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HomeMy WebLinkAboutLUA02-088 SEE DRAWINGS) VOL/PG BROOKRIDGE LUA-02-088-FP SE 1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. LND 10 03731 CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION' CITY APPROVALS PARCEL A: CITY OF RENTON PUNNING/BUILDING/PUBLIC WORKS DEPARTMENT THE NORTH 300 FEET OF TRACT 364 OF C.O.HILLWN'S LAKE WASHINGTON GARDEN OF EDEN EXAMINED AND APPROVED THIS__MY OF________.20__ ADDITION NO.6 AS PER PUT RECORDED IN VOLUME 11 OF PLATS.PAGE 84,RECORDS OF KING COUNTY..iVQ/TV.k. (AUTO 46/NO/i'NOWN qS A4/(C€G / OF COT cave __ 44.v5TMENT/YO. 404•Y8-/83-GCA. ACG0.(O/NG 7b• ADMINISTRATOR THE ju4vcY4EC0Yt4EO UNDER K/NO CAIJNTY .CEG049/11/G ' N0. 99o308,006') • SITUATE IN THE CITY OF RENTON,COUNTY OF KING.STATE OF WASHINGTON. CITY OF RENTON MAYOR,EXAMINED AND APPROVED THIS__MY OF PARCEL B: - ATTEST: TRACT 76 OF C.D.HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. I.AS PER MAYOR CITY CLERK PUT RECORDED IN VOLUME 11 OF PUTS,PAGE 63,RECORDS OF KING COUNTY.AQO//O.t SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINCTON. I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS.ALLEYS DEDICATION/CERTIFICATION. OR OTHER PUBLIC USES ARE PAID IN FULL THIS___DAY OF-____-_,20__. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE.THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDNIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION -------------------- OF THE SUBDMSK)N MADE HEREBY,AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FINANCE DIRECTOR FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRNATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND COUNTY APPROVALS FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES,AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON,INCLUDED XING COUNTY DEPARTMENT OF ASSFSSMENTS BUT NOT LIMITED TO PARKS,OPEN SPACE,UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO EXAMINED AND APPROVED THIS__DAY OF________20_. A PERSON OR ENTITY OTHER THAN THE PUBLIC,IN WHICH CASE wE DO HEREBY DEDICATE SUCH STREETS.EASEMENTS OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR KNOW BY ALL PEOPLE BY THESE PRESENT THAT WE.THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCOUNT NOS. --- ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PUT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION.TINS PLAT IS SUBJECT TO THE DECLA.AT/ON of PROTECTIVE COVENANTS,COND/Tiona EASEMENTS AND RFJTR/CT/Drys 44®SDOKA/06E, CORDED TIDE KNVG Cowin,gOpPlAD/N N4 6 918ER FINANCE DNISION CFRTIFICATF — K I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID.THAT THERE ARE NO JAMES D.CHAPIM DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION CO ENTERPRISES,INC. ' ON ANY OF THE PROPERTY HEREIN CONTAINED,DEDICATED AS STREETS,ALLEYS FRONTIER BANK AN AU CORPORA OR FOR OTHER PUBLIC USE,ARE PAID IN FULL.THIS_-MY OF _20_ HN R.OAT MANAGER.KING COUNTY FINANCE DNISION DEPUTY JOHN DAY HOMES,INC. A WASHINGTON CORPORATION L SEATTLE/KING COUNTY HEALTH DEPARTMENT ACKNOWLEDGEMENTS/-1 EXAMINED AND APPROVED THIS___DAY OF_---__20_. STATE OF lA)QShi n9to, COUNTY OF O/AAC,�sI-i - ENVIRONMENTAL HEALTH DMSION I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT DAMES D.CHAPMAN_ LAND- __SIGNED THIS INSTRUMENT,ON OATH STATED- THAT � SURVEYOR'S CERTIFICATE HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE � PRFSIDFNT ------- I,TIMOTHY A.GRIFFIN,HEREBY CEPTIFY THAT THIS PLAT OF BROOKRIDGE OF_ CO ENTERPRISES,INC. ,TO BE THE FREE AND IS BASED UPON AN ACTUAL SURVEY AND SUBONISION OF SECTION 32,TOWNSHIP VOLUNTARY AC PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. 24 NORTH,RANGE 5 EAST,W.M.,THAT THE COURSES AND DISTANCES ARE SHOWN P$N/pF CORRECTLY THEREON:THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK ,�SqN fXp q CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMP- 3. 5 /q^, DATED-__I0=I4A-O ----__-- LETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING e NOTARY 'A SIGNATURE OF 'Z• G- REGULATIONS. = NOTARY PUBLIC= --_ PUBS 1.O PRINTED NAME_NO(j�1F10._illillLY-__-___- Tj, 7.50.2006 U, '� TITLE NQkr ✓ OF W5. MY APPOINTMENT EXPIRES 1� ..ZTISLEL , w.. ,cLo'•A TIMOTHY A. �N,P.L.S. MEADFI OILMANSTATEWASHINGTON k ASSOCIATES COUNTY OF lyY1[AYAe1'w iyh_ ; �t 4` P.O.BOX 289 ,r WOODINVILLE,WASHINGTON 98072 ----- -- �,n M, N G'AP ' �i PHONE:(425)486-1252 I CERTIFY THAT KNOW OR HAVE SATISFACTORY EVIDENCE THAT-MENT. !L_C'JIE-- YYT __SIGNED THIS INSTRUMENT,ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE TARKI'. V/03/03 ----_Y1c>L -- Q OF_ FRONTIER-BANK-________ .TO BE THE FREE AND //-.//{JL VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. �$N1pFq RECORDING CERTIFICATE / ASN ICo DATED-_(�-� _ _----__ 3�'� �ARYJ SIGNATURE OF [1^',�.�..--11..^^ FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS NOTARY PUBLIC w '�'\� .1G1d 1______ DAY OF_-_--,20__ AT_--_MINUTES PAST �� t __-M.AND RECORDED IN VOLUME___OF PLATS.PAGE(S)__ PRINTED NAME w LJma._�iQL4�__-__-_ ,RECORDS OF KING COUNTY,WASHINGTON. S T50'°2V' TITLE nff`Innn-4PI1_- ___ --- "/E OF W,.52 MY APPOINTMENT EXPIRES?L ��s ONISION OF RECORDS AND ELECTIONS STATE OF _E1W. COUNTYN OFF__ ---- MANAGER SUPERINTENDENT OF RECORDS I CERTIFY THAT I KNOW OR WAVE SATISFACTORY EVIDENCE THAT-IIQHNA-QSY_-_-- ___SIGNED THIS INSTRUMENT.ON OATH STATED - THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _________PRESIDENT __ OF___-__ _JOHN MY HOMES,_INC. ,TO BE THE FREE AND REV.9-20-02 PER CITY COMMENTS TG VOLUNTARY ,T OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ` JP it/Main/ &. .14 . 44 DATED_I0-11fCLZ- SIGNATURE OF PROFESSIONAL LAND SURVEYORS a NOTARY PUBLIC ----- PRINTED NAME__ __,fA]h[1L V' 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 TITLE-1,10 -LT�//1 MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 MY APPOINTMENT PYRES_ 4_L=3!� -- JOB NO. 02097 SHEET 1 of 5 PHONE: (425) 486-1252 FAX: (425) 486-6108 VOL/PG BROOKRIDGE LUA-02-088-FP LND-10-0373 SE1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON EASEMENT PROVISIONS & COVENANTS GENERAL NOTES; ; 1. INSTRUMENT&PROCEDURES: A 5'ELECTRONIC TOTAL STATION WAS USED ALL LOTS AND TRACTS WITHIN THIS PLAT ARE GOVERNED BY THE BROOKRIDGE FOR THIS FIELD TRAVERSE SURVEY. ACCURACY MEETS OR EXCEEDS W.A.C. HOMEOWNERS'ASSOCIATION THAT HAS BEEN FORMED IN ACCORDANCE WITH 332-130-090. WASHINGTON STATE LAW.THE OWNER OF EACH LOT IS A MEMBER OF THE 2. ALL LOT AND TRACT CORNERS SHALL BE MARKED WITH 1/2'REPAR AND HOMEOWNERS'ASSOCIATION. ORANGE PLASTIC CAP STAMPED MEAD GILMAN&ASSOCIATES 29276 32434 36811 35145". THE OWNER OF THE LAND EMBRACED WITHIN THIS PUT,IN RETURN FOR THE BENEFIT TO ACCRUE TO OWNER FROM THE SUBDIVISION OF SAID LAND,BY • 3. STANDARD KING COUNTY SURVEY MONUMENTS SHALL BE SET IN CASES AS SIGNING HEREON,HEREBY COVENANTS AND AGREES TO CONVEY THE TRACTS MARKED ON THE PUT MAP. MONUMENTS WILL BE MARKED WITH AN"X" AND THE EASEMENTS SHOWN ON THIS PUT TO THE PARTIES HAVING THE AND STAMPED"PLS 29276'. RESPECTIVE RESPONSIBIUTY AND/OR OBUGATION TO CONSTRUCT,INSTALL, OPERATE.REPAIR,REPLACE OR MAINTAIN THE PRIVATE STREETS,UTURES, 4. ALL BUILDING DOWN SPOUTS,FOOTING DRAINS,AND DRAINS FROM ALL IM— FACWTIES AND APPURTENANCES THAT PROVIDE INGRESS.EGRESS AND/OR PERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED UTILITY SERVICES TO THE LOTS AND TRACTS CREATED BY THIS PUT.TO WIT: TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED CONSTRUCTION DRAWINGS ON FILE WITH RENTON DEVELOPMENT SERVICES 1.A 10'UTILITY EASEMENT,WHERE SHOWN ON THIS PUT.IS HEREBY GRANTED DMSION. THIS PLAN SHALL BE SUBMITTED WITH THE APPLICATION OF ANY TO THE CITY OF RENTON,COAL CREEK UTLTY DISTRICT,THE AUTHORIZED BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED PURVEYORS OF PUBLIC UTILITY SERVICES TO THE LOTS AND TRACTS SHOWN HEREON, AND APPROVED PRIOR TO FINAL BUILDING INSPECTION APPROVAL. AND TO THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,FOR THE PURPOSE OF 5. NO LOT OR PORTION OF A LOT IN THIS PUT SHALL BE DMDED AND SOLD INSTALLING.LAYING,CONSTRUCTING,RENEWING,OPERATING AND OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE MAINTAINING UNDERGROUND CONDUITS.CABLE,PIPEUNE,AND WIRES,ALONG OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA WITH THE NECESSARY FACILITIES,APPURTENANCES AND OTHER EQUIPMENT,TO REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. PROVIDE ELECTRIC,`ELEPHONE,COMMUNICATIONS.GAS,CABLE TV,STREET LIGHTING,SEWER,WATER AND DRAINAGE SERVICE TO THE SUBDMSION TOGETHER 6. THE NATIVE GROWTH PROTECTION AREA(NGPA)IN THIS PUT IDENTIFIES THE WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE PURPOSES STEEP SLOPES. THE CREATION OF THE NGPA CONVEYS TO THE PUBLIC A STATED. BENEFICIAL INTEREST IN THE LAND WITHIN THE AREA THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL 2.THE STORM DRAIN UNES,STORMWATER DETENTION VAULT,AND OTHER OF SURFACE WATER AND EROSION,VISUAL AND AURAL BUFFERING.AND DRAINAGE FACILITIES LOCATED WITHIN TRACT A,TRACT B.TRACT C.TRACT E. PROTECTION OF PLANT AND ANIMAL HABITAT. THE NOPA IMPOSES UPON ALL THE PUBLIC UTILITIES EASEMENT ON LOT 2.THE PRIVATE STORM DRAINAGE EASEMENT PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND,ENFORCEABLE ON LOTS 2,3 AND 4 AND THE KING COUNTY PARKS PROPERTY LOCATED BETWEEN THE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON,TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE NGPA. THE VEGETATION SOUTH UNE OF TRACT E AND NE 31ST STREET SHALL BE OWNED,OPERATED AND WITHIN THE NGPA MAY NOT BE CUT,PRUNED,COVERED BY FILL,REMOVED MAINTAINED BY THE BROOKRIDGE HOMEOWNERS'ASSOCIATION.SAID OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF HOMEOWNERS'ASSOCIATION IS HEREBY GRANTED THE RIGHT TO ENTER UPON SAID RENTON.PROVIDED HOWEVER,THAT THE OWNERS OF THE LAND MAY REMOVE TRACT B.TRACT C AND EASEMENTS FOR THE PURPOSES STATED HEREIN. DISEASED TREES. THE USE OF THE NGPA AND THE RIGHT OF ENTRY THERETO SHALL APPLY TO THE OWNER OF THE LAND WITHIN THE NGPA AND ITS 3.THE PUBUC UTILITIES EASEMENT SHOWN ON LOT 2 IS HEREBY GRANTED TO THE REPRESENTATMS,EMPLOYEES AND/OR AGENTS. CITY OF RENTON,COAL CREEK UTILITY DISTRICT,THE AUTHORIZED PURVEYORS OF PUBUC UTILITY SERVICES TO THE LOTS AND TRACTS SHOWN HEREON,AND TO 7. ANY HOUSE CONSTRUCTED WITH OVER 3600 SQUARE FEET OF LIVING SPACE IS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,AND TO THE BROOKRIDGE REQUIRED TO HAVE APPROVED FIRE SPRINKLERS. HOMEOWNERS'ASSOCIATION,FOR THE PURPOSE OF INSTALLING,LAYING, CONSTRUCTING,RENEWING,OPERATING AND MAINTAINING UNDERGROUND CONDUITS, 8. HOUSES CONSTRUCTED ON LOTS 2 AND LOTS 11 THROUGH 18 ARE REQUIRED TO HAVE CABLE,PIPELINE,AND WIRES,ALONG WITH THE NECESSARY FACILITIES, APPROVED FIRE SPRINKLERS. APPURTENANCES AND OTHER EQUIPMENT,TO PROVIDE ELECTRIC, TELEPHONE.COMMUNICATIONS,GAS,CABLE IV,STREET UGHTING,SEWER, WATER AND DRAINAGE SERVICE TO LOT 2 TOGETHER WITH THE RIGHT TO ENTER 9. EACH RESPECTIVE OWNER OF LOTS 1 THROUGH 18 WITHIN THIS PLAT SHALL HAVE AN UPON THE EASEMENT AT ALL TIMES FOR ANY OF THE PURPOSES STATED EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT A,TRACT 0 AND TRACT E.ALL HEREIN.ADDITIONALLY,THE PUBLIC UTILITIES EASEMENT SHALL BE USED NECESSARY MAINTENANCE ACTIVITIES FOR SAID TRACTS SHALL BE THE RESPONSIBILITY BY SAID GRANTEES AND BY THE OWNERS OF THE LOTS CREATED BY THIS PLAT OF THE HOMEOWNER'S ASSOCIATION.THE ASSOCIATION IS HEREBY GRANTED ACCESS TO AS A NON—EXCLUSIVE EASEMENT TO PROVIDE INGRESS/EGRESS TO AND FROM TRACT SAID TRACTS FOR THE PURPOSE OF PERFORMING SUCH MAINTENANCE SERVICES. A.TRACT B AND TRACT E. 4.THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER UPON TRACTS A,B.C, 10.TRACT B SHALL BE OWNED BY THE OWNERS OF LOTS 2,3.4 MD 5 FOR THE PURPOSE AND E,THE PUBLIC UTILITIES EASEMENT ON LOT 2,AND THE PRIVATE STORM OF PROVIDING INGRESS/EGRESS FOR SAID LOTS.SAID OWNERS SHALL BE REPONSIBLE FOR DRAINAGE EASEMENT ON LOTS 2,3 AND 4 TO OBSERVE AND INSPECT TO ASSURE REPAIRING AND MAINTAINING THE PAVED ROADWAY AND CURBS CONSTRUCTED WITHIN TRACT B THAT THE HOMEOWNERS'ASSOCIATION IS PROPERLY OPERATING AND AND THE PUBLIC UTILITY EASEMENT ON LOT 2 AND SHALL BE EQUALLY RESPONSIBLE FOR MAINTAINING THE DRAINAGE FACTURES THEREIN.IN THE EVENT THE CITY COST THEREOF.THE CITY OF RENTON,COAL CREEK UTILITY DISTRICT,THE AUTHORIZED DEEMS THAT THE HOMEOWNERS'ASSOCIATION IS NEGLIGENT IN ITS PURVEYORS OF PUBLIC UTIUTY SERVICES TO THE LOTS AND TRACTS SHOWN HEREON,AND RESPONSIBILITY TO PROPERLY MAINTAIN THE DRAINAGE FACIUTIES.THE CITY TO THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.THE BROOKRIDGE HOMEOWNER'S SHALL HAVE THE RIGHT TO MAINTAIN OR REPAIR ANY SUCH DEFICIENCIES ASSOCIATION,AND THE OWNERS OF THE LOTS CREATED BY THIS PUT ARE GRANTED THE THEREOF,THE COST OF WHICH REPAIRS SHALL BE THE RESPONSIBILITY OF NE RIGHTAO USE TRACT B FOR INGRESS AND EGRESS TO AND FROM LOTS 1-5.TRACT A ANDDTRACT E. BROOKRIDGE HOMEOWNERS'ASSOCIATION. THE CITY OF RENTON AND THE BROOKRIDGE HOMEOWNERS'ASSOCIATION SHALL II.TRACT C SHALL BE OWNED BY THE OWNERS OF LOTS 12, 13, 14 AND 15 FOR THE HAVE THE RIGHT TO ENTER UPON TRACT B.TRACT C.AND THE PUBLIC UTILITIESPURPOSE OF PROVIDING INGRESS/EGRESS FOR SAID LOTS.SAID OWNERS SHALL EASEMENT ON LOT 2,TO OBSERVE AND INSPECT TO ASSURE THAT THE OWNERS BE RESPONSIBLE FOR REPAIRING AND MAINTAINING THE PAVED ROADWAY AND CURBS OF LOTS 2,3,4,5, 12. 13. 14,AND 15 ARE PROPERLY MAINTAINING CONSTRUCTED WITHIN TRACT C AND SHALL BE EQUALLY RESPONSIBLE FOR THE COST THEREOF NE PAVED ROADWAYS AND CURBS THEREON.IN THE EVENT THE CITY OR THE THE CITYOF RENTON,COAL CREEK UTILITY DISTRICT,THE AUTHORIZED PURVEYORS OF HOMEOWNERS'ASSOCARON DEEMS THAT THE OWNERS OF TRACT B AND/OR PUBLIC UTILITY SERVICES TO THE LOTS AND TRACTS SHOWN HEREON,AND TO THEIR TRACT C ARE NEGLIGENT IN THEIR RESPONSIBILITY TO PROPERLY MAINTAIN RESPECTIVE SUCCESSORS AND ASSIGNS.AND THE BROOKRIDGE HOMEOWNERS SAID ROADWAYS AND CURBS,THE CITY AND/OR THE ASSOCIATION SHALL HAVE ASSOCIATION ARE GRANTED THE RIGHT TO USE TRACT C FOR INGRESS AND EGRESS TO THE RIGHT TO MAINTAIN OR REPAIR ANY SUCH DEFICIENCIES THEREOF,THE AND FROM LOTS 12-15. COST OF WHICH REPAIRS SHALL BE THE RESPONSIBILITY OF THE OWNERS OF LOTS 2,3,4 AND 5 AND/OR LOTS 12, 13, 14,AND 15.AS THE CASE MAY BE. 12.TRACT D AND TRACT E ARE NATIVE GROWTH PROTECTION AREAS SUBJECT TO THE RESTRICTIONS SET FORTH IN PARAGRAPH 6 HEREIN ABOVE. 5.THE 15'SANITARY SEWER EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO COAL CREEK UTILITY DISTRICT TO INSTALL.OPERATE,MAINTAIN AND REPAIR THE SANITARY SEWER FACIUTIES THEREIN NE UTILITY DISTRICT 13.TRACT F IS TO BE CONVEYED TO THE OWNER OF THE PROPERTY ABUTTING THE EAST IS RESPONSIBLE FOR THE REPAIR OF DAMAGE TO PAVED ROADS THAT MAY OCCUR LINE OF TRACT F DURING THE INSTALLATION.MAINTENANCE OR REPAIR OF THE SANITARY SEWER FACIUTIES. 14.THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE 6.THE 15'WATER EASEMENT SHOWN HEREON IS HEREBY GRANTED TO COAL CREEK NO.4740 AND AS AMENDED BY ORDINANCE NO.4740.THIS CITY'S SOLE SOURCE OF UTIUTY DISTRICT TO INSTALL.OPERATE,MAINTAIN AND REPAIR THE WATER DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE.THERE FACILITIES THEREIN.THE UTILITY DISTRICT IS RESPONSIBLE FOR THE REPAIR IS NO NATURAL BARRIER BETWEEN THE WATER TABLE AND GROUND SURFACE.EXTREME CARE OF DAMAGE TO PAVED ROADS THAT MAY OCCUR DURING THE INSTALLATION, SHOULD BE EXERCISED WHEN HANDUNG OF ANY LIQUID SUBSTANCE OTHER THAN WATER TO MAINTENANCE OR REPAIR OF THE WATER FACILITIES. PROTECT FROM CONTACT WITH THE GROUND SURFACE.IT IS THE HOMEOWNER'S RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. 7.THE 10'BUFFER EASEMENT ON THE REAR OF LOTS 2-14,WHERE SHOWN ON THIS PUT,IS GRANTED TO THE BROOKRIDGE HOMEOWNERS'ASSOCIATION.THE OWNER OF EACH OF THE SAID LOTS IS RESPONSIBLE FOR MAINTAINING THAT PORTION OF THE EASEMENT THAT LIES WITHIN SAID OWNER'S LOT FREE AND CLEAR OF TRASH AND DEBRIS.NO CLEARING OR GRADING SHALL OCCUR WITHIN THE EASEMENT UNLESS APPROVED BY THE CITY OF RENTON.NO STRUCTURES ARE PERMITTED WITHIN THE EASEMENT.THE ASSOCIATION HAS THE RIGHT TO ENTER UPON THE EASEMENT TO OBSERVE AND INSPECT THE CONDITION OF RHE EASEMENT.AND TO MAINTAIN OR REPAIR ANY SUCH DEFICIENCIES DISCOVERED THEREON,THE COST OF WHICH REPAIRS SHALL BE THE RESPONSIBILITY OF THE RESPECTIVE OWNER .., / 0 9mf i 8c PROFESSIONAL LAND SURVEYORS 0 rz=IaTs. o/w/w 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 //'-/ 07 MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO. 02097 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 2 OF 5 voL/PG B R O O K R I D G E LUA-02-088-FP LND-10-0373 SE1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 100 0 100 200 300 :I Nor°Os'ireo i`Is suR{EY 33 ■ • • Seale 1•m 100' 32 • BASIS OF BEARING; A I K.C.AS.PER PLAT OF STAFFORD CREST DIV. 1,VOL 154.PG.88-92 ZI 1 NE 33RO PL - I 1 I I I _ CRE� 5gV Jy 44 w ,REST DIV' 1 TApFO� PG' 1- 45 e b 48 pFORD 88 - 92 I BB NE 33RD S7, wl $ V. 19a• I ''' STA 154. pi. BP ss Bs I BB .1:- V' S 88'S1'1J'E �.00'PO 21 o - 1 $! I6 1-- 17 18 /8 I 60 I 61 N 01'2S'OB"E L19 48 {7 ti58.11' o N Bff00'38•W 330.65' S 8700'38•E 220.05' 16 15 14 L20 l^ FWD. 1/2"RBC L21 "GROUP 4 30450" FND 1/2"RBC 0.18'N. 1R TRACT A "GROUP 4 30450" L22 S AT CORNERS 18 17 •116 .(G 123 FND.2•K 2"WOOD STAKE Lo ea I L25 ON LINE �� c>. 1 I \ 367 L47 BJ L26 tiTRACT D 1 -.apENS[NNO 1 L48NE 32ND ST. STEEP SLOPE zn11L28 NGPA L45 4 FND. 1/2"RBC LKAt 51NGTON 3 $ GROUP 4 30450" 10 LOU L29 R��ILF xAgN 0.05'S.,0.16'W. L32 Cp' W� 66 L44 7 8 I 9 l34 - L33 351.75' V 11,PG 3 3 \ 6 N 8551 13"W 400.00' o"'x L43 (� Li5 14 7 I $ ue 364 - - - - _N - - L40 ' - L37 - - / N Bff03'18_W L39 I.3B 1 - - -T - - - - 7316.85' 77 S.LN.NE 1/4,SE 1/4 32-24-5 N n N OF DDEN E 8 TRACT A NO STEEP SLOPE 8 4A NG R( R[ App. L51 C.1' LAKE ga 1/2"RBC z V 11,pG. "GROUP 4 GR W4 3045 L540.12'W. I\\ 514.68 L48 /Y \ � S 8815757"E 558.56' 43.89 \\ --___ __ 8TH AVE.(NOT OPENED) �`` �\ 3 1 J 'E368 LINE TABLE �----.- VE 31�- 60 3 ��sr. �� o i r NUMBER IRECDON DISTANCE ��� \�� Vt Z -- m L19 8751'13"W 83.24' ry n L20 42-00'07•E 81.65' `\.�\`��_ -�� _ �� NI - L21 2842'32"W 25.91' 1 122 2842'32"W 16.80' �� - - I 123 39'25'26"W 30.37' `__�N�� L25 04'27'21"W 13.07' 128 21'55'56"E 66.55' ?". L28 21'55'56"W 37.15' - 129 80'03'23"W 42.80' 1.ALL MONUMENTS FOUND 10/28/00 UNLESS OTHERWISE NOTED. 0 gn L30 7713'22"E 14.28' 2.nES ARE TO THE CITY OF RENTON SURVEY CONTROL NETWORK PER THE W2 47'35'33"E 99.41' PLAT OF STAFFORD CREST DIVISION NO. 1. -' L33 47'35'33•E 7.81' Li L34 67'04'00"W 25.18' REFERENCE SURVEYS L35 874708•W 89.88' LOB 6516'54"W 44.64' PLAT OF STAFFORD CREST DN. 1,VOL. 154,PC.88-92 N 8ff 15'18•W 32,33 L37 8312'22"E 61.63' PLAT OF STAFFORD CREST DIV.2,VOL. 194,PG. 1-5 - - (323.10' - - m-0-0 L3B 831722"E 58.10' STAFFORD CREST DIV. 1 BOUNDARY UNE ADJUSTMENT REC.NO.9903089006 5,4 L39 8011'S5"W 26.19' RECORD OF SURVEY,VOL. 137,PG.232,REC.NO.20000517900001 SE COR.32-24-5 L40 80-11'55•W 90.78' 'NOT VISITED THIS SURVEY L43 01'38'52"E 24.85' LEGEND L44 0330'03"W 85.99' L45 54'29'44"W 49.01' RBC-REBAR AND CAP L48 5742'54•W 78.50' , L47 87'80.39"W 75.99' 0 SET 1/2"REBAR AND CAP"MEAD GILMAN N ASSOCIATES 1 7. 4E 1 WA 1' 1,48 3049'20"E 24.38' 29276,32434,35145,36811" ! / L49 2727'25"E 34.21' 0 FOUND 4".4"CONC. MONUMENT IN CASE W/2"BRASS 0SK �..lot O L50 14114'45•W 23.19' NO PUNCH MARK,USED 2'K 2'OFF-SETS FOR MARK i 3 4 // / L//1./ A l• L51 57'46'08•E 28.47' /w ✓•1V•l1il•'•il•/•iI•.JV VC/ '•l//•!••l•••Vl•.•V•F••V eJr4 0 PROPERTY CORNER FOUND AS DESCRIBED \r • LINE STAKE FOUND AS DESCRIBED ,/ • PROFESSIONAL LAND SURVEYORS EXPIRES. •/03/03 // /7-0?, 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO, 02097 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 3 OF 5 VOL/PG B R O O K R I D G E LUA-02-088—FP LND-10-0373 SE1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON EST DIV 1 I IV. 2 I I STAFFORD PG g8 92 I EST D v. 154, I I TAFFORD PG. 1 - 5 li 45 48 S �g4, I V. 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Sa•°. \ 99.,9' } NGPA - STEEP SLOPES N N \ bn.4 1919 ti8 J R,314.2Oo• L1 i c12 H S. p ,80, Ce CIO 81.08' 25.71' '�a� 4 '807ff'� 1��' 7,629 SQ.FT. �10'UM.FONT — 30 0 30 60 90 I I'!'" scale: 1 30' I g w 9 4 F OASIS OF BEARING; I I I y p 2015 K.C.A.S.PER PLAT OF STAFFORD CREST DN. 1.VOL 154,PG.88-92 I 1 N;id .,4' 1925 2009 W 8 ,, 52. i p G m 2003 1., 7,773G750.FT J F(END: I I I J I 11,520 SO FT. 6 8,858 SO.FT. S • SET 1/2"REBAR AND CAP'MEAD GILMAN 8 ASSOCIATES I I 9,493 SO.FT. - 29276.32434.35145,38811" 3z X SET NAIL W/SHINER"LS 29276" I W o w Pitt. --- - ED FOUND CONCRETE MONUMENT AS DESCRIBED I A, o • SET STANDARD 4"X 4"KING COUNTY CONCRETE MONUMENT IN CASE I z SET 4"X 4"CONCRETE MONUMENT W BRASS DISK z _ 25'BSBI _�' Q / _� 425' STAMPED"BUFFER EASEMENT"TO DENOTE BUFFER LINE ONLY u __-_- ___--_- E © ui - _- __ N 89'41'OB E FIRE SPRINKLERS REQUIRED E 10 BUFFED / " 85AN 64 90.78' —A-'- r 2016 STREET ADDRESS N B7I(•55,W 81.83' 26.19' 58,10' 119.73' ire 97' N 6512'22"E LINE AND CURVE TABLES TRACT E NUMBER DIRECTION DISTANCE NUMBER DELTA ANGLE RADIUS ARC LENGTH NGPA - STEEP SLOPES LI N 8700'38"W 21.00' C8 _112'11'10" 15.00 29.37 L,1 N 4740'52"W 18.47' C9 01'56'50" 150.00 5.10 H. " 4-' L12 N 2223'48"E 10.00' C10 10'02'37" 150 00 28.29 0E �•,lr L13 N 8700'38"W 7.28' C71 9000'00' 15.00 23.88 •" /r°''�p ,n,,N,,,� n L18 N 88.38'23"W 41.31' C12 05'56'08" 300.00 31.08 '•( r &W//1I{.�//V X/� �AAwO. 0 L17 N 54'56'49"W 50.76' `L i s Wi V (�Gr K1.:aGY17{./ L18 N 005722"E 24.90' :.,� 1.• PROFESSIONAL LAND SURVEYORS 0 6(RRES.10/03/03 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 /-/p-0Z/ MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO. 02097 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 4 OF 5 VOL/PG B R 0 0 K R I D G E LUA-02-088-FP LND-10-0373 SE1 /4, SEC. 32, T. 24 N., R. 5 E., W.N. C TY OF RENTON, KING COUNTY, WASHINGTON EST DIV 1 D CR 92 66 I I STAFF°R PG' 88 - 65 V• 15� i 64 I I I I 63 I I I 61 62 60 I O • N 88'51'13'W 6500' )1322)0' ' 180.77' w4.1 / m / / Q� E, 6 Z 0 7,287 SO.Ff. 15 9.905 SO.Ff. 9'ty/// 2,~"0� •I Z ® 7,868 SO. FT. �� 2030 AS (a // N 89'00'38"W 79.63' 35.00' 1'42112 a4 / b /;;<-. ,,c�yy N 88'47'30'W a^ / 1,114.68• \Q'. 41,), as.. T8.72, iii, / J 7''v* 1 i9'28 m FJJ'' N 41'18'15"E 2 $ R=55.00g \ `5�OAS' 8 7'301Y4, 21.89' // 18 cr8 17 / NM1,7 7 p8 5 8,480 50.FT. , ,., ��• 15 6/ F•54• �Q• 8,743 S0.FT. N 04'27'21"W S 2216 / m S' .�Y�j �,'r7 /51� 13.08' IM:y .�'B•4 Ilw•• EET o " ‘5 5°Jj/ / 4. �:u \ PRIPUB Onl..i 0 ` 6 07 5, / $� / Dp� W _- L•51.78'� O M1y 1. 4, 12 77 / �^o 2 A; 11"29'S8� 4,*oo / -� 8.118 60.Ff. / •D^tgd W 7J• 7p ® Li W 35.OZ +R+ + / In n L.65.28' '�. A;13'24'20; N 7T D R•/ / N Bff00'3B"w R. 279.05 a3279 1451 C\ 7 'i T5_ / 99.19' ST�32.79 N 7T33`•02 E / 9.4. !� R�I -/ • NE 32ND STREET 11, LI5 5ozs Z / es� s • 89'00'3B"W C 12 L 4.3 07.28 12• - •TO i 7.963 SO.FT. // ? '�_ ^"' 25.71' R..300.00_ 1 900 / N 8D'03'23" 2 oW. ® // 42.8p W i £ m / / N 77'13'22"E j / 14.28' g Z 2227_ I // 7. qi. N 10 // /� A,O�:✓ a m 7,216 SO FT. • / / 0•, TRACT D 292E ,T.m, // / 221.1 9 £ / NGPA - STEEP SLOPES 8 ' 7,778 50.FT. '' ( 4, 7,773 SO.FT. •y �� k n TI 4B 6' N 88'S1'13"W 351.75. 8 2- -J )25'BSBL A / 24.25' 65.63' 6 N 89'41 8'E 89.88' UNE AND CURVE TAB= 30 0 30 60 90 ,o 4. 0 RA ,c0. W NUMBER DIRECTION DISTANCE NUMBER DELTA ANGLE RADIUS ARC LENGTH �■■ - 10 g�'PEN 'B L14 N 89'00'38'W Ell 9' C12 0556'08` 30000 31.08 5 I 1"=30' L15 N 77'35'02'E 11.63' C13 0752'18" 55.00 7.56 014 27'20'54" 55.00 26.25 C15 0Z04'24" 13700 4.96 BASIS OF BEARING; z C16 9(709'32` 15.00 23.60 K.C.A.S PER PLAT OF STAFFORD CREST OW. 1,VOL. 154,PG.88-92 TRACT E C17 01741'59' 55.00 9.31 NGPA - STEEP SLOPES LEGEND: O SET 1/2"REBAR AND CAP"MEAD GILMAN&ASSOCIATES 29276.32434.35145,36811' MY•A PHI X SET NAL WI SHINER'LS 29276" •0� 4 ® FOUND CONCRETE MONUMENT AS DESCRIBED Iti , +r�• B SET STANDARD 4"%4"KING COUNTY CONCRETE MONUMENT IN CASE ,. Fi 4id &""" C 8c A J' O SET 4'%4"CONCRETE MONUMENT W/BRASS DISK 0 SZ j PROFESSIONAL LAND SURVEYORS chi STAMPED"BUFFER EASEMENT"TO DENOTE BUFFER LINE ONLY L%RRE5,10/03/05 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 QS ARE SPRINKLERS REQUIRED p 9016 STREET ADDRESS //'//"07/ MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 N0. 02097 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 5 OF 5 VOL/PG BROOKRIDGE LUA-01—055—FP (PRELIMINARY PLAT AS SAINT CLAIRE) SW1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON LEGAL DESCRIPTION: CITY APPROVALS PARCEL A CITY OF RENTON PUNNING/BUILDING/PUBLIC WORKS DEPARTMENT THE NORTH 300 FEET OF TRACT 364 OF C.D.HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN EXAMINED AND APPROVED THIS_DAY OF_ 20-_ ADDITION NO.6,AS PER PUT RECORDED IN VOLUME 11 OF PLATS,PAGE 84,RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH THAT PORTION OF VACATED NE 33RD STREET(BLANCHE AVENUE)AS THE SAME WAS VACATED BY CITY OF RENTON ORDINANCE NO.4767 RECORDED UNDER KING COUNTY ADMINISTRATOR RECORDING NUMBER 9903080899; (ALSO KNOWN AS A PORTION OF PARCEL Q OF STAFFORD CREST DMSION 1 LOT LINE ADJUSTMENT NO.LUA-98-183-L1A,RECORDED UNDER KING COUNTY RECORDING NUMBER 9903089006); SITUATE IN THE CITY OF RENTON,COUNTY OF KING.STATE OF WASHINGTON. CITY OF RENTON MAYOR,EXAMINED AND APPROVED THIS DAY OF 20_. PARCEL B: ATTEST: TRACT 76 OF C.D.NILU N'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 1,AS PER MAYOR CITY CLERK PUT RECORDED IN VOLUME 11 OF PLATS,PAGE 63,RECORDS OF KING COUNTY,WASHINGTON. SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS.ALLEYS DEDICATION/CERTIFICATION; OR OTHER PUBLIC USES ARE PAID IN FULL THIS-DAY OF 20_ KNOW ALL 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 HEREBY,AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FINANCE DIRECTOR FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES,AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND COUNTY APPROVALS FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES.AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON,INCLUDED KING COUNTY DEPARTMENT OF ASSESSMENTS BUT NOT UNITED TO PARKS,OPEN SPACE,UTIUTIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PUT AS BEING DEDICATED OR CONVEYED TO EXAMINED AND APPROVED THIS DAY OF 20_. A PERSON OR ENTITY OTHER THIN THE PUBUC,IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS,EASEMENTS OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR KNOW BY ALL PEOPLE BY THESE PRESENT THAT WE,THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCOUNT NOS. ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PUT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER FINANCE DMSION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE NO JAMES D.CHAPMAN THOMAS W.CAVE DEUNQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION CO ENTERPRISES,INC. FRONTIER BANK ON ANY OF THE PROPERTY HEREIN CONTAINED,DEDICATED AS STREETS,ALLEYS AN ALASKA CORPORATION OR FOR OTHER PUBLIC USE.ARE PAID IN FULL.THIS DAY OF _20_. JOHN R.DAY MANAGER,KING COUNTY FINANCE DMSION DEPUTY JOHN DAY HOMES,INC. A WASHINGTON CORPORATION SFATTI F/KING COUNTY HFAI TH DEPARTMENT fj$NOWLEDGEMENTS EXAMINED AND APPROVED THIS DAY OF 20-- STATE OF COUNTY OF ENVIRONMENTAL HEALTH DMSION I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT___ SIGNED THIS INSTRUMENT,ON OATH STATED THAT(HE/SHE)WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED R AS THE LAND SURVEYOR'S CERTIFICATE I,TIMOTHY A.GRIFFIN,HEREBY CERTIFY THAT THIS PUT OF BROOKRIDGE OF CO ENTERPRISES,INC. ,TO BE THE FREE AND IS BASED UPON AN ACTUAL SURVEY AND SUBDMSION OF SECTION 32,TOWNSHIP VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. 24 NORTH,RANGE 5 EAST,W.M.,THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON;THAT THE MONUMENTS WILL BE SET AND THE LOT ANTI BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMP- DATED LETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING SIGNATURE OF REGULATIONS. NOTARY PUBUC PRINTED NAME TITLE _ MY APPOINTMENT EXPIRES HY„ aF•pC '/„�, TIERIFI A GRIFFIN.P.L.S. Wit, ti y CERTIFICATE NO.ASSO8 STATE OF WASMINGTON MEAD OXM28&ASSOCIATES COUNTY OF ;� P.O.BOX 289 PHONE:(42, 486-1GT2 98072 PHONE:(425)488-1252 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT 39216 4•>• SIGNED THIS INSTRUMENT,ON OATH STATED sgvC•�LENF+ THAT(HE/SHE)WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE EXPIRES.10/03/03 OF FRONTIER BANK ,TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED RECORDING CERTIFICATE SIGNATURE OF FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS NOTARY PUBLIC _____DAY OF ,20_ AT MINUTES PAST PRINTED NAME AND RECORDED IN VOLUME OF PLATS.PAGE(S)_ RECORDS OF KING COUNTY,WASHINGTON. TIRE - - - - MY APPOINTMENT EXPIRES - DMSION OF RECORDS AND ELECTIONS STATE OF WASHINGTON COUNTY OF MANAGER SUPERINTENDENT OF RECORDS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT,ON OATH STATED THAT(HE/SHE)WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF JOHN DAY HOMES,INC. ,TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ;�^,.,. & �(/�,�,� ^� DATED d V W//4W// K1.JA.►430. 0 SIGNATURE OF PROFESSIONAL LAND SURVEYORS 0 NOTARY PUBLIC_ PRINTED NAME 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 TITLE MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 MY APPOINTMENT EXPIRES-_ -_____.._______ J08 NO. 02087 SHEET 1 OF 5 PHONE: (425) 486-1252 FAX: (425) 486-6108 VOL/PG BROOKRIDGE LUA_01.055_FP (PRELIMINARY PLAT AS SAINT CLAIRE) • SW1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON EASEMENT PROVISIONS & COVENANTS; GENERAL NOTES; 1. INSTRUMENT B PROCEDURES: A 5"ELECTRONIC TOTAL STATION WAS USED AN EASEMENT IS HEREBY GRANTED TO THE CITY OF RENTON,PUGET SOUND ENERGY, FOR THIS FIELD TRAVERSE SURVEY. ACCURACY MEETS OR EXCEEDS WA.C. COAL CREEK WATER DISTRICT,QWEST,A.T&T BROADBAND,THE 332-130-090. OWNERS OF ALL LOTS WITHIN THIS PEAT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.UNDER,OVER AND UPON THE EXTERIOR 10 FEET PARALLEL WITH AND 2. ALL LOT AND TRACT CORNERS SHALL BE MARKED WITH 1/2"REPAIR AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL. ORANGE PLASTIC CAP STAMPED MEAD GILMAN h ASSOCIATES 29278 LAY CONSTRUCT.RENEW,OPERATE AND MAINTAIN UNDERGROUND CONDUITS,CABLE. 32434 35811 35145'. PIPELINE,AND WIRES WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO THIS SUBDMSION AND OTHER PROPERTY WITH ELEC— 3, STANDARD KING COUNTY SURVEY MONUMENTS SHALL BE SET IN CASES AS TRIC,TELEPHONE,GAS,CABLE T.V.SERVICE.SEWER.WATER AND DRAINAGE TOGETHER MARKED ON THE PUT MAP. MONUMENTS WILL BE MARKED WITH AN'X' WITH THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TIMES FOR THE AND STAMPED PLS 29276'. PURPOSES STATED. THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON 4. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORD— THIS PUT SHALL BE OWNED,OPERATED,AND MAINTAINED BY THE HOMEOWNER'S INC TO THE APPROVED PLAN AND PROFILE ON FILE WITH RENTON ASSOCIATION CREATED FOR THIS PUT. THE HOMEOWNER'S ASSOCIATION SHALL DEVELOPMENT SERVICES DMSION AND NIT DEVIATION FROM THE APPROVED BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE PROPER AGENCY, THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID PRIVATE DRAINAGE CURRENTLY RENTON DEVELOPMENT SERVICES DIVISION. EASEMENTS TO REPAIR ANY DEFlCENCIES OF THE DRAINAGE FACIUTES IN THE EVENT THE OWNER(S)IS/ARE NEGIUGENT IN THE MAINTENANCE OF THE DRAINAGE 5. ALL BUILDING DOWN SPOUTS.FOOTING DRAINS,AND DRAINS FROM ALL IM— FACIUTIES. THESE REPAIRS SHALL BE AT THE OWNER(S)EXPENSE. PERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED ALL LOTS AND TRACTS WITHIN THIS PUT ARE SUBJECT TO THE HOMEOWNER'S TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED ASSOCIATION ESTABUSHED IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH CONSTRUCTIONPLAN DRAWINGS ON FILE SUBMITTEDWITIT RENTONWITDEVELOPMENT SERVICES IDENTIFIES EACH LOT OF THIS PUT AS A MEMBER OF SAID HOMEOWNER'S BUILDRIGSION. IS SHALL BE IONSOF THEATS THE MUSTRE APPLICATION OF RUY ASSOCIATION. MOAPG PERMIT. ALL TO CONNECTIONS DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR FINAL BUILDING INSPECTION APPROVAL. THE OWNER(S)OF THE LAND EMBRACED WITHIN THIS PUT,IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDMSION,BY SIGNING HEREON,COVENANTS B. NO LOT OR PORTION OF A LOT IN THIS PUT SHALL BE DMDED AND SOLD AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE SHOWN ON THIS PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS.OR OWNERSHIP OF ANY PORTION OF THIS PUT SHALL BE LESS THAN THE AREA OF ANY SUBDMSION THEREOF. THIS CONVENANT SHALL RUN WITH THE LAND AS REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. SHOWN ON THE PUT. 7. THE NATIVE GROWTH PROTECTION AREA(NGPA)IN THIS PUT IDENTIFIES THE ACCESS EASEMENT STEEP SLOPES. THE CREATION OF THE NGPA CONVEYS TO THE PUBUC A WITNESSETH THAT SAID GRANTORS.FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH BENEFICIAL INTEREST IN THE LAND WITHIN THE AREA. THIS INTEREST SHALL IS HEREBY ACKNOWLEDGED,HEREBY GRANTS AND CONVEYS AN ACCESS EASEMENT OVER, BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL ACROSS AND UPON THE PRIVATE DRAINAGE EASEMENTS SHOWN ON THE FACE OF THIS OF SURFACE WATER AND EROSION,VISUAL AND AURAL BUFFERING,AND PUT.PER AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON.A MUNICIPALITY PROTECTION OF PLANT AND ANIMAL HABITAT. THE NGPA IMPOSES UPON ALL CORPORATION OF KING COUNTY.FOR 111E PROJECT KNOWN AS BROOKRIDGE AS PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND,ENFORCEABLE GRANTEE.TO ENTER UPON SAID EASEMENT FOR THE PURPOSE OF OBSERVING AND ON BEHALF OF THE PUBUC BY TIIE CITY OF RENTON,TO LEAVE UNDISTURBED INSPECTING THE FACILITIES TO ASSURE THAT THE OWNERS.THEIR SUCCESSORS AND ALL TREES AND OTHER VEGETATION WITHIN THE NGPA. THE VEGETATION ASSIGNS.ARE PROPERLY OPERATING AND MAINTAINING THE DRAINAGE FACILITIES WITHIN THE NGPA MAY NOT BE CUT,PRUNED COVERED BY FILL,REMOVED PURSUANT TO THE ABOVE REFERENCED PLAN AND CONTAINED WITHIN SAID EASEMENT OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF AREA.THE COVENANTS HEREIN CONTAINED SHALL RUN WITH THE LAND AND ARE RENTON,PROVIDED HOWEVER,THAT THE OWNERS OF THE LAND MAY REMOVE BINDING UPON THE GRANTORS.ITS HEIRS AND ALL SUBSEQUENT OWNERS THEREOF. DISEASED TREES. THE RIGHT OF ENTRY HEREIN SHALL APPLY TO THE AGENTS, OF REPRESENTATIVES AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT OWNERS PRIVATE DRAINAGE EASEMENT THE LAND. THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE B. ANY HOUSE CONSTRUCTED WITH OVER JBOO SQUARE FEET OF LMNC SPACE IS PUT SHALL BE OWNED.OPERATED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION REQUIRED TO HAVE APPROVED FIRE SPRINKLERS. CREATED FOR THIS PUT.THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABUSHED I ACCORDANCE WITHO WASHISHALL HAVE STATE LAW. 9. HOUSES CONSTRUCTED ON LOTS 11 THROUGH 16 ARE REQUIRED TO HAVE APPROVED THE CITY IE RENTON TH RAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR FIRE SPRINKLERS ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNERS ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE FACILITIES.THESE REPAIRS SHALL 10.TRACT A IS A STORM WATER DETENTION TRACT TO BE OWNED AND MAINTAINED BY THE BE AT THE OWNER'S COST. HOMEOWNERS ASSOCIATION. THE PUBLIC UTILITIES EASEMENT OVER LOT 2 IS HEREBY GRANTED TO ALL PUBLIC 11.TRACT B IS A PRIVATE ACCESS TRACT TO BE OWNED AND MAINTAINED BY THE OWNERS UTILITIES FOR USE TO INSTALL AND MAINTAIN ANY OF THEIR FACIUTES THEREIN.THE OF LOTS 1 THROUGH 5.SAID LOTS SHALL BE EQUALLY RESPONSIBLE FOR THE COST ROAD SURFACE THEREIN SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S AND MAINTENANCE OF THE ROAD WITHIN SAID TRACT. ASSOCIATION.THE ROAD WILL BE RESTORED TO ITS PREVIOUS CONDITION BY ANY ENTITY WHICH IN COURSE OF INSTALLATION OR REPAIR OF UTILITIES WITHIN THE 12.TRACT C IS A PRIVATE ACCESS TRACT TO BE OWNED AND MAINTAINED BY THE OWNERS OF EASEMENT CAUSES DAMAGE TO THE ROAD. LOTS 12 THROUGH 18.SAID OWNERS SHALL BE EQUALLY RESPONSIBLE FOR THE COST THE FIFTEEN FOOT WIDE SANITARY SEWER EASEMENTS SHOWN HEREIN IS HEREBY AND MAINTENANCE OF THE ROAD WITHIN SAID TRACT. GRANTED TO COAL CREEK WATER AND SEWER DISTRICT TO INSTALL.MAINTAIN AND 13.TRACT D IS A NATIVE GROWTH PROTECTION AREA AND IS TO BE OWNED AND MAINTAINED ANY Y FACILITY THEREIN.THE DISTRICT IS RESPONSIBLE FOR REPAIR TO THE ROAD BY THE HOMEOWNERS ASSOCIATION.REFER TO NOTE 7 ABOVE FOR RESTRICTIONS. IF ANY DAMAGE TO IT OCCURS DURING INSTALLATION,MAINTENANCE OR REPAIR OF THE FACILITIES. 14.TRACT E IS A NATIVE GROWTH PROTECTION AREA AND IS TO BE OWNED AND MAINTAINED THE FIFTEEN FOOT WIDE WATER EASEMENT SHOWN HEREIN IS HEREBY GRANTED TO BY THE HOMEOWNERS ASSOCIATION.REFER TO NOTE 7 ABOVE FOR RESTRICTIONS. THE COAL CREEK WATER AND SEWER DISTRICT TO INSTALL,MAINTAIN AND REPAIR 15.TRACT F IS TO BE TRANSFERRED IN OWNERSHIP TO THE ADJOINING PROPERTY OWNER. ANY FACILITY THEREIN.THE DISTRICT IS RESPONSIBLE FOR REPAIR TO THE ROAD IF ANY DAMAGE TOO OCCURS DURING INSTALLATION,MAINTENANCE OR REPAIR OF THE 18.ALL LOTS WITHIN THIS PUT ARE SUBJECT TO A TRAFFIC MOIOATION FEE OF$717.75 FACIL.ITES. PER LOT. 17.ALL LOTS WITHIN THIS PLAT ARE SUBJECT TO A FIRE PROTECTION MITIGATION FEE OF $488.00 PER LOT. 18.ALL LOTS WITHIN THIS PUT ARE SUBJECT TO A PARK MITIGATION FEE OF$530.78 PER LOT. AtQA2,1 U , & A . 292]6 FF s:c�1 PROFESSIONAL LAND SURVEYORS EXPIRES..No/oo/oa 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO. 02097 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 2 OF 5 voL/PG B R O O K R I D G E LUA-01-055-FP (PRELIMINARY PLAT AS SAINT CLAIRE) . SW1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 100 0 _ 100 200 300 r. SE COR.32-24-5 CLgZ NOT VISITED SURVEY 33 2 Scale: 1"- 100' 32 BASIS OF BEARING; r 6 I K.CAS.PER PLOT OF STAFFORD CREST DN. 1,VOL. 154,PG.88-92 ill 1 NE 33RD PL. - I I I _ II _ ply. CIS 5 w ST ON 1 I 3TAFF0 4, [RD ,p. 1 46 Y 48 FORD �R 6 92 I I BS I BB NE}}RD ST. GA V. 19 I ola STy, 154, P..1_-_-__ • ez $BBB'S1'13"E aoo.00' 2' 20 2f N• 18 /7 18 19 46 z'v 47 I 80 I 61 �N 01'25'08"E L19 -1" -n 58.11' N B9'00'}6'W 133C.65'� Y S 8900'39'E 220.05' 15 14 120 z "GR. 4 04 1 16 121 .16'"GROUP 4 30450" "G 1P24 304 1 0.18'N. 4 TRACT A "GROUP a 30450" -c G 3 AT CORNERS 1 18 17 '(�S 13 ' L243 END.2"z 2"WOOD STAKE 2 L25 ON LINE CT 1 5$ 367 L47 3 6 I l26 TRACT D o R N OF N Np I L46 NE 32ND ST. 11 L287 STEEPNOPA SLOPE z 1 �A�n/$ d pARDpMS[0 US 4 END. 1/2"RBC E1 IJr tNpfp g GROUP 4 30450" 10 W1 L30 L29 C.D. Lod XAgH 0.05'S.A 0.18'W. L34 uz p' IA � 59 LH 7 6 I 9 L33 351.75' 11,PG. 3 0 5 6 Al 88'51'13"W 400.00' 1 V. o L43 L35 -/� I 1 364 No 42 L36 -LZ1 L40 L38 L37 - - N 89'03'19_W L39 1 - - �- - - 1318.65' - - 77 5.LN.NE 1/4,SE 1/4 32-24-5 cj co R s orEDO 1 TRACT E w S pN CARDENo. 