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LUA02-016
SEE D R wi N G(s) • Return Address: 11111111111111111111111101 City Clerk's Office I! t1111RENTON BS 1055 South Grady Way PAGE 001 OF 002 20.00 Renton,WA 98055 08/09/2002 10:27 KING COUNTY, WA BILL OF SALE A S .(2 c Property Tax Parcel Number://.Z cc76°71.S� Project F,Je I#: // Street Intersection: A it, .Address:,moo411 Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantors): Grantee(s): CT' 1.L / e/274S av4 C /2RL. City of Renton, a Municipal Corporation 0 2. era,( 3 k vtn to a IZe!/1 e ��' The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to `7' the Grantee,as named above,the following described personal property: c:, WATER SYSTEM: Length Size Type m o L.F.of Water Main L.F.of Water Main L.F.of Water Main . each of " Gate Valves each of " Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type /(.qp L.F.of g " " P V ..' Sewer Main L.F.of Sewer Main L.F.of Sewer Main 62 each of 48 " Diameter Manholes each of " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Length Size Type /7(c,0 L.F.of /2 ' Storm Line L.F.of = Storm Line L.F.of Storm Line ,;Z each of q " " S,� ��,f torm Inlet/Outlet 3 each of el�'' " _ Q Storm Catch Basin each of y'` " pe / Manhole STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk 2— c2O L.F. Asphalt Pavement: `- (NO SY or L.F.of Width STREET LIGHTING: #of Poles By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. g?ec 20zY2 w Obl.et H:\FILE.SYS\FRM\84HNDOUT\BILLSALE.DOC\MAB Page 1 • Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand and ss I the day and year. ritten below. - • e. ,e !�� INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) / S. ply' I certify that I know or have satisfactory evidence that 012114I y r"' ('/ .4\0111�c•• .t-B f v signed this instrument and � '�`� �'°%°• e/ ac wledged it to be his/her ei ee and voluntary act for the uses and purposes sCc ;` •4OTARY9: �/ 0 �� Z enti ned in the instrument ,Ucr) / PUBLIC• �+Pll`S'�,9••R y 5:o'• a 'Notary Public i d for the State of.Washh gton OF • Notary(Print) the C�Ca S T a G / A My appointment expires: ��/ f a Dated: ry%, ep REPRESENTATIVE FORM OF ACKNOWLEDGMENT c=a Notary Seal must be within box STATE OF WASHINGTON )SS c 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 G acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) _ On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: ' . . Ota-013bt dkci Page 2 • Return Address:. City Clerk's Office City of Renton 1055 S. :Grady Way 1111111111111111011111111111111111111111 Renton WA 98055 20020731003107 CITY OF RENTON DPC PAGE 001 OF 030 48.00 07/31/2002 14:48 KING COUNTY, WA Please print or type information Document Title s): /� Dec(4 r t®✓l d_/'��- Cc,uenapd-s Ccsc9G�r io ' / J/ - e t l4+ ©T A n ey . J!�r o kF >7S 4nc� �PS!`/ic�`ioir$ 02 Reference Number(s)of Documents assigned or released: [on page of document(s)] if)(/)- Grantor(s)'(Last name first,then first name and initials): 1. ,T5 2JC', 7X04aS 2. 2) srXecrY CD 3. 57 'ri/ 6 e r4/ a ,a'K e ei-f ke it r C 4. 0 Additional names on page of document rm ... Grantee(s) (Last name first,then first name and initials): Z. !4a b/ic �- �?$(/ a7C / ,l?c 11 3.l ) 4. ❑ Additional names on page of document C..) Legal Description (abbreviated: i.e. lot,block,plat or section,township,range): CNA CD �( SE . � /o - z3>v --©sue ( • ❑ Additional legal is on page l of document Assessor's Property Tax Parcel/Account Number: 1 • 76923 ;O5— 9635- --o 6, j. . /o 2 3 OS -7 •_c�6 • ❑ Additional legal is on page of document The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 9� Ca C4 DECLARATION ) OF CD COVENANTS, CONDITIONS, C AND RESTRICTIONS CD FOR THE PLAT OF HONEY BROOKE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF HONEY BROOKE THIS DECLARATION is made on this day of , 2002,by Thomas C. Foster and Maryl C. Foster, husband and wife and Gerald L. Stump and Kellie C. McNett, husband and wife as owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this CD Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to Ca the provisions of this Declaration to create a residential community of single-family housing C) (as "single family"is defined below) and related uses as set forth in Section 6.2 hereof ``` ) NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the D covenants,conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with CNI the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration(unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Honey Brooke Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or"Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 2 • 1.1.3 "Bylaws" shall refer to the Bylaws of the Honey Brooke Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such CD determination, however, shall generally be made with reference to the standards originally Fr established by the Declarant. CD 1.1.7 "Declarant" shall mean and refer to Thomas C. Foster and his C a successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold ro portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the"Declarant"hereunder by the grantor of such conveyance,which grantor shall be the"Declarant"hereunder at the time of such conveyance; provided, further, upon Ca such designation of such successor Declarant, all rights of the former Declarant in and to such ir,LD status as "Declarant"hereunder shall cease, it being understood that as to all of the property CN1 described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant"hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five (5) years from the date of recording of this Declaration; or(ii)the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or(iii)the date 120 days after Declarant has conveyed 75% of the lots within the plat. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 3 1.1.11 "Mortgage"means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. CD CD 1.1.15 "Person"means any natural person, as well as a corporation,joint venture,partnership (general or limited), association, trust, or other legal entity. C1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults cp who are legally unrelated. 1.1.17 "Supplementary Declaration"means an amendment or supplement to ice-_ pp rY pP CD this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land CD described therein. 1.1.18 "Total Association Vote"means all of the votes attributable to members of the Association(including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is,by the recording of this Declaration, subject to the covenants,and restrictions hereafter set forth and which,by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOTS 1 THROUGH 25, INCLUSIVE, AND TRACTS A AND B OF HONEY BROOKE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES AND RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 4 Common Areas: Tract A is a Sensitive Area Tract that is owned and maintained by the Association. Tract B is a Recreation Area Tract that is owned and maintained by the Association. Any drainage/stormwater facilities shown on the recorded plat as being maintained by the Association. ARTICLE 3 HONEY BROOK HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the 1; duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent •y with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association �r until termination of the Development Period. Each Owner,by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1)membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any 5 meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature,kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. f 3.5.1 The ACC shall consist of not less than one (1)nor more than three (3) CD members,'who need not be Owners. So long as the Declarant owns any property for C'`y development and/or sale in the Community, the Declarant shall have the right to appoint or „o remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right; the Board shall appoint the members of the ACC. The Declarant has named John Merlino, whose address is 1010 S. 336th Street, Suite 305, Seattle, Washington 98003 as the sole member of the ACC. CD 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR,NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD,NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, 6 ' NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS,DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT,NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws,Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws,rules and regulations governing the -a„ Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the gr,..., Association and may prescribe penalties or fines for their violation. Any such bylaws,rules r and regulations shall become effective thirty(30) days after promulgation and shall be mailed E7"-, to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the CNA Board may adopt the initial bylaws, rules and regulations. CD ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and(iii) specific assessments established pursuant to the terms of this Declaration, including,but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen 7 percent (18%)per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including,without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall,within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such Wiz= certificate shall be binding upon the Association as of the date of issuance. t ��=a 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless C) otherwise:provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the corning year and the assessments to be levied against each Lot, which may include an amount for capital CD reserves in accordance with a capital budget separately prepared. The Board shall cause a C\J summary of the proposed operating and capital budgets and the proposed assessments against C.) each Lot for the following year to be mailed to each Owner. The Board shall set a date for a `-D special meeting of the Owners to consider ratification of the budget within thirty(30) days after adoption by the Board and not less that fourteen (14)nor more than sixty(60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent(75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified,whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total 8 Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for(a) liens for ad valorem taxes; or(b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein,whether or not prior consent is specifically set forth in the instruments creating such ��. liens or encumbrances. CD ) 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any N; assessment or installment thereof delinquent for a period of more than ten(10) days shall C:. incur a late charge in an amount as the Board may from time to time determine. The CD Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty(30) pc) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set '„ by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other (NI amounts provided or permitted by law. CD ' 4.7.1 In the event that the assessment remains unpaid after sixty(60) days, C' the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 , No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration,but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 9 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty(30) days, said Owner's voting rights shall, without the necessity of any further action by the Association,be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments,'including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments �,. outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to r the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain the plat drainage/stormwater facilities ds shown on the face of the recorded plat as being maintained by the Association. The Association is responsible for payment of the electric bill for the street lights. The Association shall have the right, but not the obligation to maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property,whether or not owned by the Association and whether within or without the Community, where the Board has determined that such 10 ' maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures,parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof,who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance,by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder,the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance,repairs, or replacement deemed necessary. The Owner shall have ten(10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten(10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas shall be appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying 11 title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the . duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive.Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration,there shall be no right or easement of ingress and egress,use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article,beginning at Section 6.2, sets CD out certain use restrictions which must be complied with by all Owners and Occupants. These C) use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition,the Board may, from time to time,without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed Cr to all Owners and Occupants prior to the date that they are to become effective and shall C\J thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. (N 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances,rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style,height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 12 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6)months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers N . to this requirement, the ACC will consider functional necessity and architectural desirability. CD CD 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. t) �. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) CD feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by \i the ACC,which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone,brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling,must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 Existing Residence. Intentionally Omitted. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including,without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent 13 with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term"vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks,buses, motor homes,mobile homes,boats,jet skis, trailers,portable aircraft,motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an '„'"` unapproved area or for longer than twenty-four(24) consecutive hours shall be considered a nuisance and may be removed from the Community. C .