c". Section 9.10. Committee Not Liable. The Committee shall not be liable for any damage, loss or Q prejudice suffered or claimed by any person on account of: •N 9.10.1 The approval or disapproval of any plans, drawings and specifications, whether or not in any way defective; 9.10.2 The construction of any Improvement, or performance of any work, whether or not pursuant to approved plans, drawings and specifications; 9.10.3 The development of any Lot within Heritage Renton Hill; 9.10.4 Injury to any person or property due to construction, the performance of any work, location of any physical object, or resulting from the performance of any work within Heritage Renton Hill; 9.10.5 The failure of the Owner to comply with any applicable ordinances, codes or regulations, including sensitive or critical areas ordinances; and 50179\00308\195267.V02 MMC 13 9.10.6 Omissions to act done in good faith in the interpretation, administration and enforcement of this Declaration. Section 9.11. Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the Committee pursuant to the provisions of this Declaration, such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from the Committee any such Improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Declaration shall be removed or altered so as to conform to this Declaration. Should such removal, or alteration, or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in this Declaration. ARTICLE X BUILDING MATERIALS; REQUIRED CONSTRUCTION; LANDSCAPING; OTHER REQUIREMENTS Section 10.1. Building Materials. Each Residence constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Aluminum or "T-111" siding and aluminum window frames are not permitted. Roofing material, types and colors of C7) exterior paint and stain must be submitted to the Committee for approval. c.� ` l Section 10.2. Minimum Floor Area. The floor area of the main house structure, exclusive of open porches and garages, shall be not less than 1800 square feet. Section 10.3. [Not Used]. Section 10.4. Roof Drains. Roof drains for Residences installed on Lots 1 through 50 must provide for discharge directly to the storm drainage system. , Section 10.5. Foundation Drains. Footing drains for structures installed on Lots 1 through 50 cv must provide for discharge directly to the storm drainage system Section 10.6. [Not Used]. Section 10.7. Landscaping. Yards, excluding Native Growth Protection Easement areas, shall be fully landscaped within twelve (12) months after the date construction of the Residence commences unless extended by the Committee. No trees outside the building footprint shall be cut without the approval of the Committee. No fence shall be erected which shall be over six(6) feet in height. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. Section 10.8. Garages and Parking. Each Residence shall include a garage sufficient to hold at least two (2)automobiles. Section 10.9. Driveways. All driveways and parking areas shall be paved with a masonry type material, such as concrete or brick, unless otherwise approved by the Committee. No asphalt or gravel driveways or parking areas shall be permitted without approval of the Committee. Section 10.10. [Not Used]. 50179\00308\195267.V02 MMC 14 Section 10.11. Contractor. No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Architectural Control Committee. ARTICLE XI REGULATION OF OPERATIONS AND USES Section 11.1. Residential Use. The Lots are intended for and restricted to use as Single Family Residences only, on an ownership, rental or lease basis, and for social, recreational, or other reasonable activities normally incident to such use; provided, however, Declarant may use Lots and Improvements eas thereon owned by Declarant as sales offices and models. co `x) Section 11.2. No Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the community; and provided further that no signs or advertising devices of any character shall be permitted. N Section 11.3. Garbage. No garbage, refuse, or rubbish shall be deposited or left in Heritage Renton Hill, unless placed in a suitable covered container. Trash and garbage containers shall not be Npermitted to be Visible from Neighboring Property, except on days of trash collections. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or scrap of any kind shall be permitted. Section 11.4. Nuisances. No noxious or offensive activity shall be conducted in any portion of Heritage Renton Hill, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Heritage Renton Hill which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Heritage Renton Hill community. The Board shall determine whether any given use of a Residence unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and Residences, or of the Common Areas, and c- such determination shall be final and conclusive. Section 11.5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept; • provided, however, that dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of o annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a N nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be • registered, licensed, and inoculated from time to time as required by law. Section 11.6. Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted if Visible from a Neighboring Property, except this shall not exclude temporary (less than 24 hours) parking of vehicles on the driveway areas adjacent to garages on the Lots. Upon 48 hours' notice to the Owner of an improperly parked or stored vehicle, boat, or other equipment, the Board has authority to have removed at the Owner's expense any such items Visible from a Neighboring Property parked on any Lot or within any Common Area for more than 24 hours. Section 11.7. Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. 50179\00308\195267.V02 MMC 15 al Section 11.8. Antennae; Aerials. No external short-wave or citizens' band antennas, freestanding antenna towers, or satellite reception dishes of any kind exceeding eighteen (18) inches in diameter shall be permitted in Heritage Renton Hill. All television, FM radio antennas and satellite reception dishes having a diameter of eighteen (18) inches or less("Permitted Dishes") must be physically attached to a structure and must comply with applicable governmental standards and guidelines and any Association rules and regulations. The Association shall have the authority to review, approve, modify or deny an Owner's request for an antenna or Permitted Dish installation. Section 11.9. Mineral Exploration. No portion of Heritage Renton Hill shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth, or any earth substances or other minerals of any kind; provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of Improvements within a Lot. Section 11.10. Signs. Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant, or agents or contractors of Declarant, or the Lir) Association, no signs or advertising devices of any character shall be posted or displayed in Heritage o Renton Hill. 4,•4 Section 11.11. Temporary Structures. No Improvement of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be installed, placed or used on any Lot, either temporarily or e permanently. Section 11.12. No Obstruction of Easements. No structure, planting, or other material shall be ,� placed or permitted to remain in or upon Heritage Renton Hill which may damage or interfere with any • crs easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or ry retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area unless specifically approved by the Committee. Section 11.13. Leasing. No Lot may be leased or rented by any Person for a period of fewer than thirty (30) days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Declaration, Articles, Bylaws and rules and regulations as may be adopted pursuant thereto. Any failure by a lessee to comply with the terms of such documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 11.14. Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Heritage Renton Hill except by authorized governmental officials. ARTICLE XII !' OWNERS' MAINTENANCE RESPONSIBILITIES Section 12.1. General. The Owner or Occupant of any Lot shall at all times keep it and the I Improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with applicable governmental, health, fire and safety ordinances, regulations, requirements and directives, and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. Section 12.2. Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his Lot. Such maintenance and repair shall include,without limitation: 50179\00308\195267.V02 MMC 16 12.2.1 Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefore as shall, in all respects, be equal in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; 12.2.2 Cleaning, maintaining and relamping of any external lighting fixtures except such fixture as may be the property of any public utility or government body; and 12.2.3 Excluding Common Areas to be maintained by the Association, performance of all necessary maintenance of all landscaping within the Owner's or Occupant's Lot, including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees. Nothing contained herein shall preclude an Owner from recovering from any person liable therefore damages to which such Owner might be entitled for any act or omission to act requiring an expenditure by as the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his `"` Lot. wcr Section 12.3. Remedies for Failure to Maintain and Repair. c, c�vr 12.3.1 Remedies. If any Owner shall fail to perform the maintenance and repair required by Section 12.2, then the Board, after fifteen (15) days prior written notice to such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge as a Particularized Assessment the delinquent Owner and his Lot with the cost of such work, together with c'' interest thereon at a rate to be set by the Board from the date of the Association's advancement of funds for such work to the date of reimbursement of the Association by such Owner. If the delinquent Owner shall fail to reimburse the Association for such cost within ten (10) days after demand therefore, the Association may, at any time within two (2) years after such advance, enforce the lien in accordance with the provisions of this Declaration. 12.3.2 Nonexclusive Remedy. The foregoing lien and the rights to foreclose there under shall be in addition to, and not in substitution for, all other rights and remedies which the Board may have hereunder and by law, including any suit for specific performance or to recover a money judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, the Board should fail to exercise its rights and remedies hereunder, then any other Owner, after fifteen (15) days' prior written notice to the Board and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Board. it 50179\00308\195267.V02 MMC 17 II ARTICLE XIII DAMAGE OR LOSS TO IMPROVEMENTS Section 13.1. Restoration of Common Areas. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Common Areas, Common Area Improvements, or any other Improvements insured by the Association, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance shall be used for such purpose. The Board of Directors shall be authorized to have prepared the necessary documents to effect such reconstruction as promptly as practical. The Common Areas, Common Area Improvements, and all other Improvements shall be reconstructed or rebuilt substantially in accordance with the original construction plans if they are available, with such changes as are recommended by the Architectural Control Committee. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than the estimated cost of restoration and repair, a special assessment shall be levied by the Board of Directors upon the Owners and their Lots in order to provide the necessary funds for such reconstruction over and above the amount of any insurance proceeds available for such purpose. a: Section 13.2. Restoration Obligations of Owners. In the event of the damage or destruction of "r any portion of a Lot or the Improvements thereon, then it shall be the duty of the Owner of such Lot, as soon 4 as may be practical, to repair and replace the damage or destruction, or such portion thereof as will render c7D such damage or destruction indiscernible from the exterior boundaries of the Lot. Any reconstruction, replacement or repair required by this section shall be in accordance with the original plans and cm, specifications of the Lot or plans and specifications approved by both the Architectural Control Committee. Section 13.3. Condemnation. In the event the whole, or any part, of the Common Areas shall be taken or condemned by any authority exercising the power of eminent domain, the Board shall have the t`' exclusive rights to prosecute the proceedings; provided, however, that nothing contained herein to the •N contrary shall prevent an Owner from joining in the proceeding for purposes of claiming that the condemnation action has materially affected said Owner's Lot and any Improvements thereon. The entire award relating to the taking of any part of the Common Area shall be paid to the Board in trust for the benefit of the Owners. The Board shall distribute the award to the Owners in proportion to their Common Expense Percentages; provided, that if a Lot is encumbered by a Mortgage or Mortgages which has or have a provision relating to condemnation, then in lieu of distributing the award to the Owner of said Lot, the Board shall distribute the award directly to the Mortgagee of the Mortgage with the highest priority and seniority for distribution or payment in accordance with the terms and conditions of said Mortgagee's Mortgage. ARTICLE XIV DURATION AND AMENDMENT Section 14.1. Duration. This Declaration shall continue in full force until December 31, 2045, unless a Declaration of Termination or Declaration of Renewal is recorded meeting the requirements of an amendment to this Declaration as set forth in Section 14.2. There shall be no severance by sale, conveyance, encumbrance or hypothecation of an interest in any Lot from the appurtenant Membership in the Association, as long as this Declaration shall continue in full force and effect. Section 14.2. Amendment. Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. The amendment shall be adopted by the vote, in person or by proxy, or written consent of seventy-five percent (75%) of the voting power of the Membership of the Association; provided, however, that so long as Declarant owns a minimum of two (2) Lots in Heritage Renton Hill, or for a period of ten (10) years from the recording of this Declaration, whichever is earlier, no termination or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. A copy of each amendment which has been properly adopted shall be 50179\00308\195267.V02 MMC 18 certified by at least two (2) officers of the Association and the amendment shall be effective when the Certificate of Amendment is recorded. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved in writing by all of the record holders of First Mortgages encumbering Lots in Heritage Renton Hill at the time of such amendment: 14.2.1 Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Mortgagees as provided in Section 4.11 or which seeks to modify Section 14.2 hereof; 14.2.2 Any amendment which would necessitate a Mortgagee after it has acquired a Lot through foreclosure, to pay more than its proportionate share of any unpaid assessment or assessments; or 14.2.3 Any amendment which would or could result in a Mortgage being canceled by forfeiture. Section 14.3. Modification by Declarant. For so long as Declarant is the Owner of at least two (2) of the Lots, Declarant, acting alone, may modify or amend this Declaration; provided, however, that (i)any such modification or amendment must be within the spirit and overall intention of the development as , I set forth herein; (ii) prior to any such modification or amendment, Declarant shall obtain the approval of any `s' governmental agency to such modification or amendment where such approval is necessary; and (iii)any e•a L modification or amendment shall not provide for any type of Improvements or uses not presently permitted c by this Declaration nor declare any then permitted use to not be permitted. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the cra proposed change, and a proper instrument in writing has been executed, acknowledged and recorded by i. Declarant. Section 14.4. Governmental Regulation. All valid governmental enactments, ordinances and regulations are deemed to be part of this Declaration and to the extent that they conflict with any provision, cv czt covenant, condition or restriction hereof, said conflicting governmental enactment, ordinance and regulation c�v shall control and the provision, covenant, condition or restriction hereof in conflict therewith shall be deemed (i)amended to the extent necessary to bring it into conformity with said enactment, ordinance and regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction or (ii) stricken here from should no amendment conforming to the governmental enactment, ordinance or restriction be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. ARTICLE XV WAIVER Neither Declarant, the Association, the Board, the Committee, nor their successors or assigns, shall be liable to any Owner or Occupant of Heritage Renton Hill by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any of the Lots by acquiring its interest therein agrees that it will not bring any action or suit against Declarant, the Association, the Board or the Committee, or their successors or assigns, to recover any such damages or to seek equitable relief because of same. it 50179\00308\195267.V02 MMC 19 ARTICLE XVI GENERAL PROVISIONS Section 16.1. Legal Proceedings. Failure to comply with any of the terms of this Declaration, the Articles and Bylaws of the Association or regulations adopted pursuant thereto, by an Owner or Occupant, his guests, employees, invitees or tenants, shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof, which relief may be sought by Declarant, the Association, the Board of Directors or, if appropriate, by an aggrieved Owner. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. In addition to any other available remedy, the Association, the Board, any Owner (not at the time in default hereunder) or Declarant shall be entitled to bring an action for damages against any defaulting Owner and, in addition, may enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys' fees, including appeals, in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, together with interest, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. Section 16.2. Severability. The provisions hereof shall be deemed independent and severable, and a determination of invalidity or partial invalidity or enforceability of any one provision or portion hereof by +w a court of competent jurisdiction shall not affect the validity or enforceability of any other provisions hereof. v Section 16.3. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of the development and for the maintenance of the Common Areas, and any violation of this Declaration shall be deemed to be a nuisance. ;T' Section 16.4. Headings; Gender; Etc. The article and section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of "' interpretation or construction. Unless the context otherwise requires, as used herein the singular and the Nplural shall each include the other and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. Section 16.5. Construction and Sales by Declarant. Nothing in this Declaration shall limit, and no Owner shall do anything which shall interfere with, the right of Declarant to complete any construction of Improvements on the Lots owned by Declarant and the Common Areas, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements on such Lots and Common Areas as Declarant deems advisable prior to the expiration of the Declarant Control Period. Each Owner, by accepting a deed of a Lot from Declarant, hereby acknowledges that the activities of Declarant may constitute a temporary inconvenience or nuisance to the Owners. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on Heritage Renton Hill such structures and displays as may be reasonably necessary for the conduct of its business or completing the work and disposing of the Lots by sale, lease or otherwise. Declarant may use any Lots owned by Declarant as models or real estate sales or leasing offices. This Declaration shall not limit the right of Declarant at any time prior to conveyance of title by deed to the last Lot to establish on the Lots owned by Declarant and the Common Areas additional easements, reservations and rights-of-way to itself, to utility companies, or to other Persons as may from time to time be reasonably necessary for the proper development and disposal of the Lots. Such easements may be created for the construction, installation, maintenance, removal, replacement, operation and use of utilities, including, without limitation, sewers, water and gas pipes and systems, drainage lines and systems, electric power and conduit lines and wiring, telephone conduits, lines and wires, and other utilities, public or private, beneath the ground surface, except vaults, vents, access structures and other facilities required to be above ground surface by good engineering practice, including the right to dedicate, grant or otherwise convey easements for rights-of-way to any public utility or governmental entity for such purposes. In the performance of any work in connection with such utilities, Declarant shall not unreasonably interfere with or disrupt the use of the Common Areas or the facilities located thereon and 50179\00308\195267.V02 MMC 20 shall replace and restore the areas and facilities as nearly as possible to the condition in which they were prior to the performance of such work. All or any portion of the rights of Declarant hereunder may be assigned to any successor or successors to all or part of Declarant's respective interest in Heritage Renton Hill, by an express written and recorded assignment. Section 16.6. Hold Harmless and Indemnification. Each Owner shall be liable to the Association for any injury to any person or damage to the Common Areas, Common Area Improvements, or any equipment thereon which may be sustained by reason of the negligence of said Owner or of his guests, employees, invitees or tenants, to the extent that any such damage shall not be covered by insurance. The costs incurred by the Association as a result of such damage shall be deemed a Particularized Assessment of such Owner and his Lot, and shall be subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment and lien procedures provided in this Declaration. The Association further reserves the right to charge a Special Assessment equal to the increase, if any, in the insurance premium directly attributable to the damage or injury caused by such Owner or by the use of the Lot of such Owner. The Association shall hold each Owner safe and harmless from liability for loss or injuries occurring on the Common Areas to the extent that such loss or injuries are covered by insurance then maintained by the Association. Section 16.7. No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of Heritage Renton Hill to the public, or for any public use. `A' Section 16.8. Nonliability and Indemnification. Except as provided herein, no right, power or cn an responsibility conferred on the Board or the Architectural Control Committee by this Declaration or by the Articles or the Bylaws shall be construed as a duty, obligation or disability charged upon the Board, the o Committee, any member of the Board or of the Committee, or any other officer, employee or agent of the cv Declarant or the Association. No such Person shall be liable to any party other than the Association or a party claiming in the name of the Association for injuries or damage resulting from such Person's acts or c•s omissions within what such Person reasonably believed to be the scope of his Association duties ("Official Acts"), except to the extent that such injuries or damages result from such Person's willful or malicious ,N, misconduct. No such Person shall be liable to the Association or to any party claiming in the name of the •o Association for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Persons willful or malicious misconduct. The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against, any Person as a result of any action or threatened action against such Person to impose liability on such Person for his Official Acts, provided that: 16.8.1 The Board determines that such Person acted in good faith and in a manner such Person reasonably believed to be in the best interests of the Association; 16.8.2 In the case of a criminal proceeding, the Board determines that such Person had no reasonable cause to believe his conduct was unlawful; and 16.8.3 In the case of an action or threatened action by or in the name of the Association, the Board determines that such Person acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 16.8.4 Any determination of the Board required under this Section 16.8 must be approved by a majority vote of a quorum consisting of Directors who are not parties to the action or threatened action giving rise to the indemnification. If the Board fails or refuses to make any such determination, such determination may be made by the vote of a majority of a quorum of the Members of the Association voting at a meeting of the Association called for such purpose, provided that the Person to be indemnified shall not be entitled to vote. 50179\00308\195267.V02 MMC 21 16.8.5 Payments made hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This Section 16.8 shall be construed to authorize payments and indemnification to the fullest extent now or hereafter permitted by applicable law. 16.8.6 The entitlement to indemnification hereunder shall inure to the benefit of the estate, executor, administrator, heirs, legatees or devisees of any Person entitled to such indemnification. Section 16.9. Notices. Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more co-owners of a Lot or to any general partner of a partnership owning a Lot shall be deemed delivery to all co-owners or to the partnership, as the case may be. Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Association or, if no such address shall have been furnished, to the street address of such Lot. Such notice shall be deemed delivered forty-eight (48) hours after the time of such mailing, except for notice of a meeting of Members or of the Board of Directors, in which case the notice provisions of the Bylaws of the Association shall control. Any notice to be given to the Association may be delivered personally to any Member of the Board of Directors, or sent by United States mail, postage prepaid, addressed to the Association at such address as shall be fixed from time to time and circulated to all Owners. exr a„ THIS DECLARATION has been executed on the date first written above. LIM CZ) Heritage Arnold Associates LLC., a Washington Cor tion By: tiv Its: yp .N 50179\00308\195267.V02 MMC 22 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this '22_day of / Vd ti..,s,z.k , 2002, before me personally appeared )Z2/)/) A . ,17- , to me known to be the i'v.1-ti.4--c,c ti of Heritage Arnold Associates LLC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. / 4 - i Not' ublic in and for the State „o11U.. Of Washington, residing at /Au-YO-t-w ' •` �QV A.****H**° '4y My comrebtmission expires:ram, �Z, ��)' �o�OTARy4'; '= [Type or Print Notary Name] ca = : • err i PUBLIC :2 4 't WAS' N c (Use This Space for Notarial Seal Stamp) N. ,O , fit. ny, 50179\00308\195267.V02 MMC 23 EXHIBIT A Description of Property Comprising Heritage Renton Hill THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING cst COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: tact cs COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE o TRUE POINT OF BEGINNING; c., THENCE SOUTH 89°56'36" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.64 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°43'45" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.51 FEET; THENCE SOUTH 71°06'04" WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE c:=t NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; tcv THENCE NORTH 44°19'40" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1,148.18 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH 01°45'37" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.20 FEET TO THE TRUE POINT OF BEGINNING, IN KING COUNTY, WASHINGTON. I' qi NI 50179\00308\195267.V02 MMC ;y CITI JF RENTON ..u. Board of Public Works Jesse Tanner,Mayor December 17, 2002 David Howard Banner Bank 18911 Northcreek Park Way#101 Bothell, WA 98011 SUBJECT: RELEASE OF HERITAGE HILL PLAT,LUA 02-085 ASSIGNMENT OF FUNDS INTERSECTION OF S.E.7TH CT.AND BEACON WAY RENTON,WA Dear Mr. Howard: This letter will serve as your authority to release the subject$131,729.76 Assignment of Funds in Account Number 4640053012, posted with the City of Renton on behalf of Fred Herber, Heritage Arnold L.L.C. The original security device is enclosed for your files. If you have any questions,please do not hesitate to contact Juliana Sitthidet,Board Coordinator at (425)430-7278. Sincerely, Neil Watts,Chairman Board of Public Works Enclosure cc: Fred Herber,Heritage Arnold L.L.C. Juliana Sitthidet,Board Coordinator Norma Kuhn,Accounting Assistant LUA 02-085 H:\File Sys\BPW-Board of Public Works\BPW-01-Board of Public Works\BPW-01-0004 Correspondence\200 itas_renton hill seturityr .doc\jw Ent V T O N 1055 South Grady Way-Renton,Washington 98055 �� AHEAD OF THE CURVE ; This paper contains 50%recycled material,30%post consumer /Vfozo6"s •�• CIT Y OF RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator December 20, 2002 Mr. Ryan A. Fike DEVELOPMENT SERVICES Bennett Development CITY OF RENTON 9 Lake Bellevue Drive, Suite 100-A DEC 2 0 2002 Bellevue, WA 98005 RECEIVED Re: Heritage Renton Hill Dear Mr. Fike: This letter is being provided to Bennett Development to clarify an issue related to the Heritage Renton Hill plat, located on.Renton Hill in the City of Renton. It is our understanding that a fifteen foot(15') vegetated buffer is to be provided between the Heritage Renton Hill plat and the River Ridge development along their mutual boundary. The correspondence and plan included herewith refer to this buffer, in particular the April 3, 2000, letter Mr. Austin of Bennett Development sent to Mr. Bergquist of the River Ridge Homeowners' Association, stating that the buffer would be provided. • Because this was an agreement between Bennett Development and the River Ridge Homeowners' Association,it was not made a condition of the plat. It is, however, recorded against the plat and, therefore, must be provided. As a clarification, the landscaping of this buffer area may be installed at the same time as the landscaping of the "park" areas and the stormwater pond area. That is, the landscaping may follow home construction, but must be installed prior to occupancy of houses in the plat. Again, landscaping will not be required prior to obtaining individual building permits. If you have any questions you may contact me at(425)430-7218. Sincerely, &edi Neil Watts,Director Development Services Division cc: Elizabeth Higgins Ameta Henninger Larry Meckling Kristin Catlin enclosures 1055 South Grady Way-Renton,Washington 98055 RENTON ®This paper contains 50%rwrmrharl ___.____. , t It' -, . i,. :-‘,.-• -- a a. ,� I I April 3,2000 it Douglas Bergquist River Ridge Homeowners Association 1801 SE Seventh Renton,WA 98055-3954 Re: Development of Renton School District Property Dear Mr.Bergquist: • On behalf of Bennett Development and the Renton School District,we wish to take this opportunity to bring you up to speed with our development plans for the school property across 11 from Phillip Arnold Park.We would welcome the opportunity to meet you and a small group of I, citizens to discuss the design aspects of the proposed development. 1 I We have enclosed two black line drawings and a colored rendering,which represent our proposed plan for the development.This plan is based on the following goals created based on Citizen and City Staff input. Goals L, 1,1 ♦ Support the Neighborhood goal of keeping Beacon Way South closed to through traffic. 'I • Support the City's goal of precluding access to the new development off of Beacon Way "I' South • Support the City's requirement for a fire truck access off of Beacon Way South to the south 11 of the gate. ♦ Address neighborhood concerns about the 5-way road intersection on SE 7th and Beacon Way SE. ♦ Provide a transition between the park and the new development • Provide a transition between the homes in River Ridge with the new development. I,, We believe that the proposed plan achieves these goals and that the Plan is sensitive to the surrounding homes and park. As you review the plan you should be able to see how it I accomplishes the following results: 1. The 5-way intersection is reduced to a 4-way intersection 1 2. A portion of Beacon Way South is closed to traffic and creates additional public open space 11 3. Access to the new development is at a point most distant from the River Ridge development, II allowing the maximum buffer. 1 4. Access is maintained to the Phillip Arnold Park parking access I 5. A significant setback from the Homes in the new development to the existing homes on rI Renton Hill and the Intersection on SE 7th is created. II I . • 1 B ennett Development I II 9 Lake Bellevue Dr Suite 100-A Bellevue WA 98005 • Tel: 426-709-6569 • Fax: 426-709-6563 II II I I) RIVER RIDGE ESTATES HOME OWNERS ASSOCIATION March 22nd, 2002 City of Renton 1055 South Grady Way Renton, WA 98055 Planning Department Attn: Arnita Henniger Re: Heritage Renton Hill • Dear Ms. Higgins, We have reviewed the first submittal of the construction plans for the Heritage Renton Hill and have the following comments. 1. Their is a landscape easement shown abutting River Ridge Estates however there is no landscaping shown or proposed and it is over lapped with a 10 drainage easement. The sole purpose of the easement will be to provide screening between the existing homes and the new homes. Without landscaping the easement is worthless. We request that the easement be planted with fast growing evergreens of at least 6 to 8 foot at planting. (we have used Leyland Cyprus within our plat as screening between homes and they work well as they are fast growing, not very bushy and tolerate pruning). We are also concerned that the screening be maintained and that after the developer is gone the new home owners do not remove it. It should be spelled out in the plat notes that the landscaping must be maintained by the new Home Owners Association and that if it is not then the abutting homes in River Ridge have the right to maintain or replace the landscaping and bill the H.O.A. for the cost. Also is their enough room between the proposed storm drainage pond and the property line to install landscaping. 2. We do not recall storm drainage infiltration ever being mentioned on preliminary plat or S.E.P.A. documents. Lots 7 - 11 of River Ridge are on the bluff above the ii 4'0 '°` ` CITY OF RENTON ..0 ;Y"' Economic Development,Neighborhoods and Planning Jesse Tanner,Mayor Susan Carlson,Administrator ; March 26,2002 Mr.Louis Malesis,Vice President River Ridge Estates HOA 1718SE7tCourt - Renton,WA 98055 • Re: Heritage Renton Hill,LUA00-055 Dear Mr.Malesis Thank you for your letter of March 2211d. This response addresses your first concern,that of the landscape • easement along the north boundary of the Heritage Renton Hill property. Your second question,regarding • stormwater drainage,will be answered by Ms.Henniger(who is out of the office this week)or another representative of the Engineering Plan Review Division. We have discussed the issue of removal of vegetation from the Native Growth Protection Area(NGPA) easement with the project engineers. This area will be replanted with native trees and other native plants. Condition#5 of the Hearing Examiner's recommendation requires that a landscape plan be submitted to the Department of Development Services. At that time,we will review the plan for appropriateness of plant materials. The NGPA easement will be recorded with the recording of the Final Plat. In addition,another condition states,"The applicant shall draft and record a maintenance agreement or establish a Homeowners'Association...a draft of the document shall be submitted to the City of Renton for review and approval by the City Attorney prior to the recording of the preliminary plat." Upon review of this document,conditions that apply to the NGPA easement will be reviewed. These conditions will include prohibition against placing children's play toys or other structures in the NGPA easement area. Violations of the conditions should be reported to the City of Renton Code Enforcement Division. Thank you for your comments. If you have questions regarding this response,or other questions throughout the course of construction of this project,do not hesitate to contact me at 425-430-6576. Sincerely 41e— --0‘ Elizabeth Higgins,AICP Senior Planner Cc: Arneta Henninger Neil Watts Ben Eldridge 1055 South Grady Way-Renton,Washington 98055 RENTON t Thisnat.,mntainc5nr/rorvrialmato.;ai -Armnnct o. AHEAD OF THE CURVE May-09-02 02 : 54P Lakc --idge Development 42 ?28 7232 P . 01 RIVER RIDGE ESTATES HOME OWNERS ASSOCIATION April 22th , 2002 City of Kenton 1055 South Grady Way Renton, WA 98055 Planning Department Attn: Elizabeth Higgins Re: Heritage Renton Hill Dear Ms. Higgins, Thank you for your reply to our previous letter on our concerns about the Heritage Renton-Hill project. The 15',casement abutting the River Ridge plat was never meant to be a Native Growth Protection Area, but rather a landscaped buffer between the two subdivisions, as was spelled out on page 6 of 12 of the Preliminary Report to the Hearing Examiner; Policy LU-40 "The applicant has expressed the intention of creating a 15' widc lineal landscaped area along the north property boundary, creating a buffer between the new development and the existing houses". Native deciduous trees will not be acceptable to us as screening. Native evergreens of sufficient size and spacing will he acceptable but we feel that some ol'thc non native faster growing evergreens would require less maintenance and probably be less expensive. Sincerely; Louis Malesis Vice President River Ridge Estates H.U.A. 1718 SE 7th Court Renton, WA 98055 cc Neil Watts Ameta Henninger t; CITY OF RENTON ..IL e Economic Development,Neighborhoods and Planning Jesse Tanner,Mayor Susan Carlson,Administrator May 17,2002 Mr.Louis Malesis,Vice President River Ridge Estates H.O.A. 1718 SE 7th Court Renton,WA 98055 Re: Fifteen foot easement at north boundary of Heritage Renton Hill Plat Dear Mr.Malesis The developer of the above referenced project has submitted a landscape plan in accordance with a condition of the Hearing Examiner's recommendation to the City Council. The statement made in my letter to you dated March 26,2002,was incorrect in its assumption that the area would be planted with native trees and other native plants. The plan indicates that various plantings will be installed in a 15 foot easement created north of the required 20 setback(Residential 8 Zone Development Standard). These 35 feet,in addition to the 25 foot rear setback required for.the.River Ridge plat(Residential 5 Development Standard) should result in a total area of 60 feet between River Ridge houses and Heritage Renton Hill houses. Native plants existing in that area will not remain due to the necessity of installing a stormwater drainline in the easement area along the north property line. The 15 foot buffer is not a requirement,'but rather an element of the plat as proposed by the . developer and subsequently approved. As such,the type of landscaping installed is at the discretion of the developer. The term"Native Growth Protection Area,"is a misnomer in this case,to prevent the 15' easement from being developed with garden sheds,play equipment,lawn area,or other types of residential structures or landscaping. It is intended to be a planted buffer. You may wish to contact the developer and work with him cooperatively to develop the buffer area to your standards and satisfaction. Please do not hesitate to contact me if you have further questions. Sincerely Elizabeth Higgins,AICP Senior Planner cc: Neil Watts Ameta Henninger 1055 South Grady Way-Renton,Washington 98055 RENTON al) � ta ��recycled m-,e,;_l MSC, , �l�� AHEAD OF THE CURVE City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HERITAGE RENTON HILL PRELIMINARY PLAT LUA-00-053, ECF, PP PUBLIC HEARING DATE: November 14,2000 Page 6 of 12 Policy LU-35: A minimum lot size of 4,500 square feet should be allowed in single family residential neighborhoods except when flexible development standards are used for project review. Lots are proposed at 4,504 sf to 8,318 sf. The average lot size would be approximately 5,350 sf. Policy LU-37: Maximum height of structures should generally not exceed 2 stories in single family residential neighborhoods. Development standards require that the maximum building height in the R-8 Zone be two stories or 30 feet. The developer has indicated that he intends to build houses on the platted lots that comply with this standard. Policy LU-38: Development standards for single family neighborhoods (e.g. lot size, width, building height, setbacks, lot coverage)should encourage quality development in neighborhoods. The project, as proposed,would meet current development standards that are designed to encourage quality development. Policy LU-39: Development standards for single family neighborhoods should address transportation and pedestrian connections between neighborhoods and compatible boundaries between neighborhoods. The proposed project would be a part of the Renton Hill neighborhood. Renton Hill is somewhat "disconnected"from adjacent neighborhoods. It is isolated from the downtown because of the proximity of Interstate 405 and from residential areas to the south and east due to topographic change and the fact that the Seattle Public Utility Cedar River Pipeline Easement is closed to through traffic. These situations would not be altered by development of the proposed project. The proposed project would have pedestrian connections to the Seattle Public Utility Cedar River Pipeline Easement. Although the Easement is on Seattle Public Utility property, it is used by the public to access Philip Arnold Park, a developed City of Renton park. Policy LU-40: New plats developed at higher densities within existing neighborhoods should be designed to incorporate street locations, lot configurations, and building envelopes which address privacy and quality of life for existing residents. Design features would be incorporated into the site plan that take into consideration existing neighboring homes that were developed at lower overall densities. The entry area would be landscaped and have open space areas to buffer the proposed development from the existing River Ridge development. The applicant has expressed the intention of creating a fifteen foot (15') wide lineal landscaped area along the north property boundary,creating a buffer between the new development and existing houses. Policy LU-40.1: New plats proposed at higher densities than adjacent neighborhood developments may be modified within the allowed densityrange to reduce conflicts between old and new development patterns. However, strict adherence to older standards is not required. Increased traffic volumes could cause conflicts between existing and new residents. A stop sign at the new entrance road to the proposed project would provide traffic control however. Existing residents in the River Ridge subdivision, located on a dead end cul-de-sac, would be inconvenienced to a greater extent than they are now, but traffic volumes are expected to be typical for an urban street. Policy LU-40.2: Site features such as distinctive stands of trees and natural slopes should be retained to enhance neighborhood character and preserve property values where possible. Retention of unique site features should be balanced with the objective of investing in neighborhoods within the overall context of the Vision Statement of[the]Comprehensive Plan. hexrpt.doc HE ITAGE RENTOI . HILL 5HE�2�4 BEING A PORTION OF THE NW1/4 OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION CRY OF RENTON APPROVALS RUT PORTION OF ME NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF TIE NORTHEAST WARIER OF SECTION 20, CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TOWNSIIE 23 NORTH,RANGE 5 EAST.W.Y.W KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS. EXAAINED AND APPROVED THIS DAY OF ,2002. COINIENCINO AT THE NORTHWEST CORNER OF SAID SUBDM90N,SAD PINT BONG THE TRUE PONT OF BEGINNING; THENCE SOUTH 89'56'36'EAST ALONG THE NORTHERLY LMTIS OF SAID SUBOMSION A DISTANCE OF 929.64 FEET TO ADMINISTRATOR THE NORTHEAST CORNER OF SAID SUBDM510N; CITY OF RENTONTHENCE SOUTH 01'43'45'WEST ALONG THE EASTERLY UNITS OF SAID SUBDIVISION A DISTANCE OF 818.51 FEET; THENCE SOUTH 71'06'04'WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE EXAMINED AND APPROVED THIS DAY OF ,2002. CRY OF SEATT.E'S CEDAR RNER PIPELINE RIGOR OF WAY; THENCE NORTH 4419'40'WEST ALONG SAD NORTHEASTERLY MARGIN A DISTANCE OF 1,148.18 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUMMON MAYOR CITY OF RENTON CRY CLERK THENCE NORTH 01'45'37'EAST ALONG SAD WESTERLY LIMITS A DISTANCE OF 33.20 FEET TO THE TRUE POINT OF BEGINNING,N KING COUNTY,WASHINGTON. CITY OF RENTON FINANCE DIRECTOR I HEREBY CERTIFY THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON MY PROPERTY HERON CONTAINED DEDICATED FOR STREETS,ALLEYS OR OTHER PUBLIC USE ARE PAD N RILL. DEDICATION EXAMINED AND APPROVED THIS MY OF . 