6 I STEEP SLOPEPA .5 ..:LB tt[NO A0D. ()V L51 ^ C.D. p 84 END. 1/2"RBC z V. 11.p 1 "GROUP 4 30450" 0.12'W. L50 TRACT F 1 L49 2'" 521.68' L48 S 88'59'57"E 558.56' -' 8TH AVE.(NOT OPENED) 1 INF_TAR c 1 NUMBER DIRECTION DISTANCE ROES 1 L19 N 8851'13"W 83.24' 54 3 1,ALL MONUMENTS FOUND 10/26/00 UNLESS OTHERWISE NOTED. L20 N 4200'07"E 61.65' v pi G L21 S 2542'32"W 25.91' 3 i L22 S 2542'32"W 16.eo' REFERENCE SURVEY'S L23 S 42'49'18"W 26.49' 'a•,� 'r 368 101^ 124 N 04'52'31"E 9.79' PUT OF STAFFORD CREST DA,. 1,VOL. 154,PG.88-92 ,�m L25 N 04'27'21"W 7.33' PLAT OF STAFFORD CREST DIV.2,VOL 194,PG. 1-5 0I2 1 L28 N 21'SS'S6"E 88.55' STAFFORD CREST DN. 1 BOUNDARY LINE ADJUSTMENT REC.NO.9903089008 wA L27 S 24'27'S2"W 18.85' RECORD OF SURVEY,VOL. 137,PG.232,REC.NO.20000517900001 N 128 5 2235'56"W 18.54' L29 N 80'03'23"W 41.73' LEGEND L30 N 7713'22"E 14.28' L31 S 46'53'19"W 34.30' RBC-REBAR AND CAP z� L32 N 44'21'46"E 43.19' L33 N 50'48'28"E 29.86', ® FOUND 4"z 4"CONC.MONUMENT IN CASE W/2"BRASS DISK ui LJ4 S BT04'00'W 25.18' NO PUNCH MARK.USED 2'z 2'OFF-SETS FOR MARK L35 S 89'41'08"W 89.88' • PROPERTY CORNER FOUND AS DESCRIBED L38 S 8518'54"W 44.84' - - _ N 89'15'18"W 32 y 33 L37 N 8554'52"E 39.79' • LINE STAKE FOUND AS DESCRIBED 1323-10• - - 3.O-ez L38 S 7817'48"W 69.76' 5 A 4 L39 N 7527'02"W 2&95' SE COR.32-24-5 U THISO N 88'SO'44"W 21.80' NOT VISITED SURVEY L41 N 80'013'42"W 31.20' L42 N 78'01'52"W 48.82 L43 S 01'38'52"E 24.85' L44 N 0230'03"W 85.99' qq L45 N 54'29'44"W 49.01' �Po�Y'i4.. , 54, L46 N 534254"W 78.50' 4 4,,, L47 N 8T50'39"W 75.99' L L48 N 135'55'38"E 21.22' N ft `;-.'" Y/l.Yti/ V�� K7. & :.iW'V s G . 0 L49 N 11'16'40"E 46.88' L50 N 3252'27"W 20.89' 29270 .L51 N 63'06'02"E 24.04' ,AC/ ct,C, PROFESSIONAL LAND SURVEYORS 0 E%MRES.10/03/03 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO. 02087 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 3 OF 5 VOL/PG B R O O K R I D G E LUA-01-055-FP (PRELIMINARY PLAT AS SAINT CLAIRE) SW1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON DIV. 1 F�gn CKEB T 92 \ \ 66 I I STAF pG• 65 I V. 154 1 64 I I II 63 - - 61 I 62 60 - N 88'51'13"W , I 65.00' 95 00' w 156.76' ! / Li $i., /' 4, n 16 0 /' /. 7,267 SO.FT. 05 15 1 // ?N"06 9,450 S0.F'S 7,904 5O.FT. 12030 W 4, / IN 89'00'38"W $", ® 0 g 12117 / in IZL17. '�!' / 7 N 26'42'32"E 79.63' 35.00' 25.91' V. / z N BS47'3O"W 134.09' / / N, / 33.99' 4: G N 1 . ' /` N 28'42'32"E 0 9i/ ��119'2B 0g \ 01 9. 0\P N 47'18'15"E / R 55.00' N, CEO, No° V. 21.89 / /zL.o pai\S QIy\, +o bhp.hop I�'11 // 26.4949'18"E p O yh. IF.l.J..L 1 8 a g 17 / .60 ry 1 3 ' N 04'52'31"E 9A 8.480 50.FT. / 4' /•E 6+ Dp� 8,723 SQ.Ff. I B.79 'N . 5�\5++� E/ I .�N oa'2721"W I2216 R g QS�7J. H 06 5Ej I I 7.33' \. .+5 00 / FK A I D,2�+65' H / P 12105 ' i M 1.51.7B'� `O y ./ M1y1 4 / 'rj'y �A-258.SE" // ^ 8,093 SO. FT. I ry^ L14 R 258.00 ,1,/M1�� h o / ® / _ =Q' W N L.65.28' 0Y E D Q' \'o r 00. / b 00 �e 132420� NTT' p','/ ,.eg J. / N 8900'38"W 00 $ R.279. 52.79' 14.51' C\3 / / 99.19' ST.32.79r- ''^1• N 1.ry502`E / p033 /---1 n NE 32ND STREET LAB 50'2B 1 1 BSEL N82845�7'S2"E / 25. N 89'00'38'W C12 L07' 1112, / 7.963 SO.FT. /' 25.7e H.-300.OD ' NO. MEM // . N 80'OJ'23.W NB.5435'S8"E E 41.7J N 7T13'22"E i /' :. '� 14.28' Q 1 o i / t` z e�ow / N / 9 zozl .%.. 7,218 SQ.S FT. /' ;� TRACT D rata S 9 £ / •h NGPA - STEEP SLOPES 8 7,778 80.FT. 7,773 SQ.FT. -./ N 50746'28"E 22.18' o £ \5 2hp00h N 5046'26"E 48.26' N6T 7.68' N 88'51'13"W 351.75' r IW -J i�� 25'BSBL A 18LINE AND CURVE TABLES In 2475' 85.83' fv NUMBER DIRECTION DISTANCE NUMBER DELTA ANGLE RADIUS ARC LENGTH 30 0 30 60 90 /+dN' N 89'41'08'E z L14 N 8900'38"W 8.19' C12 OS56'08" 300.00 31.08 • • - N BSM BA O L15 N 7735'02"E 11.83' C13 0752'18" 55.00 7.56 • • • - C14 2720'54" 55.00 26.25 Scale: 1".30' d.SN Fri' C15 02'04'24" 137.00 4.96 C16 9209'32" 15.00 23.80 _ +0 C17 0941'59" 55.00 9.31 C18 0248.22" 155.00 7.31 BASIS OF BEARING; C1 1825'13" 140.00 45.01 K.C.A.S.PER PLAT OF STAFFORD CREST OW. 1,VOL 154,PC.88-92 TRACT E NGPA - STEEP SLOPES ' LEGEND' "r .01..;�As7;•. • SET 1/2"REBAR AND CAP'MEAD GILMAN&ASSOCIATES ;�4" 29276,32434,35145,38811" ?� *)• CACCICI` �j,/ �, �/� � A 4n�.• FOUND CONCRETE MONUMENT AS DESCRIBEDV(�V"/EY2 Vb tJC1JAyV�J$%• SET STANDARD 4"X 4"KING COUNTY CONCRETE MONUMENT IN CASE sIfoI PROFESSIONAL LAND SURVEYORS ® FARE SPRINKLERS REQUIRED EXPIRES.10/03/03 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 lay¢ STREET ADDRESS MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB NO. 02087 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 5 OF 5 VOL/PG B R O O K R I D G E LUA-01-055—FP (PRELIMINARY PLAT AS SAINT CLAIRE) SW1 /4, SEC. 32, T. 24 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 2 I OgD CR g8T D92 ' IV. I STAFF pG. I CREST I V j54, STD pG 1 / 5 I,vFOR 45 L48 I 20 I I 21 I 18 I 19 I I I 46 1 47 I I N 89100'38"W I I 22' 22' 1 1}p,08 J N 89100'38"W 15'SANITARY SEWER ESMTJ b ,o 190.00 - ® . 70.00' 79.63' A� • , 4, 21' 21' ryN`4J• , h•Jsr�s�6 S 1 I � AI6:,4 12,895 SQ.FT. n W u 4' PUBUC UTILMES J \ \ �Jp fir. ti o_ TRACT A �, EASEMENT \ r Se.'7;J• m ti g 4^" N 3601'13'W J� 88,54,"'o�Cr w o W I w 21 8 18 17 o r STORM WATER DETENTION rym`0. zg.z5' ti,y 7,j`�(�S• _ V J p g z 2 11907 ry ('OS',y'ej_< lv g B.001 so.FT. t,'^0 2 \ �n o 2 ,,,a,. 4 4,, ry et $- z 8,706 SQ.FT. ry 7 4. ??' <rZ/C �'r0. 78.. I N ® aog` N< 1PN rn 70 `\ 6p 0?`'k YJ 'P*le.e.?) 7. W 75.99' � \\ 2 11973 h0 N 72ore00B• 55.00' _ U, Li LO ry 4,,r`1p0,,, \\ 8.977 SQ.FT. `,1,' u e NE 32N0 STREff ry 1n s. \\f 4•w '\ ?e.. \\ ,�•.4.. •P i JOPo9 ry Is'WATERFSMT L7 a -N 8 _ _ TRACT E �° ' _ .,. ,�: �� NGPA - STEEP SLOPES N` ? J 4a 7 8, H3,\ N` 1a R.•42.08 Co C10 L13J 61,06' 25.71' C12 r�, 4 — _ _ t°o7rs•� ��\I 7,829 SO.Ff. -L-10'UTIL.ESMT 30 _ 0 _ 30 80 90 may.- 9 l i�Z Stele: 1"-30' I i `�. 2L015 64:'" LE ma 8 N S OF BEARING: I I K.C.A.S.� PER PLAT OF STAFFORD CREST DN.1,VOL 154,PG.88-92 eui.a, I I 2 5 21 003 7 _ 7,773 SQ.FT. �/.�F�� I II 11,828 SQ.FT. � 6 a B,B00 SO. FT. O1 g E LEyyJ� tl E I 9,592 SQ. FT. do S = z • SET 1/2'REBAAR AND CAP"MEAD GILMAN&ASSOCIATES 29276,32434,35145,38811" ® FOUND CONCRETE MONUMENT AS DESCRIBED I • SET STANDARD 4'X 4'KING COUNTY CONCRETE MONUMENT IN CASE I / L —�25'BSBL-J-ice/ / ® FIRE SPRINKLERS REQUIRED 2485' 52"W _--_-_ _----- 24.25' Ina STREET ADDRESS --`.-- TIgEO /\gh, E N 8941'OB"E N 78.01 10 NONFFER —_ N 65 AA 0a 52 W �-- N 85154'52"E 4g.e2 N 80.06'42"W ` 21 96' 39.79' 31.20 N 75. •27.02. 4780 46"E 59.71. 1JNE AND CURVE 1A8 2a.95 W N 7gti N 88'S0'44'.1 T 7' TRACT E 13 NUMBER DIRECTION DISTANCE • NUMBER DELTA ANGLE RADIUS ARC LENGTHNGPA - STEEP SLOPES L1 N 89'00'38'W`21.00' ''C5 21154'32' 50.00 19.12 L3 N 8850'44'W''8.63' ' C8 1815'37" •50.00 '14.19 9 L8 N BPOD'38'W 8.09' C7 18115'37" 50.00 14.19 olY•U`Asy� L9 N 48'40'52"W 13.18' C8 11Z11'10' 15.00 29.37 .L°'• '5: L1LI1 N 48'40'S2'W 118.47' C10 11002'37" 150.00 28.29 4 � V lJV A . O L12 N 2Z23'46'E 10.00' C11 90'00'00' 15.00 23.58 <; o L13 N 89.00.38'W 7.26' C12 05'58'08" 300.00 31.08 S'• 2927e n ' PROFESSIONAL LAND SURVEYORS G� L18 N 8836'23"W 21.18' C19 18125'14" 140.00 45.01 PF•c,F:�R�', L17 N 5458'49'W 50.78' %EXPIRES,10/03703 17625 130TH AVE. N.E., STE. 104, WOODINVILLE, WA 98072 L18 N 0059'22'E 21.94' MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 JOB N0. 02087 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 4 OF 5 www.wa.gov/tInt/htdocs/p/soi • Z_ 2 Z r.- 0 . . 20 ma yU.', -Z © IA WU- 0 e cr IIJU W 0 • STAFFORD CREST DIV. 1 Volume/Page LOT LINE ADJUSTMENT MAP us %L DESCRIPTIONS NE1/4, SE1/4, SEC. 32, TWP. 24N., R. 5E., W.M. LUA-98-183-LLA CITY OF RENTON LND-30-0181 PARC . 1 (EXISTING) KING COUNTY, WASHINGTON • THE IORTH 300 FEET OF TRACT 364 OF C. 0. HILLMAN'S LAKE WASHINGTON CARE V OF EDEN ADDITION TO SEATTLE DIVISION NO. 6, ACCORDING TO THE PLAT ACKNOWLEDGMENTS THER )F, RECORDED IN VOLUME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, STATE OF ) WASI 1GTON. -ma TER WITH THAT PORTION OF VACATED N.E. 33RD STREET (BLANCHE AVENUE) COUNTY OF IG t Ilr )S c' ACCLRDING TO CITY OF RENTON ORDINANCE NO. I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT1./iln c a g6YF I$ THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON PAR :L 1 (ADJUSTED) A,K NOWLEDGED THAT h[. SIGNED THIS INSTRUMENT, ON OATH STATED THAT �L--WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE THE NORTH 300 FEET OF TRACT 364 OF C. D. HILLMAN'S LAKE WASHINGTON P✓tSiclfiS4- OF SSHI LLC. A DELAWARE LIMITED UABIUTY GAR::€€ OF EDEN ADDITION TO SEATTLE DIVISION NO. 6, ACCORDING TO THE PLAT COMPANY TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, PURPOSES MENTIONED IN THE INSTRUMENT. WASHINGTON. DATED: l-Zl0 -95 00'w 1 EXCFPT THAT PORTION OF VACATED N.E. 33RD STREET ' (BLANCHE AVENUE) ir• 4r0Iy ACC RDING TO CITY OF RENTON ORDINANCE NO. NOTARY PUBUC IN D FOR THE STATE OF WASHINGTON f MOt NOTARY NAME TO BE PRINTED Mr--�D�1t15.C4A 3? PAT ;EL 2 (EXISTING) RESIDING AT: '-4�l *C N� MY APPOINTMENT EXPIRES: 3-15-0 I •�• LO' 365, C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO •t b SE ALE DIVISION NO. 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME ~A� 11 f PLATS. PAGE 84, RECORDS OF KING COUNTY, WASHINGTON. tH4 STATE OF__________ni ) EX PT THAT PORTION THEREOF LYING NORTHEASTERLY OF THE )SS SC THWESTERLY MARGIN OF 112TH PLACE S.E. COUNTY OF KII4,6' ) IC ETHER WITH THAT PORTION OF VACATED N.E. 33RD STREET (BLANCHE AVENUE) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT MARILYN THARP AC�,ORDING TO CITY OF RENTON ORDINANCE NO. CUSE IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HER FREE AND PARCEL 2 (ADJUSTED) VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.__, -DATED: --1' `'1 — - 1 U 365, C. D. HILLMAN'S LAKE WASHIN)TIM GARDEN OF EDEN ADDITION TO L. S .TTLE DIVISION NO. 6, ACCORDING R C TO 'THE PLAT THEREOF,, RECORDED X R e-�' La— ✓ .LIME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT NO ARY PUBLIC IN ND FOR TH STATE OF WASHINGTON ""ileit T AT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY NOTARY NAME TO BE PRIINTEQ SbFin.SaYY J• , RGIN OF 112TH PLACE S.E. RESIDING AT: _ PR OlA{�1 yy��F' • (t MY APPOINTMENT EXPIRES: 3 -I S-0t trit.:4 -.-i GETHER WITH THAT PORTION OF VACATED N.E. 33RD STREET (BLANCHE AVENUE) CORDING TO CITY OF RENTON ORDINANCE NO. JD TOGETHER WITH THE NORTH 30.00 FEET (VACATED N.E. 33RD STREET) OF k f IE FOLLOWING DESCRIBED PARCEL: THE NORTH 300 FEET OF TRACT 364 O C. STATE OF YY/(`SIL h) ••1M�� HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATiL< DIVISION )SS ,(...0D. 6, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE COUNTY OF S)N if ) 4, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF kCATED N.E. 33RD STREET(BLANCHE AVENUE) ACCORDING TO CITY OF RENTON I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JEANENE THARP IS CJD 2DINANCE N0. CZ:, PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HER FREE AND VOLUNTARY ACT GO FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. CC) )ECLARATION DATED: / ".aL -R9 c NOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER(S) OF THE AND HEREIN DESCRIBED DO HEREBY MAKE A BOUNDARY LINE ADJUSTMENT THEREOF OTAR PUBLIC IN A D FOR THE STATE OF WASHINGTON Cn URSUANT TO RCW 58.17.040 AND DECLARE THIS ADJUSTMENT TO THE GRAPHIC :EPRESENTATION OF THE SAME, AND THAT SAID ADJUSTMENT IS MADE WITH THE FREE NOTARY NAME TO BE PRINTED :ONSI_NT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNERS(). IN WITNESS RESIDING AT: .,-SSDL-Iiulsh� 4 ..)124 I. WiEREOF WE HAVE SET OUR HANDS AND SEALS. MY APPOINTMENT EXPIRES: 3-LS-OI . :A `+�L iSHI LLC �7 j e BY' ��y�'aJ TITLE: �+ "�S \�/ '•....07 PRINTED NAME: •R1in/ :T.A{�m/� STATE OF tlll�h' ) )SS A 3 C��j�'�`�'�� I COUNTY OF KI Ab- ) MAR tlSE LA ENhI E THARP I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JOHN J. THARP IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HIS FREE AND VOLUNTARY ACT J TH P FOR NE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. APPROVALS DATED: t- , -qq I ADMINISTRATOR' OF THE PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON NOTARY NAME TO BE PRINTED YIn a-7SDNtrS8fl pit APPROVED THIS q RESIDING AT: SSLI(b(.n)li vYD / DAY OF J 9 9rj OIALILi11 , 1 . MY APPOINTMENT EXPIRES: 3-l5-0l , ' '� it: AD pR PLANNING UILDING/PUBLIC WORKS DEPARTMENT • % tt ( ES OF CITY OF RENTON OFFICIALS) Ie. C. HOC T ... A KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS5Slt-r- DAY OF !S/�"` 19Q/GJ ,,,, 30435 ' / �// / \ 4s�oR?;.�fi4`;yg' JOB NO: 97-eooe SHEET: I OF 2 T L-J,,__, I EXPIRES:ANE 5,]UJ 110111114 IMIAI KING COUNTY ASSESSOR DEPUTY KING COUNTY A SSOR " -—9 NE1/4,SE1/4, SEC. 32, TWP.24N., R.5E., W.M. , (31.� GROUP 16030 JUANO . c FOUFOUR,I WAY NE �.Inn JRVEYORS CERTIFICATE RECORDING CERTIFICATE BOTHEILWASHTNCTDN 9e011 (425)775-4581 • (204)36Z-4E44 • PAx(2o6)342-1e19 1` 0 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE FILED FOR RECORD BY GROUP FOUR, INC. SURVEYING ENGINEERING PLANNING KANAGDIENT GO C DRAIN BY. JT CRU BY: X APPROVED BY: JK 3 Y ME OR UNDER MY DIRECTION IN CONFORMANCE 11ITH THIS 8 MED DAY OF vv.r.c 19 `9 9 A.D., AT 7 DATE 6-4-98 DATE 9-4-96 DATE 9-4-98 m HE REQUIREMENTS OF THE SURVEY RECORDING ACT, AT MINUTES PAST/ O'CLOCK P M; AND RECORDED IN v HE REQUEST OF STAFFORD HOMES VOLUME -(-OF SURVEYS ON•.PAGE 77 - LOT LINE ADJUSTMENT a S 211irrDAY OF JA AL.& Y 19�5_ COR KING COUNTY, WASHINCTON FOR CO 0 m.eg,-,e!! L.S. NO. 30435 H+.1 =—.. 04.1 toed STAFFORD HOMES c° STEREO LAN S R Cr; KING COUNTY WASHINGTON 4j MICROFILM EL I RaY 1F SA I f •_ CLAIRE ___ I I I I 1 \ -1 I I I I I I I I I 1 1 I ----- - -1 I 3 I -- -- 1 S88'51 13"E 400.00' —7— ///////: � w:^r, ,�,, ,'' ^' I O NO A_ r.r:;i���' i w^i�L�� �' ' INto 14latI�al$ 89'00'38" E 220.05' -- N89�0'38.0"W MI 400001101=000100100=10 -- •a—_ 6� _�� 16 151 20' PUBLIC Urur77Es330.66 EASEMENTla. • , / \*,-5\ '.,:::'. .:7 1 -----.—\ ?RACT A • TRACT B— - ; , i '-.,..! ‘.;,: ,., *) ,,,N , 1 f , / - /- ,� L , PRIVATE STREET ► 1817 13 JLTE.V 70N) & PUBLIC UTILITIES I '. ` Z ,, ft. ,' '� I 1 • 11, , rft ' .. ') t t. Sa z to.).1' sf,t ( ., 1 / 20' PRIVATE ACCESS - jN 41‘ `"^ ^,� 4 !�D. I TJ4ACTC 1 N AND PUBLIC UTILITIES — — — __ — EASEM NT �`L a $ S. PRI VA TESTREET / 25' BSBL T. ). • & PUBLIC UTiL!TIES / FROM SLOPE - ,�N/W;«5��� NE 32r�d S r _ / / (S7EEP S N 10' NON-DISTURBED N 1/4 SECTION / / / DEVELOPMENT PLgNMN BUFFER I 10' U77UTY LINE (TYP.) 10 /\/ CITY OF RENTON G EASEMENT / / AUG O 1 2fl^' I 1 5 A // 70' NON-DISTURBED 1 I 6 7 8 •7 - - - .J /i / BUFFER RECEIVED - - -r �� ICR F! ME[. I - 1 25' BSBL __ 1 FROM SLOPE — - SEE DRAWING(S) r ' - „ ea Jesse Tanner,Mayor CITY ( i RENTON Board of Public Works February 18,2003 Ryan Nolet Key Bank Totem Lake Branch 12604 Totem Lake Blvd. Kirkland,WA 98034 SUBJECT: RELEASE OF ASSIGNMENT OF FUNDS REF: SAINT CLAIRE PLAT(AKA BROOKRIDGE)-LUA 02-088 MONTEREY COURT N.E.&N.E.32ND STREET Dear Mr.Nolet: This letter will serve as your authority to release the subject$6,000.00 Assignment of Funds in Account No.470924002855,posted with the City of Renton on behalf of James Chapman. 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, i\id to,4 Neil Watts,Chairman Board of Public Works cc: James Chapman,CQ Enterprises,Inc. Juliana Sitthidet,Board Coordinator Norma Kuhn,Accounting Assistant LUA 02-088 File Copy DF CIt pM� t p FEB q ^�ONN�NG 9 2o ECGi ii i) H:1File Sys\BPW-Board of Public Works\BPW-02-Deferrals\BPW-02 Deferrals 20031Saint Claire(AKA Brookr' ) rcicasc.doc\jw E N T O N 1055 South Grady Way-Renton,Washington 98055 �� AHEAD OF THE CURVE :: This paper contains 50%recycled material,30%post consumer Judy alter-Saint Claire (AKA Brookndge) .tlight deferral Page 1 From: Juliana Sitthidet To: Main, Thomas Date: 2/13/03 9:50AM Subject: Saint Claire (AKA Brookridge) streetlight deferral Tom, Attached is the e-mail from Dave W. accepting the streetlights for Brookridge. Would you please send an e-mail to Judy Walter informing that the deferral items are completed and security device can be released? Thanks Juliana CC: Walter, Judy ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: CQ Enterprises, Inc. BANK: Key Bank Owner: James D. Chapman Branch: Totem Lake Address: 11417 124th Ave NE, Suite 201 Address: 12604 Totem Lake Blvd Kirkland, WA 98033 Kirkland, WA 98034 Phone: (425) 889-8770 Phone: (425) 823-2774 FAX: (425) 889-8771 FAX: (425) 823-1934 Attention: James D. Chapman Attention: Ryan Nolet Title: President Title: K.C.R.L The above referenced Bank hereby certifies that the sum of SIX THOUSAND DOLLARS ($6,000.00) is on deposit with the Bank in Account No. 470924002855, under the name of Clifford G. and Juanita C. Chapman Remembrance Fund, to secure for the City of Renton the Applicant's performance of certain work required in connection with the plat or project described below. Plat or Project: Brookridge Plat File No. LUA01-055,ECF,R,PP,AAD Location/Address of Plat or Project: South end of Monterey Court NE (Stafford Crest Subdivision)between NE 31st Street and NE 33rd Street. The required work is generally described as follows: Install three street light poles on existing concrete bases. The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton(City). We further agree that these funds will be paid to the City within ten days of receiving written notice that the City has determined that the required work has not been properly performed. The Bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The Applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the Bank. This Assignment of Funds is irrevocable and cannot be cancelled by the Bank or by the Applicant. APPLICANT: BANK: CQ Enterprises, Inc. Key Bank, Totem Lake Branch lZe.44 J O mes D. Chapman, President Name printed DATE: NO✓ $ , 2002 Title: K L DATE: Al V 5$'` , 2002 a AFTER RECORDING RETURN TO: City. Clerk's Offjce City of Renton. 1055 'S. Grady Way Renton, WA 98055 20021122000059 CITY OF RENTON DPC 45.00 PAGE 001 OF 027 11/22/2002 08:31 KING COUNTY, WA Reference Number of Related Document: N/A Grantor: CQ Enterprises,Inc. Grantee: The Public Abbreviated Legal Description: Lots 1 through 18 of the Plat of Brookridge recorded in the Office of the King County Auditor under file number240 .2 //_2q Assessor's Property Tax Parcel: 334510-0031-09 and 334210-3538-04 000O_5 trt Q DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, CNA, EASEMENTS & RESTRICTIONS OF BROOKRIDGE CNt Developer, as the owner in fee of real property legally described in Exhibit A attached to this Declaration ("Property"), hereby covenants, agrees and declares that all of the Lots and Common Areas within the boundaries of the Property and all houses, structures and other improvements •air constructed on or within the Property are and will be held, sold and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property for the benefit of all of the Lots and their owners. The covenants, restrictions, reservations and conditions contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the Lots and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot, and upon their respective heirs, successors and assigns. This Declaration and its exhibits consist of 27 pages, including these title pages. DEVELOPER: CQ ENTERPRISES, INC. ames D. Chapman, its President Date: ilk V if ,2002 TABLE OF CONTENTS ARTICLE ONE: DEFINITIONS 1 ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION 2 Section 2.1: Development Period. 2 Section 2.2: Purpose of Development Period. 3 Section 2.3: Authority of Association After Development Period. 3 Section 2.4: Delegation of Authority. 3 ARTICLE THREE: MEMBERSHIP 3 ARTICLE FOUR: VOTING RIGHTS 3 ARTICLE FIVE: PROPERTY RIGHTS IN COMMON AREAS 3 ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES 4 Section 6.1: Standard of Maintenance—Common Areas 4 err Section 6.2: Standard of Maintenance—Lots and Planting Strips 4 cam- Section 6.3: Standard of Maintenance—Native Growth Protection Areas 4 ccr 0 Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope 4 Section 6.5: Remedies for Failure to Maintain 4 C•44 Section 6.6: Common Expenses. 5 c ARTICLE SEVEN: ASSESSMENTS 6 Section 7.1: Types of Assessments. 6 Section 7.2: Determination of Amount. 6 o Section 7.3: Certificate of Payment. 6 c� Section 7.4: Special Assessments. 6 Section 7.5: Fines Treated as Special Assessments. 6 ARTICLE EIGHT: COLLECTION OF ASSESSMENTS 7 Section 8.1: Lien—Personal Obligation. 7 Section 8.2: Delinquency. 7 Section 8.3: Suspension of Voting Rights. 7 Section 8.4: Commencement of Assessments 7 Section 8.5: Enforcement of Assessments. 7 ARTICLE NINE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS 8 Section 9.1: Development Period. 8 Section 9.2: Authority of ACC After Development 8 Section 9.3: Delegation of Authority of ACC 8 Section 9.4: Appointment of ACC 8 Section 9.5: Approval by ACC Required. 8 Section 9.6. Temporary Structures Prohibited. 10 Section 15.2: No Waiver 17 ARTICLE SIXTEEN: GENERAL PROVISIONS 18 Section 16.1: Singular and Plural 18 Section 16.2: Severability. 18 Section 16.3: Duration. 18 Section 16.4: Perpetuities 18 Section 16.5: Attorney's Fees, Costs and Expenses. 18 Section 16.6: Method of Notice. 18 Section 16.7: Enforcement of Declaration. 18 Section 16.8: Successors and Assigns. 18 Section 16.9: Exhibits. 19 ARTICLE SEVENTEEN: AMENDMENT AND REVOCATION 19 Section 17.1: Exclusive Method. 19 Section 17.2: Amendment by Developer. 19 Section 17.3: Voting. 19 Section 17.4: Effective Date. 20 Section 17.5: Protection of Developer. 20 EXHIBITS Exhibit A: Legal Description of Property A-1 o Exhibit B: Description of Common Areas B-1 0 Cvt c4 cvt, A N 111 • 12. "Member" shall mean every person or entity that holds a membership in the Association. 13. "Mortgage" shall mean any first lien mortgage or first lien deed of trust deed encumbering a Lot and given for the purpose of funding the construction, purchase and/or improvement of a Residence and/or a Lot. 14. "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a Mortgage. 15. "NGPA"shall mean Native Growth Protection Area. 16. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 17. "Person" shall mean a natural person, a corporation, a partnership, trustee or other Crt legal entity. a c=. 18. "Property" shall mean that certain land legally described on Exhibit A attached ,' may J hereto and such additions thereto as hereafter be subjected to the terms of this Declaration. cr 19. "Residence" shall mean the house or other principal residential building located on a Lot. g 20. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred •Ir.' from an Owner to another person or entity by recordation of an instrument or transfer such as a deed or real estate contract. 21. "Structure"shall mean any Residence,building,fence,wall, driveway,patio, garage, storage shed, carport, mailbox, swimming pool, barbecue pit, rockery, dog run or any other structure or improvement of comparable scope or scale to any of the foregoing. ARTICLE TWO MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section 2.1: Development Period. During the Development Period, the Association, the Architectural Control Committee (ACC), and all Common Areas shall, for all purposes, be under the management and administration of the Developer. During the Development Period, the Developer shall appoint the three directors of the Association, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint Members to such committees or positions in the Association as the Developer deems appropriate, to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the Members as the Developer determines, for such 2 in this Declaration. The Association shall have the exclusive right to use and manage the Common Areas in a manner consistent with this Declaration,the Articles and the Bylaws. ARTICLE SIX MAINTENANCE AND COMMON EXPENSES Section 6.1: Standard of Maintenance — Common Areas. The Common Areas shall be maintained by the Association in a manner consistent with good building, construction, repair and landscaping practices and in compliance with all applicable codes and regulations. Section 6.2: Standard of Maintenance — Lots and Planting Strips. Each Owner hereby covenants and agrees to maintain its respective Lot, the Structures located on its Lot and any strip of land located between the paved street or sidewalk adjacent to Owner's Lot in the same condition as a reasonably prudent homeowner would maintain such person's own home and property so that the Lot and the Structures located thereon will reflect a high pride of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on its Lot, except for those drainage facilities that are expressly the responsibility of the Association as set tan forth in this Declaration. c= o Section 6.3: Standard of Maintenance—Native Growth Protection Areas. The Association is responsible for the care of Tract D and Tract E. Tract D and Tract E are the timbered, steeply-sloped, environmentally sensitive portions of the Property designated as a Native ems Growth Protection Area (NGPA). The NGPA is to�-- (N ) subjectgovernmental controls and restrictions that require the Association to maintain, preserve, and protect the wildlife and cam, habitat areas therein. No hunting, cutting of trees, or disposal of debris are permitted within Q the NGPA, except that the Association may take remedial and preventive measures •cv necessary to maintain the stormwater outfall line that traverses Tract E and remove any trees that are deemed by the City of Renton to be a danger to Owners or to the public. Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope. A ten- foot wide buffer easement has been granted to the Association upon and along the rear of Lots 2 through 14. The Owner of each of these Lots hereby covenants and agrees to maintain that portion of the easement that lies within the respective Owner's lot free and clear of trash or debris and to abide by the restrictions set forth herein. No clearing or grading shall occur within the easement, except that, to the extent permitted in writing by the City of Renton, native vegetation may be removed and replaced with soil stabilizing plants. No construction of structures such as fences or sheds shall be permitted within the easement without the prior written approval of the City of Renton. Representatives of the Association when authorized by the Board of Directors shall have the right to enter upon the easement area to inspect the condition of the ten-foot wide buffer and to ascertain if maintenance or restoration measures are required in order for the Owner to remain in compliance with this Section 6.4. Section 6.5: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or the Structures located thereon in accordance with the requirements of Section 6.2 and Section 6.4 above, the Association may notify the Owner in writing of the maintenance required. If the maintenance is not performed by the Owner within thirty (30) days of the 4 g. Any other expense which shall be designated as a Common Expense in this Declaration or from time to time by the Association. ARTICLE SEVEN ASSESSMENTS Section 7.1: Types of Assessments. Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association. Section 7.2: Determination of Amount. The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer,without the consent of the Developer. The Association may create and maintain from assessments a reserve fund for replacement of those Common Area improvements that can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board until such time as the Board u.t" acts. ccr ':' Section 7.3: Certificate of Payment. The Association shall, upon written demand, furnish a cgs certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall 0.4 be conclusive evidence of payment of any assessment stated to have been paid. N. Section 7.4: Special Assessments. In addition to the assessments authorized above, the Association,by its Board of Directors may levy, in any year,a special assessment applicable e" to that year only for the purpose of defraying the cost of any construction or reconstruction and unexpected repair or replacement of facilities in the Common Areas. The Association may, at any time so designated by the Board of Directors, levy a special assessment against all Lot Owners to cover the Association's unreimbursed costs of providing repairs and/or maintenance that are the responsibility of an individual Lot Owner or group of Lot Owners pursuant to the provisions of Section 6.2 and Section 6.4 herein above. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of sixty- seven percent(67%)of the Members. Section 7.5: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in Article Eight below. 6 entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in Section 16.5. ARTICLE NINE BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section 9.1: Development Period. The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors,the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association. Section 9.2: Authority of ACC After Development. At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration. Section 9.3: Delegation of Authority of ACC. The ACC or the Developer may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. c.► C.4. Section 9.4: Appointment of ACC. There shall be three members of the ACC, chosen in the R— manner described in the Articles and Bylaws. At least two of the three members of the ACC shall also be on the Board of Directors. The Board shall appoint the members of the ACC. If the Board fails to appoint the members of the ACC,or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section 9.5: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no Structure shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature,kind, shape,height,materials, exterior color and location of such Structure have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any Structure including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. The following provisions apply with respect to obtaining the approval of the ACC: a. Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty(30) days following the date of 8 prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. i. Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section 9.6: Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any other Structure of a temporary or moveable character erected or placed on a Lot shall at any time be used as living quarters except as specifically authorized by the ACC. Section 9.7: Nuisances. No noxious or undesirable thing, activity or use of any Lot shall be permitted or maintained. If the ACC shall determine that a thing, activity or use of a Lot is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38,to abate any activity,remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 9.8: Limitation on Animals. No animal, livestock or poultry of any kind shall be az* raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not `A kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers cam: or under conditions reasonably objectionable in a residential community. Animals shall not o be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs c� must be kept so as to minimize excessive noise from barking or otherwise shall be e44 considered a nuisance according to the terms of this Declaration. s.. `" Section 9.9: Limitation on Signs. No sign of any kind shall be displayed to public view on cv• any Lot, except one sign, not to exceed 24 inches x 24 inches, advertising the Lot (where czt posted) for sale or rent by the Owner, or the Owner's agent. In addition to other rights •C%I reserved to the Developer in the Declaration,the Developer hereby reserves for itself so long as it owns any Lot,the right to maintain upon the Property such signs as in the opinion of the Developer are required, convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative,or the Developer. Section 9.10: Completion of Construction Projects.• The work of construction of all Structures shall be pursued diligently and continuously from commencement of construction until the Structures are fully completed and painted. All Structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction,except such construction as is performed by the Developer, which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Residence, and rear yard landscaping must be completed within two years of completion of a Residence. Except with the approval of the ACC,no person shall reside on any Lot until such time as the Residence to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. 10 • materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home; nor shall any goods, used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws, regulations, rules and ordinances. Nothing in this Section shall permit(1)the use of a Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or(2)Home Business activities that cause a significant increase in neighborhood traffic, or (3) modification of the exterior of the home. The Association may, from time to time, promulgate rules restricting the activities of Home Businesses located on the Lots pursuant to the authority granted to the Association under this Declaration,the Bylaws,and RCW Chapter 64.38. Section 9.19: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any authorized utility agency, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section 9.20: Parking of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located within the Property shall not be used for the storage and/or overnight parking of any vehicle,and each Owner shall use the garage constructed on its Lots for the parking and storage of its vehicles. Boats, boat trailers, house trailers, czm campers, trucks, trucks with a camper, or other recreational vehicles or similar object may ca, not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets c�•a located within the Property, except as specified herein. No inoperable vehicles of any kind shall be parked, stored,maintained,or constructed on any of the Lots, Common Areas and/or CNIs streets located within the Property unless stored in a garage. Notwithstanding the foregoing, (,,,, a. One private family automobile, truck, motorcycle or commercial vehicle • operated by a person residing at the Lot (provided that such commercial •c vehicle contains a single rear axle)may be parked on the driveway or on the street for up to 72 hours at a time. b. Private automobiles, trucks, motorcycles and commercial vehicles operated by guests or visitors of an Owner may be parked on the driveway or on the street for up to 72 hours at a time. c. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway, other unscreened area or on the street for no more than 48 hours for the purpose of preparing for departure or upon return,to facilitate preparation and return from travel; and d. Owners who have guests visiting them intending to stay in a camper,trailer, or other form of recreational vehicle, may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street adjacent to a Lot for a period of up to 72 hours,and not to exceed two weeks in any calendar year. The privilege shall only exist, however, after the 12 Section 10.3: Private Storm Drainage Easement on Lots 2, 3 and 4. Lots 2, 3 and 4 are subject to the Private Storm Drainage Easement as delineated on the Plat of Brookridge recorded in the Office of the County Auditor, King County, Washington. The Easement is granted to the Association for the purpose of operating, maintaining and repairing the drain lines located within the Easement. The City of Renton has the right to enter upon the Easement to observe and inspect the drainage lines to determine if said lines are properly maintained and cared for by the Association. In the event that the Association is negligent in its responsibility, the City may conduct remedial measures to maintain or repair any deficiencies and charge the costs of such measures to the Association. Section 10.4: Buffer Easement. The ten-foot wide Buffer Easement on the rear of Lots 2 — 14 as delineated on the Plat of Brookridge recorded in the Office of the County Auditor, King County, Washington, is granted to the Homeowners' Association. Article Six, Section 6.4, in this Declaration sets forth the restrictions imposed by the easement and the responsibility for maintenance. Section 10.5: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction settlement and overhangs as designed or constructed by the Developer, and to a valid easement for encroachments and for maintenance of the same as long as the improvements remain. CCZ ca Section 10.6: Easements on Exterior Lot Lines. In addition to easements shown by other instruments of record, easements for utilities and drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each side of the interior Lot lines,and seven feet over the rear and front of each Lot, and over, under, and upon the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to N remain which may, in the opinion of the Board or ACC, damage or interfere with the c= installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section 10.7: Association's Easement of Access. The Association,the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Six of this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d)cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do: and (e) all acts necessary to enforce this Declaration. Section 10.8: Easement for Developer. Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Property. 