�a 6.6.2 No passenger vehicles maybe parked on any Lot or portion of the Community except in"parking areas" as defined in this Section. CD 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not (N capable of use on the public highways and which is parked on any parking area for a period of CD more than forty-eight(48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. CN 6.6.4 The•Board may adopt and maintain current rules and regulations' concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3)passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 14 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3)months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. CD Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all --' times and shall be registered, licensed and inoculated from time to time as required by law. 1� 6.11 Mining Prohibited. No portion of the Community shall be used for the �., purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, , minerals, gravel, or earth. CD 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, C‘.i in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit,noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren,bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot 15 outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty(60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves CD for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure,planting, or other material shall be placed or CD permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall,hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight CN problem as determined by the ACC in its sole discretion. C) 6.17 Garbage Cans, Woodpiles,Etc. All garbage cans,woodpiles, air- C\6 conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms"includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for 16 temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. C .r. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association C) in designated locations. N) 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any _ Lot unless entirely screened from view from other Lots. C) CN 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended 17 ' coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. CD 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse r'r Declarant for the cost thereof, and Declarant shall be authorized,but not obligated,to Ca; purchase such insurance coverage for the benefit of the Association and the Owners upon CD Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. ['0 Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or CD otherwise arranged to obtain the required insurance coverage through the Declarant. C) 7.1.4 Premiums for all insurance shall be common expenses of the CD Association. The policies may contain a reasonable deductible, and the amount thereof shall C not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no 18 • Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional CD insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of CD this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with C.i all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction—Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty(60) days after the casualty, at least seventy-five percent(75%) of the Total Association Vote otherwise 19 agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty(60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots cp owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by C\J the Association in a neat and attractive condition. 7.6 Damage and Destruction—Insured by Owners. The damage or destruction (" by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty(60) days after such taking, at least seventy-five percent(75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern 20 replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association(such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot CD with respect to the following: Ns-) 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, CT; insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. C) 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be CD construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration,Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 21 • 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and C) egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for CD the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; C C` , 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 22 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee CD gnee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or (;') easement by separate recordable document, the Board shall have the right to grant such easement. Nq 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property,reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described in Article 2 of 23 ' this Declaration, including,but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways,parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone,natural gas,water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers,model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or �.` such builder or developer as model residences and sales offices. Rights exercised pursuant to ) such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and N.,;; damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. • N) ARTICLE 11 GENERAL PROVISIONS C N4 C) 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully C NI amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration,the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case,by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the storm water facility as shown on the plat and the wetland and buffer area contained in Tract A. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns,perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of 24 this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years,unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community)has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or(b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from Cos) time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or • governmental lender or purchaser of mortgage loans, including, for example, the Federal Cam, National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or(iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose;provided,however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the maintenance requirements for the storm water facility as shown on the plat and the wetland and buffer area contained in Tract A without prior written approval from the City of Renton. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof 25 without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid,but if the application of any provision 7, of this Declaration to any person or to any property shall be prohibited or held invalid, such ..� prohibition or invalidity shall not affect any other provision or the application of any provision ? which can be given effect without the invalid provision or application, and,to this end,the CD provisions of this Declaration are declared to be severable. CD 11.7 Captions. The captions of each Article and Section hereof, as to the contents fi() of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular CD Article or Section to which they refer. CD 11.8 Perpetuities. If any of the covenants, conditions,restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule C\J against perpetuities, then such provisions shall continue only until twenty-one (21)years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance,malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 26 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any .., ; institutional holder of a first Mortgage and upon payment of all necessary costs, such holder rtr) shall be entitled to receive a copy of such financial statement within ninety(90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing,prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner C\I shall give the Association, in writing, the name and mailing address of the Owner and such CD other information as the Board may reasonably require. C 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to .it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the 27 • Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration(including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii)proceedings involving challenges to ad valorem taxation, or(iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. Owner: C. CD Thomas C. Foster May Foster-.. r NO C) Gerald L. Stump Kelli C. cite tt'� C` CD f) State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that Thomas C. Foster and Maryl C. Foster are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dat • / /40, --CPI' S. er)‘‘ S ssioNF•qC' 0 Notary Public in and for the Stat of Washington cc.c 0TAR ; c1 I° Residing at: ���� 2L✓ ® • m? Printed Name: heG`'e S CE 6- 6r e PUBLIC• m , My Appointment Expires £/jen3 BAD�'•.g 5 03 �i 1a 4.,WASN\N 28 State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that Gerald L. Stump and Kellie C. McNett are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp.),,,,,, // cb�G ss+N• �0,9 11)1 0 /2-t • ;0 0C)TAR y m o / Notary Public in and for the State of Washington ; '• o ""�` 2 Residing at: E,1- n2. 4 1 • PUBLIC • Printed Name:'gib e(,G S yea c.ee i'✓ 0t)�9 s 3 •°• o�% My Appointment Expires 1// Qoa,o0WASVO CD N 29 I/ CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 29,2002 TO: Gregg Zimmerman,Administrator FROM: Arneta Henninger X7298 it c SUBJECT: MCTIGHE(AKA HONEY BROOKE)FINAL PLAT LUA 02-016 NE 4TH PL AND ILWACO AVE NE The above plat has been approved by the Council. All fees have been paid. The construction permit has been signed off. The AsBuilt mylars, have been submitted. Technical Services has signed off on the project. The attached mylars are submitted for your signature. The yellow file is attached for your use. If you have any questions please call me. Thank you. cc: Kayren K. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 22,2002 TO: Bob Mac Onie Sonja Fesser,Technical Services FROM: Arneta Henninger,X7298 4 ic:‘ SUBJECT: MCTIGHE FINAL PLAT LUA 02-016FP NE 4TH ST AND ROSARIO AV NE FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title Date Approval: (Ai GL) . ( eppfh Name title Date cc: Yellow File CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: July 15,2002 TO: Carrie FROM: Arneta H.X7298 SUBJECT: MCTIGHE(HONEY BROOKE) Attached is a mylar on the above project from WD 90. Please update our records. Thank you. cc: [Click here and type name] Document2lajh c L ' PROPERTY WICES FEE REVIEW FOR SUBDI EONS No. 2000 -o,7a0. JA1,IICE APPLICANT: Mr7-Irl-{ k w11.,I ,J& ii t VIF?e 1J-1IA 1,.bF}I..1) RECEIVED FROM (date) JOB ADDRESS: 5? 3 F. 52Sp k 4-T}j. nTpi - WO# 757. 1 NTURE OF WORK:25 Lc 1 QL1 l 1 icTl 4 1D dT rig.d-77 C �,ca r)LND# 10-0 op PRELIMINARY REVIEW OF SUBDIVISION B LONG PLAT, NEED MORE INF RMATION: ❑ LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN,ETC. ❑ PH)#'s ❑ VICINITY MAP ❑ FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES 0 SQUARE FOOTAGE ❑ OTHER .. PRELIMINARY FEE REVIEW DATED q/2.G/oo ❑ FRONT FOOTAGE ❑ SUBJECT PROPERTY PARENT PID# 102 5-903�j NEW KING CO.TAX ACCT.#(s)are required when -9167 assigned by King County. It is the intent of this development fee analysis to put the developer/owner on notice,that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements(i.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. Cl The existing house on SP Lot# ,addressed as has not previously paid 1 SDC fees,due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be i ?,OS,` subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. (->`. O We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. %t. The following quoted fees do NOT include inspection fees,side sewer permits,r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMENT DISTRICTS I NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt)WATER Latecomer Agreement(pvt)WASTEWATER( OC la 3,4 z l i (520'act) A;t 3 8,G�Z3I.GL7.S(nr1'ro Latecomer Agreement(pvt)OTHER SZj ' • Special Assessment District/WATER V' o`b 7,305.21 r F1 I GcnC,Z $22�.5Z X. UUi rst7 _ "it) Ss Special�e tent District/WASTEWATER -1- II..9-EP��✓5' Ao M1l4 Joint Use Agreement(METRO) `0�� Local Improvement District v0 0� Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION �-, 1 FUTURE OBLIGATIONS I I SYSTEM DEVELOPMENT CHARGE-WATER 0 Estimated #OF UNITS/ SDC FEE ❑Pd Prey. 0 Partially Pd(Ltd Exemption) 0 Never Pd SQ.FIG. Single family residential$850/unit x ,ice WATER . "--M\/IC(=-c)bk_ Mobile home dwelling unit$680/unit in park _P1=‘0"/1'b 'ell WATEP3 Apartment,Condo$510/unit not in CD or COR zones x 'bl. 1 i-iICI- 90 Commercial/Industrial, $0.113/sq.ft.of property(not less than$850.00)x Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER 0 Estimated /of 5 '�G..A ❑Pd Prey. 0 Partially Pd(Ltd Exemption) 0 Never Pd (y- Single family residential$585/unit x Z5 t 1!. 6z-r,�.00 . Mobile home dwelling unit$468/unit x Apartment,Condo$350/unit not in CD or COR zones x Commercialulndusutrial$0.078/sq.ft.of property x(not less than$585.00) oWJ=S -A/c:,o SYSTEM DEVELOPMENT CHARGE-SURFACEWATER 0 Estimated ❑Pd Prey. 0 Partially Pd(Ltd Exemption) 0 Never Pdn Qn(3@g°vU Single family residential and mobile home dwelling unit$385/unit x V 4 —. All other properties$0.129sq ft of new impervious area of property x (not less than$385.00) I PRELIMINARY TOTAL $*1 TAL To tm Nls- t� �l, t a /* #1 LJ._1=-V IW /%3/e a 9/ZFt/Oio AT-i rll-�-PXY � t� Signal of Rb4iewing Authority 44- DATE fD o w a n o ❑ *If subject property is within an LED,it is developers responsibility to check with the Finance Dept.for paid/un-paid status. 3 ❑ Square footage figures are taken from the King County Assessor's map and are subject to change. m 0 (53 ❑ Current City SDC fee charges apply to N. fil to 0 o c:/template/feeappl/tgb EFFECTIVE July 16, 1995/Ord.Nos.4506,4507,4508,4525, and 4526 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 07-24-2002 Utility Services Permit RECEIPT Permit#: U010137 Payment Made: 07/24/2002 10:50 AM Receipt Number: R0204185 Total Payment: 23,480.00 Payee: FOSTER, THOMAS Current Payment Made to the Following Items: Trans Account Code Description Amount 4040 421.388.10.00.0020 Spec Util Connect Sewer 14,625.00 4069 421.388.10.00.0040 Spec Util Connect Stormw 8,855.00 Payments made for this receipt Trans Method Description Amount Payment Check #1169 23,480.00 Account Balances Trans Account Code Description Balance Due 3954 604.237.00.00.0000 Special Deposits .00 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 4045 421.388.10.00.0031 Spec Assmt Dist, Sewer .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 Construction Permit Permit Number: U 010137 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: SEWER,STORM &ROADWAY FOR PLAT Job Address: 5200 NE 4TH ST 4.77 COURT PLAT-25 LOTS Owner: C.T.FOSTER/G.L.STUMP 11606 SE 219TH PL KENT,WA 98038 Contractor: ANDERSON RICHARDSON HARTLEY Contractor License: ' ANDERRH037QC 14400 BEL-RED RD#203 Contractor.Phone: 425-644-9505 BELLEVUE,WA City License:' -- 0100 98007 Contact: C.T.FOSTER/G.L.STUMP Contact's Phone: 206-459-9343 Other Information: Date of Issue 02/14/2001 Work Order 78731 Date of Expiration 08/13/2001 Parcel Number 1023059167 Date Finaled _/ /o Inspector's Name �,�/n� Inspector's Phone 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 dayy 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 0)YiALCiex V 4/6/ . Applicant Pubhc Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. ENG0112/00 bh p CITX OF RENTON City Clerk Jesse Tanner,Mayor Bonnie I.Walton July 2, 2002 C. Thomas Foster and Gerald L. Stump Langley Development Group 6450 Southcenter Blvd, #106 Seattle, WA 98188 Re: McTighe Final Plat, File No. EUA-02-016;F13-: aka Honey Brooke Preliminary Plat; File No. LUA 00-114,PP Dear Mr. Foster and Mr. Stump: At the regular Council meeting of July 1, 2002, the Renton City Council approved the referenced final plat by adopting Resolution No. 3577. 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, 6 tA-iJ.Z aL6vt-' Bonnie I. Walton City Clerk Enclosures cc: Mayor Jesse Tanner Council President Toni Nelson - Arneta Henninger,Development Services Division C.Thomas Foster&Maryl C.Foster,20840 SE 118th St.,Issaquah,WA 98027 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON tThis paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE July 1,2002 Renton City Council Minutes Page 264 SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwoman Keolker-Wheeler requested that pictures of the art be displayed at the July 8th Council meeting. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3577 A resolution was read approving the McTighe (also known as Honeybrooke) Plat: McTighe(Honeybrooke), Final Plat consisting of approximately 4.67 acres located in the vicinity of NE NE 4th P1 &Ilwaco Ave NE 4th Pl. and Ilwaco Ave. NE(FP-02-016). MOVED BY KEOLKER- (FP-02-016) WHEELER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3578 A resolution was read updating the City's Six-Year Transportation Transportation: Six-Year TIP Improvement Program(TIP),2003—2008. MOVED BY PERSSON, (2003-2008) SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3579 A resolution was read rescinding a development agreement dated January 4, Development Services: Boeing 2001,between The Boeing Company and the City of Renton, and authorizing Longacres Office Park the Mayor and City Clerk to execute an updated development agreement with Development Agreement The Boeing Company for future development of Longacres Office Park. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#4975 An ordinance was read amending Chapters 4-8 and 4-9 of Title IV Planning: Title IV (Development Regulations)of City Code to implement RCW(Revised Code of Development Regulation Washington) 36.70A.470 governing development regulation amendment cycles. Revision Process MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4976 An ordinance was read relating to the waterworks utility of the City,including Finance: Bond Issuance,Water the sewerage system as a part thereof;providing for the issuance of &Sewer Projects $11,980,000 aggregate principal amount of Water and Sewer Revenue Bonds, 2002, of the City for the purpose of obtaining the funds with which to pay the costs of carrying out certain capital improvements of the waterworks utility; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson&Co., Seattle, Washington. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, Budget: 2002 Amendment, COUNCIL INSTRUCT ADMINISTRATION TO PREPARE AN Additional Police &Fire ORDINANCE FOR FIRST READING AT THE JULY 8, 2002, COUNCIL Department Positions MEETING ADDING TWO STAFF POSITIONS: AN EVIDENCE TECHNICIAN TO THE POLICE DEPARTMENT AND A SECRETARY 1 TO THE FIRE DEPARTMENT.* Councilman Parker expressed his preference for adding the evidence technician and crime analyst positions as those positions are part of the long-range forecast July 1,2002 Renton City Council Minutes Page 259 -CAG: 02-096, Sunnydale City Clerk reported bid opening on 6/25/2002 for CAG-02-096,Sunnydale Downstream Storm System Downstream Storm System Replacement Project; six bids; engineer's estimate Replacement,Harborside Inc $144,986.88; and submitted staff recommendation to award the contract to the low bidder,Harborside,Inc., in the amount of$116,416. Council concur. Plat: McTighe(Honeybrooke), Development Services Division recommended approval, with conditions,of the NE 4th PI&Ilwaco Ave NE McTighe Final Plat(also known as Honeybrooke); 25 single-family lots on 4.67 (FP-02-01�_ acres located in the vicinity of NE 4th Pl. and Ilwaco Ave. NE(FP-02-016). Council concur. (See page 264 for resolution.) MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Removal of Item Laid on MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL SUSPEND Table at Council Meeting of THE RULES AND TAKE FROM THE TABLE RECONSIDERATION OF June 24,2002 THE ORDINANCE ADDING THE POSITIONS OF CRIME ANALYST, EVIDENCE TECHNICIAN AND A COMMISSIONED OFFICER TO THE POLICE DEPARTMENT,AND A SECRETARY 1 TO THE FIRE DEPARTMENT(LAID ON THE TABLE AT THE JUNE 24, 2002, COUNCIL MEETING). CARRIED. Budget: 2002 Amendment, Councilman Parker conducted a presentation,prepared with the assistance of Additional Police&Fire City staff and Councilman Corman, in support of the Public Safety Committee Department Positions minority report presented at the June 10th Council meeting,recommending that Council authorize the addition of the crime analyst and evidence technician positions to the Police Department. He explained that this issue is being discussed tonight due to the Mayor's veto of the above stated ordinance submitted at the June 24th Council meeting. Stating that five positions have been added in 2002: two police officers,two school resource officers and an animal control officer,Mr. Parker detailed the staffing history of the Police Department as well as commissioned officer growth since 1998. Mr.Parker reviewed the duties and responsibilities of the Police Chief. He stated that the remaining 2002 staffing priorities are the addition of the evidence technician and crime analyst positions, and explained why these positions are important and how they will benefit the Police Department. Mr. Parker discussed the response times for calls for police service,class one crimes, the number of officers per 1,000 of population,minimum and maximum patrol staffing, and how Renton compares with other jurisdictions in these categories. In addition,he listed the types of calls that merit an emergency or priority-one response,pointing out that emergency response calls,which are a part of priority-one calls, are responded to in less than one minute. Continuing,Mr. Parker reviewed Renton's financial situation, and noted that it is not a good time to add more positions in addition to the analyst and technician positions,due to the slowing economy and declining revenues. Stating that public safety is important,he pointed out that facilities and amenities such as the Farmers Market,Performing Arts Center, Skate Park and swimming pool all contribute towards public safety. In addition,Mr.Parker indicated that the City's budget policies which state that: ongoing operations shall be funded from ongoing revenue, operating revenue and expenditures shall be monitored and adjusted if necessary to ensure expenditures do not exceed revenues over time, and revenue shall be conservatively projected,are a guideline that the City should adhere to. k. CITY OF RENTON COUNCIL AGENDA BILL Al #: • c . Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board. Development Services Division July 1, 2002 Staff Contact... Arneta Henninger x7298 Agenda Status Consent X Subject: Public Hearing... MCTIGHE FINAL PLAT aka Honey Brooke Correspondence.. File No.: LUA 02-016FP (Preliminary Plat LUA 00-114) Ordinance 25 single family lots on a 4.67 acre site in the vicinity of Resolution X NE 4th PI and Ilwaco Av NE. Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions.... 2. Staff Report and Recommendation dated June 24, Information 2002. Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.67 acres into 25 single family residential lots with sanitary sewer, storm drainage, curb and gutter, street lighting, sidewalks and (WD 90) water. Design and construction of utilities, lighting, and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the McTighe Final Plat, LUA 02-016FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. AGNBILL.DOT/ DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LANGLEY DEVELOPMENT C.T.Foster McTighe Final Plat (also called Honey Brooke) (LUA 00-114 PP) File: LUA 02-016FP LOCATION: NE 4th P1 and Ilwaco Av NE Section 10,Twp.23 N.Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 25 single family residential lots with sewer, storm, streets,lighting and water. 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,Langley Development,filed a request for approval of a 25 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on September 26,2000,for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 4th PI and Ilwaco Av NE. The new plat is located in Section 10,Twp.23 N.Rng. 5 E. 6. The subject site is a 4.67 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on December 18,2000. 8. The site has a R-8 (Single Family)land use zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 2) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 3) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 4) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 5) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 6) The applicant will provide field-tested certification that a fire hydrant with 1000 GPM fire flow is located with 300 feet of all new single family structures. 7) The Traffic Mitigation fee will be paid prior to recording the plat. 8) The applicant has followed the mitigation recommendations of the traffic engineer. 9) The Fire Mitigation Fee will be paid prior to recording the plat. 10) The Parks Mitigation Fee will be paid prior to recording the plat. 11) The applicant has followed the recommendations of the geotechnical engineers, Geospectrum Consultants,Inc.to the satisfaction of staff. 12) The applicant followed the recommendation of the wetland biologist as required. 13) The applicant has established a Homeowners' Association for the maintenance of all common improvements including stormwater facilities,recreation area and wetland tract, to the satisfaction of staff. 14) Roads having paved areas of 28 feet shall be signed on one side of the street as 'No Parking' prior to recording the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The face of the plat contains language regarding Tract A as a wetland and Tract B as a recreational open space and development is precluded. 3) The applicant installed a sign at the end of the dead-end public street to notify residents and the public that Jericho Ave NE may become a through street at some time in the future. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. 2) All fees shall be paid prior to recording the plat. SUBMITTED THIS 24TH DAY OF JUNE,2002 itizczri, ,, DEVELOPMENT SERVICES DIVISION 2 MCTIGHEFP.DOC/ HONEY BROOKE LEGAL DESCRIPTION THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 30 FEET OF THE WEST 30 FEET THEREOF FOR ROADWAY AND EXCEPT THE SOUTH 42 FEET OF THE EAST 300.28 FEET THEREOF FOR ROADWAY • - —iaoroe'ert140TH AVE S.E.mxes'�wa-� _ IsY �� �p o 92E3EE2EEB$casatmeaa10A cacI - gif i 40,/ P. :11 :1 1 qiki4i1:11411111111114 iiill 8 :" d cz u C J �`/ 4 b aeYsyagu �SiiBa elszgI e�sl $ il Z 3 zA yia Ii : li 1 • I I mm sr.n 7,1 WO saw a.f��rVe [..w axw TRACT B N c q�� sd I I rp �pp b,,a or 3 ,,,•rw 4 Q'g , Si A W I I N N i I I'�gN; N • ,r. .. II II�yj,N.� 171 x o fA = o 4 Xi " l � ^ a I " A I I !N cal [ • •R ram . o" I -mar---a[nr-�'Zfor I �%a D .r--iG7i N I I iggii r�. 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(^I S.c:•�:<•:129TM� F�.cs:•: > • •4 =I s {�'' c . i T! 71 11 IN: t (1) E `ii ` CAC. l" 81 iii;_(xl •,t:° - x 5 GIZI ,., --� ' 13) 0.5:AC.Uf r• 6J113 rl-,•!!1 (:.. a. ro M ® g O. -_I Y. I d V I1„ 7 _ !^I :1 - l1• 8 1j RI S'F. ,JG`J M1 Cnl � -..1 1 2 1 3 1 1 I S 16 I i. "1 -I� ^ I.38Ac.LLII " 3 GEDARGROVE PA K DIV. I• I l,. S.P.Ce9038 0 I r fr, Y., -: ,.„ • -'I ' _ O: f„, 1fJ ,-••.I ..fl ., I,.• fo,� , T F, I I RI 1 .•. I,,- h; esa r, sIo s 9 s(— I. S•E, 132ND ST. - I CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (MCTIGHE [AKA HONEYBROOKE]; FILE NO. LUA-02-016) 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 I 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. SECTION II. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 4.67 acres, is located in the vicinity of NE 4 P1. and Ilwaco Avenue NE) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated June 24, 2002. PASSED BY THE CITY COUNCIL this day of , 2002. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2002. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.924:6/25/02:ma 2 HONEY BROOKE LEGAL DESCRIPTION • THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 30 FEET OF THE WEST 30 FEET THEREOF FOR ROADWAY AND EXCEPT THE SOUTH 42 FEET OF THE EAST,300.28 FEET THEREOF FOR ROADWAY ll ^ wit)snag yaalCON ffi / g .• , . 7 n , I !!' mxoi mu tee 1 f�xioi I 3'N 3Ad ONOla3f 1.11. i p a l� —_Jo r¢f lsio_ i—tom!— I Jan_ gOm— 6/`IL 0 aYe r R I 8 �II ',� I ■ ! ppyy y N I 2f r g 3 § -1 Ne• 1.vos M 2111* $ 3 sg i h�i'biii t : 1 N■ i S 11 r r gyp0 1 19 O ��7t1II11 II ;N1 l.ecnau x I +tst _ I a.r rum h4 k♦i c N ---fm+eaa si s.ra o-,T „ w AEl am „.L., �� .7, re to r 6 'N r X Y I I lR I r� aze jI1pl� �plCi3 `\ I�� I �83..cztrD a @' 9 g � b2 — N I a I 14 R f 4I;i - \ r ab itil r =.u . 4" ; t' 1 2. �d1 q�j \ !I ,� y•I,•.1 U R \ i1 2 1 ng . glip N 1 'I SM "11 W - < � NI 1 1i ffLT ! 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The status of the plat is as follows: The curbs, gutters sidewalk and paving are done. The storm is in. Sanitary sewer is in. Water(WD 90)is in. Street lights (part PSE part ours 5 to be exact)--PSE is lit and we are working on a punch list for ours. Please note that I am only trying to get on the Agenda at this point. If you have any questions please call me. Thank you. cc: Kayren K. CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 5 7 7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (MCTIGHE [AKA HONEYBROOKE]; FILE NO. LUA-02-016) 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. 35 7.7 SECTION II. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 4.67 acres, is located in the vicinity of NE 4 Pl. and Ilwaco Avenue NE) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated June 24, 2002. PASSED BY THE CITY COUNCIL this 1st day of July , 2002. L&It420-.Ni• Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 1 st day of T„1 y , 2002. • ; C0014.14.7 Je ;'anner,Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.924:6/25/02:ma 2 •' RESOLUTION NO. 3577 HONEY BROOKE LEGAL DESCRIPTION THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 30 FEET OF THE WEST 30 FEET THEREOF FOR ROADWAY AND EXCEPT THE SOUTH 42 FEET OF THE EAST 300.28 FEET THEREOF FOR ROADWAY 0TH AVE 8.F. --- —x000r[14rc mxi=._ -ri' %"�� 0 1111 132R 2R2EBRIusneasenolaii cceIa I!!' y 111 14 Is`9yy� E� tF A "sq p131§ae g§ spl C�`�abe8gl ca�i S S te_ .. �°A Q4p 1 L 1 IlttilSIb kgi8g8 YYC I1 $ • Z 9f� ill m G Q Xi • a¢m sr.n a I eam ][w eiw WA, ue0 n TRACT B• RC��p >d I• x If b,17 Ili%Sly% x �� I�.«fin " 8 g L p oA .. J 1 14 P1 ! t! a# 4 e ,A a 1„Iii4 !+ : ¶,,,, i_ x 11T O 1 1 . 1 � - aRg tANf Z ,�+ i+ Q y I x m+ r a« s•r T -- — I— [1. 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" -_•S".., I''' II, 317 77,..3-.P. 3,-, s 3 22 I: S.E. I 3 2 N D S T. I:ENTRIL 17E.), S i CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board. Development Services Division July 1, 2002 Staff Contact... Arneta Henninger x7298 Agenda Status Consent X Subject: Public Hearing... MCTIGHE FINAL PLAT aka Honey Brooke Correspondence.. File No.: LUA 02-016FP (Preliminary Plat LUA 00-114) Ordinance 25 single family lots on a 4.67 acre site in the vicinity of Resolution X NE 4th PI and Ilwaco Av NE. Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions.... 2. Staff Report and Recommendation dated June 24, Information 2002. Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 4.67 acres into 25 single family residential lots with sanitary sewer, storm drainage, curb and gutter, street lighting, sidewalks and (WD 90) water. Design and construction of utilities, lighting, and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the McTighe Final Plat, LUA 02-016FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. AGNBILL.DOT/ DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LANGLEY DEVELOPMENT C.T.Foster McTighe Final Plat (also called Honey Brooke) (LUA 00-114 PP) File: LUA 02-016FP LOCATION: NE 4th P1 and Ilwaco Av NE Section 10,Twp.23 N. Rng.5 E. SUMMARY' OF REQUEST: Final Plat for 25 single family residential lots with sewer,storm,streets,lighting and water. RECOMMENDATION: Approve With Conditions FINDINGS,!CONCLUSIONS&RECOMMENDATION Having reviewed the record documents in this matter,staff now makes and enters the following: FINDINGS:1 1. The applicant,Langley Development,filed a request for approval of a 25 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Deter lination of Non-Significance-Mitigated on September 26,2000, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 4th P1 and Ilwaco Av NE. The new plat is located in Section 10,Twp.23 N.Rng. 5 E. 6. The subject site is a 4.67 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on December 18,2000. 