2002. KNOW AU.PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDMDED,HEREBY DECLARE THIS PUT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDMSION MADE HERE- BY.AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL 511E115 AND AVENUES NOT SHOWN AS FINANCE DIRECTOR PRORATE HEREON AND TWTWCATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT*CONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND TONG COUNTY APPROVALS FILLS UPON THE LOTS AND TRACTS SHOWN HEREON N THE ORIGIN,/REASONABLE GRADING OF SAID STREETS AND KING COUNTY DEPARTMENT OF ASSESSMENTS AVENUES,AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PUT FOR ALL PLAUC PURPOSES AS INDICATED THEREON,INCLUDING BUT NOT UNITED TO PANS,OPEN SPACE, EI.UINED AND APPROVED THIS DAY OF .2002. UTILITIES APO DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY DITTOED ON MS PUT AS FONG DEDI- CATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE RACK,N WHCM CASE WE DO HEREBY DEDICATE NO . CONVEY SUCH SI1RLI8,EASEMENTS,OR TRACTS TO THE PERSON OR ENTITY MOOED NO FOR THE PURPOSE STATED. ,O.D COUNTY ASSESSOR DEPUTY LNG COUNTY ASSESSOR IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS: ACCOUNT AMBER . FINANCE DMSION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAD,THAT THERE ME NO DELINQUENT SPECIAL ASSESSMENTS HERITAGE ARNOLD ASSOCIATES LLC., DINNER BANK CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT AL SPECIAL ASSESSMENTS CERTIFIED TO TITS OFFICE FOR A WASHINGTON LACED LlAILM COMPANY WY: COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED,DEDICATED AS Simms,ALLEYS CR FOR ANY OTHER WY: ITS: PUBLIC USE,ARE PAID N FULL. ITS: THIS DAY OF 2002. FIANCE DMSION ACKNOWLEDGMENiS STATE OF WASHINGTON - 2 SS. COUNTY OF KING S MANAGER.FINANCE DMIION DEPUTY I(EDIFY THAT I KNOW OR HAVE SATISFACTORY EWONCE THAT IS THE PERSON WHO APPEARED BEFORE ME,AND SAM PERSON,1'.IOIOwtIDCFD PAT(S)HE SEWED RESTRICTIONS THS NSTRIAIXT,ON OATH STATED(S)HE WAS AUIIIO02ID TO EXECUTE M 116TRUYIXf RID NO LOT OR PORTION OF A LOT IN THIS PAT SHALL BE DNTOED MD SOLD OR RESOLD OR OWNERSHIP CHANCED ACKNOYSIDGED IT AS THE OF HERITAGE mean ASSOCIATES LLCM 10 BE TIC TRNIS ERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PUT SOUL BE LESS THAN THE AREA REQUIRED FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED FOR THE USE IN THE DISTRICT IN WHICH IT IS LOCATED. N TIE NSTRIOIOR. CERTIFICATION DATED THIS DAY OF ,2002. SUBJECT TO DECLARATION OF CCNENANTS,CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NO. . NOTARY PUBLIC N AND FOR THE STATE OF WASHINGTON DECLARATION OF COVENANT RESIDING AT TIE OWNERS OF THE LAND EMBRACED WITHIN THIS PUT,N CONSIDERATION OF THE BENEFITS TO ACCRUE FROM PRINTED NAME THIS SUBDIVISION,BY SIGNING THIS PUT HEREBY CONVEY THE BENEFITS AND BURDENS OF THE EASEMENTS SET COMMISSION EXPIRES FORTH ON MS PAT TO ANY AND ALL FUTURE OWNERS OF THE LOTS. DRAINAGE FACILITIES 1,1 STATE OF WASHINGTON t SS DRAINAGE FACLITIES SHOWN ON THE PUT SHALL BE OWNED,OPERATED AND MAINTAINED BY THE HOMEOWNERS COUNTY OF KING ) ASSOCIATION CREATED FOR THE PUT. THE HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED N ACCORDANCE I CERIFY THAT I MOW OR HAVE SATIsFACTOIYY OCOEE THAT IS THE WITH WASHINGTON STATE LAW. PERSON MD MPFMED BEFORE ITC NO SAID PERSON ICMIOWUDGID TUT(S)HE ACHED TES NSTRUA&M,ON OATH STATED(SOME WAS NAHORIZED TO 11000E DE Ia1RIMNNT AND AQUIFER PROTECTION NOTICE ACKNOWLEDGED IT AS THE OF BANNER BANK TO BE THE FREE AND THE LOTS CREATED HERON FALL WITHIN ZONE_OF REMON'S AQUIFER PROTECTION AREA AND ARE SUB.ECT TO VOLUNTARY ACT OF SUCH PARTY FOR THE USES MO PURPOSES KIMONO IN THE NSTINMENT THE REQUIREMENTS OF THE CRY OF RENTON ORDINANCE NO.4367 AND AS AMENDED BY ORDINANCE NO.4740. THIS CITYS SOLE SOURCE OF DRINKING WATER IS SUPPLED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE DATED THIS BAY OF ,2002. THERE IS NO NATURAL BARRIER BETWEEN WE WATER TABLE AND GROUND SURFACE EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF AM LIQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNER'S RESPONSIBIUTY TO PROTECT THE GOYS DRINKING WATER. NOTARY PUBLC N AND FOR THE STATE OF WASHINGTON RESIDING AT SPECUE VECETATTYE BUFFER NOTE PRINTED NAME THE FIFTEEN FOOT VECETAINE BUFFER ALONG THE NORM SIDE Cl LOTS 33 THROUGH 38 SHALL BE MOMMED SEPARATELY COMMISSION MIRES BY EACH HOMEOWNER. Tf BUFFER AWL LE VEGETATED WITH SHRUBS NO NONE TREES THE HOMEOW ER CANNOT KNOW MR TREE UNLESS RECOMMENDED BY AN ARBORIST. THE HOMEOWNER CAN ADD A TAME TREE WITHOUT APPROVAL I OR CONSENT. NE HOMEOWNER CAN ADO OR REIJOvE ANY GROUDCONER OF THOR CHOCE MODUT ANY APPROVAL OR M SURVEYOR'S NOTES CON' ' x T.A FELD TRAVERSE USING A SORMA FINE SECOND ELECTRONIC TOTAL STATION WAS CONDUCTED,ESTABLISHING THE ANGULAR AND DISTANCE RELATIONSHIP BETWEEN THE MONUMENTS AND PROPERTY LINES AS SHOWN HEREON. i : THE RESULTING DATA MEETS OR EXCEEDS THE STANDARDS FOR HIND BOUNDARY SURVEYS AS SET FORTH IN WASH- ING-DON ADLIINLSTRATNE CODE OUPTER 332-130-090. g 2 EXCEPT WHERE NOTED.ALL BIER LOT MO TRACT CORNERS WILL BE STORED WITH A 1/2-14CII BY 24-14CH REBUT WTM . !' PLASTIC CAP MARKED'BCE 30582'AS PAT CONSTRUCION IS ECIPNLTED.LOT AND TRACT CORNERS ABATING STILL Is WERE NOT SET.THE SIIRLTWARO PROJECTION OF Elf LOT AD/OR TRACT LIES WAIL BE REFERENCED BY A'P-I'BRAND i MASONRY NAIL SET AT THE BACK OF THE CURB AT NO SPECIFIC DISTANCE PROW THE TRUE CORNER. JT 3. BASIS OF BEARING: NAD 83,CITY OF RENTON. O I. EASEMENTS AND RESERVATIONS g AN EASEMENT IS HEREBY RESERVED FOR MID GRANTED TO PUGET SOUND ENERGY,ANY TELEPHONE COMPANY,ANY CABLE COMPANY AND THE CITY OF RENTON AND THOR RESPECTIVE SUCCESSORS AND ASSIGNS,UNDER AND UPON THE EXTERIOR 10 FEET,PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF AU.LOTS,TRACTS AND PARCELS IN WHICH TO INSTALL,LAY,CONSTRUCT,RENEW,OPERATE AND MAINTAIN UNDERGROUND CONDUITS,NUNS,CABLES MD WIRES WITH NECESSARY FACILITIES AND OTHER EOUPT4 NT FOR THE PURPOSE OF t SERVING THIS SUBONSMN AND OTHER PROPERTY WON ELECTRIC.TELEPHONE,TV,WATER.SEWER AND GAS SERvCE. t TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIES FOR THE PURPOSE HEREIN STATED. 8 NO LIES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT,TELEPHONE OR CABLE N SHALL BE PLACED OR BE PERMITTED TO BE PLACED UPON ANT LOT UNLESS THE SUE SHALT.BE UNDERGROUND OR N CONDUIT ATTACHED TO A BIAORIG. .'‘� • ,CB NO.7797 aj __ � "_�Barghausen 0' ,..o'",P Consulting Engineers Inc. i ,�N E�'a CAM Engineering land PlAnning.Surveying,& ninentcl Services i�'I 4 >< 18215 72nd Avenue South Kent WA 981132 •'o Tekphonc (425)251-6222 For (425)251-8782 o V 'F3°lCS6' 'W PORT.NWV4 OF NE1/4,SEC.20,T23N-R5E,!.M. /SIC r�J s C R LU-30-02 SHEET 2 OF 4 / ...A.. ..,A................ SHEET 4 OF 4 HILL HERITAGE RENTON LUA-02-085-FP LND-10-0364 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON i N N \ D 1 I I I r- D p I r\ /\ r- 'ini iC., Do:- --Ini \ I\ I V E. I\ I\ I U \7 C_ V VI... IL,,,, 1 \7.:. K./I .N 5 \ ' - 4N N 5 \ N \ S89'56'36�E 929.64' N N L . e \` --60.00.-- ~ 50.00.1 r-`-'--50.0C1--Y "--60.00' "'\ 50.00'--, 60.00'--t'~� 118.58' j N - - _ _ - - 32 __, to' ►a c aNc ZONE 1 to'PSDE a PER SEPAO-C CONDITION 110 15'VEGETATNE ( 712 ( M $ 8 g 8 BUFFER LOTS 33-38) 8 8 n 25 REAR YARD SETBAG( ON SHEET 2 o ^ 1 N88.16.151V 117.09' I-1, PER SIEPA CONDITION I10 w' 34 33 fi `- 87.08' -- w 4G�Q�4 Q 38 37 36 n 1 18401 ( 18461 1 o ( 18161 'a ( 18221 0 18281 2 1 18341 g 1 1� 31 CO NORTH UNE E3MT. 'e 8 1 718 I $ CO 1 _ S89 09 5211 151.14' L1� 10'SDE I !` I C / Li-A )- 60.00' 1,' 50.00' ,-' 50.00' w'' 60.00' 50.00' .... C7- F- ••••••••18.88'10 END Cf ES�(T. !� �� N8816'15 W 85.68' j <C 589'S6'37"E 589.75' "' S.E._8TH PLACE _ l}r" c*44, �s +�4� �'�` 30 ..c 6 r r - v 179.92' ; _ 409.84' =gT as 9 00 • 20 AE 1 722 ( 8 N J. d 'CY o N ,r` foal6. C' I 10' 15'UE 23.29�- 55.00' �jr`_ 50.00' -jam'- 50.00' fir`- 50.00' -jam'- 50.00' �j�� 50.00' 1 35.54 c ��- �', TN88'16'151Y 95.45' T 1 q 7 42 W 43 44 �' 45 1 is 29 al.. �� a CC W }" 39 M 40 41 n n N o o�'-oo, \ "' „`.', 1 1805( e 1 18111 0 1817 2 1823 a 1829 2 ( 1835( o t 1 1841( 21' 21' Y 728 �i �s� .> i 1 729 1-$ w �" N88 i 6'151V 95.00' o. \� .3 = z = 10'PSDE� ,! i. 1 �-- �- 67.77' `'LBYi- 55.00' _- 50.00' --�� 50.00' 50.00' �� '� 50.00''- 50.00' i t!> -'�, ^' r` 60.00' -C S89-56.371 U1 8 28 a 589'S6'37'E 141.03' 1 589 56'37'E�'1 S89 56 37'E S89.56'37'E ! /s 734 ��• s9>p, 8 $ 8 8 n n (Z r- N88 1 el51V 95.00' 1 50 > \1 8 �, \ 1 1aoo� 49 48 478 6 46 1 y o a \ cv ( 18141 I 18201 ( ( y ( Z 8 27 $ \ Gu o cg + ( 18321 U $ 1 740 1 S/ 4 Ca (+,75 56 S• L6 h 4 °SI�7f 60.00' \ -- 50.00' 60.00' j 40.72'-• G1 J N88.16'151Y 95.00' -1,, /,p •`T�' _ 1 I \ \\ JS R�/50 0ptv2 ' N .u� _ - -58956'37'E 258.40' _ N .' 8 26 8 1 St r-ran 1. s BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday,October 23,2002 Conference Room No. 511 IN ATTENDANCE: Neil Watts,Chairman Dave Christensen,Utility Systems Larry Meckling,Building Plan Review Jim Gray,Fire Juliana Sitthidet,Plan Review Floyd Eldridge,Police Judy Walter,Acting Recording Secretary VISITORS: Rob Armstrong,Heritage Renton Hill Ben Eldridge,Heritage Renton Hill Todd Bennett,Heritage Renton Hill Fred Herber,Heritage Renton Hill William Sherman Jr.,Renton Hill Richard Newton,KNO Corporation John Hallstrom,Walgreen's No. 7355 MINUTES 1. CALL TO ORDER: Chairman Watts called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: Meeting minutes dated October 2,2002,were approved as presented. 3. REQUESTED ACTION: • On-Site Deferral,Heritage Renton Hill,LUA 02-085,Intersection of S.E. 7th St.&Beacon Way- Applicant is requesting a deferral for final lift of asphalt, sidewalks,plat monuments and as-built drawings. Action: Following a brief discussion, it was Moved by Christensen,seconded by Meckling to grant the deferral for final lift of asphalt,as-built drawings, sidewalks,and street plat monuments for 5 months. The deferral is also subject to the following conditions: a)a Licensed Surveyor states in a letter intention to install all monuments prior to release of the deferral; b)sidewalks need to be constructed prior to occupancy of the homes; and c) applicant will furnish a security device with the City in the amount of $179,9897.52(150%of the estimated cost.) MOTION CARRIED. • Variance From Driveway Standards,KNO Corporation,601 S.W. 7th St. and Seneca Ave. S.W.- Applicant is requesting a variance for maximum width of two(2)driveways. -8 ✓ • • LU.K} oZ-o BOARD OF PUBLIC WORKS 8:30 a.m. City of Renton Wednesday, October 23,2002 Conference Room No. 511 AGENDA 1. CALL TO ORDER: 2. APPROVAL OF MINUTES: Meeting minutes dated October 2, 2002. 3. REQUESTED ACTION: • OFF-SITE DEFERRAL, HERITAGE RENTON HILL, LUA 02-085, Intersection of S.E.7th St. & Beacon Way- Applicant is requesting a deferral for final lift of asphalt, sidewalks, plat monuments and as-built drawings. • VARIANCE FROM DRIVEWAY STANDARDS, KNO CORPORATION, 601 S.W. 7th St. and Seneca Ave. S.W.- Applicant is requesting a variance for maximum width of two(2)driveways. • RIGHT-OF-WAY USE PERMIT, WALGREEN'S No. 7355, LUA 02-038, 3011 Sunset Blvd. N.E.- Applicant requests a revocable permit for a portion of the right-of way for parking stalls, landscape improvements and installation of a double sided sign. • OFF-SITE DEFERRAL, SAINT CLAIRE (Ref: Brookridge) LUA-02-08S, Monterey Court N.E. & N.E. 32nd St. - Applicant is requesting a deferral for installation of street light poles and fixtures until November 30, 2002, to complete recording of the plat. 4. ADJOURNMENT: DEVELOPMENT P CITY OF RE�ONNING • 'ECEIVED BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday,October 23,2002 Conference Room No. 511 IN ATTENDANCE: Neil Watts,Chairman Dave Christensen,Utility Systems Larry Meckling,Building Plan Review Jim Gray,Fire Juliana Sitthidet,Plan Review Floyd Eldridge,Police Judy Walter,Acting Recording Secretary VISITORS: Rob Armstrong,Heritage Renton Hill Ben Eldridge,Heritage Renton Hill Todd Bennett,Heritage Renton Hill Fred Herber,Heritage Renton Hill William Sherman Jr.,Renton Hill Richard Newton,KNO Corporation John Hallstrom, Walgreen's No. 7355 MINUTES 1. CALL TO ORDER: Chairman Watts called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: Meeting minutes dated October 2,2002,were approved as presented. 3. REQUESTED ACTION: • On-Site Deferral,Heritage Renton Hill,LUA 02-085,Intersection of S.E. 7th St.&Beacon Way- Applicant is requesting a deferral for final lift of asphalt, sidewalks,plat monuments and as-built drawings. Action: Following a brief discussion, it was Moved by Christensen,seconded by Meckling to grant the deferral for final lift of asphalt,as-built drawings, sidewalks, and street plat monuments for 5 months. The deferral is also subject to the following conditions: a)a Licensed Surveyor states in a letter intention to install all monuments prior to release of the deferral; b)sidewalks need to be constructed prior to occupancy of the homes; and c) applicant will furnish a security device with the City in the amount of $179,9897.52(150%of the estimated cost.) MOTION CARRIED. • Variance From Driveway Standards,KNO Corporation,601 S.W. 7th St. and Seneca Ave. S.W.- Applicant is requesting a variance for maximum width of two(2)driveways. - i ARTICLES OF INCORPORATION Of HERITAGE RENTON HILL HOMEOWNERS ASSOCIATION The undersigned, acting as incorporator of a corporation under the Washington Nonprofit Corporation Act, adopts the following Articles of Incorporation for the corporation. ARTICLE 1. NAME The name of this corporation shall be Heritage Renton Hill Homeowners Association. ARTICLE 2. DURATION The duration of this corporation shall be perpetual. ARTICLE 3. PURPOSES The purpose for which the corporation is organized is to provide an entity to manage and administer the affairs of the subdivision located in Renton, King County, Washington which is known as "Heritage Renton Hill", 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 permitted to be undertaken 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 exercised in accordance with the provisions of the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations for Heritage Renton Hill (the "Declaration"), which is or shall be filed with the Division of Records and Elections of King County, Washington, as it may from time to time be amended. Capitalized terms used in these Articles without definition shall have the same meaning(s) ascribed to such term(s) in the Declaration. ARTICLE 4. DISSOLUTION On dissolution or final liquidation of the corporation, the assets of the corporation shall be distributed among the members of the corporation in accordance with their respective Common Expense Percentages as defined in the Declaration. 50179\00308\195274.V01 MMC CONSENT OF CORPORATION TO SERVE AS REGISTERED AGENT Heritage Arnold Assoc LLC, a Washington corporation authorized to do business in the State of Washington ("Agent"), hereby consents to serve as Registered Agent, in the State of Washington. for the following corporation: Heritage Renton Hill Homeowners Association. Agent understands that as agent for said corporation, it will be responsible to receive service of process in the name of said corporation; to forward all mail to said corporation; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of Heritage Renton Hill Homeowners Association. 41 Date: /f/ '2 /U t • Heritage Arnold Assoc LLC, A Washington corporation By: Tod Bennett, Manager I Address: 21011 NE 1st ST Suite 201 Bellevue, Washington 98005 50179\00308\195274.V01 MMC 4 ARTICLE 9. INDEMNIFICATION To the full extent permitted by the Washington Nonprofit Corporation Act, each member of the board of directors, each member of a corporation committee, each officer of the corporation, the Declarant who filed the Declaration and the managing agent of this corporation shall be indemnified by the corporation 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 a party or in which he or she may become involved by reason or holding or having held such position, or any settlement thereof, whether or not he or she holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his duties; provided that, in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interests of the corporation. Nothing herein shall, however, be deemed to obligate the corporation to indemnify any owner of a Lot under the Declaration who is or has been a Board member or officer of the corporation with respect to any duties or obligations assumed or liabilities incurred by such owner under and by virtue of the Declaration as an owner of a Lot covered thereby. ARTICLE 10. INCORPORATOR The name and address of the incorporator is: Heritage Arnold;Assoc, 21011 NE 1st,ST Suite 201 Bellevue,Washington 98005 Executed in duplicate on II / Z� � ! L . C_ Todd ennett, Incorporator 50179\00308\195274.V01 MMC 3 ARTICLE 5. MEMBERS The corporation shall have one class of members, which shall consist of the Owners of the Lots of Heritage Renton Hill. ARTICLE 6. REGISTERED OFFICE AND AGENT The address of the initial registered office of this corporation is 2111 NE 1st ST, Suite 201, Bellevue, Washington 98005, and the name of its initial registered agent at such address is Heritage Arnold Assoc LLC. 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 three (3) directors. The names and addresses of the persons who shall serve as directors until the first meeting of the members following the expiration of the Declarant Control Period and until their successors are elected and qualified unless they resign or are removed are: 1! ST S 'Lv I/t-'/49 j 1, , 1.4'v.? ARTICLE 8. LIMITATION OF DIRECTORS' LIABILITY No director shall have liability to the corporation or its members for monetary damages for conduct as a director, except for acts or omissions that 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. If the Washington Nonprofit Corporation Act is hereafter amended to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of the directors shall be eliminated or limited to the full extent permitted by the Washington Nonprofit Corporation Act, as so amended. Any repeal or modification of this Article shall not adversely affect any right of protection of any director of the corporation existing at the time of such repeal or modification for or with respect to any act or omission of such director occurring prior to such repeal or modification. 50179\00308\195274.V01 MMC 2 CITY OF RENTON DEC 0 2002 CITY OF RENTON crry CLE p EIV DFF'CE PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 10, 2002 TO: Gregg Zimmerman,Administrator FROM: Arneta Henninger X7298 Development Services kd SUBJECT: HERITAGE RENTON HILL FINAL PLAT LUA 02-085 SE 8TH PL AND LINCOLN AVE SE The above plat has been approved by the Council. All fees have been paid. Technical Services has signed off on the project. Development Services has signed off on the project. The attached mylars are submitted for your signature. The yellow file is attached for your use. If you have any questions please call me. Thank you. cc: Kayren K. jl CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 22, 2002 TO: Jan C. FROM: Arneta H.X7298 SUBJECT: HERITAGE HILL Please review the attached road/lot layout and addressing and verify if it is consistent with your data. Thank you! cc: [Click here and type name] \ k \9 Document2\ajh e SHEET 1 OF 4 HER . .' AGE RENTON .- ILL L2o485-FP 9b BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON FOND PG M . ONGIT Y BISS MXM MOMAEB CASE(I/01 RUC LEAD NO Oa ON LIE(I/02) • FOLIO Rum W CA -`^ REIM CIARRIL PI.M16 1ERa 0.111R3L PI.µ15 1 f01A0�M �'\N Ol llE(1 f01EID lI3MAfM1f N OLg E 1/4 WRIER SECTION m \a IAE I \R r(/N 1/4'MISS IN SET N CapETE MAO 2'BASS 06K mH N. r " �' ---1 /SlF NORO a sEwoN LIB(1/0:) N locum 03(t/at) Vl8 17 ! . t 2e61.R1ACl B lTH-8TREET — 1 929.64' 1 N89'56'371Y 929.6P(ROS 5 \WNss'361 2Eaa•(C), 17 16 1D27.15 32 1000 FEW VD? 20 21 19 20 h) �1.u, 1,i;�ACT A 38 37 38 35 34 33 91 o M OE TREE 17°°"(c> \MORIIMEST GOR[R SECTIOu 20 33.20' 1 aa'BEER(T%02) 0 ICI I AST GONER SCT R m ln+tuATm ) , SE.8TH PUCE (DLDIATln POSITION) 5O1'S'12 ,upl x* �n 33.13�(ROS� y+�4.1 C 90 ti„L.n I I v BYO B MUTT EASEMENT '4�j \®40��®���'I 29 TEC 0 RI061R0663 ed I .- �mm��� 27 4 8E-8TH-8TREET-,,_?_.,5 28 V i` IN ; 1 '••�aOI 8 910n 25 is A •• •• •• •- •/,, 15 14 13 12 23 �L_,`9 cc V ' A tR ` • �C. y _ 22 R_�> T Oi ••CTT'i OF RENTON ,, 21 1--f-CJ c1 I r� 20 L2'-L, • 18 Q:3 FOLIO RFBR vat \1uO awl• • FOLIO IBM 11/0P 6 0.Y. 'iso aye PLAT NOTES I. THE ARTICLES OF INCORPORATION FOR THE HERITAGE RENTON HILL HOMEOWNERS'ASSOCIATION IS ON FILE WITH THE STATE OF WASHINGTON IN OLYMPIA 2. TRACT•A'IS A DRAINAGE FACIUTY TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. 3. TRACT IF IS A RECREATION SPACE TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION EENRFIED IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. TRACT•B•IS NOT CONSIDERED A LOT OR BUILDING SITE FOR THE PURPOSE OF RESIDENTIAL DWEWNG CONSTRUCTION. NA 4. TRACT'C•IS A PRIVATE STREET FOR THE BENEFIT'OF LOTS 13,14 AND 15 AND AN EMERGENCY ACCESS TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOFIATION IDENTIFIED IN NOTE 1,ABOVE.FOR OWNERSHIP AND MAINTENANCE PURPOSES. IN ADDITION.A MITT EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON OVER THE ENTIRE TRACT C. *lox 5. TRACT'D•IS A LANDSCAPE TRACT AND IS HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIEDTErT,IN NOTE 1,ABOVE,FOR OWNERSHIP,AND MAINTENANCE PURPOSES. II r E 6. ALL WATERLINE EASEMENTS(WL.E)AND SANITARY SEWER EASEMENTS(SSE)ARE HEREBY CONVEYED TO THE CITY �� c OF RENTON FOR THE PURPOSE OF SERVING THIS SUBDMSION AND OTHER PROPERTY WITH WATER SERVICE. ALSO SEE'EASEMENTS AND RESERVATIONS',ON SHEET 2 OF 4. 7. ALL UTILITY EASEMENTS(LIE)ARE HEREBY RESERVED EQUALLY TO ALL TRIUNES,BOTH PUBLIC AND PRIVATE,FOR OWNERSHIP MID MAINTENANCE PURPOSES. I C. B. ALL PRIVATE STORM DRAINAGE EASEMENTS(PSDE)ARE HEREBY CONVEYED EQUALLY TO THE LOT OWNERS WHO J WOULD BENEFIT FROM THE EASEMENT FOR OWNERSHIP AND MAINTENANCE PURPOSES. 0 100 200 400 9. ALL PUBLIC STORM DRAINAGE EASEMENTS(SDI)ARE HEREBY CONVEYED TO THE HOMEOWNERS'ASSOCIATION IDENTIFIED I= 1== S U IN NOTE 1,ABOVE,FOR OWNERSHIP AND MAINTENANCE PURPOSES. ALSO SEE DRAINAGE FACILITIES NOTE,ON SHEET SALE 1--200' 2 OF 4. 10. ALL DRIVEWAY EASEMENTS(DIVE)ARE HEREBY CONVEYED EQUALLY TO THE LOT OWNERS WHO WOULD BENEFIT • ;. I'.. FROM THE EASEMENT FOR OWNERSHIP AND MAINTENANCE PURPOSES. LEA 11. THE LANDSCAPE AND MONUMENT EASEMENT(LATE)SHOWN ON SHEET 3 IS HEREBY CONVEYED TO RIVER RIDGE + SECTION CONKER(CLOAATED POSMON) s HOMEOWNERS'ASSOCIATION FOR PURPOSES OF MSTALUNG AND MAINTAINING ENTRY MONUMENT SIGNAGE,LANDSCAPING Fi AND IRRIGATION FOR THE RIVER RIDGE PUT. ...... FOUND QUARTER CORER AS NOTED r 12. THE ACCESS EASEMENT(AZ)SHOWN ON SHEET 4 IS HEREBY CONVEYED TO THE OWNER OF TAX LOT NUMBER 9 FOUND MONUMENT AS NOTED " 202305-9058 FOR INGRESS AND EGRESS. (C) 5ENSION CALCULATED FOR TINS SURVEY 13. A SUBOMSON GUARANTEE PREPARED BY FIRST MIERICAN TITRE INSURANCE COMPANY,THOR ORDER NO.P859229-1 (M) DAEISION MEASURED FOR THIS SURVEY j AND DATED OCTOBER 29,2001,NE ALL SUPPLEMENTS THEREOF WERE RELIED UPON FOR RECORD ITEMS AFFECTING TARS SUBDIVISION. ACCORDING TO THESE DOCUMENTS,THE FOLLOWING HUES AFFECT THIS SITE: (NOS) DAENSON CITED ON RECORD OF BARNEY BY MEAD___ i A. AN AN EASEMENT INCLUOING THE TERMS D PRONSp16 CONTAINED THERUN GRANTED TO RENTON SCHOOL DISTRICT AS ND ASS00116,NEC.NO 100003T090000J RECORDED UNDER RECORDING NO.9108190683. b u JOB NO. 7797 3 RECORDING CERTIFICATE LAND SURVEYOR'S CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON I HEREBY CERTNY TTMT THIS PUT OF HERITAGE RENTON HAL IS \G,HAEL hp Barghausen THIS DAY OF 200 AT MITES BASED UPON AN ACTUAL SURVEY AND SIBOMSON OF SECTION 20, 01��AaaSA' �' Consulting Engineers,Inc. PAST .M.IN VOLUME_Of PATS AT PAGES TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,THAT THE COURSES 4•., /J.E'1 Civil Engineering,Land Planning,Surveying,Environmental Services .RECORDS OF KING COUNTY,WASHINGTON. AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE '! MONUMENTS WAL BE SET NE THE LOT ADD BLOCK COMERS SEWED •^ i.. 18215 72nd Avenue South Kent.WA. 98032 DMSION OF RECORDS AND ELECTIONS CORRECTLY ON THE GROUND NE TENT I NAVE FULLY COMPLIED o Telephone: (425)251-6222 Fax: (425)251-8782 0 WITH THE PROVISIONS OF T1E PATTAIG REGDLATIOFNS. " e�2 0 `/f PORT. NWV4 OF NEV4, SEC.20, T23N-R5E, Wit���151 Ea'`Saes \ F. HMS, P A 42 LAW- 4 SHEET 1 OF 4 �T. WAGER SUPERINTENDENT OF RECORDS f.MIpMP H076,PIS/q. EXPIRES 08-30-041 HER,. AGE RENTON ILL SHEET 3oF4 -, � �SS-FP LND- BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON \ . — �. i 423� e, i \ , i „.. ,.., , .... .... • • 'Is - i 'r - h n r`o L ,rn, ivZ Dot" clu_vnr 4 S. 7TH \ 1 ' h i v v r v.. v . Al . \\.... \ �t5tl STREET G se sc' s29.N' e \ 5a43 *-1! I$� I e 380.70' . y'r-- r 1 ` J o' NE 15'IAIM6PIPE IIEA� �' ��'I-IS ` IAA I F- \ �� TRACT A !8 \ 6,� STORM DwuwCE TRACT16'; 4» JJ',i(, ,,{{�� 15'161F� t W Q 31292' Ili •\/ 4.40.00.I 6 ' oui . 9r 8E 8TH PLACE 93556.371 5110.75'`' 30' 30' 1 \4 is..rips47, I I \ h \ ,, TRACT D ' ,m `8.d `. '-6• IANDSCAPE TRACT fA m in i I � e~oL1 40 NIP W \ 8 I Holt •1yl `d s. L� -- �' I @�.� s 2 ''ts jj�yy�,II art I �tioj 1 ��\ 11707I • 6 �"y Se' W 1 1 ••\go 0 \ .4.d. * 4,'<7., • tip., I �� \ 1 m31 Lbw/ 55444 4 1 4')- ` '�J .1- ,. ..i` )17191 6 aJ*7J 414, \ ' ' �b 7s007• �I N s �-a Qa� .v`` " • 11725I _a1? 4 N 11 \ -,. ..‘,)\. yZt t1�W I'SE µ;\ 118031`\ w 7 • [11 S co W 0 5 500 ` \ CO SCALE:1'.50' N LEGEND i •cne FUND OM00ER COIOIFR(SEE SHEET 1 FOR DESfAAIDN) B RIND macaw(SEE SHEET 1 1T1R DESCRIPTION) S u • TONG COUNTY SWORD ROAD MONUMENT 10 ` 1y BE SET AS 1D16TRUCITON 6 COMPLETED (8 f 9AE PUBLIC YATERIE EASEMENT m (SEE PUT NOIE 5 SHEET 1) SEE PUBLIC STORM DRONE EASEMENT $ ' (SEE PUT NOIE 9,SHEET 1) \ • fri PSOE PRNATE STORM DRA9NOE EAS0ENT (SEE PUT NOTE 8,SHET 1) Crl RI I LEE INNSCAPE D 153 (SEE NOTE SHEET 1 AOaLCS AS PREMED 04 THE OTT OF WON UNE NaE o HE LOT MD. MOTH CORING U a RCM 3601' 90003'23.6 12 a ROO 27.56' 5000523w ! 13 a ROO 10.45' S000T'23'W a CURIE DIE ii 0ONE LOT NO. MOH IRONS °aIA 'MOOR J08 NO.7797 S Cl TRACT A 4931' 25.00' 11327'34' 3610' -,,, t C'2 TRICTA 45.3w 57.00' 4536'57 23.97' \UHAEL h,O Barghausen C4 TMOT ° �'g 10690 652543' u33' Consulting Engineers,Inc. '' �4.�pt Asp�I, C4 LOT 1 18.71' MOO' 534'53• 24.JY CS LOT I 1271' MOO' 9'M'S9' 637' �'i,1i • Civil Engineering,Lad Planning,Surveying.Fmironmenid Service Cl LOT 2 3652' 7600' 2732'09' 1862' 18215 72nd Avenue South Kent,WA. 98032 2552 C7 LOT 4 1.06' 171.00' 021'21' 0.53' . ! i,� Telephone: (425)251-6222 For (425)251-8782 a Lor s LIOs3 t7,O0' 2016'4Y 30.55 a 31S15-1 - PORT.NN114 OF NEU4,SEC.20,T23N-RSE,WM C9 LOT 5 48.96' 171.00' 16.24'19' 24.65' NOTE: ` si 30582 Q NG CORMS) C,o TRACT A 1127' 12500' 009'56' S64' FELINES OR RIGHT-OF-WAY LOT UNES UNES NOT 0�4I 1*30 S13 ' 4 NOTED As RADIAL((R))ARE NON-RADNL. Ear 08-30-04 SHEET 3 OF 4 r E RENTON S-IILL LUA402-085-FP SHEET OF 4 HER A G L/043-0364 BEING A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON 1 r [� D ag-, , 1 • 1 r L f: r\ i v �) L r sm.- V... .. N 1. • 2 J 1 4 \\\ ••'s 5 \\ 7 ft75616t 929.64' N \ N. --60.00'�i5100. ,—saoo 60.66'---,r-seod---f,--eo.6o'° ', ne.5r ' ? -— . Ir N3-0DAI G S E '1 $ W PsaE� Is,ii y�8@pA6E - 1 712 32 I ' PER 56ra mmux Po ezz�Fy; $ d surer L wan $ o 25 IEYI wo 5EMAOC °s TRACT A = ON 9(512 34 p 33 ,. Nerlr,sW In.a' PFR N. o8onaI�ro 38 37 a 3e to 35 a f� n fT+� b I I` 87"° , 031=E3 i 1 18221 4 i ® 1 ' '�,..-I IQ BE 31 a, bI peN LIE ERE tr 5� 3 I I 1718 1g 541o1'S2�'151.1 I C] 60.a' 5000' ' 5000' ' - 10.ar _.. C7 \ L'J `.•-....186r A Bes ce MIL �� NerIBls'W sue' , ! Se15r31T 50.75' ` 8F._8TH PLACE �! c c-e7,�e oo R „gm 17221 R .i 25b'Th- war � some -i 5o.034 -,`- saw' -i`_ soar -/� %ore 7s54'-+ o e.. ' ,q_1__ IQ' 1s uc I1n `\'1203 F g s ir •e- . 11801416154111 8 5' ..!,:,2.-.'‘.44 and 39 40 a 41 5 42 e. 43 44 5 45 29 ,0;,".\_,us. ® 1,°111 1 I tell g ® +� i 110-4 21' 21' R 1 72e l N. 4 ti 'fin woo. 4,- war :w��w.6r \r so.ar-�i We•87.7r °I ,1 1m 5ersr77'E 141.oY , ,-� ," IQa , sars6'77t , 8 28 g e���" +� 60 a ' I7341 mew*uar 4. ` Il 49 48 r 47 r 48 R Z• aJ7 I rim 1 1 I,ez°I +1,°8721 g t ® e •,�Ip 3�• M V ,., . e u -1 - e �'•,o7�,' 1�1— 6o.00' —c wor �✓ eo.ar A./40.7Y- 3 tenon,moo' - fY \ R•/Sp.Op' Zr'44- - 00e64371 256.40' gi ...,,,; $ 28 8.E 8TH STREET Zr.. 1 Si Item I \ 9 / alf •,r 50.00' , 60.ar , 5003 , 3e66• - NerIr1SY IS.00' 7tr 1r PSR 8 a $ t gg 25 �/ A ,o $ • \��' , ` - 7 g g '�T 10 ' 11 a Nerlrlsr°Sao ss i�/ ® -I 1 18211 1 owl 1 18331 , Si F-- \ \ eo.11' soIV mei: -. w - eaao•• - so.00' - 611.63 ' N. 24 g n \ c 91BSr37t 14°Ar soar -�1 e000' -, 7326' , 1 816 1 10'ROE 5 telrlrls'P 05.00' ' $ g I- \:4 NPO T,. 15 14 13 Cj 12 A 12620I R to 40,1 C,O ® $ I I e20 uE I 1825 I i 1 821 1 x \ � 21' 21' NerleYSY nor -! u, 4� \ % .E �ti zur 1 eaar�v ee.oC -1: o\O $ 22 r--- -;; 9956'3YE 1145.ar t9 5; 1n 444 []_ w c_1 ' \ °qo� 4 TRACT C PRf/ATE STREET Nlo is \ '.!t ; �v ,a aC .e ..6._ 0.. Nerlr,sl'WOO' N 4`,�J"' \� SBPse'SIT 115er 4•• -� {-———- �J `~Fg i; oriel x 2 1 to is 2 _-i X \ s9 PAWS ,,,, 1 & L__— \\�j 16 NI Nerlrlslr War _r L,^S ` 4, I e37 1 '' 8 ,13 n'` o� VI 20 i rt , 0 25 50 100 \ G�•6 '? ® 81 r--- C> o )y 3e'71' 1~ I U St SCALE:1'_SD' ,- a 1 - Nerlrlsl,tear 'P' .0 8 LEGOID 8COINER(SEE sIEE7 1 FOR oESC1-,lON) • 17 s l I_ I2r ar .o. 9O QUARTER ----- 8 6i FOUND 104LI ENT(SEE SHEET 1 FOR oESCBP110N) ® -f1 g • 16N0 COUNTY SWORD ROAD NOWW To A , N .. 1) ) A .. N . °7I`�NerTrlsM,tear }iiii __ • BE SET AS CONSTROCTI N 6 C06P1ETEB ::: r::nlrrjPl - - NE PL91C w1E%.E[AMORh- ° r- (SEE RAT NOTE 6,SHEET 1) 2 p I 18 SSERSLFt SNOW SEWER EASE3o1T \ (9E RAT NOTE 4 9EE1 1) \ 1 9,2 I \ SOF PLELX STORM ORv°GE EASBENT r't DALE ,, \ g (SEE PUT NOTE e,9EET 1) CLINE IDT NO. to CURVE MBAS OF1.D� 'w too I l`� ' \\ PSOE PWAE STORY MANAGE EASDIFIB Cl LOT 33 46.14' moo' 3617'45' 2421' 'y \ a(\� 'C\ 6? \\ a (YE PUT MOTE 4 MEET 1) C2 LOT 31 20a6' 76.ar 15137'25' 10.a' \ - `�� ''/y \ �^�' U 01011Y FASDDIT CJ LET 36 4saee 76.ar 3351b4' 2J2Y \ \ \ 4d p'�-< 6 \ (SEE RAT NOTE 7,SIEET 1) C4 LOT 23 e3Y 76.0r r16'0e' 4.1r ��' ' \ PE ACCESS Damn WE D81E C5 LOT 21 15.22' 55.6r ,S51'13' 7.66' • i 65 \ JOB NO.7797 (SSE RAT NOTE 12,MET 1) lrE'i No. BEADING estre E a IGT 20 2o.1Y ss.ar 219r5°` 1020' 4 t ORE NNW EASEMENT 11 LOT 33 sersrAT 2.a'- C7 LOT IS 26.17' S5.6r 27,r26' 13.3/• E,4AEL Bargh ausen (SEE RAT NOTE 10,SHEET 1) U LOT 33 544'4°•3°y 1e36' Ce INC C 262s' 55.ar 21'20'Se' 1310' ' 01 AS4�Ol Consulting Engineers,Inc. n WA ADDRESS AS PNO/9EO By TIE par L3 LOT 31 N4.48'7°' 7316' C6 LOT 12 30.41' 59.or 31'54'44' 15.73' 4•'' &A�A CnA Engineering.lone Planning,Surveying,Environmental Services i OF RBBON L4 TOT 16 S45'40.216 1206' CIO LOT 12 3551' 25.ar 81'22'734 21.4°' 17 'G) 18215 72nd Avenue South Kenl,WA 98032 g 15 LOT 16 S55229'55'4 17.94' C11 LOT 11 40.00' 25.00' 91440422' 25.14' Telephone: (425)251-6222 Fos: (425)251-8782 NOTE L6 LOT 50 110703V'E 526' C13 TRACT B 3027' 25.ar 7r002s' 2540 0 Cr sez 5 k PORT.NN1/4 OF NEV4,SEC.20,T23N-R5E,WI THOSE LOT LMES IIITERSECTII4G CURvED U 7MCT B MOr0.1'2JT 528' C13 TRACT B 7°21' 25.ar °QOO'a' 25a0' Jy FC/STEa\0 Jae LOT LIVES OR RIGHT-OF-WAY ONES NOT LB LOT sersJ'N7 1°.61' C14 LOT 45 54.40' 34.ar er�32d 35.E 441 LAND : • 1101ED AS RAONL RR))ARE NON-RADIAL DPW s 08-30-04 SHEET 4 OF 4 4 GHA VS CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES ENG\NF'� LETTER OF TRANSMITTAL TO: Arneta Henninger DATE: November 25, 2002 City of Renton Public Works SENT VIA: Courier Delivery 1055 South Grady Way OUR JOB: 7797 Renton,WA 98055 RE: Heritage Renton Hill Quantity Date Description 1 copy 11/19/02 Updated Title Report CITY OF RENTON For your records. RECEIVED 2 2002 BUILDING DIVISION cc: Bill Sherman,Wm. Sherman&Co., Inc. (w/enc) Signed: ILA W, i Fred Herber,Bennett Development(w/enc) Ben H. Eldridge ( e eL Dennis J. Saltys,Barghausen Consulting Engineers,Inc. (w/enc) Design Engineer II Robert J. Armstrong,Barghausen Consulting Engineers, Inc. (w/enc) 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com 7797t.047.doc 31/,23/,02 10:38 FAX 253 471 5726 EXAMINING aJ 00z •r ;•-% gym,`` • First American Title Insurance Company 3866 SOUTH 74TH STREET TACOMA, WA 98409 TITLE TEAM (866) 234-6353 - FAX (866) 662-1449 Hari H REPORT • SUBDIVISION GUARANTEE ORDER NO. P859229-1 LIABILITY: $1,000.00 FEE: 200.00 TAX: $17.00 REFERENCE NO.: NONE 1+'LRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES BENNETT DEVELOPMENT HEREIN CALI.F1) THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WIT11 RESPECT TO THE VALIDITY, LEGAL El-HBCT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. 3. THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIv1DING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58.17, R.C.W., AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT TS NOT TO 13€ USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY. DATED: NOVEMBER 19, 2002 AT 8:00 A.M. Page I ,11/123/02 10:38 FAX 253 471 5726 EXAMINING LQJUU3 SUBDIVISION GUARANTEE ORDER NO. P859229-1 SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A. TITLE IS VESTED IN: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY B. THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MAI IERS ARE EXCLUDED PROM THE COVERAGE OF THIS GUARANTEE: 1, UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3_ TAX DEEDS TO THE STATE OF WASHINGTON. 4, DOCUMENTS PERTAINING TO MINERAL ESTATES_ DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTII, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°56'36" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.64 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°43'45" WEST ALONG THE EASTERLY I iMT1'S OF SAID SUBDIVISION A DISTANCE OF 81.8 51 FEET; THENCE SOUTH 71°06'04" WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44°19'40" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1,148.18 FEET TO A POINT ON THE WESTERLY LIMIT'S OF SAID SUBDIVISION; THENCE NORTH 01°45'37" EAST ALONG SAID WES1 t iU,X UMITS A DISTANCE OF 33.20 FEET TO THE TRUE POINT OE BEGINNING, IN KING COUNTY, WASHINGTON. Page 2 .1/23/'02 10:38 FAX 253 471 579R EXAMINING 41004 ORDER NO. P859229-1 RECORD MATTERS: 1. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: NORTHWEST FINANCIAL CORPORATION BENEFICIARY: BANNER BANK AMOUNT: S4,293,000.00 DATED: OCTOBER 10, 2001 RECORDED: OCTOBER 24, 2001. RECORDING NO.: 20011024002127 (INCLUDES OTHER PROPERTY) 2, EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 19, 1991 RECORDING NO.: 9108190683 IN FAVOR OF: RENTON SCHOOL DISTRICT NO. 403 FOR: CITY OF RENTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON NOTE #1: GENERAL TAXES FOR THE YEAR 2002 WHICH HAVE BEEN PAID. AMOUNT: $18,754.12 TAX ACCOUNT NO.: 202305-9110-02 ASSESSED VALUE OF LAND: $1,632,000.00 ASSESSED VALUE OF IMPROVEMENT: $0.00 ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF e' ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON if. J W/RJ/D H:EJ H:EJ H:EJ H III Page 3 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 11-08-2002 Land Use Actions RECEIPT Permit#: LUA02-085 Payment Made: 11/08/2002 02:09 PM Receipt Number: R0206531 Total Payment: 86,751.26 Payee: HERITAGE ARNOLD ASSOCIATES LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 3021 303 .000.00.345.85 Park Mitigation Fee 26, 538.76 5045 304.000.00.345.85 Fire Mitigation-SFR 24,400.00 5050 305.000.00.344.85 Traffic Mitigation Fee 35, 812.50 Payments made for this receipt Trans Method Description Amount Payment Check #1084 86,751.26 Account Balances Trans Account Code Description Balance Due 3021 303 .000.00.345.85 Park Mitigation Fee .00 3955 000.05.519.90.42 .1 Postage .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345 .81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5045 304.000.00.345.85 Fire Mitigation-SFR .00 5050 305.000.00.344.85 Traffic Mitigation Fee .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237 .00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 PostacP .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00 rf' 40 4110 CITE' RENTON "LL Board of Public Works Jesse Tanner,Mayor October 24,2002 Ben Eldridge Barghausen Consulting Engineers,Inc. 18215—72nd Avenue South Kent, WA 98032 SUBJECT: ON/OFF-SITE DEFERRAL HERITAGE RENTON HILL—LUA 02-085 INTERSECTION OF S.E. 7TH CT. & BEACON WAY • RENTON,WA Dear Mr.Eldridge: On October 23,2002,the Board of Public Works met to consider your request for a deferral of final lift of asphalt,as-built drawings,sidewalks and street plat monuments. The Board granted the deferral for 5 months for the following items: 1)final lift of asphalt;2)installation of sidewalks,and 3)street plat monuments. The deferral is subject to the following conditions: a) a Licensed Surveyor states in a letter intention to install all monuments prior to release of the deferral;b)sidewalks need to be constructed prior to occupancy of the homes; and c) applicant will furnish a security device with the City in the amount of$179,897.52(150%of the estimated cost). The Board denied the request for the deferral of the as-built drawings. You may call Juliana Sitthidet,Board Coordinator,at(425)430-7278 if you have any questions or need additional information. Sincerely, ry\ Judy Walter Acting Recording Secretary a Enclosure o 1 cc: Rob Armstrong,Barghausen Consulting Engineers frif 4,Y1 Todd Bennett,Heritage Arnold L.L.C. ti Fred Herber,Heritage Arnold L.L.C. 20S William Sherman Jr.,Heritage Arnold L.L.C. 22 Neil Watts,Chairman Board Members Juliana Sitthidet LUA 02-085 File HAt de Jysust'W-13Q Qot011the Ta y` vWay 1RentOn,SWashington YWriemtage Kenton Hill letter c\jE N T O N 111 J J AHEAD OF THE CURVE %.* This paper contains 50%recycled material,30%post consumer M101. �s� C04IVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES Q it_ ii r 2 Z°<r 4��y, October 24, 2002 LNG ENGi- Bob MacOnie,P.L.S. City of Renton Public Works Department 1055 South Grady Way Renton,WA 98055 RE: Heritage Renton Hill City of Renton File Nos. LUA-02-085FP and LND-10-0354 Our Job No. 7797 Dear Bob: 1 Regarding the final plat condition for installation of the plat monumentation for the project referenced above, this letter serves as Barghausen Consulting Engineers, Inc.'s commitment to l install all monuments noted on the final plat within five months of plat recordation. Should you have any questions or comments regarding this letter,please give me a call. Sincerely, Den J. Saltys,P. .S. Director of Surveying Services DJS/jss \i,,.,.,.,. �J. :::;-xv)iti, 7797C.021.doc cc: Robert J. Armstrong, Barghausen Consulting Engineers, Inc. ; W4iir`4 ,� Acztfir" tz k tn " •f 328 / \ a , Aye,. ALLAND EXPIRES:1 -15-04' , 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com • GHg S CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES October 24, • (1- ' �, \ '►' i 2002 COURIER DELIVERY <T�NG ENG‘Nl"(r. Arneta Henninger City of Renton R E TY of REn,rory 1055 South Grady Way 1- C E► V E D Renton,WA 98055 O" rc >Qp2 BUILDING DIVISION RE: Submittal of Final Plat Mylars for Heritage Renton Hill City of Renton File No.LUA 02-085FP Our Job No. 7797 �I Dear Arneta: Enclosed are the following documents for your final review and approval for the Heritage Renton Hill plat. 1. Two original mylar sets of the final plat maps. Both sets have been signed by the professional land surveyor and owner. 2. One copy of an updated plat certificate dated October 24, 2002, eliminating the adverse possession claim from the River Ridge development. 3. Revised lot closures for Lots 30, 31,and 32. 4. One copy of the Adverse Possession Release. 5. One set of 8 1/2 by 11-inch PMT reductions of the final plat map. We attended the Public Works Committee meeting on October 23,2002,and this project was approved to provide performance surety for the final pavement overlay, sidewalks, and roadway monuments. We are still on track for the November 2, 2002, City Council meeting to approve the final plat. The as-builts for the road and utilities will be provided to you the following Tuesday, November 5, 2002, and a certification that monuments will be installed will be provided by that time, along with the performance surety. In order to get the release of the adverse possession claim from the River Ridge Homeowners' Association, we had to make a few minor changes to the final plat maps. These changes are described as follows: 1. On Sheet 3, a 40-foot by 15-foot landscape and monument easement was added in the northwest corner of Tract A for the River Ridge Homeowners' Association to install and maintain entry monument signage, landscaping, and irrigation. Plat Note No. 11 was added to Sheet 1 for this easement conveyance. 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com Ameta Henninger City of Renton -2- October 24, 2002 2. On Sheet 4, a 20-foot-wide access easement was added along the south margin of Lot 30 to provide ingress and egress to Tax Parcel No. 202305-9058. Plat Note No. 12 was added to Sheet 1 for this easement conveyance. 3. In order to provide the 20-foot access easement, the width of Lot 30 was increased to 70 feet (an increase of 10 feet in width), and the width of Lot 32 was decreased by 10 feet. Sheet 4 shows the minor lot line changes that were made to Lots 30, 31, and 32 to accommodate the 20-foot-wide access easement. 