14 . I 1 Section 11.8: Limitation on Abandonment of Common Areas. The Association shall not, without prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of such Common Areas. Section 11.9: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Residence subject to its Mortgage or of any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving a Lot subject to its Mortgage or any portion of Common Areas or facilities; (c)any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by the Owner of a Lot subject to its Mortgage which is not cured within thirty(30) days; (d) any sixty(60) day delinquency in the payment of assessments or charges owned by the Owner of any Lot subject to its Mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and(f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE azik MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements c_r for the performance of any or all of the functions of the Association and the ACC with such CNA persons or entities as the Association deems appropriate; however, any agreement for professional management of the Common Areas or Property, or any other contract providing `N for services by the Developer must provide for termination by either party without cause after reasonable notice. Q ARTICLE THIRTEEN c= N INSURANCE Section 13.1: Coverage. The Association may purchase as a Common Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board,the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Mortgagees that have requested notice. 16 ARTICLE SIXTEEN GENERAL PROVISIONS Section 16.1: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. Section 16.2: Severability. The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof,all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence,clause,paragraph,or section had not been inserted. Section 16.3: Duration. These covenants, restrictions, reservations and conditions of this Declaration shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter,they shall be deemed to have been renewed for successive terms of ten(10)years,unless revoked or amended as herein provided. Section 16.4: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as Cr) of twenty-one(21)years after the death of the last surviving incorporator of the Association, 0 or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, p whichever is later. r+ Section 16.5: Attorney's Fees, Costs and Expenses. In the event the Association,a Member or the Developer employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the Association, or rules and regulations adopted by the Association,the o' prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment, arbitration or settlement. Section 16.6: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid,or when transmitted by facsimile. Section 16.7: Enforcement of Declaration. This Declaration may be enforced by the Association, the Developer or the Owner of any Lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association,or the provisions of the Articles or Bylaws. Section 16.8: Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of the Developer and the Owners. 18 h. Leasing of Residences other than as set forth herein; i. Imposition of any restrictions on the right of an Owner to sell or transfer such person's Lot. k. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 1. Restoration or repair (after hazard damage or partial condemnation) in manner other than that specified in this Declaration; m. Any action to terminate the legal status of the Property after substantial destruction or condemnation occurs;or n. Any provisions which are for the express benefit of Mortgagees. Any amendment to the provisions of Section 6 and/or Section 10 relating to the obligations and responsibilities of the Association and/or its Members to maintain private streets, drainage facilities,the stormwater detention vault and outfall line to May Creek, and the ten- foot Buffer Easement shall be subject to the express written approval of the City of Renton. urt cam, Section 17.4: Effective Date. Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded. ChiSection 17.5: Protection of Developer. For such time as Developer shall own Lots located on the Property there shall be no amendments to this Declaration, the Articles, the Bylaws, or any Rules and Regulations adopted by the Association which: • css a. Discriminate or tend to discriminate against the Developer's rights; b. Change Article One ("Definitions") in a manner which alters the Developer's right or status; c. Alter the character and rights of membership or the rights of the Developer as set forth in Article Three; d. Alter its rights as set forth in Article Nine relating to architectural controls; e. Alter the basis for assessments, or the Developer's exemption from assessments; f. Alter the number or selection of Directors as established in the Bylaws; or g. Alter the Developer's rights as they appear under this Article. END OF DECLARATION PROVISIONS 20 ee EXHIBIT B TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS & RESTRICTIONS OF BROOKRIDGE Description of Common Areas: Tract A,Tract D and Tract E as shown on the drawing on this page are Common Areas as defined in the Declaration. Refer to the Plat of Brookridge as described in Exhibit A for the lines, dimensions and sizes of these Common Area tracts. i A l; X c 1 I NE 33190 PL. C= \---K:-------- — 1 a _ P7 vL�_ \------. -- c eot r q 11 ®� 1 OSt Dl St. 91 CV I gtArF� PG•• I 5 Ia 7-1 l� 11 STOil"pG eat�I,et 191 I 9e I ee NE 33R0 sr. !� IO tl _y I I s eRSI•iT E. 4 .00• 9CT^' r9 17 9 I r1 I 1e '-17 I 90 of `541.11!!'°°.E 14 1.19 �. N 99'00'39'WI330.e5' 5 99'00'3e'F 220.07• ' 1e t5 L.21 1r44E ;tug RBC 'O 1 7M50' RID 1/2'RBC C. �2 'Q' 0.19'N. 'd TRACT A ORW 1 7WS0' 1e t7 t L21,23 u 3 AT CORNERS I 1} L25 CNA1 DM 2'4 2'N000 STMCE ON L 2 7,� 8 8 te7LINE "'IV40, / Lie ��nry �`L17 3 6 1 I 12 TRACT D o tl IOW SLOPE a DEN O N No I ue us 4 NER+o 1/2'RBC 11 L28 7 N01A �S DN Dlrls CROUP 4 30150' 10 Ulu°L29 ��11 (NGt $ 0.05.S.a 0.1e'W. 132 3 100 i L44 7 e 9 E31 W 351.75' C D' 1!CE I1.PG'e9 5 e N 9Ir51'13'W IOO.00' 1 ; V. :, s n 1.43 1.35 $64 L 2 L3e _ — — —1ST LIp ue U7 N evo119_w — u9 • - - 1 - - � — 131 e.e5' S.LN.NE 1/4.IIE 1/1 32-24-5 n Dr GDgN TRACT E W pN S DTDN p VDEND 6 STEEP SLOPE µI(.L laS(IIN ADD. NOPA E 0• [AI(C e2 MD. 1/2'RBC ul� z I. II.PG 'CROUP 1 \ L50 TRACT F 0.12 — 12'W. L49 52I.e9' L48iiI S 97T59'57'E 55e.59' EMI Alt.(NOT OPENED) 1 B-1 1 Board of Public Works October 23,2002 Page 2 Action: Moved by Christensen,seconded by Meckling to grant the variance for the driveway width to allow removal of the existing middle curb island (approximately 16 feet in length)plus the removal of the south curb,which is toward the south approximately 16 feet. MOTION CARRIED. • 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. Action: Following a brief discussion, it was Moved by Christensen,seconded by Meckling to grant the right-of-way use permit subject to the following conditions: 1)that the applicant shall obtain Water Utility's approval of final plant list for shallow root plants only;2)that the applicant shall be responsible for replacing landscaping and restoration of maintenance of pedestrian plaza in case of water line repair or maintenance; 3)that the applicant shall provide plans with utilities and location of proposed sign. Development Services will approve location of sign prior to installation; 4)that the applicant provide sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars($100,000/$300,000)to cover public liability and not less than fifty thousand dollars($50,000)to cover property damage. Copies of the insurance policy(or policies)shall be furnished to the City with special endorsement in favor of the City; 5)an Annual fee of $857.60,as established by ordinance, is paid to the City at time of permit issuance. Applicant will be billed annually thereafter and 6) if the sign encroaches in the Washington State Department of Transportation right-of-way, the applicant shall contact W.S.D.O.T. Applicant shall ensure that any requirements of W.S.D.O.T.are met. MOTION CARRIED. • Off-Site Deferral,Saint Claire.(Ref: Brookridge)LUA 02-088,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 the recording of the short plat. Action: Following a brief discussion, it was Moved by Christensen,seconded by Meckling to grant the deferral until January 15,2003, subject to the following conditions: 1)that the applicant provide a revised cost estimate and, 2)a security device, acceptable to the Board,be in place to cover deferred items at 150%of the cost of the deferred improvements. MOTION CARRIED. 4. ADJOURNMENT: Chairman Watts adjourned the meeting at 9:00 a.m. 11 h 20021112000487 CITY OF RENTON BS 20.00 Return Address: PAGE AGE2001 OF00028 City Clerk's Office KING COUNTY, UA City of Renton 1055 South Grady Way SEP 2 0 2002 Renton,WA 98055 BUILDING DIVISION • BILL OF SALE SS ec�c Property Tax Parcel Number: * See Below Project File#LUA-02-088—FP l�'1on `er y c'tn/NE 32nd St AAW'Monterey Ct NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. CQ Enterprises, Inc., 1. City of Renton,a Municipal Corporation 2. an Alaska 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: N/A Length Size Type L.F.of " Water Main t_ L.F.of If Water Main am *Tax Parcel Numbers: L.F.of " Water Main a 0 334510-0031-09 each of " Gate Valves 334210-3538-04 each of " Gate Valves c..'cv each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type ,— N/A L.F.of III Sewer Main T" L.F.of " _ Sewer Main CV, L.F.of " Sewer Main CD each of " Diameter Manholes , each of " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Length Size Type 5v7 L.F.of 12 " PVC Storm Line L.F.of Pt Storm Line L.F.of " Storm Line each of " Storm Inlet/Outlet 6 each of Type I Storm Catch Basin 1 each of 48"diam " Type II Manhole CB STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk 872 L.F. Asphalt Pavement: 1 ,855 SY or L.F.of Width STREET LIGHTING: #of Poles 3 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. 2 db Z. - p/pia , b H:FILE.SYS\FRM\8411NDOUI\BILLSALE.DOCAMAB Page 1 r . . Form 84 0001/bh IN SS WHEREOF,I have hereunto set my hand and seal the day and year as written below. J 5 `' / 7,100 z— James D. Chapman INDIVIDUAL FORM OFACKNOWLEDGMENT 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 OFACKNOWLEDGMENT 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,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and m of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. 0 ► " - c.► Notary Public in and for the State of Washington - Notary(Print) My appointment expires: 4, Dated: D .0 CORPORATE FORM OFACKNOWLEDGMENT N Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY KING ) 2002 E R On this r day of September, 1�4 ,before me personally appeared (\::. (- James D. Chapman to me known to �S510N�xAG� be President of the corporation that 9N Zexecuted the within instrument,and acknowledge the said instrument to be the free p �, NOTARY I and voluntaryact and deed of said corporation,for the uses and u rpo purposes therein mentioned,and each on oath stated that he/she was authorized to execute said E11 !7 : : : ;q;:coi:: e seal of s P o ary Plic intonNotary(Print) FERGUSON My appointment expires: el a t-05 Dated: 9- /-6c ?o0Z.-olo ,i) Page 2 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 11-20-2002 Utility Services Permit RECEIPT Permit#: U020004 Payment Made: 06/11/2002 10:28 AM Receipt Number: R0203306 Total Payment: 16,569.48 Payee: CQ ENTERPRISES INC Current Payment Made to the Following Items: Trans Account Code Description Amount 4028 000.343.20.00.0000 Public Works Inspection 586.71 4033 401.343.90.00.0003 Stormwater Insp Approval 6,472.77 4050 000.322.40.00.0000 Right-of-way Constructn 60.00 4069 421.388.10.00.0040 Spec Util Connect Stormw 9,450.00 Payments made for this receipt Trans Method Description Amount Payment Check #1003 16, 569 .48 Account Balances Trans Account Code Description Balance Due 4028 000.343.20.00.0000 Public Works Inspection .00 4033 401.343 .90.00.0003 Stormwater Insp Approval .00 4040 421.388.10.00.0020 Spec Util Connect Sewer .00 4042 401.343 .90.00.0002 Sewer Inspection Approvl .00 4044 401.322 .10.00.0015 Sewer Permit .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 421.388.10.00.0010 Spec Util Connect Water .00 4057 401.343.90.00.0001 Water Inspection Approvl .00 4059 401.388.10.00.0013 Misc. Water Installation .00 4061 401.322.10.00.0020 Storm Water Permits .00 4069 421.388.10.00.0040 Spec Util Connect Stormw .00 Remaining Balance Due: $0.00 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 11-20-2002 Land Use Actions RECEIPT Permit#: LUA02-088 Payment Made: 11/15/2002 11:09 AM Receipt Number: R0206656 Total Payment: 31,257.18 Payee: CQE-SAINT CLAIRE ACCT---CQ ENTERPRISES Current Payment Made to the Following Items: Trans Account Code Description Amount 3021 303.000.00.345.85 Park Mitigation Fee 9,553 .68 5045 304.000.00.345.85 Fire Mitigation-SFR 8,784.00 5050 305.000.00.344.85 Traffic Mitigation Fee 12, 919.50 Payments made for this receipt Trans Method Description Amount Payment Check #1062 31,257.18 Account Balances Trans Account Code Description Balance Due 3021 303 .000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 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 Postage .00 CITY OF RENTON MEMORANDUM DATE: November 20, 2002 TO: Gregg Zimmerman, P/B/PW FROM: Juliana Sitthidet x 7278 SUBJECT: BROOKRIDGE (AKA: SAINT CLAIRE) FINAL PLAT— MYLARS FOR SIGNATURE Gregg, Here are two sets of mylars for the Brookridge Plat for your review and signature. The following have been completed: • The above final plat was approved by Council on October 21, 2002 • Technical Services Approval • All fees have been paid • Inspector has signed off the construction permit • Coal Creek Water & Sewer District have accepted the Water and Sewer mains • Punchlist items have been completed • All improvements have been installed, with the exception of streetlights which were deferred by the Board of Public Works Please have Judy Walter or Pat Stoddard contact me when the mylars have been signed and I will stop by and pick them up. Thank You G� , ( CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 18, 2002 TO: Bob Mac Onie Sonja Fesser, Technical Services FROM: Juliana Sitthidet, X 7278 SUBJECT: BROOKRIDGE FINAL PLAT LUA 02-088 FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title Date Robert T. Mac Onie, Jr. PLS Approval: LAiLlrn, U) Q . `< 7L fh Name ICttie Date cc: Yellow File A rp OV/AL sut3p -r -ro �s.Tr, +-lam HEt-1c> ,4N1=, M riuc-7 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 18,2002 TO: Juliana Sitthidet FROM: Sonja J.Fesser SUBJECT: Brookridge Plat,LUA-02-088-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Remove those items from the"LINE AND CURVE TABLES"(Sheets 4 and 5 of 5)that no longer apply. For instance, line and curve data for the centerline of the private street over Tract B,(in a previous submittal)is still included in the tables,even though said centerline has been removed from the current plat drawing. Review all data in said tables and revise as needed. Note the bearing to center for the curve on the south boundary line of Lot 15. Show or note that there is a slopes easement for cuts and fills(per Transnation Title Insurance Co. Title Commitment dated July 11,2002)along the north boundary lines of proposed Lots 14 through 18, inclusive,and Tract D(per King County Rec.No. 9906101390). See the attachment for a correction to the legal description(per Supplemental No. 3,Title Commitment No. 10047058, dated October 31, 2002). Comments for the Project Manager: Make sure that the plat recording instructions note that cross-referencing of the recording numbers is needed between the various accompanying documents(Bylaws and Protective Covenants,Conditions,Easement&Restrictions documents)and the plat at the time of recording. The covenants document needs to have the legal descriptions on Exhibits A,B and C completed. \H:\File Sys\LND-Land Subdivision&Surveying Records\LND-10-Plats\0373\RV021113.doc kvi CITY OF RENTON usIL Construction Permit Permit Number: U020004 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 IMPROVEMENTS FOR A 18 LOT PLAT Job Address: 2010 NE 32ND ST ST CLAIRE PLAT-18 LOTS-DWG#2962 Owner: CQ ENTERPRISES INC 11417 124TH AVE NE STE 201 KIRKLAND,WA 98033 Contractor: ADVANCED UNDERGROUND INC Contractor License: ADVANUI043D1 12708 195TH PL SE Contractor Phone: 425-228-8868 ISSAQUAH,WA City License: 0100 98027 Contact: LAZARUS LAND CORP Contact's Phone: (425)313-1164 Other Information: Date of Issue 06/11/2002 Work Order 87031 Date of Expiration Parcel Number 3345100031 Date Finaled I 1 Zv I v Inspector's Name TOM MAIN t. Inspector's Phone 206-999-1833 It is understood that the City of Renton shall be held harmless of any and all liability,damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed,bonded contractor. Call 425-430-7203 one working day in advance for inspections. Locate utilities before excavating. Call before you dig-48 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except 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 11 6/// 6?i Applicant Publ Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. ENG01 12/00 bh #TY OF RENTON40 1055 S. Grady Way Renton, WA 98055 Printed: 11-15-2002 Land Use Actions RECEIPT Permit#: LUA02-088 Payment Made: 11/15/2002 11:09 AM Receipt Number: R0206656 Total Payment: 31,257.18 Payee: CQE-SAINT CLAIRE ACCT---CQ ENTERPRISES Current Payment Made to the Following Items: Trans Account Code Description Amount 3021 303.000.00.345.85 Park Mitigation Fee 9,553. 68 5045 304.000.00.345.85 Fire Mitigation-SFR 8, 784.00 5050 305.000.00.344.85 Traffic Mitigation Fee 12, 919.50 Payments made for this receipt Trans Method Description Amount Payment Check #1062 31,257.18 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 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 CITY OF RENTON Planning/Building/PublicWorks Department y Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor October 25,2002 DEVELOPMENT SERVICES CITY OF RENTON Dan Chapman OCT 2 2002 CQ Enterprises,Inc. 11417- 124th Avenue N.E. RECEIVED Suite 201 Kirkland, WA 98033 SUBJECT: OFF-SITE DEFERRAL REQUEST FOR SAINT CLAIRE (REF: BROOKRIDGE),LUA 02-088 MONTEREY COURT N.E. &N.E.32ND STREET Dear Mr.Chapman: The Board of Public Works met on October 23,2002,to consider your request for a deferral of off-site improvements for the installation of three(3)street light poles and fixtures. The Board granted the deferral until January 15,2003,subject to the following conditions: 1. A revised cost estimate shall be provided by the applicant. 2. Applicant must furnish a security device acceptable to the Board to cover deferred items (at 150%of the cost of the deferred improvements.) Pleases call Juliana Sitthidet, Board Coordinator at(425)430-7278 if you have any questions. Sincerely, zt, ✓ Gt/a-� / udy Walter Acting Recording Secretary cc: Board Members Neil Watts,Chairman Juliana Sitthidet,Board Coordinator LUA 02-088 File It\tile bys\tirw-maw of Public Workskt3Y Wiz-veterralsumw-UL Deferr UUz\sault claire letter.aoc\jw 1055 South Grady Way-Renton,Washington 913055 RENTON 0 02 GO OD-1 ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: CQ Enterprises, Inc. BANK: Key Bank Owner: James D. Chapman Branch: Totem Lake Address: 11417 124th Ave NE, Suite 201 Address: 12604 Totem Lake Blvd Kirkland, WA 98033 Kirkland, WA 98034 Phone: (425) 889-8770 Phone: (425) 823-2774 FAX: (425) 889-8771 FAX: (425) 823-1934 Attention: James D. Chapman Attention: Ryan Nolet Title: President Title: K.C.R.L The above referenced Bank hereby certifies that the sum of SIX THOUSAND DOLLARS ($6,000.00) is on deposit with the Bank in Account No. 470924002855, under the name of Clifford G. and Juanita C. Chapman Remembrance Fund, to secure for the City of Renton the Applicant's performance of certain work required in connection with the plat or project described below. Plat or Project: Brookridge Plat File No. LUA01-055,ECF,R,PP,AAD Location/Address of Plat or Project: South end of Monterey Court NE (Stafford Crest Subdivision)between NE 31st Street and NE 33rd Street. The required work is generally described as follows: Install three street light poles on existing concrete bases. The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton(City). We further agree that these funds will be paid to the City within ten days of receiving written notice that the City has determined that the required work has not been properly performed. The Bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The Applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the Bank. This Assignment of Funds is irrevocable and cannot be cancelled by the Bank or by the Applicant. APPLICANT: BANK: CQ Enterprises, Inc. Key Bank, Totem Lake Branch mes D. Chapman, President Name printed DATE: NO✓ S , 2002 Title: K .(Z 1,_ DATE: n/oV r,t+• , 2002 VhNIUKL VHL1r1L rINm rdx•4LJ-00' 0i i 1 ',," -- - - /r FAX TO: Juliana Sitthidet @ 425 430-7300 Date: November 4, 20 02 No. of Pages (incl Cover Sheet): Tele: (425) 889-8770 From: Dan Chapman 889-8771 Venture Pacific Partners, Inc. E-Mail:Fax: (425)25)dch man venture acific.com 11417 124th Ave NE, Suite 201 Cell Phone (425) 681-2771 Kirkland, WA 98033 RE: Brookridge - King Co unty's acceptance of storinwater outfall I'm happy to announce that King County has accepted the work on the storm water outfall line. Dan VENTURE PACIFIC PTNRS Fax:425-889-8M Nov 4 'U2 UL King County Property Services Division Department of Construction and Facilities Management King County Administration Building 500 Fourth Avenue Room 500 Seattle,Washington 98104 (206)296-7470 TDD(206)296-0100 FAX(206)296-0196 November 1, 2002 CQ Enterprises Inc. 11417 124th Avenue NE Suite 201 Kirkland WA. 98033 Attention: Dan Chapman RE: Special Use Permit S-64-01 Dear CQ Enterprises Inc.: This is in response to your request for a bond release for the referenced Special Use Permit. Staff from this office and King County Department of Natural Resources &Parks Division have completed it's inspection and have determined that the work performed under the terms and conditions of the permit have been found to be satisfactory. Therefore, King County has no objection to the release of the bond associated with the referenced Special Use Permit. Should you have any questions regarding the con. fetter contact me at 296-0887. Sincerely, Bernard Thompson Permit and Franchise Supervisor BT: CAY Enclosure: Special Use Permit S-64-01 cep Juliana Sitthidet - Brookridge (St. ClairE Page 1 From: "Dave Nutley" <daveh.PO1.MAIL@paceengrs.com> To: <jsitthidet@ci.renton.wa.us> Date: 11/5/02 11:30AM Subject: Brookridge (St. Claire) Good morning Juliana. Dan Chapman has requested that I e-mail you about the CCUD water and sewer easements for the Brookridge Plat. We have reviewed the easements as shown on the plat, and have also had separate easement documents prepared and recorded for the water and sewer lines. The easements are therefore approved by the District. If you have any questions, please let me know. Dave Hutley, P.E. Vice President Penhallegon Associates 425-827-2014 CC: <dchapman@venturepacific.com> L UH'UL-U�3' CITY OF RENTON, WASHINGTON RESOLUTION NO. 3591 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SAINT CLAIRE - NOW KNOWN AS • BROOKRIDGE; FILE NO. LUA-02-088, 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 RESOLUTION NO. 3591 LEGAL DESCRIPTION The north 300 feet of Tract 364 of C.D. Hillman's Lake Washington Garden of Eden Addition No. 6, as per plat recorded in Volume 11 of Plats, Page 84, Records of King County (also known as Parcel 1 of Lot Line Adjustment No. LUA-98-183- LLA, recorded under Recording No. 9903089006); Situate in the City of Renton, County of King, State of Washington. (Tax Parcel No. 334510-0031-09) And Tract 76 of C.D. Hillman's Lake Washington Garden of Eden Addition No. 1 as per plat recorded in Volume 11 of Plats, Page 63, Records of King County; Situate in the City of Renton, County of King, State of Washington. (Tax Parcel 334210-3538-04) 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 02-088, 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: DEVELo MENT RCiTY AN OF R,EN7ON iNG CEIVED BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday,October 23, 2002 Conference Room No. 511 IN A 1TENDANCE: 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. CITIOF RENTON . City Clerk Bonnie I.Walton Jesse Tanner,Mayor October 23, 2002 Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd, Ste. 200 Kirkland,WA 98033 Re: Brookridge (Saint Claire)Final Plat;File No. LUA-02-088,FP Dear Ms. Steig: At the regular Council meeting of October 21, 2002, the Renton City Council approved the referenced final plat by adopting Resolution No. 3591. 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, &na vi &Gllt,�i Bonnie I. Walton City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Juliana Sitthidet,Development Services Division CQ Enterprises,Attn: Dan Chapman, 11417- 124th Ave.NE,Ste.201,Kirkland,WA 98033 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 October 21,2002 Renton City Council Minutes Page 409 Resolution#3591 A resolution was read approving the Brookridge Final Plat(formerly known as Plat: Brookridge,NE 31st St& ; St. Claire), 10.3 acres located in the vicinity of NE 31st St. and Lincoln Ave. LTin oln Ave NE(FP-02-088) I NE(FP-02-088). MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3592 A resolution was read authorizing the Mayor and City Clerk to enter into an School District: Performing interlocal cooperative agreement with the Renton School District concerning Arts Center Agreement the Renton Community IKEA Performing Arts Center. MOVED BY CORMAN, SECONDED BY NELSON,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#4986 An ordinance was read amending Sections 2-10-2,2-10-4,and 2-10-5,of EDNSP: Planning Commission Chapter 10,Planning Commission,of Title II(Commissions)of City Code by Member Reduction, reducing the number of Planning Commission members from nine to seven, and Department Title Updating updating the titles of City departments and divisions. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4987 An ordinance was read amending Chapter 9-3,Harbor Regulations, of Title IX Legal: Harbor Regulations (Public Ways and Property)by updating references related to harbor Ordinance regulations to the Revised Code of Washington(RCW), and revising definitions. MOVED BY CLAWSON, SECONDED BY KEOLKER- WHEELER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN,COUNCIL ADJOURN. CARRIED. Time: 9:05 p.m. ...f"l7/ 1 Gded i.-) BONNIE I. WALTON, City Clerk Recorder: Suzann Lombard October 21, 2002 A October 21,2002 Renton City Council Minutes Page 406 MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilmember Keolker-Wheeler stated for the record that Mr. Cross expressed his apologies for his anger at a previous meeting and that she accepted his apology on behalf of the Council. ADMINISTRATIVE Chief Administrative Officer Jay Covington,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2002 and beyond. Items noted included: * Senator Margarita Prentice, from Washington's 11th Legislative District,is scheduled to hold a Senate Committee hearing Friday, October 25th,from 10:00 a.m. to 2:00 p.m. in Council Chambers. One of the agenda items will be a discussion about gambling issues. * The recent city-wide survey,conducted by Elway Research,found that 63%of the respondents rate Renton as an excellent or very good place to live; 92%feel safe in Renton; 65% are satisfied with the City's efforts to keep citizens informed; 75%gave employees either an"A" or a "B" for customer service; and 69% feel their tax dollars are well spent in the City of Renton. * The Renton Domestic Violence Task Force Education Committee designed the display currently displayed on the 1st Floor of City Hall in collaboration with the City,YWCA,and King County Sexual Assault Resource Center. Outside the display case,there are figures from the Washington State Silent Witness Exhibit. These life-size silhouettes depict several of the approximately 30 women in our state who have lost their • lives as a result of domestic violence. Attached to each silhouette is a shield with the details of the woman's story and information about the outcome of the case. For more information contact Human Services at 425- 430-6650. AUDIENCE COMMENT Sandel DeMastus,Highlands Community Association(HCA)President, 1137 Citizen Comment: DeMastus- Harrington Ave.NE,Renton, 98056 announced a meeting to be held Thursday, Highlands Community October 24th, at 7:00 p.m. at the Renton Housing Administration Building at Association 2900 NE 10th St., and urged the public to attend to hear King County Councilman Dwight Pelz and Renton Councilman Randy Corman speak on the I-405 Corridor transportation and construction issues. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of October 14, 2002. Council concur. October 14,2002 Appointment: Board of Mayor Tanner reappointed George Feighner, 201 Union Ave. SE, Space#92, Adjustment Renton,98059,to Position#4 on the Board of Adjustment for a four-year term expiring 9/06/2006. Council concur. Plat: Brookridge,NE 31st St& Development Services Division recommended approval, with conditions, of the Lincoln Ave NE(FP-02-088) Brookridge Final Plat(formerly known as St. Claire); 18 single-family lots on - 10.3 acres located in the vicinity of NE 31st St. and Lincoln Ave.NE(FP-02- 088). Council concur. (See page 409 for resolution.) CITY OF RENTON COUNCIL AGENDA BILL AI#: 7,e, . Submitting Data: Planning/Building/Public Works For Agenda of: October 21, 2002 Dept/Div/Board.. Development Services Division Staff Contact Juliana Sitthidet x:7278 Agenda Status Consent X Subject: Public Hearing.. SAINT CLAIRE FINAL PLAT(now known as Correspondence.. Ordinance Brookridge) Resolution X File No. LUA-02-088FP (LUA-01-055PP) Old Business 10.3 acres located in the vicinity of NE 31st St and Lincoln Ave NE Exhibits: New Business 1. Resolution and Legal Description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 10.3 acres into 18 single family residential lots. The construction of the utilities and street improvements to serve the lots is almost complete at this time. All construction will be approved, accepted or guaranteed as required through the Board of Public Works prior to the recording of the plat. All conditions placed on the preliminary plat by City Council will be met prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Brookridge Final Plat,LUA-02-088FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to the recording of the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. C:\Projects\Saint Claire\close out Agnbill_2.dot/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SAINT CLAIRE - NOW KNOWN AS • BROOKRIDGE; FILE NO. LUA-02-088, 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 LEGAL DESCRIPTION The north 300 feet of Tract 364 of C.D. Hillman's Lake Washington Garden of Eden Addition No. 6, as per plat recorded in Volume 11 of Plats, Page 84, Records of King County (also known as Parcel 1 of Lot Line Adjustment No. LUA-98-183- LLA, recorded under Recording No. 9903089006); Situate in the City of Renton, County of King, State of Washington. (Tax Parcel No. 334510-0031-09) And Tract 76 of C.D. Hillman's Lake Washington Garden of Eden Addition No. 1 as per plat recorded in Volume 11 of Plats, Page 63, Records of King County; Situate in the City of Renton, County of King, State of Washington. (Tax Parcel 334210-3538-04) } s DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: CQ Enterprises Attn: Dan Chapman Saint Claire(now known as Brookridge)Final Plat. File: LUA 02-088FP LOCATION: Between Lincoln Ave NE(west)and Aberdeen Ave NE(east)and between NE 31"Street(south) and NE 33rd Place(north). Section 32,Twp. 24 N.,Rng 5 E. SUMMARY OF REQUEST: Final Plat for 18 single-family residential lots with water,sanitary sewer, storm, street 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,Dan Chapman,filed a request for approval of Brookridge 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 on Non-Significance-Mitigated on May 29, 2001 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 on the between Lincoln Ave NE (west) and Aberdeen Ave NE (east) and between NE 31' Street (south) and NE 33rd Place (north). The new plat is located in Section 32,Twp. 24 N.,Rng 5 E. 6. The subject site is a 10.3-acre parcel. 7. The Preliminary Plat was approved by the City of Renton Council on December 21,2001. C:\Projects\Saint Claire\close out\Report.doc\cor ■ A Homeowners Association will have the maintenance responsibility for the private stormwater facility. 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 fees shall be paid prior to the recording of the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 3rd DAY OF OCTOBER,2002 LIANA SIT IDET DEVELOPME SERVICES DIVISION cc: Kayren Kittrick LUA02-088 C:\Projects\Saint Claire\close out\Report.doc\cor •, CITE OF REN TON ..LL Planning/Building/PublicWorks Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor September 3,2002 Ms. Jennifer Steig . Peterson Consulting Engineers 4030 Lake Washington Blvd., Suite 200 Kirkland,WA 98033 SUBJECT: BROOKRIDGE FINAL PLAT-LUA-02-088-FP Dear Jennifer, Staff has reviewed the recent submittal of the above subject plat and has made the following comments. Final Plat Recording Concerns: 1. Note the City of Renton land use action number and land record number,LUA-02-088-FP and. LND-10-0373,respectively,on all drawing sheets. The type size used for the land record number should be smaller than that used by the land use action number. 2. Add a note,to the effect,that"ties are to the City of Renton Survey Control Network per plat of Stafford Crest Div.No. 1"(or 2). 3. The length shown for"L16"(on Sheet 4 of 5)appears to be incorrect. 4. Complete City of Renton Monument Cards,with reference points of all new right-of-way monuments set as part of the plat. 5. Note that Tract F (on sheet 3 of 5)is for a landscaping encroachment. Include a pointer of some kind that makes it clearer that said encroachment area is Tract F. As currently noted, Tract F is difficult to locate. 6. Show or note that there is a slopes easement for cuts and fills(per Transnation Title Insurance Co.Title Commitment dated July 11,2002)along the north boundary lines of proposed Lots 14 through 18, inclusive, and Tract D(per King County Rec.No. 9906101390). 7. Item Nos. 16 through 18 reference mitigation fees that will be paid before the plat is recorded. Therefore, said items can be removed from the"GENERAL NOTES"block on Sheet 2 of 5. 8. See the attachment for changes to be made to the legal description as noted on Sheet 1 of 5. 9. Because the subject property falls within Zone 2 of the City of Renton Aquifer Protection Area,the Aquifer Protection Notice needs to be noted on the drawing. See the attachment. 10. Remove the references to"(PRELIMINARY PLAT AS SAINT CLAIRE)"in the title block on all drawing sheets. C:\Projects\Sainty05e5Sinoaul ha GLrettay t oW ayaRte.dnotco\cno,r Washington 98055 R E N T O N AHEAD OF THE CURVE . This paper contains 50%recycled material,30%post consumer September 3, 2002 Page 2 11. Is it necessary to show the sanitary sewer easement and water easement, as noted on or adjoining Tract B, as separate from said tract? Are these easements already recorded? Item No. 11 (under"GENERAL NOTES"on Sheet 2 of 5)indicates that said tract is a private access tract,but makes no mention that said tract is also a public utility tract. The same comments also apply to Tract C and Item No.12 on Sheet 2 of 5. Fire Prevention Concerns: 1. Street signs need to be installed. 2. Pavement and water system need to be completed. Review of the CC&R: 1. The owner should submit to the City an easement to the Homeowner's Association for maintenance of a 10 foot no clearing and grading zone. 2. In the Homeowner's Association Agreement (CC&R's) sections 17.2 and 17.3 should include language that the covenants relating to maintenance of the water quality vault and conveyance line (Section 6.5d) and Sections 6.2 and 6.3 (relating to the 10 foot easement) can't be amended without the approval of the City of Renton. Construction Concerns: Please note that the comments above address the plat review. You will want to continue working with Tom Main to insure that the project has a final walk through and a sign-off by the inspector. This includes any punchlist items from the inspector and/or the City Maintenance Division. The project also needs to complete the standard paperwork including submitting AsBuilt drawings, AsBuilt mylars, Cost Data forms, Bill of Sale, Maintenance Bonds and a signed off copy of the permit issued by Coal Creek Water and Sewer District. As-Built Concerns: The construction plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set.All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The mylars are labeled As-Built in a large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water main, sanitary sewer, and storm drainage systems easements which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order we will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. Construction Cost Data Concerns: At the same time the As-Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Storm Drainage Systems, street lights C:\Projects\Saint Claire\Final Plat\Letter to applicant.doc September 3, 2002 Page 3 and street improvements on the Data Cost and Inventory Form and sign it at the bottom. This form is to reflect only those facilities that will be turned over to the City. Examples of items that are NOT turned over are side-sewer stubs, water service lines and private storm drainage facilities. Return the original form to my office. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory form (both are enclosed). A Maintenance Bond is required in the amount of 10% of the grand total of the storm and street improvements costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The permit bond will be released upon receipt and acceptance of the maintenance bond,of the above documentation and final sign—off by the inspector. Fees: The applicant shall pay the Fire Mitigation Fee of$488.00 per each new single family lot prior to the recording of the final plat. The applicant shall pay the Transportation Mitigation Fee of$75.00 per each new average daily trip associated with the project prior to the recording of the final plat for each phase of the subdivision. The applicant shall pay the Parks Mitigation Fee of$530.76 per each new single family residence lot.The fee is due prior to the recording of the final plat for each phase of the subdivision. It is a team effort of all of the above City divisions, your engineer and your land surveyor to get your plat to final plat approval. If you have any questions please contact me at 425-430-7278. Thank you for your cooperation. Sincerely, Juliana Sitthi ,P.E. Development ervices Division cc: Kayren Kittrick Dan Chapman LUA02-088 C:\Projects\Saint Claire\Final Plat\Letter to applicant.doc RENTON CITY COUNCIL Special Meeting December 21, 2001 Council Chambers Friday, 12:00 noon MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DAN CLAWSON,Council President;TONI NELSON;DON PERSSON; COUNCILMEMBERS KING PARKER;TERRI BRIERE;KATHY KEOLKER-WHEELER. MOVED BY PERSSON, SECONDED BY CLAWSON,COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. CITY STAFF IN JESSE TANNER,Mayor;JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN,City Attorney; MARILYN PETERSEN,City Clerk;ELIZABETH HIGGINS, Senior Planner;ALEX PIETSCH,Economic Development Director;DEREK TODD,Assistant to the CAO. APPEAL Planning and Development Committee Chair Keolker-Wheeler presented a Planning &Development report regarding the appeal of the St. Claire rezone and preliminary plat Committee application; 10.3 acres located in north Renton between Lincoln Ave.NE and Appeal: St. Claire,Karen Aberdeen Ave. NE,and between NE 31st St. and NE 33rd Pl. (PP-01-055). Dobson(PP-01-055) The Committee recommended that the Council affirm the Hearing Examiner's decision and recommendation in this appeal with the following modifications. Findings of Fact 38, Subsections A through C,page 10 of the Hearing Examiner's decision dated October 4,2001, should be amended to read: A. The applicant shall submit to the City for review and approval,prior to clearing and grading, an easement,which shall be subsequently recorded, granted to the homeowner's association to maintain the ten-foot wide no clearing or grading area. In its conditions,reservations and restrictions the homeowner's association shall be responsible for establishing assessments, sufficient to pay for such maintenance,above its other monetary obligations. Native vegetation may be removed and replaced within the ten-foot strip by soil stabilizing plants, subject,however,to the approval of the City. The applicant shall also submit to the City for review and approval and subsequent recordation,a restrictive covenant permitting no construction,within the ten-foot area,of structures such as fences or sheds, without prior written approval of the City. B. Deleted. C. Shall have added: By City Code,construction is prohibited on Sunday. Construction is permitted on Saturday only by prior approval of the City including the provision of on-call inspectors. This requirement is particularly important to land clearing,grading and tree removal. Finding 40 on page 10 of the Hearing Examiner's decision of October 4,2001, should be corrected to state that sidewalks will be included in the right-of-way. Such things as franchise utilities may be included in easement in the front yards of lots.* Councilwoman Keolker-Wheeler expressed concern that the report did not contain adequate language indicating that the applicant is required to inform the itt, CIT1 DF RENTON ..LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren Rry � ' o MEMORANDUM 0n.FC-/k 04, e°i` 88 FO °/tiQ �?"4? To: Juliana Sitthidet /6, From: Lawrence J. Warren, City Attorney Date: October 7, 2002 Subject: Brookridge Plat (AKA: Saint Claire Plat) —LUA 02-088 Declaration of Protective Covenants The CC&R's are approved as to legal form with the amended language for Sections 17.2 and 17.3 as attached to the developers letter of September 20, 2002. 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 CQ Nnter ::rises * * * * I N C O R P O R A T E D R f �OF RE C �Ep September 20, 2002 Sr 1 32iia Juliana Sitthidet Services Division eUl CDiNG Development �I �S��ti V City of Renton 1055 South Grady Way Renton, WA 98055 RE: LUA-02-088-FP Brookridge Plat - CC&Rs Dear Juliana: In response to your September 3, 2002, letter to Jennifer Steig, in reference to "Review of the CC&R" on page 2, I offer the following response: 1. As we discussed on the telephone, the easement to the Homeowners Association for the maintenance of the "10 foot no clearing and grading zone" will be shown on the Final Plat, which will create the conveyance to the Association. Additionally, wording in the Homeowners' Association's CC&Rs (enclosed) spell out the responsibilities for maintenance of this easement area. 2. Two pages from the CC&Rs are enclosed that show the addition of language that restricts amendments to the CC&Rs pertaining to the maintenance of drainage facilities and the ten foot buffer. Sincerely, 444/ Dan Chapman Encl. E-MAIL dchapman@venturepacific.com 11417 124th AVENUE NE SUITE 201 * KIRKLAND WASHINGTON 98033 * FAX 425 889-8771 * TEL 425 889-8770 • in this Declaration. The Association shall have the exclusive right to use and manage the Common Areas in a manner consistent with this Declaration,the Articles and the Bylaws. ARTICLE SIX MAINTENANCE AND COMMON EXPENSES, Section 6.1: Standard of Maintenance — Common Areas. The Common Areas shall be maintained by the Association in a manner consistent with good building, construction, repair and landscaping practices and in compliance with all applicable codes and regulations. Section 6.2: Standard of Maintenance — Lots and Planting Strips. Each Owner hereby covenants and agrees to maintain its respective Lot,the Structures located on its Lot and any strip of land located between the paved street or sidewalk adjacent to Owner's Lot in the same condition as a reasonably prudent homeowner would maintain such person's own home and property so that the Lot and the Structures located thereon will reflect a high pride of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on its Lot, except for those drainage facilities that are expressly the responsibility of the Association as set forth in this Declaration. Section 6.3: Standard of Maintenance—Native Growth Protection Areas. The Association owns and is responsible for the care of Tract D and Tract E. Tract D and Tract E are the timbered, steeply-sloped, environmentally sensitive portions of the Property designated as a Native Growth Protection Area(NGPA).The NGPA is subject to governmental controls and restrictions that require the Association to maintain, preserve, and protect the wildlife and habitat areas therein. No hunting, cutting of trees, or disposal of debris are permitted within the NGPA, except that the Association may take remedial and preventive measures necessary to maintain the stormwater outfall line that traverses Tract E and remove any trees that are deemed by the City of Renton to be a danger to Owners or to the public. Section 6.4: Standard of Maintenance—Ten-Foot Buffer Easement at Top of Slope. A ten- foot wide buffer easement has been granted to the Association upon and along the rear of Lots 2 through 14. The Owner of each of these Lots hereby covenants and agrees to maintain that portion of the easement that lies within the respective Owner's lot free and clear of trash or debris and to abide by the restrictions set forth herein. No clearing or grading shall occur within the easement, except that, to the extent permitted in writing by the City of Renton, native vegetation may be removed and replaced with soil stabilizing plants.No construction of structures such as fences or sheds shall be permitted within the easement without the prior written approval of the City of Renton. Representatives of the Association when authorized by the Board of Directors shall have the right to enter upon the easement area to inspect the condition of the ten-foot wide buffer and to ascertain if maintenance or restoration measures are required in order for the Owner to remain in compliance with this Section 6.4. Section 6.5: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or the Structures located thereon in accordance with the requirements of Section 6.2 and Section 6.4 above, the Association may notify the Owner in writing of the maintenance required. If the maintenance is not performed by the Owner within thirty (30) days of the 4 Section 16.9: Exhibits. All exhibits referred to in this Declaration are incorporated within it. ARTICLE SEVENTEEN AMENDMENT AND REVOCATION Section 17.1: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section 17.2: Amendment by Developer. During the Development Period, the Developer may amend this instrument to make additional real property subject to this Declaration and to comply with the requirements of the Federal National Mortgage Association,Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. The provisions of Section 6 and Section 10 relating to the obligations and responsibilities of the Association and/or its Members to maintain private streets, drainage facilities,the stormwater detention vault and outfall line to May Creek, and the ten-foot Buffer Easement shall not be amended without the express written approval of the City of Renton. Section 17.3: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent(67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: a. Voting rights; b. Assessments,assessment liens and subordination of such liens; c. Reserves for maintenance,repair and replacement of Common Areas; d. Insurance or fidelity bonds; e. Responsibility for maintenance and repair; f. Contraction of the Property or the withdrawal of Lots, Common Areas or other property from the Property; g. The boundaries of any Lot; 19 ' 1 h. Leasing of Residences other than as set forth herein; i. Imposition of any restrictions on the right of an Owner to sell or transfer such person's Lot. k. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 1. Restoration or repair (after hazard damage or partial condemnation) in manner other than that specified in this Declaration; m. Any action to terminate the legal status of the Property after substantial destruction or condemnation occurs;or n. Any provisions which are for the express benefit of Mortgagees. Any amendment to the provisions of Section 6 and/or Section 10 relating to the obligations and responsibilities of the Association and/or its Members to maintain private streets, drainage facilities,the stormwater detention vault and outfall line to May Creek, and the ten- foot Buffer Easement shall be subject to the express written approval of the City of Renton. Section 17.4: Effective Date. Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded. Section 17.5: Protection of Developer. For such time as Developer shall own Lots located on the Property there shall be no amendments to this Declaration, the Articles, the Bylaws, or any Rules and Regulations adopted by the Association which: a. Discriminate or tend to discriminate against the Developer's rights; b. Change Article One ("Definitions") in a manner which alters the Developer's right or status; c. Alter the character and rights of membership or the rights of the Developer as set forth in Article Three; d. Alter its rights as set forth in Article Nine relating to architectural controls; e. Alter the basis for assessments, or the Developer's exemption from assessments; f. Alter the number or selection of Directors as established in the Bylaws; or g. Alter the Developer's rights as they appear under this Article. END OF DECLARATION PROVISIONS 20 %; CITE OF RENTON Planning/Building/PublicWorks Department V ' Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor September 3,2002 Ms. Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd., Suite 200 Kirkland,WA 98033 SUBJECT: BROOKRIDGE FINAL PLAT-LUA-02-088-FP Dear Jennifer, Staff has reviewed the recent submittal of the above subject plat and has made the following comments. Final Plat Recording Concerns: 1. Note the City of Renton land use action number and land record number,LUA-02-088-FP and. LND-10-0373,respectively,on all drawing sheets. The type size used for the land record number should be smaller than that used by the land use action number. 2. Add a note,to the effect,that"ties are to the City of Renton Survey Control Network per plat of Stafford Crest Div.No. 1"(or 2). 3. The length shown for"L16"(on Sheet 4 of 5)appears to be incorrect. 4. Complete City of Renton Monument Cards,with reference points of all new right-of-way monuments set as part of the plat. 5. Note that Tract F(on Sheet 3 of 5)is for a landscaping encroachment. Include a pointer of some kind that makes it clearer that said encroachment area is Tract F. As currently noted, Tract F is difficult to locate. 6. Show or note that there is a slopes easement for cuts and fills(per Transnation Title Insurance Co.Title Commitment dated July 11,2002)along the north boundary lines of proposed Lots 14 through 18, inclusive, and Tract D(per King County Rec.No. 9906101390). 7. Item Nos. 16 through 18 reference mitigation fees that will be paid before the plat is recorded. Therefore, said items can be removed from the "GENERAL NOTES"block on Sheet 2 of 5. 8. See the attachment for changes to be made to the legal description as noted on Sheet 1 of 5. 9. Because the subject property falls within Zone 2 of the City of Renton Aquifer Protection Area,the Aquifer Protection Notice needs to be noted on the drawing. See the attachment. 10. Remove the references to"(PRELIMINARY PLAT AS SAINT CLAIRE)" in the title block on all drawing sheets. C:\Projects\Samt I�5Snoau Phla tGLerady t oW yh-caRte.dnotcocno,r Washington 98055 R E N T O N �� AHEAD OF THE CURVE C: This paper contains 50%recycled material.30%post consumer September 3,2002 Page 2 11. Is it necessary to show the sanitary sewer easement and water easement,as noted on or adjoining Tract B, as separate from said tract? Are these easements already recorded? Item No. 11 (under"GENERAL NOTES"on Sheet 2 of 5)indicates that said tract is a private access tract,but makes no mention that said tract is also a public utility tract. The same comments also apply to Tract C and Item No.12 on Sheet 2 of 5. Fire Prevention Concerns: 1. Street signs need to be installed. 2. Pavement and water system need to be completed. Review of the CC&R: 1. The owner should submit to the City an easement to the Homeowner's Association for maintenance of a 10 foot no clearing and grading zone. 2. In the Homeowner's Association Agreement (CC&R's) sections 17.2 and 17.3 should include language that the covenants relating to maintenance of the water quality vault and conveyance line (Section 6.5d) and Sections 6.2 and 6.3 (relating to the 10 foot easement) can't be amended without the approval of the City of Renton. Construction Concerns: Please note that the comments above address the plat review. You will want to continue working with Tom Main to insure that the project has a final walk through and a sign-off by the inspector. This includes any punchlist items from the inspector and/or the City Maintenance Division. The project also needs to complete the standard paperwork including submitting AsBuilt drawings, AsBuilt mylars, Cost Data forms, Bill of Sale, Maintenance Bonds and a signed off copy of the permit issued by Coal Creek Water and Sewer District. As-Built Concerns: The construction plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The mylars are labeled As-Built in a large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity.The civil drawings also need to show all water main, sanitary sewer, and storm drainage systems easements which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order we will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. Construction Cost Data Concerns: At the same time the As-Built bluelines are submitted,the owner of the development or authorized agent shall supply the detailed construction cost of the public Storm Drainage Systems, street lights C:\Projects\Saint Claire\Final Plat\Letter to applicant.doc September 3, 2002 Page 3 and street improvements on the Data Cost and Inventory Form and sign it at the bottom. This form is to reflect only those facilities that will be turned over to the City. Examples of items that are NOT turned over are side-sewer stubs, water service lines and private storm drainage facilities. Return the original form to my office. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory form (both are enclosed). A Maintenance Bond is required in the amount of 10% of the grand total of the storm and street improvements costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The permit bond will be released upon receipt and acceptance of the maintenance bond, of the above documentation and final sign—off by the inspector. Fees: The applicant shall pay the Fire Mitigation Fee of$488.00 per each new single family lot prior to the recording of the final plat. The applicant shall pay the Transportation Mitigation Fee of $75.00 per each new average daily trip associated with the project prior to the recording of the final plat for each phase of the subdivision. The applicant shall pay the Parks Mitigation Fee of$530.76 per each new single family residence lot.The fee is due prior to the recording of the final plat for each phase of the subdivision. It is a team effort of all of the above City divisions, your engineer and your land surveyor to get your plat to final plat approval. If you have any questions please contact me at 425-430-7278. Thank you for your cooperation. Sincerely, uliana Sitthi ,P.E. Development ervices Division cc: Kayren Kittrick Dan Chapman LUA02-088 C:\Projects\Saint Claire\Final Plat\Letter to applicant.doc BROOK ( PRELIMINARY PLAT SW 1 /4 , SEC . 32 , T. CITY OF RENTON , KING LEGAL DESCRIPTION; PARCEL A: THE NORTH 300 FEET OF TRACT 364 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 6, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY,-Att9I eRT L.J, �)I+!l !rcaLi.5 TOGETHER WITH THAT PORTION OF VACATED NE 33RD STREET (BLANCHE AVENUE) AS THE SAME WAS VACATED BY CITY OF RENTON ORDINANCE NO. 4767 RECORDED UNDER KING COUNTY RECORDING NUMBER 9903080899; �- (ALSO KNOWN AS A PORTION OF PARCEL F STAFFORD CREST DIVISION 1 LOTLINE ADJUSTMENT NO. LUA-98-183-LLA, RECORDED UND KNG COUNTY RECORDING NUMBER 9903089006); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: TRACT 76 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. DEDICATION/CERTIFICATION: KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES. AND ALSC THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDED BUT NOT LIMITED TO PARKS. OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED ANC FOR THE PURPOSE STATED. KNOW BY ALL PEOPLE BY THESE PRESENT THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER JAMES D. CHAPMAN THOMAS W. CAVE CQ ENTERPRISES, INC. FRONTIER BANK AN ALASKA CORPORATION JOHN R. DAY JOHN DAY HOMES, INC. AQUIFER PROTECTION NOTICE THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE NO. 4367 AND AS AMENDED BY ORDINANCE NO. 4740. THIS CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNER'S RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. City of Renton InterOffice Memo To: Larry Warren,City Attorney From: Juliana Sitthidet ext:7278 Date: August 21, 2002 Subject: Brookridge(AKA Saint Claire)Final Plat LUA 02-088,FP Declaration of Protective Covenants for Brookridge Please review the attached revised Declaration of Protective Covenants document as to legal form. A copy of the Hearing Examiner's Report dated October 4, 2001 is attached for reference and your use. A copy of the Renton City Council minutes amending the Hearing Examiner decision is also included. Findings of Fact 38, states that"There would be a 10-foot wide no clearing or grading area just north of these rear property lines. (MM1). There are few trees here. This area would provide a type of vegetative buffer upslope of the 40+ percent slopes. The following Conditions are necessary to promote the integrity of this vegetative buffer during construction and later, after the house are built: A. (modified by Council) The applicant shall submit to the City for review and approval,prior to clearing and grading, an easement, which shall be subsequently recorded, granted to the homeowner's association to maintain the ten foot wide no clearing or grading area. In its conditions, reservations and restrictions the homeowner's association shall be responsible for establishing assessments, sufficient to pay for such maintenance, above its other monetary obligations. Native vegetation may be removed and replaced within the ten foot strip by soil stabilizing plants, subject, however, to the approval of the City. The applicant shall also submit to the City for review and approval and subsequent recordation, a restrictive covenant permitting no construction, within the ten foot area, of structures such as fences or sheds, without prior written approval of the City." Findings of Fact 60, states that "A Native Growth Protection Area would be established over all the area to be maintained in RC zoning. The NGPA would be recorded. This area would include all slopes equal or greater than 40 percent. The Code requires that the NGPA be marked on the ground. There would be no development in this area, which would remain in its forested state. Private parties, likely the homeowner's association would be responsible for the NGPA continuity and integrity. This legal responsibility would be part of the recordation." Recommendation on Preliminary Plat Application 39, states that "The staff recommends and the Examiner adopts the following Condition for compliance with subdivision regulations and the MDNS. a. Prior to final recordation, applicant shall submit to the City Development Services Division for review and approval by the City Attorney either a draft Homeowner's Association agreement or maintenance agreement for the maintenance of all common improvements, including private stormwater facilities, utility, and other easements, and other common areas, including Tracts A, B, C, D and E. The approved agreement shall be recorded." Brookridge(AKA Saint Claire)Final Plat LUA 02-088,FP Page 2 Declaration of Protective Covenants for Sienna 08/21/02 The plat has detention and water quality vault, and a stormwater conveyance system as private utilities. Regarding Findings of Fact 49: "With new houses changing the view from a green forest to a developed one, to prevent negative view effects, the following Condition is necessary: Prior to clearing and grading, applicant shall submit to the City for review and approval, a Plan prepared by Washington State Licensed professional for trees to be retained/planted to block the views of the proposed houses (within a reasonable time) from the Greenway. The plan with maps shall include details for implementation, maintenance, notice to prospective purchasers, (possible recordation), replacement as necessary, and retention (including on-site markers). The plan is to be coordinated with the vegetative buffer and may lead to the buffer's increase in width." Is there any specific language that should be shown in the face of the plat? Should it be included in the Homeowner's Association? I am enclosing, for your reference, a copy of the Bylaws of Brookridge Homeowner's Association. If I maybe of assistance in expediting this request please call me at 430-7278. CC: Kayren Kittrick LUA 02-088 aCITY .F RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren RETCEIVED MEMORANDUM AUG 28 2002 BUILDING DIVISION To: Juliana Sitthidet From: Lawrence J. Warren, City Attorney Date: August 27, 2002 Subject: Brookridge (AKA Saint Claire) Final Plat LUA 02-088, FP Declaration of Protective Covenants for Brookridge According to the various documents, the owner should submit to the City for filing: 1) a native growth protection area easement and 2) an easement to the Homeowner's Association for maintenance of a 10 foot no clearing and grading zone. There is also to be submitted, prior to clearing and grading 3) a tree retention or planting plan to block the view of proposed homes from the greenway. Finally, there is to be 4) a Homeowner's Agreement (CC&R's). The Homeowner's Agreement (CC&R's) is approved as to legal form except for Sections 17.2 and 17.3. Each Section should include language that the covenants relating to maintenance of the water quality vault and conveyance line (Section 6.5d) and Sections 6.2 and 6.3 (relating to the 10 foot easement) can't be amended without the approval of the City of Renton. Lawrence J. arren LJW:tmj cc: Jay Covington Kayren Kittrick T10.36:42 Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON r AHEAD OF THE CURVE " This paper contains 50%recycled material,30%post consumer CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 26,2002 TO: Juliana Sitthidet FROM: Sonja J.Fesser SUBJECT: Brookridge Plat(Saint Claire),LUA-02-088-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number,LUA-02-088-FP and LND-10-0373,respectively,on all drawing sheets. The type size used for the land record number should be smaller than that used by the land use action number. Add a note,to the effect,that"ties are to the City of Renton Survey Control Network per plat of Stafford Crest Div.No. 1"(or 2). The length shown for"L16"(on Sheet 4 of 5)appears to be incorrect. Complete City of Renton Monument Cards,with reference points of all new right-of-way monuments set as part of the plat. Note that Tract F(on Sheet 3 of 5)is for a landscaping encroachment. Include a pointer of some kind that makes it clearer that said encroachment area is Tract F. As currently noted,Tract F is difficult to locate. Show or note that there is a slopes easement for cuts and fills(per Transnation Title Insurance Co. Title Commitment dated July 11,2002)along the north boundary lines of proposed Lots 14 through 18,inclusive,and Tract D(per King County Rec.No. 9906101390). Item Nos. 16 through 18 reference mitigation fees that will be paid before the plat is recorded. Therefore, said items can be removed from the"GENERAL NOTES"block on Sheet 2 of 5. See the attachment for changes to be made to the legal description as noted on Sheet 1 of 5. \H:\File Sys\LND-Land Subdivision&Surveying Records\LND-10-Plats\0373\RV020812.doc August 26,2002 Page 2 Because the subject property falls within Zone 2 of the City of Renton Aquifer Protection Area, the Aquifer Protection Notice needs to be noted on the drawing. See the attachment. Remove the references to"(PRELIMINARY PLAT AS SAINT CLAIRE)" in the title block on all drawing sheets. Is it necessary to show the sanitary sewer easement and water easement, as noted on or adjoining Tract B,as separate from said tract? Are these easements already recorded? Item No. 11 (under "GENERAL NOTES"on Sheet 2 of 5) indicates that said tract is a private access tract,but makes no mention that said tract is also a public utility tract. The same comments also apply to Tract C and Item No.12 on Sheet 2 of 5. Comments for the Project Manager: Make sure that the plat recording instructions note that cross-referencing of the recording numbers is needed between the various accompanying documents(Bylaws and Protective Covenants,Conditions, Easements&Restrictions)and the plat at the time of recording. The covenants document needs to have the legal descriptions on Exhibits A,B and C completed. H:\File Sys\LND-Land Subdivision&Surveying Records\LND-10-Plats\0373\RV020812.doc\sjf BROOK ( PRELIMINARY P _AT SW 1 /4 , SEC . 32 , T. CITY OF RENTON , KING LEGAL DESCRIPTION: PARCEL A: THE NORTH 300 FEET OF TRACT 364 Or C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 6, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY,-Atf9+Teft-` I_.= f-5 t4 L 1"c>LL TOGETHER WITH THAT PORTION OF VACATED NE 33RD STREET (BLANCHE AVENUE) AS THE SAME WAS VACATED BY CITY OF RENTON ORDINANCE NO. 4767 RECORDED UNDER KING COUNTY RECORDING NUMBER 9903080899; (ALSO KNOWN AS A PORTION OF PARCEL fdi pF STAFFORD CREST DIVISION 1 LOT LINE ADJUSTMENT NO. LUA-98-183-LLA, RECORDED UNDER-KING COUNTY RECORDING NUMBER 9903089006); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: TRACT 76 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. DEDICATION/CERTIFICATION: KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES. AND ALSC THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON. INCLUDED BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH STREETS, EASEMENTS OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED ANC FOR THE PURPOSE STATED. KNOW BY ALL PEOPLE BY THESE PRESENT THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NUMBER JAMES D. CHAPMAN THOMAS W. CAVE CO ENTERPRISES, INC. FRONTIER BANK AN A:ASKA CORPORATION JOHN R. DAY JOHN DAY HOMES, INC. • AQUIFER PROTECTION NOTICE THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE NO. 4367 AND AS AMENDED BY ORDINANCE NO. 4740. THIS CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNER'S RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT✓ APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ivi ,I, COMMENTS DUE: AUGUST 19, 2002 APPLICATION NO: LUA-02-088, FP DATE CIRCULATED: AUGUST 2, 2002 R,ryn, APPLICANT: CO Enterprises (Dan Chapman) PROJECT MANAGER: Juliana Sittidet 406, C'%�04, PROJECT TITLE: Brookridge Final Plat WORK ORDER NO: 77018 B(4 8? 0 LOCATION: Section 32, T24N, R 5E /���NG0j ?QO? SITE AREA: 16.33 acres I BUILDING AREA(gross): N/A . Iris,>n4/ SUMMARY OF PROPOSAL: Final Plat of Brookridge (aka Saint Claire)with 18 single-family residential lots. The plat includes installation of storm drainage, sidewalks, street lighting and paving. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information 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 42-e— /11-1 14-A OCIi—P3'711 42—S— e`E9U-J X / ' B. POLICY-RELATED COMMENTS /VD �e C. CODE REL4 COMMENTS e +, Ai, e v t", ��1 J - Z°J g)> 0 �-P We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess th"s proposal. 7_,f?z .,/. vb-p-)-vi.e)24---- e/z/ oez Signature of Director or Authorized Representative Date Routing Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: AC,,V1 V,..;Nj i.) COMMENTS DUE: AUGUST 19, 2002 APPLICATION NO: LUA-02-088, FP DATE CIRCULATED: AUGUST 2, 2002 19iry APPLICANT: Co Enterprises (Dan Chapman) PROJECT MANAGER: Juliana Sittidet 400 CF%`/,�, PROJECT TITLE: Brookridge Final Plat WORK ORDER NO: 77018 £ , 0? 0 LOCATION: Section 32,T24N, R 5E `O/NCO/ < ?? SITE AREA: 16.33 acres BUILDING AREA(gross): N/A -iS/n) SUMMARY OF PROPOSAL: Final Plat of Brookridge (aka Saint Claire)with 18 single-family residential lots. The plat includes installation of storm drainage, sidewalks,street lighting and paving. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information 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 B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS • We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date Routing Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 1). i/ l; ; COMMENTS DUE: AUGUST 19, 2002 APPLICATION NO: LUA-02-088, FP DATE CIRCULATED: AUGUST 2,2002 APPLICANT: CO Enterprises(Dan Chapman) PROJECT MANAGER: Juliana Sittidet PROJECT TITLE: Brookridge Final Plat _ WORK ORDER NO: 77018 LOCATION: Section 32,T24N, R 5E SITE AREA: 16.33 acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Final Plat of Brookridge(aka Saint Claire)with 18 single-family residential lots. The plat includes installation of storm drainage,sidewalks,street lighting and paving. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LightGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS • We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. rese Signature of Director or Authorized Represe Date Routing Rev.10/93 a ® CITt OF RENTON ..u. Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren CITY OF RENTON RECEIVED MEMORANDUM FEB 0 1 2002 BUILDING DIVISION To: Juliana Sitthidet From: Lawrence J. Warren, City Attorney Date: January 31, 2002 Subject: Saint Claire Plat LUA 01-055 Easement —Conditions, Reservations and Restrictions The easement and restrictive covenants are approved as to legal form as long as the legal descriptions in Exhibit A (which wasn't attached) are approved by the City. There still needs to be created a Homeowner's Association or the easement to nonexistent entity is worthless. Lawrence J. Warren LJW:tmj cc: Jay Covington Kayren Kittrick 4 ntp 1901 2001 Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX 425-255-5474 �1 L: This paper contains 50%recycled material,30%post consumer e.17 AFTER RECORDING RETURN TO: Shirley Allen Lazarus Land Corporation 5657 229th Avenue SE Issaquah, WA 98029 DECLARATION OF RESTRICTIVE COVENANT AND EASEMENT Grantor: Grantee: Abbreviated Legal Description: Assessor's Tax Parcel ID#: THIS DECLARATION OF RESTRICTIVE COVENANT AND EASEMENT ("Declaration") is made this day of , 2002 by (hereinafter referred to as the "Declarant"). RECITALS: A. Declarant is the owner of certain real property located in the City of Renton, King County, Washington and commonly known as Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of the Saint Claire subdivision (the "Nat"), a single family residential plat (the "Property"). Said Lots are legally described on Exhibit A, attached hereto and incorporated herein by this reference. B. The conditions of approval of the preliminary plat of the Plat require that a ten foot no clearing or grading buffer be maintained on the Property across the ten feet of land 35690210021232460.0114ZD801!.DOC(1/24/02) -1- 1 located approximately north of the rear lot line of each lot in the Property, legally described on Exhibit B, attached hereto and incorporated herein by this reference("Buffer Area"). C. Pursuant to the conditions of approval of the preliminary plat of the Plat, prior to clearing and grading the Property, the applicant for preliminary plat approval is required to submit to the City of Renton ("City") for review and approval and subsequent recordation, a restrictive covenant permitting no construction of structures such as fences or sheds in the Buffer Area without prior written approval of the City. D. Pursuant to the conditions of approval of the preliminary plat of the Plat, prior to clearing and grading the Property, the applicant for preliminary plat approval is required to submit to the City for review and approval and subsequent recordation, an easement granted to the homeowners' association for the Plat for the purpose of maintaining the Buffer Area. E. The Declarant has created and established the Homeowner's Association as the homeowners' association for the Plat, pursuant to the Covenants, Conditions and Restrictions recorded at King County Recording No. ("Homeowners'Association"). F. The Declarant desires to grant an easement and restrictive covenant as required by the conditions of approval of the preliminary plat for the Plat. NOW, THEREFORE, the Declarant hereby declares that the Property is hereby made subject to, and shall be held, conveyed and occupied subject to the covenants, restrictions, and easements set forth below, in addition to any covenants, restrictions and easements set forth on the recorded Plat or other recorded document. The matters set forth herein are for the purpose of enhancing the value and desirability of the Property, and shall be deemed to be covenants running with the land, and shall be binding on the Declarant and the Declarant's grantees, assigns and successors. 1. Restriction on Use of Buffer Area. 1.1 In addition to any other restriction on the use of the Buffer Area imposed in any other recorded document, no Owner shall allow or permit any structure, such as a fence or shed, to be constructed, installed, or otherwise located in the portion of the Buffer Area that is located on that Owner's lot within the Property, without obtaining the prior written approval of the City. An Owner may remove native vegetation from the Buffer Area and replace said native vegetation with soil stabilizing plants; provided, that the Owner first obtain the City's written approval of the replacement of the vegetation. 1.2 For purposes of this Declaration, the term "Owner" shall mean the record owner, whether one or more persons or entities, of fee simple title to a lot within the Property, including a contract purchaser under a real estate contract. Declarant is the original 35690210021232460.0114ZD801!.DOC(1/24/02) -2- Owner of all lots within the Property and shall continue to be the Owner thereof except as conveyances changing such ownership as to specific lots within the Property are recorded. 2. Easement for Buffer Maintenance. Declarant hereby grants, declares and conveys to the Homeowners' Association a non-exclusive, permanent easement in, over and across the Buffer Area as located on each lot within the Property, for purposes of maintaining the Buffer Area in the condition required by the approval of the preliminary plat of the Plat ("Easement"). The Homeowners' Association and its designated agents and representatives shall have the right to enter an Owner's lot within the Property for the sole purpose of accessing the Buffer Area pursuant to this Easement; provided, that except in cases of emergency, the Homeowners' Association shall provide at least five business days written notice to an Owner of the entry. 3. Indemnity. The Homeowners' Association shall indemnify, defend and hold the Owner(s) of lots within the Property harmless from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees, arising out of or relating to the use of said Easement by the Homeowners' Association and its agents and representatives; provided, however, that this Paragraph does not purport to indemnify the Owner(s) against liability for damages caused by or resulting solely from the negligence of the Owner(s). 4. Miscellaneous. 4.1 Binding Effect. This Declaration and the rights and obligations described herein shall be deemed covenants running with the Property. The provisions of this Declaration shall be binding upon, and shall inure to the benefit of, the parties hereto, their respective heirs, successors and assigns, and all future owners of the Property. 