8. The site has a R-8 (Single Family)land use zoning. 9. The Filial Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 2) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 3) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 4) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 5) Applicant installed the Temporary Erosion Control to the satisfaction of staff. 6) The applicant will provide field-tested certification that a fire hydrant with 1000 GPM fire flow is located with 300 feet of all new single family structures. 7) The Traffic Mitigation fee will be paid prior to recording the plat. 8) The applicant has followed the mitigation recommendations of the traffic engineer. 9) The Fire Mitigation Fee will be paid prior to recording the plat. 10) The Parks Mitigation Fee will be paid prior to recording the plat. 11) The applicant has followed the recommendations of the geotechnical engineers, Geospectrum Consultants,Inc.to the satisfaction of staff. 12) The applicant followed the recommendation of the wetland biologist as required. 13) The applicant has established a Homeowners' Association for the maintenance of all common improvements including stormwater facilities,recreation area and wetland tract, to the satisfaction of staff. 14) Roads having paved areas of 28 feet shall be signed on one side of the street as 'No Parking' prior to recording the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The face of the plat contains language regarding Tract A as a wetland and Tract B as a recreational open space and development is precluded. 3) The applicant installed a sign at the end of the dead-end public street to notify residents and the public that Jericho Ave NE may become a through street at some time in the future. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. 2) All fees shall be paid prior to recording the plat. SUBMITTED THIS 24TH DAY OF JUNE,2002 / Azyze:4- DEVELOPMENT SERVICES DIVISION 2 MCTIGHEFP.DOCJ 'z ■ Ymraai 7YNw MVO ?! g ; ZI 7 !,1 1 i i, 1 :1 u'd g I WI ill i o IL: Kcin: 4 S I r if t i I� �r } f ,� 1 3 i. 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I32ND° ST. �' (CENTRAL AVE.) V • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 21,2002 TO: Carrie FROM: Arneta SUBJECT: MCTIGHE Attached is the AsBuilt drawing for McTighe. Please update our records for the AsBuilts and please update our records to add the following alias since I have heard all of these names used at least once: McTighe,4.77 Court and Honeybrooke and Honey Brooke. Thank you. cc: [Click here and type name] Document3\ajh CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 21,2002 TO: Sonja FROM: Arneta H.X7298 SUBJECT: MCTIGHE LUA 02-016 Attached&and hand delivered are the monument cards for the above project. cc: Yellow File • Document2\ajh CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 13,2002 TO: Sonja 1 FROM: I Arneta H.X7298 Pc SUBJECT: MCTIGHE FINAL PLAT The applicant has resubmitted the above project. Please review and comment. Also attached and hand delivered is the AsBuilt CD. cc: [Click here and type name] Document3lajh ` ::.. TRANSNATION May 29, 2002 City of Renton-City Hall 6th Floor Attn: ArnitaHeninger 1055 S Grady Way Renton, WA 198055 Re: Order No.: 400-10038819 Your Reference No.: Proposed Plat of Honey Brooke Title Officer: Nathan Warwick Buyer/Borrower(s): Thomas C. Foster and Mary! C. Foster and Gerald L. Stump and Kellie C. McNett Subject Property: 14328 SE 128th Street, Renton, WA 98059, King County 14306 SE 128th Street, Renton, WA 98059, King County Order Summary Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: Nathan Warwick (425) 646-8587 nwarwick@landam.com Chuck Reynolds (425) 646-8573 chuckreynolds@landam.com Sue Orrino (425) 646-8588 sorrino@landam.com 1-800-441-7701 Fax: (425) 646-0541 Additional copies have been sent to: Geonerco, Inc., Jennifer Valenta Geonerco, Inc., Kurt Wilson Transnation Tide Insurance Company 14450 NE 29th Place,Suite 200,Bellevue,WA 98007 Phone: 800-441-7701 Fax: 425-646-0541 Cover Page WA.09.01.00 ' I , illiim TRANSNATION Geonerco, Inc. Attn: Kurt Wilson 1010 S 336th St., Suite 305 Federal Way,1WA 98003 RE: Order No.: 400-10038819 Liability: $ 200.00 Charge: $ 200.00 I Tax: $ 17.60 I Total: $ 217.60 • 1 1 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES 1 the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amou h t stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. I Dated: May 23, 2002 By I Authorized Signature Transnation Title Insurance Company 14450 NE 29th Place,Suite 200,Bellevue,WA 98007 Phone: 800-441-7701 Fax: 425-646-0541 Subdivision Guarantee Page 1 of 7 WA.12.11.00 Order No.: 10038819 SCHEDULE A 1. Name of Assured: City of Renton-City Hall 6th Floor and Geonerco, Inc. 2. Date'of Guarantee: May 23, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. , Title to the estate or interest in the land is vested in: Thomas C. Foster and Maryl C. Foster, husband and wife and Gerald L. Stump and Kellie C. Mc!Vett, husband and wife c. ! The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes:or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 1023059035 Year Billed Paid Balance 2002 $1,895.74 $0.00 $1,895.74 Total amount due, not including interest and penalty: $1,895.74. Levy Code: 2146 Assessed Value Land: $142,000.00 Assessed Value Improvements: $21,000.00 (Covers portion of property herein described) Subdivision Guarantee Page 2 of 6 Order No.: 10038819 • I 4. 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.: 1023059167 Year , Billed Paid Balance 2002 $ 744.12 $0.00 $744.12 Total amount due, not including interest and penalty: $744.12. Levy Code: 2146 Assessed Value Land: $63,000.00 Assessed Value Improvements: $0.00 (Covers remainder of property herein described) 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: SNOQUALMIE FALLS & WHITE RIVER POWER COMPANY PURPOSE: POLE LINE AREA AFFECTED: A 10 FOOT STRIP, THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDED: UNDISCLOSED RECORDING NO.: 347794 (VOLUME 409 OF DEEDS PAGE 623) 6. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5755888. (Covers Tax Plarcel 9035) 7. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5755889. (Covers Tax Parcel 9167) 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: DRAINAGE STRUCTURES/DITCHES AREA AFFECTED: SOUTH 3 FEET OF TAX PARCEL 9167 RECORDING NO. 8612040782 Subdivision Guarantee Page 3 of 6 Order No.: 10038819 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: DRAINAGE STRUCTURES/DITCHES AREA'AFFECTED: SOUTH 3 FEET OF TAX PARCEL 9035 AND OTHER PROPERTY RECORDING NO. 8612040783 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: UTILITIES AND DRAINAGE FACILITY AREA AFFECTED: SOUTH 3 FEET OF SUBJECT PROPERTY AND OTHER PROPERTY RECORDING NO. 8707141025 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: SOUTH 10 FEET OF SUBJECT PROPERTY AND OTHER PROPERTY RECORDED: APRIL 11, 1988 RECORDING NO.: 8804110410 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: THOMAS C. FOSTER, MARYL C. FOSTER, GERALD L. STUMP AND KELLIE C. MCNETT TRUSTEE: TRANSNATION TITLE INSURANCE BENEFICIARY: WASHINGTON FIRST INTERNATIONAL BANK ADDRESS: 9709 THIRD AVE. N.E., SEATTLE, WA 98115 LOAN NO.: UNDISCLOSED ORIGINAL AMOUNT: $1,986,750.00 DATED: APRIL 20, 2001 RECORDED: MAY 10, 2001 RECORDING NO.: 20010510002835 Subdivision Guarantee Page 4 of 6 Order No.: 10038819 13. ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: THOMAS C. FOSTER, MARYL C. FOSTER, GERALD L. STUMP AND KELLIE C. MCNETT ASSIGNEE: WASHINGTON FIRST INTERNATIONAL BANK DATED: APRIL 20, 2001 RECORDED: MAY 10, 2001 RECORDING NO.: 20010510002836 Note 1: !The following may be used as an abbreviated legal description on the documents to I 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. PTN SE1/4 10-23N-05E; Note 2: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE iDELIVERY 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. CC/amh enc. Sketch Vesting Deed Paragraphs All recorded encumbrances Subdivision Guarantee Page 5 of 6 it II Order No.: 10038819 EXHIBIT A LEGAL DESCRIPTION: THE EAST '/z OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR S.E. 128TH STREET BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 5755888 AND 5755889; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 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 SURVEY1FOR FURTHER INFORMATION. SECTION: 10 TOWNSHIP: 23N RANGE: 05E L•uN. r'llee �M_ - Mn•n.Yr N.� 4Is..rn> 194.1I 132r'.84 • _1.5 /nra.-ITI-.v..r AV,sy.,r rd�OrrfaI.1 `I I se IYar{ T M OM ---- �I • .{ NM.tlMM i./.+r I LOT 2Li__ ;�IS a . Sli I h t{ � I 6180434 0 -" 4 =.2'=•I'�+J ! • SI 4 i G 0 e.. 1 N.O ' �1,.."I Y " t2 _ ® w s404 I o b' 14M I E5 t ;yy1. ..!g:)t 01 Iq t0C7k go n lesser _ t _ ; ; -ELI 14i. ..seat•1 0 I .vey t • .:.65,..) Poo ..l.4or 'jol .irs3 ..ILIr tar t.s ISO 1 z76 ci • h ® I �'o LOT 1 I 1 irr.s/a �!_� I _ LOT 2 Zff O LOT 3 E T��iisr •ve. ;'� i TR T6•A i. KC SP 7 04 R ,.—7904120 a ...am!' „ •291 VI TR.■ ° . ai LOT 4 IA,. � D OTQ Iw 231a'IN s.l�r`al Imo- ®�`7 in Kq'- i.7r.fs /.ass , -/Ir - IRS V 3aL ar _ ' t, 300.f9 33a t: 177: ACM.tS F 0 so' I 0 M V1 li ` ® R . . „ .:.+..,, dr. .qAc, • ,.E a -..I 1 I.; a ow. • I = 'SAS. I 33 C• y " - # . ® I Q K W 4 re. 4 +. a t .. 33 are. NIA 7 /.. i d - O .. LOT 2 n 4I /e 4-- I 9 • 'I Wj Ale. 4190 {+ 06. 4.• 0 Ile d1- _i6 A{ 1P[ Al k.5 �oT I ^b Z 21 Ar r *ice ss r+,1 Y e e ' 4�I■O _--1 M4/Ma-■ .so aim r Jeo.■r -�- Ns!/■Id • rift."..��Jo ISS•/G I 0 7is./.. 4fr. I' s,,,, rot _4 .cTi / SE. 12BTH. ST. a h � / _ _ , ° ern v_._.... � .ern as err• >. 1321• .11 ' b -a, r.!•Ma..yaAr A.!ivevrs;:St%eras r11wu i•�-) N 66_20-55 W. S.r.v!■1(w•i N E-15.23-5 .x/ir../ Order No.: 10038819 - SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE establish the lien rights of the Assured.If the Company is prejudiced by the failure of the Assured to furnish the required cooperation,the Company's obligations to the 1. Except to the extent that specific assurances are provided In Schedule A of this Assured under the Guarantee shall terminate. Guarantee,the Company assumes no liability for loss or damage by reason of the following: 5. Proof of Loss or Damage. (a) Defects, liens, encumbrances, adverse claims or other matters against the title, In addition to and after the notices required under Section 2 of these Conditions and whether or not shown by the public records. Stipulations have been provided to the Company,a proof of loss or damage signed and (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments sworn to by the Assured shall be furnished to the Company within ninety(90)days after on real property;or,(2)Proceedings by a public agency which may result in taxes the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or or assessments, or notices of such proceedings, whether or not the matters damage shall describe the matters covered by this Guarantee which constitute the basis of excluded under(1)or(2)are shown by the records of the taxing authority or by the loss or damage and shall state,to the extent possible,the basis of calculating the amount public records. of the loss or damage. If the Company is prejudiced by the failure of the Assured to (c) (1)Unpatented mining claims;(2)reservations or exceptions in patents or in Acts provide the required proof of loss or damage,the Company's obligation to such assured authorizing the issuance thereof;(3)water rights,claims or title to water,whether or under the Guarantee shall terminate. In addition,the Assured may reasonably be required not the matters excluded under(1),(2)or(3)are shown by the public records. to submit to examination under oath by any authorized representative of the Company and 2. Notwithstanding any specific assurances which are provided in Schedule A of this shall produce for examination, inspection and copying, at such reasonable times and Guarantee, places as may be designated by any authorized representative of the Company, all the Company assumes no liability for loss or damage by reason of the following: records,books,ledgers.checks,correspondence and memoranda,whether bearing a date (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to before or after Date of Guarantee, which reasonably pertain to the loss or damage. any property beyond the lines of the land expressly described in the description set Further,if requested by any authorized representative of the Company,the Assured shall forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads, grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and avenues, lanes, ways or waterways to which such land abuts, or the right to memoranda in the custody or control of a third party,which reasonably pertain to the loss maintain therein vaults,tunnels,ramps or any structure or improvements,or any or damage. All information designated as confidential by the Assured provided to the rights or easements therein, unless such property, rights or easements are Company pursuant to this Section shall not be disclosed to others unless, in the expressly and specifically set forth in said description. reasonable judgment of the Company,it is necessary in the administration of the claim. (b) Defects, liens, encumbrances, adverse claims or other matters,whether or not Failure of the Assured to submit for examination under oath, produce other reasonably shown by the public records;(1)which are created,suffered,assumed or agreed to requested information or grant permission to secure reasonably necessary information by one or more of;the Assureds;(2)which result in no loss to the Assured;or(3) from third parties as required in the above paragraph, unless prohibited by law or which do not result in the invalidity or potential invalidity of any Judicial or non- governmental regulation,shall terminate any liability of the Company under this Guarantee judicial proceeding which is within the scope and purpose of the assurances to the Assured for that claim. provided. (c) The identity of any;party shown or referred to in Schedule A. 6. Options to Pay or Otherwise Settle Claims:Termination of Liability. (d) The validity, legal effect or priority of any matter shown or referred to in this In case of a claim under this Guarantee,the Company shall have the following additional Guarantee. options: GUARANTEE CONDITIONS AND STIPULATIONS (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. 1. Definition of Terms. ' The Company shall have the option to pay or settle or compromise for or in the The following terms when'used in the Guarantee mean: name of the Assured any claim which could result in loss to the Assured within the (a) the"Assured":the party or parties named as the Assured in this Guarantee,or on a coverage of this Guarantee,or to pay the full amount of this Guarantee or,if this supplemental writing executed by the Company. Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,the (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and Company shall have the option to purchase the indebtedness secured by said improvements affixed thereto which by law constitute real property.The term"land" mortgage or said lien for the amount owing thereon, together with any costs, does not include any property beyond the lines of the area described or referred to reasonable attorneys'fees and expenses incurred by the Assured claimant which in Schedule(A),(C)or in Part 2.nor any right,title,interest,estate or easement in were authorized by the Company up to the time of purchase. Such purchase, abutting streets,roads,avenues,alleys,lanes,ways or waterways. payment or tender of payment of the full amount of the Guarantee shall terminate all (c) "mortgage":mortgage,deed of trust,trust deed.or other security instrument liability of the Company hereunder. In the event after notice of claim has been (d) "public records": records established under state statutes at Date of Guarantee for given to the Company by the Assured the Company offers to purchase said the purpose of imparting constructive notice of matters relating to real property to indebtedness, the owner of such indebtedness shall transfer and assign said purchasers for value and without knowledge. indebtedness,together with any collateral security,to the Company upon payment (e) "date":the effective;date. of the purchase price. Upon the exercise by the Company of the option provided for 2. Notice of Claim to be Given by Assured Claimant in Paragraph(a)the Company's obligation to the Assured under this Guarantee for An Assured shall notify the Company promptly in writing in case knowledge shall come to the claimed loss or damage, other than to make the payment required in that an Assured hereunder of any claim of title or interest which is adverse to the title to the paragraph, shall terminate, including any obligation to continue the defense or estate or interest,as stated herein,and which might cause loss or damage for which the prosecution of any litigation for which the Company has exercised its options under Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to Paragraph 4, and the Guarantee shall be surrendered to the Company for the Company,then all liability of the Company shall terminate with regard to the matter or cancellation. matters for which prompt'notice is required; provided, however,that failure to notify the (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Company shall in no case prejudice the rights of any Assured under this Guarantee unless Assured Claimant. the Company shall be prejudiced by the failure and then only to the extent of the prejudice. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,together with any costs, 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which attorneys'authorized fees and expenses incurred by paymentth Ass and hick claimant woh Company were the Assured is a party, notwithstanding the nature of any allegation in such action or igaed by the Upon they to the time of of theh option the or is proceeding. obligated to pay. exercise by the Company provided for in Paragraph(b)the Company's obligation to the Assured under this Guarantee for the 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to claimed loss or damage,other than to make the payment required in that paragraph Cooperate. shall terminate,including any obligation to continue the defense or prosecution of Even though the Companyl has no duty to defend or prosecute as set forth in Paragraph 3 any litigation for which the Company has exercised its options under Paragraph 4. above: 7. Determination and Extent of Liability. (a) The Company shall have the right, at its sole option and cost, to institute and This Guarantee is a contract of Indemnity against actual monetary loss or damage prosecute any action or proceeding,interpose a defense,as limited in(b),or to do sustained or incurred by the Assured claimant who has suffered loss or damage by reason any other act which in its opinion may be necessary or desirable to establish the title of reliance upon the assurances set forth in this Guarantee and only to the extent herein to the estate or interest as stated herein, or.to establish the lien rights of the described,and subject to the Exclusions From Coverage of This Guarantee. The liability Assured,or to prevent or reduce loss or damage to the Assured. The Company of the Company under this Guarantee to the Assured shall not exceed the least of: may take any appropriate action under the terms of this Guarantee,whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any (a) the amount of liability stated in Schedule A or in Part 2; provision of this Guarantee. If the Company shall exercise its rights under this (b) the amount of the unpaid principal indebtedness secured by the mortgage of an paragraph,it shall do so diligently. Assured mortgagee,as limited or provided under Section 6 of these Conditions and (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at Company shall have'the right to select counsel of its choice(subject to the right of the time the loss or damage assured against by this Guarantee occurs,together such Assured to object for reasonable cause)to represent the Assured and shall with interest thereon;or not be liable for and will not pay the fees of any other counsel,nor will the Company (c) the difference between the value of the estate or interest covered hereby as stated pay any fees,costslor expenses incurred by an Assured in the defense of those herein and the value of the estate or interest subject to any defect, lien or causes of action which allege matters not covered by this Guarantee. encumbrance assured against by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as 8. Limitation of Liability. permitted by the provisions of this Guarantee, the Company may pursue any (a) If the Company establishes the title, or removes the alleged defect, lien or litigation to final determination by a court of competent jurisdiction and expressly encumbrance,or cures any other matter assured against by this Guarantee in a reserves the right, in its sole discretion,to appeal from an adverse judgment or reasonably diligent manner by any method,including litigation and the completion of order. any appeals therefrom,it shall have fully performed its obligations with respect to (d) in all cases where this Guarantee permits the Company to prosecute or provide for that matter and shall not be liable for any loss or damage caused thereby. the defense of any action or proceeding,an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding,and all appeals therein,and permit the Company to use,at its option,the name of such Assured for this purpose.Whenever requested by the Company,an Assured,at the Company's expense!shall give the Company all reasonable aid in any action or proceeding,securing'evidence,obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) Page 1 of 2 WA.17.02.00;SC No.: 11727! Order No.: 10038819 CONDITIONS AND STIPULATIONS CONTINUED 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand (b) In the event of any litigation by the Company or with the Company's consent,the arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Company shall have no liability for loss or damage until there has been a Final Association. Arbitrable matters may include, but are not limited to,any controversy or determination by la court of competent jurisdiction,and disposition of all appeals claim between the Company and the Assured arising out of or relating to this Guarantee, therefrom,adverse to the title,as stated herein. any service of the Company in connection with its issuance or the breach of a Guarantee (c) The Company shall not be liable for loss or damage to any Assured for liability provision or other obligation. All arbitrable matters when the Amount of Liability is voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 31.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000.000 shall be 9. Reduction of Liability or Termination of Liability, arbitrated only when agreed to by both the Company and the Assured. The Rules in effect All payments under this Guarantee,except payments made for costs,attorneys'fees and at Date of Guarantee shall be binding upon the parties. The award may include attorneys' expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. fees only if the laws of the state in which the land is located permits a court to award 10. Payment of Loss. attomeys' fees to a prevailing party. Judgment upon the award rendered by the (a) No payment shalllbe made without producing this Guarantee for endorsement of the Arbitrator(s)may be entered in any court having jurisdiction thereof. payment unless the Guarantee has been lost or destroyed,in which case proof of The law of the situs of the land shall apply to an arbitration under the Title Insurance loss or destruction shall be furnished to the satisfaction of the Company. Arbitration Rules. A copy of the Rules may be obtained from the Company upon request (b) When liability and the extent of loss or damage has been definitely fixed in 13. Liability Limited to This Guarantee;Guarantee Entire Contract accordance with these Conditions and Stipulations,the loss or damage shall be (a) This Guarantee together with all endorsements, if any, attached hereto by the payable within thirty(30)days thereafter. Company is the entire Guarantee and contract between the Assured and the 11. Subrogation Upon Payment or Settlement. Company. In interpreting any provision of this Guarantee,this Guarantee shall be Whenever the Company,shall have settled and paid a claim under this Guarantee,all right construed as a whole.' of subrogation shall vest tin the Company unaffected by any act of the Assured claimant. (b) Any claim of loss or damage,whether or not based on negligence,or any action The Company shall be subrogated to and be entitled to all rights and remedies which the asserting such claim,shall be restricted to this Guarantee. Assured would have had against any person or property in respect to the claim had this (c) No amendment of or endorsement to this Guarantee can be made except by ea Guarantee not been issued. If requested by the Company,the Assured shall transfer to writing endorsed hereon or attached hereto signed by either the President,a Vice the Company all rights and remedies against any person or property necessary in order to President,the Secretary,an Assistant Secretary,or validating officer or authorized perfect this right of subrogation. The Assured shall permit the Company to sue, signatory of the Company. compromise or settle in the name of the Assured and to use the name of the Assured in 14. Notices,Where Sent any transaction or litigation involving these rights or remedies. All notices required to be given the Company and any statement in writing required to be If a payment on account of a claim does not fully cover the loss of the Assured the furnished the Company shall include the number of this Guarantee and shall be addressed Company shall be subrogated to all rights and remedies of the Assured after the Assured to: Consumer Affairs Department,P.O.Box 27567,Richmond,Virginia 23261-7567. shall have recovered its principal,interest,and costs of collection. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) Page 2 of 2 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 1,16,/1 ✓"( (j S COMMENTS DUE: MARCH 8, 2002 APPLICATION NO: LUA-02-016, FP DATE CIRCULATED: FEBRUARY 22,20.0 lY or[REKICAl APPLICANT: C.Foster/,Langley Development Center PROJECT MANAGER: Arneta HenninEtE C E I V E D PROJECT TITLE: McTighe Final Plat(aka Honeybrooke Prelim WORK ORDER NO: 78946 FEB 2 5 2002 Plat) LOCATION: SE 1/a Section 10,Twp 23 N, Rng 5E; NE 4th Pl.and Ilwaco BUILDING DIVISION SITE AREA: N/A BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Final plat to subdivide 4.67 acres into 25 single family residential lots. The plat includes the installation of sanitary sewer main,storm drainage,sidewalks,street lighting and street paving. The water is Water District 90. 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 RG Airport Environment 10,000 Feet 43 2 14,000 Feet \�� of SNIS1�M� 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 R&.;..;.7 Department of Planning/Building/Public'vvorKS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 8, 2002 1 APPLICATION NO: LU,A-02-016, FP DATE CIRCULATED: FEBRUARY 22,2002 APPLICANT: C. Foster/Langley Development Center PROJECT MANAGER: Arneta Henninger. I PROJECT TITLE: McTighe Final Plat(aka Honeybrooke Prelim WORK ORDER NO: 78946 Plat) I LOCATION: SE 1/4 Section 10,Twp 23 N, Rng 5E; NE 4th PI.and Ilwaco SITE AREA: N/A I BUILDING AREA(gross): N/A I SUMMARY OF PROPOSAL: Final plat to subdivide 4.67 acres into 25 single family residential lots. The plat includes the installation of sanitary sewer main,storm drainage,sidewalks,street lighting and street paving. The water is Water District 90. I 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 *Wal/Liki Airport Environment 10,000 Feet 14,000 Feet . B. . O&I6:.R:i A�., N COMM TS Edge of wetland in Tract 'A' as previously surveyed and shown on the Preliminary Plat, need$s to be delineatedj and labelled on the plat doc that is to be recorded (labelled as "WETLAND" and "WETLAND BUFFER") . C. CODE-RELATED,COMMENTS Building setbackHlines should be removed prior to recording the final plat. Legend -should be corrected to show that front setbacks are 15 feet for houses and 20 for garages accessed from the street. 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. F//i v% — I —, / i.dL- ((I 2'c=?— Signature of Director or Authorized Representative Date Routing Rev.10/93 p•'•• . - • --• 1 • t \ CITY. _ F RENTON Office of the City Attorney Jesse Tanner,Mayor _ ' Lawrence J.Warren • DEVELOPMENT SERVICES , CITY OF RENTON • MEMORANDUM 2002 'MAR 0 5 Arneta Henninger RECEIVED g. From: i Lawrence.J. Warren, City Attorney Date: March 4, 2002 • Subject: Declarations of Covenants,,Conditions and Restrictions McTighe,Plat (AKA Honey Brooke Plat) LUA 02-016FP ,. I generally approve of the covenants.'. I would, however, like to see:the City added as a party to; enforce the covenants under Section 111 "-as it relates to maintenance of the storm water facility, wetland and buffer tract Similarly_the City's permission should be required to alter the covenants , under Section!11.3.2 as it relates to the same three things, awrence J.iarren LJW`.tmJ cc: Jay Covington Kayren Kittrick V 1901 2001 . Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX 425-255-5474 0. :•� This paper contains 50%recycled material,30%post consumer - .11`etic I =`� rt n Si 3 �eti City ofRen'r'on Department of Planning/Building/Public livorks i`1 ti !j E la v6( ig ENVIRONMENTAL & DEVELOPMENT APPLICATION RJ.E-VTEW S-frEET ,irl REVIEWING DEPARTMENT: otAAT I VQ (e�anfio COMMENTS DUE: MARCH. J co2 FEB 2 7 2002 j APPLICATION NO: LUA-02-016, FP DATE CIRCULATED: FEBRUARY 22,12002 I I LI I Y uF KLN I UN APPLICANT: C. Foster/,Langley Development Center PROJECT MANAGER: Arneta I-enninger FIRE DEPARTMENT --- —t -Y-a-fil-N. PROJECT TITLE: McTighe Final Plat(aka Honeybrooke Prelim WORK ORDER NO: 78946 RECEIVED Plat) LOCATION: SE 1% Section 10,Twp 23 N, Rng 5E; NE 4th PI.and Ilwaco FEB 2 5 2002 SITE AREA: N/A I BUILDING AREA(gross): N/A A1JI[DINT DIVISION I SUMMARY OF PROPOSAL: Final plat to subdivide 4.67 acres into 25 single family residential lots. The plat includes the installation of sanitary sewer main,storm drainage,sidewalks,street lighting and street paving. The water is Water District 90. 1 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 I _Housing Air I Aesthetics Water I Light/Glare Plants I Recreation Land/Shoreline Use I Utilities Animals I Transportation Environmental Health I Public Services Energy/ Historic/Cultural Natural Resources , Preservation I Airport Environment 10,000 Feet 14,000 Feet , 61 1 • B. POLICY-RELATED COMMENTS „ q i I C. CODE-RELATED COMMENTS e:7' e ___45)--v-e/ e-.2.1. ,.. ----- i>vd._ --i-- -.0.