4. On Sheet 1, Plat Note No. 13 was modified to eliminate Item B, which was the adverse possession claim, since that claim has been released. Please proceed to review this information, and schedule the plat for the November 2, 2002, City Council meeting for approval. If you have any questions or need additional information, please do not hesitate to contact me at this office. Thank you. Respectfully, �Zh/ }Ptia Robert J. Armstrong,P.E. Vice President RJA/kn 7797C.020 enc: As Noted cc: Bill Sherman,Wm. Sherman&Co.,Inc. (w/1 copy final plat) Fred Herber,Bennett Homes(w/1 copy final plat) Joanne Knapp,Barghausen Consulting Engineers,Inc. Kimberly Mason,BarghausenConsulting g Engineers,Inc. Ben H.Eldridge,Barghausen Consulting Engineers,Inc. J. 10 10: AX BARGHAUSEN BARGHAUSxN suxyr �iuutiuut 1V�/24/2002�� cuuc lu;10u4 F rna Y5J425 a712518782 FIRST AMERICAN UNIT 1 q)ool SURVEY 5K AsiB$I 4+ � FILE First American Title Insurance Company (252)471-1224 ► 3$66 SOUTH 74471 S MEET • TACOMA, WASHINGTON 98408 1ST SUPPLEMENTAL TO FOURTH SUBDIVISION GUARANTEE OUR ORDER NO__ P859229 LOAN NO.; NONE ESCROW NO.: PURCHASER/BORROWER: HERITAGE ARNOLD CC: ATTN: KIM13ERLY BARGHAUSBN ENGINEERS 18215 72ND AVENUE SOUTH RENT, WA 98030 [X] THE FOLLOWING INFORMATION AFFECTS ME TITLE TO 111E PROPERTY COVERED BY OUR PREI,TM]NARY REPORT, BUT IS NOT INTENDED TO REPRESENT A COMPLETE REPORT TO DATE: IX] PARAGRAPH NO(S)_ 5 OF OUR PRELIMINARY REPORT HAS/HAVE BEEN ELIMINATED. • FHR.ST AME_RICAN TITLE INSURANCE COMPANY DATED: October 24, 2002, AT 8;80 A.M. gY (--6?a,ievolec...... RANDY HUDSON UNIT 1 RFH . Project:7797 Thu October 24 12:21:09 2002 HERITAGE RENTON HILL REVISED LOTS 30-32 Parcel name: LOT 30 North: 175737.4334 East: 1304149.5373 Line Course: N 44-49-39 E Length:39.98 North: 175765.7885 East: 1304177.7222 Line Course: S 88-16-15 E Length:85.68 North: 175763.2031 East: 1304263.3632 Line Course: S 01-43-45 W Length:70.00 North: 175693.2350 East: 1304261.2509 Line Course: N 88-16-15 W Length:95.45 North: 175696.1152 East: 1304165.8444 Curve Length:45.08 Radius: 76.00 Delta:33-59-04 Tangent:23.22 Chord:44.42 Course: N 21-31-55 W Course In:S 85-27-37 W Course Out: N 51-28-33 E RP North: 175690.0998 East: 1304090.0828 End North: 175737.4360 East: 1304149.5411 Perimeter:336.19 Area:7,055 sq.ft.0.16 acres Mapcheck Closure-(Uses listed courses,radii,and deltas) Error Closure:0.0046 Course: N 55-40-42 E Error North:0.00258 East:0.00378 Precision 1:73,084.78 Parcel name:LOT 31 North: 175751.3067 East: 1304135.1279 Line Course: N 44-49-39 E Length: 18.36 North: 175764.3282 East: 1304148.0712 Line Course: N 00-03-23 E Length:62.38 North: 175826.7082 East: 1304148.1326 Line Course:S 88-16-15 E Length: 117.09 North: 175823.1750 East: 1304265.1693 Line Course:S 01-43-45 W Length:60.00 North: 175763.2023 East: 1304263.3588 Line Course:N 88-16-15 W Length:85.68 North: 175765.7877 East: 1304177.7178 Line Course:S 44-49-39 W Length:39.98 North: 175737.4326 East: 1304149.5329 Curve Length:20.06 Radius: 76.00 Delta: 15-07-25 Tangent: 10.09 Chord:20.00 Course: N 46-05-09 W Course In:S 51-28-33 W Course Out: N 36-21-08 E RP North: 175690.0964 East: 1304090.0747 End North: 175751.3059 East: 1304135.1235 Perimeter:403.55 Area: 7,582 sq.ft.0.17 acres Mapcheck Closure-(Uses listed courses,radii,and deltas) Error Closure:0.0045 Course:S 79-49-32 W Error North:-0.00079 East:-0.00442 Precision 1:89,677.78 Parcel name: LOT 32 North: 175876.0407 East: 1304148.1829 Line Course:S 89-56-36 E Length: 118.58 North: 175875.9235 East: 1304266.7628 Line Course: S 01-43-45 W Length:52.77 North: 175823.1775 East: 1304265.1705 Line Course: N 88-16-15 W Length: 117.09 North: 175826.7107 East: 1304148.1338 Line Course: N 00-03-23 E Length:49.33 North: 175876.0407 East: 1304148.1824 Perimeter:337.79 Area:6,015 sq.ft.0.14 acres Mapcheck Closure-(Uses listed courses,radii,and deltas) Error Closure:0.0005 Course:S 82-08-10 W Error North:-0.00007 East:-0.00053 Precision 1:675,540.00 Uct-23-02 o8: 42A Bennett Corp 4257096553 P . 01 __ __ — ' E'c)/EV� I OCT p`- , ' ':�.- e(J/t 0j ?402 . .,....:. -,, `,"� ',,,'`, NG Div _�1! /S/pN FAX TRANSMITTAL To: Ar From: 4, --izeg , Fax: 42 4 30 7 c)c) Pages: Phone: Date: 10 fZ 'fC) Z Re: 74-11Se-- Q12 oL) CC: ❑Urgent ❑ For Review 0 Please Comment ❑ Please Reply 0 Please Recycle • Comments: Bennett Development 9 LAKE BELLEVUE DRIVE, SUITE 100-A BELLEVUE,WA 98005 (425) 709-6559 PHONE (425)709-6553 FAX Oct-23-02 08: 42A Bennett Corp 4257096553 P . 02 kw :o, vc tea-li rn� yc�ov��a G� f1KJ1 A61GK11,A1� I�OO� u ril a k-AT; AFMRJR,EcOMNTG MAGI,To_ N " J.1.OFMr� JT ci /Suur r ` scte)i Document Title(s):rer us ssei..as contained flu:min) L • gC�-1/s P�YZE.55I orJ FirstAnsericmt T�11t Z 17L.swattce Compccay 3.. 4. ti- -1-1` S..z 6 Reference Namber(s)of Documents azsigned or released: d?-6 d d Additionral inornbms on page of docto ey t: Olgli 1part f r riok`cstp.cy O°lr/ qt# Gr ntor(s): mAc Euzrt.atm am Karoo aad ,.-14 L Ma 15,LDU ISEINKFFSY 12FL00.D1)+0 cva.Y... 3 173vf�,2 y �, u�f1' FOR VALIDITY 3. - .�. I1*ACY ASSUMED•Y Al Cto 4_ -t.1 MI/RANCE- c2 S. Q Additional mums on pagt of document 0 Grantee(p)' gave rust.mrn rr,si num and;siaut) •-� L r 4TA« Ati IsIct.o. c 2. 3. 4. cklt S. a Addiuoual n s les an page of document Abbrrvialed Let al Descriptor'its follows:(La loVbtoet/gyu or secyoartoo PhaDgdousrtee/qusr nr) r1-1AT- Forrjor4 OF m-i P]aen4 EST- CvO4G?- - /481E1V{ t oukei c3 --T-4a czu0. ^ z op S ta1 ZD,ToW0-St-I I P z3 Ndt i}i( QANY IS 5 ab -r, W,F4. IN C.0001-Ne W�54.1.1 iorf CI Complete tees./deem mum is on page of docoatenl Assessor's Property Tax Parcel/AcRvsni Namber(c): -07.305 —Gll0 NOTE: The YrdrmrJreanldo will me,anew,irgra+niche oA J.eJorna. The;kelvin'.or.cad th cImem ao Mtryy r*e arrur•r7'�r eorlre+•rss of rn4 lAtle nr it rwrit0r o u pro+t4 d Mara Oct ,-23-02 08: 43A Bennett Corp 4257096553 P . 03 _ - yc000tro��� 1K5l aMFRICAN �OOJ j y - ��AYZ LE - ocz RIVER RIDGE ESTATES HOME OWNERS ASSOCIATION October 14, 2002 Heritage Arnold Associates, LLC 9 Lake$ellevue Way Suite 1 O0A Bellevue, WA, 98055-2454 d4 71 Attn: Todd Bennett o - Dear Mr.Bennett; We are pleased that a landscape ''� Association was added to the eritaeasg8e aril to the River Ridge Homed Renton Hill final plat hers change for this easement we release all claims of adverse 44 entrance area of your plat �ePossessiolt to the incerely, Louis Malesis Vice President River Ridge Estates I=I.O.A. 1718 SE 7th Court Renton, WA.981)55 cc Neil Watts WAIVER AND HOLD HARMLESS AGREEMENT This Waiver and Hold Harmless Agreement is entered into this Z / day of /0 ,2002,by Heritage Arnold Associates,LLC and the City of Renton. WHEREAS,Heritage Arnold Associates,LLC,a Washington Limited Liability Company(hereinafter referred to as "developer") and the original developer and owner of certain real property(see attached Legal Description) subject to a subdivision project known as the Heritage Renton Hill,which is a 10.35 acre tract located at S.E. 7th Court and Beacon Way S.E.,Renton,WA,(hereinafter referred to as the"Project"). This Project has received preliminary plat approval subject to conditions listed in the Hearing Examiner Decision under City of Renton File Nos.LUA00-149, AAD and LUA00-053,PP,ECF,and WHEREAS, the Hearing Examiner Decision approving the preliminary plat provides that the developer may improve the Heritage Renton Hill property with 50 single-family lots,and WHEREAS,condition NO. 6 of the Hearing Examiner Decision also requires the developer and the City of Renton to execute a "hold harmless agreement" that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. NOW,THEREFORE,Heritage Arnold Associates,LLC,hereby agrees and stipulates as follows: 1. Heritage Arnold Associates, LLC, it's heirs, successors, grantees and assigns, agrees to indemnify, defend,and hold the City of Renton harmless from any damages,actions or other costs,including attorneys fees and costs,arising from claims by third parties against the City of Renton or its officers,employees or agents,as relates in any manner to or from any damage resulting from subsidence that may occur due to previous subsurface mining activities, for lots within the boundaries of the subject plat, and pursuant to this Agreement. This agreement shall run with the land. HERITAGE ARNOL SSOCIA ES,LLC CITY OF RENTON >9 By: / /d Di BY: /7 3///°/M' ilA ail-i-ortv6-,h /1-0/116-/ /�/ Its: nQ Ne#211 4 / /M 1 1O 17f l0/a2. Atn PCr 1.41)( 'Tv // ., A a\ LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'56'36" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.64 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01'43'45" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.51 FEET; THENCE SOUTH 71'06'04" WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44'19'40" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1,148.18 FEET TO A POINT ON THE WESTERLY UNITS OF SAID SUBDIVISION; THENCE NORTH 01'45'37" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.20 FEET TO THE TRUE POINT OF BEGINNING, IN KING COUNTY, WASHINGTON. ,I . 11y CIT. OF RENTON N LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren fI RECEIVED MEMORANDUM SEP 18 2002 BUILDING D!V!gl�N To: Arneta Henninger From: Lawrence J. Warren, City Attorney Date: September 16, 2002 Subject: Declaration of Covenants, Conditions, Restrictions, Easements and Reservations Heritage Renton Hill Final Plat LUA 02-085FP The covenants, conditions, etc. for this plat are approved legal form. Lawrence J. W rren LJW:tmj cc: Jay Covington Kayren Kittrick Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON AHEAD OF THE CURVE _ This paper contains 50%recycled material,30%post consumer �i 1' • DEVELOPMENT PLANNING >N.,4IPVG CITY OF RENTON RESPONSES TO HEARING EXAMINER'S CONDITIONS Heritage Renton Hill Plat J U L 1 6 [ i?For Final Plat Submittal REL, ,M i;ED City of Renton File Nos.LUA00-053 RECEIVED The following outline summarizes the Hearing Examiner's conditions for the preliminary plat approval in italics, followed by a narrative response explaining how the Hearing Examiner's conditions have been met for this project. 1. The plat should be reduced from 57 to 50 single family lots with a density of 6.02 dwelling units per acre. This falls within the permissible range of 5 to 8 dwelling units per acre. Response: This condition was satisfied during the engineering plan approval process. The final layout has been prepared for 50 lots. The final plat layout is nearly identical to the preliminary plat map except for the reduction in lot count and the elimination of some landscape tracts. 2. The applicant shall comply with the conditions imposed by the ERC. Response: Completed. See separate responses to ERC conditions. 3. The plat shall contain language acceptable to the City Attorney regarding the recreational and open space respectively and precluding development of them. Response: See Note 3 on Sheet 1 of the final plat. 4. All landscape tract areas,with the exception of the 5,402 sf tract located at the development entry, the 3,042 sf private "park", and the landscape area abutting the stormwater tract, shall be incorporated into lots already proposed within the plat. No additional building lots are to be created. A revised plan shall be submitted to the Development Services Division prior to receiving construction permits. Response: Completed. The final plat layout is nearly identical to the preliminary plat map except for the reduction to 50 lots and eliminating the landscape tract areas described by this condition. 5. Commonly held open space areas shall be enhanced,prior to occupancy,with landscaping including mixed deciduous and evergreen trees and plantings of native shrubs and groundcover. The applicant shall submit a landscape plan to the Development Services Department for approval. Response: Acknowledged as final plat item. The landscape plans will be completed for approval prior to final plat approval. 6. A Hold Harmless Agreement shall be recorded that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. Response:A Hold Harmless Agreement has been prepared for City review. 7. The applicant will have to secure in writing permission to use the Seattle pipeline road for emergency access. 7797.022 • Response: It is our understanding that the agreement has been written by the City of Seattle and is currently on file with the City of Renton awaiting approval by the Mayor. A copy of the agreement will be provided to you when we receive it. 8. The homeowners would be required to maintain the open space tracts at the entrance and the park area. Response: Maintenance by the homeowners' association of the open space tracts at the entrance and the park area has been provided for in the homeowners' association documents. 7797.022 • RESPONSES TO MDNS ADVISORY NOTES Heritage Renton Hill Plat For Final Plat Submittal City of Renton File Nos.LUA00-053 The following outline summarizes the MDNS Advisory Notes in italics, followed by a narrative response explaining how the Advisory Notes have been addressed for this project. Plan Review-Sanitary Sewer 1. There is an existing 8"sewer main in SE 7th Court,adjacent to the north side of the proposed plat. The new project can be served by extending an 8"sewer main from this existing main through the proposed subdivision. Response: This condition was satisfied by engineering plan approval. 2. The conceptual sanitary sewer main shown on the drawing submitted for the formal application appears to be in order. Response: This condition was satisfied by engineering plan approval. 3. A sewer cleanout will need to be located five feet out from buildings. Response: Acknowledged as a building permit item. 4. Separate side sewers will be required for each parcel(no dual sewers). Side sewer lines must have a 2 percent slope. Response: This condition was satisfied by engineering plan approval. 5. All utility plans must comply with the City of Renton Drafting Standards. Response: This condition was satisfied by engineering plan approval. 6. Show finished,floor elevations on the sewer construction plan sheet. Response: This condition was satisfied by engineering plan approval. 7. The vertical profile of the sewer main will be required. Response: This condition was satisfied by engineering plan approval. 8. The project is located in Aquifer Protection Area Zone 2. Response: This condition was satisfied by engineering plan approval. 9. Any new sewer mains are to be separated from water lines by a minimum of 10 feet. There is a 7.5 foot minimum separation from other utilities. 7797.022 r , • 10. Sewer Development Charges of$585.00 per single family residence will be required for this plat. The fee for this project would be $16,380.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Response: This condition was satisfied by engineering plan approval. Plan Review-Water 1. There is an existing 6"water main in Jones Avenue S, an 8"water main in SE 7th Court, and an 8"water main stub to the north boundary of this parcel. Response: Acknowledged. 2. The proposed project is located in the 490 foot water pressure zone. Static water pressure will range from approximately 40 psi at elevation 395 feet to 55 psi at elevation 360 feet. Response: This condition was satisfied by engineering plan approval. 3. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM fire flow and shall be located within 300 feet of the structure. This distance is measured along a travel route. Additional fire hydrants will be required as part of this project to meet this criteria. Response: This condition was satisfied by engineering plan approval. • 4. The water main must be a looped system with two separate feeds. The conceptual utility plan needs to be modified to show the second feed to the existing 6"water main in Jones Avenue S. Response: This condition was satisfied by engineering plan approval. 5. Installation of 8"water mains in the interior streets of the plat to serve the domestic water meters and fire hydrants are required. Response: This condition was satisfied by engineering plan approval. 6. Connection to the 8"stub along the north property line is required(see plan W-2038). Response: This condition was satisfied by engineering plan approval. 7. Connection to the existing 6"water main in Jones Avenue S is required(see plan W-1156). The water conceptual utility plan shall be revised to show this connection. Response: This condition was satisfied by engineering plan approval. 8. Water System Development charges of$850.00 per new single family lot will be required for this. The charge for this plan would be $48,450.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. 7797.022 • Response: This condition was satisfied by engineering plan approval. Plan Review -Stormwater Drainage 1. A conceptual drainage plan and drainage report was submitted with the preliminary plat application for this project and appears to be in order. Response: Acknowledged. 2. Drawings submitted to the City of Renton are to be on 22 inch x 34 inch sheets. The information pertaining to the City of Renton should be removed from the title block of the sheets submitted. Response: This condition was satisfied by engineering plan approval. 3. Before any construction or development activity occurs, a pre-construction meeting must be held with the City of Renton Development Services Division, Construction Services(425-277-5570). Response: This condition was satisfied by engineering plan approval. 4. The City of Renton retains the right to restrict the timing of land clearing and tree cutting activities to specific dates and/or seasons when such restrictions may be necessary for the public health, safety,and welfare, or for the protection of the environment. Response: Acknowledged as a construction item. The tree clearing has already been completed. 5. Surface Water System Development charges of$385 per new single family lot will be required for this plat. The fee for this project would be$21,945.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Response: This condition was satisfied by engineering plan approval. Plan Review-Transportation and Street Improvements 1. All electrical and communication facilities to be underground behind the sidewalk. If right-of-way space is not available, then in a utility easement. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. Response: Acknowledged as a building construction item. 2. Streets over 700 feet in length are required to have two means of access. Response: This condition was satisfied by engineering plan approval. Tract C provides the second access. 7797.022 • 3. Street lighting is required to meet City standards. Minimum lighting level is 6:1 uniformity ratio and 0.2 foot candle level. The street lighting conduit to be located under the sidewalk. Response: This condition was satisfied by engineering plan approval. 4. The minimum right-of-way width is 42 feet(modified from street standard width of 50 feet). Response: This condition was satisfied by engineering plan approval. 5. The cul-de-sac is required to have a minimum pavement radius of 45 feet and right-of-way radius of 55 feet. Response: This condition was satisfied by engineering plan approval. 6. A 5 foot sidewalk at the curb is required. Response: This condition was satisfied by engineering plan approval. 7. Payment of a Transportation Mitigation fee of$75 per new average weekday trip, estimated at 9.55 new trips per single family lot, will be required prior to recording of the plat. It has been estimated that this 57 lot plat would result in approximately 544.35 additional average(weekday)trips. The Transportation Mitigation Fee would be$40,826.25. Response: Acknowledged as a fee to be paid prior to final plat recording. Plan Review-General 1. All required utility, drainage, and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. Response: This condition was satisfied by engineering plan approval. 2. The construction permit application(s) must include an itemized cost estimate for these improvements. Response: This condition was satisfied by engineering plan approval. 3. The fee for review and inspection of these improvements is 5 percent of the first$100,000 of the estimated construction costs;4 percent of anything over$100,000, but less than $200,000, and 3 percent of anything over$200,000. Half of this fee must be paid upon application for construction permits(preliminary plat improvements),and the remainder when the construction permit is issued. There may be additional fees for water service related expenses. Response: This condition was satisfied by engineering plan approval. 7797.022 4. An easement that meets City standards for ingress, egress, and utilities shall be provided by the applicant to the property abutting the east property boundary at a point within 200 feet of the northeast property corner of the proposed plat. Response: Satisfied by providing a 15-foot utility easement on Lots 29 and 30. It was decided by Elizabeth Higgins that the easement did not have to provide ingress and egress. (See e-mail dated February 4,2002.) Parks Department Review 1. Payment of a Parks Mitigation fee of$530.76 for each new single family lot will be required prior to recording of the plat. The Parks fee will be$30,253.32. Response: Acknowledged as a fee to be paid prior to final plat recording. Building Department Review 1. Demolition permits will be required. Response: Not applicable. There was nothing to demolish on site, and the site has already been cleared per engineering approvals. Fire Prevention Department Review 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. Response: This condition was satisfied by engineering plan approval. 2. Provide a 20 foot paved secondary emergency access from the cul-de-sac within the development to the Seattle Public Utilities Cedar River Pipeline Easement(Beacon Way SE). This would be an emergency access only and can be gated or chained. Response: This condition was satisfied by engineering plan approval. Tract C provides the emergency access. See Plat Note 4 on Sheet 2 of the final plat. 3. All building addresses shall be visible from a public street. Response: Acknowledged as a construction item. 4. A Fire Mitigation fee of$488 is required for all new single family lots. Payment is required prior to recording of the plat. The Fire Mitigation fee for the proposed project would be$27,816.00. Response: Acknowledged as a fee to be paid prior to final plat recording. 7797.022 • Property Services Department Review 1. Comments will be provided under separate cover. Response: Acknowledged. Development Services Department Review 1. The site is designated Residential Single Family in the Comprehensive Plan. Response: Acknowledged. 2. The property is zoned Residential 8(R-8). Response: Acknowledged. 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre(du/a)minimum and 8.0 du/a maximum. Response: Acknowledged. 4. Minimum lot size in the R-8 Zone is 4500 sf, with minimum width of 50 for interior lots and 60 for corner lots. The minimum permitted lot depth is 65 feet. Lot dimensions must be shown on the final site plan demonstrating that all lots meet these minimums. Response: Lot dimensions are provided on Sheets 3 and 4 of the final plat. 5. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. Response: Acknowledged as a residential building permit item. 6. Required setbacks in the R-8 Zone are 15 feet for houses and 20 feet for attached garages which access from the front when houses front streets created after September 1, 1995, 20 foot rear yard setbacks; 5 foot side yard setbacks for interior lots and 15 feet sideyard setbacks for corner lots. All setbacks are minimums. Setback dimensions should be shown on the construction drawings,but setback lines must be removed prior to recording the final plat. Response: Acknowledged as a residential building permit item. Setback lines are shown on the engineering plans but not on the final plat. 7. The maximum building coverage in the R-8 Zone is 35 percent for lots over 5,000 sf or 50 percent for lots 5,000 sf or less. Response: Acknowledged as a residential building permit item. 7797.022 . 8. Dead end streets cannot exceed 700 feet in length, measured from the edge of the connecting street to the end of the cul-de-sac. Response: Satisfied by providing Tract C,emergency access tract. 9. Retaining walls in excess of four (4)feet require engineered drawings and a separate building permit. Response: Satisfied by obtaining the building permit for rockery. 10. Construction easements obtained from abutting property owners may be necessary prior to construction of retaining walls on or near property lines. These agreements must include protection measures for(or permission to potentially damage or remove)trees located on abutting properties within 20 feet of the property line. Response: None were required. 11. The applicant shall draft and record a maintenance agreement or establish a Homeowners' Association for the maintenance of all common improvements(access and utility easements, rights- of-way, and stormwater facilities). A draft of the document shall be submitted to the City of Renton for review and approval by the City Attorney prior to the recording of the preliminary plat. Response: Enclosed with this submittal. 12. Performance Standards for Land Development Permits (RMC 4-4-130K), including "Protection Measures During Construction" (RMC 4-4-130K7) relating to trees, shall be followed by the applicant. The applicant shall adhere to the definition of"tree"as found in RMC 4-11-200, "drip line"as found in RMC 4-11-040, and the measurement of trees as found in RMC 4-11-030. Response: This condition was satisfied by engineering plan approval. 13. The Washington State Department of Natural Resources may require a Forest Practices Permit for the conversion of timber land to another use. Response: A forest practices permit was obtained, and a copy is included in this submittal package. 14. The applicant should contact Paul Alexander of the King County Department of Transportation, Metro Transportation, Metro Transit Route Facilities at 206-684-1599, regarding Metro's requirements for potential transit service in the area (no service is currently available to Renton Hill). Response: Completed. A copy of Metro's response is included in this submittal package. 7797.022 I ". CITI JF RENTON ;;LL City Clerk Bonnie I.Walton Jesse Tanner,Mayor October 30, 2002 Robert J. Armstrong,P.E. Barghausen Consulting Engineers, Inc. 18215 72nd Avenue S. Kent, WA 98032 Re: Heritage Renton Hill Final Plat; File No. LUA-02-085, FP Dear Mr. Armstrong: At the regular Council meeting of October 28, 2002, the Renton City Council approved the referenced final plat by adopting Resolution No. 3593. A copy of the resolution is enclosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, 66114UZ4 Bonnie I. Walton City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Arneta Henninger,Development Services Division Heritage Arnold Assoc.,Attn: Bill Sherman,2100- 124th Ave.NE,Ste 112,Bellevue,WA 98005 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 5 9 3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HERITAGE RENTON HILL; FILE NO. LUA-02-085, FP) 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 heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed 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 and schoolgrounds and all other relevant facts, including 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 such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 HERITAGE HILL PLAT .0- EXHIBIT A LEGAL DESCRIPTION CL J Q Q ff CC = Zmco 0O Xp � W w Cr CC i; W co = ii 0 LEGAL DESCRIPTION: ~z 2 o li THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE $ E- 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: 1.1 COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT a z t� a0 BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'56'37" EAST o < m cn ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 0 2g w FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH N Q a 01'43'38" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A " ;N N DISTANCE OF 818.33 FEET; THENCE SOUTH 71'05'12" WEST A DISTANCE S' OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY - i a OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44" ^ """ 20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148.20 < $ ON,s FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE d NORTH 01'46'20" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF .o °.A.-, :_ 33.14 FEET TO THE TRUE POINT OF BEGINNING. N = i►" Z • W GpN T- z C ° ,— File: P:\07000s\7797\exhibit\7797—x7.dwg Date/Time: 10/14/2002 09:34 Scale: 1=50 beldridge Xrefs: _ - -- - _ _ HERITAGE HILL PLAT F- EXHIBIT B g a OVERALL PLAT MAP NTS J U ~ = m � p x °'w h.JYL-\ RIDGE 3 4Vo . 5i6 3 ,a \h:.O,, _,(v ; \. \ ___,_.. S89 56'36'E 929.64' N89'S6'37"W 929.64'(ROS \ - - w 1 38 36 32 c= O m mmXII 1.1... P: 30 . •0 � 1. I IA I.I A TTrn ! z v . Ma �•, D 39 40 �I I. i.n I I Li../ IND0 0 jt•:44 50 49 48 li n 27 5 Z o �� . © ' E TFf-3TREE 26 _ /\r- t 2 <T 1gi `� 4" n 6 8 9 101 25 _//NiLc n3NN -1 L i "� 24 r ^ Li N N -' Y vv` C> 'o Atul o" 18 Pe 6 Fa \\J z °' ° r File: P:\07000s\7797\exhibit\7797—x7.dwg Date/Time: 10/14/2002 09:34 Scale: 1=50 beldridge Xrefs: . October 28,2002 Renton City Council Minutes Page 416 Responding to Councilman Persson's inquiry,Mayor Tanner confirmed that King County will pay Renton a fee to hold a King County prisoner in Renton's jail,as Renton pays King County a fee to hold a Renton prisoner in King County's jail. *MOTION CARRIED. (See later this page for resolutions.) Police: Civil Infraction Fines Public Safety Committee Chair Clawson presented a report regarding fines and &Penalties penalties for civil infractions. The Committee reviewed the Renton Municipal Court bail schedule and found that fines have been at present levels for ten years. To make fines and penalties comparable to those in surrounding cities, the Committee recommended an increase in penalties as follows: • Overtime parking from$10 to$20. • Parking on the wrong side of the street,on sidewalks,blocking driveways, etc. from$15 to$25. • All preview violations within Gene Coulon Memorial Beach Park from $25 to$35. • Additional penalty for failure to respond to violation from$10 to$15. MOVED BY CLAWSON,SECONDED BY PARKER,COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED TO STRIKE THE WORD PREVIOUS FROM THE THIRD BULLET. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3593 A resolution was read approving the Heritage Renton Hill Final Plat consisting Plat: Heritage Renton Hill, of approximately 10.39 acres located in the vicinity of SE 8th Pl. and Beacon Beacon Way SE(FP-02-085) Way SE(FP-02-085). MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3594 A resolution was read authorizing the Mayor and City Clerk to enter into the Police: Jail Services Contract, King County jail services agreement. MOVED BY CLAWSON,SECONDED King County BY BRIERE,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3595 A resolution was read authorizing the Mayor and City Clerk to enter into an Police: Jail Services Contract addendum to the interlocal agreement("long term jail contract")between Addendum, Yakima County, Yakima County and the cities of Algona,Auburn,Town of Beaux Arts Village, CAG-02-099 Bellevue,Black Diamond,Bothell,Burien, Carnation,Clyde Hill,Covington, Des Moines,Duvall,Federal Way,Issaquah, Kenmore,Kirkland,Lake Forest Park,Maple Valley,Medina,Mercer Island,Newcastle,Normandy Park,North Bend,Pacific,Redmond,Renton,Sammamish, SeaTac,Seattle, Shoreline, Skykomish,Snoqualmie,Tukwila,Woodinville, and the Town of Yarrow Point, Washington,for the housing of inmates by Yakima County Department of Corrections(CAG-02-099). MOVED BY CLAWSON, SECONDED BY CORMAN,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Responding to Councilman Clawson's inquiry regarding the Planning& Development Services: Fence Development Committee's field trip scheduled for October 30th to look at Height Regulations examples of different fence heights,Councilwoman Keolker-Wheeler confirmed that the Committee is currently reviewing the City's fence height regulations including those pertaining to driveways. (A public hearing on the matter was held on May 6, 2002.) October 28,2002 Renton City Council Minutes Page 415 Appeal: Hazen High School City Clerk reported appeal of Hearing Examiner's decision regarding the Parking Lot Landscaping,John proposed parking lot landscaping at Hazen High School, 1101 Hoquiam Ave. Smith(ECF-01-077) NE(ECF-01-077); appeal filed by John Smith on 10/08/2002, accompanied by required fee. Refer to Planning&Development Committee. Plat: Heritage Renton Hill, Development Services Division recommended approval, with conditions,of the Beacon Way SE(FP-0 )085 Heritage Renton Hill Final Plat; 50 single-family lots on 10.39 acres located in the vicinity of SE 8th Pl. and Beacon Way SE(FP-02-085). Council concur. (See page 416 for resolution.) Planning: Urban Center Economic Development,Neighborhoods and Strategic Planning Department Design Overlay Regulations, recommended approval of an amendment to Title IV of City Code regarding the Application to Small Multi- application of Urban Center Design Overlay Regulations to multi-family Family Projects projects of two to four dwelling units within the City's urban center. Refer to Planning&Development Committee and Planning Commission. Public Works: Engineering Planning/Building/Public Works Department requested authorization to convert Specialist III Conversion to an Engineering Specialist III position to a Civil Engineer III position. Refer to Civil Engineer III Finance Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Public Safety Committee Chair Clawson presented a report regarding the jail Public Safety Committee services contracts with Yakima County and King County. The King County Police: Jail Services Contracts, jail contract provides for fixed fees to the City of Renton for the use of the King Yakima County&King County jail for the next ten years. The jail rates have a fixed 5.8%escalator. County The contract also provides for the transfer of the Eastside Jail vacant seven-acre parcel to the municipal cities of King County for the purpose of new jail construction. The Yakima County jail contract addendum provides for the modification of a contract that was approved under Resolution#3571 on June 10,2002(CAG-02- 099). There were some language modifications that had to be completed after the contract was signed in order to accommodate the Yakima County construction schedule. There is also clarification and limitations in Yakima County's right to refuse inmates, and a change in the allocation of the daily rate (from$46.00 with a$10.00 medical reserve to $51.00 with a$5.00 medical reserve), which remains at$56.00 per day with a 5% annual escalator. The Committee recommended that the City Council authorize the Mayor and City Clerk to execute the King County jail contract and the Yakima County jail contract addendum. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Councilwoman Keolker-Wheeler's inquiry regarding the transfer of the vacant Eastside Jail property to King County municipal cities,Chief Administrative Officer Jay Covington explained that the parcel was originally purchased by King County to construct a third justice center. Now that King County is no longer going to build the facility, and since King County cities cannot house misdemeanant prisoners in the Kent Regional Justice Center jail, Mr. Covington stated that should the cities need to build a misdemeanant jail facility in King County,the land will remain available to the cities for that use. CI1 _ JF RENTON COUNCIL AGENDA L111 L AI/{: 6, a, Submitting Data: Planning/Building/Public Works For Agenda of: October 28, 2002 Dept/Div/Board.. Development Services Division Staff Contact Arneta Henninger X7298 Agenda Status Consent X Subject: Public Hearing.. HERITAGE RENTON HILL FINAL PLAT Correspondence.. File NO.: LUA 02-085FP (Preliminary Plat LUA 00- Ordinance 053) Resolution X Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and Recommendation dated Oct. 14, Information 2002 Recommended Action: Approvals: Council concur with staff recommendation and adopt Legal Dept X the resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 10.39 acres into 50 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions place on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Heritage Renton Hill Final Plat, LUA 02-085FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. \\DAEDALUS\SYS2\USERS\AHENNING\Projects\HERITAGEHILLAGNB.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HERITAGE RENTON HILL; FILE NO. LUA-02-085, FP) 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 heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning,/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed 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 and schoolgrounds and all other relevant facts, including 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 such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 HERITAGE HILL PLAT I— zz EXHIBIT A LEGAL DESCRIPTION CL -.IQ Q E J � EU 2 z °° a) (5O Xo WJ I W CC CC 6 w w oa; = J ,_ LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER1 ii OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE cn y 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT a z 5_ ! BEING THE TRUE POINT OF BEGINNING• THENCE SOUTH 89'56'37" EAST Z < M N N ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 u o ra N co gi I FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH t N °' T 01'43'38" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A ' ; 3 N N Et' DISTANCE OF 818.33 FEET; THENCE SOUTH 71'05 12 WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY co w * i' OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44' ^ le- ""' 20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148.20 a �N 3N,. FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE z J. S6� NORTH 01'46'20" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF o 33.14 FEET TO THE TRUE POINT OF BEGINNING. o - A Z N = i�.: w •w v .. 0 v1 ' la 1 o V u � c a.co`' r E c z' CD File: P:\07000s\7797\exhibit\7797—x7.dwg Date/Time: 10/14/2002 09:34 Scale: 1=50 beldridge Xrefs: HERITAGE HILL PLAT CL EXHIBIT B 3 a OVERALL PLAT MAP CL a U M Ivrs = 3 m .04 *Pk I\IVL_I\ I\IU\7L j YV::.. 5wv,�i\7..:. ..v V i ; �'• fY CC \\\ S89'56%361 929.64' N89'56'37111929.641RO% 5\\ W Li 1I TRACT A 38 37 36 35 34 33 32 c = O as 31 u. f' pLic i �y� p °° 40 4.E, 1 42 43 44 451� 30 viv�i i i�u it W 45,., 1 39 - 29 2 _ '','!i- - 28 '--- — Z o *.f� 50 49 48 47 46,i 27 �ds1;4 o <$ " ��rO#\__ 5.E- TH-STREET rr 26 'g'-/ ,, N Q'° i g 4 • ^ `� LLJ ^ 3NN n 6 7 [819 lio] ii 3 25_ a 24 —1 ,�,,� LL) €a ., ._ D ItTo eit 15 1413 12 z 23 "12_ ] z �N ' '",iiii s �-. 4 •AC y 22 p, , b� � t.:,. '�y 21 b4--_c) ( O i , , •A\ 16 20 1-.; �-I ,J ri _ `�' 1 �N 17 19 I-::.;—_ > E b�Vccos \vi- 18 .,,.,"\ \ ZQ) o h r File: P:\07000s\7797\exhibit\7797—x7.dwg Date/Time: 10/14/2002 09:34 Scale: 1=50 beldridge Xrefs: r • 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual(KCSWDM). This will be required during the construction of both off- site and on-site improvements was well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod Depending on site grades, it may • be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the most recent KCSWDM Temporary pipe systems can also be used to convey stormwater across the site. These measures will be required during the construction of both off-site and on-site improvements, as well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements, as well as building construction. Applicant installed the Temporary Erosion Control to the satisfaction of staff. 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of Record to the Public Works Inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. Applicant maintained the Temporary Erosion Control to the satisfaction of staff. 5. The applicant shall pay the applicable Transportation Mitigation Fee at the rate of$75.00 per each new average weekday trip attributable to the project, estimated to be 9.55 average weekday trips per new single family lot. The Transportation Mitigation Fee is due prior to the recording of the plat. The Traffic Mitigation fee will be paid prior to the recording of the plat. 6. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$488.00 per each new single family lot created by the proposed plat. The fee is due prior to the recording of the plat The Fire Mitigation Fee will be paid prior to the recording of the plat. 7. The applicant shall pay the Parks Mitigation Fee at the rate of$530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. The Parks Mitigation Fee will be paid prior to the recording of the plat. 2 HERITAGEHILLFP.DOC/ r 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: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 14TH DAY OF OCTOBER,2002 ,z,"/„.4 DEVELOPMENT SERVICES DIVISI 1 5 HERITAGEHILLFP DOC/ stb CITY F RENTON .,LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM RFTyof_ i/oN OOT 17 CD To: Arneta Henninger, PBPW Bo(r,, G 2002 viSiON From: Lawrence J. Warren, City Attorney Date: October 16, 2002 Subject: Resolution approving Heritage Renton Hill final plat I have enclosed a copy of the above-mentioned resolution. The original has been sent to the City Clerk. Lawrence J. arren LJW:ma. Enc. cc: Jay Covington Bonnie I. Walton Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 R E N T O N �� AHEAD OF THE CURVE y lo This paper contains 50%recycled material,30%post consumer ,d. CITY F RENTON ..IL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM R OF RENT°, To: Arneta Henninger c E l V E D From: Lawrence J. Warren, City Attorney OCT 1 7 2002 Date: October 16, 2002 BUlLoING piV/SiON Subject: Waiver and Hold Harmless Agreement Heritage Renton Hill Final Plat LUA 02-085FP The hold harmless should contain a legal description of the land, it should be binding on the heirs successors, grantees and assigns of the developer and it should run with the land. Lawrence . Warren LJW:tmj cc: Jay Covington Kayren Kittrick Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON AHEAD OF THE CURVE :: This paper contains 50%recycled material,30%post consumer Arneta Henninger-RE Landscape plans#1^"S Page 1 From: Elizabeth Higgins To: Eldridge, Ben; Henninger, Arneta Date: 10/11/02 11:51AM Subject: RE: Landscape plans#10516 Yes, the requirement from the Hearing Examiner was to submit plans. You did so. The next step is to install the landscaping. We will check to make sure it is installed. Thank you. Elizabeth Higgins, AICP, Senior Planner Strategic Planning Division- Economic Development Department Renton City Hall, Sixth Floor 1055 South Grady Way Renton Washington 98055 (t)425-430-6576 (f)425-430-7300 CC: Armstrong, Rob; Arthur, Robert; file@barghausen.com; Herber, Fred; Kittrick, Kayren -"'e :;* • AT 9Nov ................................................................. ..................................................................................................... .................................................n.......n................................................................:::: ..........:::::::::::::: }}}:{.iii}::•}i:•}}}:•iY.} ;C::{:;ry4}v: ::......:: f:::._::.:.: :..i:..:.:::: . :•..::::...:...:: i.i..:::i:':i:......:.y:...:....::.....::..........:...._::i ri:i}ti}:::�:}::}}:ti Yi:n.�{?r.::r':: ::{:yj;:j::.¢it;i;':?i:;i:;:?'<i}j:2:ii: _ ?j. .: T :: :::: . :. TION: FEE :< :>: rn :.:::: :T�A�N:SP:QRT�TI�11i.:..�Vi�TI.� .:..::..:.:..:........:.....................v..�...... ....:._:::::. :. Project Name A✓i»Id /i3ewnct T /u7/ Project Address 5 St 4 Be coo Oeui SE Contact Person ke Zelik1etL etiC/0/),,c4.7 Address of Luke. Ecl/eu Su'id /00 A , 8•e e? )0 Phone Number L125 - 70 11 - 6 5a'S Permit Number 1_.UA - 00 - 053 Project Description 56 pav`e ( s tt.ejle 11ILI Ili 5€Lic , u;c,c�f Land Use Type: Method of Calculation: Residential ITE Trip Generation Manual ❑ Retail 0 Traffic Study ❑ Non-retail 0 Other Calculation: /e-t ileoc.> aVevuy at4//ti Zr1)3 — (q.55 )(56 ) = 5 I• oicoki toy) fit $76 W) r •s5 (5 `17-1• 5 ( 4,75)( 3L ) — 1 35)S , 00 Transportation Mitigation Fee: 6�>> r1 . L' cil��� �� ✓I� Calculated by: a2 l Date: 5A/00 Account Number: • Date of Payment CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: September 27, 2002 TO: Bob Mac Onie Sonja Fesser,Technical Services FROM: Arneta Henninger, X7298 !\ SUBJECT: HERITAGE HILL FINAL PLAT LUA 02-085FP SE 8TH PL AND BEACON WAY SE 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: ►( /A 2 ov2. Name Title Date Robert T. Mac Onie, Jr. PLS Approval: c Ylillrn (9Abarleir 1 It1/4/0er Name Wtle Date 24 'pF oVAJ— I`Z2 SUtTpc-t' -t'o fcY\66.1._ a4 cc: Yellow File I- --KA L . I l • UU t� �- � ��✓ �s r J. oE 4) City of RI--`-v Department of Planning/Building/Public .rs ENVIRONMENTAL & G (ELOPMENT APPLICATi V REVIEW SHEET REVIEWING DEPARTMENT: V��OP � �V1 LQ',COMMENTS DUE: SEPTEMBER 2, 2002 APPLICATION NO: LUA-02-085, FP DATE CIRCULATED: AUGUST 20,2002 APPLICANT: Heritage Arnold Associates, LLC PROJECT MANAGER: ARNETA HENNINGER PROJECT TITLE: HERITAGE RENTON HILL FINAL PLAT WORK ORDER NO: 77015 LOCATION: SE 8t"Place and Beacon Way SE SITE AREA: NE 1/4 Section 20,23N,5E I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Subdivide into 50 single-family lots and install water,sewer, street,storm to serve lots. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet Kovv..� B. POLICY-RELATED COMMENTS • C. CODE-RELATED COMMENTS . r, ►--SrAts u fi� f(AL M 01 S �lrtr'evj Mot � A, 11�W vh��.d.c-�t- wi� �- I kVA .f'�c,�- S{-za t ( "Q.cu ka," aM a etc.45 .� (r4t4 ► -- o I -- cJ'- 'n n t-0u v 1 ,waW rat.