4.2 Modification. This Declaration may only be modified by a written document signed by the then Owner(s) of the Property and approved by the City of Renton. 4.3 Venue and Attorney's Fees. Any controversy or claim regarding the provisions of this Agreement shall be resolved in King County Superior Court. The prevailing party in such action, as shall be determined by the Court, shall recover all its attorney's fees and costs from the losing party. DECLARANT: • By: Dated: 35690210021232460.0114ZD801'.DOC(1/24/02) -3- HOMEOWNERS' ASSOCIATION: B y: Dated: 35690210021232460.0114ZD801!.DOC(1/24/02) -4- STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: 35690210021232460.0114ZD801!.DOC(1/24/02) -5- RENTON CITY COUNCIL Special Meeting December 21,2001 Council Chambers Friday, 12:00 noon MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DAN CLAWSON, Council President;TONI NELSON;DON PERSSON; COUNCILMEMBERS KING PARKER;TERRI BRIERE;KATHY KEOLKER-WHERTPR. MOVED BY PERSSON, SECONDED BY CLAWSON,COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. CITY STAFF IN JESSE TANNER,Mayor;JAY COVINGTON,Chief Administrative Officer; ATTENDANCE LAWRENCE J.WARREN,City Attorney;MARILYN PETERSEN,City Clerk;ELIZABETH HIGGINS, Senior Planner;ALEX PIETSCH,Economic Development Director; DEREK TODD,Assistant to the CAO. APPEAL Planning and Development Committee Chair Keolker-Wheeler presented a Planning&Development report regarding the appeal of the St. Claire rezone and preliminary plat Committee application; 10.3 acres located in north Renton between Lincoln Ave. NE and Appeal: St. Claire,Karen Aberdeen Ave. NE, and between NE 31st St. and NE 33rd Pl. (PP-01-055). Dobson(PP-01-055) The Committee recommended that the Council affirm the Hearing Examiner's decision and recommendation in this appeal with the following modifications. Findings of Fact 38,Subsections A through C,page 10 of the Hearing Examiner's decision dated October 4,2001,should be amended to read: • A. The applicant shall submit to the City for review and approval,prior to clearing and grading, an easement, which shall be subsequently recorded, granted to the homeowner's association to maintain the ten-foot wide no clearing or grading area. In its conditions,reservations and restrictions the homeowner's association shall be responsible for establishing assessments, sufficient to pay for such maintenance, above its other monetary obligations. Native vegetation may be removed and replaced within the ten-foot strip by soil stabilizing plants, subject,however,to the approval of the City. The applicant shall also submit to the City for review and approval and subsequent recordation,a restrictive covenant permitting no construction, within the ten-foot area,of structures such as fences or sheds, without prior written approval of the City. 1B. Deleted. .�. Shall have added: By City Code,construction is prohibited on Sunday. Construction is permitted on Saturday only by prior approval of the City including the provision of on-call inspectors. This requirement is particularly important to land clearing,grading and tree removal. Finding 40 on page 10 of the Hearing Examiner's decision of October 4,2001, should be corrected to state that sidewalks will be included in the right-of-way. Such things as franchise utilities may be included in easement in the front yards of lots.* Councilwoman Keolker-Wheeler expressed concern that the report did not contain adequate language indicating that the applicant is required to inform the 01/25/2002 18: 45 4258371298 PAGE 02 r • FRT' W'.ft, M l LL_CREEK-41 ? 34 PHCNE NO. : 425 379 2323 Jen. 25 2002 05:13PM P2 • HYDRAULIC PROJECT APPROVAL 4 ' A RCW 77.55.100-appeal purauaat to Chapter 34.05 RCM,' nr•y..,.,eat or6bd osa Wudlite Region s Orrice MOIW 1601e Mill Creek Boulevard .7"‹ Ir WRADS Mkt Creek,W'antLagty,9$$11 RATE OF ISSUE: Jalutars 25.2002 j NUMBER: 00-F3 t 6,,.1 b; P-) (TTEE I AUTHORIZLD BJZNI OR CO�iTRACTOR Lazarus Land Corporation Peterson Cgsseuhing Engineers ATTENTION: Shirley Allen ATTENTION: Jennifer Steig S657- 229a Avenue SE 4030 Loco Washington Blvd.NE,Suite 200 Issaquah,Washington 98029 Kirkland,Washington 98033 (425)313-1164 (425)827-55874 PROJECT DESCRIPTIONt Install stormwater facilities including a wet vault,conveyance pipes,catch basins and outfall to May Creek. PROJECT LOCATION: South end of Monterey Court NE,between NE 31 a and NE 33°Streets,Renton. t1 1slSBL, WATER HOD TRIIIITARY a+c. TOWNSHIE BANGS COUNTY I 05.0212 U+tssmsd May Credo SE 32 24 North 01 Rost King PROVj IONS 1. TIMING LIMITATIONS The project may begin[asmediately and shall be completed by October I,2002. 2. Work shall be accomplished per plans and specifications entitled, `Saint Claire',dated December 21,2001,and submitted to the Washington Department of Fish and Wildlife,except as modified by this Hydraulic Project Approval. These plans reflect design criteriapor Chapter 220-1 10 WAC. Those plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The Storrnwater detention facility shell consist of a wet vault which is sized according to calculations and requiremeats described in"Saint Claire,Technical Information Report',dated December 21,2001,and submitted to the Washington Department of Fish and Wildlife in conjunction with the Hydraulic Project Application. 4. The storm,wat:`.r detention facility shall be constructed with restrictive orifices set at`.7 of the pre-developed two-year, 24-hour,design storm and set at the pie-developed 10-year and 100-year pre-developed,design storms v5. The detention facilities shall be maintained as necessary to assure they function to design specifications. Construction of the outfall structure shall be accomplished in a manner that avoids release of overburden material into the water, Overburden material resulting from the project shall be deposited so it will not enter the water. ,-7, Outfall and bank protection material shall be cleat,angular rock,and shall be Installed to withstand 100-year peak flows. Dumping onto the bank face shall not be permitted. S. The outfall structure shall be constructed to prevent the entry of fish. 9. Excavation for the placement of the outfall structure er armoring materials shall be isolated from the wetted perimeter, Page 1 of 3 01/25/2002 18: 45 4258371288 PAGE 03 frpa, tJDFt, M1LL_CREEK-ANNeX 4 PHnNE N0. : 425 379 2323 Jan. 25 2092 705:19PM P3 HYDRAULIC PROJECT APPROVAL Skew orws,A4Kwn 4 M RCW 77.55.100- appeal pursuant to Chapter 34.05 RCW t)ep, r4cot or t yA ann v`"oEite }'! Reston 4 Udke Mae tsars WU Creek oordevere awn Mla Creek,N'a.Aisgtpa 95012 DAr :Qt1SSILE4_linuguy 25.2002 LOG NCY tBLR: 00-F1165-.0.1 10 Erosion control methods shall tic used to prevent silt•laden water from entering the stream. These may include,but are not limited to,straw bales,filter fabric,temporary sediment ponds,check darns of pea gravel-filled burlap bags or other tnnuerirl,and/w uu:uedia►e of imposed areas. 11. If high flow conditions that may cause siltation are eneountered during this project,work shall stop until the flow l subsides. 12. Extreme care shall be taken to ensure that no petroleum products,hydraulic fluid,fresh cement. sediments, Sediment• laden water,chemicals,or any other toxic or deleterinus materials are allowed to enter or leach into the stream. SEPA: MDt'iS by City of Renton final on May 29,2001. APPLICATION ACCEPTED: January 16,2002 . ENFORCEMENT OFFICER: Boone 030 [P3] Tony Oppermann (425)379.2309 / for Director Area Habitat Biologist WDTW _ Qj ERAj,PROVISIQN$ This Hydraulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55-formerly RCW 75.10), Additional authoriution from other public agencies may be nocessary for this pt_g ect, This HPA shall be available on the job site at all times and all its provisions followed by the pe,mittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s)to whom this} 'A is issued may he held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge; possibly punishable by fine amd.'or imprisonment. All HPAs issued pursuant to RCW 77,55.100 or 77.55.200 are subject to additional restrictions,conditions or revocation If the Department of Fish and Wildlife.determines that new biological or physical information indicates the need far such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions, All HPAs issued pursuant to R.CW 77.55 110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation wit1t the permittee. PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. A ryE L5.-51ENERAI,INFO IMATCOI'( Page 2 of 3 01/25/2002 18:45 4258371298 PAGE 94 r Flpv. WLrty M?LL__:I EK_ iEX- P1.4.0NE N0. : 425 379 2323 Jan. 25 2002 35:2RPM P4 HYDRAULIC PROJECT APPROVAL swlrsirw,wni„ru,� tN RCW 71.55.100-appeal pursuant to Chapter 34.03 RCW Qipnwe�H nrFish silt,'WikHifa tAnion 4 Office Mee1f4111 M H('reek aoukverl IMOL111 slit creek,W s.Bi.Xtar 4312 • PATE UniZgail..axa LOG NUMBER: 00T3163-01 IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED iN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS(WAC 220-110.340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100,77.55.110, 77.55.140,77.53.190,77.55.200,and 77.5.5.290: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA,or the conditions or provisions made purr of a HPA;or (B) An order imposing civil penalties. It is recommended that ar.aggrieved party contact the Area Habitat Biologist and discuss the cone►ire Most problems are resolved at this level,but if not,you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North, Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order impaaing civil penalties. The 30-day time requirement may be stayed by the. Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his'he: supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140; A person who is aggrieved or adverset) affected by the following Department actions may request an formal review of: (A) The denial or :nuance of a HPA,or the conditions or provisions made part of a HPA; (13) An order imposing civil penalties;or (C) Any other'agency action"for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request fur a FORMAL APPEAL shall be in WRITINC to the Department of Fish and Wildlife, 6W Capitol Way North,Olympia,Washington 98501-1091,shall be plainly labeled as"REQUEST FOR FORMAL APPEAL" sad shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department aotian that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30- days of the date of the Department's written decision in response to the informal appeal. C FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110, 77.35 200. 77,55.230,or 77.55,290: A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions made part of s HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydrau:ic Appeals Board per WAC 259-04 At Environmental Hearings Office,4224 Sixth Avenue SE,Building Two Rowe Six,Lacey,Washington 9a304;telephone 360459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS iN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE iS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FTNAL AND UNAPPEALAB.LE. Page 3 of 3 01/25/2002 18: 45 4258371298 PAGE 01 ,FP'I : WDF4i M i LL_CREEK_ '.• iL PHOf E N0. : 425 379 2323 Ton. 25 2002 ;t:17PM Fi State of Washing ca DEPARTMENT OF FISH AND WILDLIFE Roo., orf c. ss7 t wu ete2K 9C4JI*, rd-Mii Croon.Wasnir4te 96012•(425;775.1311 FAX TRANSMITTAL DATE; V.A Recipient's Fax. t/4 C 6 37 12. a SENDER: I vhl q' e 1' SetaiteS fax: 425-379-2323 settler's Phone: Ioa$9 3 - -3p9 NUMBER OF FAXED PAGES LNCLUDING TIES COVER SHEET: ( _. ******0*r4Mow*******♦*******timx**w****•***.w**** wx*************w*w***41. KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (206) 296-7456 FAX 296-0196 SPECIAL USE PERMIT Use of County Owned Property PERMIT NUMBER: S-64-01 FILE NO. DATE: 06/22/2001 PERMITTEE: CQ ENTERPRISES INC. - DAN CHAPMAN 11417 124TH AVENUE NE SUITE 201 KIRKLAND, WA 98033- DAY PHONE:425 889-8770 OTHER/FAX PHONE: 425 889-8771F PURPOSE: TO INSATALL, OPERATE AND MAINTAIN A DISCHARGE DITCH. LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page SE 32 24 05 457E MAY CREEK PARK THAT PORTION OF THE PARK THAT INTERSECTS WITH ABERDEEN AVENUE NE (IF EXTENDED) AND NE 31ST STREET. (SEE LOCATION PLANS DATED 6/22/01) . EXPIRATION: This permit shall not be valid for more than 5 YEARS and expires on the 10th day of JUNE 2006. 1. PERMIT REVOCATION:This Pei ;revocable at any time by King County. The ngnt to revoke is expressly reserved to 2 INDEMNITY AND HOLD HARMLESS. The Permittee agrees to indemnify and hold harmless King Countyas King County. maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, ' harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands,provideds, herein to,theincluding costs of defense thereof for Injury to persons, death,or property damage which Is caused by, arises out of,or is i indemnify, and hold exercise of rights and privileges granted by this Permit. The Permittee's obligation under this section shall include: aIndemni and judgments claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both to Permittee'se negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the)CountyIndemnification Permittee's for such own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d) Waiver of the Permittee's immunity unders, the industrial insurance provisions of Title 51 RCW,which waiver has been mutually negotiated by the parties. at the the In the event it is necessary for the County to incur attorney's fees, legal expenses,or other costs to enforce the provisions of t all such fees,expenses,and costs shall be recoverable from the Permittee. his section, In the event it is determined that RCW 4.24.115 applies to this agreement,the Permittee agrees to defend, hold harmless and King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of KingCounty of Permittee's negligence. Permittee agrees to defend,indemnify,and hold harmless the County for claims by Permittee's employees and afire s to waiver of its immunity under Title 51 RCW,which waiver has been mutually negotiated by the parties. to the full extent p yees agrees 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit, there shall be no discrimination any employee or applicant for employment because of race,color,anccst;y, religion, national origin, age, sex, sexual orientation marl talthe presence of any sensory, imination against mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or to minati or, rates of pay or other forms of compensation, and selection for training Includinga discrimination In receipt of the benefit of any services or activities made possible by or resulting from this Permit on the groundstermination, apprenticeship. No person shall be denied, or subjected to ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, presence of any sensory, mental or physical handicap, or the use of a trained guide-dog by a blind or deaf person. Any violation of this race, color,shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation, termination or suspension the part of the Permit by the County,and may result in Ineligibility for further Countyprovision permits. P on in whole or in 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit granting any other permits to other public or private entities, nor shall it prevent the County from using or affect its jurisdiction over anyP t the County from part of them. any public place for any and all public use 5. ASSESSMENTS: Permittee shall be required to pay q any general or special assessments incurred by King County which are directly attributableA toS oEr arisingM from any actions,occupancy,or usage authorized herein. 6. TERMINATION: The Permit-tee may terminate the Permit by written notice to the Manager of Property Services revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on saidproperty restore the premises to a condition which Is equivalent in all respects to the condition existingDivision. Upon which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a nine day y thee Permittee,ng the he effective date of revocation,termination, expiration, or abandonment,the County may accomplish all oft installation of the facilities, or to a condition costs to the Permittee. he necessary work and rchargeiod loall'of the 7. RESTORATION: After completion of work authorized by this Permit, the Permittee shall restore the property to the equivalentv in all beyorespects to the o of thecondition Permit,the County prior ma to starting work, or a condition satisfactory to King County. If the P rtY a condition which is Yaccomplish all the necessary work and charge all the costs tn the oe��Permittee delays RDnnir,..... _-- CQ ENTERPRISES INC. SPECIAL USE PERMIT S-64-OI 15. SPECIAL TERMS AND CONDITIONS: a. The discharge rate of the permittee's stormwater system will take into consideration current capacity and flow of the existing system and shall not significantly increase the discharge of stormwater onto park property nor shall the discharge impact any other properties or areas. b. The permittee will be responsible to operate and maintain the stormwater discharge system. c. The permittee must acquire and provide proof of all permits before construction begins. This includes permits from the Department of Development and Environmental Services and the City of Renton. The permittee shall provide Property Services Division with copies of the issued permits. d. Upon completion of any work on parkland, the permittee must restore park property to its original or better condition or to a condition satisfactory to King County Parks representative. e. The permittee will be responsible to repair/restore any subsurface utilities damaged as a result of construction. f. If at anytime the work creates a condition which could pose a danger to park users, the permittee will be responsible for posting temporary signage, using barricades, or taking other appropriate measures to facilitate continued safe use of park land. g. The permittee will contact Joe Wilson, Property Agent, 296-4438 to coordinate on-site inspections prior to and following any work on parkland. h. The King County Park System reserves the right to set additional terms as unforeseen conditions may warrant. , • cQ ENTERPRISES INC. SPECIAL USE PERMIT S-64-01 15i. INSURANCE: By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. Evidence of prior-approved self-insurance shall be deemed as compliance with the insurance coverage required by this permit. For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form." 1. Minimum Scope of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number GL 0002 (Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITY and Insurance Services Office form number GL 0404 (Ed. 5-81) covering BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT; -or- Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. 2. Minimum Limits of Insurance General Liability: The permittee shall maintain limits no less than $1,000,000.00 combined single limit per occurrence for bodily injury,personal injury and property damage. 3. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. At the option of the County, the insured shall instruct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees. The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. 4. Other Insurance Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. General Liability Policy: l. The County, its officers, officials, employees and agents are to be covered as insured as respects - liability arising out of activities performed by or on behalf of the permittee in connection with this permit. CQ ENTERPRISES INC. SPECIAL USE PERMIT S-64-01 151. INSURANCE CONTINUED: 2. To the extent of the permittee's negligence, the permittee's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance self-insurance maintained by the County, its officers, officials, employees or agentsshould no no and/or contribute with the permittee's insurance or benefit the permittee in any way. t 3. The permittee's insurance shall apply separately to each insured against whom and/or lawsuit is brought, exceptw with respect to the limits of the insurer's liability. claim is made ability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to expiration date of this special use permit, unless forty-five (45) days prior notice, return recei the requested, has been given to the County. pt 5. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'rating less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' s sizeno VIII. If at any time the foregoing policies shall be or become unsatisfactory to the County, as toy or f o substance, or if a company issuing any such policy shall be or become unsatisfactory to the Count permittee shall, upon notice to that effect from the County, promptly obtain a new policy, and shall' the the same to the County, with the appropriate certificates and endorsements, for approval. submit 6. Verification of Coverage The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The certificates and endorsements for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements for each insurance policy are to be on forms approved by the County, and are to be received and approved by the County prior to the issuance of the permit. The County reserves the right to re uire complete, certified copies of all required insurance policies at any time. q 7. Municipal or State Agency Provision If the Contractor is a Municipal Corporation or an agency of the State of Washington and is self-' for any of the above insurance requirements, a certification of self-insurance shall be attached here be incorporated by reference and shall constitute compliance with this section. eto d and 41; CITY 1F RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 2, 2002 • Ms.Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd., Suite 200 Kirkland, WA 98033 SUBJECT: Brookridge Final Plat Project No. LUA-02-088, FP Dear Ms. Steig: 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) 430-7278, if you have any questions. Sincerely, Juliana Sittide Civil Engineer cc: CO Enterprises/Owner acceptance RENTON 1055 South Grady Way-Renton,Washington 98055 ® AHEAD O F THE CURVE This paper contains 50%recycled material,30%post consumer DEVELOPMENT PLANNING CITY OF ETERSON RENTON C ONSULTING AUG 0 ) 20f7 ENGINEERS RECEIVED CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OF PRELIMINARY PLAT APPROVAL SAINT CLAIRE —LUA-01-055 1. During construction, the haul road is required to be rock-lined to prevent tracking of soil off- site on vehicle wheels. A rock lined haul road has been provided. 2. There would be a 10 foot-wide no clearing or grading area just north of these rear property lines. This area would provide a type of vegetative buffer upslope of the 40+percent slopes. The 10-foot non-disturb buffer has been maintained during construction. 3. The applicant shall submit to the City for review and written approval,prior to clearing and grading, a plan for the protection and maintenance of the 10 foot wide vegetative buffer during construction and thereafter, including proposed recordation language. A plan was submitted to the City and the work is being accomplished in accordance with that plan. 4. The vegetative buffer shall either be an easement or provide comparable legal protection. The buffer shall be recorded against the property. The buffer appears as an easement on the Final Plat. S. Before any clearing or grading is approved, a fence shall be placed on-site to demarcate where no clearing or grading is authorized(which includes the 10 foot vegetative buffer). The City will inspect the fence to assure adequacy and accuracy of placement, and provide written approval. Orange safety fence was provided along the clearing limits. 6. Permanent markers shall be placed on site showing where the buffer begins. Permanent markers will be placed on site depicting the edge of the buffer prior to final plat recording. 4030 LAKE WASHINGTON BLVD. NE, SUITE 200 • KIRKLAND, WASHINGTON 98033 • (425) 827-5874 (425) 822-7216 FAX Confirmation of Compliance wi Conditions Saint Claire, LUA-01-055 Page 2 7. There would be a traffic impact mitigation fee of$75 for each new average weekday trip attributable to the project. The impact fee will be paid prior to final plat recording. 8. There would be a fire impact mitigation fee of$488 for each new lot. The impact fee will be paid prior to final plat recording. 9. "Will serve"letters for sanitary sewer and water service will be required from Coal Creek Water and Sewer District. Approved sewer and water plans have been provide by the Coal Creek Water and Sewer District. 10. There would be a park mitigation fee of$530.76 per each new residential lot. The impact fee will be paid prior to final plat recording. 11. Prior to clearing or grading, applicant shall submit to the City for review and approval, a Plan prepared by Washington State Licensed professional for trees to be retained/planted to block the views of the proposed houses (within a reasonable time)from the Greenway. The plan with maps shall include details for implementation, maintenance, notice to prospective purchasers, (possible recordation), replacement as necessary, and retention (including on- site markers). The plan is to be coordinated with the vegetative buffer and may lead to the buffer's increase in width. The proposed save trees were marked in the field and remain standing. These trees provide the necessary buffer. 12. The Erosion Plan,for both construction and habitation phases, would have to demonstrate compliance with the 1998 King County Surface Design Manual(KCSWDM)standards with a Level 2 analysis of potential downstream impacts. The TESC Plan that is in force in the field is in compliance with the 1998 KCSWDM standards and requirements. 13. Certification of the installation, maintenance and proper removal of the erosion control facilities would be required prior to plat recordation. The necessary certification will be provided prior to final plat recording. 14. A silt fence shall be required along the downslope perimeter of the area that is to be disturbed. The required silt fence was installed along the perimeter of the disturbed area. Confirmation of Compliance wi Conditions Saint Claire, LUA-01-055 Page 3 15. Shallow drainage swales with vegetation within, and possibly lining rock depending on the grade are to be built. Shallow drainage swales were constructed as necessary. 16. The silt fence and drainage swale shall be upslope of the vegetative buffer including any increase due to the tree screening. The silt fence and drainage swales were installed as requested. 17. Applicant shall mark on an approved map and on the trees themselves, those to be cleared (removed), and submit this to the City for review and approval,prior to any clearing and grading. The requested tree retention plan was provided to the City prior to clearing. 18. After rough grading, bare areas that would not to be immediately covered by impervious surface would be mulched, i.e. covered with vegetative material. Bare areas on the site have been covered as necessary. 19. The on-site contractor would daily review the condition and maintenance of all erosion and sedimentation control measures during off and on-site improvements and building construction. The contractor has made daily checks of the TESC facilities. 20. The project engineer shall make weekly reports to the City public works inspector on the status/condition of the erosion control plan, with any recommendations for change or revision to maintenance schedules or installation. The public works inspector has been updated weekly on the TESC status and appropriate changes have been made. 21. A Native Growth Protection Area would be established over all the area to be maintained in RC zoning. The NGPA would be recorded. This area would include all slopes equal to or greater than 40 percent. The Code requires that the NGPA be marked on the ground. There would be no development in this area, which would remain in its forested state. Private parties, likely the Homeowners'Association, would be responsible for the NGPA's continuing integrity. This legal responsibility would be part of recordation. All areas with slopes greater than 40% are shown on the Final Plat as NGPA's, and no development will be allowed with in these areas. Confirmation of Compliance w/ Conditions Saint Claire, LUA-01-055 Page 4 22. The applicant shall submit to the City for review and approval the design details for those roofs and their runoff where flow would not be directed to the stormwater treatment system. Such design shall show that the runoff quality, quantity and rate of discharge, as well as the location and manner of discharge, is environmentally safe for drainage to the Native Growth Protection Area. All roof drains have been directed to the storm water treatment vault. No runoff is discharging into the NGPA as directed by the geotechnical engineer. 23. No later then application for clearing and grading, applicant shall submit a Stormwater Discharge Monitoring Plan. A stormwater discharge monitoring plan was submitted prior to construction. 24. Such plan shall be consistent with provision required by the City (by adoption of the 1998 KCSWMP), the County, and/or the State(including an HPA permit), whichever is stronger. The monitoring plan is in accordance with the above mentioned standards. 25. Such plan shall include background stream turbidity determination as well as discharge monitoring during construction, and thereafter, the party legally responsible for monitoring, the protocols used, record keeping and monitoring data transmission. All such data shall be public. The monitoring information has been provided to the City and is available to the public. 26. The entire property is designated an Aquifer Protection Zone. This Zone will be recorded against the property. The Aquifer Protection Zone will be noted on the final plat. 27. Hauling days shall be limited to Monday through Friday, unless approved in advance by the Development Services Division prior to construction permit issuance. Hauling has been completed during the week. 28. Prior to final plat recordation, applicant shall submit to the City Development Services Division for review and approval by the City Attorney either a draft Homeowner's Association agreement or maintenance agreement for the maintenance of all common improvements, including private stormwater facilities, utility, and other easements, and other common areas, including Tracts A, B, C, D, and E. The approved agreement shall be recorded. The proposal as conditioned complies with the zoning requirements. A draft of the Homeowner's Association documents will be submitted with the final plat for review by the City Attorney. uJAo2-Od CITY OF RENTON DEVELOPMENT SERVICES DIVISION LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) I PROJECT INFORMATION I NAME: Ca CNI (2 PP-ISES PROJECT OR DEVELOPMENT NAME: C A DAt.1 COtAPM1444 ) SA KIT" CLA►.2E. ADDRESS: 11411 - 124 ' AVE NE STE•Sol PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 046E12.1::CE 1 6 ^1E CITY: }.1 QV_lj tJ X vJ A ZIP: a1eo33 y , t1 E 33rOt STTZECCS TELEPHONE NUMBER: C425)$125q _ 8-1-70 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 334510- n031 APPLICANT (if other than owner) 3 3421b - ` 5$ EXISTING LAND USE(S): V�1s�JT NAME: SAry A s PacpCe -t-t flt 7iJCle. PROPOSED LAND USE(S): p 1 COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: DEVELOPMENT PLANNING eCSIUENT\Aft t✓ 12,s,keA(- CM/oP RENTON PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: Ak&: 0 1 20.22 (if applicable): u;- 12...511 E-N%1AAL- 12u.xLAL. TELEPHONE NUMBER RECEIVED EXISTING ZONING: R. s zc PROPOSED ZONING (if applicable): CONTACT PERSON SITE AREA (in square feet):'1 l ► , 334. $ NAME: SIStQ SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): 2q) 652 S•�. COMPANY(if applicable): E, ptJ Cot3SW-mil t✓1JC�tr.%ee,es ADDRESS: A030 l_aC �� -vp•�S�'Z� PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE(if applicable): ¢.6$ j)1/4.,L/Act2.E NUMBER OF PROPOSED LOTS(if applicable): l$ CITY: VV24.L.101('Wb., LoWa. ZIP: geo33 NUMBER OF NEW DWELLING UNITS(if applicable): TELEPHONE NUMBERAND E-MAIL ADDRESS: C4z6)1321,5814, JSTE/6e RcC,vIL• corn maSterap.doc Revised January 2002 ET E R S O N DEVELOPMENT NTONING FCC ONSULTING ENGINEERS AUG 012002 RECEIVED CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OF PRELIMINARY PLAT APPROVAL SAINT CLAIRE - LUA-01-055 1. During construction, the haul road is required to be rock-lined to prevent tracking of soil off- site on vehicle wheels. A rock lined haul road has been provided. 2. There would be a 10 foot-wide no clearing or grading area just north of these rear property lines. This area would provide a type of vegetative buffer upslope of the 40+percent slopes. The 10-foot non-disturb buffer has been maintained during construction. 3. The applicant shall submit to the City for review and written approval,prior to clearing and grading, a plan for the protection and maintenance of the 10 foot wide vegetative buffer during construction and thereafter, including proposed recordation language. A plan was submitted to the City and the work is being accomplished in accordance with that plan. 4. The vegetative buffer shall either be an easement or provide comparable legal protection. The buffer shall be recorded against the property. The buffer appears as an easement on the Final Plat. S. Before any clearing or grading is approved, a fence shall be placed on-site to demarcate where no clearing or grading is authorized(which includes the 10 foot vegetative buffer). The City will inspect the fence to assure adequacy and accuracy of placement, and provide written approval. Orange safety fence was provided along the clearing limits. 6. Permanent markers shall be placed on site showing where the buffer begins. Permanent markers will be placed on site depicting the edge of the buffer prior to final plat recording. 4030 LAhi_ Wmiiir ION 131vu. NE, SUITE 200 • KIRK ANt), W,\SIIINC,TON 98033 • (425) 827-5874 (425) 822-7216 FAx Confirmation of Compliance N,.. _onditions Saint Claire, LUA-01-055 Page 2 7. There would be a traffic impact mitigation fee of$75 for each new average weekday trip attributable to the project. The impact fee will be paid prior to final plat recording. 8. There would be a fire impact mitigation fee of$488 for each new lot. The impact fee will be paid prior to final plat recording. 9. "Will serve" letters for sanitary sewer and water service will be required from Coal Creek Water and Sewer District. Approved sewer and water plans have been provide by the Coal Creek Water and Sewer District. 10. There would be a park mitigation fee of$530.76 per each new residential lot. The impact fee will be paid prior to final plat recording. 11. Prior to clearing or grading, applicant shall submit to the City for review and approval, a Plan prepared by Washington State Licensed professional for trees to be retained/planted to block the views of the proposed houses (within a reasonable time)from the Greenway. The plan with maps shall include details for implementation, maintenance, notice to prospective purchasers, (possible recordation), replacement as necessary, and retention (including on- site markers). The plan is to be coordinated with the vegetative buffer and may lead to the buffer's increase in width. The proposed save trees were marked in the field and remain standing. These trees provide the necessary buffer. 12. The Erosion Plan,for both construction and habitation phases, would have to demonstrate compliance with the 1998 King County Surface Design Manual (KCSWDM)standards with a Level 2 analysis of potential downstream impacts. The TESC Plan that is in force in the field is in compliance with the 1998 KCSWDM standards and requirements. 13. Certification of the installation, maintenance and proper removal of the erosion control facilities would be required prior to plat recordation. The necessary certification will be provided prior to final plat recording. 14. A silt fence shall be required along the downslope perimeter of the area that is to be disturbed. The required silt fence was installed along the perimeter of the disturbed area. Confirmation of Compliance v. _3nditions Saint Claire, LUA-01-055 Page 3 15. Shallow drainage swales with vegetation within, and possibly lining rock depending on the grade are to be built. Shallow drainage swales were constructed as necessary. 16. The silt fence and drainage swale shall be upslope of the vegetative buffer including any increase due to the tree screening. The silt fence and drainage swales were installed as requested. 17. Applicant shall mark on an approved map and on the trees themselves, those to be cleared (removed), and submit this to the City for review and approval,prior to any clearing and grading. The requested tree retention plan was provided to the City prior to clearing. 18. After rough grading, bare areas that would not to be immediately covered by impervious surface would be mulched, i.e. covered with vegetative material. Bare areas on the site have been covered as necessary. 19. The on-site contractor would daily review the condition and maintenance of all erosion and sedimentation control measures during off and on-site improvements and building construction. The contractor has made daily checks of the TESC facilities. 20. The project engineer shall make weekly reports to the City public works inspector on the status/condition of the erosion control plan, with any recommendations for change or revision to maintenance schedules or installation. The public works inspector has been updated weekly on the TESC status and appropriate changes have been made. 21. A Native Growth Protection Area would be established over all the area to be maintained in RC zoning. The NGPA would be recorded. This area would include all slopes equal to or greater than 40 percent. The Code requires that the NGPA be marked on the ground. There would be no development in this area, which would remain in its forested state. Private parties, likely the Homeowners'Association, would be responsible for the NGPA's continuing integrity. This legal responsibility would be part of recordation. All areas with slopes greater than 40% are shown on the Final Plat as NGPA's, and no development will be allowed with in these areas. Confirmation of Compliance .;onditions Saint Claire, LUA-01-055 Page 4 22. The applicant shall submit to the City for review and approval the design details for those roofs and their runoff where flow would not be directed to the stormwater treatment system. Such design shall show that the runoff quality, quantity and rate of discharge, as well as the location and manner of discharge, is environmentally safe for drainage to the Native Growth Protection Area. All roof drains have been directed to the storm water treatment vault. No runoff is discharging into the NGPA as directed by the geotechnical engineer. 