---a-- , ,A) We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probtible impact or areas where additional information is needed to properly assess this proposal. 'it.," . g-#g1/0 Z ita °1 Signature of Director or Authorize Rep ntative Date 6����iiii �j ( 01 Routing r •� Rev.10/93 City of Renton InterOffice Memo To: Larry Warren, City Attorney From: Arneta Henninger Date: February 27,2002 Subject: Declaration of Covenants, Conditions and Restrictions McTighe Plat(AKA Honey Brooke Plat) LUA 02-016FP Please review the attached Declaration of Covenants, Conditions and Restrictions as to legal form. Tlie creation of an agreement for the maintenance of the stormwater facility, wetland and buffer tract is Mitigation Measure 13. The attached Declaration defines the "common areas" in Section 1.1.4 on page 3 and again on page 5. the document discusses responsibility for"maintenance of the common areas"in Article 5 on page 10. A copy of the Determination of Non-Significance (Mitigated) dated September 26, 2000, is attached for reference and your use. This plat will be ready to submit to the City Council late March,2002. If I may be of assistance in expediting this request please call me at 430-7298. CC: Kay en Kittrick Yellow File LUA 02-016FP • &rc-Y • ♦ '17FR ♦ I • • • Yi‘ O . V :::..;..:}:•:i n:v:{r•}'i::;:.}}"{::rr.}}:{.}•+:i;{•.•{.}•'v::.:{;.v:::.w:.:...:.:::::::'w:•:-v: .... ......:n.::•:••:v;:.. }:ijkY.r:\J•.}:i�9}:{:j::ji:iii:{j`,:Q:}:G:n•:•:}??4ii} ::.9}::\..:f.:n .v{.r..n/. .:J...}04.A..:t.x:::.-0:::}nv}:?:n:�fn:::•.{{v: 1�,}:•Y.•}}N{i%9:{L•\•.v:}:}}ir:::\:}:r•}i:•'{ti•:}:{r•}}%i}:{n•L:•}:{{{y::ti:i}:ti{:'. ;;u{:if.?�2�tiff•{{}{n!m::S.v:}:f.•....•.::i {f}...,..\{....,}..}.,}......,..l..y..:...:...,:.....:•.M.....v •.;..::.:v....:................:..{::.};..}{ .t,;:....}...,}.._,;.,rr.....:..f.:{:'•.:::is�:-.v:::n}'#.ti•}:4i}v:•":v:•..•- ............ . .. Project ...........................v......f:.....rx:.f.:::r:{::•::{•rn::J..::,:Ql.,:},.::.{.:::wnv::v:•:\.::.:..n...............n.J....�:::::::v::::•:::•::::•}}}:•}:•.i•::i:•:{•i:•}::::.v............................ Project Name 1Y1cT 1(ai PL41— Project Address \E --1AA ST 4 �UVAc.► o Av NE . • Contact Person Address • Phone Number Permit Number 1--v/k'1C10 0\ \ • Project Description Z5 16-r Slt'M tE Frkmitl pcNT wi a E"k(silNC.) s'Oc\ FaM��y Land Use Type: . Method of Calculation: i (2'0� Residential 1 1 ITE Trip Generation Manual SF = CC,sc ❑ Retail 0 Traffic Study 0 Non-retail 0 Other • Calculation: 25 — D. (q,SS� Zlw.‘c5 T S . • • 21q•viS • CVIS� . Transportation Mitigation Fee: 1b)-i13.`]S ,,}} Calculated by 4. i► Date: Account Number: Date of Payment N OT I CE JERICHO AVE NE MAY Rentonnet City Clerk Card File - Page 1 of 1 2(O/01j7 20 Flew Search Results List Record 1 of 1 Title: PRELIMINARY PLAT, MCTIGHE FAMILY/HOLMBERG-NE 4TH ST 2000 Effective Date: Aug 17, 2000 Date Entered: Dec 14, 2000 by User: Bwalton Date Modified: Feb 22,2002 by User: mneumann Narrative: • 8/17/2000-Application for preliminary plat and environmental review by owners: Darwin M. McTighe,James L. McTighe,Virginia S. McTighe McElroy,John R. McTighe and Janice Berry,for proposed subdivision of a 4.77 acre property into 26 lots for single-family residential development at 5200 &5250 NE 4th St. Contact: Shupe Holmberg, Baima& Holmberg, Inc. • 9/26/2000-ERC Determination of Non-Significance Mitigated • 11/13/2000-HE recommendation to Council: approve subject to conditions • 12/18/2000 -Council Approval Keywords: • LUA-00-114(SEE PP) • PP-00-114 • MCTIGHE PRELIMINARY PLAT 2000 • MCTIGHE DARWIN M 2000 • 5200 NE 4TH ST 2000 • 5250 NE 4TH ST 2000 • HOLMBERG SHUPE 2000 Location: BANK 4 Return to Rentonnet http://rentonnet/web sites/intranet/.../index.cfm?fuseaction=showdetail&REC=1&ID=5490 03/20/2002 C� CITY JF RENTON ..1. r i Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 22,2002 Mr. Gerald Stump Langley Development Group 6450,Southcenter Blvd. #106 Seattle, WA 98188 SUBJECT: McTighe Final Plat (aka Honeybrooke Preliminary Plat) Project No. LUA-02-016,FP Dear Mr. Stump: The Development Planning-Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. , Please contact me, at(425)430-7298, if you have any questions. Sincerely, /&vt-e%L"' Arneta Henninger • Engineering Specialilst cc: C.T. Foster, M. C. Foster/Owners aceptance R 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 - i'4�_' i• ..a.. wr�'�ly :a� r ,� ry, ua'.' wJSr' It `.la Ta,:r C w,O,F EN ON�r%�° >. R :dj�;- `� ?. 3P ,}N "N•,- o.l'»-fix-:? f rJr R - '1r W - _ 'PMENT�:SERVEC�E�S�D1U1 L- N. - �DEVELO S O :.:,ter r ;ka. ,v. - a ,z, �,d _ .'LAN. 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Note: It there is more;;than:one,legal:owner,please attach aft ' `?,-`',- additional:notanzed Master'Application for°each.owner,<' ° ` : t` PROJECT OR DEVELOPMENT NAME: v NAME: «C /hoi/i S 742 77 �ou r-7— 447 J3f�1�e maI�ti_,f 0 77L'r)s-lee ( �,� PROJECT/ADDRESS(S)/LOCATION and Zip-Code: ADDRESS: ��'� v S� /��` v 1' S0 0 ° 5:2_TO /l�' d• CITY: 1 f ZIP: — ` Sage.i a'Gt" 9c�0� KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: /d 2 3 oS 903E C�, . �U4. c Y 0/X'Z /O0_ 30S 5? c 7 d P'PLI ` " �than;ownet"),' f' Y EXISTING LAND USE(S): 7u� — IC_ °:�::A _ Ci4NT;_:(if�atier� �t d sip '�V R ! Id .2 Q l NAME: e /�p / h b Jq Al/ OSED LAND USE(S): 3 �?Op? � S 2-es,ale,t4t ail rs e COMPANY(if Cappl icableh /' CE i V EXISTING COMPREHENSIVE PLAN MAPDESIGNATION:N /�V �PveLai�� ��&�d ePs ici0Pw4/ - .�! /P ,,.. ADDRESS: r I ,C ��� � PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION `t't P 'CP (if applicKleSt di.6,0 -tali� - i r le '�-c.-, CITY: j , ZIP: ?�Q nn / 9J /dF EXISTING ZONING: TELEPHONE NUMBER �_� . --06 .2 975( Go/2. Z PROPOSED ZONING (if applicable): fe_ ri Y-r . :'Yi,::=' ~-h.ir:Y&'," x _ O _ - TACT-:PE�R'SON�.",:;:: ..�:. =GO;l�l, :�, _,,-.,,,_ _ SITE AREA (in square feet): �A/MJ'� p 4 NAME:' �4• . I °5 ` 7 �/ SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED G /� ,..5.4 FOR SUBDIVISIONS OR PRIVATE STREETS SERVING 42 THREE LOTS OR MORE(if applicable): COMPANY(if applicable): - .0i /,� , CIO J27e24 (.D ieme PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ADDRESS: -n • ACRE(if applicable): c cxt'�c2we04- a I vy lG� NUMBER OF PROPOSED LOTS(if applicable): ' S.CITY• ,,+,"T \ ZIP: G ' le '` 96F/(GOP\ ,' , .. a \ NUMBER OF NEW DWELLING UNITS(if applicable): TELEPHONE NUMBER AND'E-MAIL'ADDRESS: �;:;': NUMBER OF EXISTING DWELLING UNITS(if applicable): masterap.doc Revised April 2001 • h ;,Y ' �"tom. ri'. 4 r. <.... $., . ... to .,n,+,. «.4 . ...��., *C41,4,.�IFO.I2IVIATION:-":coi%ti a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL PROJECT VALUE: BUILDINGS(if applicable): SQUARE FOOTAGE OF.EXISTING RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF BUILDINGS TO REMAIN(if applicable): ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL SQUARE FOOTAGE(if applicable): BUILDINGS(ifapplicable)'' ❑ AQUIFER PROTECTION AREA ONE SQUAREFOOTAGE'OF EXISTING NON-RESIDENTIAL ❑ AQUIFER PROTECTION AREA TWO BUILDINGS TOREMAIN,(if;applicable): ❑ FLOOD HAZARD AREA sq.ft. 'NET FLOOR AREA,OFNON-RESIDENTIAL BUILDINGS(if ❑ GEOLOGIC HAZARD sq.ft. applicable): ❑ HABITAT CONSERVATION sq.ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE ❑ SHORELINE STREAMS AND LAKES sq.ft. NEW PROJECT(if applicable): ❑ WETLANDS sq.ft. biro ...;:,. .:'bA"...4etr :;3'Y<,.. :t)' i:; d,-�*,''.".:;• -w.::e.-.' "fs•%L •. :;�'y�•^ta.S.y;:;-t..y:' „w: 'r TION: F°P;ROP=ERTY Attaeh se arate:-sheetrif needed ,LEGAgLDE3CRIP .,.Q .�.,.,,.(. p _.. ,.),.�,,; ,�.m.b,:�:aa,,..••_ s't�,'' - �„;.k,�;.a� x'.;y�, ,J: .,. >r�.w.. ,., .. .�5':�`w"c....,�... . 3�`i3.S> .._, t. + _.,.,..4ti., .«.:M.,. . . :•.z•, ...;.:a`w �. .;t::x"", _ ^ii;'- . _... >. ...x_ .. .- ,., -.,'4�',":^t ez•�«:!-c,.. r. ... ... ._' .. . 'E' ; :=:.,.: R. . .:1.0:' � �'�i2. "": i` `f. - PR CAfON�1Y'F S . C.w j � » . ' , �,2,�. ���P� zy YF: �:OF�AI T & SEE :: � F �.. t '� ; ` �GFi ecall`aI?PUcafion Y?e s t hat�avP p1Y ��,Ct s. ta`ffv�llldetermite fees "1 $ ... : r .. ,.-. : ?'% .:_ , . ., ... . ...» .. .." .-:..s ,,. .,. .. a_ ,., .isrg ..... .. ,::sx:'>.-' -k : ,tt. :S ` M_ANNEXATION(A) $ 1 ` SHORELINE REVIEWS _COMP PLAN AMENDMENT(CPA) $ ,- • `CONDITIONAL USE(SM-C) $ _CONDITIONAL USE PERMIT(CU-A,CU-H) $ ' _EXEMPTION(SME) $ NO CHARGE —ENVIRONMENTAL REVIEW(ECF) $ •_,S`UBSTANTIAL DEVELOPMENT(SM) $ _ —GRADE&FILL PERMIT(GF) $ VARIANCE(SM-V) $ (No.Cu.Yds: ) $ _REZONE(R) $ _ SUBDIVISION • —ROUTINE VEGETATION $ _BINDING SITE PLAN(BSP) $ MANAGEMENT PERMIT(RVMP) _FINAL PLAT(FP) $ —SITE PLAN APPROVAL(SA-A,SA-H) $ _LOT LINE ADJUSTMENT(LLA) $ —SPECIAL PERMIT(SP) $ _PRELIMINARY PLAT(PP) $ —TEMPORARY PERMIT(TP) $ _SHORT PLAT(SHPL-A,SHPL-H) $ —VARIANCE(V-A,V-H,V-B) $ (from Section: ) $ Postage: $ WAIVER(W) $ TOTAL FEE $ _ OTHER: . $ i a4, ._ ..--. .. . . .... �„:�r,i.• .• :i.°n-•,S�'�r S r., .., • p m :5.. 7'« ' ridi : ' i � ~ �IDAUl OF. 0UNE R SHl»P 2 � h':»t'yA b .,°1nte , ,w.+.-- Y,: . ,.4r � - A� '{ : �" `� I ° . � q y; 3s " l F „ • h s .� -� 4. ,_ . M1 - r �, .'X .`F.S�T7 . �� '�'� .� r�d ^:.���.�. #. .. I,(Print Name) 6.I/ as r-D4 - -A-- " b Q & �D5ro� ,declare that I am(please check one) the current owner of the property involved in this application or the authorizedJepresentative to act for a corporation (please attach proof of authorization)and that the foregoing statements and answers herein cqntained and.the information herewith are in all respects true and correct to the best of my knowledge and belief. /14 1 fipae4'-4-- I certify that I know or have satisfactory evidence that / signed this instrument and acknowledged it to be f> Y t eir voluntary act for the uses and urposes mention d in the instrument. ERi (' 7'-1oms tosi�/nqryf C is ,e- Vau L(Name of Owner/Representa Notary Public in and for the State of Washington �F WAS M Ii •�a':t•( NOTARY HIIVu rav P. .__PU 2j11f-4 ( I'. • Notary(Print) n 'i 1. 1/4-1 t7 I S/ONLi, B�/G+(Signature of Owner/Represen , My appointment expires: • ) "PiRf S J_04,� masterap.doc Revised April 2001 y F/7 ' 1 . 1 1 1 . . :.':', '::+1''',:'''',:/':',:',.!.''5.,:;;,Yei::';',:':,1,-,16:',:, ,,,-;J-:::E:::::;:,:::' ''',;'.., :: ::',. :,..ki:;:: ::,,R1',:,,,:,;',:,.:'.,:f,',,,,'":;,,,.,r-i-,.:,,,t-1,,:W::'''''',-::'.:';':;1',-?:-IK-:-f.17''';'.,:i,'":,!A",:3A"-.1:; )'';''• --• =•":7'..-4::-.4s,'-!:iiV,V !;:,,.f.. -,,,-..",,:al...n,',-; i'-',;",:iTei.:i, ".=:; :`,.;',i:',-:'''',„';i:'':'.,.- !..t'.::.' ''':'"-:t'''''';' '-':', ':!;'i: -.•:.":-;W e1TY.11:)F,;-R g:NTo14,.,,,'„iy.i.,,::,-,e;,,,,,,,-;.,_ ',..,:::::',',.,,...I,,,.,:,:,:,::-:: =.;:i7:K.;,:',,i&,,,,,,-;,,,,,:,,::,-.,:•..,,. ..,,,i pevELopMENT,,,-Sg-RVIQES,DIVI.STOPV. 11.t:,,,:r4.0:si,..Tisi',:; :‘"J,: t'n ,':::';'7.:44`,,j, j:: .7,[1,','r :.:::;:=',-*',' .:2'':::''? ,"''''''''' i'''''"'s;'''':',"=.';.:.7: :fiA,•;.':;:';•: :';,'`.:,`:';i:::,,,:;'--cf,i ‘..47:,•,: '.;:,.,:,,t;,:0:':.!':„;1.:,:N; tAND-.'1USE7p PERMIT . mAsTEwAppLicATIoNni,..,:kio.g2kOZM',::',.;Ii.5',,,,,k, :,,',,f,,;:',%,:'0,',V1,,,5,7;;:::,::0,1.3,3;',4- :T',• k:,,,' ',,,'::?;,,,:.,,,'.„;;:::Xf:::,',.:,,,;) ,:„T::,::::..:4:4:ii,;2,„161:,,,-;.,,:4,,;-,1,t',-„;Z ;,f,-4:!;: iy.,-;.,::: :,..:.,:l''.;,!: ,71,.'!;A:V2V,;',,q:',U, ,V,g :, ,: : ,,': , ,?: ,::::•Nr„.., , _,_ ,Ti,,e'Yi.;i'„:`,',A;;,.'4,:1:,l'i.,;1,!"-;,.':ff:',,TF•2.,:i,Vn-W.,..;.,::::::,,, p,13(:),PEIRIY:::-12VVNW(S):wiwTf,7:,!:i: tA.-::: .:,-:No.::,,',PEPdFC7INNFORNJATIC)N11„:,i.g*,;::;:::,':-,,; '..S:Iiii.:w&-i; ,,(1w,tiiii."..46.00,401:iijiti4E;i.t006.040::40.: '::-:c:,:15?..; - :•-:::,"«,°':•:( ia,001041i;900*e4ii.464toi:4.0100tiOnfc*::0***. ;;;:g PROJECT OR DEVELOPMENT NAME: Ce, .-i-gi-tei 1 1 , 5-7-1,(me NAME: , 1 L1.91 (Dur-r ( ICe,I1 ) ,. L . Ote-iLl.e.rt I k3ROJECT/ADDRESS(S)/LOCATION and Zip Code: ADDRESS: 1 ..- A X.2. 11CeoCa 9 S .::. 24 Pc- CITY: ZIP: — /C--i' 1,-1-r 9CS-073 I • KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: /67/2 3C2S - 9035— c31 /02 305 — W6 7 — c-9 .. 'APPLICANT'Of tith6f than owner EXISTING LAND USE(S): /4id *---e. SI/life, geside,474a-/ /4we. NAME: --- -Xe ) .:-S'-/./1--- PROPOSED LAND USE(S): c;a 5 eside,,,-iif '<a 7/s- COMPANY(if applicable1): I / EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: d 4- ‘i 0 c 2 ce p yeeS/de 4;bea 7 3 ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION 64/50 --CoceW-eede4._ igki t/oC (if applicable): 3 / I je_eSicteivrte,c( 5//vale i-ze"VI i CITY: - I ZIP: S eai-He I &oil-- .f/eF-.r EXISTING ZONING: 87,_ 8TELEPHONE NUMBERI PROPOSED ZONING(if applicable): )e- K Coi4TAtT'PER8ON ': '"" '.4' :,,„. , , v:, :?, ,,,,,..,.,_.,....-:•.„..:_:-:,, :‘i.:;t:'i.!c'-.,,-;-46 #0,0 SITE AREA (in square feet): ;20 11 :...,',5_______,; ;:::!''''Y'''.4';.:V: ::'•::::°:''..:K:'::?., :':114-4,,,, ,r 4,... RE FOOTAGE OF ROADWAYS TO BE DEDICATED NAME: tic q--t 4 C. • $ rl/n,ke 0 ',.4DIVISIONS OR PRIVATE STREETS SERVING 1 4 u'i'THREE L@TS OR MORE(if applicable): COMPANY(if applicable): eV 4:- c' rk..,'. ' 7 ,Deue 40)0,,,,/e/7,74- 67,,,,,,0 4-0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ADDRESS: g i ACRE(if applicable): -0 Su e - 624 5.0 Socikf,‘. evv+e,e- Oluc-- tio(..., NUMBER OF PROPOSED LOTS(if applicable): 1 CITY: ZIP: c9-5 - S ecc.4.i-te• - to A-- ?,(f 1 d9'.6 NUMBER OF NEW DWELLING UNITS(if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: c2 5 /2. 2- NUMBER OF EXISTING DWELLING UNITS(if applicable): . 1 / ' ,' -- •,' ::::":[1:' .•:!.,-:.'''..'':` ;. ; i,Uvka7--- G ?to masterap.doc Revised April 2001 1 .:i. :...'..�«-.. ..� a., .,=�-•.:_,.f.;Y",n.?:- ^ ».«.'.. »...._. .m ' ,,-- :[ >a_•.,". +t,,...,5 L : 1 -}•: ,q.. .sY, '. -;: : ( ^s�F: S=SC.�,w.jt :.T: .7e.s4: r• 'en. �s . -_ . ,as i ` :c„• ; < s, sY �JE d INFO' TOion Ir l zi�? .," r r1 : ..-< ,YciK!:';, + . -a, f:i„ mru';.-,, S::-.,.u _„+ 4.:.t',»,.« tr«.s::a:� ...... .`, � s.x;. r..:«..,_,.x:.�Px:t.w&�.,a;:', :»... . a. 5..A„��� .�nits�S'�u3>. L^i -, SQUARE FOOTAGE OF PROPOSED RESIDENTIAL PROJECT VALUE: BUILDINGS(if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF BUILDINGS TO REMAIN (if applicable): n(ii_ ENVIRONMENTALLY CRITICAL AREA,PLEASE INCLUDE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL SQUARE FOOTAGE(if applicable): BUILDINGS(if applicable): 4 ❑ AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL ❑ AQUIFER PROTECTION AREA TWO BUILDINGS TO REMAIN(if applicable): 414, ❑ FLOOD HAZARD AREA sq.ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS(if ❑ GEOLOGIC HAZARD sq.ft. applicable): NA- ❑ HABITAT CONSERVATION sq.ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE ❑ SHORELINE STREAMS AND LAKES sq.ft. NEW PROJECT(if applicable): pi A- ❑ WETLANDS sq.ft. .":4^:^• ..f'2". $=" >€v�., ,-.,.K': i;3 :`"..':C�e �?: :'F< ;.t:i,.yr '.:'=4-_�:tie.'<, ::�:h^-.7'-.a: :�3� +ilxti�n�t=n4"r:i:.w'::: 'a' :,S't §^.,.�i^i+'Y•; ^r.. "�... �' �:.'r::r:fi:}.�y.-,.u'::.;:t."si':.�:�:^":s.�;',•y;,'�,�<`'^ ::s� �«-a.,..� - - .�,:... ma...� M :>. ,:� .>3LEGAL.DESCRCPs1 ii Of 1PRO , -, ..'A As r ' ac . se �crate s ' eet 1 kneeded ' � > "s tfiT. .-..n: ,, ,,—;,..Y•w .. :t�' 1 ^.. ,l.a tea.. ffi s txa.. " c".:�,x:;�^�•kd�+::;.,...»..."""*._,-..�a}+:isanG:..�"'�,«""'i`-`.�--.`t�.'i.^E_'. 5.scx�n�. ..J!:a^•..:^+.'. :��.-,_. .. .?w¢.tr.,..:.�...:,R.A:r7: .`• .�°.a''�a,g1■j:;.^r:*f^.:>*.=Yl�,e',.s-r.�;-,"Em.•s '.*�w..F .'�-.,'�L,°:�:�; .s:/s: _:�'h�:.._ Fa"�,"s,.�T : +"T",•'6[_..«.r.<rf-...Ei"..'.Y`U.?v-.:.=r� ,^w '«-wn ....„y� .�.zP...- > q`A ..'q:�in: . rV.W.: T""� a:N;:•Ae -.'. ��a: r�'"5 '^'''F .d+:.�.,' '':..".=':^.:�:'s�: _An :a.... r - . x 4�, 4" .rw TYEOFmaAPPLICATION &FEES - "_ ' �:;..�°3,-A � sk ; s,. i. y,,:x»� R � ; ." 4 ¢:''rc� �n�', -;7 a � s..1:.i ,a�aa ��.'�, "?:; �' � i" tid<�ism cw ;:���f,w,.�� ��y>, _+ ,,-* .