+" 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 informatio is needed to properly assess this proposal. ignature of Director or Authoriz: j esentative Date Routing Rev 10/93 City of Re-'-- Department of Planning/Building/Public V ENVIRONMENTAL & D ELOPMENT APPLICATI I REVIEW SHEET REVIEWING DEPARTMENT: 10pQy �1 y`J ICP S COMMENTS DUE: SEPTEMBER 2, 2002 APPLICATION NO: LUA-02-085, FP DATE CIRCULATED: AUGUST 20, 2002 APPLICANT: Heritage Arnold Associates, LLC PROJECT MANAGER: ARNETA HENNIER rr,n�, PROJECT TITLE: HERITAGE RENTON HILL FINAL PLAT WORK ORDER NO: 77015 RECEIVE D LOCATION: SE 8th Place and Beacon Way SE AUG 10 2002 SITE AREA: NE 1/4 Section 20,23N,5E I BUILDING AREA(gross): N/A BU►LUING DIVISION SUMMARY OF PROPOSAL: Subdivide into 50 single-family lots and install water,sewer, street,storm to serve lots. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts Impacts Necessary impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoricJCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet RECEIVED AUG 2 0 2002 CITY OF RENTON UTILITY SYSTEMS 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 property assess this proposal. Signature of Director or Authorized Representative Date Routing Rev.10/93 City of Re---_-: Department of Planning/Building/Public l. ,...s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: .r' � , �e pYQJ, r1t1o(1 COMMENTS DUE: SEPTEMBER 2, 2002 APPLICATION NO: LUA-02-085, FP DATE CIRCULATED: AUGUST 20, 2002 APPLICANT: Heritage Arnold Associates, LLC PROJECT MANAGER: ARNETA HENNINGER PROJECT TITLE: HERITAGE RENTON HILL FINAL PLAT WORK ORDER NO: 77015 r LOCATION: SE 8th Place and Beacon Way SE AUG 2 0 2002 SITE AREA: NE Ya Section 20,23N,5E I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Subdivide into 50 single-family lots and install water, sewer,street,storm to serve lots. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet UI B. POLICY-RELATED COMMENTS // �V C. CODE-RELATED COMMENTS I9411'1‘64fleil We have revi wed this appli tion with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dditional info ion is needed to properly assess this proposal. (*a) 03 Signatur o irector or Au orized epresentative Date Routing Rev.10/93 •• `- CITY F RENTON '..IL , \, Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 20, 2002 Mr. Robert Armstrong Barghausen Consulting Engineers, Inc. 18215—72nd Avenue South Kent, WA 98032 SUBJECT: Heritage Renton Hill Final Plat Project No. LUA-02-085, FP Dear Mr. Amrstrong: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at (425) 430-7298, if you have any questions. Sincerely, b", ,zz, 16,,I.,.../..„,e2,- Arneta Henninger Engineering Specialist cc: Heritage Arnold Associates, LLC/Owners acceptance RENTON 1055 South Grady Way-Renton,Washington 98055 AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer tat V• CITY OF RENTON DEVELOPMENT SERVICES DIVISION LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) I I PROJECT INFORMATION NAME: Heritage Arnold Associates, LLC PROJECT OR DEVELOPMENT NAME: Attn: Bill Sherman Heritage Renton Hill Plat ADDRESS: 2100 - 124th Ave. N.E. , Suite 112 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Beacon Way S.E. & S.E. 7th Court CITY: Bellevue, WA ZIP: 98005 Renton, WA 98055 TELEPHONE NUMBER: (425) 641-3939 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 202305-9110 EXISTING LAND USE(S): Vacant NAME: PROPOSED LAND USE(S): 50-lot single-family COMPANY(if applicable): DEVELOPMENT P plat CITY OF RENTON EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: JUL 1 6 2002 R-SF PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIRECEIVED (if applicable): N/A TELEPHONE NUMBER EXISTING ZONING: R8 PROPOSED ZONING(if applicable): N/A CONTACT PERSON SITE AREA (in square feet): 450,848 sf NAME: Robert J. Armstrong, P.E. SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE(if applicable): 94,133 sf COMPANY(if applicable): Barghausen Consulting Engineers, Inc. ` 11� Ri jf PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ADDRESS: , ^� ACRE (if applicable): 7 units 18215 - 7 1v ektue.'-S, , Kent, WA 98032 � CITY: Kit:��AA10� NUMBER OF PROPOSED LOTS (if applicable): 50 -- ZIP: 98032 NUMBER OF NEW DWELLING UNITS(if applicable): 50 TELEPHONE NUMBER iNVit-MAIL ADDRESS: (425) 251-6222, armstrong@barghausen.cam masterap.doc Revised January 2002 7 717 EXHIBIT A LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THEH NORTHEORLY LIMITSLI OF ISAID SUBDIVIS SOUTH DIS ANCE"OF 929.67 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01'43'38" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.33 FEET; THENCE SOUTH 71'05'12" WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44' 20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148.20 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH 01'46'20" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.14 FEET TO THE TRUE POINT OF BEGINNING. �GHA VS CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES 4 ,,„, t�� July 16,2002 ysG ����►►�� y' COURIER DELIVERY 1- <r.' 'G ENGt1444r Laureen Nicolay City of Renton Development Services Division 1055 South Grady Way Renton,WA 98055 DEVELOPMEN-PLANNING RE: Submittal of Final Plat for Heritage Renton Hill CITY IF pENTON City of Renton File No.LUA00-053/Permit No.U020045 Our Job No.7797 JUL 1 6 2002 RECEIVED Dear Laureen: Enclosed are the following documents for processing of the final plat for the above-referenced project: 1. One copy of the postmaster's approval. 2. One original plus four copies of the completed Land Use Permit Master Application form. Signatures of all current property owners have been notarized. The legal description of the property is attached to the application as Exhibit A. 3. One check in the amount of$1,000 for the final plat submittal fee. 4. Four copies of the draft homeowners' association documents, including articles of incorporation and Covenants,Conditions,and Restrictions. 5. Three copies of the lot closure calculations. 6. Five copies of the neighborhood detail map. 7. Five copies of the final plat map. 8. Hearing examiner's report dated January 25,2001. 9. Five copies of responses to the hearing examiner's conditions and MDNS advisory notes. 10. One 8 1/2 by 11-inch PMT reduction of the neighborhood detail map and the final plat map. 11. Four copies of the current plat certificate,including referenced documents. 12. Copies of the monument cards will be provided after monuments are set. 13. One copy of the MDNS dated October 19,2000. 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com Laureen Nicolay City of Renton Development Services Division -2- July 16,2002 Please proceed to process the enclosed documents at your earliest convenience. If you have any questions or need additional information,please do not hesitate to contact me at this office. Thank you. Respectfully, 64„..21-), Robert J. Armstrong,P.E. Vice President RJA/kn 7797C.016 enc: As Noted cc: Bill Sherman,Wm. Sherman&Co.,Inc.(w/final plat map) Fred Herber,Bennett Development(w/final plat map) Ryan Fike,Bennett Development(w/final plat map) Ben H.Eldridge,Barghausen Consulting Engineers,Inc. c; CITY ( RENTON, `3 ' ,, Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Adminirtstrator October 19, 2000 OCT- 2 3 2000 • Mr. Ryan Fike Bennett Development '` • DEVE�.i;MEN7 PLANNING 9 Lake Bellevue.Drive,Suite 100-A C'`^��F�ENTON Bellevue, WA 98005 JUL 1 C 2 G2 SUBJECT: Heritage Renton Hill Project No.LUA-00-053,PP,ECI RECEIVED Dear Mr,Fike: This fetter.is writte• n.on behalf of the Envirori e• ,0tal1Rev�gw Committee (ERC) encl..s to advise you that they have completed their review Hof th u •tee `project r#te-ERC} on,October .1.7,,2000,.issued..a ithreshold Determination of Not1 SI 1ficar mi 1 -dted with ;Nil 1 a ion Measures: See the enclosed Mitigation.Measures'dociim n ". ; t- .,-< ' :. ;-e-; ;.''" • Appeals of the:environmental fermi�a ion must be:fled in i• o before 5 00,"PM•November.6, 2000. Appeals must be filed n .� o ether th th•e:re uire $7 0 a ticatton fee:with: Hearing , . g- 9 _ � Hq pp' • • Examiner,.City of Renton, :1 55 So GrIy. - = c WA` $055 peals to•the Examiner'are governed by.City of •Renton unicipal ,ode Secti; n,4-8='11 ' =iAdditional informa•tion regarding the ap• peal: process may be obtained from th rtt?e ton s r C er : coif ce (425)-30• 51D. •A Public:Hearing• will be,lief by.the Rento ,eanng miner t:.his•regular;.meeting in the',Council Chambers on the seventh flood of L'�t HaIl o•n November,; •, 2000 at 9 00='AM to.consider the-proposed Preliminary Plat..: The applicant`�or representative(s).of the applicant is_required to be present at the public 'hearing. A•copy of the staff re•port willbe mailed to you one week before a hearing. If the Environmental Determination is appealed,the ap eal W f` a iea d.as. art"`fthis put - earin :,, -The,preceding Info nlation pill iaassist: la ni- fp a .1 am 1 :'ofi • ',`p. _ P _ of pi..J .t and enat3l yotr to z`:exercise ur a eal ri hts morre'sfu I yo ; ya . pR 9 .. se- o o, 0 1f`=t u•have•an ue t" 's:•or.,desire,;,-..„. .-clarifi t Y< Yb Y' q` , e ca ion of the above;`please call; tie at'42 3 738 ;' For the Environmental•ReviewCommittee x Y '/ Jam"! - ✓i �- 'u :.C,;• {, 1 :l r" '� t %3 I •.' +C.�`t� r } r 1e �' •• �`p"• ;1 �I c fi iabetti Higgins,AICP ,, ,.. 1' Senior Planner. a kr cc Renton School District#403/Owners a-��'� y t: r ,, L w �Parties:.of.Record •;;._x -; a ; Enclosure :� ::. : , •'ii,. 1 K +t ".�. i':,.".i. .%v, t :?:,, •l-� rE z-kii.::.,.i.z4- 'r+'4�"l. ., 4 y c �f y�'�•' 1 qF'i _x- a r}�y-F �r` ./F,� .f� .�s r r w..i' rr Si7.. a "�z<"`.r n I a ,M..k 3s, _ `..? ?.;4 A :il .'4��,• ,'' a sf, >(K.`.•I-ii ,( +'" -'s' 2's jg j #�r��t :y ' L-m.-.`.•.✓'s„' 'h-i: • -tl 't ^ iZ�::Rf .y{ ki � 'fit.' �_-•..j,'`�9y��^c aq�J•! y, .Y �;r��s�'C,��2 �ft'�� F '-�'r�.i:a'..�'�'�b,fY.?� � t'� �.�'•C�....a+ + �i'. ��,.t� = -.5r s,�'�.� .�. • �yr5,, i r ?. - . ' f o f r..,,Ael i,' ,'`H; L• tis f]T": • } �w��4;��`iMe'?.�vri�'^ Y..ry � Y��• ;ef,�e�. � 'C,,r s� •at <y s c -. rt;:3.,:n ° -ter .-Fi j.::'-r�..i .. '.r 4*�t+ ^'F1't�.i;. 1 Sf .�,.t�.,7,,,5 'Cl't� .iL S-"�•• �;-�` a�Ir r... �b r lar ?ve1,'`:.�•''�% � r-. F .s �$. "s .. jt:t i� . Z:.•�rl !1 _ .SST �. ' '�l�--..':tif `i- _ �. L4T...n y Rf 4� (',, 7; r -r_"•y YSy�c',+r„� ::."-y•nG F. }t x� ;,r.ni=:;��'. 'y;5}w y-r .`:f y;t;'r at":' c•• ",•' '� .`y� .� 'f+Z`,�v,�l's.t 'F r t Cf ti r is r f S"' t-?: ?r c t :r.. I'S .:1 'Z +e G.r+t. i 1 K• r-' _,. .r, • �a f a.a .� r�`.. ' u`.+ �•': r�qry .,. t� .;js+�1' r.yr t,.i�ia .E}. :' -1, • ?;t f� " L- >. . tY r _ _ ...+ .i' ' oR: `::'-:. .A.• v� 1 A ♦� t , ,n. .. .] . -.f 'tFk•_.•. t `f: a;e� •ri : i �-?f .} aY. r_`' x•Et-;. .�r "+p( f L" '$yt x k,:: A;-" .7W_: .-- .•'b.i,'P ,i� Y�:Cr.• ,y ..-;" * -'.• ''-h=i•Y�►1CR77P w•.5,, 3t �� j' k.., .C,,, *}.it7f t ,..11:1 1.1!• w -'3-.7�'•�•�t1x'7'' �tl 1 �F ! q� +.7 =' � "� �� f 1055'Soutlz Grady Way-Renton,Washington 98QS5 }� • 1 = r This paper contains 50"/,recur led material,20%post consumer • CITY OF RENTON • DETERMINATION OF NON-SIGNIFICANCE - (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): . LUA-00-053,PP,ECF APPLICANT: Bennett Development PROJECT NAME: Heritage Renton Hill DESCRIPTION OF PROPOSAL: The applicant proposes division of a 10.35 acre property, by means of the preliminary plat process, into 57 lots suitable for single family residential development. The . .- : property is zoned Residential 8 (R-8), which allows residential development of between 5.0 and 8.0 dwelling units per net acre (du/a). The proposed density for this:project would:be 6.8 du/a.. Lot sizes' . would range from 4,504 to 8,318 square feet each. The minimum lot size in the R-8 Zone is 4,500:sf..--::,:;.;;.=.,•_.. The applicant has requested a modification of street standards to allow public street right-of-way widths of . 42'(instead of 50').;The proposed project is subj t to review by the City of Renton Environmental Review ::•;..• Committee -A public.hearing before the Ci ,,ofR to'ii-fear.' Examiner will also be required :13:-- Yt r . 'i:4t• 1 S �%Mtr '•i^-`fit.�.�`•�=.3�^.�i:.<: LOCATION OF-PROPOSAL. çeofBeacoWY "'< s E,S 7 •,Court; nd'S7.:.Streef. .�rs�►�: • ..� : '� :;' i�_ It _^ (U;� . MITIGATION MEASURES: •. 1: . The applicant shall'install a si(t1 ence along the..do slo ye pperimeter of the areal=that is to"be: r" :.�° 1- ' disturbed.. The'silt`.fen shall be it place-before ring' and grading,is -.initiated;L'and shall.be constructed in conformance with the specificationss:pr ented in the King County`Surface'WWater - Design Manual (KCSWG ). This will be required•durirt`bsithe.construction of both off site and on-site r f .r •re provementswas well s buildingconstr fiction.•-c - r > • .2. -Shallow drainage swales s hall be°constructs to int rce t surface water flow and route the fiow•awa ' from the.construction area to a stabilized discharge point. egetation growth shall be established in the.ditch by seeding or placing sgg� epending on site ga de; f ma"y be necessary to,line the ditch i with-:rock to protect the ditch• roi'hie oSibn and to redyce;,flo r tes `The design and•construction.of k drainage swages: shall;confo to'` .specificati ns res n in -the -most :recent:KCSWDl1� - Temporary pipe;systems can a so' se. cony st [aa across the site These me*sures _�~ ,;• ;. , : will..be required.dunn_ g the constrRti• Otto bff--s nd • its improvements, as well asbuild_ifig:{,,f : f,� _ construction _ r.:: ,.-_ ,,. r r ., ..,, t:-4 - : ,,i �Y, . 3 The project:contractor shall perform daily.review,and maintenance gf:ell erosion-and sedimental control measures-atthe site during the.construction of-bolh off-siteands-site'.improvements,as-•'well ;. as building construction. - ` ' , 4 Weekly reports on the status and.condition of the erosion,control.plan`with any recommendations af; ' . , change or retit$16 .to maintenance schedules or;installation.shall;be submitted;b�y the project 1=n jufe:41�' V ,. of Record-to the:Public.Works Inspector tor the'construction of.the civil improvements of-:the plat '`',"i+•` Certification of the•installation;•:maintenance;and proper removal.of the erosion Cotitror•f acilitiesshall: r be required prior to recording of the plat. '. _ i , }- K Rj.* [ fit 2"'34'1rt•i. t : bwf�; a. 5 The applicant shall pay,the applicable Transportation Mitigation Fee at.the,rate of$.76 0:per eagtt new average weekdayct trip attiibutable.to the,proje estimated to be 9 55.average weekday trips per, ' i,E.r " f_ new.single family lot The;Transportation Mitigation Fee is duepnor to the recording ofttleplat LL ;6 T `a licant shall a the.'.a ro riate Fire.- iti a r `r pet e, ,,:: `- `�..t �.� k �r PP. P. Y . ,�.,P,P_ p M ,9,tiori}aFep,�at a date��;$488Q0-p ;ea tie .single �°�;.' - "`'x—f 'yz.,famdy lot•createdsb"y,:the proposed,plati,y. e�#deJs�due q'fh� grcjing. .flho prate .' T'.r'Y� `�f �j;�(}�`s Th -�` Flo e`re rd' � � -�� -�� �4n i.. ,�iv ` .H�4T M1'.�. { - sk d°�y�.1 1'i4;e - fc 5� it ikie.j !31: 4. *,j: .'f<vi'' r J4 7/1.:-. .It" : li; 1 . .j.-I� a�..� , ' ':"1�''4 yam::q. frij''yy •q , V:fit':'}z. �.a�f' s�Mr '"�..r i y z r r �' 1 3 =ja;< r a.# 'S �. i / .f-r c?. Ai:. !A..a i r r. „4nr �r a t, 7, ..1 t-ta„+ yy.„•_ „ 4K t : 1' she '� "> Lei 3 k b''. _ F�C - � y_.1'�w *4 =-. �f •"+iy. � �;:.,.:�; C'C•, r, . S ��yf �,r:i•- ;f- � ,,,. • C�/'C',' 'h. y .� i � `' 5.2i1.0`Z ' ‹-;: �+ ,� Wyss et;W+T ''fi bi-'i* -n j ;T, :�I�' r• 3 ' t F fit .�^l.-s,c.t��Rlt 3 n 'y f .;t..W,C!l •Le}' 4 .3 .3�' 3:-` '.. lraerk,y,.7�+ i�y�j�.�.N,`3i. •`�k ' ' ,r>: fi;q.. :i�...e••t.1 sJ:: t .1•%.,' Y:'a-'•6.�.,. '•w.•t +'t•?7?J,44' Y'"Jt�i":�- f"^t`' .. 4 11. • Heritage Renton Hill LUA-00-053,PP,ECF Mitigation Measures (continued) Page 2 of 2 : 7. The applicant shall pay the Parks Mitigation Fee at the rate of $530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. 8. The applicant shall follow the recommendations of the geotechnical engineers, Geotech Consultants, Inc., (report dated September 14, 1999), as they pertain to site development and building construction. 9. A note shall be added to the face of the plat, prior to recording, stating that a known potential for ground subsidence exists in the area and that building plans shall be designed in consultation with a structural engineer and shall conform to the recommendations of the Geotech Consultants, Inc., as found in their report dated September 14, 1999. • 10. The rear setback at the lot located in the northwest corner of the property (Lot 35 as shown on the plan dated 8/31/00) shall be twenty-five feet. A note shall be placed on the title of the lot prohibiting - .. building construction within twenty-five fee and:cle a ing within ten feet of,the rear property line, as shown on the revised plan submitted b the applicantddated 8/31/00 .: eFed; 11 The applicant shall ensure tha o I4constructiondebris anddisca-d d items are excavated.fromahe'Site ,:....and construction is ceased i med'atei ollowednb nob icaf rt !he•Ci of Renton Development y j . :Services Division within 24 :ours s ould'hazardous matenal.b dis vered during said removal. _ 12 The Construction TrafficControl Plan,hall 'ncu dd a condifion a construction vehicles in excess 26,000 gvw, associatedwith the project,would be.prohibited from operating on Renton Hill during am . - • and pm peak traffic hours as identified 1ne report,:"Heritage Renton Hill Preliminary Plat Arnold Property Traffic Impact Analysis#Addendum:.No: 2, by`-TransportationtPlanninq & Engineering, Inc., dated September 11,20 0 'r•; .,‘ ` ; . 13. The applicant shall obtain an a ss. ermi n order. o use t o.Seatt a Public Utilities,� � fl j. .,�: Cedar River Pipeline Easement"for a s coondaryhemergency only accessr . _.,44. r • J r. -„re,. - ,''R:ems.. `i•� <a �fi`. n:�. t „ i•- 3. _.S 14. ,,.Y: = l''. � 'y. '-'' •.'''..: -•• a•i[ 4 . J- :p � .a.'+y �i RN . f 6�-Sa• t*. 'tomf$� r r i. .9'. . 74 .tX ^TL,ja . }ki,J.'ei� v4l , [ tA`Ya .• .r r•,: YrJ,• -'"r�.yfS. h. ,4''.?YJ,3' : 1:9r..l, r ..Y Mr'y r 4'.•:4 ��"7K ,• rT f;} �f :• �".'{ •;a k, rl„,ft ':;-.-.t:N: , '{, lf:, 'y ,'i.:.::7. { f�. .i:,:::.n rfr{4♦r i :l! -eFI{se XFG "wn .`-.� ja4:-{ .lt!.V;''1.:. C t _-.ii:!t 4k' fi \?Y/ ''�; {!i`.:.6�1e,'.i <.••% ,w . ,..)-'‘A. ad ^ = 11 :,A..::::* ..: s ��. - . . ..'. .i.;: . . .! -i�! . - .r., .' Or a -,y - v - •mot_;_.. af':_: • ' ' ' ' ..; �r / 1''%^♦.::' ,r.;+eh:I r.. � �,'l`'L' �•• .'e')!^: ' �'i� '-:` J.t'r„.•. �. 'S•Jfir0 st.i% S�3 ' %1.n4 . ..4;t, ,5..,^•rlr4 '!` �'4`- •.r=� >q Pt..�..... . . ' .:- ' :,.:c,<. •-- ii:. . r.: t'• / .4r.!.%"'.x< 1�f+- ~'.>7 pri ,t9iS f' lK., .s'_-ref. f•zN�.,, kb- f'.�1N�?l ' ^r( 4 �• 4•�^1 r`.•iaJ''t ✓.a1'.,f`h.a9i•♦ ',. in : I a :r: x ;?34,: '4' t',p,,;.• i..! . ti .t 't i! { 7. r4 r ;•, ,!a;L : . i . :Yr�:.i4 ".1:1 :a,a.' wi.~{.Y'i.7`" ): y;j4:�i;S.i.Y : ::•:5" • mrtmEAS , ,' ...41,1_0wIst._,y, k b" k----cW ,c..- 0‘nk`iP\ 7e_S i-VkA, A--0 •1.1 y-1.o"z.Z--' CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-00-053,PP,ECF APPLICANT: Bennett Development .PROJECT NAME: Heritage Renton Hill DESCRIPTION`OF PROPOSAL: The applicant proposes division of a 10.35 acre property, by means of the preliminary plat process, into 57 lots suitable for single family residential development. The property.;is zoned Residential 8 (R-8), which allows residential development_of between 5.0 and. 8:0 . dwelling units per,net acre (du/a). The proposed density for this project would be 6.8 du/a. Lot sizes- • = would range from 4,504 to 8,318 square feet each. The minimum lot size in.the R-8 Zone is-4,500 sf. •The applicant has requested a modification of street standards to allow public street right-of-way widths of . - 42'(instead of 50'). The proposed project is subject review by the City of Renton Environmental Review Committee..A public hearing,before the Ci oPR ni q Examiner will also be required • OCATIO •.OF PROPOS - ��''� i w t ' '_ `' N AL: • Irate' .echo of:Beaco a E, S T Court; and S 7 Street ,� . Ad•�iso y Notes to Applicanti • , -The'following notes"are supple enta inform • , ded c junction with the environmental `.'determination. Because these notes are,j ro i • • -L t •rma.'on only`;;they are'not•subject;to the .I appeal process for environFnental determ ea 1 : ' - t 4) Plan-Review-Sanitary Sever - �i '. 1. :There.is an existing 8" sewer.main`In SE 7th Court, adjacen` o,tte orth "side of.the proposed plat. . The new project can be served,bf exte ding an 8" sewe►i ain fro this existing main through,the .,.• proposed subdivision •'t= • - '2r The:conesptual..sanitary sewer mai show n-they draw r • submitted:for;the''forrnal:applicatiop•� f.: °�'�-7� - appears to be in order.: - .. - ;,,, , �i.4,� .•- • 3. A sewer cleanout will need to be located five feet ouf from buildings. : ; - 4. Separate side sewers be required for each parcel.(no dual sewers).-Side-sewer lines must have a 2 percent slope.. .. . 5: All utility plansmust complywith•the City of Renton Drafting Standards. -' 6:: Show finished floor elevations on the sewer construction plan sheet - !-7:` The vertical ofile of the sewer main will be r uir', pr •required;. ;:. • j t ....,:.,"`:-.:8..-- The project is located In Aquifer protection Area Zone 2. 9 : Any new sewer mains are to be'separated from water-lines.by a . � t r minimum of 10 fee t..T e re is-0 7-5 w =ktaiiotmirnmUni separaftion frbinotheru ties :° ,t .t :`>.�� •_';T ^� .kt>.,.�,,. ;,: } � . ,_rK� � :�fj k ' � S ,Y :', ,� ;ilt,}o04'a.,: :s •' s:'- ' a . � 4 f 5�JwX ::: :!`,, , ; t tl 4,^ f tt4AkI4 ,. ; � YL • 4' y „ ` � � ¢ r-..,1ys4 tY. wS • i5�s' 3s*I'-. , i� ��) i�1 t7 /%.,�.. �.p.� i?' t 4 r4 .f^S/+! . -'Iw S y f 5 :. k.•T � rro! o- <rrt ;;ry- 5d s tt t•1 � av-• 't � • a ! f:°;„: +s t `5; ..a "k A ,4 -.i, 2.• t Y • Heritage Renton Hill LUA-00-053,PP,ECF Advisory Notes(continued) Page 2 of 2 10. Sewer Development Charges of$585.00 per single family residence will be required for this plat. The fee for this project would be $16,380.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Plan Review—Water 1. There is an existing 6"-water main in Jones Avenue S, an 8" water main in SE 7th Court, and an 8" water main stub to the north boundary of this parcel. 2. The proposed project is located in the 490 foot water pressure.zone. Static water pressure will range from approximately 40 psi at elevation 395 feet to 55 psi at elevation 360 feet. 3. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM fire flow and shall be located.within 300 feet of the structure. This distance is measure along a travel • route. Additional fire hydrants will be required as part of this project to meet this criteria. . 4. The water main must.be a looped-system with two separate feeds. The conceptual utility plan needs - to be modified to show the second feed to the existing 6"water main in Jones Avenue S. - 5. Installation of 8"water mains in the interd`r``%trees o ~plat to serve'the,domestic water meters and fire hydrants are required ' 6 connection to:the 8"stub alo th- Oh- t :perry in s r, wired see plan:'W 2038)._ ' 7.• -.Connection to'the existing ,Water i ones Avenue T e ired' see p W-1.156).•The t -conce tualutiliplan shal e1 q ( plan ) water P tY _ .. a i�ed to fsho:; ; .�s A ection. ,� •- • 8. Water System Development char es o $t5's.'pe=ne ,ingle>_amity lo will be required for this: The charge for this plan would be pa 451 i i,. r s e-:At $.a paid odor to:issuance of the construction - permit for the.preliminarc lat- • n 11114411 . Plan Review—Stormwater D ainag .' A ;i.. 1.. A,conceptual drainage plan nd n 9e report was_ sub iee with a preliminary plat application for this project and appears to i�=.• r ,,—- : `Y . •2: ;Drawings submitted to:the`City . °reni on are to beon2 :X;'S4,-inch-sheets: The information :.: .y . ._K pertainin to, the,Ci of Renton-s u -, emoved frorri �•b- - ..• .,9h! a lock gf.tlie sheets su--• : :.. 3. • Before any construction or development activity occurs, a pre-construction meeting must be held with -._.r.the.Cityof Renton Development Services:Division;'Construction Services(425-277-5570). • 4. The City of Renton retains the:right to restrict.the,timing_.:of.land,clearing`andtree cutting:activities.to--. •' specific dates and/or seasons;when•such restrictions:maybe necessary for the public health;:safety .... and welfare,or for the protection of,the_en vironment: 5 Surface Water System Development,charges of$385 per new single family lot will be required for this plat. The fee for-this project,would be $21,945.00.. This..fee must be paid prior to issuance_of the construction permit for the preliminary plat. . : , Plan Review:Transportation•and Street • 1.:_All electrical and commiinicationfacilitiesjto be underground behind the sidewalk If right-of-way;+ - space is not available;then•In:a utility easement. Construction of these franchise utilities must be '. ;, L,, : ,irts�p���e)cted and appet3v,0d y a``Cityof t?erlton`publicwQrks.irtspector.prior•,•to recording of;fhe plat..:.:y i•tr""q -•:-.;.• .y.- --%, s3` * ;6;'r }i" Yi"t•y'.*sxµ ram'..; f1Ci_:4'",::'e as .L?r.,r • :i - f-,ai r, 2.., treets over 700 feet.In;length care required•to,have two'means of=access r ,r grs!.'r " `-, t' .rt t • (t.`, • ADVISORYNOTES .. . ..- , . i I • • Heritage Renton Hill LUA-00-053,PP,ECF Advisory Notes(continued) Page 3 of 3 3. Street lighting is required to meet City standards. Minimum lighting level is 6:1 uniformity ratio and 0.2 foot candle level. The street lighting conduit to be located under the sidewalk. 4. The minimum right-of-way width is 42 feet(modified from street standard width of 50 feet). 5. The cul-de-sac is required to have a minimum pavement radius of 45 feet and right-of-way radius of 55 feet. 6. A 5 foot sidewalk at the curb is required 7. Payment of a Transportation Mitigation fee of$75 per new average weekday trip, estimated at 9.55 new trips per single family lot,will be required prior to recording of the plat. It has been estimated that this 57 lot plat would result in approximately 544.35 additional average(weekday)trips. The Transportation Mitigation Fee would be$40,826.25. Plan Review—General 1. All required utility,drainage, and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. 2. The construction permit application(s)must include an itemized cost estimate for these Improvements.' ' 3. The fee for review and inspectionde improvements vements is 5•,pe cent of the first$100,000 of the estimated construction costs;4 percent ofanything over$100,000�,but less than $200,000,and 3 percent of anything over$2000;000 'Half of"this fee mustzbee.paid upoil application for construction permits(preliminary plat improvements), and the remainder a `t` etbonstruction permit is issued. , There may additional fees fwater service a pled expenses. ;� R 4. An easement that meets City standards for ingress egress and utilities shall be provided by the applicant to the property abu ing the east pr•perty boundary at a point within 200 feet of the northeast property corner of the proos 'pat. fs Parks Department Review n 1. Payment of a Parks Mitigation ee,4ot$530.76 for each new single family lot will be required prior to recording of the plat. The Parks fee will,be$30,253.32. g • Building Department Review - (~air 1. Demolition permits will be required. „j. Fire Prevention Department Review 1.. Afire hydrant with 1000 GPM fire flow is required within 300 feet of all new single family structures. If - the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. Provide a 20 foot paved secondary emergency access from the cul-de-sac within the development to • the Seattle Public Utilities Cedar River Pipeline Easement (Beacon Way SE). This would be an • • emergency access only and can be gated or chained. • 3. All building addresses shall be visible from a public street. 4. A Fire.Mitigation fee of $488 is required for all new single family lots. Payment is required prior to recording of the plat. The Fire Mitigation fee for the proposed project would be$27,816.00. - PropertyServices Department Review t _ _ - j 1. Comments will be provided under separate'cover. " •. •. -; • { >> I ADVISORYNOTES • Heritage Renton Hill LUA-00-053,PP,ECF Advisory Notes(continued) Page 4 of 4 Development Services Department Review 1. The site is designated Residential Single Family in the Comprehensive Plan. 2. The property is zoned Residential 8 (R-8). 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre (du/a) minimum and 8.0 du/a maximum. 4. Minimum lot size in the R-8 Zone is 4500 sf, with minimum width of 50 for interior lots and 60 for corner lots. The minimum permitted lot depth is 65 feet. Lot dimensions must be shown on the final site plan demonstrating that all lots meet these minimums. 5. Heights of buildings in the R-8 Zone are limited to 2 stories,or 30 feet. 6. Required setbacks in the R-8 Zone are 15 feet for houses and 20 feet for'attached.garages.which access from the front when houses front streets created after September 1,`1995,-20 foot rear yard- - setbacks; 5 foot side yard setbacks for interior lots and 15 feet sideyard setbacks for corner lots..All setbacks are minimums. Setback dimensions hould be shown on the construction drawings, but . setback lines must be removed prior to recoding e i a at. 7. The maximum buildingg covers the R-8 ZorJe•is 35 pe nt lots over 5,000 sf or 50 percept or lots 5,000 sf or less. 8. Dead.end streets cannot e,ceed 7t �, eet in length, meas r dfrom;t a edge'of the connecting street to.the end of the cul-de-sa 9. Retaining walls in excess of four 4)fee re• ireengmee "d drat ings an, a separate building permit. • 10. Construction easement ,Mined trod) a•uttmg •roperty c{wners may be necessary, prior to construction of retaining -ells on a r rite property linen.;Thepagree ents:must include protection measures for(or permis on to ppotentially damage or emove):trees ted on abutting properties • within 20 feet of the prope, lie�'`t 11, The applicant shall draft d re�order sinter ancej a">`reeme 't or establish: a .Homeowners' -Association for the maintenan onll?co ort rr pr�ovenents as ess.and;utilityty easements,.rights- •;of-way,.and:stormwater facilities `draaft�qe-,ddcu' ent'shal e submitted to the City of Renton for review and approval by the-City Atto nor to the febOrdi g bf the preliminary plat 12.Performance Standards for Land Development Permits y(RMC •4-4-130K); including "Protection' Measures During Construction"(RMC 44130K7):relating to trees, shall be.followed by the applicant. - The-.applicant shall.adhere,to the definition:o1'11:0e"-a:found..in-.RM 4:t C 11=200,:"drip line de:found:in . RMC:4-11-040,and:the measurement of-trees:es.found in:RMC 4=11:030 ' - - • 13. The Washington State.Department of Natural Resources may require a forest Practices Permit for' the conversion-of timber land to another.use. . :. : - : 1.4: The applicant should contact Paul Alexander of The King County.Department of Transportation; Metro Transportation;Metre Transit Route.Facilities at206-684-1599,regarding Metro's requirements for :. • • .potential transit service in the area(no service is.currently available to Renton• Hill) -• ADVISORYNOTES - January 25 ,2001 OFFICE OF THE HEARING EXAMINER CITY OF RENTON c REPORT AND DECISION APPELLANT: Ruth Larson Appeal of ERC's Determination re Heritage Renton Hill File No.: LUA00-149,AAD LOCATION: Renton Hill, southeast of intersection of Beacon Way S with - SE 7th Ct,Jones Ave S,and South 7th Street SUMMARY OF REQUEST: Subdivide an approximately 450,846 square feet(10.35 acre) property into 57 lots suitable for detached, single family homes SUMMARY OF APPEAL: Appeal of SEPA determination PUBLIC HEARING: After reviewing the Appellant's written request for a hearing DEV CINMF MoN ANC and examining the available information on file,the Examiner conducted a public hearing on the subject as follows: JUL 1 6 2uO2 RECEIVED MINUTES The following minutes are a summary of the November 14,2000 appeal hearing. The official record is recorded on tape. The hearing opened on Tuesday,November 14,2000,at 9:05 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the appeal, Exhibit No.2: Yellow land use file, LUA00- the Examiner's letter setting the hearing date,a map, 053,PP,ECF,containing the original application,proof photographs,and other documentation pertinent to the of posting,proof of publication and other appeal. documentation pertinent to this request. Exhibit No.3: Vicinity Map Exhibit No.4: Photo of Renton Ave S Exhibit No.5: Photo of telephone pole 6" from curb Exhibit No. 6: Photo of telephone pole 12-1/2" from curb Exhibit No. 7: Photo of curb and gutters Exhibit No. 8: Photo of garbage truck on street Exhibit No. 9: Photo of garbage truck on street Exhibit No. 10: Photo of dip in street I' Exhibit No. 11: Photo of fire hydrant Exhibit No. 12: Ruth Larson's testimony (, Exhibit No. 13: Aerial photo from City Archives Exhibit No. 14: Plat map Exhibit No. 15: Phase I Environmental Site Exhibit No. 16: Jennifer Steig letter to Bennett `Assessment Development Heritage Renton Hill Appeal and Preliminary Plat Hear...s.. - File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 Page 2 Parties present: Appellant: Ruth Larson Renton Hill Community Association 714 High Ave S Renton, WA 98055 Representing applicant: Ann M. Gygi,Attorney Hillis Clark Martin & Peterson 500 Galland Building 1221 Second Avenue Seattle, WA 98101-2925 Applicant: Ryan Fike Bennett Development 9 Lake Bellevue Drive, Suite 100-A Bellevue, WA 98005 Representing City of Renton: Zanetta Fontes,City Attorney Elizabeth Higgins,Development Services 1055 S Grady Way Renton, WA 98055 Ms. Larson, appellant herein, reviewed each item contained in her written appeal of the ERC's Staff Report dated October 17,2000, and explained the reasons for her objections in each case. Particular emphasis was given to Renton Avenue South. Ms. Larson used photos to show the close proximity of telephone poles to the curbs,the narrowness of the street, the dips in the street and the tendency of garbage trucks to drive toward the center of the street. She explained her concerns regarding safety issues when large trucks are using the street considering the narrowness of the street,the steep grade, and the limited sight distances. Becky Lamke, 415 Cedar Ave S,Renton, WA 98055 expressed concern that the number of trips per day per single family household has been underestimated, based on informal surveys of her neighbors. Ms. Lamke questioned exactly what the landscaping would consist of in the 15-foot buffer along the north property boundary. She concluded by stating that the construction vehicles should be required to come onto the site off of Puget Drive. It is not considered safe for busses to come up the hill, so it should not be safe for large trucks to do so. Elizabeth Higgins, Senior Planner, Development Services, 1055 S Grady Way, Renton, WA 98055 gave an overview of the nature of the project, its current status, and its progress through the ERC. Regarding the reason for the setbacks on Lot#35, Ms. Higgins stated the geotechnical engineer's report commented that the slopes at the rear of this lot are excessive. They recommended that the setback at the rear of Lot#35 be increased from • Hetitage Renton Hill • Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 3 20 to 25 feet in order to further to protect the slope. Using a photograph from the City Archives, she clarified why an exemption to the requirement in the Critical Areas Ordinance that slopes above a certain grade be protected was granted to the project. Ms. Higgins also addressed the issues of groundwater, responsibility for landscaping,regulation of fences,and parks constructed on the property. Ms. Higgins discussed the issue of Metro service on Renton Hill. She also explained the State of Washington Growth Management Act requirements and how the City is required to plan for housing. The City Council has committed to provide as much single family housing as possible and not meet their target with apartments. Regarding the requirement that a note be placed on the face of the plat about former mining activities, Ms. Higgins stated this is the City's- way of insuring that a property owner is made aware of a potentially hazardous situation. Mining activity took place throughout the city, and there are very rudimentary maps of where these mine shafts might be.The note on the plat alerts the potential home owner to seek the consultation of a structural engineer and choose the construction method most appropriate for the site. The appeal hearing was adjourned at 12:30 pm.,to be continued on Thursday,November 16 at 9:00 a.m. ******************************** The continued appeal hearing opened on Thursday,November 16 at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Kayren.Kittrick,Development Services, 1055 S Grady Way,Renton, WA 98055 explained her role regarding Land Use Applications and how these applications are reviewed by her office. Ms.Kittrick stated that the Street Maintenance Plan requires that all arterials be evaluated annually and all other streets,which would include Renton Avenue S, be evaluated every two years. Ms. Kittrick explained traffic mitigation fees and how they are reviewed and collected, resources available for street repair,and hauling times as allowed by code. Ms. Kittrick reviewed intersection distances,how they are measured, and under what circumstances intersections should be 110 feet apart vs. 150 feet apart. She also discussed the transportation study provided by the applicant, including levels of service at S 7th Ct and access to Renton Hill overall. Regarding the foundation of Renton Avenue S.,Ms. Kittrick stated that recent borings show four inches of asphalt over crushed rock. On cross examination,Ms. Kittrick responded to questions raised by Ms.Larson in her appeal letter. Ann M.Gygi, attorney representing applicant, Hillis Clark Martin&Peterson, 1221 Second Ave,Seattle,WA 98101-2925 opened by reiterating that in a SEPA appeal it is appellant's burden to establish that the SEPA determination is clearly erroneous. This is a plat application that is based on an adopted comprehensive plan and zoning that slated this property for development at an urban scale. This parcel is among those that the City of Renton legislated to accommodate a certain amount of urban growth under the Growth Management Act. The general impacts associated with the conversion are impacts of the legislative decision. The specific and unique impacts of the plat proposal are what should be the subject of the SEPA consideration at this stage. Mark McGinnis, Geotech Consultants, 13256 NE 20th St. #16,Bellevue, WA 98005 reviewed his education, training and experience as a geotechnical engineer. He summarized what is contained in the Phase I Environmental Site Assessment prepared by his firm regarding coal mines under the site, including risk of excessive settlement, localized subsidence, and mine gas emissions.Mr. McGinnis discussed the mitigation measures recommended in the Geotechnical Report to address the two worked coal mine seams under the property. He stated that it is his professional opinion that the recommended measures will adequately mitigate Heritage Renton Hill , Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 4 any potential risks associated with the two worked coal seams. Mr. McGinnis described the steep slope associated with Lot#35 in the northeast corner of the site. His firm investigated the slope, looked for slope problems, and did a test pit for exploration in the area to assess soil conditions near the top of the slope. Based on these observations, a 25 foot building setback from the crest of the slope is recommended. In addition to the 25 foot setback, it is recommended that there be no clearing and grading within 10 feet of the top of slope. Larry Hobbs, Transportation Planning and Engineering, Inc.,2223 112th Ave NE, Suite 101, Bellevue, WA 98004 reviewed his background, education and training as a traffic engineer. Mr. Hobbs stated that safety - issues were considered as part of the traffic study that was prepared for the project. The city provided the last three years worth of accident data in the area, and it was found that there were no accidents recorded on Renton Hill itself for this period of time. In checking the data for the last five years, it was found that there were three traffic accidents throughout all of Renton Hill. Two of these accidents involved one vehicle backing into another, and the third was a vehicle striking a parked vehicle. There were no injuries or fatalities in any of the reported accidents. The record of reported traffic incidents is one of the main indicators of safety on a street system. Mr. Hobbs stated that it is his opinion that there will not be any increase in traffic accidents in the Renton Hill area as a result of the proposed development. Residents of the area would most likely be aware of anything that may be deficient and would drive accordingly to compensate for that. New residents moving into the area would rapidly gain familiarity with the street system. Jennifer Steig, Peterson Consulting Engineers,4030 Lake Washington Blvd NE, Suite 200,Kirkland, WA 98033 gave a summary of her training,education and experience as a civil engineer. Ms. Steig described the conceptual grading plan her firm prepared for the site. Once grades are set, computer programs to come up with cut and fill volume. Based on the conceptual grading plan, there would be approximately 55,000 cubic yards of cut material and 19,000 cubic yards of fill. The applicant requested that we develop a plan with a closer balance so that all the cut and fill would be used on the site--there would not be any material hauled off the site as a result of grading. The conceptual plan was sent to a company used industry wide that has a computer program which can look at the site as it is graded in the conceptual plan and raise or lower the site in small increments to determine when a balance is reached. This information is used to develop a final grading plan for construction. In doing this, it was found that if the site is raised one foot from the conceptual grading plan, there would be a balance of the cut and fill material on the site. Based on further geotechnical studies, if the unsuitable fill were screened on site,the amount of fill that would need to be hauled off site could be reduced by approximately half. Ms. Steig discussed the number of truck trips that would be required to haul fill off the property based on the number of cubic yards of fill remaining. She explained under what conditions material must be worked so that it will be suitable for use in construction. In closing, Ms. Larson discussed the issues of preservation of vegetation and wildlife,compatibility of the new homes with the neighborhood, and the two crested vertical curves on Renton Ave S that do not meet city, county or state requirements for vertical curve design. Ms. Fontes, in closing,addressed issues raised by the appellant in the course of the hearing and discussed what the evidence has shown and what the process has been in each instance. Ms. Fontes reiterated that despite all the questions raised by the appellant, she has not shown evidence of significant adverse environmental impacts in any of these instances. Therefore, the decision made by the ERC must stand. • Heritage Renton Hill ' Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 Page 5 Ms. Larson responded that every question she asked was stated in the ERC's report. She responded to the questions because she felt there was clarification needed. Some of the issues have been clarified, others have not. In closing, Ms. Gygi stated that the applicant concurs with the City's closing arguments. She reviewed some of the issues raised by the appellant. Ms. Gygi summarized by stating that any project will alter the surrounding area. It is unrealistic to expect that there would be no effect from development. The law does not require that all adverse impacts be eliminated. If it did, no change in land use would ever be possible. Ms. Gygi reiterated that the burden is upon the appellant to prove adverse environmental impacts,which has not been done in this case. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The appeal hearing closed at 11:30 a.m. SEPA APPEAL FINDINGS, CONCLUSION & DECISION FINDINGS: 1. The appellant,The Renton Hill Community Association, represented by Ruth Larson, filed an appeal of a Determination of Non-Significance- Mitigated(DNS-M) issued for a proposed Preliminary Plat that would divide approximately 10.35 acres of R-8 (Residential: 8 units per acre)zoned property into 57 lots. The appeal was filed in a timely manner. 