23. No later then application for clearing and grading, applicant shall submit a Stormwater Discharge Monitoring Plan. A stormwater discharge monitoring plan was submitted prior to construction. 24. Such plan shall be consistent with provision required by the City (by adoption of the 1998 KCSWMP), the County, and/or the State(including an HPA permit), whichever is stronger. The monitoring plan is in accordance with the above mentioned standards. 25. Such plan shall include background stream turbidity determination as well as discharge monitoring during construction, and thereafter, the party legally responsible for monitoring, the protocols used, record keeping and monitoring data transmission. All such data shall be public. The monitoring information has been provided to the City and is available to the public. 26. The entire property is designated an Aquifer Protection Zone. This Zone will be recorded against the property. The Aquifer Protection Zone will be noted on the final plat. 27. Hauling days shall be limited to Monday through Friday, unless approved in advance by the Development Services Division prior to construction permit issuance. Hauling has been completed during the week. 28. Prior to final plat recordation, applicant shall submit to the City Development Services Division for review and approval by the City Attorney either a draft Homeowner's Association agreement or maintenance agreement for the maintenance of all common improvements, including private stormwater facilities, utility, and other easements, and other common areas, including Tracts A, B, C, D, and E. The approved agreement shall be recorded. The proposal as conditioned complies with the zoning requirements. A draft of the Homeowner's Association documents will be submitted with the final plat for review by the City Attorney. • • TRANSNATION •• A.,Al. DAM RJCA July 19, 2002 Issaquah Escrow Attn: Nicole DEVaOPME 160 NW Gilman Blvd. Ste. 10 Issaquah, WA 98027 CITyOFREO�NING AUG Re: Order No.: 200-10047058 0 200, Your Reference No.: J2002360 R,ECEIVEri Title Officer: Randy Rieman Buyer/Borrower(s): John Day Homes Inc Seller(s): CQ Enterprises Inc., an Alaska corporation Subject Property: , Renton, WA , King County , Renton, WA , King County Order Summary Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: Randy L. Rieman (425) 646-8580 rrieman@landam.com Robert L. Iverson (425) 646-8581 biverson@landam.com Shelley McDannel (425) 646-0540 smcdannel@landam.com 1-800-441-7701 Fax: (425) 646-0545 Additional copies have been sent to: KeyBank, Becky Green Transnation Title Insurance Company 14450 NE 29th Place,Suite 200,Bellevue,WA 98007 Phone: 800-441-7701 Fax: 425-646-0545 Cover Page WA.09.01.00 Order No.: 10047058 Issued by Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE TRANSNATION ....... ...,. 1 N S �t M 6^..Rs. . 4;'. F.M a <i.1: nl t.t.:. Transnation Title Insurance Company, corporation, herein called the Company,for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein,the Exclusions from Coverage,the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment Is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company INS(/*'y�f a/e ocaltP0144, G ?Lir- • -v-- Attest: 4viak-f By: �1 Secretary SDI,Ir,i++1 t. President COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage,when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability Is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses which arise by reason thereof. Commitment Cover- WA (Revised 3/93) Page 1 of 3 NF.14.01.01; SC No.: 11727 Cl r • Order No.: 10047058 SCHEDULE OF EXCLUSIONS FROM COVERAGE AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations)restricting, regulating, prohibiting or relating to(i)the occupancy,use or enjoyment of the land; (II)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to aswsments for street improvements under construction or completed at Date of Policy);or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. - 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which anses out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which apse by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating, prohibiting or relating to(i)the occupancy,use or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover- WA (Revised 3/93) Page 2 of 3 Order No.: 10047058 SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which apse by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations)restricting,regulating, prohibiting or relating to(i)the occupancy,use or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred pnor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;(c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. S. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 7. Any claim, which apses out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'nghts laws. SCHEDULE B STANDARD EXCEPTIONS SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession,or claiming to be in possession,thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey of the land would disclose,and which are not shown by the public records. 5. Any lien,or right to a lien,for labor, material,services or equipment, or for contributions to employee benefit plans, or liens under Workmans'Compensation Acts, not disclosed by the public records. 6. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)Indian treaty or aboriginal rights,including,but not limited to,easements or equitable servitudes;or,(d)water rights,claims or title to water,whether or not the matters excepted under(a),(b),(c)or(d)are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or npanan owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity,or garbage collection or disposal,or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY - EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Underground easements,servitudes or installations which are not disclosed by the public records. 3. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)Indian treaty or aboriginal rights,including,but not limited to,easements or equitable servitudes;or,(d)water rights,claims or title to water,whether or not the matters excepted under(a),(b),(c)or(d)are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity,or garbage collection or disposal,or other utilities unless disclosed as an existing lien by the public records. Commitment Cover - WA (Revised 3/93) Page 3 of 3 Order No.: 10047058 TRANSNATIGIN • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 11, 2002 at 8:30 AM Commitment No.: 200-10047058 2. Policy or Policies to be issued: Owner's Standard - Subdivider Rate Proposed Insured: John Day Homes Inc, a Washington corporation Amount: $2,704,500.00 Premium: $1,994.00 Tax: $ 175.47 Total: $2,169.47 ALTA Extended Loan - Builder Rate Proposed Insured: Key Bank Amount: TO BE DETERMINED Premium: TO BE DETERMINED 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CQ Enterprises Inc., an Alaska corporation 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto. By Authorized Signature Commitment for Title Insurance Page 1 of 6 NF.14.02.07; SC No.: 11727 Order No.: 10047058 EXHIBIT A PARCEL A: THE NORTH 300 FEET OF TRACT 364 OF C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 6, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 84, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH THAT PORTION OF VACATED N.E. 33RD STREET (BLANCHE AVENUE) AS THE SAME WAS VACATED BY CITY OF RENTON ORDINANCE NO. 4767 RECORDED UNDER KING COUNTY RECORDING NO. 9903080899; (ALSO KNOWN AS A PORTION OF PARCEL 1 OF STAFFORD CREST DIVISION 1 LOT LINE ADJUSTMENT NO. LUA-98-183-LLA, RECORDED UNDER KING COUNTY RECORDING NO. 9903089006); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: TRACT 76 OF C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Order No.: 10047058 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is 1.78%. 2. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 3345100031 Year Billed Paid Balance 2002 $1,356.94 $678.47 $678.47 Total amount due, not including interest and penalty: $687.47. Levy Code: 2100 Assessed Value Land: $118,000.00 Assessed Value Improvements: $0.00 (Covers Parcel A) 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 3342103538 Year Billed Paid Balance 2002 $1,974.56 $987.28 $987.28 Total amount due, not including interest and penalty: $987.28. Levy Code: 2100 Assessed Value Land: $172,000.00 Assessed Value Improvements: $0.00 (Covers Parcel B) Commitment for Title Insurance Page 3 of 6 Order No,; 10047058 SCHEDULE B (continued) 4. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIGHT TO MAKE NECESSARY SLOPES FOR CUTS AND FILLS AREA AFFECTED: A DETAILED DESCRIPTION OF SAID EASEMENT IS CONTAINED WITHIN THE INSTRUMENT RECORDING NO. 9906101390 6. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 17, 2000 RECORDING NO.: 20000517900001 DISCLOSES: ENCROACHMENT BY LANDSCAPING FROM ADJOINING PROPERTY (Covers Parcel B) 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CQ ENTERPRISES, INC., AN ALASKA CORPORATION TRUSTEE: TRANSNATION TITLE INSURANCE COMPANY BENEFICIARY: FRONTIER BANK ADDRESS: REAL ESTATE COMMERCIAL MORTGAGE DIVISION, 332 SW EVERETT MALL WAY, EVERETT, WA 98204 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $1,940,000.00 DATED: JUNE 7, 2002 RECORDED: JUNE 11, 2002 RECORDING NO.: 20020611002567 Commitment for Title Insurance Page 4 of 6 Order No.: 10047058 SCHEDULE B (continued) 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CQ ENTERPRISES, INC., AN ALASKA CORPORATION TRUSTEE: TRANSNATION TITLE INSURANCE COMPANY, A WASHINGTON CORPORATION BENEFICIARY: JOHN DAY HOMES, INC., A WASHINGTON CORPORATION ADDRESS: 13130 475TH AVENUE SE, NORTH BEND, WA 98045 LOAN NO.: NOT DISCLOSED ORIGINAL AMOUNT: $180,000.00 DATED: JUNE 7, 2002 RECORDED: JUNE 11, 2002 RECORDING NO.: 20020611002568 9. Matters relating to the questions of survey, rights of parties in possession, and unrecorded lien rights for labor and material, if any, the disposition of which will be furnished by supplemental report. Note 1: The Company has been asked to issue a lender's policy without disclosure of the liability amount. This commitment shall be effective only when the amount of the policy committed for has been inserted in Schedule A hereof. The Company may have further requirements if the undisclosed amount to be insured exceeds the current assessed valuation. Note 2: According to the application for title insurance, the proposed insured is John Day Homes Inc, a Washington corporation. We find no pertinent matters of record against the name(s) of said party(ies). Note 3: The current property address is not available at this time. Note 4: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. 1-18 of St. Claire (to be renamed Brook Ridge); Commitment for Title Insurance Page 5 of 6 Order No.: 10047058 SCHEDULE B (continued) Note 5: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: Transnation Title Insurance Company 1200 Sixth Avenue, Suite 100 Seattle, WA 98101 ATTN: Recording Dept. (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested, the forms of policy to be issued in connection with this Commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. CC/rr enc. Sketch Vesting Deed Paragraphs All recorded encumbrances Commitment for Title Insurance Page 6 of 6 THIS SKETCH IS PROVIDED,WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO,AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY,THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 32 TOWNSHIP: 24N RANGE: 05E ' 1 ' \\\\i n�"�1].,. i'...' eNE 347H_P� ¢ I;0E"Saa' i x.R :ei>.p '� ' ,1Zq,°am ° i 4, w. ••.\ +. :-tr7a L3 0.9, • i 1'C {{t.Yy 4 7 •,g y'4 �71• H O 901 ' Off. ' •O ,a•.,p a'+`b ,o'f•'� ,p . oa v i{ W 11 2' a $ '!�• •� a'p• • ]„J..,, C DO 1 h, 'dEai 9 {ao d ,a.nv 1, .1 1 An•- ; Ssn.Q 1 ,. 111 ,2� I' „), eua �'a �� 2.a.•C 8"u C 1"" <I. t1710 R tUoor J wo Y 901 - a' ° .rtA,. a. a ��r �__/ a•a rW 9 e.� Si al» e]la �pat e 0. JJ ~'G.atom : 1.. ..C.C. 1e59e3 34 fI f: O SO.,}• eo.,a .0 43jli,,,. 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O 1H000 If slim CC CC oon I.al at a an . 430.2 �� q(� IEI11NTn •VE.1 dp� �w ^ loo 200 1]..11 \ FAXSR: At 07/24/02 05:23:34 PM Eastern Time Pace 1 • Transnation Title Insurance Company INN!, 14450 NE 29th Place,Suite 200,Bellevue,WA 98007 I110111 TRAIN S NATI ON Phone:800-441-7701 Fax:425-646-0545 r • Issaquah Escrow Attn: Nicole 160 NW Gilman Blvd. Ste. 10 Issaquah, WA 98027 Re: Order No.: 200-10047058 Your Reference No.: 32002360 Buyer/Borrower(s): John Day Homes Inc Seller(s): CQ Enterprises Inc., an Alaska corporation Subject Property: , Renton, WA , King County , Renton, WA , King County SUPPLEMENTAL NO. 1 TITLE COMMITMENT NO. 10047058 The fott wing matters affect the title to the property covered by our preliminary commitment, but is not intended to represent a complete report to date: Special Exception No. 5 is hereby eliminated. • RLR/rr EXCEPT as to the matters reported herein above, the title to the property covered by this order has NOT been re-examined. Dated: July 24, 2002 • 40.°224400104,Pek By Authorized Signature Page 1 of 1 Supplemental - Not Full Date Down WA.11.09.00 User Name:Tim Date: 07-30-02 Project: 02097 Time: 17:14:32 Create Mapcheck Reports Page: 1 Lot Name: SE1/4, SE1/4, 32-24-05 Lot Area (Square Feet): 1738124.2887 Lot Area(Acres): 39.9018 Closing Direction: S26°50'26"W Closing Distance: 0.0036 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9663.2513 10322.4035 S89°03'19"E 1316.65 9641.5427 11638.8745 S01°08'23"W 1314.61 8327.1928 11612.7262 N89°15'16"W 1323.10 8344.4090 10289.7382 N01°25'08"E 1057.39 9401.4748 10315.9210 N01°25'08"E 83.55 9484.9991 10317.9898 N01°25'08"E 178.31 End 9663.2545 10322.4051 Error of Closure 1 : 1482558 Departure in Y(Northing): -0.0032 Departure in X(Easting): -0.0016 User Name:Tim Date: 07-10-02 Project 02097 ime: 15:50:38 Create Mapcheck Reports Page: 1 Lot Name: CL NE 32ND ST EAST Lot Area(Square Feet): 25231.7401 Lot Area(Acres): 0.5792 Closing Direction: S39°26'12"E Closing Distance: 0.0048 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9997.8410 10125.0061 S00°59'22"W 136.00 9861.8613 10122.6576 S89°00'38"E 99.19 PC 9860.1484 10221.8328 RP 10139.1068 10226.6507 Curve Direction: CCW Radial In: N00°59'22"E D.O.0 Arc: 20°32'10" D.O.0 Chord: 20°38'52" Radius: 279.00 Delta angle: 13°24'20" Tangent length: 32.79 Arc length: 65.28 Chord Direction: N84°17'12"E Chord length: 65.13 External: 1.92 Middle ordinate: 1.91 Radial Out: S12°24'58"E Point Northing Easting Direction Distance PT 9866.6321 10286.6384 N77°35'02"E 14.51 PC 9869.7519 10300.8091 RP 9918.5825 10290.0586 Curve Direction: CCW Radial In: N12°24'58"W D.O.0 Arc: 114°35'30" D.O.0 Chord: 180°00'00" Radius: 50.00 Delta angle: 71°20'14" Tangent length: 35.89 Arc length: 62.25 Chord Direction: N41°54'55"E Chord length: 58.31 External: 11.55 Middle ordinate: 9.38 Radial Out: S83°45'12"E Point Northing Easting Direction Distance PT 9913.1421 10339.7617 N54°5625"W 55.00 9944.7357 10294.7413 N00°59'22"E 50.17 9994.8982 10295.6076 N89°00'38"W 170.63 End 9997.8447 10125.0030 User Name: Tim Date: 07-22-02 Project: 02097 rime: 15:31:01 Create Mapcheck Reports Page: 1 Lot Name: SITE Lot Area (Square Feet): 448859.2284 Lot Area (Acres): 10.3044 Closing Direction: N88°07'06"W Closing Distance: 0.0021 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10003.7998 9779.9832 S89°00'38"E 220.05 9999.9999 10000.0004 S89°00'38"E 330.65 9994.2902 10330.6011 N01°25'08"E 58.11 10052.3824 10332.0400 S88°51'13"E 400.00 10044.3796 10731.9599 S01°25'08"W 300.00 9744.4716 10724.5314 N88°51'13"W 400.00 9752.4744 10324.6115 S01°25'08"W 351.11 9401.4720 10315.9174 N88°59'57"W 558.56 9411.2284 9757.4426 NO2°10'43"E 593.00 End 10003.7997 9779.9853 Error of Closure 1 : 1497724 Departure in Y(Northing): 0.0001 Departure in X (Easting): -0.0021 User Name: Tim Date: 07-10-02 Project: 02097 Time: 15:51:01 Create Mapcheck Reports Page: 2 Error of Closure 1 : 125883 Departure in Y(Northing): -0.0029 Departure in X (Easting): 0.0032 Lot Name: LOT 1 Lot Area(Square Feet): 12895.3676 Lot Area (Acres): 0.2960 Closing Direction: S47°45'59"E Closing Distance: 0.0043 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9998.2036 10104.0092 S00°59'22"W 107.93 PC 9890.2897 10102.1454 RP 9890.5487 10087.1477 Curve Direction: CW Radial In: N89°00'38"W D.O.0 Arc: 381°58'19" D.O.0 Chord: N/A Radius: 15.00 Delta angle: 112°11'10" Tangent length: 22.32 Arc length: 29.37 Chord Direction: S57°04'57"W Chord length: 24.90 External: 11.89 Middle ordinate: 6.63 Radial Out: S23°10'32"W Point Northing Easting Direction Distance PCC 9876.7592 10081.2444 RP 9990.7528 10130.0446 Curve Direction: CW Radial In: N23°10'32"E D.O.0 Arc: 46°12'23" D.O.0 Chord: 47°33'36" Radius: 124.00 Delta angle: 18°08'36" Tangent length: 19.80 Arc length: 39.27 Chord Direction: N57°45'10"W Chord length: 39.10 External: 1.57 Middle ordinate: 1.55 Radial Out: S41°19'08"W Point Northing Easting Direction Distance PT 9897.6230 10048.1737 N48°40'52"W 50.64 User Name: Tim Date: 07-10-02 Project: 02097 rime: 15:51:01 Create Mapcheck Reports Page: 3 9931.0580 10010.1407 N53°45'54"W 42.87 9956.3984 9975.5618 N53°45'54"W 76.28 10001.4874 9914.0344 S89°00'38"E 85.97 10000.0029 9999.9916 S89°00'38"E 104.03 End 9998.2065 10104.0060 Error of Closure 1 : 125883 Departure in Y(Northing): -0.0029 Departure in X(Easting): 0.0032 Lot Name: LOT 2 Lot Area(Square Feet): 8706.6799 Lot Area (Acres): 0.1999 Closing Direction: N 15°37'46"W Closing Distance: 0.0039 Course Data:(Mapcheck Throug ''adius Points Method) Point Northing ..E. ting Direction Distance Begin 9935.4219 9960.1991 N36°14'06"E 26.00 9956.3935 99751'5677 N53°45'54"W 76.28 10001.482 9914.0403 S28°58'58"W 10.08 9992.6. • ; 9909.1560\S28°58'58"W 10.08 998 .472 9904.2718 S28°58'58"W 108.59 9;;;.8564 9851.6549 S53°42'54"E 60.03 '•853.3305 9900.0440 N31,4'06"E 101.77 End 9935.4182 9960.2001 Erro of Closure 1 : 101370 Departure in Y(Northing): 0.0037 Departure in X(Easting): -0.0010 User Name: Tim Date: 10-23-02 Project: 02097 Time: 09:35:42 Create Mapcheck Reports Page: 1 Lot Name: LOT 2 REV. 10-23-02 Lot Area (Square Feet): 8482.7788 Lot Area (Acres): 0.1947 Closing Direction: N44°56'36"W Closing Distance: 0.0031 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9854.6330 9898.2671 N36°14'06"E 101.77 9936.7206 9958.4232 S53°45'54"E 2.20 9935.4202 9960.1977 N36°14'06"E 26.00 9956.3918 9975.5663 N53°45'54"W 76.28 10001.4808 9914.0389 528°58'58"W 128.75 9888.8547 9851.6535 S53°42'54"E 57.83 End 9854.6308 9898.2693 Error of Closure 1 : 127319 Departure in Y(Northing): 0.0022 Departure in X (Easting): -0.0022 User Name: Tim Date: 10-23-02 Project: 02097 Time: 09:35:56 Create Mapcheck Reports Page: 1 Lot Name: LOT 3 REV. 10-23-02 Lot Area (Square Feet): 7200.9792 Lot Area (Acres): 0.1653 Closing Direction: S30°27'43"E Closing Distance: 0.0021 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9935.4219 9960.1991 S53°45'54"E 41.71 9910.7672 9993.8424 S48°40'52"E 31.02 9890.2862 10017.1398 S40°22'52"W 98.67 9815.1242 9953.2146 N54°29'44"W 49.01 9843.5875 9913.3170 N53°42'54"W 18.67 9854.6365 9898.2674 N36°14'06"E 101.77 9936.7241 9958.4235 S53°45'54"E 2.20 End 9935.4237 9960.1981 Error of Closure 1 : 166089 Departure in Y(Northing): -0.0018 Departure in X(Easting): 0.0010 User Name: Tim Date: 07-10-02 Project 02097 -ime: 15:51:19 Create Mapcheck Reports Page: 1 Lot Name: LOT 4 Lot Area (Square Feet): 7829.2115 Lot Area(Acres): 0.1797 Closing Direction: N15°20'49"E Closing Distance: 0.0079 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9847.0915 10059.6579 S40°39'54"W 155.30 9729.2914 9958.4590 NO3°30'03"W 85.99 9815.1209 9953.2081 N40°22'52"E 98.67 9890.2830 10017.1334 S48040'52"E 18.47 PC 9878.0882 10031.0052 RP 9990.7452 10130.0426 Curve Direction: CCW Radial In: N41°19'08"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 14°58'10" Tangent length: 19.71 Arc length: 39.19 Chord Direction: S56°09'57"E Chord length: 39.08 External: 1.29 Middle ordinate: 1.28 Radial Out: S26°20'58"W Point Northing Easting Direction Distance PT 9856.3296 10063.4659 S22°23'46"W 10.00 End 9847.0839 10059.6558 Error of Closure 1 : 51630 Departure in Y(Northing): 0.0076 Departure in X(Easting): 0.0021 User Name: Tim Date: 10-05-02 Project: 02097 Time: 15:35:16 Create Mapcheck Reports Page: 1 Lot Name: LOT 5 REV. 10-4-02 Lot Area(Square Feet): 11520.6989 Lot Area (Acres): 0.2645 Closing Direction: N85°17'14"E Closing Distance: 0.0068 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9688.9973 10048.6344 N17°03'01"E 162.74 PC 9844.5845 10096.3515 RP 9990.7516 10130.0439 Curve Direction: CW Radial In: N 12°58'49"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 12°35'30" Tangent length: 16.55 Arc length: 32.96 Chord Direction: N70°43'26"W Chord length: 32.90 External: 0.91 Middle ordinate: 0.90 Radial Out: S25°34'19"W Point Northing Easting Direction Distance PCC 9855.4450 10065.2973 RP 9990.7516 10130.0439 Curve Direction: CW Radial In: N25°34'19"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 00°46'39" Tangent length: 1.02 Arc length: 2.04 Chord Direction: N64°02'22"W Chord length: 2.04 External: 0.00 Middle ordinate: 0.00 Radial Out: S26°20'58"W Point Northing Easting Direction Distance PT 9856.3361 10063.4672 S22°23'46"W 10.00 9847.0904 10059.6571 S40°39'54"W 155.30 9729.2903 9958.4581 S01°38'52"E 12.00 9717.2952 9958.8032 S01°38'52"E 12.85 9704.4505 9959.1727 S80°11'55"E 90.78 End 9688.9967 10048.6277 User Name:Tim Date: 10-05-02 Project: 02097 Time: 15:35:37 Create Mapcheck Reports Page: 1 Lot Name: LOT 6 REV. 10-4-02 Lot Area (Square Feet): 9493.7637 Lot Area (Acres): 0.2179 Closing Direction: N40°25'37"W Closing Distance: 0.0015 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9684.5387 10074.4434 N80°11'55"W 26.19 9688.9971 10048.6357 N 17°03'01"E 162.74 PC 9844.5843 10096.3528 RP 9990.7515 10130.0451 Curve Direction: CCW Radial In: N12°58'49"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 01°56'50" Tangent length: 2.55 Arc length: 5.10 Chord Direction: S77°59'36"E Chord length: 5.10 External: 0.02 Middle ordinate: 0.02 Radial Out: S11°01'59"W Point Northing Easting Direction Distance PCC 9843.5239 10101.3388 RP 9990.7515 10130.0451 Curve Direction: CCW Radial In: N11°01'59"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 10°02'37" Tangent length: 13.18 Arc length: 26.29 Chord Direction: S83°59'20"E Chord length: 26.26 External: 0.58 Middle ordinate: 0.58 Radial Out: S00°59'22"W Point Northing Easting Direction Distance PT 9840.7738 10127.4549 S89°00'38"E 7.26 9840.6485 10134.7138 S00°59'22"W 149.26 9691.4107 10132.1364 S8312'22"W 58.10 End 9684.5376 10074.4443 Error of Closure 1 : 298015 User Name: Tim Date: 10-05-02 r_ Project: 02097 Time: 15:35:54 Create Mapcheck Reports Page: 1 Lot Name: LOT 7 REV. 10-4-02 Lot Area (Square Feet): 8858.8275 Lot Area (Acres): 0.2034 Closing Direction: N30°35'25"W Closing Distance: 0.0042 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9698.7016 10193.3265 N00°59'22"E 140.91 9839.5906 10195.7598 N89°00'38"W 61.06 9840.6450 10134.7089 S00°5922"W 149.26 9691.4072 10132.1314 N83°12'22"E 61.63 End 9698.6980 10193.3287 Error of Closure 1 : 97397 Departure in Y(Northing): 0.0036 Departure in X (Easting): -0.0022 User Name: Tim Date: 07-10-02 Project: 02097 rime: 15:51:55 Create Mapcheck Reports Page: 1 Lot Name: LOT 8 Lot Area (Square Feet): 7773.8927 Lot Area(Acres): 0.1785 Closing Direction: N47°5947"W Closing Distance: 0.0055 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9840.2240 10252.5127 S02°37'16"E 122.85 9717.5025 10258.1308 S89°41'08"W 24.25 9717.3694 10233.8811 S65°16'54"W 44.64 9698.7029 10193.3313 N00°59'22"E 140.91 9839.5919 10195.7646 S89°00'38"E 25.71 PC 9839.1479 10221.4707 RP 10139.1032 10226.6512 Curve Direction: CCW Radial In: N00°59'22"E D.O.0 Arc: 19°05'55" D.O.0 Chord: 19°11'17" Radius: 300.00 Delta angle: 05°56'08" Tangent length: 15.55 Arc length: 31.08 Chord Direction: N88°01'18"E Chord length: 31.06 External: 0.40 Middle ordinate: 0.40 Radial Out: SO4°56'46"E Point Northing Easting Direction Distance End 9840.2203 10252.5168 Error of Closure 1 : 70475 Departure in Y(Northing): 0.0037 Departure in X(Easting): -0.0041 User Name: Tim Date: 07-10-02 Project: 02097 lime: 15:52:05 Create Mapcheck Reports Page: 1 Lot Name: LOT 9 Lot Area (Square Feet): 7778.3202 Lot Area (Acres): 0.1786 Closing Direction: N87°48'08"E Closing Distance: 0.0048 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9848.6242 10302.5098 S12°56'48"E 98.66 9752.4722 10324.6140 S01°25'08"W 34.62 9717.8628 10323.7567 S89°41'08"W 65.63 9717.5027 10258.1277 NO2°37'16"W 122.85 PC 9840.2241 10252.5097 RP 10139.1070 10226.6440 Curve Direction: CCW Radial In: N04°56'46"W D.O.0 Arc: 19°05'55" D.O.0 Chord: 19°11'17" Radius: 300.00 Delta angle: 07°28'12" Tangent length: 19.58 Arc length: 39.11 Chord Direction: N81°19'08"E Chord length: 39.09 External: 0.64 Middle ordinate: 0.64 Radial Out: S12°24'58"E Point Northing Easting Direction Distance PT 9846.1235 10291.1470 N77°35'02"E 11.63 End 9848.6240 10302.5050 Error of Closure 1 : 77731 Departure in Y(Northing): 0.0002 Departure in X(Easting): 0.0048 Project: 02097 Time: 15:34:08 Create Mapcheck Reports Page: 1 Lot Name: LOT 10 REV. 10-4-02 Lot Area (Square Feet): 7216.6522 Lot Area (Acres): 0.1657 Closing Direction: S78°33'30"E Closing Distance: 0.0109 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9861.5551 10358.8333 S24°21'03"E 104.24 9766.5885 10401.8138 S47°35'33"W 4.67 9763.4391 10398.3657 S47°35'33"W 3.14 9761.3215 10396.0472 S67°04'00"W 25.18 9751.5098 10372.8574 N88°51'13"W 48.26 9752.4754 10324.6071 N 12°56'48"W 98.66 9848.6273 10302.5029 N77°35'02"E 50.25 PC 9859.4316 10351.5777 RP 9913.1452 10339.7521 Curve Direction: CCW Radial In: N 12°24'58"W D.O.0 Arc: 104°10'27" D.O.0 Chord: 130°45'36" Radius: 55.00 Delta angle: 07°52'18" Tangent length: 3.78 Arc length: 7.56 Chord Direction: N73°38'53"E Chord length: 7.55 External: 0.13 Middle ordinate: 0.13 Radial Out: S20°1716"E Point Northing Easting Direction Distance End 9861.5573 10358.8226 Error of Closure 1 : 31249 Departure in Y(Northing): -0.0022 Departure in X(Easting): 0.0107 User Name: Tim Date: 10-05-02 Project: 02097 Time: 15:34:24 Create Mapcheck Reports Page: 1 Lot Name: LOT 11 REV. 10-4-02 Lot Area (Square Feet): 7934.7653 Lot Area (Acres): 0.1822 Closing Direction: N51°17'20"W Closing Distance: 0.0039 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance PC 9861.5551 10358.8333 RP 9913.1431 10339.7628 Curve Direction: CCW Radial In: N20°17'16"W D.O.0 Arc: 104°10'27" D.O.0 Chord: 130°45'36" Radius: 55.00 Delta angle: 67°50'06" Tangent length: 36.98 Arc length: 65.12 Chord Direction: N35°47'41"E Chord length: 61.38 External: 11.28 Middle ordinate: 9.36 Radial Out: S88°07'22"E Point Northing Easting Direction Distance PT 9911.3414 10394.7333 S46°00'13"E 111.88 9833.6281 10475.2180 547°35'33"W 99.41 9766.5861 10401.8169 N24°21'03"W 104.24 End 9861.5526 10358.8364 Error of Closure 1 : 97013 Departure in Y(Northing): 0.0025 Departure in X(Easting): -0.0031 User Name: Tim Date: 10-05-02 Project: 02097 Time: 15:34:33 t� Create Mapcheck Reports Page: 1 Lot Name: LOT 12 REV. 10-4-02 Lot Area(Square Feet): 8118.6860 Lot Area(Acres): 0.1864 Closing Direction: S53°13'39"W Closing Distance: 0.0068 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9911.3414 10394.7333 S46°00'13"E 111.88 9833.6281 10475.2179 N77°13'22"E 2.87 9834.2628 10478.0169 N77°13'22"E 11.41 9836.7863 10489.1443 S80°03'23"E 42.80 9829.3956 10531.3014 N21°55'56"E 37.15 9863.8569 10545.1773 N50°34'34"W 117.34 PC 9938.3740 10454.5358 RP 10070.3510 10358.8745 Curve Direction: CW Radial In: N35°56'09"W D.O.0 Arc: 35°09'03" D.O.0 Chord: 35°43'36" Radius: 163.00 Delta angle: 23°13'31" Tangent length: 33.50 Arc length: 66.07 Chord Direction: S65°40'36"W Chord length: 65.62 External: 3.41 Middle ordinate: 3.34 Radial Out: S12°42'38"E Point Northing Easting Direction Distance End 9911.3455 10394.7387 Error of Closure 1 : 57295 Departure in Y(Northing): -0.0041 Departure in X (Easting): -0.0054 User Name: Tim Date: 10-05-02 7E- Project: 02097 Eime: 15:34:43 Create Mapcheck Reports Page: 1 Lot Name: LOT 13 REV. 10-4-02 Lot Area (Square Feet): 8743.2264 Lot Area (Acres): 0.2007 Closing Direction: N46°59'46"W Closing Distance: 0.0099 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9938.3702 10454.5307 S50°34'34"E 117.34 9863.8531 10545.1722 N21°55'56"E 66.55 9925.5867 10570.0293 N04°27'21"W 5.25 9930.8208 10569.6214 N04°27'21"W 7.82 9938.6172 10569.0138 N39°25'26"E 30.37 9962.0770 10588.3004 N26°42'32"E 16.80 9977.0845 10595.8513 N88°47'30"W 100.10 9979.1954 10495.7735 S41°18'15"W 8.41 9972.8777 10490.2225 S41°18'15"W 7.48 9967.2586 10485.2852 S41°18'15"W 6.00 PC 9962.7513 10481.3249 RP 10070.3404 10358.8767 Curve Direction: CW Radial In: N48°41'45"W D.O.0 Arc: 35°09'03" D.O.0 Chord: 35°43'36" Radius: 163.00 Delta angle: 12°45'36" Tangent length: 18.23 Arc length: 36.30 Chord Direction: S47°41'03"W Chord length: 36.23 External: 1.02 Middle ordinate: 1.01 Radial Out: S35°56'09"E Point Northing Easting Direction Distance End 9938.3635 10454.5379 Error of Closure 1 : 40733 Departure in Y(Northing): 0.0067 Departure in X (Easting): -0.0072 User Name: Tim Date: 10-02-02 Project: 02097 Time: 14:21:57 Create Mapcheck Reports Page: 1 Lot Name: LOT 14 REV. 10-01-02 Lot Area (Square Feet): 9905.6105 Lot Area (Acres): 0.2274 Closing Direction: S65°10'44"W Closing Distance: 0.0103 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10049.2640 10488.0119 S88°51'13"E 22.24 10048.8190 10510.2474 S88°51'13"E 50.25 10047.8137 10560.4874 S88°51'13"E 88.28 10046.0475 10648.7497 S42°00'07"W 61.65 10000.2340 10607.4963 S26°42'32"W 25.91 9977.0886 10595.8508 N88°47'30"W 100.10 9979.1995 10495.7731 S41°18'15"W 8.41 9972.8817 10490.2220 S41°1815"W 7.48 9967.2626 10485.2848 N88°47'30"W 17.10 9967.6232 10468.1886 N88°47'30"W 9.62 9967.8261 10458.5707 N33°08'48"E 52.15 10011.4899 10487.0855 N01°25'08"E 37.79 End 10049.2683 10488.0213 Error of Closure 1 : 46633 Departure in Y(Northing): -0.0043 Departure in X (Easting): -0.0094 User Name: Tim Date: 10-02-02 Project: 02097 rime: 14:22:09 Create Mapcheck Reports Page: 1 Lot Name: LOT 15 REV. 10-01-02 Lot Area (Square Feet): 7868.1647 Lot Area(Acres): 0.1806 Closing Direction: S11°33'55"E Closing Distance: 0.0068 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10049.2640 10488.0119 N88°51'13"W 29.10 10049.8462 10458.9177 N88°51'13"W 59.69 10051.0404 10399.2397 N88°51'13"W 2.21 10051.0846 10397.0301 S01°25'08"W 113.13 PC 9937.9893 10394.2288 RP 10070.3476 10358.8694 Curve Direction: CCW Radial In: N 14°57'26"W D.O.0 Arc: 41°49'18" D.O.0 Chord: 42°48'38" Radius: 137.00 Delta angle: 26°42'45" Tangent length: 32.53 Arc length: 63.87 Chord Direction: N61°41'12"E Chord length: 63.30 External: 3.81 Middle ordinate: 3.71 Radial Out: S41°40'11"E Point Northing Easting Direction Distance PT 9968.0100 10449.9519 S88°47'30"E 8.61 9967.8284 10458.5600 N33°08'48"E 52.15 10011.4923 10487.0748 N01°25'08"E 37.79 End 10049.2707 10488.0105 Error of Closure 1 : 53737 Departure in Y(Northing): -0.0067 Departure in X (Easting): 0.0014 User Name: Tim Date: 07-10-02 Project: 02097 Time: 15:53:22 Create Mapcheck Reports Page: 1 Lot Name: LOT 16 Lot Area(Square Feet): 7267.9436 Lot Area(Acres): 0.1668 Closing Direction: N12°03'17"W Closing Distance: 0.0026 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10051.0848 10397.0301 N88°51'13"W 65.00 10052.3853 10332.0431 S01°25'08"W 58.11 9994.2931 10330.6042 N89°00'38"W 35.00 9994.8975 10295.6094 SOO°59'22"W 50.17 PC 9944.7349 10294.7431 RP 9913.1413 10339.7635 Curve Direction: CW Radial In: S54°56'25"E D.O.0 Arc: 104°10'2T' D.O.0 Chord: 130°45'36" Radius: 55.00 Delta angle: 119°28'09" Tangent length: 94.25 Arc length: 114.68 Chord Direction: S85°12'20"E Chord length: 95.01 External: 54.13 Middle ordinate: 27.28 Radial Out: N64°31'44"E Point Northing Easting Direction Distance PRC 9936.7944 10389.4177 RP 10070.3452 10358.8699 Curve Direction: CCW Radial In: N 12°53'02"W D.O.0 Arc: 41°49'18" D.O.0 Chord: 42°48'38" Radius: 137.00 Delta angle: 02°04'24" Tangent length: 2.48 Arc length: 4.96 Chord Direction: N76°04'46"E Chord length: 4.96 External: 0.02 Middle ordinate: 0.02 Radial Out: S14°57'26"E Point Northing Easting Direction Distance PT 9937.9870 10394.2293 N01°25'08"E 113.13 End 10051.0823 10397.0306 Error of Closure 1 : 171216 User Name: Tim Date: 07-10-02 Project: 02097 Time: 15:53:22 Create Mapcheck Reports Page: 2 Departure in Y(Northing): 0.0025 Departure in X(Easting): -0.0005 User Name: Tim Date: 07-10-02 Project: 02097 rime: 15:53:33 Create Mapcheck Reports Page: 1 Lot Name: LOT 17 Lot Area(Square Feet): 8480.4496 Lot Area(Acres): 0.1947 Closing Direction: N09°33'05"E Closing Distance: 0.0047 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance PC 9944.7367 10294.7423 RP 9913.1431 10339.7628 Curve Direction: CCW Radial In: S54°56'25"E D.O.0 Arc: 104°10'27" D.O.0 Chord: 130°45'36" Radius: 55.00 Delta angle: 45°43'43" Tangent length: 23.19 Arc length: 43.90 Chord Direction: S12°11'43"W Chord length: 42.74 External: 4.69 Middle ordinate: 4.32 Radial Out: S79°19'52"W Point Northing Easting Direction Distance PRC 9902.9607 10285.7135 RP 9900.1837 10270.9728 Curve Direction: CW Radial In: S79°19'52"W D.O.0 Arc: 381°58'19" D.O.0 Chord: N/A Radius: 15.00 Delta angle: 90°09'32" Tangent length: 15.04 Arc length: 23.60 Chord Direction: S34°24'38"W Chord length: 21.24 External: 6.24 Middle ordinate: 4.41 Radial Out: S10°30'36"E Point Northing Easting Direction Distance PCC 9885.4354 10273.7089 RP 10139.1069 10226.6479 Curve Direction: CW Radial In: N10°30'36"W D.O.0 Arc: 22°12'28" D.O.0 Chord: 22°20'57" Radius: 258.00 User Name:Tim Date: 07-10-02 Project: 02097 Time: 15:53:43 Create Mapcheck Reports Page: 1 Lot Name: LOT 18 Lot Area (Square Feet): 8001.7146 Lot Area(Acres): 0.1837 Closing Direction: N90°00'00"E Closing Distance: 0.0000 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9881.2867 10214.0067 N00°59'22"E 115.00 9996.2696 10215.9925 N89°00'38"W 70.00 9997.4783 10146.0030 S00°59'22"W 100.00 PC 9897.4932 10144.2762 RP 9897.2342 10159.2739 Curve Direction: CCW Radial In: S89°00'38"E D.O.0 Arc: 381°58'19" D.O.0 Chord: N/A Radius: 15.00 Delta angle: 90°00'00" Tangent length: 15.00 Arc length: 23.56 Chord Direction: S44°00'38"E Chord length: 21.21 External: 6.21 Middle ordinate: 4.39 Radial Out: S00°59'22"W Point Northing Easting Direction Distance PT 9882.2365 10159.0149 S89°00'38"E 55.00 End 9881.2867 10214.0067 Error of Closure 1 : 0 Departure in Y(Northing): 0.0000 Departure in X(Easting): 0.0000 User Name: Tim Date: 07-10-02 Project: 02097 Time: 15:53:33 Create Mapcheck Reports Page: 2 Delta angle: 11°29'58" Tangent length: 25.98 Arc length: 51.78 Chord Direction: S85°14'23"W Chord length: 51.69 External: 1.30 Middle ordinate: 1.30 Radial Out: S00°59'22"W Point Northing Easting Direction Distance PT 9881.1454 10222.1927 N89°00'38"W 8.19 9881.2868 10214.0039 N00°59'22"E 115.00 9996.2697 10215.9897 S89°00'38"E 79.63 9994.8946 10295.6079 S00°59'22"W 50.17 End 9944.7321 10294.7415 Error of Closure 1 : 80007 Departure in Y(Northing): 0.0046 Departure in X(Easting): 0.0008 User Name: Tim Date: 07-10-02 Project:02097 Time: 15:54:23 Create Mapcheck Reports Page: 1 Lot Name: TRACT A Lot Area(Square Feet): 11882.8303 Lot Area (Acres): 0.2728 Closing Direction: S49°57'24"E Closing Distance: 0.0098 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9983.8482 9904.2685 S28°58'58"W 108.59 9888.8574 9851.6516 N87°50'39"W 75.99 9891.7160 9775.7154 NO2°10'43"E 112.17 10003.8049 9779.9795 S89°00'38"E 134.07 10001.4898 9914.0295 S28°58'58"W 10.08 9992.6721 9909.1453 S28°58'58"W 10.08 End 9983.8545 9904.2610 Error of Closure 1 :46179 Departure in Y(Northing): -0.0063 Departure in X(Easting): 0.0075 User Name: Tim Date: 07-10-02 Project 02097 Time: 15:54:40 Create Mapcheck Reports Page: 1 Lot Name: TRACT B Lot Area(Square Feet): 4324.1041 Lot Area(Acres): 0.0993 Closing Direction: S48°07'32"W Closing Distance: 0.0013 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9890.2898 10102.1455 S00°5922"W 46.77 PC 9843.5268 10101.3379 RP 9990.7543 10130.0442 Curve Direction: CW Radial in: N11°01'59"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 01°56'50" Tangent length: 2.55 Arc length: 5.10 Chord Direction: N77°59'36"W Chord length: 5.10 External: 0.02 Middle ordinate: 0.02 Radial Out: S12°58'49"W Point Northing Easting Direction Distance PCC 9844.5872 10096.3518 RP 9990.7543 10130.0442 Curve Direction: CW Radial In: N 12°58'49"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" Radius: 150.00 Delta angle: 13°22'09" Tangent length: 17.58 Arc length: 35.00 Chord Direction: N70°20'07"W Chord length: 34.92 External: 1.03 Middle ordinate: 1.02 Radial Out S26°20'58"W Point Northing Easting Direction Distance PCC 9856.3388 10063.4675 RP 9990.7543 10130.0442 Curve Direction: CW Radial In: N26°20'58"E D.O.0 Arc: 38°11'50" D.O.0 Chord: 38°56'33" User Name: Tim Date: 07-10-02 Project:02097 Time: 15:54:40 Create Mapcheck Reports Page: 2 Radius: 150.00 Delta angle: 14°58'10" Tangent length: 19.71 Arc length: 39.19 Chord Direction: N56°09'57"W Chord length: 39.08 External: 1.29 Middle ordinate: 1.28 Radial Out: S41°19'08"W Point Northing Easting Direction Distance PT 9878.0973 10031.0068 N48°40'52"W 18.47 9890.2921 10017.1349 N48°40'52"W 