2. In processing the preliminary plat application the City subjected the application to is ordinary SEPA review process. The City, in the course of and as a result of its SEPA review, issued a Determination of Non-Significance-Mitigated for the project. The Determination of Non-Significance-Mitigated (DNS-M)was conditioned by the City. 3. The subject site is located near the intersection of Beacon Way SE, S 7th Court and S 7th Street. The property is located immediately across from Philip Arnold Park. 4. The subject site a triangular parcel approximately 1.114 feet by 818 feet by 829 feet. 5. The subject site is approximately 10.35 acres or 450,846 square feet in area. 6. The subject site has rolling and descending terrain with some steeper slopes that were determined to be manmade as part of past mining or quarrying activity. An exemption from steep slope regulations was issued administratively since the steeper slopes are not natural. 7. The ERC imposed five conditions related to erosion control, three conditions imposing mitigation fees for fire,parks and roads, three conditions related to geotechnical issues for building construction/foundation work, subsidence notice due to potential coal mines and setbacks from steep slopes, one condition dealing with the potential discovery of hazardous materials, one dealing with traffic control for construction vehicles and finally, a condition for access across the Seattle Pipeline for emergency, secondary access. 'Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 6 8. During the course of the public hearing staff noted that the gross vehicle weight of 26,000 was not intended to vary from that posted on the road signs and should have matched that posted along the road. 9. The appellants objected to the determination. The appellants objected to or raised concerns about: a. Modification of street standards to allow narrower roads in the plat. b. Protection for abutting Falcon Ridge and River Ridge properties. c. Weight limit on Renton Avenue differing from posted standard (that was an error not intended to vary from posted limits). d. Width and emergency access relating to the Pipeline road. e. The steepness and width of Renton Avenue South. f. Exception to Critical Areas Ordinance that permitted grading on previously disturbed slopes. g. The amount of grading and number of heavy truck trips were not fully evaluated for impacts on the community. (the applicant altered the plans to balance the cut and fill and substantially reduce material movements) h. Impacts on River Ridge. i. Air quality impacts of vegetation removal. j. The alteration of the base elevation and its impacts on water. k. The removal of 92%of the trees and retention of 32 trees, if possible. 1. The maintenance of installed landscaping strips and islands. m. Impacts on the deer population that frequents the subject site. n. The manner in which the rezone was adopted. o. The character of the homes. p. The consistency of fencing. q• The impacts of new light on the community. r. The impact of internal pocket parks. s. The impact on the Renton Hill community by this plat. 4 • Heritage Renton Hill Appeal and Preliminary Plat Hearings FileNos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 7 t. Traffic impacts of new residents and construction vehicles on the existing road surfaces and the community. u. The use of mitigation funding. v. The development does not follow the policies of the City of Renton. 10. The subject site is located near the northeast corner of Renton Hill just where it begins its drop down to Maple Valley and the Cedar River. 11. The majority of property in the vicinity of the subject site is zoned R-8 (Residential; 8 dwelling units per acre). It has been developed with single family homes. The slopes north of and below the subject site are Resource Conservation. 12. Immediately north of the subject site is the River Ridge development that contains 11 lots. The proposed development would share an access roadway that now serves only River Ridge. East of the subject site is Falcon Ridge,and it contains 80 lots. Falcon Ridge is accessed from the east by a private roadway. 13. The subject site is covered by what is probably second or third growth trees and shrubs. As noted, the site has been disturbed by some form of extraction or quarrying in the past. 14. The applicant did an historical survey of the subject site using aerial photographs as well reviewing the permit history of the site. There also were reviews of the mining data for the subject site and vicinity. There were also borings to determine the nature of the soils and to expose potential dumping of hazardous or other materials. The US Geological Survey maps for the area show a mine symbol, although it does not specify the type of mine but it appears it was used as a gravel quarry. 15. An evaluation was made of potential mine hazards. Both the more shallow and deeper mines are located 200 feet to 600 feet deep. It is anticipated that most linear shafts would have subsided over time. Any collapse events in "horizontal"mines would be distributed over those 200 to 600 feet, causing little surface subsidence. The greater potential for dangerous collapses are old airshafts or vertical access shafts. Some of these were filled with jumbled lumber or other debris till it"caught" on the sides of the shaft and then filled. The "caught"materials can decay over time and lead to collapses. In most cases these latter actions cannot be predicted. The geotechnical information and studies have instructions on dealing with these if they are discovered during construction. In addition, there are governmental agencies that deal with such openings,although obviously,an opening occurring can still take parties by surprise. The geotechnical report also has construction methods to make sure homes constructed in this development follow certain prescribed foundation techniques. 16. The applicant and City emphasized stability in dealing with lots near the edge of slope areas. The only lot affected by steeper slopes is Lot 35 in the northeast corner of the subject site. Lot 35 will have a 25 foot setback for building and a 10 foot setback buffer that will remain undisturbed. • Heritage Renton Hill Appeal and Preliminary Plat Hearings Fife Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 -Page 8 17. The Geotechnical information shows that areas that have 15%to 30% slopes are limited and most of the terrain is moderate and the underlying soils are suitable for construction. The ERC imposed conditions to deal with erosion. The professional analysis is that the measures suggested in the geotechnical report and the measures imposed by the ERC should prevent any problems. 18. There are approximately 250 to 300 acres of open space along the Cedar River and the slopes above the river in City ownership or open space. Although a large amount of this property is very steep slopes, there are a developed trail and park located along the river, and there are other level or more gentle areas. To accommodate roads and building pads, most of the vegetation will be removed from the subject site. It would appear that similar clearing probably has occurred for most development on the hill in the past with ornamentals replacing native trees. 19. There will be a loss of over 300 trees of six inches or greater in diameter. This loss of trees and habitat is an unfortunate but foreseeable result of development. Trees and vegetation may be maintained where possible. Open space tracts and ornamental landscaping generally occur as plats are developed and mature. 20. The project was reviewed for compliance with the Critical Areas Ordinance and the land clearing regulations. The exception approved for working on the man-made or altered slopes is not unusual and is a remedy available by code. Natural slopes will not be altered or would require special approvals. • 21. The original plans called fora substantial grade and fill effort. This would have entailed a large number of dump trucks moving the materials to and from the subject site. The applicant further refined - their grading plans and found that generally raising the elevation of the subject site by approximately one(1)foot would significantly reduce the needed trips. This would mean utilizing local materials on site in what is termed a "balanced cut and fill." There would still be export of unsuitable materials or debris that has been dumped on the subject site. It is not anticipated that raising the site by approximately one foot would create any problems with erosion or stability. The number of truck trips would probably be reduced to approximately 750 trips. The original estimate would have generated approximately 3,700 trips. The trucks would meet load limit requirements of the City. While this is not a small number of trips, it is also not unusual where development is occurring, including in residential areas and the City urges that this is generally not a SEPA impact. 22. The existing public roads serving the subject site do not meet current standards. Similar undersized or steep roads serve other older or hilly areas of the City including roads serving areas west of Rainier. At the same time,these older roads serve their neighborhoods or communities. Renton Avenue seems to serve the existing population, and as new residents have moved to Renton Hill they have adjusted to the constraints and limitations. This does not discount the experiences of current residents and that fact that extra care seems necessary to negotiate the roadways and deal with events like snow and ice. The fact is, transportation impact analysis including LOS information and sight distance information shows that the existing road system can handle the additional traffic including the additional approximately 50 to 60 vehicle trips that would be generated during the peak hours. It appears that there may be an approximately 0.2 second delay in wait time at traffic lights. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 9 23. The proposed intersection at SE 7th Court and the subject proposal's entry road will meet City standards for sight distance and angles. Anytime a new intersection is created residents have to accommodate the changes in traffic flow. 24. Renton Avenue South is approximately 26 feet wide and has an approximately 23 foot 2 inch driving surface. There is a 5 inch drop to the gutter. Both telephone poles and hydrants are located close to the right-of-way and driving surface. There are some dips in the road and the crest apparently creates difficult sight problems with traffic driving up and down the hill according the residents. The technical analysis would appear to show that at normal driving sitting position,the view is not significantly impaired. 25. A study of accident history showed no reported accidents during the last three years and three(3) accidents throughout Renton Hill during the last five years. They appeared to be minor accidents resulting in limited property damage but no personal injuries. Anecdotal evidence suggests that there have been a number of"near-miss"and minor accidents but that residents may not have reported some accidents. The assumption then would have to be that they were not major accidents if they remained unreported. 26. The evidence does suggest that curbs, gutters and sidewalks improve safety but there are areas along what would be the commute route where this is not possible. Limiting speed and driver caution serve to control conflicts. SEPA does not ask an applicant to rectify existing problems, whether traffic or storm water problems, but requires that impacts be appropriately disclosed. 27. The appellant challenged the traffic generation numbers used by the applicant. Those numbers estimate that each single family home generates approximately 9.55 trips. The 57 homes would generate 544.35 trips per day. The estimates also predict that approximately ten percent(10%)of the total trips would occur during each of the peak commuting times or approximately 55 trips. No basis for the challenge was provided. 28. The development, if approved in full, would add 57 homes to an existing inventory of approximately 200 homes,or an approximately 25% increase. There has been some infilling in the last few years, also adding to the inventory. At the same time, some homes were lost to the last expansion and straightening of I-405. The traffic report and City analysis demonstrate that while the roads are not standard,they have sufficient capacity to handle the additional traffic. There will be impacts, but they are not considered untoward. The LOS for the intersections on the hill will not change as a result of the development. 29. Intersection spacing was found to be able to meet standards for the new intersection,which will be controlled by a stop sign. 30. LOS of A and B exist for the critical intersections and those will not be changed by the development of the subject site, although as indicated, wait times may increase by a fraction of a second. 31. Street maintenance is accomplished as needed. No specific improvements outside the boundaries of the plat will occur other than some possible modification to the intersection at Beacon and 7th. • Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-I49,AAD and LUA00-053,PP,ECF January 25, 2001 • Page 10 32. The City works with applicants to develop a construction management plan to deal with traffic, routes and times in order to control access by heavy trucks. This would be done in this case as well. 33. There is an approximately 30 foot wide strip of land between the proposed development and River Ridge, the residential site adjacent to the subject site. Fences are not generally an environmental issue. Setbacks between newer single family and existing single family uses is also not considered a SEPA issue. The project will be providing the required setbacks, and in some instances it intends to provide larger than required setbacks. Larger setbacks than code provides are not required(minimum impacts that would occur with any development and not untoward in any fashion). The additional light and glare created by the new homes is not expected to be out of the ordinary for single family communities. It is not particularly reviewed for single family development. 34. While there is no public bus route serving the hill, residents can apparently use a dial-up service for vans. 35. The proposed density of 6.78 is in the midrange permitted in the R-8 Zone. The R-8 Zone permits a density of between 5 and 8 single family units per acre. 36. There is an approximately 30 foot wide strip of land between the proposed development and Falcon Ridge,the other residential site adjacent to the subject site. 37. Mitigation fees for transportation are distributed after the City Council determines needs in its six year cycle. Maintenance is done as needed. 38. Construction activity and hauling is governed by code provisions limiting the impact on rush hour traffic and limiting it, generally,to daylight hours. In addition,there is the construction management plan. Trucks doing hauling are monitored and"weight tickets" and reports are required. Renton Avenue was checked and it is four inches of asphalt over crushed rock. The City found it acceptable for heavy loads. It currently serves large garbage trucks and fire trucks. 39. The proposed reduction in street width from 50 feet to 42 feet for new roads within the plat boundaries is a code compliance issue and should not generally affect SEPA compliance. 40. The question of who builds the homes and what would be their quality is not a SEPA issue. The City does not control design of single family development nor who may develop such homes if they meet code standards. 41. The applicant and City, in response to the appeal, both noted that asking a series of questions, particularly if the answers are contained in existing studies or covered by existing regulations,does not provide a sufficient basis for overturning a SEPA decision. 42. All of the Findings and Conclusions of the companion Plat Report are incorporated into this report by reference. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 11 CONCLUSIONS: 1. The decision of the governmental agency acting as the responsible official is entitled to substantial weight. Therefore, the determination of the Environmental Review Committee (ERC),the city's responsible official, is entitled to be maintained unless the appellant clearly demonstrates that the determination was in error. 2. The Determination of Non-Significance in this case is entitled to substantial weight and will not be - reversed or modified unless it can be found that the decision is "clearly erroneous." (Hayden v. Port Townsend, 93 Wn 2nd 870, 880; 1980). The court in citing Norway Hill Preservation and Protection Association v. King County Council, 87 Wn 2d 267, 274; 1976,stated: "A finding is'clearly erroneous' when,although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Therefore,the determination of the ERC will not be modified or reversed if it can meet the above test. For reasons enumerated below, the decision of the ERC is affirmed. 3. The clearly erroneous test has generally been applied when an action results in a DNS, since the test is less demanding on the appellant. The reason is that SEPA requires a thorough examination of the environmental consequences of an action. The courts have,therefore, made it easier to reverse a DNS. A second test, the "arbitrary and capricious" test is generally applied when a determination of significance(DS) is issued.In this second test an appellant would have to show that the decision clearly flies in the face of reason since a DS is more protective of the environment since it results in the preparation of a full disclosure document, an Environmental Impact Statement. 4. An action is determined to have a significant adverse impact on the quality of the environment if more than a moderate impact on the quality of the environment is a reasonable probability.(Norway, at 278). Since the Court spoke in Norway, WAC 197-11-794 has been adopted, it defines "significant"as follows: a. Significant. (1) "Significant" as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. b. (2) Significance involves context and intensity...Intensity depends on the magnitude and duration of an impact....The severity of the impact should be weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred. Also redefined since the Norway decision was the term "probable." c. Probable. "Probable"means likely or reasonably likely to occur, ... Probable is used to distinguish likely impacts from those that merely have a possibility of occurring, but are remote or speculative. (WAC 197-11-782). 5. Impacts also include reasonably related and foreseeable direct and indirect impacts including short- term and long-term effects. (WAC 197-11-060(4)(c)). Impacts include those effects resulting from growth caused by a proposal, as well as the likelihood that the present proposal will serve as precedent •• Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 • Page 12 for future actions. (WAC 197-11-060(4)(d)). 6. Environmental impact is also related to the location. A development,whether an office building or a single family development, may or may not create impact depending on the existing surroundings. 7. There is no question that there will be changes in the neighborhood and there may definitely be inconvenience, particularly during construction. There will be clear changes to the subject site. But these changes do not necessarily rise to the level of impact mandated by SEPA to require the preparation of an EIS. The development will not significantly alter the character of the community. It will be single family in character,just like the surrounding development. Adding additional single family homes to the existing single family community is not dramatic. It will riot trigger changes to other undeveloped or low density sites and will not create any precedents generating calls for changes to the residential zoning already governing the area. Both the Comprehensive Plan and Zoning designated the area for urban densities. In addition, while additional traffic will flow through the main commute route into downtown Renton, the proposed community is located on the edge of the community, not in the midst of the existing community, and its overall impacts will not be very significant. 8. Traffic seems to be a key issue presented by the appellant,and traffic's associated issues such as narrow and steep roads,heavy construction traffic and stopping distance and sight distance on the hill and at the new intersection. These are legitimate concerns, but the evidence does not provide a basis for altering the ERC's decision. They will not have more than a moderate impact on the quality of the environment. The development will permanently add more traffic of a kind that traffic analysis shows the streets currently handle without appreciably increasing commute times,overloading roads or increasing conflicts significantly in terms of SEPA impacts that would require more detailed information than has been prepared in the various technical studies reviewed by the ERC. It will not have more than a moderate impact on the quality of the environment. The development will generate impacts similar to those that now exist. 9. There definitely will be more traffic. That occurs anytime new development occurs. The streets leaving the hill are definitely steep and narrow. The various analyses demonstrate that the LOS will not be substantially changed. The analyses also demonstrate that while there are some constraints due to the steepness of the hill and the narrowness of the roadway, but that the additional traffic can be safely accommodated. 10. The most pronounced change will be the removal of the forest cover on the ten acres. This acreage has been cleared in the past and the site topography altered by what appears to have been quarrying activity. But clearing of trees alone is not sufficient to trigger the preparation of an EIS. Nothing in record suggests that this alone will create such a significant impact on the quality of the environment that additional information is needed. This acreage needs to be looked at in the context of the adjacent 200 to 300 acres of forest and habitat. It also needs to be looked at in terms of surrounding uses. The areas around the site are mostly urban and developed with single family homes such as proposed for the subject site. There is already a park located immediately across from the site. While animals will probably be displaced, there appears to be sufficient open space immediately adjacent to the site to provide habitat. Nothing in the record demonstrates the any large species or threatened species permanently inhabit the subject site. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 13 11. Construction impacts will be irritating to those who live near the subject site and construction traffic will have impacts on the community as a whole, but they are not the type of impacts which have more than a short-lived impact and they are not the types of impacts that would throw the ERC's decision into doubt. In addition,code provides for construction management plans, and there remains the possibility that the pipeline road could serve some construction uses. In addition, the applicant has substantially reduced the amount of materials that would need to be transported either to or from the subject site. This will substantially reduce the originally anticipated truck traffic. 12. While there will be a series of impacts as there are in any development, they do not add up in a quantifiable manner to the type of impacts or long term precedents that result in-more than a moderate impact on the quality of the environment. Issues such as quality or character of development, fencing, setback standards in excess of those required,code permitted exceptions to slope clearing or roadway width are not appropriately SEPA issues. Access to the site across the pipeline road is a condition of development,and if it were not granted,that would have a profound affect on the proposal and is not a SEPA issue. The creation of internal parks and open space and maintenance are not SEPA issues. The manner of adoption of the reclassification of the site is not a SEPA issue. 13. The reviewing body should not substitute its judgment for that of the original body with expertise in the matter, unless the reviewing body has the firm conviction that a mistake has been made. This office was not left with a firm conviction that the ERC made a mistake. There was a thorough review of geotechnical information that showed the site could be developed. There were two traffic reports, including slope analysis of sight distance issues,that demonstrated the current roads, while not meeting current standards have capacity for the additional traffic anticipated. 14. The appealing party has a burden that was not met in the instant case. The decision of the ERC must be affirmed. DECISION: The decision of the ERC is affirmed. MINUTES: PRELIMINARY PLAT I' The following minutes are a summary of the November 16 and December 12, 2000 preliminary plat hearing. The legal record is recorded on tape. The hearing opened on Thursday,November 16 at 11:35 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Because of time constraints, Mr. Mehlhaff, Ms. Liston, Mr. Giuliani,Mr. Ellis, Ms. Fulfer, Ms. Herman, Ms. Lamke, and Mr. Fulfer testified regarding the preliminary plat during the appeal portion of the hearing. Their comments appear later in the minutes. The following exhibits were entered into the record for the preliminary plat hearing: Heritage Renton Hill Appeal and Preliminary Plat Hearin5, File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 •Page 14 Exhibit No. 1: Yellow land use file, LUA00- Exhibit No.2: Overall plat plan 053,PP,ECF, containing the original application, proof of posting, proof of publication an other documentation pertinent to this request Exhibit No.3: Sheet 2 of 4, larger scale drawing of Exhibit No.4: Sheet 3 of 4, larger scale drawing of plat plan plat plan Exhibit No. 5: Sheet 4 of 4, preliminary plat plan . Exhibit No.6: Topographic survey Exhibit No. 7: Tree cutting and land clearing plan Exhibit No.8: Drainage control plan Exhibit No. 9: Generalized utilities plan Exhibit No. 10: Detailed grading plan Exhibit No. 11: Neighborhood detail map Exhibit No. 12: Zoning map Exhibit No.13: Plat map of lots along north border Exhibit No. 14: Timeline of project showing buffer Exhibit No:15: Wildlife Report Exhibit No. 16: Original plat map of River Ridge Exhibit No. 17: Stopping sight distances drawing Exhibit No. 18: Stopping sight distances chart Exhibit No. 19: Stopping sight distances chart and Exhibit No.20: Renton Ave. S. stopping sight topographic distances Exhibit No.21: Traffic Count Charts(6 sheets) Exhibit No.22: Aerial photograph of River Ridge Elizabeth Higgins, Senior Planner, Development Services, 1055 S Grady Way, Renton, WA 98055 presented the staff report. Bennett Development has proposed subdivision of an approximately 450,846 square feet(10.35 acre)property into 57 lots suitable for detached, single family houses. The triangular-shaped property is located on Renton Hill, southeast of the intersection of Beacon Way S with SE 7th Ct, Jones Ave S,and South 7th St. Although Renton Hill is a well established neighborhood, land abutting the proposed project to the; north has been developed fairly recently into River Ridge, an eleven lot subdivision. Falcon Ridge,a large(80 lot)subdivision, lies to the southeast. Philip Arnold Park is adjacent to the southwest. The Seattle Public Utilities Cedar River Pipeline, which is used occasionally for overflow parking from the park,separates the park from the proposed development property. The zoning designation for the property is R-8. Most of Renton Hill is zoned R-8 except for a strip of land on the west side above I-405 which is zoned R-10. Access would be from a new public street that would intersect with SE 7th Ct. The new street would terminate in a cul-de-sac. An emergency-only access would connect the cul-de-sac with the Seattle Public Utilities Cedar River Pipeline. A modification from street standards has been requested to reduce the width of the public right-of-way from 50 feet to 42 feet. This modification has been approved by the director of the Development Services Department. It would not reduce the pavement width,only the right-of-way width,and would not affect the ability to have sidewalks in the development. Ms Higgins continued by stating that the Environmental Review Committee(ERC) issued a Determination of Non-Significance- Mitigated on October 17, 200. One appeal was filed prior to the close of the appeal period. The ERC placed several mitigating measures on the project. The first four relate to erosion control on the project and are best management practices as required by the City. The applicant shall pay applicable Transportation, Fire and Parks mitigation fees. The applicant shall follow the recommendations of the Geotechnical engineers as they pertain to site development and building construction. A note shall be placed on the face of the plat prior to recording stating that a known potential for ground subsidence exists in the area and that building plans shall be designed in consultation with a structural engineer and shall conform to the recommendations of the Geotech report. The rear setback at the lot located in the northeast corner of the property, Lot#35, shall be increased to 25 feet from 20 feet. A note shall be placed on the title of the lot prohibiting building construction within 25 feet of the of the rear property boundary and prohibit land clearing Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 15 within 10 feet of the rear property line. The applicant shall ensure that all construction debris and discarded items are excavated from the site and construction is ceased immediately, followed by notification of the City of Renton Development Services Division within 24 hours, should hazardous material be discovered during the removal. The Construction Traffic Control Plan shall include a condition that the construction vehicles in excess of 20,000 gvw associated with the project would be prohibited from operating on Renton Hill during a.m.and p.m. peak traffic hours as identified in the traffic report. The applicant shall obtain an access permit in order to use the Seattle Public Utilities Cedar River Pipeline Easement for a secondary, emergency only access. The permit shall be obtained prior to building permits. Ms. Higgins described the property and discussed how the proposal meets the various requirements of the Preliminary Plat Criteria. The proposed project meets the first objective of the Comprehensive Plan Land Use Element by providing new housing in what up to now has been underutilized land. It also provides a greater use of urban services and infrastructure. The proposed project would meet the policy of meeting net density levels by providing density of 6.86 dwelling units per acre. The lots are proposed at an average size of 5,350 square feet. The range of lot sizes is 4,504 to 8,318 square feet. Both the Development Standards and the Comprehensive Plan polices limit the height of building to two stories in the R-8 zone. The question of transportation and pedestrian connections between neighborhoods is difficult on Renton Hill due to its situation of being isolated from the rest of the city and having limited access. There will be pedestrian connections throughout the neighborhood from new sidewalks that are going to be added and the Cedar River Pipeline. �.. Three areas in the proposed site plan in the proximity of the entryway are going to be set aside as commonly held open spaces. It is not anticipated that the vegetation will be retained, but they will be landscaped. Staff recommends that a landscape plan be submitted to Development Services for review prior to building permits. The Comprehensive Plan included a forecast of Renton's traffic increase for a twenty year period. In the plan, it was estimated that there would be a 52% increase in traffic in Renton between 1990 and 2010. The estimated traffic increase on Cedar and Renton Avenues on Renton Hill would be approximately 25%from the proposed project. This appears to be consistent with projected city-wide traffic volume increases. Ms. Higgins discussed how the project meets the Housing Mandates in the Comprehensive Plan. The Growth Management Act requires the City to plan how it will accommodate its share of the projected population growth. The projected population growth for a 20 year period is determined by the Puget Sound Regional Council, and it was distributed to all cities and counties in the Puget Sound region. The Comprehensive Plan has to address how the City will provide housing for all economic segments of the City's population,and delineates the strategies for doing that. Ms Higgins reviewed some of the policies of the Housing Element and explained how they are met by the proposal. Ms. Higgins continued by reviewing how the proposal meets the Environmental Element of the Comprehensive Plan. Some of the policies that staff felt were met by the proposed project are: minimizing erosion and sedimentation by requiring appropriate construction techniques; implementing surface water management systems which protect natural features; promoting the return of precipitation to the soil at natural rates near where it falls through the use of detention ponds,grassy swales, and infiltration; promoting development design which minimizes impermeable surface coverage; and managing the cumulative effects of storm water through a combination of engineering and preservation of natural systems. Slopes on the property were probably created by surface mining activity, and are therefore exempt from the Critical Areas Ordinance. The stormwater control system would provide adequate protection of the City's water resource. The applicant has estimated that approximately 389 trees sized 6 inches in diameter and greater Heritage Renton HiII Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 16 and of various types would be removed from the property for construction. The applicant must adhere to the requirements of the Forest Practices Act. There are several areas in the project that are going to be preserved as "landscape tracts." The proposed project would meet all of the underlying zoning standards for the R-8 zone. The front, rear, and side setback lines indicated on the Preliminary Plat plan meet the minimum setback requirements for the R-8 zone. The maximum building coverage in the R-8 zone is 50% of lots 5,000 square feet or smaller and 35%of,or 2,500 square feet on, lots larger than 5,000 square feet. Compliance with the building coverage regulations would be a requirement of the building permit process. Ms. Higgins next reviewed the proposal's compliance with the subdivision regulations. All lots created by the subdivision would result in legal building lots according to the regulations for the R-8 zone. All parcels must have access established to a public road, which would occur by either directly off the public roads that would be built or from the two private roads or driveway that would be placed on the property. Side lot lines shall be at right angles to street lines or radial to curved street lines--they would be in this project. All lot corners at intersections would have a radius of a minimum of 15 feet. Police and Fire have indicated they have sufficient resources to furnish services. The Parks and Recreation Department has also concurred that they could provide service. Renton School District has stated that new students, estimated to be approximately 25,could be accommodated in Talbot Hill Elementary School, Dimmitt Middle School, and Renton Senior High School. The School District further requested that the existing school busses be allowed to continue their route through the area, which would be allowed. The conceptual stormwater plan has been accepted by the Plan Review Division,as have the conceptual water and sanitary sewer plan. Staff recommends approval of the Heritage Renton Hill Preliminary Plat subject to the following conditions: (1)that the applicant comply with the ERC Mitigation Measures as they have been amended,(2)that all landscape tract areas,with the exception of the 5,402 square foot tract located at the entry,the private "parkTM, and the landscape area adjacent to the storm pond be incorporated into lots already proposed,and(3) commonly held open space areas shall be enhanced prior to occupancy with landscaping including mixed deciduous and evergreen trees and plantings of native shrubs and groundcover,and the applicant shall submit a landscape plan to the Development Services Department for approval. An additional condition would be that a homeowners'association be established and that one of the requirements be that they would be responsible for maintaining'the private stormwater system and the commonly held landscape area, including the 15 foot buffers. The Examiner stated that he will schedule an evening hearing to conclude this matter in order to accommodate those who have to leave due to prior commitments. The various parties will be notified of the date and time of the evening hearing. The hearing closed at 12:40 p.m. • The hearing opened on Tuesday, December 12, 2000,at 6:00 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Ms. Higgins gave a brief review of the project based on the Staff Report, which was presented at the hearing on December 16. Ms.Higgins stated that staff has added a recommendation which was not presented at the last hearing, that a Hold Harmless Agreement shall be recorded that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 17 Mr. Fike presented a timeline explaining how the design for the project developed. In March of 1999 Renton School District selected Bennett Development as the purchasers. In September 1999 the mandatory pre- application meeting was held with the City. At that time plans for a 69-lot subdivision were submitted, designed around access from Beacon Way S. It was subsequently determined that Beacon Way S could not be accessed off of, since it is an easement owned by the City of Seattle and they do not want it used as a public right-of-way. In January of 2000,another pre-application meeting was held with the City of Renton and a new design for the project was submitted, based on input from community groups and the Cities of Renton and Seattle. This new design eliminated the Beacon Way access and showed access off of S 7th Ct. A stub road - that would cross over the pipeline and go into Philip Arnold Park was included. The City of Renton determined that the stub road was not needed. A design was subsequently developed showing a buffer setback along the north border of the property In April of 2000 the developer sent a submittal package to Renton Hill community leaders showing them what was going to be submitted to the City of Renton. This showed a 56-lot subdivision. In May, the City of Renton deemed the application complete, but asked that the access road across the pipeline be removed. With the removal of the access road,the project went from 56 lots to 57. The City also asked the developer to do additional traffic counts. A three-week traffic study was done during the summer which took into consideration increased traffic from sports activities held in the area. Mr. Fike submitted a study which was done by a wildlife biologist in the period since the last hearing. The report shows that there are deer on the property;however,there were no signs of deer nesting there. An eagle that nests on the south tip of Mercer Island uses the Cedar River as a fishing ground. This may be the eagle that is seen over the Cedar River and approaching the property. There are no signs of an eagle nesting on the property. The wildlife report shows that the project has minimal, if any, wildlife assessments. Regarding the pipeline easement, Mr. Fike explained that the City of Seattle views pipeline usage as a privilege. In order to be good neighbors with the City of Renton,Seattle overlooks things such as possibly driving trucks over the pipeline rather than through the neighborhood, and school buses using the pipeline. The City of Seattle will only issue Conditional Use Permits for the pipeline. The developer has a verbal agreement with Seattle that they will be able to have emergency vehicle access on the pipeline. Ms Higgins entered an original plat map which shows the entry to River Ridge as it was proposed,crossing the School District property,then intersecting the pipeline. A letter in the files from the City of Renton's Utilities Systems Manager at the time to the Real Property Division of the Seattle Water Department explains why the entryway to River Ridge was moved into the present position, and shows further evidence that the Seattle Public Utilities does not want the pipeline to be used for general traffic. s' John Nelson,Peterson Consulting Engineering,4030 Lake Washington Blvd NE,Suite 200, Kirkland, WA 98033 explained what sight distance is and what kinds there are, using a sight distances drawing. Using charts and a topographic map, he explained stopping sight distance and how it is determined for different types of vehicles and several actual road slopes in the Renton Hill Area. Mr.Nelson stated that as a result of his analysis and actually driving the roads in question, he did not think there is any significant problem with sight distances on the roads in Renton Hill. Larry Hobbs,Transportation Planning and Engineering, Inc.,2223 112th Avenue NE, Suite 101, Bellevue, WA 98004 stated that typically intersections are made with three or four legs; however, five-legged intersections do exist. All of the legs of the intersection are stop controlled. There are no records of any accidents at the intersection over the past five years. There is no reason to believe this intersection does not operate safely and Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 18 adequately. There is enough capacity in the intersection to handle the traffic that is there now, and the future development. The intersection itself is relatively flat. Sight distance criteria does not come into effect at the intersection, since all vehicles must stop. Ms. Higgins clarified the Zoning Code as it relates to the project. In the R-8 Zone, the City requests that a developer try to have at least five units per net acre,with a maximum of eight units per net acre. If for some reason a developer chooses not to develop to the maximum density, or if they are trying to develop below the minimum density,the City requests that the developer demonstrate that future lots could be developed on the property. The City asks for a technique called shadow platting which would create hypothetical lots that would have the proper setbacks and be conforming lots given the requirement of that zone so that in the future those lots could be developed. Mark Mehlhaff, 532 Grant Ave S, Renton, WA 98055 addressed the issue of road safety on Renton Avenue S. Many drivers tend to use excessive speed going up the hill because of the steepness of the grade. This, combined with limited sight distances and cars parked on the side of the street,creates a dangerous situation. Mr. Mehlhaff asked why Puget Drive and the pipeline cannot be opened up for use of construction vehicles and general traffic to alleviate the congested conditions on Renton Avenue S and Cedar Avenue. Nancy Liston, 1518 Beacon Way S,Renton, WA 98055 spoke to the issues of tranquility and quality of life on Renton Hill. Ms. Liston expressed concern that the tranquility of the area would be greatly impacted by the increased traffic, noise,dirt and dust generated by the large trucks and construction equipment. She stated that the streets and parks on the hill were never intended for the increased number of vehicles and people who will be occupying 57 homes. Ms. Liston also discussed the issue of intersection safety. She has witnessed people not obeying the stop signs, and has seen many near-misses. Ms. Liston also expressed concern about deer crossing the street, particularly at night, and the safety of bicyclists on the streets. John Giuliani, 1400 South 7th Street, Renton, WA stated that the new exit off of Renton Hill has no bearing on the traffic on Renton Avenue, since it is necessary to travel on Renton Avenue to get to the new exit. Mr. Giuliani further stated that when Renton Ave was repaved, he personally observed that all the asphalt was removed down to the dirt. New asphalt was placed directly on top of the dirt with no gravel base underneath to anchor it. Quentin Ellis, 715 High Ave S., Renton, WA 98055 stated that there have been a lot of sophisticated studies made by the City and others regarding this project,but it all boils down to one word--infrastructure. The infrastructure that has to be maintained is not there. He cited a newspaper article regarding the Habitat program's plan to build low income housing on a ten acre parcel in Snoqualmie Ridge. They are only proposing to build 50 houses on those ten acres. This proposed project plans to build 57 homes in an area with only one street that is only 23.6 feet wide, as opposed to the normal 40 to 50 foot width. He expressed concern about the mine shafts in the area and the possibility of sink holes developing with the increased traffic on Renton Avenue S. Mr. Ellis challenged Bennett Development's traffic engineer to substantiate his statement that there would not be an increase in the number of accidents on Renton Hill. He questioned how, considering the 25% increase in traffic anticipated, the engineer could make that statement. Wendy Fulfer, 1729 SE 7th Ct, Renton, WA 98055 stated she lives in River Ridge. The intersection where she comes out of her development is already a five-way intersection. Adding another street would only add to the difficult situation at the intersection. Ms. Fulfer added that she personally makes eight to ten trips off the hill Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 19 every day. She expressed concern about the deer and other wildlife in the area, including nesting eagles, if the property is developed. Sharon Herman, 711 Jones Ave S, Renton, WA 98055 stated that the contractor of River Ridge had the opportunity to build 23 homes. He elected to build only 12 homes out of respect to the neighborhood and the residents of Renton Hill. Ms. Herman further stated that she feels the property value of her home will drop because of all the traffic and the smaller homes that will not fit in with the rest of Renton Hill. Becky Lamke,415 Cedar Ave S, Renton,WA 98055 stated that she feels the massive size of the project is an undue burden to the current residents of the Hill. The number of cars and speed of the vehicles on Cedar Ave is already excessive for the number of homes that are there. The project should be forced to have their entrance and exit off of Puget Drive. The increased traffic and safety issues due to the slope of the streets all lead to Puget Drive being the best alternative. Ms. Lamke asked why Renton School District is still listed as the owner. She questioned whether the property been sold,or if that is contingent on whether the project is approved. Ms. Lamke stated that a clear cutting of this ten acres of mature forest could be detrimental to the Cedar River and to salmon recovery. Mike Fulfer, 1729 SE 7th Ct, Renton, WA 98055 asked why the buffer on the north edge of the g project was included in the setback of the homes and not separate from the lots. He asked who is responsible for providing and maintaining the vegetation in the buffer. He expressed concern about the increased number of trips per day as a result of the new homes. He further stated that the project will be out of place because of the density of the homes,and will change the character of the neighborhood and quality of life of the residents.Mr.Fulfer discussed stopping distances of vehicles and expressed concern that the stopping distances involved are right on the limit of safety. Being on the edge of safety should only be allowed in a controlled environment such as a race track,not on Renton Hill. Bentley Oaks, 1321 S 7th,Renton, WA 98055 addressed the sight distances issue. Most people drive in excess of 30-35 mph on Renton Ave. S. Considering the reaction time required, and trying to find a place to stop because of parked cars along the street, it can be a dangerous situation. It is important that the human factor be considered rather than just using an engineering study. Doug Brandt 610 Renton Ave. S, Renton, WA 98055 asked if Mr.Nelson made specific measurements on the two crests that exist on Renton Ave. S.or if he relied only on charts for his analysis. Mark Johnson,316 Renton Ave. S., Renton, WA 98055 questioned the 6%grade, which is an average. The transition between 3% and 9% is sudden,so that close to the end of the 3%grade, it is effectively a 9%grade, not an average of a 6%grade. That would make a dramatic difference in the calculations. He expressed concern that cars are moving in both directions,the road is narrow, cars and trucks are parked on the side,and there is nowhere to go. Regarding speeds on the bridges, Mr.Johnson stated that speed limits are not observed. He feels that adding more cars is not something the road can handle safely. Dana Calhoun 433 Cedar Ave. S, Renton, WA 98055 stated that she feels the sidewalks, particularly on Renton Ave. S, are inadequate. The intersection at 7th and Beacon Way is very busy,especially during softball games. There are no crosswalks, and sometimes no sidewalks. Bicycling on the streets is dangerous. Ms. Calhoun said the backs into her driveway because she does not want to have to back onto the street considering the angerous conditions that exist. • Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 20 Bill Collins,420 Cedar Ave. S., Renton WA 98055 entered traffic count charts that are a graphic version of traffic issues on Renton Hill. Using these charts, Mr. Collins explained how the increased number of cars would impact traffic conditions on various roads at various times of the day in the Renton Hill area. Rosemary Grassi,422 Cedar Ave. S,Renton, WA 98055 stated that this traffic count information was provided by Mr. Mar from the City. It is the City's latest official count of traffic on Renton Hill. The counts show that there would be 813 passes of vehicles on Cedar Avenue per day. On Renton Avenue S, there will be around 1,100 passes per day. There is also a problem of enforcement regarding stop signs. Ms. Grassi stated the Mr. Potter,who is president of the Falcon Ridge Homeowners Association, has signed a statement that he is opposed to this development. She also expressed concern that their appears to be an effort to "dump" affordable housing and apartments from other cities into Renton. Linda McManus, 530 Renton Ave. S., Renton, WA 98055 addressed the issue of accidents on Renton Ave. S. Ms.McManus stated that she was personally involved in an accident last summer on Renton Ave. S. The person coming down the hill failed to yield,and Ms.McManus' vehicle was forced into a telephone pole. She does not know why this accident wasn't recorded. Ms. McManus stated she has personally witnessed many near-accidents on Renton Hill S. She expressed her concern about safety issues in general in the Renton Hill area. Bart Bennett, 1800 SE 7th Ct., Renton, WA 98055 expressed concern that Lot#35 does not have the 15 foot greenbelt that the other lots in the development have. He also expressed concern about the possibility of the S- way intersection being changed into a 7-way intersection. He questioned the distances of the stop signs from the intersection. Mr. Bennett also stated that the intersection of Renton Ave. S and 7th is a 3-way stop,which is also extremely dangerous because of the steepness of the hill. He feels that his project is too large for the street system to handle. Mr. Bennett stated that he lives on Lot#5 in River Ridge. He has a sink hole in his back yard which he has dumped about 50 bags of sand into, and it is still fairly deep. Ruth Larson, 714 High Avenue S, Renton, WA 98055 stated that the residents of Renton Hill did not oppose River Ridge because it brought sewer service to those people living above Renton Avenue S. They were not opposed to Falcon Ridge. The only problem with Falcon Ridge was that their original plan was to remove the gate and use:the pipeline for access. The residents did not want the gate removed because of traffic concerns. Falcon Ridge put in their own access road instead. Ms. Larson reviewed the safety issue on Renton Avenue S, and stated emphatically that this issue must be addressed before approval. Kayren Kittrick stated that there is an enforcement issue regarding traffic in the Renton Hill area. The City has programs in place for monitoring these things,and the Police Department should be made aware of the problem. If the City does improvements on Renton Avenue South, it means the streets and sidewalks will be widened, which will take away from front yards along the street and actually increase traffic speeds on the street will increase. The blocking off of the lane on Mill Avenue by Metro is temporary during the construction of the Transit Center. Regarding reports of accidents on Renton Hill, these were done by checking Police reports. The Police Department reported three accidents in five years. All of them involved hitting of stationery objects. Ms. Kittrick stated that pipeline is allowed to be used for emergency access only, not for general access. The pipeline is gated at the request of the local citizens in order to decrease traffic, and can be opened only for emergency access. Regarding sink holes, Ms. Kittrick stated that the City maintenance crews have been monitoring the sink hole on Renton Avenue S. She has no other reports of sink holes in the area. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 21 Ms.Higgins stated that the Geotechnical Report indicates there is no surface evidence of former coal mines. The area is very inadequately mapped, so no one really knows if there are mines in the area or where they are located. Residents of the area have had problems with sink holes. That is the reason the City wanted to make sure that new residents would at least receive a warning that this could be a problem so that they could plan for it by having a structural engineer design the foundations of their house. Mr.Nelson discussed the enforcement issue on Renton Hill. The developer cannot and should not try to accommodate people who do not follow the law. Mr.Nelson discussed reaction times and sight distances and stopping times of trucks. He also described the locations where measurements were made for the study and the relationship of road grades and sight distances. Mr.Nelson described how the intersections at 7th and Renton Avenue and 7th and Cedar Avenue are controlled with stop signs. Mark McGinnis Geotech Consultants, 13256 NE 20th Street#16,Bellevue, WA 98005 addressed the issue of coal mines and the question of a sink hole at Lot#5 in River Ridge. There is a deep mine under this area that is over 500 feet below ground surface. The shallower mine workings,which are the ones that seem to be giving the most problems on Renton Hill,do not extend that far to the east into the River Ridge development or into the proposed project's property. There are shallow mines under the western portion of Renton Hill,but they would not be under Lot#5. Regarding the subsidence on Renton Avenue S, Mr. McGinnis stated that he drove the street again and noticed many patches in the road, indicating some repaving and filling. The size of the patches is relatively small. Subsidence associated with a coal mine, related either to an air shaft or the collapse of the tunnel itself,would be several thousand square feet in size. The small areas of subsidence and patching on Renton Avenue S appear to be related to utilities, improper compaction,or soft road sub-grade conditions that have been dealt with over time. Considering the depths of the mines, and the time that has elapsed since the last known workings under the property(at least 75 years) if large subsidence were to occur, it would have occurred already. Ms. Higgins discussed the issue of the increased setback on Lot#35 and the reasons for it. Ms.Higgins explained that we encourage quality development by looking at the layout of the plan and making sure it meets the requirements of the development standards that are set forth in the Code. Those are the minimal standards the City Council has felt should be applied in each neighborhood. Other factors that are looked at are the context of the project,development that has taken place in the past,and how the City plans to develop in the future. The City has housing goals that have been set by the Puget Sound Regional Council as to the amount of population that Renton,as well as other cities that are within the Growth Management Act,must meet. Regarding the question of stormwater drainage,Ms.Higgins stated that roof drains will be allowed to infiltrate. Stormwater from the driveways and streets would be collected in the stormwater pond, where it would receive treatment prior to release. It would be a controlled release,as there have been some stormwater problems in that area. Mr. Hobbs stated that the January 2000 Traffic Study was done based on the then current lot number count of 60 lots. This would mean a net reduction of 3 p.m. peak hour trips,and roughly 30 daily trips. The Traffic Report shows that there will be less than 1,500 trips per day on Renton Avenue S, which will be well below capacity for a one-way section. Mr. Hobbs stated that there would be an increased traffic volume on Renton Hill from this project. Regarding safety on Renton Hill, Mr. Hobbs said his statement that accidents should increased was based on accidents of record. The enforcement issue of people not obeying stop signs and speed limits is a consideration. Heritage Renton Hill Appeal and Preliminary Hat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 22 Mr. Giuliani stated that the air shafts from the underground mines are made of wood timbers and are approximately 14 to 15 feet in diameter. He expressed his concern that the wood timbers will rot over time. There have already been three incidents of cave-ins. One took place across the street from his home. The air shafts were not blocked off from the mines below,they were filled and blocked off 50 or 75 feet from the top. The passage of time makes the situation more dangerous, not less so. Mr. Brandt questioned exactly where Mr.Nelson made the sight distance measurements on Renton Hill. Mr. Nelson replied that graphical measurements were made on 7th Avenue from the project site all the way down to Renton Avenue S and Cedar, then all the way down Renton Avenue S and Cedar to the bottom of the hill. These were graphical measurements made on the computer. On-the-ground field work was done all the way up Renton Avenue S. Jeff Schultek, 613 Grant Avenue S, Renton, WA 98055 stated that sometime between 1980 and 1982,a garage was taken down through a sink hole at 820 Renton Avenue S. Mr. Ed Gouch owned the property at that time. Mr. Schultek expressed his concern about safety issues on Renton Hill, particularly in regard to emergency vehicle access. Ms. McManus expressed her concern that the Geotechnical Report has a disclaimer on it. Ms. McManus stated that she has a sinkhole on the side of her property. Her neighbor, Marie Overman,has had to have coal mining engineers flown in from Montana because her driveway caved in. Ms. Gygi stated that Bennett Development does not object to the idea of a Hold Harmless agreement that would be a covenant against the land itself. Bennett Development does object to the idea of a bond being placed that would the hold the developer liable into the future. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 9:00 p.m. PRELIMINARY PLAT FINDINGS,CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1• The applicant,Ryan Fike, Bennett Development filed a request for approval of a 57-lot Preliminary Hat together with Tracts for open space. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official, issued a Declaration of Non-Significance-Mitigated(DNS-M)for the subject proposal. An appeal of that determination was filed by the Renton Hill Community Association. A hearing on that appeal was consolidated with the hearing on this plat. • Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 23 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located near the intersection of Beacon Way SE, S 7th Court and S 7th Street. The property is located immediately across from Philip Arnold Park. 6. The subject site a triangular parcel approximately 1.114 feet by 818 feet by 829 feet. 7. The subject site is approximately 10.35 acres or 450,846 square feet in area. 8. The subject site has rolling terrain but has steeper slopes along the northeast corner of the site. There are also some steeper slopes on the interior of the subject site that were determined to be manmade as part of past mining or quarrying activity. An exemption from steep slope regulations was issued administratively since the steeper slopes are not natural. 9. Although the slopes are not regulated by the Land Clearing and other development regulations,the ERC imposed a series of conditions to control erosion and deal with geotechnical issues. The subject site is located within Aquifer Protection Area 2. 10. The subject site was annexed to the City with the adoption of Ordinance 1861 enacted in February 1961. 11. The subject site is currently zoned R-8 (Single Family-8 dwelling units/acre). It received this designation in June 1993. 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family uses. 13. The subject site is vacant. It currently is owned by the Renton School District but the applicant has an option to purchase the property. 14. The applicant proposes dividing the subject site into 57 single family lots. There would also be tracts for storm water detention and open space. Staff has recommended that most of these tracts be incorporated into adjacent lots to minimize potential maintenance issues. 15. The development of the subject site would require tree removal. Approximately 389 trees of 6 inches or greater diameter would be removed to allow for the construction of roads,building pads and storm drainage systems. A Class IV permit will be required to convert forest land to residential purposes. The applicant has indicated an intention to save some trees near the detention pond and property entrance if grading work permits. 16. The lots range in size from 4,504 square feet to approximately 8,318 square feet. Staff estimates that the average lot size would be approximately 5,350 square feet. The minimum lot size permitted in the R-8 zone is 4,500 square feet. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 • Page 24 17. The Beacon Way Seattle Pipeline Road runs in a southeast to northwest diagonal along the southwest angle of the subject site. It connects to Puget Drive SE and Royal Hills Drive SE on the east. The roadway is not a public roadway and has a gated barricade to prevent through traffic. Philip Arnold Park is located on the southwest side of that roadway. The road does provide access to Philip Arnold Park from the east. School buses also use this road approaching from the east, and a school bus stop is located east of the barricade. School buses do not negotiate the steep hills from the I-405 side of Renton Hill. 18. Apparently, the pipeline road was open as a through-street in the past but was closed to reduce traffic passing across Renton Hill and down the steep roadways east of I-405. This also coincided with the then limitation of only one crossing of I-405 that also crossed railroad tracks that could totally block access to the hill. Reconstruction and realignment of I-405 during the last decade provided a second crossing of I-405, and both crossings are elevated and therefore removed the railroad crossing. 19. The proposed layout would create a looped roadway in the interior of the plat with a cul-de-sac road providing access to the southeast corner of the subject site. A gated, emergency access connection would be installed between the dead end cul-de-sac and the Seattle Pipeline roadway, with Seattle's permission. 20. The proposed roadways would be 42 feet wide instead of the standard 50 feet, since the applicant requested an administrative modification to reduce width,which was approved. Road dimensions are determined by the Director administratively. 21. The lots would be located along the perimeter of the triangular shaped parcel as well as in the interior of the loop. The interior block would contain 13 single family lots as well as a"park" tract. 22. Eight lots would be served by either pipe stem or private roadways. Proposed Lots 14, 15, 16 and 17 would be served by private access easement or roads. Similarly,Proposed Lots 20, 21 and 22 would be served by private access roadway. Proposed Lot 35 would be located on a pipe stem driveway. 23. In order to prepare the site for the building pads and the new roads,the applicant will clear most of the vegetation from the site. Some trees may be preserved near the detention system. The slopes adjacent to Proposed Lot 35 would remain undisturbed, since there are steeper slopes that will be protected. 24. The applicant proposes open space and the storm water detention pond at the entrance to the plat. The road will pass through this open space. As the roadway splits to form the loop roadway,a small park will be located on the inside of the "Y" in the road. The applicant has proposed three triangular landscaped areas along the pipeline road to fill in between rectangular lots. Since the pipeline road runs at an angle,creating rectangular lots required these open space areas. As noted,staff recommended that these areas be incorporated into the adjacent lots to avoid maintenance problems. 25. Development of 57 single family homes will generate approximately 545 vehicle trips per day(based on approximately 9.55 trips per dwelling). It is anticipated that approximately 10%of the traffic trips will occur at each of the morning and evening peak hours. Staff has also estimated that the 57 homes will increase traffic on Renton Hill by approximately 25 percent. This is based on the fact that there Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 •Page 25 are approximately 200 homes on the hill currently. The ERC imposed mitigation measures for fee generation. Staff noted that the City anticipated an increase in overall traffic of approximately 50 percent,and that the 25 percent increase was reasonable. 26. The traffic analysis shows that the major intersections serving this site,Main Avenue S and S 4th Street, Houser Way and Mill, Cedar and S 3rd and Renton Avenue and S 7th will suffer no degradation in LOS. The LOS for the first two intersections will remain at B, while the latter two intersections would remain at LOS A. 27. An analysis of historical traffic accidents showed only three minor accidents and no accidents resulting in injuries. Residents report that there have been a number of"near-misses"and residents living along Renton and Cedar must exercise diligence in using the driveways. 28. The width and slopes of Renton Avenue and Cedar and the other roads serving the subject site from downtown Renton, the only open access to the hill, do not meet current development standards. At the same time, staff reports that these roads have capacity to handle additional traffic and that these roads can also safely handle the additional traffic. Staff did suggest that new residents would have to adjust to the conditions of access just as other residents on the hill have adjusted in the past, including other new residents. 29. The development of the subject site will generate approximately 25 school age children. These students would be spread among the different grades of the Renton School District. 30. The City will provide sanitary sewer service and domestic water. 31. The ERC imposed additional storm water detention requirements due to the topography and location of the subject site. The proposal will have to comply with the newest King County requirements. Staff reports that the conceptual drainage plan appears to adequately serve the subject site. Staff recommended a homeowners association be required to maintain the detention system. 32. While traffic and transportation issues were a main concern of the neighbors, the Transportation Division did not appear at the public hearing. Questions were handled by other planning and development staff. 33. In addition to the steep slopes along the northeast margins of the subject site, the subject site is located over old, abandoned coal mine tunnels and other workings. Old records and maps were also reviewed. The property was surveyed and inspected and did not show any evidence of mines or shafts. It does appear that the site was a quarry at one time. There are disturbed soils and slopes. A geotechnical analysis provides methods for preventing foundations from being affected if there should be subsidence. The studies also had other suggestions for dealing with the subject site, but indicated that there should not be any problems evident at the surface. Apparently,there have been incidents on the hill of subsidence in the past. The geotechnical information shows that the soils can bear development. The City did recommend that the applicant execute a "hold harmless" agreement regarding the coal mines in case some problems were to arise. •Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25,2001 Page 26 34. In order to develop the subject site, the applicant will be excavating and filling the subject site. Originally, the applicant was going to export and import materials to level the site. The applicant proposes to alter those plans and do a balanced cut and fill. This will reduce the amount of materials that need to be transported to or from the subject site, reducing the number of truck trips substantially. 35. Development of the subject site will not change the single family character of the area but will generate additional population and traffic as well as other attendant changes more people bring to an area. 36. The homeowners would be required to maintain the open space tracts at the entrance and the park area. 37. All of the Findings and Conclusions of the companion SEPA Appeal Report are incorporated into this report by reference. CONCLUSIONS: The public interest in approving a preliminary plat depends on balancing a variety of interests. The City is bound by the Growth Management Act and has determined the appropriate density under that act for R-8 Districts is between 5 and 8 dwelling units per acre. For this parcel with a net site area of 8.31 acres,the 57 homes yields a density of 6.86 dwelling units per acre. At the same time, the increase in traffic projected for this project is approximately 25 percent over current traffic. This is not an issue that merely equates to LOS and technical issues. This means approximately 550 additional trips will be traveling up and down very steep, narrow roads. Staff noted that the Comprehensive Plan forecast a growth of 52 percent, but those projections would clearly have a lot of that traffic directed efficiently to arterial streets and not narrow streets with single family homes located on very steep streets. These narrow roads serve as collector arterials, but are in no way equal in width or slope to roads that would generally serve that purpose. Renton and Cedar and the streets nearest the subject site are local residential access streets. In fact,they are substandard streets in both width and slope angle. Five hundred additional trips per day is a substantial impact on the homes along the route from the subject site to the downtown area. The public interest sought to be served by approving a plat is not solely served by providing additional housing that meets density standards and growth management standards that do not consider the neighborhood characteristics, and particularly the street characteristics. The public interest is served when one balances density with the impacts of development on other homes and their residents. Engineering design standards to not measure or balance these impacts. They clinically decide that a certain pavement width is adequate to accommodate any additional 500 trips per day, without weighing the affects on adjacent residents. The number of trips will balloon from approximately 2,000 trips per day to 2,500 on Renton and Cedar. Similarly,engineering values on sight distance over the crest of a hill cannot discount the neighbors evidence of"near-miss" accidents as vehicles attempt to avoid each other when negotiating the steep, narrow streets. The engineering numbers do not necessarily account for slowed reaction time of elderly drivers or the impatience of teenage drivers. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 27 Therefore, it seems that balancing the demands of growth management with the impacts on the residents along the commute route requires reducing the scale or scope of the project and the density of that project. The Zoning Code and Comprehensive Plan both provide a range. While it has been generally the case that the density should be as great as possible to meet the housing demands,there may be appropriate times when that density should be reduced modestly to effectuate a balancing of interests. While any reduction will be modest, it still would help to ameliorate the impacts on the existing community. Scaling the plat back to 50 homes would provide a density of 6.02 dwelling units per acre. This falls within the permissible range of 5 to 8 found in the regulations but reduces the - impacts. There would be approximately 50 less vehicle trips and while,not a substantial amount, it would go to lessen the impacts on the residential homes along the route and reduce the potential for vehicle conflicts somewhat. Reducing the density of this plat will reduce the untoward impacts on the existing residents. 2. The applicant will probably be heard to argue that the SEPA review did not warrant this reduction and that no significant impacts having more than a moderate impact on the quality of the environment were found. "Significance" in terms of SEPA and whether it amounts to EIS threshold "significance" is entirely different than the localized but very consequential impacts of 500 to 600 additional vehicle trips on a local, residential street. Just because an issue is not so large or significant to trigger the need for EIS preparation does not mean it does have an impact which should not be mitigated when determining whether a plat serves the public use and interest. In this case,the additional traffic vis a vis the streets that would serve this traffic demand a density reduction. 3. The applicant could choose to implement such a reduction by either maintaining the general lot size and increasing the open space and secondarily preserving additional trees or by modestly increasing the lot sizes of the remaining 50 lots. Rather then specify the method, the recommendation would be to allow the applicant flexibility in this redesign. 4. In general, with the proposed density reduction, the proposed plat appears to serve the public use and interest. It does provide additional housing choices in an area that can be adequately served by water and sewer and to a lesser extent,the steep narrow roads of Renton Hill. The plat is somewhat isolated from surrounding development and buffers between the subject site and adjacent properties have been provided. 5. The plans show that site can deal with its storm water runoff. As noted, it can be served by City water and sewer. 6. It would appear that there is a remote potential for instability due to the underlying coal workings. There remains the potential to discover overgrown or ineffectively sealed off shafts. The applicant will be required to follow the procedures outlined in the geotechnical reports to develop the site and home foundations. The recommendation of staff for a hold harmless agreement seems reasonable in the event a unforeseen settlement occurs in the future. Potential residents should be given adequate notice that their is some potential for a coal mine subsidence to occur. 7. The proposed layout appears reasonable. In most cases where "interior" lots would be accessed by easement or private roads or pipe stems, these lots are not sandwiched into compounds surrounded on • "Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 . Page 28 four side by other homes. A number of these lots are located on the pipeline or at the open space edges of this site. 8. The ERC imposed conditions to avoid exacerbating drainage problems down stream and to avoid erosion. Storm water will be contained and diverted to avoid excessive flows. The development to R-8 density standards and the need to create building pads and streets means that most of the vegetation will be removed from the subject site. 9. The proposed plat will provide additional housing choices in an area in which urban services are provided or can reasonably be provided. 10. Development of the site will introduce additional noise and population. 11. The plat provides reasonably rectangular lots and lots that meet the dimensional requirements of code. The open space between lots along the pipeline road does appear to be a potential maintenance problem, particularly with access to the pipeline road roundabout or circuitous from the main plat. These open space parcels should be absorbed into the adjacent lots. 12. The other open space parcels should be restricted by language on the face of the plat that preserves their open space characteristics and precludes selling them off for development in the future. 13. The plat will have its main access to a street which appears capable of providing a safe controlled intersection with appropriate sight and stopping distances. There will be a need to provide assurance that the Seattle pipeline road can be used for emergency access. 14. As a final recommendation,this office would recommend to the City Council that it explore providing the primary access to this plat from the pipeline road with a gated access to the remainder of Renton Hill. If such access could be granted,the narrow and steep streets would not be a issue and the plat could be built to full density. This office was not fully permitted to explore whether this was at all possible. This office only has anecdotal evidence that Seattle, at one time,permitted unobstructed access to Renton Hill from the east. This office does not suggest a full opening but again,recommends that primary access to this plat might be from the east with a gated emergency access at SE 7th Court to prevent through traffic movements. 15. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the conditions noted below. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: 1. The plat should be reduced from 57 to 50 single family lots with a density of 6.02 dwelling units per acre. This falls within the permissible range of 5 to 8 dwelling units per acre. 2. The applicant shall comply with the conditions imposed by the ERC. Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 29 3. The plat shall contain language acceptable to the City Attorney regarding the recreational and open space respectively and precluding development of them. 4. All landscape tract areas, with the exception of the 5,402 sf tract located at the development entry,the 3,042 sf private"park", and the landscape area abutting the stormwater tract, shall be incorporated into lots already proposed within the plat. No additional building lots are to be created. A revised plan shall be submitted to the Development Services Division prior to receiving construction permits. 5. Commonly held open space areas shall be enhanced,prior to occupancy,with landscaping including mixed deciduous and evergreen trees and plantings of native shrubs and groundcover. The applicant shall submit a landscape plan to the Development Services Department for approval. 6. A Hold Harmless Agreement shall be recorded that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. 7. The applicant will have to secure in writing permission to use the Seattle pipeline road for emergency access. 8. The homeowners would be required to maintain the open space tracts at the entrance and the park area. ORDERED THIS 25th day of January, 2001. • VakK - FRED J. KALFMAN HEARING EXAMINER TRANSMITTED THIS 25th day of January, 2001 to the parties of record: Zanetta Fontes Jennifer Steig Sharon Herman 1055 S. Grady Way Peterson Consulting Engineering 711 Jones Avenue S Renton, WA 98055 4030 Lake Washington Blvd NE, Renton, WA 98055 Suite 200 Kirkland, WA 98033 Elizabeth Higgins John Nelson Mike Fulfer 1055 S Grady Way Peterson Consulting Engineering 1729 SE 7th Ct. Renton, WA 98055 4030 Lake Washington Blvd NE, Renton, WA 98055 Suite 200 Kirkland, WA 98033 Kayren Kittrick Becky Lamke Bently Oaks 1055 S Grady Way 415 Cedar Avenue S 1321 S 7th Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 Heritage Renton Hill Appeal and Preliminary Plat Hearings File Nos.: LUA00-149,AAD and LUA00-053,PP,ECF '•January 25, 2001 • Page 30 Ruth Larson Mark Mehihaff Doug Brandt 714 High Avenue S 532 Grand Avenue S 610 Renton Avenue S Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 Ann M. Gygi Nancy Liston Mark Johnson Hillis Clark Martin & Peterson 1518 Beacon Way S 316 Renton Avenue S 500 Gotland Building Renton, WA 98055 Renton, WA 98055 1221 Second Avenue Ryan Fike John Giuliani Dana Calhoun Bennett Development 1400 S 7th Street 433 Cedar Avenue S 9 Lake Bellevue Dr.,Suite 100-A Renton, WA 98055 Renton, WA 98055 Bellevue, WA 98005 Larry Hobbs Quentin Ellis Bill Collins Transportation Planning& 715 High Avenue S 420 Cedar Avenue S Engineering, Inc. Renton, WA 98055 Renton, WA 98055 2223 112th Avenue NE, Suite 101 Bellevue, WA 98004 Mark McGinnis = Wendy Fulfer Rosemary Grassi Geotech Consultants 1729 SE 7th Ct. 422 Cedar Avenue S 13256 NE 20th St., #16 Renton, WA 98055 Renton, WA 98055 Bellevue, WA 98005 Linda McManus Bait Bennett Jeff Schultek 530 Renton Avenue S 1800 SE 7th Ct. 613 Grant Avenue S Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 This report was mailed to other Parties of Record. A complete list of the Parties of Record is available in the Hearing Examiner's office. TRANSMITTED THIS 25th day of January, 2001 to the following: Mayor Jesse Tanner Gregg Zimmerman, Plan/Bldg/PW Admin. Members, Renton Planning Commission Neil Watts,Development Services Director Larry Rude, Fire Marshal Lawrence J. Warren,City Attorney Transportation Systems Division Jay Covington, Chief Administrative Officer Utilities System Division Councilperson Kathy Keolker-Wheeler Sue Carlson, Econ. Dev.Administrator Betty Nokes, Economic Development Director South County Journal Larry Meckling,Building Official • Heritage Renton Hill Appeal and Preliminary Plat Hearing. FildNos.: LUA00-149,AAD and LUA00-053,PP,ECF January 25, 2001 Page 31 Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,February 8,2001. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 110,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. lithe Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. . 1 I DE MENT P -,`RENTANING RESPONSES TO HEARING EXAMINER'S CONDITIONS JUL 1 6 2n 2 Heritage Renton Hill Plat For Final Plat Submittal RECEIVED City of Renton File Nos.LUA00-053 The following outline summarizes the Hearing Examiner's conditions for the preliminary plat approval in italics, followed by a narrative response explaining how the Hearing Examiner's conditions have been met for this project. 1. The plat should be reduced from 57 to 50 single family lots with a density of 6.02 dwelling units per acre. This falls within the permissible range of 5 to 8 dwelling units per acre. Response: This condition was satisfied during the engineering plan approval process. The final layout has been prepared for 50 lots. The final plat layout is nearly identical to the preliminary plat map except for the reduction in lot count and the elimination of some landscape tracts. 2. The applicant shall comply with the conditions imposed by the ERC. Response: Completed. See separate responses to ERC conditions. 3. The plat shall contain language acceptable to the City Attorney regarding the recreational and open space respectively and precluding development of them. Response: See Note 3 on Sheet 1 of the final plat. 4. All landscape tract areas,with the exception of the 5,402 sf tract located at the development entry,the 3,042 sf private `park", and the landscape area abutting the stormwater tract, shall be incorporated into lots already proposed within the plat. No additional building lots are to be created. A revised plan shall be submitted to the Development Services Division prior to receiving construction permits. Response: Completed. The final plat layout is nearly identical to the preliminary plat map except for the reduction to 50 lots and eliminating the landscape tract areas described by this condition. 5. Commonly held open space areas shall be enhanced,prior to occupancy,with landscaping including mixed deciduous and evergreen trees and plantings of native shrubs and groundcover. The applicant shall submit a landscape plan to the Development Services Department for approval. Response: Acknowledged as final plat item. The landscape plans will be completed for approval prior to final plat approval. 6. A Hold Harmless Agreement shall be recorded that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. Response:A Hold Harmless Agreement has been prepared for City review. 7. The applicant will have to secure in writing permission to use the Seattle pipeline road for emergency access. 7797.022 Response: It is our understanding that the agreement has been written by the City of Seattle and is currently on file with the City of Renton awaiting approval by the Mayor. A copy of the agreement will be provided to you when we receive it. 8. The homeowners would be required to maintain the open space tracts at the entrance and the park area. Response: Maintenance by the homeowners' association of the open space tracts at the entrance and the park area has been provided for in the homeowners' association documents. 7797.022 RESPONSES TO MDNS ADVISORY NOTES Heritage Renton Hifi Plat For Final Plat Submittal City of Renton File Nos.LUA00-053 The following outline summarizes the MDNS Advisory Notes in italics, followed by a narrative response explaining how the Advisory Notes have been addressed for this project. Plan Review-Sanitary Sewer 1. There is an existing 8"sewer main in SE 7th Court, adjacent to the north side of the proposed plat. The new project can be served by extending an 8"sewer main from this existing main through the proposed subdivision. Response: This condition was satisfied by engineering plan approval. 2. The conceptual sanitary sewer main shown on the drawing submitted for the formal application appears to be in order. Response: This condition was satisfied by engineering plan approval. 3. A sewer cleanout will need to be located five feet out from buildings. Response: Acknowledged as a building permit item. 4. Separate side sewers will be required for each parcel(no dual sewers). Side sewer lines must have a 2 percent slope. Response: This condition was satisfied by engineering plan approval. 5. All utility plans must comply with the City of Renton Drafting Standards. Response: This condition was satisfied by engineering plan approval. 6. Show finished floor elevations on the sewer construction plan sheet. Response: This condition was satisfied by engineering plan approval. 7. The vertical profile of the sewer main will be required. Response: This condition was satisfied by engineering plan approval. 8. The project is located in Aquifer Protection Area Zone 2. Response: This condition was satisfied by engineering plan approval. 