31.02 9910.7731 9993.8375 N53°45'54"W 41.71 9935.4278 9960.1942 N36°14'06"E 26.00 9956.3994 9975.5628 S53°45'54"E 42.87 9931.0590 10010.1417 S48°40'52"E 50.64 PC 9897.6240 10048.1747 RP 9990.7537 10130.0456 Curve Direction: CCW Radial In: N41°19'08"E D.O.0 Arc: 46°12'23" D.O.0 Chord: 47°33'36" Radius: 124.00 Delta angle: 18°08'36" Tangent length: 19.80 Arc length: 39.27 Chord Direction: S57°45'10"E Chord length: 39.10 External: 1.57 Middle ordinate: 1.55 Radial Out: S23°10'32"W Point Northing Easting Direction Distance PCC 9876.7601 10081.2454 RP 9890.5497 10087.1487 Curve Direction: CCW Radial In: N23°10'32"E D.O.0 Arc: 381°58'19" D.O.0 Chord: N/A Radius: 15.00 Delta angle: 112°11'10" Tangent length: 22.32 Arc length: 29.37 Chord Direction: N57°04'57"E Chord length: 24.90 External: 11.89 Middle ordinate: 6.63 Radial Out: S89°00'38"E Point Northing Easting Direction Distance User Name: Tim Date: 07-10-02 Project:02097 Time: 15:54:40 Create Mapcheck Reports Page: 3 End 9890.2906 10102.1464 Error of Closure 1 : 321215 Departure in Y(Northing): -0.0008 Departure in X(Easting): -0.0009 User Name: Tim Date: 07-10-02 Project:02097 Time: 15:54:50 Create Mapcheck Reports Page: 1 Lot Name: TRACT B CENTERLINE Lot Area(Square Feet): 18684.3481 Lot Area(Acres): 0.4289 Closing Direction: N82°1328"E Closing Distance: 0.0028 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9997.8410 10125.0061 S00°5922"W 136.00 9861.8613 10122.6576 N89°00'38'W 21.00 9862.2239 10101.6608 N89°00'38"W 8.09 PC 9862.3636 10093.5720 RP 9912.3562 10094.4354 Curve Direction: CW Radial In: N00°59'22"E D.O.0 Arc: 114°35'30" D.O.0 Chord: N/A Radius: 50.00 Delta angle: 21°54'32" Tangent length: 9.68 Arc length: 19.12 Chord Direction: N78°03'22"W Chord length: 19.00 External: 0.93 Middle ordinate: 0.91 Radial Out: S22°53'54'W Point Northing Easting Direction Distance PCC 9866.2963 10074.9805 RP 9995.2639 10129.4541 Curve Direction: CW Radial In: N22°53'54"E D.O.0 Arc: 40°55'32" D.O.0 Chord: 41°50'59" Radius: 140.00 Delta angle: 18°25'14" Tangent length: 22.70 Arc length: 45.01 Chord Direction: N57°53'29"W Chord length: 44.82 External: 1.83 Middle ordinate: 1.80 Radial Out: S41°19'08"W Point Northing Easting Direction Distance PT 9890.1173 10037.0192 N48°40'52"W 13.16 PC 9898.8062 10027.1354 RP 9523.2830 9697.0108 Curve Direction: CCW User Name:Tim Date: 07-10-02 Project 02097 Time: 15:54:50 Create Mapcheck Reports Page: 2 Radial In: S41°19'08"W D.O.0 Arc: 11°27'33" D.O.0 Chord: 11°28'42" Radius: 500.00 Delta angle: 05°05'02" Tangent length: 22.20 Arc length: 44.37 Chord Direction: N51°13'23"W Chord length: 44.35 External: 0.49 Middle ordinate: 0.49 Radial Out: N36°14'06"E Point Northing Easting Direction Distance PT 9926.5827 9992.5600 N53°45'54"W 31.33 PC 9945.1018 9967.2893 RP 9985.4318 9996.8442 Curve Direction: CW Radial In: N36°14'06"E D.O.0 Arc: 114°35'30" D.O.0 Chord: 180°00'00" Radius: 50.00 Delta angle: 16°15'37" Tangent length: 7.14 Arc length: 14.19 Chord Direction: N45°38'06"W Chord length: 14.14 External: 0.51 Middle ordinate: 0.50 Radial Out: S52°29'43"W Point Northing Easting Direction Distance PRC 9954.9904 9957.1790 RP 9924.5491 9917.5139 Curve Direction: CCW Radial In: S52°29'43"W D.O.0 Arc: 114°35'30" D.O.0 Chord: 180°00'00" Radius: 50.00 Delta angle: 16°15'37" Tangent length: 7.14 Arc length: 14.19 Chord Direction: N45°38'06"W Chord length: 14.14 External: 0.51 Middle ordinate: 0.50 Radial Out: N36°14'06"E Point Northing Easting Direction Distance PT 9964.8790 9947.0688 N53°45'54"W 47.01 9992.6666 9909.1506 N28°58'58"E 10.08 User Name:Tim Date: 07-10-02 Project 02097 Time: 15:54:50 Create Mapcheck Reports Page: 3 10001.4842 9914.0348 689°00'38"E 85.97 9999.9997 9999.9920 S89°00'38"E 125.03 End 9997.8406 10125.0033 Error of Closure 1 :221203 Departure in Y(Northing): 0.0004 Departure in X(Easting): 0.0028 User Name: Tim Date: 10-02-02 Project: 02097 Time: 14:22:37 Create Mapcheck Reports Page: 1 Lot Name: TRACT C REV. 10-01-02 Lot Area (Square Feet): 2283.0458 Lot Area (Acres): 0.0524 Closing Direction: S80°42'03"W Closing Distance: 0.0038 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance PC 9968.0092 10449.9515 RP 10070.3468 10358.8690 Curve Direction: CW Radial In: N41°40'11"W D.O.0 Arc: 41°49'18" D.O.0 Chord: 42°48'38" Radius: 137.00 Delta angle: 26°42'45" Tangent length: 32.53 Arc length: 63.87 Chord Direction: S61°41'12"W Chord length: 63.30 External: 3.81 Middle ordinate: 3.71 Radial Out: S14°57'26"E Point Northing Easting Direction Distance PCC 9937.9885 10394.2284 RP 10070.3468 10358.8690 Curve Direction: CW Radial In: N 14°57'26"W D.O.0 Arc: 41°49'18" D.O.0 Chord: 42°48'38" Radius: 137.00 Delta angle: 02°04'24" Tangent length: 2.48 Arc length: 4.96 Chord Direction: S76°04'46"W Chord length: 4.96 External: 0.02 Middle ordinate: 0.02 Radial Out: S12°53'02"E Point Northing Easting Direction Distance PCC 9936.7959 10389.4167 RP 9913.1428 10339.7626 Curve Direction: CW Radial In: S64°31'44"W D.O.0 Arc: 104°10'27" D.O.0 Chord: 130°45'36" Radius: 55.00 User Name: Tim Date: 10-02-02 Project: 02097 rime: 14:22:37 Create Mapcheck Reports Page: 2 Delta angle: 27°20'54" Tangent length: 13.38 Arc length: 26.25 Chord Direction: S11°47'49"E Chord length: 26.00 External: 1.60 Middle ordinate: 1.56 Radial Out: S88°07'22"E Point Northing Easting Direction Distance PRC 9911.3411 10394.7331 RP 10070.3467 10358.8689 Curve Direction: CCW Radial In: N 12°42'38"W D.O.0 Arc: 35°09'03" D.O.0 Chord: 35°43'36" Radius: 163.00 Delta angle: 23°13'31" Tangent length: 33.50 Arc length: 66.07 Chord Direction: N65°40'36"E Chord length: 65.62 External: 3.41 Middle ordinate: 3.34 Radial Out: S35°56'09"E Point Northing Easting Direction Distance PCC 9938.3697 10454.5301 RP 10070.3467 10358.8689 Curve Direction: CCW Radial In: N35°56'09"W D.O.0 Arc: 35°09'03" D.O.0 Chord: 35°43'36" Radius: 163.00 Delta angle: 12°45'36" Tangent length: 18.23 Arc length: 36.30 Chord Direction: N47°41'03"E Chord length: 36.23 External: 1.02 Middle ordinate: 1.01 Radial Out: S48°41'45"E Point Northing Easting Direction Distance PT 9962.7575 10481.3171 N41°18'15"E 6.00 9967.2648 10485.2774 N88°47'30"W 26.72 9967.8283 10458.5634 N88°47'30"W 8.61 End 9968.0098 10449.9553 Error of Closure 1 : 62328 Departure in Y(Northing): -0.0006 Departure in X (Easting): -0.0038 User Name: Tim Date: 11-01-02 Project: 02097 Time: 10:50:19 Create Mapcheck Reports Page: 1 Lot Name: TRACT D REV. 11-01-02 Lot Area (Square Feet): 57120.4340 Lot Area (Acres): 1.3113 Closing Direction: N68°45'27"E Closing Distance: 0.0107 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 10044.3817 10731.9668 N88°51'13"W 83.24 10046.0471 10648.7435 S42°00'07"W 61.65 10000.2336 10607.4900 526°42'32"W 25.91- 9977.0882 10595.8446 S26°42'32"W 16.80' 9962.0807 10588.2937 S39°25'26"W 30.37 9938.6208 10569.0071 SO4°27'21"E 7.82 9930.8244 10569.6147 SO4°27'21"E 5.25 9925.5903 10570.0225 S21°55'56"W 66.55- 9863.8568 10545.1655 S21°55'56"W 37.15' 9829.3955 10531.2896 N80°03'23"W 42.8V 9836.7861 10489.1325 S77°13'22"W 11.41 9834.2627 10478.0051 S77°13'22"W 2.87 c 9833.6279 10475.2061 S47°35'33"W 99.41 9766.5859 10401.8051 S47°35'33"W 4.67 9763.4365 10398.3569 S47°35'33"W 3.14 9761.3189 10396.0384 S67°04'00"W 25.18 9751.5072 10372.8487 S88°51'13"E 351.75 9744.4698 10724.5283 N01°25'08"E 300.00 End 10044.3778 10731.9568 Error of Closure 1 : 109647 Departure in Y(Northing): 0.0039 Departure in X (Easting): 0.0100 User Name: Tim Date: 11-01-02 Project: 02097 Time: 10:59:32 Create Mapcheck Reports Page: 1 Lot Name: TRACT E REV. 11-01-02 Lot Area (Square Feet): 193489.1158 Lot Area (Acres): 4.4419 Closing Direction: S32°32'38"E Closing Distance: 0.0080 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9891.7152 9775.7193 S02°10'43"W 480.83 9411.2328 9757.4407 S88°59'57"E 521.88 9402.1171 10279.2410 N65°55'36"E 12.48 9407.2078 10290.6356 N65°55'36"E 8.74 9410.7729 10298.6154 N 11°16'40"E 46.88 9456.7476 10307.7835 N32°52'27"W 10.31 9465.4066 10302.1873 N32°52'27"W 10.38 9474.1244 10296.5531 N63°06'02"E 13.90 9480.4132 10308.9491 N63°06'02"E 10.14 9485.0008 10317.9920 N01°25'08"E 178.31 9663.2561 10322.4073 N90°00'00"E 0.00 9663.2561 10322.4073 N01°25'08"E 54.63 9717.8693 10323.7600 S89°41'08"W 65.63 9717.5092 10258.1310 S89°41'08"W 24.25 9717.3761 10233.8814 S65°16'54"W 44.64 9698.7095 10193.3315 S83°12'22"W 61.63 9691.4188 10132.1343 S83°12'22"W 58.10 9684.5457 10074.4423 N80°11'55"W 26.19 9689.0041 10048.6345 N80°11'55"W 90.78 9704.4579 9959.1796 N01°38'52"W 12.85 9717.3026 9958.8101 N01°38'52"W 12.00 9729.2976 9958.4650 NO3°30'03"W 85.99 9815.1271 9953.2142 N54°29'44"W 49.01 9843.5905 9913.3166 N53°42'54"W 16.47 9853.3375 9900.0404 N53°42'54"W 2.20 9854.6394 9898.2670 N53°42'54"W 57.83 9888.8633 9851.6512 N87°50'39"W 75.99 End 9891.7219 9775.7150 Error of Closure 1 : 255552 Departure in Y(Northing): -0.0067 Departure in X (Easting): 0.0043 User Name: Tim Date: 11-11-02 Project: 02097 Time: 08:37:56 Create Mapcheck Reports Page: 1 Lot Name: TRACT F REV. 11-11-02 Lot Area (Square Feet): 2209.0035 Lot Area (Acres): 0.0507 Closing Direction: N17°23'43"E Closing Distance: 0.0113 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 9484.9927 10317.9881 S01°25'08"W 83.55 9401.4683 10315.9193 N88°59'57"W 43.89 9402.2349 10272.0360 N30°49'20"E 18.87 9418.4398 10281.7045 N30°49'20"E 5.51 9423.1715 10284.5277 N26°27'25"E 15.59 9437.1288 10291.4734 N26°27'25"E 18.62 9453.7987 10299.7691 N14°14'45"W 13.61 9466.9902 10296.4199 N14°14'45"W 9.58 9476.2756 10294.0624 N57°46'06"E 21.54 9487.7638 10312.2831 N57°46'06"E 6.93 9491.4599 10318.1452 S01°25'08"W 6.48 End 9484.9819 10317.9847 Error of Closure 1 : 21524 Departure in Y(Northing): 0.0108 Departure in X (Easting): 0.0034 DRAFT COPY OF THE DOCUMENTS FOR THE FORMATION OF THE BROOKRIDGE HOMEOWNERS' ASSOCIATION (FORMERLY SAINT CLAIRE) I. ARTICLES OF INCORPORATION II. BYLAWS III. PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Submitted to the City of Renton for review of Final Plat of Brookridge (formerly Saint Claire) By CQ Enterprises, Inc. Contact: Dan Chapman 11417 124th Avenue NE, Suite 201 Kirkland, WA 98033 (425) 889-8770 DEVELOPMENT PLANNING CITY OF RENTON July 29, 2002 AUG 0 1 20e2 RECEIVED ARTICLES OF INCORPORATION OF BROOKRIDGE HOMEOWNERS' ASSOCIATION Pursuant to the Washington Nonprofit Corporation Act (RCW Title 24), the undersigned resident of the State of Washington for the purpose of forming a corporation not for profit does hereby make, execute, and adopt in duplicate,the following Articles of Incorporation: ARTICLE I NAME The name of the corporation is Brookridge Homeowners' Association("Association"). ARTICLE II PRINCIPAL OFFICE The principal office of the Association is located at CQ Enterprises, Inc., 11417 124th Avenue NE, Suite 201, Kirkland, Washington, 98033. ARTICLE III REGISTERED AGENT CQ Enterprises, Inc., an Alaska corporation, is hereby appointed the initial registered agent of this Association, whose address is CQ Enterprises, Inc., 11417 124th Avenue NE, Suite 201, Kirkland, Washington, 98033. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, architectural control, and landscaping control for the Lots and Common Areas within that certain tract of real property legally described on Exhibit A ("Property") in a manner as to benefit the Property and all Owners. The Association shall: (a) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in that certain Declaration of Protective Covenants, Conditions, Easements & Restrictions of Brookridge, applicable to the property and recorded in the Office of the King County Auditor under file number , and as the same may be amended from time to time as therein provided ("Declaration"), said Declaration being incorporated herein as if set forth at length; (b) Fix, levy, collect and enforce payment by any lawful means of all charges or assessments pursuant to the terms of the Declaration; pay all expenses in connection therewith and all office and other expenses necessary and proper for the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) Borrow money, and with the assent of sixty-seven percent (67%) of the total membership votes entitled to be cast, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (d) Dedicate, sell or transfer all or any part of the Common Areas to any public agent, authority, utility or private party for such purposes and subject to such conditions as may be agreed to by the members, so long as such Common Areas remain in public use and interest for the members of the Association. No such dedication, sale or transfer shall be effective unless an instrument has been signed by sixty-seven percent (67%) of the total membership votes entitled to be cast, agreeing to such dedication, sale or transfer; (e) Have and exercise any and all powers, rights and privileges which a corporation organized under the Washington Nonprofit Corporation Act by law may now or hereafter have or exercise. ARTICLE V MEMBERSHIP Every person or entity who is a record owner of fee title to any Lot which is subject to the Declaration, or is a purchaser of such a Lot under a recorded real estate contract and is in possession of the Lot under contract ("Owner" or collectively, "Owners"), shall be a member of the Association. Only such persons or entities shall be members of the Association, and persons or entities that hold an interest merely as security for the performance of an obligation shall not be deemed to be owners. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. A corporation, partnership or association which is a member of the Association shall be entitled to one designated representative who shall cast its vote and act for it in all Association matters. ARTICLE VI VOTING RIGHTS Each Owner shall be entitled to one vote for each Lot it owns. When more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall any vote be divided among the Owners. Any Owners denied voting rights under the Declaration, as amended from time to time, shall also be excluded from voting rights hereunder. ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of three (3) Directors. During the Development Period, the Directors shall be appointed by the Developer. After expiration of the Development Period, the Members shall elect Owners to serve as the Directors in accordance with the Bylaws. The number of Directors may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the first annual meeting of the Association or until the selection of their successors, as provided in the Bylaws, are: 2 NAME ADDRESS James D. Chapman c/o CQ Enterprises, Inc. 11417 124th Avenue NE, Suite 201 Kirkland, Washington 98033 John R. Day c/o John Day Homes Inc. 13130 475th Avenue SE North Bend, Washington 98045 Michelle Stewart c/o John Day Homes Inc. 13130 475th Avenue SE North Bend, Washington 98045 ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than sixty seven percent (67%) of the total membership votes entitled to be cast. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE IX LIABILITIES The highest amount of indebtedness, direct or contingent, to which the Association may be subject at any one time shall not exceed one hundred percent (100%) of its income for the previous fiscal year, provided that additional amounts may be authorized by the assent of sixty seven percent(67%) of the total membership votes entitled to be cast. ARTICLE X MEETINGS In order to take action requiring member approval under these Articles of Incorporation, such action may be approved at a meeting of the members. Written notice, setting forth the purpose of such a meeting, shall be given to all members not less than ten (10) days or more than fifty (50) days in advance of the meeting. The presence of members or of proxies entitled to cast ten percent (10%) of the total membership votes entitled to be cast shall constitute a quorum. In the event that a quorum is present but the necessary percentage to take an action is not reached at the meeting, members not present may give their written approval within seven (7) days after the meeting. Any action that may be taken at a meeting of the members may also be taken by a written consent signed by all of the members, and such written consent shall have the same effect as action by the members at a duly called meeting. ARTICLE XI DURATION The Association shall exist perpetually. 3 ARTICLE XII ANNEXATION Upon the request of Developer or an adjoining landowner, the Association may annex additional properties and common area and so add to its membership, with the approval of sixty- seven percent(67%) of the total membership votes entitled to be cast. ARTICLE XIII AMENDMENTS Amendment of these Articles shall require the assent of sixty-seven percent (67%) of the total membership votes entitled to be cast. ARTICLE XIV LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act permits the elimination or limitation of the liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE XV NAME AND ADDRESS OF INCORPORATOR The name of the incorporator is James D. Chapman. The address of the incorporator is do CQ Enterprises, Inc., 11417 124th Avenue NE, Kirkland, Washington, 98033. ARTICLE XVI CAPITALIZED TERMS Capitalized terms used herein shall have the meanings ascribed to them in the Declaration or Bylaws unless otherwise defined herein. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Washington, the undersigned, being the incorporator of the Association, has executed these Articles of Incorporation this day of , 2002. James D. Chapman 4 CONSENT TO SERVE AS REGISTERED AGENT The undersigned consents to serve as Registered Agent, in the State of Washington, for BROOKRIDGE HOMEOWNERS' ASSOCIATION, a Washington not-for-profit corporation. The undersigned understands that, as agent for the corporation, it will be responsible to receive service of process in the name of the corporation, to forward all mail to the corporation, and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the corporation. EXECUTED this day of , 2002. CQ ENTERPRISES, INC. James D. Chapman, President EXHIBIT A TO THE ARTICLES OF INCORPORATION OF BROOKRIDGE HOMEOWNERS' ASSOCIATION Lots 1 through 18 of the Plat of Brookridge, recorded in the Office of the County Auditor, King County, Washington, under file number BYLAWS OF BROOKRIDGE HOMEOWNERS' ASSOCIATION ARTICLE I NAME AND LOCATION The name of the Association is the BROOKRIDGE HOMEOWNERS' ASSOCIATION. The principal office of the Association shall be selected and designated by the Board of Directors from time to time. Meetings of members and directors may be held at such places within the State of Washington, County of King, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS All capitalized terms in this Bylaws shall have the same meaning as identical capitalized terms in that certain Declaration of Protective Covenants, Conditions, Easements & Restrictions of Brookridge recorded in the Office of the County Auditor, King County, Washington, under file number , and all subsequent amendments thereto ("Declaration"). ARTICLE III MEETING OF MEMBERS 3.1 Annual Meetings. The first annual meeting of the Members shall be held on the second Monday in February, or such other date as is set by the Board of Directors at a time and place established by the Board of Directors. 3.2 Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote twenty-five percent(25%) of the total membership votes entitled to be cast. 3.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by personal delivery or mailing a copy of such notice, postage prepaid, to each Member entitled to vote thereat, not less than ten (10) days nor more than fifty (50) days in advance of the meeting. Notice shall be addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. 3.4 Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, ten percent (10%) of the total membership votes entitled to be cast shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereon shall have power to adjourn the meetings from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. 1 3.5 Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of its Lot. 3.6 Voting by Mail. The Board may permit members to vote by mail on any issue that it proposes to submit to a vote of the membership at an annual or special meeting of the Association. Voting by mail must be allowed on all issues requiring the approval of sixty seven percent (67%) of the entire membership, and for all elections of members of the Board of Directors. The written ballot, with the proposal attached or incorporated therein, must be sent to each member with the notice of meeting, and must be returned prior to the meeting in order to be counted. 3.7 Suspended Member. The votes of all suspended Members shall not count as Member votes entitled to be cast. ARTICLE IV BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE 4.1 Number, Qualifications. The affairs of this Association shall be managed by a Board of three (3) directors. During the Development Period, the Directors shall be appointed by the Developer. After expiration of the Development Period, the Members shall elect Owners to serve as the Directors in accordance herein. 4.2 Election of Directors and Term of Office. At the first annual meeting after expiration of the Development Period, the Members shall elect three (3) directors for a term of one (1) year; and at each annual meeting, thereafter, the Members shall elect three (3) directors for a term of one (1) year. 4.3 Removal. Any elected director may be removed from the Board with cause by a majority vote of the member votes entitled to be cast. In the event of death, resignation or removal of an elected director, its successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of its predecessor. In the event that all of the elected directors are removed or resign, their successors shall be elected by the Members of the Association at a regular meeting, or special meeting called for that purpose, and shall serve for the unexpired terms of their predecessors. 4.4 Compensation. No director shall receive compensation for any service they may render to the Association. However, any director may be reimbursed for such person's actual expenses incurred in the performance of such person's duties. 4.5 Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of a majority of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS 5.1 Nomination. Nominations for elected directors shall be made from the floor at the annual meeting. The Members shall make as many nominations for election to the Board of Directors as they desire, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Owners. 2 5.2 Election. Election to the Board of Directors shall be by oral vote or secret written ballot, as may be determined by the then sitting Board of Directors. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorporation. The persons receiving the largest number of votes shall be elected. Cumulative voting shall not be permitted. ARTICLE VI MEETING OF DIRECTORS 6.1 Time, Place. Open meetings of the Board of Directors shall be held at such place and hour as may be fixed from time to time by resolution of the Board. A meeting shall be held within fifteen days after each annual meeting of the Members. 6.2 Notice. Meetings of the Board of Directors shall be held when called by the President of the Association, or by any director, after not less than three (3) days' notice to each director. 6.3 Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board; provided however that the determination of any annual or special assessment and the adoption of or amendment to the rules and regulations shall require the affirmative vote of sixty percent (60%) of the directors present at such a meeting. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS 7.1 Powers. The Board of Directors shall have power to: 7.1.1 Suspend the voting right of a Member who has not cured a violation of the Declaration or the rules and policies duly promulgated thereunder, after three written notices of violation have been delivered or mailed to it and such Member has had thirty (30) days from the receipt of the first such notice to cure such violation. 7.1.2 Suspend the voting rights of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association, after such Member has had thirty (30) days from the due date to pay such assessment. 7.1.3 Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration. 7.1.4 Declare the office of an elected member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. 7.1.5 Employ and to prescribe the duties of a manager or an independent contractor, as it deems necessary. 7.1.6 Enforce the architectural, landscaping and Lot maintenance controls described in the Declaration. 3 7.1.7 Perform maintenance work on individual Lots when an Owner has failed to do so and to charge the cost to the offending Owner, as provided in the Declaration. 7.2 Duties. It shall be the duty of the Board of Directors to: 7.2.1 Cause to be kept a fair and accurate record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by fifty percent (50%) of the total membership votes entitled to be cast. 7.2.2 Supervise all officers, agents and employees of this Association and see that their duties are properly performed. 7.2.3 As more fully provided in the Declaration, to: (i) Fix the amount of the annual assessment against each Lot; (ii) Send written notice of each assessment to every Owner subject thereto due and payable within thirty(30) days of notification; (iii) Fix the amount of any special assessment against each Lot and send written notice of such special assessment to every Owner subject thereto at least thirty (30) days in advance of the date on which such assessment is due; and (iv) Foreclose the lien against any property for which assessments are not paid within sixty (60) days after due date or to bring an action at law against the Owner personally obligated to pay the same. 7.2.4 Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. 7.2.5 Procure and maintain liability insurance and cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. 7.2.6 Cause the Common Areas to be maintained, and to pay all of the Association and common expenses described in the Declaration. 7.2.7 Act as the Architectural Control Committee for the Property, or elect or appoint a separate Architectural Control Committee for the Property, in accordance with the Declaration applicable to the Plat, after Developer gives notice it is relinquishing that role. ARTICLE VIII OFFICERS AND THEIR DUTIES 8.1 Enumeration of Offices. The officers of this Association shall be a president, secretary, and treasurer, who shall at all times be members of the Board of Directors, and such other officers as the Board may from time to time by resolution create. 8.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. 4 8.3 Term. The officers of this Association shall be elected annually by the Board, and each shall hold office for one (1) year unless they shall sooner resign, be removed or otherwise be disqualified to serve. 8.4 Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 8.5 Resignation and Removal. Any officer may be removed from office with cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 8.6 Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. 8.7 Multiple Offices. No person shall simultaneously hold more than one of any of the offices. 8.8 Duties. The duties of the officers are as follows: 8.8.1 President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and shall sign all written contracts and instruments approved by the Board of Directors. 8.8.2 Vice President/Secretary. The vice president/secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses and shall act in the place and stead of the president in the event of such person's absence, inability or refusal to act, review the complaints alleging violations of the maintenance and improvement requirements of the Declaration, administer the exercise of enforcement actions by the Association, and shall exercise and discharge such other duties as may be required of him by the Board. 8.8.3 Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all money of the Association; disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenses to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. 8.8.4 Consultants. When appropriate, any officer may retain a third party consultant or contractor to assist such officer in the performance of its duties; provided such officer shall notify the Board in accordance with these Bylaws. ARTICLE IX COMMITTEES The Board of Directors shall appoint such committees as it deems appropriate in carrying out the Association's purpose. 5 ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS 11.1 Enforcement. Each Member is obligated to pay to the Association annual and special assessments which are assessed against the property. Any assessment which is not paid within thirty (30) days after the due date shall bear interest from the thirty-first day after the due date at the rate of twelve percent (12%) per annum, or, if less, at the maximum rate permitted by law. The Association, consistent with Section 7.2.3 (iv) of these Bylaws, may bring an action at law against the Owner personally obligated to pay the same or foreclose its lien against the property, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein that are levied or owing against its Lot during the time that it is the Owner thereof by non-use of the Common Areas or by the transfer or abandonment of its Lot. 11.2 Proration. When ownership of a Lot changes, liability for the regular annual and special assessments which have been established for the year of purchase shall be prorated between the buyer and seller in accordance with the number of days remaining in that year on the date of closing. All assessments due and payable on the day of closing shall be paid at closing by the party liable. ARTICLE XII AMENDMENTS 12.1 Meeting. These Bylaws may be amended, at a regular or special meeting of the Members, by simple majority vote of the Member votes present and entitled to be cast, providing the notice for the meeting includes the proposals for amendment. Any proposed amendments or alterations shall be submitted to the Members in writing at least ten (10) days in advance of the meeting at which they are to be acted upon. 12.2 Priority. In case of any conflict between the various documents governing the Association, they shall control in the following order of priority: (1) Articles of Incorporation, (2) Declaration, (3) Bylaws, and (4) Rules &Regulations, if any. ARTICLE XIII INDEMNIFICATION OF DIRECTORS AND OFFICERS 13.1 Standard of Conduct. Every person who is or was a Director, officer or committee member of the Association shall be indemnified by the Association, whether or not then in office, against all liability and reasonable expenses actually and necessarily incurred by him in connection with any proceeding to which such person may have been made a party or otherwise because such person is or was a Director, officer or committee member of the 6 Association or any proceeding by or in the right of the Association, unless the Director, officer or committee member has been adjudged liable to the Association in such a proceeding. Such Director, officer or committee member shall be indemnified provided that such person conducted himself or herself in good faith and reasonably believed such person's conduct in such person's own official capacity was in the Association's best interests, or such person reasonably believed such person's conduct outside such person's own official capacity was at least not opposed to the Association's best interests, and in addition, in any criminal or civil prosecution such person had no reasonable cause to believe such person's conduct was unlawful; PROVIDED FURTHER, that a Director, officer or committee member shall not be indemnified for any proceeding in which such person has been adjudged to be liable for receiving improper personal benefit, whether or not in such person's official capacity. As used in this article, the term "proceeding" shall include but shall not be limited to any threatened, pending or completed claim, action or suit, or in connection with an appeal relating thereto. The term "expenses" shall include but shall not be limited to counsel fees and disbursements, and amounts of judgments, fines, penalties, settlements, and reasonable expenses actually incurred by the Director, officer or committee member. In addition, the Association shall reimburse expenses incurred by a Director, officer or committee member in connection with such person's appearance as a witness in a proceeding at a time when such person has not been named defendant or respondent. 13.2 Indemnification. 13.2.1 Any Director, officer or committee member who has been wholly successful on the merits or otherwise with respect to any proceeding described in Section 13.1 shall be entitled to indemnification as of right. 13.2.2 A Director, officer or committee member who has not been successful on the merits or otherwise may be indemnified at the discretion of the Association if it is determined by the Association, according to applicable statutory procedures, that such person has met the requisite standard of conduct set forth in Section 13.1. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere, or its equivalent, shall not of itself be determinative that the standard of conduct was not met. The indemnification of employees or contractors of the Association shall be made at the discretion of the Association's Board of Directors. 13.2.3 A Director, officer or committee member may also apply to a court of appropriate jurisdiction for an order of indemnification. If such person has met the requisite standard of conduct described in Section 13.1, the court shall order indemnification and such person shall be entitled to receive reimbursement, plus the expenses of securing it. In addition, a court may order such indemnification if it determines that such person is fairly and reasonably entitled to indemnification in view of all relevant circumstances, whether or not such person has met the requisite standard of conduct set forth in Section 13.1, or has been adjudged liable on the basis that personal benefit was improperly received by him or her. A Director, officer or committee member shall be entitled to indemnification under this section to the extent permitted by law. 13.3 Report to Members. Any indemnification of a Director, officer or committee member in accordance with this article shall be reported to the Members with the notice of the next Members' meeting or prior thereto in a written report describing the proceeding and the nature and extent of such indemnification. 13.4 Expenses. Reasonable expenses incurred by a Director, officer or committee member who is party to a proceeding described in Section 13.1 may be advanced by the 7 Association prior to the final disposition of such proceeding according to applicable law. Such expenses shall not be advanced if the proceeding is brought by the Association. 13.5 Insurance. The Association may purchase and maintain insurance on behalf of any person who is a director, officer, committee member, employee, or agent of the Association plan against any liability incurred by such person because of his status, whether or not the Association would have the power to indemnify such person against such liability under the provisions of this article. 13.6 Counsel. The Board of Directors shall have the right to designate and redesignate the counsel who shall defend any person who may be entitled to indemnification; to approve any settlement; and to approve in advance any expense. 13.7 Extent. The right to indemnification conferred by this article shall not restrict the power of the Association to make any indemnification of a Director, officer or committee member insofar as permitted by law. The foregoing rights of indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, bylaw, agreement, vote of Members, or otherwise, and shall inure to the heirs, executors, and administrators of such person. All such rights of indemnification shall be available whether or not the claim asserted against such person is based on matters which antedate the adoption of this article. 13.8 Cost. The cost of any indemnification, insurance or any other expense under this Article XIII shall be a Common Expense of the Association. ARTICLE XIV MISCELLANEOUS 14.1 Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. CERTIFICATION OF ADOPTION The undersigned, being members of the Board, hereby certify that the foregoing are the Bylaws adopted by the Board of the Association. Date JAMES D. CHAPMAN Date JOHN R. DAY Date MICHELLE STEWART 8 AFTER RECORDING RETURN TO: CQ Enterprises,Inc. 11417 124th Avenue NE, Suite 201 Kirkland,WA 98033 Reference Number of Related Document: N/A Grantor: CQ Enterprises,Inc. Grantee: The Public Abbreviated Legal Description: Lots 1 through 18 of the Plat of Brookridge recorded in the Office of the King County Auditor under file number Assessor's Property Tax Parcel: 334510-0031-09 and 334210-3538-04 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF BROOKRIDGE Developer, as the owner in fee of real property legally described in Exhibit A attached to this Declaration ("Property"), hereby covenants, agrees and declares that all of the Lots and Common Areas within the boundaries of the Property and all houses, structures and other improvements constructed on or within the Property are and will be held, sold and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property for the benefit of all of the Lots and their owners. The covenants, restrictions, reservations and conditions contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the Lots and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot, and upon their respective heirs,successors and assigns. This Declaration and its exhibits consist of pages,including these title pages. DEVELOPER: CQ ENTERPRISES,INC. James D.Chapman,its President Date: ,2002 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that James D. Chapman is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the President of CQ ENTERPRISES, INC., a corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated this day of ,2002. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: [Seal or Stamp] TABLE OF CONTENTS ARTICLE ONE: DEFINITIONS 1 ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION 2 Section 2.1: Development Period 2 Section 2.2: Purpose of Development Period 2 Section 2.3: Authority of Association After Development Period 2 Section 2.4: Delegation of Authority. 2 ARTICLE THREE: MEMBERSHIP 3 ARTICLE FOUR: VOTING RIGHTS 3 ARTICLE FIVE: PROPERTY RIGHTS IN COMMON AREAS 3 ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES 3 Section 6.1: Standard of Maintenance—Common Areas. 3 Section 6.2: Standard of Maintenance—Lots and Planting Strips. 3 Section 6.3: Remedies for Failure to Maintain. 3 Section 6.4: Common Expenses 4 ARTICLE SEVEN: ASSESSMENTS 4 Section 7.1: Types of Assessments. 4 Section 7.2: Determination of Amount. 4 Section 7.3: Certificate of Payment. 5 Section 7.4: Special Assessments. 5 Section 7.5: Fines Treated as Special Assessments. 5 ARTICLE EIGHT: COLLECTION OF ASSESSMENTS 5 Section 8.1: Lien—Personal Obligation. 5 Section 8.2: Delinquency. 5 Section 8.3: Suspension of Voting Rights 5 Section 8.4: Commencement of Assessments 6 Section 8.5: Enforcement of Assessments. 6 ARTICLE NINE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS 6 Section 9.1: Development Period 6 Section 9.2: Authority of ACC After Development 6 Section 9.3: Delegation of Authority of ACC 6 Section 9.4: Appointment of ACC. 6 Section 9.5: Approval by ACC Required 6 Section 9.6. Temporary Structures Prohibited. 7 Section 9.7: Nuisances. 8 Section 9.8: Limitation on Animals. 8 Section 9.9: Limitation on Signs. 8 Section 9.10: Completion of Construction Projects. 8 Section 9.11: Unsightly Conditions. 8 Section 9.12: Antennas, Satellite Reception. 8 Section 9.13: Setbacks. 8 Section 9.14: Roofs. 8 Section 9.15: Minimum Size 9 Section 9.16: No Manufactured Housing. 9 Section 9.17: Fences. Walls. 9 Section 9.18: Residential Use Only: Home Businesses Limited 9 Section 9.19: Underground Utilities Required. 9 Section 9.20: Parking of Vehicles 9 Section 9.21: [Intentionally Left Blank]. 10 Section 9.22: Enforcement 10 ARTICLE TEN: EASEMENTS 10 Section 10.1: Private Roads;Easements for Private Roads 10 Section 10.2: Easement for Encroachments. 10 Section 10.3: Easements on Exterior Lot Lines. 10 Section 10.4: Association's Easement of Access 11 Section 10.5: Easement for Developer 11 ARTICLE ELEVEN: MORTGAGE PROTECTION 11 Section 11.1: Mortgagees 11 Section 11.2: Liability Limited. 11 Section 11.3: Mortgagee's Rights During Foreclosure. 11 Section 11.4: Acquisition of Lot by Mortgagee. 11 Section 11.5: Reallocation of Unpaid Assessment 11 Section 11.6: Subordination 11 Section 11.7: Mortgagee's Rights. 11 Section 11.8: Limitation on Abandonment of Common Areas. 12 Section 11.9: Notice 12 ARTICLE TWELVE: MANAGEMENT CONTRACTS 12 ARTICLE THIRTEEN: INSURANCE. 12 Section 13.1: Coverage. 12 Section 13.2: Replacement, Repair After Loss. 12 ARTICLE FOURTEEN: RULES AND REGULATIONS 13 ARTICLE FIFTEEN: REMEDIES AND WAIVER 13 Section 15.1: Remedies Not Limited. 13 Section 15.2: No Waiver. 13 ARTICLE SIXTEEN: GENERAL PROVISIONS 13 Section 16.1: Singular and Plural 13 Section 16.2: Severability. 13 Section 16.3: Duration. 13 Section 16.4: Perpetuities 13 Section 16.5: Attorney's Fees,Costs and Expenses 14 Section 16.6: Method of Notice. 14 Section 16.7: Enforcement of Declaration. 14 Section 16.8: Successors and Assigns 14 Section 16.9: Exhibits. 14 ARTICLE SEVENTEEN: AMENDMENT AND REVOCATION 14 Section 17.1: Exclusive Method. 14 Section 17.2: Amendment by Developer. 14 Section 17.3: Voting. 14 Section 17.4: Effective Date. 15 Section 17.5: Protection of Developer. 15 iii DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS OF BROOKRIDGE ARTICLE ONE DEFINITIONS For purposes of this Declaration,the Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings,which are as follows: 1. "ACC"shall mean the Architectural Control Committee,as described in Section 9.4. 2. "Articles"shall mean the Association's Articles of Incorporation and any amendments. 3. "Association" shall mean the homeowners association formed as a nonprofit corporation for the purpose of administering this Declaration. 4. "Board"or"Board of Directors"shall mean the Board of Directors of the Association. 5. "Bylaws"shall mean the Association's Bylaws and any amendments. 6. "Common Areas"shall mean those portions of the Property in which the Association has been granted, or hereafter will be granted, an ownership interest, easement, lease or other right of control, by written instrument. The Common Areas established as of the date hereof are depicted on Exhibit B attached hereto. 7. "Common Expenses"are defined in Section 6.4. 8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements & Restrictions. 9. "Developer" shall mean CQ Enterprises, Inc., or any persons or entities to which it assigns its rights as Developer,or succeeds to its interest. 10. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the Lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the Development Period. 11. "Lot" shall mean any legal lot created from time to time by a legal subdivision of any portion of the Property,boundary line adjustment or otherwise,but excluding all Common Areas and those roads,streets and other land or improvements within the Property that are dedicated to the public. The Lots established as of the date hereof are depicted on Exhibit B attached hereto. 12. "Member"shall mean every person or entity that holds a membership in the Association. 13. "Mortgage" shall mean any first lien mortgage or first lien deed of trust deed encumbering a Lot and given for the purpose of funding the construction,purchase and/or improvement of a Residence and/or a Lot. 14. "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a Mortgage. 1 15. "Owner" shall mean the recorded owner of a Lot,whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 16. "Person"shall mean a natural person, a corporation, a partnership,trustee or other legal entity. 17. "Property" shall mean that certain land legally described on Exhibit A attached hereto and such additions thereto as hereafter may be subjected to the terms of this Declaration. 18. "Residence"shall mean the house or other principal residential building located on a Lot. 19. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument or transfer such as a deed or real estate contract. 20. "Structure" shall mean any Residence, building, fence, wall, driveway, patio, garage, storage shed, carport, mailbox, swimming pool, barbecue pit,rockery, dog run or any other structure or improvement of comparable scope or scale to any of the foregoing. ARTICLE TWO MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section 2.1: Development Period. During the Development Period,the Association,the ACC, and all Common Areas shall, for all purposes, be under the management and administration of the Developer. During the Development Period, the Developer shall appoint the three directors of the Association, and may appoint any persons the Developer chooses as directors. At the Developer's sole discretion, the Developer may appoint Members to such committees or positions in the Association as the Developer deems appropriate,to serve at the Developer's discretion and may assign such responsibilities, privileges and duties to the Members as the Developer determines, for such time as the Developer determines. Members appointed by the Developer during the Development Period may be dismissed at the Developer's discretion. Section 2.2: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Property and the Association will be adequately administered in the initial phases of development,to ensure an orderly transition of Association operations, and to facilitate the sale of Lots to homebuilders for the completion of construction of Residences. Section 2.3: Authority of Association After Development Period. At the expiration of Developer's management authority, the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in Article Nine below. Section 2.4: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty,power or function by the Board of Directors or the Developer. 2 ARTICLE THREE MEMBERSHIP Every person or entity who is an Owner agrees to be a Member of the Association by acceptance of a deed for its Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration,and in the Articles and Bylaws. ARTICLE FOUR VOTING RIGHTS Members shall be entitled to one vote for each Lot owned by it. No more than one vote may be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration,or the Articles or Bylaws. Members' votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE PROPERTY RIGHTS IN COMMON AREAS The Association shall have the right and obligation to maintain improvements,vegetation,signage and utilities in and on the Common Areas and the buffer easement referred to in Section 6.3. The Association shall have the exclusive right to use and manage the Common Areas in a manner consistent with this Declaration,the Articles and the Bylaws. ARTICLE SIX MAINTENANCE AND COMMON EXPENSES Section 6.1: Standard of Maintenance—Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and landscaping practices and in compliance with all applicable codes and regulations. Section 6.2: Standard of Maintenance—Lots and Planting Strips. Each Owner hereby covenants and agrees to maintain its respective Lot, the Structures located on its Lot and any strip of land located between the paved street or sidewalk adjacent to Owner's Lot in the same condition as a reasonably prudent homeowner would maintain such person's own home and property so that the Lot and the Structures located thereon will reflect a high pride of ownership. Each Owner shall perform at its expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on its Lot. Section 6.3: Standard of Maintenance — Ten-Foot Buffer Easement at Top of Slope. A ten-foot wide buffer easement has been granted to the Association upon and along the rear of Lots 2 through 14. The Owner of each of these Lots hereby covenants and agrees to maintain that portion of the easement that lies within the respective Owner's lot free and clear of trash or debris and to abide by the restrictions set forth herein. No clearing or grading shall occur within the easement, except that, to the extent permitted in writing by the City of Renton, native vegetation may be removed and replaced with soil stabilizing plants.No construction of structures such as fences or sheds shall be permitted within the easement without the prior written approval of the City of Renton. Representatives of the Association when authorized by the Board of Directors shall have the right to enter upon the easement area to inspect the condition of the ten-foot wide buffer and to ascertain if maintenance or restoration measures are required in order for the Owner to remain in compliance with this Section 6.3. Section 6.4: Remedies for Failure to Maintain. If any Owner shall fail to maintain its Lot or the Structures located thereon in accordance with the requirements of Section 6.2 and Section 6.3 above, the Association may 3 notify the Owner in writing of the maintenance required. If the maintenance is not performed by the Owner within thirty(30)days of the date notice is delivered,the Association shall have the right to enter upon the Lot to provide such maintenance, and to levy an assessment against the non-performing Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non- performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in Article Eight below. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property damage to others,the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Owner of the Lot where the repairs are necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Owner,may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Owner the thirty(30)day notice. Section 6.5: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Owners and shall be referred to as "Common Expenses." The Common Expenses shall be paid by the Association from funds collected from assessments paid by Owners. The Common Expenses shall include, but shall not be limited to,the following: a. The real property taxes levied upon the Association for the Common Areas; b. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas,and for directors and officers of the Association and the ACC; c. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, private roads, signs, lights, fences, walls, street signs, open space tracts, plantings and landscaping(if not maintained by applicable governmental jurisdictions); d. The cost of maintaining the storm drainage system including the detention vault on Tract A and the Outfall Line to May Creek; e. The cost of maintaining and operating street lighting for the Property in the event the responsibility for such has not been assumed by the City of Renton; f. The cost of maintaining landscaped street borders or parking strips in which the Association holds an easement;and g. Any other expense which shall be designated as a Common Expense in this Declaration or from time to time by the Association. ARTICLE SEVEN ASSESSMENTS Section 7.1: Types of Assessments. Each Lot shall be subject to monthly or annual assessments or charges, and certain special assessments, in an amount to be determined by the Association. Section 7.2: Determination of Amount. The Board of Directors of the Association shall determine the amount of assessments necessary to pay Common Expenses. The amount of assessments may be increased or decreased periodically as may be necessary to provide for payment of the Common Expenses. The amount of such 4 assessments shall be equal for all Lots. There shall be no assessment for Lots owned by Developer,without the consent of the Developer. The Association may create and maintain from assessments a reserve fund for replacement of those Common Area improvements that can reasonably be expected to require maintenance or replacement. Written notice of all assessments shall be given to each Owner. If the Board fails to fix an assessment for a fiscal year, the assessment shall be automatically continued at the sum previously set by the Board until such time as the Board acts. Section 7.3: Certificate of Payment. The Association shall,upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section 7.4: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only for the purpose of defraying the cost of any construction or reconstruction and unexpected repair or replacement of facilities in the Common Areas. The Association may, at any time so designated by the Board of Directors, levy a special assessment against all Lot Owners to cover the Association's unreimbursed costs of providing repairs and/or maintenance that are the responsibility of an individual Lot Owner or group of Lot Owners pursuant to the provisions of Section 6.2 and Section 6.3 herein above. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work,prior to the work's commencement,provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment,shall require approval of sixty-seven percent(67%)of the Members. Section 7.5: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38(or successor statute authorizing the imposition of fines)shall be treated as a special assessment of the Owner fined,and may be collected by the Association in the manner described in Article Eight below. ARTICLE EIGHT COLLECTION OF ASSESSMENTS Section 8.1: Lien—Personal Obligation. All assessments,together with interest and the cost of collection, shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attomey's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section 8.2: Delinquency. If any assessment is not paid within thirty(30)days after its due date,the assessment shall bear interest from said date at twelve percent(12%),or, in the event that twelve percent(12%)exceeds the maximum of interest that can be charged by law,then the highest permissible rate as provided for by the law. A late charge of five percent(5%)of the amount overdue shall be charged for any payment more than ten(10)days past due. Each Owner hereby expressly grants to the Association or its agents,the authority to bring all actions against each Owner personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. 5 Section 8.3: Suspension of Voting Rights. In the event any Owner shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Owner's right to vote as a Member shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Owners as may be provided in the Articles,Bylaws or this Declaration. Section 8.4: Commencement of Assessments. The assessments may commence as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the Lot. The first assessment on any Lot shall be adjusted according to the number of days remaining in the month. At the time of each initial sale,the Developer may collect from each Purchaser an amount equal to one year's assessment for the Association, to be placed in the Association's account. Any interest earned by the Association on assessments held by it shall be to the benefit of the Association. Section 8.5: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings,to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights,the prevailing party shall be entitled to its attorney's fees,costs and expenses incurred in the course of such enforcement action as provided in Section 16.5. ARTICLE NINE BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section 9.1: Development Period. The Developer hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. This reserved right shall automatically terminate at the end of the Development Period, or when the reserved right is relinquished to the Board of Directors or the ACC of the Association. Section 9.2: Authority of ACC After Development. At the expiration of the Developer's management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Five herein,and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all the authority granted to the ACC by this Declaration. Section 9.3: Delegation of Authority of ACC. The ACC or the Developer may delegate any of its duties, powers,or functions described in this Article to any person, firm,or corporation. Section 9.4: Appointment of ACC.There shall be three members of the ACC,chosen in the manner described in the Articles and Bylaws. At least two of the three members of the ACC shall also be on the Board of Directors. The Board shall appoint the members of the ACC. If the Board fails to appoint the members of the ACC,or the members of the ACC resign and no replacements assume the office, the Board shall act as the ACC until members of the ACC are appointed and take office. Section 9.5: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no Structure shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such Structure have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further,no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any 6 Structure including,but not limited to,exterior color changes,additions or alterations until such written approval shall have been obtained. The following provisions apply with respect to obtaining the approval of the ACC: a. Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC, or by mail three days after deposit in the U.S. Mail, postage prepaid, certified,return receipt requested,to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment issued by the Board,or at such other address as is designated by the Board by written notice to the Owners. b. Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted,they shall be available to all interested parties upon request. c. Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. d. No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. e. Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the ACC for review. f. Appeals. After the Development Period,the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide,through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion,to limit the scope of such appeals and provide time limitations for appeals to be made to the Board. g. Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted,however,after approval of the Board. h. No Liability. The ACC, its agents and consultants shall not be liable to the Association,to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty,power or function by the ACC. i. Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section 9.6: Temporary Structures Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any other Structure of a temporary or moveable character erected or placed on a Lot shall at any time be used as living quarters except as specifically authorized by the ACC. 7 Section 9.7: Nuisances. No noxious or undesirable thing, activity or use of any Lot shall be permitted or maintained. If the ACC shall determine that a thing, activity or use of a Lot is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 9.8: Limitation on Animals. No animal, livestock or poultry of any kind shall be raised,bred or kept on any Lot, except cats,dogs,birds or fish may be kept if they are not kept,bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Section 9.9: Limitation on Signs. No sign of any kind shall be displayed to public view on any Lot,except one sign,not to exceed 24 inches x 24 inches,advertising the Lot(where posted)for sale or rent by the Owner,or the Owner's agent. In addition to other rights reserved to the Developer in the Declaration, the Developer hereby reserves for itself so long as it owns any Lot,the right to maintain upon the Property such signs as in the opinion of the Developer are required,convenient or incidental to the merchandising and sale of the Lots. All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative,or the Developer. Section 9.10: Completion of Construction Projects. The work of construction of all Structures shall be pursued diligently and continuously from commencement of construction until the Structures are fully completed and painted. All Structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by the Developer,which shall be exempt from the limitations contained in this Section. Front yard landscaping must be completed within 90 days of completion of a Residence, and rear yard landscaping must be completed within two years of completion of a Residence. Except with the approval of the ACC,no person shall reside on any Lot until such time as the Residence to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. Section 9.11: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash,junk or other debris, inappropriate,broken or damaged furniture or plants, nondecorative gear, equipment,cans,bottles, ladders, trash barrels and other such items. No awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Residence or other Structure unless prior written approval shall have been obtained from the ACC. Section 9.12: Antennas. Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Lots if the ACC approves the location of the satellite dish in the manner described in Section 9.5. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the ACC obtained pursuant to Section 9.5, and a showing by the Owner that such installation will be substantially shielded from view of the residents traveling upon streets located on the Property. Section 9.13: Setbacks. No Residence or other building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Property. Section 9.14: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. 8 Section 9.15: Minimum Size., The floor area of any Residence exclusive of any open porches and garages shall not be less than 2,500 square feet. Section 9.16: No Manufactured Housing. Manufactured housing is expressly prohibited. Section 9.17: Fences. Walls. In order to preserve the aesthetics of the Property,no fence,wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the ACC. Unless otherwise permitted by ACC in its sole discretion, fences shall not be installed in front of Residences. Fences installed along the sides of a Lot shall be recessed at least ten (10)feet behind the principal front facade of the Residence on such Lot. Any fence of any size constructed on the Property,whether visible to the other Lots or not,must be constructed and painted (or stained, if applicable) in accordance with the Association guidelines for design and color. The initial color specified for fences shall be"natural". Any fence constructed which fails to conform to the guidelines shall be removed by the Owner, or modified to conform to the guidelines. The Board or the ACC may change these guidelines from time to time, and, upon adoption of a change in the fence guidelines, this Article Nine shall be deemed to have been amended to conform to the new guidelines as adopted. Section 9.18: Residential Use Only: Home Businesses Limited. Except for Developer's temporary sales offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars. A trade, craft business, commercial or business or commercial activity ("Home Business") may be conducted or carried on within any building located on a Lot, provided that any goods, materials or supplies used in connection with any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and that they not be visible from the exterior of the home; nor shall any goods,used for private purposes and not for trade or business be kept or stored outside any building on any Lot. The provisions of this Section shall permit such Home Businesses to the extent permitted by applicable zoning laws and other government laws,regulations,rules and ordinances. Nothing in this Section shall permit(1)the use of a Lot for a purpose which violates law, regulations,rules or applicable zoning codes, or (2) Home Business activities that cause a significant increase in neighborhood traffic, or(3) modification of the exterior of the home. The Association may, from time to time, promulgate rules restricting the activities of Home Businesses located on the Lots pursuant to the authority granted to the Association under this Declaration, the Bylaws,and RCW Chapter 64.38. Section 9.19: Underground Utilities Required. Except for any facilities or equipment provided by the Developer or any authorized utility agency, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section 9.20: Parking of Vehicles. Except as hereinafter expressly provided, the Lots, Common Areas and/or streets located within the Property shall not be used for the storage and/or overnight parking of any vehicle, and each Owner shall use the garage constructed on its Lots for the parking and storage of its vehicles. Boats, boat trailers,house trailers,campers,trucks,trucks with a camper,or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Lots, Common Areas and/or streets located within the Property, except as specified herein. No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed on any of the Lots, Common Areas and/or streets located within the Property unless stored in a garage. Notwithstanding the foregoing, a. One private family automobile,truck, motorcycle or commercial vehicle operated by a person residing at the Lot(provided that such commercial vehicle contains a single rear axle) may be parked on the driveway or on the street for up to 72 hours at a time. b. Private automobiles, trucks, motorcycles and commercial vehicles operated by guests or visitors of an Owner may be parked on the driveway or on the street for up to 72 hours at a time. 9 may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in Article Six, Section Three of this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do: and (e) all acts necessary to enforce this Declaration. Section 10.5: Easement for Developer. Developer shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Property. ARTICLE ELEVEN MORTGAGE PROTECTION Section 11.1: Mortgagees. Notwithstanding and prevailing over any other provisions of this Declaration, the Articles or Bylaws, or any rules, regulations or management agreements, the provisions of this Article Eleven shall apply to and benefit each Mortgagee. Section 11.2: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Article or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section 11.3: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage,the Mortgagee or the receiver,if any,may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote on Association matters as a Member to the exclusion of the Owner's exercise of such rights and privileges. Section 11.4: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of this Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section 11.5: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Lot foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section 11.6: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot and/or any Residences or other structures on such Lot as a construction loan security interest or as a purchase price security interest, and the Association will,upon demand,execute a written subordination document to confirm the particular superior security interest. Section 11.7: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to: (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety(90)days following the end of any fiscal year; and(c)receive written notice of all meetings of the Association and designate a representative to attend all such meetings. 11 Section 11.8: Limitation on Abandonment of Common Areas. The Association shall not, without prior written approval of sixty-seven percent(67%)of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of such Common Areas. Section 11.9: Notice. If such notice has been requested in writing,Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Residence subject to its Mortgage or of any part of the Common Areas or facilities; (b)any condemnation or eminent domain proceedings involving a Lot subject to its Mortgage or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by the Owner of a Lot subject to its Mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owned by the Owner of any Lot subject to its Mortgage, (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association;and (f)any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Common Areas or Property, or any other contract providing for services by the Developer must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN INSURANCE Section 13.1: Coverage. The Association may purchase as a Common Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board,the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified(including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Mortgagees that have requested notice. Section 13.2: Replacement,Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association,the Association may,upon receipt of the insurance proceeds, and to the extent of such proceeds,contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of sixty-seven percent(67%) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Commons Areas. 12 ARTICLE FOURTEEN RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Lots, the Common Areas and the balance of the Property and the personal conduct of the Owners and their guests thereon,and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN REMEDIES AND WAIVER Section 15.1: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Owner for and on behalf of the Association, the ACC, or Developer,are in addition to,and not in limitation of,any other remedies provided by law. Section 15.2: No Waiver. The failure of the Association, the ACC, the Developer or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with this Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of this Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of this Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN GENERAL PROVISIONS Section 16.1: Singular and Plural. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals,men or women,shall in all cases be assumed as though in each case fully expressed. Section 16.2: Severability. The invalidity of any one or more phrases, sentences,clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part hereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases,sentences,clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence,clause,paragraph,or section had not been inserted. Section 16.3: Duration. These covenants, restrictions, reservations and conditions of this Declaration shall remain in full force and effect for a period of twenty(20) years from the date hereof. Thereafter,they shall be deemed to have been renewed for successive terms of ten (10) years, unless revoked or amended as herein provided. Section 16.4: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one(21)years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed,whichever is later. 13 Section 16.5: Attorney's Fees, Costs and Expenses. In the event the Association, a Member or the Developer employs an attorney to enforce any provision of the Declaration,the Articles,Bylaws of the Association,or rules and regulations adopted by the Association,the prevailing party in any action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and all expenses incurred in the action, whether determined by judgment,arbitration or settlement. Section 16.6: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered,deposited in the United States mail,postage prepaid,or when transmitted by facsimile. Section 16.7: Enforcement of Declaration. This Declaration may be enforced by the Association,the Developer or the Owner of any Lot. Such enforcement may include the institution of legal proceedings to enforce compliance with or specific performance of any of the covenants or restrictions contained in this Declaration, rules and regulations adopted by the Association,or the provisions of the Articles or Bylaws. Section 16.8: Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of the Developer and the Owners. Section 16.9: Exhibits. All exhibits referred to in this Declaration are incorporated within it. ARTICLE SEVENTEEN AMENDMENT AND REVOCATION Section 17.1: Exclusive Method. This instrument may be amended,and partially or completely revoked only as herein provided or otherwise provided by law. Section 17.2: Amendment by Developer. During the Development Period, the Developer may amend this instrument to make additional real property subject to this Declaration and to comply with the requirements of the Federal National Mortgage Association, Government National Mortgage Association, Veterans Administration or Federal Home Loan Mortgage Corporation by recording an acknowledged document setting forth specifically the provisions amending this instrument. Section 17,3: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten(10)days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent(51%)of all Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws,including any of the following: a. Voting rights; b. Assessments,assessment liens and subordination of such liens; c. Reserves for maintenance,repair and replacement of Common Areas; d. Insurance or fidelity bonds; e. Responsibility for maintenance and repair; 14 f. Contraction of the Property or the withdrawal of Lots, Common Areas or other property from the Property; g. The boundaries of any Lot; h. Leasing of Residences other than as set forth herein; i. Imposition of any restrictions on the right of an Owner to sell or transfer such person's Lot. k. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 1. Restoration or repair(after hazard damage or partial condemnation) in manner other than that specified in this Declaration; m. Any action to terminate the legal status of the Property after substantial destruction or condemnation occurs;or n. Any provisions which are for the express benefit of Mortgagees. Section 17.4: Effective Date. Amendments shall take effect only upon recording with the Recorder or Auditor of the county in which this Declaration is recorded. Section 17.5: Protection of Developer. For such time as Developer shall own Lots located on the Property there shall be no amendments to this Declaration, the Articles, the Bylaws, or any Rules and Regulations adopted by the Association which: a. Discriminate or tend to discriminate against the Developer's rights; b. Change Article One("Definitions")in a manner which alters the Developer's right or status; c. Alter the character and rights of membership or the rights of the Developer as set forth in Article Three; d. Alter its rights as set forth in Article Nine relating to architectural controls; e. Alter the basis for assessments,or the Developer's exemption from assessments; f. Alter the number or selection of Directors as established in the Bylaws;or g. Alter the Developer's rights as they appear under this Article. END OF DECLARATION PROVISIONS 15 EXHIBIT A • TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS& RESTRICTIONS OF BROOKRIDGE Legal Description of Property Lots 1 through 18 of the Plat of Brookridge, recorded in the Office of the County Auditor, King County,Washington,under file number A-1 EXHIBIT B TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS&RESTRICTIONS OF BROOKRIDGE Depiction of Lots and Common Areas Include NGPE in this description. B-1 EXHIBIT C TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,EASEMENTS& RESTRICTIONS OF BROOKRIDGE Legal Description of Private Road Easement C-1 [TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 08-01-2002 Land Use Actions RECEIPT Permit#: LUA02-088 Payment Made: 08/01/2002 09:09 AM Receipt Number: R0204369 Total Payment: 1,000.00 Payee: CQ ENTERPRISES INC 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 #1021 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 iew .00 50111 000.345.81.00.0008 Prelim/TentativevPlat �EVELOPMENT PLANNING .00 CITY OF RENTON 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD AUG 0 t 2(� ; .00 .00 n,� 5014 000.345.81.00.0011 Grading & Filling Fees 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 Remaining Balance Due: $0.00