9. Any new sewer mains are to be separated from water lines by a minimum of 10 feet. There is a 7.5 foot minimum separation from other utilities. 7797.022 rl 10. Sewer Development Charges of$585.00 per single family residence will be required for this plat. The fee for this project would be $16,380.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Response: This condition was satisfied by engineering plan approval. Plan Review-Water 1. There is an existing 6"water main in Jones Avenue S, an 8"water main in SE 7th Court, and an 8"water main stub to the north boundary of this parcel. Response: Acknowledged. 2. The proposed project is located in the 490foot water pressure zone. Static water pressure will range from approximately 40 psi at elevation 395 feet to 55 psi at elevation 360 feet. Response: This condition was satisfied by engineering plan approval. 3. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM fire flow and shall be located within 300 feet of the structure. This distance is measured along a travel route. Additional fire hydrants will be required as part of this project to meet this criteria. Response: This condition was satisfied by engineering plan approval. 4. The water main must be a looped system with two separate feeds. The conceptual utility plan needs to be modified to show the second feed to the existing 6"water main in Jones Avenue S. Response: This condition was satisfied by engineering plan approval. 5. Installation of 8"water mains in the interior streets of the plat to serve the domestic water meters and fire hydrants are required. Response: This condition was satisfied by engineering plan approval. 6. Connection to the 8"stub along the north property line is required(see plan W-2038). Response: This condition was satisfied by engineering plan approval. 7. Connection to the existing 6"water main in Jones Avenue S is required(see plan W-1156). The water conceptual utility plan shall be revised to show this connection. Response: This condition was satisfied by engineering plan approval. 8. Water System Development charges of$850.00 per new single family lot will be required for this. The charge for this plan would be $48,450.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. 7797.022 Response: This condition was satisfied by engineering plan approval. Plan Review- Stormwater Drainage 1. A conceptual drainage plan and drainage report was submitted with the preliminary plat application for this project and appears to be in order. Response: Acknowledged. 2. Drawings submitted to the City of Renton are to be on 22 inch x 34 inch sheets. The information pertaining to the City of Renton should be removed from the title block of the sheets submitted. Response: This condition was satisfied by engineering plan approval. 3. Before any construction or development activity occurs, a pre-construction meeting must be held with the City of Renton Development Services Division, Construction Services(425-277-5570). Response: This condition was satisfied by engineering plan approval. 4. The City of Renton retains the right to restrict the timing of land clearing and tree cutting activities to specific dates and/or seasons when such restrictions may be necessary for the public health, safety, and welfare, or for the protection of the environment. Response: Acknowledged as a construction item. The tree clearing has already been completed. 5. Surface Water System Development charges of$385 per new single family lot will be required for this plat. The fee for this project would be$21,945.00. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Response: This condition was satisfied by engineering plan approval. Plan Review-Transportation and Street Improvements 1. All electrical and communication facilities to be underground behind the sidewalk. If right-of-way space is not available, then in a utility easement. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. Response: Acknowledged as a building construction item. 2. Streets over 700 feet in length are required to have two means of access. Response: This condition was satisfied by engineering plan approval. Tract C provides the second access. 7797.022 • 3. Street lighting is required to meet City standards. Minimum lighting level is 6:1 uniformity ratio and 0.2 foot candle level. The street lighting conduit to be located under the sidewalk. Response: This condition was satisfied by engineering plan approval. 4. The minimum right-of-way width is 42 feet(modified from street standard width of 50 feet). Response: This condition was satisfied by engineering plan approval. 5. The cul-de-sac is required to have a minimum pavement radius of 45 feet and right-of-way radius of 55 feet. Response: This condition was satisfied by engineering plan approval. 6. A 5 foot sidewalk at the curb is required. Response: This condition was satisfied by engineering plan approval. 7. Payment of a Transportation Mitigation fee of$75 per new average weekday trip, estimated at 9.55 new trips per single family lot, will be required prior to recording of the plat. It has been estimated that this 57 lot plat would result in approximately 544.35 additional average(weekday)trips. The Transportation Mitigation Fee would be$40,826.25. Response: Acknowledged as a fee to be paid prior to final plat recording. Plan Review-General I. All required utility, drainage, and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. Response: This condition was satisfied by engineering plan approval. 2. The construction permit application(s) must include an itemized cost estimate for these improvements. Response: This condition was satisfied by engineering plan approval. 3. The fee for review and inspection of these improvements is 5 percent of the first$100,000 of the estimated construction costs;4 percent of anything over$100,000, but less than $200,000, and 3 percent of anything over$200,000. Half of this fee must be paid upon application for construction permits(preliminary plat improvements),and the remainder when the construction permit is issued. There may be additional fees for water service related expenses. Response: This condition was satisfied by engineering plan approval. 7797.022 4. An easement that meets City standards for ingress, egress, and utilities shall be provided by the applicant to the property abutting the east property boundary at a point within 200 feet of the northeast property corner of the proposed plat. Response: Satisfied by providing a 15-foot utility easement on Lots 29 and 30. It was decided by Elizabeth Higgins that the easement did not have to provide ingress and egress. (See e-mail dated February 4,2002.) Parks Department Review 1. Payment of a Parks Mitigation fee of$530.76 for each new single family lot will be required prior to recording of the plat. The Parks fee will be$30,253.32. Response: Acknowledged as a fee to be paid prior to final plat recording. Building Department Review 1. Demolition permits will be required. Response: Not applicable. There was nothing to demolish on site, and the site has already been cleared per engineering approvals. Fire Prevention Department Review 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. Response: This condition was satisfied by engineering plan approval. 2. Provide a 20 foot paved secondary emergency access from the cul-de-sac within the development to the Seattle Public Utilities Cedar River Pipeline Easement(Beacon Way SE). This would be an emergency access only and can be gated or chained. Response: This condition was satisfied by engineering plan approval. Tract C provides the emergency access. See Plat Note 4 on Sheet 2 of the final plat. 3. All building addresses shall be visible from a public street. Response: Acknowledged as a construction item. 4. A Fire Mitigation fee of$488 is required for all new single family lots. Payment is required prior to recording of the plat. The Fire Mitigation fee for the proposed project would be$27,816.00. Response: Acknowledged as a fee to be paid prior to final plat recording. 7797.022 Property Services Department Review 1. Comments will be provided under separate cover. Response: Acknowledged. Development Services Department Review 1. The site is designated Residential Single Family in the Comprehensive Plan. Response: Acknowledged. 2. The property is zoned Residential 8(R-8). Response: Acknowledged. 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre(dula)minimum and 8.0 du/a maximum. Response: Acknowledged. 4. Minimum lot size in the R-8 Zone is 4500 sf, with minimum width of 50 for interior lots and 60 for corner lots. The minimum permitted lot depth is 65 feet. Lot dimensions must be shown on the final site plan demonstrating that all lots meet these minimums. Response: Lot dimensions are provided on Sheets 3 and 4 of the final plat. 5. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. Response: Acknowledged as a residential building permit item. 6. Required setbacks in the R-8 Zone are 15 feet for houses and 20 feet for attached garages which access from the front when houses front streets created after September 1, 1995, 20 foot rear yard setbacks; 5 foot side yard setbacks for interior lots and 15 feet sideyard setbacks for corner lots. All setbacks are minimums. Setback dimensions should be shown on the construction drawings,but setback lines must be removed prior to recording the final plat. II Response: Acknowledged as a residential building permit item. Setback lines are shown on the engineering plans but not on the final plat. 7. The maximum building coverage in the R-8 Zone is 35 percent for lots over 5,000 sf or 50 percent for lots 5,000 sf or less. Response: Acknowledged as a residential building permit item. 7797.022 8. Dead end streets cannot exceed 700 feet in length, measured from the edge of the connecting street to the end of the cul-de-sac. Response: Satisfied by providing Tract C, emergency access tract. 9. Retaining walls in excess of four (4)feet require engineered drawings and a separate building permit. Response: Satisfied by obtaining the building permit for rockery. 10. Construction easements obtained from abutting property owners may be necessary prior to construction of retaining walls on or near property lines. These agreements must include protection measures for(or permission to potentially damage or remove)trees located on abutting properties within 20 feet of the property line. Response: None were required. 11. The applicant shall draft and record a maintenance agreement or establish a Homeowners' Association for the maintenance of all common improvements(access and utility easements, rights- of-way, and stormwater facilities). A draft of the document shall be submitted to the City of Renton for review and approval by the City Attorney prior to the recording of the preliminary plat. Response: Enclosed with this submittal. 12. Performance Standards for Land Development Permits (RMC 4-4-130K), including "Protection Measures During Construction" (RMC 4-4-130K7) relating to trees, shall be followed by the applicant. The applicant shall adhere to the definition of"tree"as found in RMC 4-11-200, "drip line"as found in RMC 4-11-040, and the measurement of trees as found in RMC 4-11-030. Response: This condition was satisfied by engineering plan approval. 13. The Washington State Department of Natural Resources may require a Forest Practices Permit for the conversion of timber land to another use. Response: A forest practices permit was obtained, and a copy is included in this submittal package. 14. The applicant should contact Paul Alexander of the King County Department of Transportation, Metro Transportation, Metro Transit Route Facilities at 206-684-1599, regarding Metro's requirements for potential transit service in the area (no service is currently available to Renton Hill). Response: Completed. A copy of Metro's response is included in this submittal package. 7797.022 DRAFT WAIVER AND HOLD HARMLESS AGREEMENT This Waiver and Hold Harmless Agreement is entered into this day of ,2002,by Heritage Arnold Associates,LLC,and the City of Renton. WHEREAS,Heritage Arnold Associates,LLC,a Washington Limited Liability Company(hereinafter referred to as "developer") and the original developer and owner of certain real property subject to a subdivision project known as the Heritage Renton Hill, which is a 10.35-acre tract located at S.E. 7th Court and Beacon Way S.E., Renton, Washington, (hereinafter referred to as the "Project"). This Project has received preliminary plat approval subject to conditions listed in the Hearing Examiner Decision under City of Renton File Nos.LUA00- 149,AAD,and LUA00-053,PP,ECF,and WHEREAS, the Hearing Examiner Decision approving the preliminary plat provides that the developer may improve the Heritage Renton Hill property with 50 single-family lots,and WHEREAS,condition No.6 of the Hearing Examiner Decision also requires the developer and the City of Renton to execute a "hold harmless agreement" that indemnifies the City of Renton from any damage resulting from subsidence that may occur due to previous subsurface mining activities. NOW,THEREFORE,Heritage Arnold Associates,LLC,hereby agrees and stipulates as follows: 1. Heritage Arnold Associates,LLC,agrees to indemnify,defend,and hold the City of Renton harmless from any damages, actions, or other costs, including attorneys fees and costs, arising from claims by third parties against the City of Renton or its officers, employees or agents, as relates in any manner to from any damage resulting from subsidence that may occur due to previous subsurface mining activities, for lots within the boundaries of the subject plat,and pursuant to this Agreement. HERITAGE ARNOLD ASSOCIATES,LLC CITY OF RENTON By By Its Its al • • oMelanie Seese 9/� From: Rob Armstrong [rarmstrong@barghausen.com] " I��(� Sent: Monday, February 04, 2002 8:38 AM V� To: Don Dawes; Ben Eldridge; Bill Sherman;file@barghausen.com Al Subject: FW: Heritage Renton Hill -7797 Original Message From: Arneta Henninger[mailto:Ahenninger@ci.renton.wa.us] Sent: Friday, February 01, 2002 2:05 PM To: Rob Armstrong Cc: Elizabeth Higgins; Kayren Kittrick; Neil Watts Subject: Heritage Renton Hill Hi Rob, The last time you were in you asked about revising the exit from the cul-de-sac. Elizabeth and I both looked at it and there appears to be no problem. Elizabeth also had the following comments after looking at the plan you used to show the new exit. Her comments follow: Elizabeth Higgins 01/31/02 03:38PM >>> I have reviewed the plan for the 50 lot (reduced from 57) Heritage Renton Hill Preliminary Plat. I have the following comments, some of which you may choose to pass along to Barghausen (not the original engineering firm) and Bill Sherman (not the original applicant). Please keep in mind that all of these issues are public knowledge from a highly visible process. 1) ERC mit measure#10 requires a 25' (not 20') rear building setback at the northeast corner lot (not shown thusly). The condition also requires a ten foot"no clearing area"within the rear setback. This was recommended by the geotechnical engineer due to the subsurface conditions at that locale (possibly unstable slope). The plan indicates a retaining wall 10'from the rear property line. Presumably there will be backfill behind this wall, which seems to defeat the purpose of prohibiting clearing to protect the slope. 2) Advisory Notes to Applicant, Plan Review-General#4 requires an easement, to the adjacent property, located within 200 feet south of the NE corner of the property. This is an easement to Mr.Wayne Jones' property. Mr. Jones provided the easement to the HRH property from River Ridge and requested this easement in writing. The note inadvertently stated the {I easement must be for access, egress, and utilities. While we cannot require access and egress we can require an easement for utilities and did so, I believe, in this note. No such easement is shown on the plan. 3)The residents of River Ridge were assured by the applicant, and staff, during the hearing, that there would be a "15'vegetative buffer"within the 20' setback along the north property boundary. This was one of that community's requests that was granted by the applicant and shown on the approved Preliminary Plat. Apparently,the engineer has now been told this is not necessary. The idea was to avoid having swing sets and lawn right up to the fences. "Landscaping" in that area is not the same as what was intended. 4) There are several shared driveways that are now shown as separate tracts. This is a no-no. 5) The eng has requested moving the emergency-only access farther north 1 . along the pipeline. Fire has approved this it,ocation. We will need to stay aware of two things, we already asked SPU for it in the original location and it will need to be located south of the gate across the pipeline easement. 6) Finally, I am curious about the pond that seems to be shown across the park tract and adjacent lot (#40). What is that all about? i . it 2 JUN-10-02 MON 10:42 AM SHERMPM HOMES FAX NO. 4258nrn139 P. 02 Erotic 1�Vashirt�,ic�u ll(iy_sihitc tt of Natural R�saurcc Subscriber: 5:3230 1 (�rt'yf Prif41 ces 1)lviSici P. O. 111)A 47012 OIyiul•,i:i, WA 98.501-7012 • HERITAGE ARNOLD ASSOCIATES LLC 2100124'1'li AVENUE N.L. SUITE 112 131's1.1.EVUF. WA 98005 • May 30, 2002 IPPA's to be included in this envelope: APPROVED 2408496 • Please see reverse side for MAPS legend, ' JUN-10-02 MON 10:42 AM SHERMPk' "OMES FAX NO. 4258P2939 P. 03 FOREST PRACTICE Site Characteristics MAP LEGEND Slate; -7 _ 1 r Elevation Contour SurveY & Y :eaicc 200-ft . Contour Administration ° 1 Rain on Snow Zone inszdr .._. Section ion Survey Line ouii-.7 Wildlife (PHS) Area . r.... .._.,�w. County BoundarEIXy Soils ' '�'"`'" DNA Aegion Boundary Highly Erodible Soils �J Hydric Soils i M Hap Registration Tic Forest practice Existing Activities Transportation 4 f Even Aged Harvest Paved Road Uneven Aged Harvest ;' -' = Unpaved Road - • ~ . ~ • Right-of-Way Boundary 1 1 1 T Chemical Boundary ..rw ,x "::, , Road (Surface Unknown) — x Planned Permanent Road i • Y . w . .v Mr.r.r...•.w..✓�.. Paved Road (on maps Planned Temporary Road prior to 4-12-93) _ r-- Abandoned Road `- -- Planned Reconstruction ludro r a p b y d Planned Road Maintenance I / / / / Enrihaul Area Type i stream RMZ 'Y'....".. 4 Type "/"""' Double-Sided RMZ ew 3 2 Stream a o �,.....__. .. � ype 3 Stream 4 Type Stream ) Green Recruitment Trees/ ryWildlife Reserve Trees Type S Stream UMA 's ; 11,,u,.11;iGii?-!I ikN;i Open Water - Unt cad F. 4. .. 4, I Wetland (type A. type B. / YR & Forested) En Opcn Water _ Typed Jo( Permanent Bridge Water Type Break Temporary Bridge Note to Applicant; culvert - Round In colvfpiasting the base map use the above In - Half Pipe symbols, or clearly label any modifications — Ford to thes-c symbols. EXtrfnlIk 4 CHM was used tithing compilation of ® Landing the accompanying +naps to enaurre accuracy. 5:' Rock Source Ifowevkr, duo to the need to rely on outside ltuces of infayrmation, the Department of © Waste Area .iturei nosemrces cannot accept responsibility for errors or omissions end therefore, there Chemical Mixing Area isro f+o warranties which accompany this mitterijl. JUN-10-02 MON 10:43 AM SHERMM' 40MES FAX Na 4258RF�939 P. 04 PPP #2408496 State of Washington )lec'-'=JlVc'c,i: 05/16/2002 Dept of Natural Resources Classified: CLASS IVG-4E Decision Date: 05/30/2002 DECISION ACTIVITY PACKET Expi.L•ati oli Date : 05/30/2004 I 711tfi Tay: Credit - NOT ELIGIBLE Legal : NW,NE of Section 20; T23R05E W.M. Parcel/Tax Lot # : 202305-9110 County: KING Region : SOUTH PUGET SOUND Assigned to; CYRIL MOYA Qperirt'or: Phone HERITAGE ARNOLD ASSOCIATES LLC (425) 602-3700 2100 124Tli AVENUE N.E. SUITE 112 BELT.INUiI; WA 98005 UPI : 6019G9704 Partnership [J-wr)downee: Phone : (425) 602-3700 nER1TAGB ARNOLD ASSOCIATES LLC 2100 124TH AVENUE N.B. SUITE 112 t-:EI,LF':VUE WA 98005 C+I; : 601.969704 Partnership Owclr:r. : Phone : (425) 602-3700 HV(ZIT'AC;E ARNOLD ASSOCIATES LLC 2100 121TI1 AVENUE N.E. SUITE 112 rit [,T,m/112 WA 98005 Ui31 : O19c 9704 Partnership Ttax# : 800059100 This application is APPROVED 1 subject to the following: Activity tinder this application must follow Washington State FOrOOL Practice Law- and Rules in addition to any conditions on t'u application. Compliance i.ance with this application does not ensure compliance with the Er4cianry:red Species Act or other Federal, State or Local laws . PPAN-240049G Conditions THE P0J,LOWJ;NG IS PROVIDED FOR YOUR INFORMATION: RCW 76 . 09 . 220 (8) provides any aggrieved person the right to appeal the approvcl or disapproval of a forest practices application. RCW 4;1 . 21c'. 07 5 provider any aggrieved person the right to appeal ' JUN-10-02 MON 10:43 AM SHERMAN WOMES FAX Na 42588R1939 P. 05 Packet Created: 05/30/2000 I P11 #24 054 6 State of Washington 1',Ocreived; 05/16/2002 Dept of Natural Resources Classified: CLASS IVG 4E Deci.riion Date: 05/30/2002 DECISION ACTIVITY PACKET Expiration Date: 05/3 0/2004 is:,uw;: arising under, the State Environmental Policy Act. Appeals rnus;t hr: filed within 30 dayn of the approval or disapproval of the forest: px•acticos application. Appeals must be filed with the FOREST PRACTICES APPEALS BOARD, PO BOX 40903, 4224 6TH AVE SE BLDG #{2, LACEY WA 90504 -0903 . Appeals must he filed in writing on the form required in Title 223-08 . Concurrently with filing of the Forest Practices Appeals Board, copies of the appeals must also be filed with the OFFICE OF THE SUPERVISOR, DEPT OF NATURAL RESOURCES, 1111 WASHINGTON ST SE, TH PLOOR Nnri'UR..l1I, RESOURCES BLDG. , PO BOX 47001, OLYMPIA, WA 98504-7001, and with the ATTORNEY GENERAL, PO BOX 40100, OLYMPIA, WA 98504-0100 . No TRAXS Flags — — Within city limits? NO Tlarvest: within 50() ft of park? YES Park; PHILIP ARNOLD P Harvest Within park? NO L4ind platted after 1/1/60? NO iutenls to convert w/in 3 years? YES RL:rr3 Conversion Option Harvest Plan? NO WATFR AND WETLAND INFORMATION SECTION Water Type Wetlands Type Works i.ii Waters 1 2 3 4 5 Forested A B oacl c'ott:.trttclion Tu "� ]: Watis i Crossing . . 1'a l l incj / Bucking . . (:nhic: Yarding fluspe_md Cabins . . Cround Skidding . Opxrit_ri Equipment • . AF'ply. Chemicals . Other Activity . . . . . Operating w/in 200 £L of type 1-3 water? NO Distance : 0 Operating w/in 25 IL of type 4-5 water? NO Aware of 'my water intakes w/in 1/2 mile downstream? NO TIeno to he r-Lmovod from max. width RMZ? NO Is this project in or near a wetland? NO Will this project fill / drain a wetland? NO + JUN-10-02 MON 10:44 AM SHERMPk"'OMES FAX NO. 4258Pcx939 P, 06 Packet Created; 05/30/200�' IPA 1-t2 013496 State of Washington I?e eived: 05/1E/2002 Dept of Natural Resources Classified;D :ui:jirn7 D;Ate ; 05/30/2002 DECISION ACTIVITY PACKET fzed; CLASS IVG-4= I;xp:i:►.-nt iort Date: 05/30/2004 ROAD CONSTRUCTION SECTION ii Typo of construction Length (ft) Endhaul (ft) Steepest pest Slope No Road C: atruct ion Activities TIMBER HARVEST SECTION Dull Type of Past-Harvest Method of Tot hary Acres Volume Volume No. Harvest Trees/Acre Harvest App GIS Percent ..,.��.._.-_......_ _.�...._—.,..-----_, . ,_�_..... (MBP) 1 UNEVEN AGE 0 CABLE 10 .4 13 .4 100 33 Double-wide RMZ for green-up? NO Unit tO la•:: reforested? NO LA * I:cfc>rc,:;,t'..=1t-:ion not required per WAC 222-34-010 - 50 *** MA Acres : NONE Length of RM: NONE 1i(mcjl;h of WWI: NONE AERIAL CHEMICAL, APPLICATION SECTION Type of: Ch mic al Application: NONE Dept_ of Agriculture Experimental Use Permit? NO APPLICANT PROVIDED DETAILS OF Tills 30 , 35 ACRE SITE, APPROXIMATELY 10 .3 ACRES WILL BE HARVESTED. IN ORDER T' CONSTRUCT GRADING, DRAINAGE, AND UTILITY IMPROVEMENTS FOR A 50-LOT PLAT. CLEARING I,.T.M.ITS WILL BE MARKED WITH SILT PENCE AND RIBBONS . JUN-10-02 MON 10:44 AM SHERMA" "ONES FAX NO. 4258P 39 P. 07 Packet Created: 05/30/200r► / PA 42408496 State of Washington Re;ccsived : 05/16/2002 Dept of Natural Resources Classified: CLASS IVG 4 `_ I:)ecWi on Date : 05/30/2002 DECISION ACTIVITY PACKET 1' Xp.t.r"cif:1C)11 Date: 05/30/2004 DNR STAFF COMMENTS RM; 1.100!;7 SIIUTDOWN ZONE 657 COUNTY WAIVES 14 DAY REVIEW NO RMAP # 5/24/02- CHANGED FORFSJ'l;R FROM LARRY PRY TO CYRIL MOYA END OF REPORT - FPA #2408496 FAX Na 425882039 P. 08 1JUN-10-02 MON 10:45 AM SNERMAm uOMES . . Packet Created : 05/30/200 ! FOREST PRACTICE ACTIVITY VAR . , _ ro Iii Iti c I I I 11 2 3 N 0 I? I li , RANGE 05 EAST W . M . 3 , SECTION 1 7 1. 0 4 li tl 1! 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"li DISCLAIMER : See Legend GHays CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES c i June 7,2002 J • ZSe" <T-NG ENG\N, Paul Alexander King County Department of Transportation Metro Transit Planning, KSC-TR-0413 201 South Jackson Street Seattle,WA 98104-3856 RE: Verification of Bus Route on Beacon Way S.E. at South 7th Street for Heritage Renton Hill Plat City of Renton File No. LUA00-053/Permit No. U020045 Our Job No.-7173 P - - Dear Paul: Per City of Renton SEPA MDNS Advisory Note No. 14(copy enclosed),this letter is written to verify Metro requirements for future transit service in the area of Beacon Way S.E.at South 7th Street. Heritage Renton Hill is a 50-lot single-family development located on Beacon Way S.E. Please review the enclosed plan for Heritage Renton Hill so that you are familiar with the location of this project. If Metro has no requirements of this project for future transit service,please verify that by signing this letter in the area provided, and return it to my attention at this office. If Metro has any requirements for future transit service,please contact me as soon as possible for additional coordination. If you have any questions or need additional information,please do not hesitate to contact me at this office. Thank you. Sincerely, /6/1 Kris Nelson Permit Specialist 7797C.015 enc: (1)copy Sheet 1 of 1 ` oZ (1)copy City of Renton MDNS Advisory Notes �S' cc: Bill Sherman,Wm. Sherman&Co.,Inc. Ryan Fike,Bennett Development L er. . �So . Fred Herber,Bennett Development t G p�" "` ('--- I' Robert J. Armstrong,Barghausen Consulting Engineers,Inc. Ben H. Eldridge,Barghausen Consulting Engineers,Inc. COoV-A- I>) e'z. &t: • h 4-c,v4 X Q(A 5 LQ-C. ,t -a�4_� (0-t 3 -o rw �vU k,r Signature Date f— Ct P t42 lJ 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com 0i/16/2002 08:33 FAX 425 251 878 - BARGHAUSEN -> GHAUSEN SURVE [j002 . 07/16/2002 08:27 FAX 253 471 5560 FIRST AMERICAN UNIT 1 [ 1002 O �•, FRFMONNiNG ,/ U First American Title Insurance. Company • 3866 SOUTH 74111 STREET TACOMA, WA 98409 (253) 471-1234 1-800-238-8810 FAX (253) 471-5560 TITLE UNIT I BUILDER/DEVELOPER SERVICES SHARI WORKMAN . JEFF WONG - JENNIFER SINCLAIR RANDY EIUDSON TITLE OFFICER ASSISTANT TITLE TITLE ASSISTANT TITLE OFFICER (253) 471.5573 OFFICER (253)471-5567 (253) 471-5568 (253) 471-5581 FOURTH REPORT SUBDIVISION GUARANTEE ORDER NO. P859229-1 LIABILITY! $1_)00_00 FEE: 200.00 TAX: 517.00 • REFERENCE NO.; NONE •- - FIRST AMERICAN TITLE INSURANCE COMPANY. A CALIFORNIA CORPORATION. HEREIN .• CALLED THE COMPANY. SUBJECT TO 'FHB LIABILITY EXCT-USIONS AND LIMITATIONS SLI' FORTH BELOW AND IN SCHEDULE A GUARANTEES BENNF1T DEVELOPMENT HEREIN CALLED THE ASSURED AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY • AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OP ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A.. LIABILITY EXCLUSIONS AND LIMITATIONS • I. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY. LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2_ THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH. BUT IN NO EVENT SHALL THE. COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE 3. THIS GUARANTEE 1S RESTRICTED TO TILE USE O1• '111E ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58.17. R.C.W.. AND THE LOCAL • REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID • PROPERTY. • DATED: JUI Y 3, 2002 AT 8:00 A-M- Page ( 0'1/16/2002 08:33 FAX 425 251 87 BARGHAUSEN tGHAUSEN SURVE _I1003 07/16/2002 08:27 FAX 253 471.55E FIRST AMERICAN UNIT 1 V)003 SUBDIVISION GUARA.NTEE ORDER NO. P859229-1 SCHEDULE A • THE ASSURANCES REFERRED TO ON THE FACE PAGE, ARE: -. • A. TITLE IS VESTED IN: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY a THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO TIlE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), 11IERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: 1. UNPATENTED MINING CLAIMS. RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORJYING THE ISSUANCE THEREOF_ ?_ WATER ER RIGHTS, CLAIMS OR TITLE TO WATER 3. TAX DEEDS TO THE STATE OF WASHINGTON. • 1. DOCUMENTS PERTAINING TO MINERAL ESTATF.S. DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 23 NORTH_ RANGE 5 EAST. W_M_, IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTH 39°5G'36" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.64 FELT TO THE NORTHEAST CORNER'OF SAID SUBDIVISION: THENCE SOUTH 01°43'45" WEST ALONG THE EASTERLY LIMITS OF SAID SU1DIVISION A DISTANCE OF 818.51 FEET: , • THENCE SOUTH 71°06'0.1" WEST A DISTANCE OF 109.56 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY: THENCE NORTH 44°19'40" WF.ST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1.148.18 FEET TO A POINT ON THE WESTERLY UM11S OF SAID SUBDIVISION; THENCE NORTH 01"4537" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33:U FE) 1' To THE TRUE; POINT OF BEGINNING. IN KING COUNTY. WASHINGTON. Page 2 0-/16/2002 08:34 FAX 425 251 878; BARGHAUSEN - - _GHAUSEN SURVE 1t1004 07/16/2002 08:27 FAX 253 471 5581 FIRST•A1MERICAN UNIT 1 i1004 ORDER NO. P859229-1 RECORD MATTERS: I. GENERAL TAXES:. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCT01BER 31ST. YEAR: 2002 AMOUNT BILLED: $18,754.72 AMOUNT PAID: $0.00 AMOUNT DUE: S18,754.72_ PLUS INTEREST AND PENALTY. IF DELINQUENT TAX ACCOUNT NO.: 202305.9110-02 ASSFSSED VALUE OF LAND: $1,632,000.00 ASSESSED VALUE. OF IMPROVEMENT: $0.00 2. DELINQUENT GENERAL TAXES. YEAR: 2001 AMOUNT BILLED: $4,522.57 AMOUNT PAID; $5.00 AMOUNT DUE: $4,517.57, PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 202305-9110-02 ASSESSED VALUE OF LAND: $1,512.000.00 ASSESSED VALUE. OF IMPROVEMENT: $0.00 3. DE_FS) OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LLABILITy COMPANY TRUSTEE; NORTHWEST FINANCIAL CORPORATION BENEFICIARY: BANNER BANK AMOUNT; $4.293,000.00 DATED: OCTOBER 10, 2001 RECORDED: OCTOBER 24, 2001 RECORDING NO.; 20011024002127 (INCLUDES OTHER PROPERTY) 4_ EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 19, 1991 RECORDING NO.: 0108190683 IN FAVOR OF; RENTON SCHOOL DISTRICT NO. 403 FOR: CITY OP RENTON, A MUNICIPAL CORPORATION OF THE STATE OP WASHINGTON 5. TERMS AND CONDITIONS OF CLAIM OF ADVERSE POSSESSION RECORDED MAY 10, 2002 UNDER RECORDING NO. 20020510001921. ANY SKETCH ATTACHED HERETO TS DONE SO AS A COURTESY ONLY AND 1S NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON IT. RJ/DH:EIH:ETH:EI H Page 3 • \1 f I: � I First American Title Insurance Company 3866 SOUTH 74TH STREET TACOMA. WA 98409 (253) 471-1234 1-800-238-8810 FAX (253) 471-5560 TITLE UNIT I BUILDER/DEVELOPER SERVICES RANDY HUDSON SHARI WORKMAN COLLEEN FRANZ .IENNIFER SINCLAIR TITLE OFFICER TITLE OFFICER TITLE ASSISTANT TITLE ASSISTANT (253) 471-5568 (253) 471-5573 (253) 471-5581 (253)471-5567 SECOND REPORT SUBDIVISION GUARANTEE ORDER NO. P859229-I LIABILITY: S I.000.00 FEE: 200.00 'FAX: S 17.00 REFERENCE NO.: NONE FIRST AMERICAN TITLE INSURANCE COMPANY. A CALIFORNIA CORPORATION. HEREIN CALLED THE COMPANY. SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES BENNETT DEVELOPMENT HEREIN CALLED THE ASSURED. AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY. LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH. BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. 3. THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58.17. R.C.W.. AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY. DATED: MAY 24. 20112 AT tia11) A.M. Page SUBDIVISION GUARANTEE ORDER NO. P859229-I SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A. TITLE IS VESTED IN: HERITAGE ARNOLD ASSOCIATES LLC. A WASHINGTON LIMITED LIABILITY COMPANY B. THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME). THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF.-OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: I. UNPATENTED MINING CLAIMS. RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. '. WATER RIGHTS. CLAIMS OR TITLE TO WATER. 3. TAX DEEDS TO THE STATE OF WASHINGTON. 4. DOCUMENTS PERTAINING TO MINERAL ESTATES. DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M.. IN IERC E COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION. SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°56'37" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01°43'38" WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.33 FEET: THENCE SOUTH 7I°05'1 2" WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEATTTLE'S CEDAR RIVER PIPELINE RIGHT OF WAY: THENCE NORTH 44°20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF l.I48 20 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUI3DIVISION: THENCE NORTH 0I°46'02" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.14 FEET TO THE 'TRUE POINT OF BEGINNING. IN KING COUNTY. WASHINGTON. Page 1 ORDER NO. P859229-I RECORD MATTERS: GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2002 AMOUNT 131 L.I..ED: $18,754.72 AMOUNT PAID: $0.00 AMOUNT DUE: $18,754.72. PLUS INTEREST AND PENALTY. IF DELINQUENT TAX ACCOUNT NO.: 202305-9110-02 • ASSESSED VALUE OF LAND: $1.632,000.00 ASSESSED VALUE OF IMPROVEMENT: $0.00 '_. DELINQUENT GENERAL TAXES. YEAR: 2001 AMOUNT BILLED: $4,522.57 AMOUNT PAID: $5.00 AMOUNT DUE: $4,517.57. PLUS INTEREST AND PENALTY TAX ACCOUNT NO.: 202305-9110-02 ASSESSED VALUE OF LAND: $1,512,000.00 ASSESSED VALUE OF IMPROVEMENT: $0.00 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: NORTHWEST FINANCIAL CORPORATION BENEFICIARY: BANNER BANK AMOUNT: $4,293,000.00 DATED: OL TOBER 10, 2001 RECORDED: OCTOBER 24, 2001 RECORDING NO.: 20011024002127 (INCLUDES OTHER PROPERTY) 4. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 19, 1991 RECORDING NO.: 9108190683 IN FAVOR OF: RENTON SCHOOL DISTRICT NO. 403 FOR: CITY OF RENTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON 5. TERMS AND CONDITIONS OF CLAIM OF ADVERSE POSSESSION RECORDED MAY 10, 2002 UNDER RECORDING NO. 20020510001921. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON IT. RJ/DH:I:JH Page 3 t >tt. tti • � t •,,- • a`A \�j '� First American Title Insurance Company 3866 SOUTH 74TH STREET TACOMA, WA 98409 (25-1) 471-1234 1.800-238-8810 FAX (253) 471-.5560 TITLE UNIT I BUILDER/DEVELOPER SERVICES RANDY HUDSON SHARI WORKMAN COLLEEN FRANZ .IENNIFF.R SINCLAIR TITLE. OFFICER TITLE OFFICER TITLE ASSISTANT 'FiTLE ASSISTANT (253) 471-5568 (253) 471-5573 (253) 471-5581 (253)471-5567 SUBDIVISION C1I JARANTE.F. ORDER NO. P859229-I I.IARILTIY. $1,000.00 FEE: 200.00 TAX: $17.00 - RE1'ERENCE: NC).: NONE FIRST[- AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION. HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH RE..I.OW AND IN SCHEDULE. A GUARANTEES BENNETT DEVELOPM1 N(- HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT S.I.A I LI) ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE. A. LIABILITY EXCLUSIONS AND LIMITATIONS I. NO GUARANTEE. IS GIVEN NOR LIABILITY ASSUMED WI•il l RESPE:C I. TO THE VALIDITY. LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2. THE C"OMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THF. LIABILITY AMOUNT SET FORTH ABOVE. 3. 1•1115 (;UARANTEE IS RESTRICTED TO THE USE. OF TIIF. ASSURED FOR IHE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND 1'URSUAN'1- 'I-C) THE PROVISIONS OF CHAPTER 58.17, R.C'.W . ANL) 111E LOCAL RECGDI.A'PIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE.. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPER]Y. DATED: OCfOBER 29, 2001 AT 8:00 A.M. Page 1 SUBDIVISION 011ARAI ORDER NO. I'R59229-1 sciimuLF A THE ASSURANCES RF.FF.RRFT) TO ON THE FACE PAGE: ARE: A. TITLE IS VESTED IN: HERITAGE AGE ARNOLD ASSOCIATES [.I.C, A WASHINGTON LIMITED LIABILITY COMPANY • B. THAT AC(::ORDING To 771E COMPANY'S TITLE PLANT RECORDS RELATIVE TO "TILE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), TIIERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REA1. PROPERTY OR ANY PORTION THEREOF. OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE. COVERAGE OF THIS GUARANTEE: 1. [1NPATENTEF) MINING CLAIMS. RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. 2. WATER RICHES. CLAIMS OR TITLE TO WATER. 3 TAX DEEDS TO THE STATE OF WASHINGTON. 4. DOCUMENTS PERTAININCI TO MINERAL ESTATES. DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, 'TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN PIERCE. COUNTY, WASHINCrTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE. NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING 'THE TRUE; POINT OF BEGINNING; TI FENCE SOUTH 89°56'37" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 FEET To THE NORTHEAST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01'43'38" WEST ALONG TIE: LASFERLY LIMITS OF SAID SUBDIVISION A 1)ISl"ANCE or 818.33 FEET; THENCE SOIJTII 71°05'I2" WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE. NORTHEASTERLY MARGIN OF THE CITY OF SEATTI.F..'S CEDAR RIVER PIPELINE RiG[ff OF WAY: -THENCE NORTH 44°20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1,148.20 1:1.L F TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH 01°46'02" EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.14 FEET TO 7'IIL "["RUE POINT OF BEGINNING, 1N KING COUNTY, WASHINGTON. RECORD MATTERS: Page 2 F.C)' rl c-Ccocrsir.. a .-- ---__- — ORDER NO. PR59229-I LIABILITY.Y. IF ANY, FOR PRO-RATA PORTION OF REAL. PROPERTY FAXES WHICH ARL CARRIED ON 'I IIE PIERCE COUNTY TAX ROLLS AS EXEMPT FAX ACCOUNT NO.: 202305-9110-02 A SPECIAL ASSESSMENT IN THE AMOUNT OF $5.00 HAS BEEN PAID IN FULL 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: ( RAN I OR: HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY I RUS I LL?. NORTHWEST FINANCIAL CORPORATION BENEFICIARY: BANNER BANK AMOUNT: $4,293,000.00 f)ATF:I): OCTOBER 10, 2001 RECORDED: OCTOBER 24, 2001 RECORDING NO.: 20011024002127 (INCE.f IDES OTI IEK PROPERTY) 3. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 19, 1991 RECC)Rf)IN(; NO. 9/08190683 IN FAVOR OF: RENTON SCHOOL DISTRICT NO. 403 FOR: CITY OF RF.NTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON ANY SKETCH ATTACHED IIERL1O IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE. OF ASSISTING IN LOCATING TIlF. PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WIII(_TI MAY RESULT FROM RELIANCE MADE UPON IT. RJ/DH Page 3 -1330.25 1.16 9-5pl. c7 —36w '1'\.. '.:7;,,. :L ) I ; '*Jos VI I w• �) % dyAiI3Bi:a) •.. 20 • o ¢ .' ,a' %+a.''s!;`s+ t. •? cV I` ti Z 1,}v✓ 4o'S. .:,,," . •'. e,0cr N ' 00 1 ' -..,N;,:7,.rj.. .7 --...), •1 iskiase."rr4:''''.. 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CO EP / � v o y 1331.36 -3�\, tv38 '/ 11- --���R \ jam.,.- ., rc AM E R 4c, „, Nxs,, az:\NS\ 11 //LE: kikt FirstAmerican Title Insurance Company COPIES OF DOCUMENTS 11 AFTER RECORDING MAIL TO: HERITAGE ARNOLD ASSOCIATES LLC /'00 ia 9 LAKE BELLEVUE DR STE 213 L 11024002126 BELLEVUE, WA 98005 FIRST AMERICAN WO 10.00 PAGE 001 OF 003 10/24/2001 14:12 KING COUNTY, 4A E1848351 10/24/2001 14:12 KING COUNTY, 3EZZA 10 Filed for Record at Request of sALE $11. PAGE 001 OF 002 First American Title Company First American 75ale Escrow Number 37008SSI Insurance Company Statutory Warranty Deed Grantor(s): RENTON SCHOOL DISTRICT NO. 403 Grantor(s)•HERITAGE ARNOLD ASSOCIATES LLC FA 3 I`�Sj� 15 Abbreviated Legal: SECTION 20, T23N, R5E, NW 1/4 NE 1/4 Additional legal(s)on page- 1 Assessor's Tax Parcel Number(s)• 202305-9110-02 THE GRANTOR RENTON SCHOOL DISTRICT NO. 403, A MUNICIPAL CORPORATION OF um THE STATE OF WASHINGTON ru for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION • m hand paid,conveys and warrants to HERITAGE ARNOLD ASSOCIATES LLC, a Washington o Limited Liability Company the following described real estate,situated in the County of KING ,State of Washington- N i o SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: easements, restrictions, reservations and provisions as o attached hereto as EXHIBIT "B". N Dated this 2nd day of October, 2001 By RENTON SCHOOL DISTRICT NO. 403 By By By DEPLORES J. LBWS, authorized signator STATE OF WASHINGTON County of KING ) SS I certify that I know or have satisfactory evidence that Delores J. Gibbons the person who appeared before me,and said person _acknowledged that she signed this instrument.on oath stated that she is authonzed to execute the instrument and acknowledge it as the Superintendant and authorized signor of Renton School District No. 403 to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument Dated OLie e- /9,.lw t pi l(.4kkrtd- Notary Public in and for the State of WASHINGTON Residing at 4.4(9,-% y. '-� My appointment expires: 7 tliog. r �~^ KN • P,gc l LPB-10 Exhibit A LEGAL DESCRIPTION THAT PORTION OP THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARILR OP SECTION 20,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M,TN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE SOUTH 89'56'37" EAST ALONG THE NORTHERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 01°43'38"WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 818.33 FEET; THENCE SOUTH 71.(15'12"WEST A DISTANCE OF 109.48 FEET TO A POINT ON THE NORTHEASTERLY MARGIN OF THE CITY OF SEA ITLE'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44°20'15" WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148 20 FEET TO A POINT ON THE WESTERLY LIMITS OF SAID SUBDIVISION; THENCE NORTH 01°46'9:"EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33.14 FEET TO THE TRUE POINT Oc BEGINNING. N •- I C'V CV r • Page 2 LPB-I0 EXHIBIT B EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: RENTON SCHOOL DISTRICT AND: CITY OF RENTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON RECORDED: AUGUST 19, 1991 RECORDING NO: 9108190683 A RECORD SURVEY RECORDED MARCH 30, 2000 UNDER RECORDING NO.20000330900003 •V N f AFTER RECORDING RETURN TO: Banner Bank _ _ 18911 North Creek Parkway#101 , Bothell,WA 98011-8030 ATTN:Cary Hartel 20011 p 4002127 FIRST A1ttiAI1 CAN OT 16.00 P e2eiOF000 K ING4COUNTY 41Jii2 DEED OF TRUST Security Agreement and Assignment of Rents FA 3':19i8 Section 20 Township 23 N Range 5E NW Quarter Ne 9 THIS DEED OF TRUST is made this 10th day of October, 2001, between HERITAGE ARNOLD ASSOCIATES LLC, A WASHINGTON LIMITED LIABILITY COMPANY as Grantor, whose address is NINE LAKE BELLEVUE DRIVE, SUITE 204, BEI I.FVUE, WA 98005 and NORTHWEST FINANCIAL CORPORATION, A WASHINGTON CORPORATION, as Trustee, whose address is P.O Box 907, Walla Walla, Washington, 99362 and BANNER BANK, whose ov address is 10 S First St,Walla Walla,Washington,99362,as Beneficiary Grantor hereby irrevocably conveys to Trustee, in trust, with the power of sale, all Grantor's interest in that real property located at NNA BEACON WAY SOUTHEAST, RENTON, WA 98055 described in Exhibit "A", which is attached hereto and incorporated herein by reference, together with all the tenements, hereditaments and appurtenances, now or hereafter belonging or in anyway appertaining, and the rents, issues and profits thereof and the proceeds of any contract sales, and all other property or nghts of any land of nature whatsoever now owned or hereafter acquired 0 o Assessor's Property Tax No 202305X1R Z-9110-02 PURPOSE This Deed is for the purpose of securing performance of each agreement of Grantor contained herein and to secure the payment of S4,293,000 00 with interest thereon payable to Beneficiary or order and made by Grantor, as incorporated herein by reference, all renewals, modifications, or extensions thereof, including any future advances,with interest theieon, made by Beneficiary to Grantor,pursuant to covenant 15 hereof, and such other amounts as may become payable to Beneficiary,pursuant to the terms thereof This Deed secures the payment of the Note,evidencing the Debt, which is of even date and matures on April 1,2003 In addition this Deed is for securing performance of every other obligation of Grantor to Beneficiary now existing or hereafter undertaken, including interest thereon at such rates as are set forth in the instruments establishing such obligations Moreover, except as otherwise explicitly allowed by any other term of the Loan Documents establishing a right to a partial reconveyance of the Deed of Trust, Beneficiary shall not be required to reconvey all or a portion of its security under the Deed of Trust until all such obligations have been fully satisfied COVENANTS To protect the security of this Deed of Trust,Grantor covenants and agrees 1 Taxes To pay before delinquent all lawful taxes and assessments upon the property and upon this Deed of Trust or upon the money or debts secured hereby Page 1 of 7 Should Grantor fail to pay any taxes, assessments, insurance premiums, liens or other charges payable by Grantor, Beneficiary may pay the same and the amount so paid with interest at the rate set forth in the note secured hereby shall be added to and become a part of the debt secured by this Deed of Trust 2 Insurance To keep all improvements on the premises insured against loss or damage by fire or other hazard in a safe reliable company approved by the Beneficiary, in an amount not less than eighty percent (80%) of the total replacement cost new All policies shall be held by the Beneficiary with the loss payable first to the Beneficiary as his interest may appear and then to the Grantor. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Beneficiary may request in its Letter of Commitment Should the real property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance in the amount of the full unpaid balance of the loan The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine Such application of the proceeds shall not cause discontinuance of any proceedings to foreclose this Deed of Trust In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale 3 Reserves for Property Assessments Grantor shall pay, in addition to the periodic payments payable under the Note evidencing the debt secured by this Deed of Trust a sum equal to one-twelfth of the annual assessments for real estate taxes, hazard insurance premiums, assessments, rent (if subject property is a o leasehold), all as reasonably estimated initially and from time to time by Lender, in Lender's o sole discretion (herein "funds") Any waiver by Lender of a requirement that Borrower pay such funds may be revoked by Lender, in Lender's sole discretion, at any time upon notice in writing to Borrower Lender shall apply these funds to pay said taxes, insurance premiums, o assessments, rents, and other impositions effecting the subject property securing the loan Lender shall provide borrower with an accounting,without charge,an annual accounting of the •ez, funds in Lender's normal format showing credits and debits to the funds and the purpose for cp�. which each debit to the funds was made The funds are pledged as additional security for the sums secured by this Deed of Trust Lender may provide the Borrower with the option of lower payments or a cash refund if there is an excess in the fund for payment of assessments effecting the property,or in the alternative, if there is a shortage in the account the Lender may require the Borrower to make higher periodic payments or to make one cash payment to eliminate the shortage Upon Borrower's breach of any covenant or agreement made between Borrower and Lender, Lender may apply these funds to pay the assessments which effect the subject property, or to apply these funds to the sums secured by this Deed of Trust Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any funds held by Lender 4 Repair To keep the property in good condition and repair, to permit no waste thereof,to complete any improvement or structure being built or about to be built thereon, to restore promptly any building, structure or improvement thereon which may be damaged or destroyed, to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property, to permit no liens to be placed thereon, or if so placed, to take action to have such lien promptly removed or satisfied 1 5 Protect Security To defend any action or proceeding purporting to affect the security hereof or the rights or power of the Beneficiary or Trustee, and to pay all costs and expenses, including costs of title search and attorney fees paid out by the Beneficiary to protect the security hereof The Grantor shall not, without first obtaining the Beneficiary's wntten consent, change the general nature of the occupancy, initiate any zoning reclassification, approve a Local Improvement District assessment, or approve or allow the placing of any encumbrance on the property which would take priority over Beneficiary's secured interest, or do or suffer any act or thing which would impair the security for the debt or the Beneficiary's lien or the priority thereof upon the Page 2 of 7 property or the rents thereof In the event of breach of any of the requirements of this paragraph, the Beneficiary may, in addition to any other rights or remedies, at any time thereafter,declare the entire indebtedness secured hereby immediately due and payable 6 Personal Property Security This Deed of Trust shall be deemed a security agreement, as defined in the Uniform • Commercial Code as adopted or amended by the state in which the property is located, and the remedies for any violation of the covenants, terms and conditions of the agreements contained herein shall be as prescribed herein,or by general law,or as to such part of the security which is also reflected in said financing statement by the specific statutory consequences now or hereafter enacted, and specified in the Uniform Commercial Code as enacted by the State of Washington, all at Beneficiary's sole election Grantor and Beneficiary agree that the filing of such financing statement and the records normally having to do with personal property shall not be construed from impairing this declaration and the hereby stated intention of the parties that everything used in connection with the production of income from the property and/or contracts adapted for use therein and/or any other property which is described or reflected by the security of this Deed of Trust and at all times and for all purposes in all proceedings,both legal and equitable, shall be regarded as part of the real estate, whether physically attached or specifically identified or not The remedies available to the Beneficiary for any violation of the provisions of such security agreement shall be as provided by specific statutory provision or as prescribed herein,at the Beneficiary's option 7 Court Costs and Fees • To pay costs and reasonable attorney fees in any suit brought by Beneficiary to foreclose this Deed of Trust, to pay all costs, fees and expenses of this trust, including the expenses of the Trustee incurred in enforcing this obligation,and to pay reasonable Trustee and attorney fees as provided by statute • v i MUTUALLY AGREED 0 1 Condemnation • NIn the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award shall be paid to the Beneficiary to be applied as a payment to the obligation secured Any portion of the award in excess of the obligation secured shall be paid to the Grantor 2 Not Agricultural The real property hereby conveyed is not used principally for agricultural or farming purposes 3 Waiver Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any nght or remedy The acceptance by Beneficiary of payment of any sum secured by this Deed of Trust after the due date of such payment shall not be a waiver of Beneficiary's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the indebtedness secured by this Deed of Trust,nor shall the receipt of any awards,proceeds or damages operate to cure or waive Grantor's default in payment of sums secured by this Deed of Trust 4 Reconveyance by Trustee The Trustee shall reconvey all or part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon • satisfaction of the obligation secured and written request for reconveyance made by the • Beneficiary or the person entitled thereto Page 3 of 7 5 Default • Upon default by Grantor in the payment of any indebtedness secured hereby or upon breach of any promise made in this Deed of Trust or in any other agreement between the borrowers, or any of them and BANNER BANK,or its assignees, including without limiting the generality of the foregoing Deed of Trust, Security Agreement, Assignment of Leases and Rents, Construction Loan Agreement of even date(if applicable),together with Letter of Commitment • dated OCTOBER 3, 2001 of BANNER BANK, addressed to HERITAGE ARNOLD ASSOCIATES, LLC in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary In such • event and upon written request of the Beneficiary, the Trustee may sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder Any person may bid at the Trustee's sale At the Trustee's sale, all property held as security, whether real, personal, or mixed, may be sold as one parcel Trustee shall apply the proceeds of the sale as follows (a) to the expense of sale, including reasonable Trustee's fee and attorney's fee, (b) to the obligation secured by this Deed of Trust, (c) the surplus,if any,shall be distributed to the persons entitled thereto 6 Deed of Sale In the event of default and upon wntten request of the Beneficiary,Trustee shall sell the trust property in accordance with the Deed of Trust Act of the State of Washington at public auction to the highest bidder Any person may bid at the Trustee's Sale The Trustee shall apply the proceeds of the sale as provided in the Deed of Trust Act Trustee shall deliver to the purchaser at the sale, its Deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter Trustee's Deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of the law �,. and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and the conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value At any time Beneficiary may appoint in writing a successor Trustee in the place of any Trustee c. named herein,which successor shall be vested with all powers of the original Trustee 0 7 Remedies o The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy and when not exercised,Beneficiary may foreclose this Deed of Trust as a mortgage In case of sale under this Deed of Trust,either non judicially or Judicially, the property, real, personal and mixed, may be sold in one parcel In the event this Deed of Trust is foreclosed as a mortgage and the property is sold at a foreclosure sale, the purchaser at such sale, may, during any period of redemption,make such repairs or alterations to the property as may be reasonably necessary for the proper operation, care, preservation, protection, and insuring thereof Any sums so paid,together with interest at the note rate from • the date of expenditure, shall become part of the amount required to be paid for redemption from such sale 8 Rents,Issues and Profits Grantor irrevocably and absolutely assigns to Beneficiary, the rents, issues, profits and proceeds of contracts of the property,together with all future leases,profits and contracts, and any and all extensions, renewals and replacements thereof However,as long as no default shall exist in compliance with any requirement thereof or any further instrument executed at any time with respect to this Deed of Trust,Grantor may collect assigned rents and profits as the same shall fall due but upon the occurrence of any default,all rights of the Grantor to collect and receive rents and profits shall wholly and immediately terminate without notice, and Beneficiary shall thereafter have the absolute right to all such rents and profits All rents or profits receivable from or in respect to said property which Grantor shall be permitted to collect hereunder shall be received by it to pay the usual and reasonable operating expenses of, and the taxes upon, said property and the sums owing the Beneficiary as they become due and payable as provided in this Deed of Trust,or in the Note or any modification of either 9 Hazardous Substance Page 4 of 7 For purposes of this Deed of Trust, the term "hazardous or toxic wastes or substances" means any substance or material defined or designated as hazardous or toxic wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance or other similar term by any applicable federal, state or local statute, regulation or ordinance now or hereafter in effect The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof,and asbestos Grantor shall not use any asbestos or maintain any asbestos on the property in any regard, and if Grantor becomes aware of the use of asbestos in any facility or improvement located on the property, Grantor shall immediately notify the Beneficiary, who shall have the right to contact appropriate consulting engineers, environment specialists, and/or municipal, state or federal authorities for an examination and evaluation of the risks and problems associated therewith with respect to the property Grantor shall be solely responsible for complying with all environmental regulations, and the failure to satisfy any such environmental regulations shall constitute a default under the terms of this Deed of Trust Grantor hereby irrevocably holds Beneficiary harmless from and against any actions, causes of action, penalties or cost whatsoever arising out of or in any regard associated with the use or existence of asbestos with respect to the property 10 Transfer of Property or a Beneficial Interest in Grantor In the event the property, Or any portion thereof,is sold,transferred hypothecated or otherwise alienated, without Beneficiary's prior written consent, Beneficiary may, at its option, require immediate payment in full of all sums secured by this Security Instrument Provided, however, that the Beneficiary may, but is not required to, consent to the transfer of the property if the Grantor, new owner,or transferee has a satisfactory credit standing and qualified management ability to operate the property,the loan is not in default, the Grantor pays all costs of the sale, and the terms of the underlying obligations are adjusted as requested by Beneficiary To the extent permitted by applicable law Beneficiary may charge a fec as a condition to Beneficiary's consent to the loan assumption Beneficiary may also require the transferee to `.� sign an assumption agreement that is acceptable to Beneficiary and that obligates the transferee to keep all the promises and agreements made in the Note an this Security Instrument Grantor o will continue to be obligated under the Note and this Security Instrument unless Beneficiary e-a releases Grantor in writing If Beneficiary exercises the option to require immediate payment in full, Beneficiary shall give Grantor nonce of acceleration The notice shall provide a period of not less than 30 days from the date the nonce is delivered or mailed within which Grantor must pay all sums secured by this Security Instrument If Grantor fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security Instrument without further notice or demand on Grantor 11 Notice The Trustee is not obligated to notify any party hereto of any pending sale under any other Deed of Trust or of any action or proceeding which Grantor,Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee 12 Disability of Trustee In the event of the death, incapacity, disability or resignation of Trustee, the Beneficiary may appoint, in writing, a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which the Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto,but on their heirs,devisees, legatees,administrators, executors, successors and assigns The term "Beneficiary" shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein Page 5of7 13 Financial Statements of Grantor During the term of this Deed of Trust,Grantor shall furnish Beneficiary within ninety(90)days of the end of Grantor's fiscal year, annual statements itemizing the income and expenses of the operations conducted on the secured property, including an itemized rent roll At the request of Beneficiary,Grantor shall provide Beneficiary with a cdmplete financial statement of Grantor's assets and liabilities and its profit and loss statement Grantor shall permit the Beneficiary or its representative to examine all books and records pertaining to the Property 14 Governing Law-Severability This Deed of Trust and any judicial or non-judicial foreclosure hereof shall be governed by the laws of the state in which the real property described in this Deed of Trust is located In the event that any provision or clause in this Deed of Trust or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust and Note are declared to be severable 15 Future Advances Upon request of Grantor, Beneficiary, at Beneficiary's option so long as this Deed of Trust secures indebtedness held by Grantor, may make Future Advances to Grantor Such Future �-. Advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by c.4 promissory notes stating that said notes are secured hereby At no time shall the pnncrpal amount of the indebtedness secured by this Deed of Trust exceed the original amount of the Note by more than one hundred percent 6 c WTTNFtS THE HAND[S]AND SEALS[S]OF THE UNDERSIGNED - HERITAG ARNOLD ASSOCIATES LC • cv r D--- William A Sherman,Jr ,C/ n o-Mag T d R Bennett, President /00/ nnett Development,Inc ,Co-Manger Page 6 of 7 �. STATE OF WASHINGTON, ACKNOWLEDGMENT-Representative Capacity ` ss County of 1 .{ I certify that I:know or have satisfactory evidence that 1 ihICI�•�s Nor. *e W 0.3-1-2 •, 1a..ren.• is the person who appeared before me.and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the CO—14-(_0.41a.�,_ of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument GIVEN under my hand and el:c al seal this 1 day oft ` `�ss�ssnti c _' �c � -sr �• i'L'1 t Die .r•f., Notary P c and fa the State of Washington rending at �,,,r(, My Appointment exp'ireea ��++__ N SUZA O O N O r-- 0 This Iurtt is page of and is•utai-hed to dated REQUEST FOR FULL RECONVEYANCE TO'TRUSTEE The undersigned is the holder of the note or notes secured by this Instrument Said note or notes, together with all indebtedness secured by this Instrument,have been paid in full You are hereby directed to cancel said note or notes and this Instrument,which are delivered hereby,and to reconvey, without warranty, all the estate now held by you under this Instrument to the person or persons legally entitled thereto Dated Corporate Acknowledgment STATE OF WASHINGTON, ss County of .Benton Vkt On this 1 day of 6 424 `( ,Poo' ,before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared to me known to be the President of the corporation that executed the coy foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed - • of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument and that the seal affixed(if any)is the corporate seal of said corporation Witness my hand and official seal hereto affixed the day and year first above written My commission expires Notary Public in and for the State of Washington, residing at Page 7 of 7 • I "EXHIBIT A" LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SCCfON 20.TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY.WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAl)SUBDIVISION, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE SOUTH 89'56'37' EAST ALONG THE NOR711ERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 929.67.FT1'T TO THE NORTHEAST CORNER OF SAID SUBDIVISION; TFIF,NCE SOUTH 01'43'38' WEST ALONG THE EASTERLY LIMITS OF SAID SUBDIVISION A DISTANCE OF 81833 FEET. •THENCE SOUTH 71'OS'11' WEST A DISTANCE OF 109.48 PEST TO A POINT ON THE NORTHEASTERLY MARGIN OF TILII CITY OP SEATT E'S CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE NORTH 44'20'15* WEST ALONG SAID NORTHEASTERLY MARGIN A DISTANCE OF 1148.20 FEET TO A POINT'ON THE WESTERLY UMFIS OF SAID SUBDIVISION; THENCE NORTH 01'46'02'EAST ALONG SAID WESTERLY LIMITS A DISTANCE OF 33 14 FEET TO THE TRUE POINT OF BEGINNING. c-. n N O Q N O r C> N 0 1 1 FIlEO`FOR RECORD AT REQUEST OF PI'-019-90 (1 OFFlCE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 91,013 1a 4.06e3 C. 200 MILL AVE.SO. RECC• F 12.00 RENTON,WA 98055 EASEMENT AGREEMENT RECFEE 2.00 CASHSL 4 4+14.00 THIS EASEMENT AGREEMENT (the "Easement") is made ' this 9,4{, day of Ora' 19 Jf/ , by and between Renton , School District No. �403 ("Grantor") and the City of Renton, a fmunicipal corporation of the State of Washington ("Grantee"). - i _ ' RECITALS j `I A. Grantor owns certain unimproved real property located in King County, Washington, as more particularly described in Exhibit E. A attached hereto and incorporated herein by this reference 1 j1 (the "Property"). j ,r, B. Grantee desires to acquire an easement for the purposes set lz i88f forth herein (the "Easement") across a portion of the o . -w Property, which portion is more particularly described in _- C Exhibit B attached hereto and incorporated herein by this ' CID 1:o reference (the "Easement Area") and Grantor desires to grant 1 ;'- cr) such an Easement, upon the terms and conditions set forth CO GC.) herein. z • Cr) NOW. THEREFORE, in consideration of the mutual agreements • herein contained and other valuable consideration, the receipt it 4 and sufficiency of which are hereby acknowledged, Grantor and i o J1 Grantee agree as follows: :n,.• l AGREEMENT 1. Grant and Purpose of Easement. Grantor hereby grants to Grantee a perpetual, non-exclusive easement over, on, across, 1 along, upon and under the Easement Area, for purposes of 'i _ i constructing, operating, maintaining, repairing, and replacing a public roadway and for utility purposes. 11 2. Reservation of Rights. Grantor retains, in its ownership of ;S the underlying fee, the right to use and occupy, and to grant a or deny permission to other grantees to use or occupy the Easement Area for any other purpose, provided that such use or occupancy shall not interfere with Grantee's use of the Easement Area for the roadway and utility purposes herein F t granted. EXCISE TAX NOT REQUIRED 1 -1- KingCo..Reco S ivlsion 5L.(G' 7 Deputy . p I e gill . . I I . I 3. Duration of Easement. In the event that Grantee, or such ki other municipal corporation as may become Grantee's successor . in interest, ceases to use the Easement Area for roadway and Vutility purposes as described herein, as evidenced by J abandonment, vacation or any other similar action, the Easement granted herein shall terminate. • -. 4. Construction and Maintenance of Easement. Grantee shall be 7 responsible for the design, construction, maintenance, i E repair, and safety of any roadway and utilities constructed within the Easement Area, which design, constructed within 3 the Easement Area, which design, construction, maintenance, JI— , �Eand repair shall be at no cost or expense to Grantor. Jo.; Grantee shall be liable for, and shall pay throughout the v • )o K , term of its use, any and all taxes and assessments, if any, 11- f.r; levied on the Easement Area or any and all improvements .' o . C.0 located thereon, any taxes or assessments on any property , interest created by this Easement as deemed by the County • -et co Assessor or other official of the State of Washington or C.) =a — other taxing entity responsible therefor, and Grantee shall . W O, otherwise fulfill all fiscal obligations required bylaw. •x 9 g '. o ., 5. Indemnification. Grantee shall defend, indemnify, protect i and hold harmless Grantor, Grantor's officials, employees, • r agents and representatives from and against any and all '-o liabilities, causes of action, claims, liens, demands, costs, losses, expenses, harm and damages of any kind or character r ', yi asserted or arising from, on account of, or in connection with this Easement (collectively, the "Liabilities"), . including all attorneys' fees, court costs and litigation expenses associated therewith, including without limitation, all Liabilities arising from, on account of, or in connection with: (a) Grantee's exercise of the rights, benefits and i privileges granted to Grantee by this Easement or any breach of this Easement by Grantee: -2- ' I -- A „= In I 0 1 1 • I (b) The acts or omissions of Grantee (and Grantee's officials, employees, agents. consultants, contractors. representatives, licensees or invitees) in or upon the ;- Easement Area; and (c) Any damage to or failure of the roadway or utilities or rt other Grantee improvements (whether due to the acts or i omissions of Grantee or from any other cause) resulting 4 E i i in any damage or injury to any person or property, or j! any interest of any person or entity whatsoever; i provided, however, that nothing herein shall require d Grantee to so indemnify and hold harmless Grantor to the ;= extent of Grantor's gross negligence or the gross �J isg i negligence of Grantor's officials, employees, agents. (7N ,u Jo . consultants, contractors, representatives or licensees. 1o_ Such indemnification against Liabilities shall include :o Liabilities asserted or arising from, on account of or in ,' up connection with any environmental law, including laws relating to (" i :� 0") the transport or use of any "hazardous substances." "Hazardous '.0 U Substances" shall mean any hazardous, toxic, or dangerous b' substance, material, waste, pollutant ollutant or contaminant which is, or o becomes, regulated under any applicable local, state, or federal la ''tilaw, and any substance which, after release into the environment e I o :. will, or may be reasonably anticipated to, cause death, disease, 'i F behavior abnormalities, cancer and/or genetic abnormalities. j_p d �. 6. Enforcement. Grantor and Grantee shall have the right to i ., enforce the obligations, covenants, conditions, and rights e imposed or granted by this Easement. The right to enforce !, t this Easement shall include, without limitation, the right to e maintain a proceeding at law or in equity against any person or persons who have violated or who are attempting to violate the covenants or conditions of this Easement. 7. Attorneys' Fees. If any action is instituted to interpret or enforce this Easement. the prevailing party in such action, or in the appeal of such action (or if neither party wholly • -3- 1 I - � I V prevails, the party that substantially prevails), shall be entitled to have and recover all costs, fees and expenses incurred by the prevailing party in connection with such action (including reasonable attorneys' fees) and including without limitation any such fees, costs and expenses incurred .. in any and all bankruptcy proceedings, action or claims. 8. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be • deemed to have been duly given (a) if personally delivered, j on the date of delivery or (b) if mailed, three (3) business if days after being deposited in the United States Mail in ,z - E ; certified or registered forma return receipt requested, to addressed to the other party at such address as a party shall ia designate. • o i , CEO 9. Governing Law. This Declaration shall be governed by, CD construed and enforced in accordance with the laws of the .M ? a•) State of Washington. 0 i• �' • o 10. Running Covenant. This Easement and each of the terms, 0) x provisions, conditions and covenants herein shall run with o ,_ the land and shall be binding upon and shall inure to the benefit of Grantor and Grantee and all persons or entities to claiming under them, including their respective successors • and assigns. • ! • -4- I 0 1 I I 1 I I IN WITNESS WHEREOF, this Easement is executed as of the date i and year set forth above. RENTON SCHOOL DISTRICT NO. 403 J J B Its 4 _ I CITY OF RENTON e J • Jz (---' W ( ,� By ! �)� • s -'.! Pl•4... •W Cr: Its Mayor �1, i~ fop ATTEST: ,�twNt1 'o STATE OF WASHINGTON ) erk ,. ) ss. '~ CC) COUNTY OF KING ) !o Q) I certify'�-" that I know or have satisfactory evidence . .F that/Qi, y,,ea zc?.2• is the person who appeared before me, and t �12 . said person acknowledged that ,A, , signed this instrument, on 41 oath stated that 44._. was authorized to execute the instrument O c and acknowledged it as the aril rt�-e -.,T' of ,,.4 ..44- /lit -Z' k : . to be the free and voluntary act of such party for the uses and I purposes mentioned in the instrument. ` ?Cy3/DATED: - � ,19 - iSea.l oc stamp) L/ t'l.'sa 9) fetekC id) F Notary Pub](Xc in and for the State� �"Y of Washington, residing at Y(x.T/ i LR My appointment expires //-/'/-`i'/ r' -5- STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence L1 that Eo.y/ C-t yntr is the person who appeared before me, and said person acknowledged that h . signed this instrument, on oath = stated that tie. was authorized to execute the instrument and acknowledged it as the Mc& p-w of C -b n- 1{e ,to be the free and voluntary act of such party for the uses and 3 • /� purposes mentioned in the instrument. 'W • DATED: fcl.t�(�S-� ,199J so (Seal or stamp) 5/Za _ •w z Notary blic in and for the State of :o Washing on, residing at Cr • ' CEO My appointment expires •r TT© o CD • o i • • • • • • L• -6- 0 11111 . • EXHIBIT A PROPERTY DESCRIPTION z • : I That portion of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 23 North, Range 5 East, W.M., described as follows: J, JW • Beginning at the northwest corner of said subdivision, said point • jo i • being the true point of beginning, thence S 89 degrees 56'37" E. )O .W • , along the northerly limits of said subdivision, a distance of d►=-,1 929.67 feet to the northeast corner of said subdivision, thence =o it •v. (+r; S 01 degrees 43'38" W, along the easterly limits of said �►�- COO subdivision, a distance of 818.33 feet thence S 71 degrees 05'12" -< • Q) W a distance of 109.48 feet to a point on the northeasterly .W ) margin of the City of Seattle's Cedar River Pipeline • • right-of-way; thence N 44 degrees 20'15" W along said o • northeasterly margin, a distance of 1148.20 feet to a point on c the westerly limits of said subdivision; thence N 01 degrees vt�. • ' 46'02" E along said westerly limits, a distance of 33.14 feet to • • the true point of beginning. j. • Containing 10.39 acres, more or less. Subject to existing restrictions, reservations, and encumbrances of record. • • i El I EXHIBIT B V- EASEMENT AREA I 11 That portion of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 20, Township 23 north, range 5 east, W.M., King County, Washington, described as follows: i �z i7 Beginning at the Northwest corner of said subdivision: thence S �0 89 degrees 56'37" E, along the north line thereof, a distance of 0 �= 100.10 feet to a point on a curve, the radial center of which bears N 28 degrees 18'04" W, a distance of 125.00 feet; thence southwesterly, along a curve to the right, having a radius Cr • -~. Co of 125.00 feet, through a central angle of 28 degrees 21'27", an ocr) arc distance of 61.87 feet to a point of reverse curvature, the • • • w OD radial center of which bears S 00 degrees 03'23" W, a distance of I-.1 O 25.00 feet; thence on a curve to the left, having a radius of os W•; % 25.00 feet, through a central angle of 134 degrees 23'38", an arc o , distance of 58.64 feet to a point on the northeasterly margin of -1 the City of Seattle's Cedar River pipeline right-of-way, thence N 44 degrees 20'15" W. along said right-of-way, a distance of 34.10 feet to the west line of the hereinbefore described subdivision; i, thence N 01 degrees 46'02" E, along said west line, a distance of r' 33.14 feet to the point of beginning. i2 :-.4 C. p .4 — c, NIO W _ .)• T o / ' - 03/04/2002 0�•:49 FAX 253 471 556' FIRST AMERICAN UNIT 1 IJ002 e - fflEO-FOR RECORD AT REQUEST OF rr-oi9-90 i OFFICE OF THE City CLERK RENTON MUNICIPAL BLDG. 9i-os-i99 40653 G 200 MILL AYE SO. Rem F 12.00 RENTON,WA 98055 EASEMENT AGREEMENT RECFES 2.00 [ti CAIHSL +4! la.00 i/ THIS EASEMENT AGREEMENT (the 'Easement") is made - , this P day of �� 19 9/ , by and between Renton School District No. 403 ("Grantor`) and the City of Renton, a }} municipal corporation of the state of Washington ("Grantee"). • I • RECITALS • A. Grantor owns certain unimproved real property located in King S. County, Washington, as more particularly described in Exhibit ' 7 A attached hereto and incorporated herein by this reference 1ti: t,..• (the "Property"). 1m,. B. Grantee desires to acquire an easement for the purposes set f3i ;a • forth herein (the "Easement") across A portion of the i '•,., '. Property. which portion is more particularly described in CC exhibit B attached hereto and incorporated herein by this eo S reference (the "Easement Area") and Grantor desires to grant i :.:'. I. — such en Easement, upon the terms and conditions set forth .' M i ,,,c CI _ C, herein. I r F NOW, THEREFORE, in consideration of the mutual agreements c. :. Herein contained and other valuable consideration, the receipt s 4i •t and sufficiency of which are hereby acknowledged. Grantor and _ . Grantee agree as follows: I AGREEMENT • 1. Grant and Purpose of Easement. Grantor hereby grants to I - : Grantee a perpetual. non-exclusive easement over, on, across, . A along, upon and under the Easement Area, for purposes of r constructing, operating. maintaining. repairing, and i replacing a public roadway and for utility purposes. 3 2. Reservation of Rights. Grantor retains, in its ownership of i the underlying fee, the right to use and occupy, and to grant or deny permission to other grantees to use or occupy the Easement Area for any other purpose, provided that such use or occupancy shall not interfere vich Grantee's use of the Easement Area foc the roadway and utility purposes herein • granted. EXCISE TAX NOT REQUIRED • 1 if -1- K`Iny7Co Reno�ja�ivlcPon r_t �G` Deputy - us),u4,ZuuZ ut•:4y FAA 253 471 556" FIRST AMFKICAN UNIT 1 IZ003 • -. e I ® , ' • I 3_ Duration of Easement. In the event that Grantee, or such other municipal corporation as may become Grantee's successor in interest, ceases to use the Easement Area for roadway and '... utility purposes as described herein, as evidenced by abandonment, vacation or any other similar action, the , Easement granted herein shall terminate. n 4. Construction and Maintenance of Easement. Grantee shall be responsible for the design, construction, maintenance, S repair, and safety of any roadway and utilities constructed within the Easement Area, which design. constructed within Y the Easement Area, which design, construction, maintenance. il lw • and ropair shall be at no cost or expense to Grantor. -Iv Grantee shall be liable for, and shall pay throughout the ,m c• term of its use, any and all taxes and assessments, if any, o xi . ... . 07! levied on the Easement Area or any and all improvements 1.o;. CO located thereon. any taxes or assessments on any property >,.. interest created by this Easement as deemed by the County •K CO Assessor or other official of the State of Washington or ' •o G other taxing entity responsible therefor, and Grantee shall ' � otherwise fulfill all fiscal obligations required by law. 0 • 5. Indemnification. Grantee shall defend, indemnify, protect Id ' o _. and hold harmless Grantor, Grantor's officials, employees, �" 0f . agents and representatives from and against any and all .i. W " liabilities, causes of action, claims, liens, demands, costs, is "I• losses, expenses, harm and damages of any kind or character t. . i asserted or arising from, on account of. or in connection • ' with this Easement (collectively, the "Liabilities"), including all attorneys' fees, court costs and litigation d expenses associated therewith, including without limitation, t all Liabilities arising from, on account of, or in connection f' with: (a) Grantee's exercise of the rights, benefits and privileges granted to Grantee by this Easement or any breach of this Easement by Grantee; { f -2- 1 rl G v usiO4/L0O2 Ob:50 FAX 253 471 556- FIRST AMERICAN UNIT 1 CJ00-1 v (b) The acts or omissions of Grantee (and Grantee's officials. employees. agents. consultants, contractors. representatives, licensees or invitees) in or upon the Easement Area; and .• 'i (C) Any damage to or failure of the roadway or utilities or • other Grantee improvements (whether due to the acts or f omissions of Grantee or from any other cause) resulting @@� . in any damage or injury to any person or property, or cL • any interest of any person or entity whatsoever; fi provided, however, that nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of Grantor's gross negligence or the gross W negligence of Grantor's officials, employees, agents. Jo a • consultants, contractors. representatives or licensees. � - :!-1: such indemnification against Liabilities shall include =c.' . C""% Liabilities asserted or arising from. an account of or in on Sconnection with any environmental law, including laws relating to the transport or use of any "hazardous substances." "Hazardous :„. Substances" shall mean anY hazardous, toxic, or dangerous V�1. substance. material, waste. pollutant or contaminant which is, or =1 fn becomes, regulated under any applicable local. state, or federal 4 . law, and any substance which, after release into the environment h - ) will, or may be reasonably anticipated to, cause death. disease. � beha•,ior abnormalities, cancer and/or genetic abnormalities. • • 6. Enforcement. Grantor and Grantee shall have the right to .1 . enforce the obligations, covenants. conditions. and rights • imposed or granted by this Easement. The right to enforce this Easement shall include, without limitation, the right to • • maintain a proceeding at law or in equity against any pereon or persons why have violated or who are attempting to violate the covenants or conditions of this Easement. 7. Attorneys' Bees. If any action is instituted to interpret or enforce thin Easement, the prevailing party in such action, • • or In the appeal of such action (or if neither party wholly -3- `� I 63/04/2002 O,:50 FAX 253 471 556" FIRST AMERICAN UNIT 1 (7j005 _ I • prevails, the party that substantially prevails), shall be 4� entitled to have and recover all costs, tees and expenses incurred by the prevailing party in connection with such action (including reasonable attorneys, fees) and including without limitation any such laps, costs and expenses incurred • in any and all bankruptcy proceedings, action or claims. A. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be ; deemed to have been duly given (a) if personally dwlivered, a on the date of delivery or (b) if mailed, three (3) business days after being deposited in the United States Mail in • certified or registered form, return receipt requested, .o addressed to the other party at such address as a party shall of designate. • Cr: ;k i • CO 9. Governing Law_ This Declaration shall be governed by. ' O construed and enforced in accordance with the laws of the state of Washington. CO " 10. Running Covenant. This .Easement and each of the terms, w • 0) !. provisions, conditions and covenants herein shall run with o , • the land and shall be binding upon and shall inure to the w benefit of Grantor and Grantee and all persons or entities claiming under them, including their respective successors • and assigns. ` P • • . _4_ v./U4/LUUL ut•:zu rilA LaJ 4r1 sal" t1 ICJ 1 HUlt,X1‘,,iiv UPV11 i 1(8006 O 111111 • IN WITNESS WHEREOF, this Easement is executed as of the date and year act forth above. • RENTON SCHOOL DISTRICT NO. 403 > B xt$ s ' 5. CITY OF RENTON c • Jr n 7=' n e BY rj I,�, N,% o Cr": Its Hays r i ti CO ATTEST: Q? STATE OF WASHINGTON ) sa. • ,a ) as. :,- O COUNTY OF KING ) -.t _ :'v Cn X certify that I know or have satisfactory evidence 44 . thst to 7,48:47, ila,. is the person who appeared before me, and :el said person acknowledged that , signed this instrument, on F 5 oath stated that 46.• vas authorized// to execute the instrument $ and acknowledged it as the c rs<<r , �,c'� of , y_.,,fcfte'L l)u .reef �� to be the free and voluntary act of such party for the uses and t ) purposes mentioned in the instrument. DATED: 9ezty a"1 ,19 - (Seal oc stamp) Li..7ee 9, - tale lac) Notary Pub l9c in and for the State"� of Washington, residing r,t ,C.77Y i 6 My appointment expires //-/11-44/ li i -5- U3/U4/ IU2 Ut•:50 FAX 253 471 556" FIRST AMERICAN UNIT 1 U 007 11111 . • STATE Of WASHINGTON ) • • ) ss. COUNTY OF KING J • I certify that I know or have satisfactory evidence • 3 i that ea.,' (*p.c..- is the person who appeared before me, and l • said person acknowledged that__ 1), signed this instrument, on oath stated chat he. was authorized to execute the instrument and 3 ? ac:cnowledged it as the Mg{1py- of(....-1iityrKem4m .to be the free and voluntary act of such part for the uses and 3 • purposes mentioned in the instrument. • la HATED: .5l�4'}• q ,192_ ° i (Seal or stamp) !r s' rotary blic in and for the state of • Cr'; washing on, residing at ' • A y • CAD My appointment expires / ✓ :ter • a7 m O r. o- • ' • N ti et. 1' • is • Sr • • -6- • - ;0 - .. .... '1 .nf, t ` ..a •'`'r_�5 ._.... 7. - • . - e] Y I fl vim, U-4, 1UUL U0:oU t'AA L.Z.S 4I1 55C'" r1KJ1 Ahlt,itll:ArV UN1l 1 tJ008 0 tii EXBIBjT A •, PROPERTY DESCKIPTION . . I'• slut portion of the Northwest quarter of the Northwest quarter of • the Northeast quarter of Section 20, Township 23 North, Range S i. East. N.M., described as follows: J -II.. J 2 74 ; • Beginning at the northwest corner of said subdivision, said point JU : • being the true point of beginning, thence S 89 degrees 56'37" E, 41,; along the northerly limits of said aubdivieion, a diatance of jF i •w. ' 929,67 feet to the northeast Corner of said subdivision, thence =c E 01 degrees 43'39" Et, along the easterly limits of said } :� CD subdivision, a distance of 818.33 feet thence S 71 degrees 05'12' :4 , Q) w a distance of 109.48 feet to a point on the northeasterly • b. ,xantcn margin of the City of Seattle's Cedar River Pipeline right-of-way: thence N 44 degrees 20'15• W along said northeasterly margin, a distance of 1148_20 feet to a point on c;' the westerly limits of said subdivision; thence N 01 degrees `�. ' 46.02" E along said westerly limits, a distance of 33.14 feet to t the true point of beginning. Containing 10.39 acres, more or less. Subject to existing restrictions, reservations, and encumbrances of record. -v".. vv.ov rn� LJJ 4,1 Jot, t11<J1 ttm r:rcll,AIN 111111 1 _-__, JUUJ i . 1 IL,II 0 �. _ 1 e_18== p,AgEri .NT ARLA • i 2 quarter of uarter of the Northwest B That portion of the Northwest 4 Tovn9nip 23 north, range 5 quartet of Section �, follows: she Northeast 4 COn, described as- i east, N.M., King County, Washing Northwest corner of said subdivision: thence S 'W ii: '':• Beginning at the linethereof, a distance of �r ' E. along tRe north which J u gg degrees 56'3�� point on a curve, the radial teeter of 1� 1 100.10 feet to a distance of ter125 0 feet: •w ; degrees 16'04 W, a paving a radius pr :. bears Na 26 : .. 1 . along a curve to the right, 21'27". an :v i. thence southwesterly, along angle of 28 degrees of 125.00 fe¢t, through a to a point of reverse curvature, the ., p arc distance of 61.87 feeta distance of vS 00 degrees 03 23 W.which bears a radius of W C . radial center of curve to the left. having thence on a r r O 25.00 feet; n a central angle of 134 degrees Z3'30�• an arc g','• northeasterly margin of Q% Zy.00 feet. through a point on the 64 feet to Of-wsY, thence N i the of ea River pipeline right- 4.10 `• o."r the City of Seattle's Cedar a distance of 3 _` y said right-of-Way. subdivision: ,, r` 44 degrees 20'15 W. along _. 4 said west line, a distance of feet to the west line of the hercinbefore describe thence N 01 degrees 46'02 E,along .1 point of beginning. .'� 33-1,1 feet to the l J ...,:, M 1 ,t i to Z a en J ,p __TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 07-16-2002 Land Use Actions RECEIPT Permit#: LUA02-085 Payment Made: 07/16/2002 03:21 PM Receipt Number: R0204041 Total Payment: 1,000.00 Payee: HERITAGE ARNOLD ASSOCIATES 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 #1044 1, 000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat DEVELOPME(�ffPLANNING•00 5012 000.345.81.00.0009 Final Plat CITY OF RENTON 00 5013 000.345.81.00.0010 PUD JUL .00 5014 000.345.81.00.0011 Grading & Filling Fees 6 2002 .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks RECEIVED •00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341. 60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604 .237.00.00.0000 Special Deposits .00 5955 000.05.519. 90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00