�. a:4 . s .1�.,,0:,.,`�: Sr-.-. . . C,hecall a Ilcation es.thata I'i�. 0 ��safwll;:dete-m nenees„ • < „,..ki..A.,„,, w�. �w -,qs;vrd: .t, . ._re ?,:Xin.'r•,€M`:...; '"-,.i:,. � -> .c : . .<.i..: ? 3vS?• s.ro`:>a,er•f''".ai, „^.r.`�:r »� e:..... Y:.iry:; ,� _•,�."x ". 'tr s''»:..Yt:1._ ..$.,± ,xr: • _ANNEXATION(A) $ ' SHORELINE REVIEWS —COMP PLAN AMENDMENT(CPA) $ CONDITIONAL USE(SM-C) $ —CONDITIONAL USE PERMIT(CU-A,CU-H) $ _EXEMPTION(SME) $ NO CHARGE —ENVIRONMENTAL REVIEW(ECF) $ _SUBSTANTIAL DEVELOPMENT(SM) $ —GRADE&FILL PERMIT(GF) $ _VARIANCE(SM-V) $ (No.Cu.Yds: ) $ —REZONE(R) $ SUBDIVISION —ROUTINE VEGETATION $ _BINDING SITE PLAN(BSP) $ MANAGEMENT PERMIT(RVMP) _FINAL PLAT(FP) $ —SITE PLAN APPROVAL(SA-A,SA-H) $ _LOT LINE ADJUSTMENT(LLA) $ —SPECIAL PERMIT(SP) $ _PRELIMINARY PLAT(PP) $ —TEMPORARY PERMIT(TP) $ _SHORT PLAT(SHPL-A,SHPL-H) $ VARIANCE(V-A,V-H,V-B) $ , . (from Section: ) $ Postage: $ —WAIVER(W) $ - TOTAL FEE $ _OTHER: $ �:�i- itrri^ -...�>'. ,;..�. ,;c�•,: ,,,.fit, .,«. >w„s;,F«.� .w.m � :7 »:^.."k'`• ,.w ;q:: •t:.' v't:• .,.,-: �i�.4:1,,�• iN,. 0:,'':,: 'V; .,. :. :z�`-^�^ -i:;�' ,,�,.. y"^"�' »-.ali�'• �,''rKs;4" >.,., �a,�e` "`��. l:z,s", .,,;. �aw ':fit,M1.,. .,..e, - '`.2�>' g • et, �;�..,u;-:IItp- '�S'� `7 .+ 4-<z. ..,j .a ...ta�,,k.�' .v .,v, .. n,r.. i "rHB. �, .a ,'a;':s;.; :";.sit.. el �t,�, ";,mi. '..s^ t thy,,,-,,Sf it Ai r '�-x. v r' m '`-:'ss.: ;r,. r � �x :��_.��xm � .�.�m =� AF �iDA /IT hF.OWNaE,RSHIP- r� ,.�,�- ��,� F�'G�=� �w t 4ws' p ., .: ,, :..7t s ' -:.,;xx m r _•;f,. r ' t.,A- Pi_'�. ;4;4. `4tarc:,":5w iT:.`,,,tg 4:. :a x'.: . _..ix krfiR F,..:: :.rf1”;... ,, I,(Print Name)& �t L fro° 4• itt)(i - ( n ,declare that I am(please check one) X,the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization)and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. gel,//( C-iycA/ _— I Gr certify that I know or have satisfactory evidence tha ' L-S "-►q, signed this instrument and acknowledged it to be ' the' ee and voluntary act for 4�� f >/ C �i' • I the uses and p rrpossess`me�ntionnedd iin the instrument. 1 04C(u JTi 4-', kle- ���. �• Ci-)-e� G/ 2 1 L2 / % -- -- ame of rAIR tiv Notary Public in and for the State of Washington T E R I L. VAR N U M G Notary(Print) / It K'/ .L- 1 et."-dLi r WASHINGTON (Signature of Owner/Representative) My appointment expires: —7 • 4' 02, NOTARY--.-- PUBLIC MY COMMISSION EXPIRES 7-04— 3 masterap.doc Revised April 2001 DEVELOPMENT SERVICES DIVISION WAIVER OF SUnMITTAL REQUIREMENT -.OR LAND USE APPLICATIONS '< >:!AND USE:.:PERMIT SUBM.IT:: >AL>>;>><> : >WAIVED`::::::MODIFI >;> ><; >::> > >` :>>< >:MM �`�::::>:> C�fJ ENT ... :: : :::>::::>::::::>:::::::: :::::::::R .. :..UIREM E. :::5 ::::>::::>::::>::::>::::>::::::::::>: ::.::::><<::<:<:SY:>::::>:::::>:::.:::::<;::::>::::5:.> ::.:::. :<::::::<::::>:;:::::::>:<:::::>::>::::>::::::::::::<:>::i::: :M >::;:: ;-.....:>. »>:> : : :.... Calculations, Survey, 1 Density:.Worksheet ':::::m.,.< :r ::;:>:<;; : <:: : :..... '::>'::`••>::<::>:: : : >:::::s<:::>: :: :::;:::::>::::< :: ::::; : : : ::'>::: : : s::>;:<::::<::: Drainage Control Plan 2 Diairiage`Repo z• :.:.. . Elevations,Architectural 3 AND 4 Fleiratiors, G.adln .ga.fi:: : ::::.:..:::iii i:::::::..::::::::..:...::::::::::. ...:::„.„::::::.::::::.:::::.:.:..::::„.... ::.::::::. :. :: Existing Covenants (Recorded Copy)4 Existing:::Ease.::<;nts::�Rec" ded 0#6,> a; >: :::>,2i:`:<: ::<:: :: :>:::: :::::> <:: :: . :::::Ki:;:' :<<>': ::>:::<:::<:::>:::::::::::[ : . :< :•`>::':>:>'::s:>: ::>: .. ` : Flood Plain Map, if applicable :.;;:.<::;::::<:;:>:.;;.;:;.; :; 7trior.Plans::.a:nr,n................... .... Geotechnical Report 2 AND 3 :Pir cii "`:`Plan> >oi ee>:dial::: : • :<: ::> :::::::>: :::>:::<:::>::>::::>::::..::::::<::::>:»::'::::>':«:><:<::«::::::::::>`::::::::::<:::::>::::> ::::::::: :s:: ` �:::: . ::::::::::: : :::::<:: > ::: ::::::::::[::` :::::: : : Grading Plan, Detailed 2 OEVFLOpM 1<irs CQur�l : ..Asses ors..Ma :andlcat�n :.Sitea.::::::.:: . ..::::.::::::::::::.:.::.:.:.:::::.:::::..:..:::::::.. .. : .:.::...::: :::: :::: ::::::::::::::::. Landscaping Plan, Conceptual a 4N 3. L I>.D.esc p List of Surrounding Property Owners 4 Va : .b 10:'.:or.'.P opet '::`w� r a: >:: :,...„:: :>::::::>::::::>> >:::„„: : > .:<......:.::::...... ; : ::T:::::>:::: >«< : ` °> .: . ��'>:':::: <s>:'1Vla llr 9:>(- .e s f.r F'rape#Y. :::: t=.: ::.::..:.::.. .. .:.; :. .. ..;.;.:.:.::.::.:.:.:.:.:.:.::.::.:.:;:.;:.; :.;:.::::.::.;:.;:.: .;..::::::.:::::;:.:.;:.: :,:..:.:...... ... .......... Map of Existing Site Conditions 4 Master ;A plicat op For r sa:::::::„„„„:: ::::> <>`<:: >::<>> ::: .....::::>:::::::>:::::::<: ::...... ::::::::>::' ` > "' Monument Cards (one per monument)1 ,� , AiQ41. m.- J'�rr. t e. ;a d ::A.al. s► :4:g...:::>::>::> :::::>:::>:::<::>:„.::„. >:::::: > ::> :: „,,,.....::..... ......::>:::::::>: >::::::>:>>::>::;::<;>::::::>::::>:>::::>:::::<:::>:i I� k�� ;Lot;::Cny.:r.a �:::&L...rt.. Ga.in ..::n... ..... ....... ............................. ................................ ......................:: :::: .. Plan Reductions (PMTs)a Preapplication Meeting Summary a :.::G;.:or:;s '>::>_ r4`;:al>Letter2: :::::::::`:::.....-::>::; :::»......:>: :`::::: >:: :::::>:::::>::::......:_: ::: :::>>':>:::::: ::••:::: ::>:::>::::::::••::::::::>:::::::>':>�< :> > ' • •:: :> ::>':: :> :<>:<:: >::> Rehabilitation Plan a 1 This requirement may be waived by: � 1. Property Services Section PROJECT NAME: /i't ii /6i-%1L'9/< 2. Public Works Plan Review Section 3. Building Section DATE: /'j 'CO2. 4. Development Planning Section I h:\division.s\develop.ser\dev.plan.ing\waiver.xls REVISED 5/17/00 DEVELOPMENT SERVICES DIVISION, ' WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS ND Rini u>::<::::>: ' : ><- >> - ""-":*':: > > M D IE 321 'C'' < :::> >» `' '.:: ` ' '::'.;:::.::::;::::::::.:::>::;::: ....Q.:. . .. .: �:«;< i.i:i .:.....::::: ::::<:>: .: :: >::> «::>;: ::<::>: >::»»;:>::>";::;:::;.»::.<: >:.>::>::>::>::: :>::;::>::>::>:<:>::>::>::»:>::RE. U R 1111I N..S............................. .. .. ...........BY....... . .........BY.......................................................................................................... Screening Detail 4 S reet.Pr .files' ::: : :'::i ::: :: ::: Y ..... ' ' : 5;' '' a:`' • '` : ::`::: Title Report or Plat Certificate a Tb :l :'.>11 .::..5:::;contours.. ............................................................................ ............:............................. ................................:.......:...................... Traffic Study 2 e e...Guf#In 11fe etaf.. #earin'' tan :><> >»::>:>:>: Urban Center Design Overlay District Report 4 Utilities::Plan,Generalized:: :::>:: ::>::>:>::<<::::::::<>::::>>::> :;<;;:::>: :: >:::.:.;::::<:::::<>:>::<::>::::::>::::::::>::: :::: ::<:>:::<:>:>::::>:>::::::>>:;>»»::>::>:::::<;:>::»:>;>:>::::: ;:::<:::::>::::::»>::::>::::>::::»>•>:<::::<::::::»>:::< Wetlands Delineation Map 4 iti i)ORI >`j :::Ri >< ,.....::: :>..... ':.':'.T ' < % G`'' '' «> >::<> »'' :< > is>:`< < <> ' <' } yVefla :Pi..an... .Plan .............. ................... :..:.. . .. . . :::...::.:..:.:.: Wetlands Study 4 :> €: • ` :. i:'':i::: :i��� :'`::::•: >i: 4:: > F iv::::: i:::::::::::: ii:::i::::: ::?: ."...: ..... i : i: i ti•''ry}rave:n :oyrfExsting S e�:.: AaD;z:.::::<:;. . > :; > >' ` > >>`>><« '> << > > ::> >>:>:> < > >:i ; <> ; < > .easeAree >ent . > : ' ..:< :: ,, : >€: <•• > >>' < < >< : ..,- :» ' :Ora `: > > > > <: >;>`:>: > >: : >:«: ; > . > : : :> • <::>; ` . o i 2` N>` '`: >:> : : ::::>>''>:<> :: . -.-.- fi>::>;::>#;o SiteG ditors: A - . •% •fiO:ps ulat� #4. :>: > <»>:*:,,,}:::� ><' :>'.> << > :< > ?'?` < «z >z '' Fh t..:.:...rnu„.:„I r+ :;:.....:.......................................BAN[?3.................:.::.:.:::;:.:;»:.:....... This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section 3. Building Section DATE: 4. Development Planning Section • h:\division.s\develop.ser\dev.plaEn irag\waiver.xls REVISED 5/17/00 4.77 COURT FINAL PLAT Narrative On How Plat Conditions Have Been Addressed Condition 1 - Applicant shall comply with conditions imposed by the ERC: ERC (1) - Level 2 storm detention was provided per the 1998 King County SWM Manual. ER (2) - Silt fence shown on approved engineering,plans and constructed on the site. ERC (3) - Shown on engineering plans. ERC (4) - Construction item. ERC (5) - Construction/coordination item imposed on contractor. ERC (6) - Pending. ERC (7) - Payment is due prior to plat recording. DEVELOPMENT PLANNING ERC (8) - Pending—required prior to occupancy. CITY OF RENTON ERC (9) - Payment is due prior to plat recording. JAN 3 1 2002 ERC (10) - Payment is due prior to plat recording. RECEIVED ERC (11) - Approved engineering plans comply. . i ERC (12) - Approved engineering plans comply. ERC (13) - Pending. Applicant will establish a homeowner's association and submit to City for review. ERC (14) - Construction item—not yet completed. Condition 2 Seel Restrictive notes on Sheet 1 Condition 3 Construction item not yet completed. I • k j\4h-a<r"� N..2 First American Title Insurance Company ./ 3866 SOUTH 74TH STREET TACOMA, WA 98409 (253) 471-1234 1-800-238-8810 FAX (253) 471-5560 TITLE UNIT 1 BUILDER/DEVELOPER SERVICES RANDY HUDSON SHARI WORKMAN JEFF WONG JENNIFER SINCLAIR TITLE OFFICER TITLE OFFICER TITLE ASSISTANT TITLE ASSISTANT (253) 471-5568 (253) 471-5573 (253) 471-5581 (253)471-5567 ORDER NO. 504209-1 YOUR NO. NONE OFVF` GEONERCO, INC. Gimp° F Op A �I- TO: GEONERCO, INC. ✓,44/ RF'hp094/0 1300 DEXTER AVE N #500 31 SEATTLE, WA 98109 41 ATTN: JENNIFER VALENTA • 7TH COMMITMENT SCHEDULE A 1. EFFECTIVE DATE: DECEMBER 4, 2001 AT 7:30 A.M. PROPOSED INSURED: GEONERCO, INC., A WASHINGTON CORPORATION TO BE DETERMINED 2. POLICY/POLICIES TO BE ISSUED: AMOUNT PREMIUM TAX EXTENDED OWNER'S COVERAGE $2,625,000.00 $4,158.00 $365.90 EXTENDED MORTGAGEE'S COVERAGE IN THE AMOUNT OF THE LOAN SPECIAL "EAGLE PROTECTION" COVERAGE IS AVAILABLE TO THE BUYER THROUGH FIRST AMERICAN FOR AN ADDITIONAL PREMIUM. PLEASE CONTACT YOUR TITLE OFFICER IF YOU HAVE ANY QUESTIONS ABOUT THIS ADDITIONAL COVERAGE. 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED ON PAGE 2 HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: THOMAS C. FOSTER AND MARYL C. FOSTER, HUSBAND AND WIFE AND GERALD L. STUMP AND KELLIE C. MCNETT, HUSBAND AND WIFE DESCRIPTION ORDER NO. 504209-1 Page 1 c • THE LAND REFERRED T REIN IS DESCRIBED AS FOLLOWS: PARCEL A: EAST HALF OF SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF SOUTHEAST QUARTER, LESS THE EAST 90 FEET OF THE WEST 120 FEET OF THE SOUTH 160 FEET, IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 16 FEET OF THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTH 252 FEET THEREOF, PURSUANT TO KING COUNTY SUPERIOR COURT CAUSE NO. 622313; ALSO EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED'UNDER RECORDING NO. 5755888. PARCEL B: EAST 90 FEET OF THE WEST 120 FEET OF THE SOUTH 160 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, LESS COUNTY ROAD, IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER RECORDING NO. 5755889. THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. SECTION 10, TOWNSHIP 23N, RANGE 5E, SE QUARTER SW QUARTER. Page 2 SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD. NOTE: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE REFERENCE TO AUDITOR'S FILE NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGE(S), IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). RETURN ADDRESS WHICH MAY APPEAR IN THE UPPER LEFT HAND 3" TOP MARGIN. Page 3 SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. A. TAXES OR ASSESSMENTS 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. B. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS; (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. G. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. 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 OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. Page 4 SCHEDULE B - SECTION 2 CONT. SPECIAL EXCEPTIONS ORDER NO. 504209-1 1. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR UNINCORPORATED KING COUNTY IS 1.78%. LEVY CODE: 4342 2. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER FACILITIES OF CITY OF RENTON AS DISCLOSED BY INSTRUMENT RECORDED JUNE 21, 1996 UNDER RECORDING NO. 9606210966. 3. LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF RENTON AND: CENTEX HOMES RECORDED: APRIL 20, 2000 RECORDING NO.: 20000420000998 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: JAMES L. MCTIGHE, JOHN R. MCTIGHE, DARWIN M. MCTIGHE, VIRGINIA MCELROY AND JANICE BERRY TRUSTEE: PACIFIC NW TITLE COMPANY BENEFICIARY: BOEING EMPLOYEE'S CREDIT UNION AMOUNT: $25,000.00 DATED: OCTOBER 28, 1999 RECORDED: NOVEMBER 12, 1999 RECORDING NO.: 19991112000286 (AFFECTS PARCEL B) Page 5 SCHEDULE B - SECTION 2 CONT. ORDER NO. 504209-1 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: THOMAS C FOSTER, MARYL C FOSTER, GERALD L STUMP AND KELLIE C MCNETT TRUSTEE: TRANSNATION TITLE INSURANCE COMPANY BENEFICIARY: WASHINGTON FIRST INTERNATIONAL BANK AMOUNT: $1,968,750.00 DATED: APRIL 20, 2001 RECORDED: MAY 10, 2001 RECORDING NO.: 20010510002835 NOTE: THIS DEED OF TRUST CONTAINS LINE OF CREDIT PRIVILEGES. IF THE CURRENT BALANCE OWING ON SAID OBLIGATION IS TO BE PAID IN FULL IN THE FORTHCOMING TRANSACTION, CONFIRMATION SHOULD BE MADE THAT THE BENEFICIARY WILL ISSUE A PROPER REQUEST FOR FULL RECONVEYANCE. 6. ASSIGNMENT OF LEASES AND/OR RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: THOMAS C FOSTER, MARYL C FOSTER, GERALD L STUMP AND KELLIE C MCNETT ASSIGNEE: WASHINGTON FIRST INTERNATIONAL BANK DATED: APRIL 20, 2001 RECORDED: MAY 10, 2001 RECORDING NO.: 20010510002836 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JUNE 5, 1946 RECORDING NO.: 3575591 IN FAVOR OF: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR: POLE LINE AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES 8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTHEAST 128TH STREET (132ND AVENUE SOUTHEAST TO 168TH AVENUE SOUTHEAST) AS GRANTED BY DEED RECORDED JULY 27, 1964 UNDER RECORDING NO. 5755888. 9. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTHEAST 128TH STREET (132ND AVENUE SOUTHEAST TO 168TH AVENUE SOUTHEAST) AS GRANTED BY DEED RECORDED JULY 27, 1964 UNDER RECORDING NO. 5755889. Page 6 SCHEDULE B - SECTION 2.CONT. ORDER NO. 504209-1 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 4, 1986 RECORDING NO.: 8612040782 IN FAVOR OF: KING COUNTY FOR: DRAINAGE AFFECTS: SOUTH 3 FEET OF PARCEL B 11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 14, 1987 RECORDING NO.: 8707141025 IN FAVOR OF: KING COUNTY FOR: UTILITY AND DRAINAGE EASEMENT AFFECTS: THE SOUTH 3 FEET OF PARCEL A 12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 11, 1988 RECORDING NO.: 8804110410 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: THE SOUTH 10 FEET NOTE #1: THE SITUS ADDRESS OF THE PROPERTY HEREIN DESCRIBED IS: 14328 14328 SOUTHEAST 128TH STREET RENTON, WA 98059 NOTE #2: GENERAL TAXES FOR THE YEAR 2001 WHICH HAVE BEEN PAID. AMOUNT: $1,789.81 TAX ACCOUNT NO.: 102305-9035-06 NOTE #2: GENERAL TAXES FOR THE YEAR 2001 WHICH HAVE BEEN PAID. AMOUNT: $1,047.80 TAX ACCOUNT NO.: 102305-9167-06 NOTICE: "THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM DATE FIELD RELATED COMPUTER PROCESSING ERRORS, INCLUDING WITHOUT LIMITATION, 'YEAR 2000' ERRORS, OF THIRD PARTIES UPON WHOM THE COMPANY DEPENDS IN PROCESSING INFORMATION NECESSARY TO ACT AS Page 7 • SCHEDULE B - SECTION 2 CONT. ORDER NO. 504209-1 THE SETTLEMENT AGENT AND/OR INSURE THE TRANSACTION. THIS NOTE IS FOR INFORMATION PURPOSES ONLY; IT WILL NOT BE CARRIED OVER INTO ANY TITLE POLICY AND WILL NOT BE CONSTRUED IN ANY WAY TO MODIFY OR LIMIT ANY POLICY WHICH IS ISSUED PURSUANT TO THIS COMMITMENT". • Page 8 • SCHEDULE B - SECTION 2 CONT. ORDER NO. 504209-1 A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO THE WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THE COMPANY. END OF SCHEDULE B RF/PB/RC/SW CC: HARBOUR HOMES 1010 S 336TH STREET, SUITE 305 FEDERAL WAY, WA 98003 ATTN: KURT WILSON - CC: MICHAEL HAGEN ESCROW 1000 SOUTHEAST EVERETT MALL WA EVERETT, WA 98208 - CC: GEONERCO, INC. 1300 DEXTER AVENUE NORTH, SUITE 500 SEATTLE, WASHINGTON 98109 ATTN: JENNIFER VALENTA CC: HARBOUR HOMES - 1010 SOUTH 336TH ST., SUITE 305 FEDERAL WAY, WA. 98003 ATTN: KURT WILSON Page 9 After Recording Return to: Geonerco, Inc. Attn: Jennifer Valenta 1300 Dexter Avenue North Suite 500 Seattle, WA 98109 • • DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF HONEY BROOKE 0 LOp C! OF eNTpNrNlNG JAN 312002 RECEIVE0 • • } i I I r,. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF HONEY BROOKE THIS DECLARATION is made on this day of , 2001,by Thomas C. Foster!and Maryl C. Foster,husband and wife and Gerald L. Stump and Kellie C. McNett, husband and wife as owners of the property being subjected to this Declaration. II RECITALS A Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family"is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered,_subject to the covenants, conditions,restrictions, easements, assessments, and liens,hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right,title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. • ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words,when used in this Declaration or in any Supplementary Declaration(unless the context shall prohibit), shall have the following• meanings: 1.1.1 "Association" shall mean Honey Brooke Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 2 • 1.1.2 "Board of Directors"or"Board"of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws"shall refer to the Bylaws of the Honey Brooke Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination,however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Thomas C. Foster and his successors-in-title and assigns,provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions lathe real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the"Declarant"hereunder by the grantor of such conveyance, which grantor shall be the"Declarant"hereunder at the time of such conveyance;provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as 1`Declarant"hereunder shall cease, it being understood that as to all of the property described in Article 2,which is now subjected to this Declaration, there shall be only one "Declarant"hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five(5) years from the date of recording of this Declaration; or(ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or(iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat. . 1.1.9 "Governing Documents" shall mean and refer to this Declaration,the Articles of Incorporation(if any) and Bylaws ofthe Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 3 l ' 1.1.10 "Lot" shall mean any plot of land within the Community,whether or not improvements are constructed thereon,which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 1.1.11 "Mortgage"means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. I i 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence;or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person"means any natural person, as well as a corporation,joint venture,partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four(4) adults who are llegally unrelated. 1.1.17. "Supplementary Declaration"means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.18 "Total Association Vote"means all of the votes attributable to members of the Association(including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is,by the recording of this Declaration, subject to the covenant's and restrictions hereafter set forth and which,by virtue of the recording of this Declaration, shall be held,transferred, sold, conveyed,used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: 4 LOTS 1 THROUGH 25, INCLUSIVE,AND TRACTS A AND B OF HONEY BROOKE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES_AND_RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON Common Areas: Tract A is a Sensitive Area Tract that is owned and maintained by the Association. Tract B is a Recreation Area Tract that is owned and maintained by the Association. Any drainage facilities shown on the recorded plat as being maintained by the Association. ARTICLE 3 HONEY BROOK HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association,be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner,by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner,whether one or more Persons, shall have more than one (1)membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges,of membership, including the right to vote and to hold office, may be exercised by a 5 member or the member's spouse,but in no event shall more than one(1)vote be cast nor office he'd for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one(1)Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved)in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail,materials,workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee(the"ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines")may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1)nor more.than three(3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community,the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named John Merlino,iwhose address is 1010 S. 336th Street, Suite 305, Seattle, Washington 98003 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold I each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF,NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR,NOR FOR ANY DEFECT IN ANY STRUCTURE 6 . .1 CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD,NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES,AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES,REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS,DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT,NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT.A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. j 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community,provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws,rules ' and regulations shall become effective thirty(30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws,rules and regulations then in force shalil be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws,rules and regulations. ARTICLE 4 TS ASSESSMEN I j 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety,welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. ' I 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot,by acceptance of a deed therefor,whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; 7 (ii) special assessments, such assessments to be established and collected as hereinafter provided; and(iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to,reasonable fines imposed in accordance with the terms of this Declaration. i 1 4.2.1 All such assessments,together with(i) late charges, (ii) interest set by the Board,not to exceed the maximum rate permitted by law (but not to exceed eighteen percent(18%)per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including,without limitation,reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while thei Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however,'the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall,within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. u. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 413 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assess'ments to be levied against each Lot,which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty(30) days after adoption by the Board and not less that fourteen(14) nor more than sixty(60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent(75%) of the Total Association Vote, in person'or by proxy, the budget shall be ratified,whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or,needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed 8 ' I � revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as,but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including,without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot to favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for(a) liens for ad valorem taxes; or(b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 417 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten(10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten(10) days following the due date. If the assessment is not paid within thirty(30) days, a lion, as herein provided, shall attach and, in addition,the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including,without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty(60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to'foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the 9 •I I . I 1 j Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire,hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including,by way of illustration,but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges,then to interest and then to delinquent assessments. 4�8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty(30) days, said Owner's voting rights shall,without the necessity of any further action by the Association,be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4�9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. •.. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of . this Decljaration and the costs of maintenance performed by the Association for which the Owner is!responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. I 4.11 Common Areas Exempt. ' The Common Areas shall be exempt from � P • P assessments by the Association. • ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 51.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas 10 I , i acquired by the Association in the future. The Association shall maintain the plat drainage facilities as shown on the face of the recorded plat as being maintained by the Association. The Association is responsible for payment of the electric bill for the street lights. The Association shall have the right,but not the obligation to maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement,which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures,parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter'fencing, if any, shall be maintained and repaired, in uniform appearance,by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance,repairs, or replacement deemed necessary. The Owner shall have ten(10) days after receipt of such notice within which to complete such maintenance, repair, or replacement,or, in the event that such maintenance,repair, or replacement is not capable of completion within a ten(10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 11 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas shall be appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration lof the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration,there shall be no right or easement of ingress and egress,use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article,beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding • amendment of this Declaration. In addition,the Board may, from time to time,without consent of the Owners,promulgate,modify,or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board. Such home occupations may be limited to certain business uses, shall not create any • disturbance,noise, or unsightliness, shall not unduly increase traffic flow or parking 12 congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style,height, scope of improvements, quality of design,materials, workman ship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6)months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6)months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall_ not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. • 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot,without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence,barrier,row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC,which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick,weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the 13 exterior color of any improvement located on a Lot, including, without limitation, the dwelling must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite,tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 Existing Residence. Intentionally Omitted. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including,without limitation, signs related to Declarant's development and marketing of • residences within the Community. In addition, "For Sale"signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term"vehicles" as used herein shall include,without limitation, automobiles, vans, campers, trucks,buses, motor homes, mobile homes,boats,jet skis, trailers,portable aircraft, motorcycles, snowmobiles,mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall lie considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four(24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in"parking areas"as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which,is parked on any parking area for a period of more than forty-eight (48)hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules)are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the 14 conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three(3)passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one(1) or more passenger vehicles,plus a driveway for at least two (2) additional passenger vehicles, unless approved,by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3)months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration,Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration,Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against OI ners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised,bred or kept in the Community; provided, however,that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept,bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all . times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring,mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean,unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition;nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the I . 15 Community,nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn,whistle, siren,bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices,which might tend to cause disorderly,unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage or equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty(60) days. , 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna oIf any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.115 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. Noo Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the belnefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure,planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation • and maintenance of any utilities, unless approved by the Board prior to installation. 6.116 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence,wall,hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans,Woodpiles, Etc. All garbage cans,woodpiles, air- conditioning compressors,machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish,trash, and garbage 16 • shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, howeveri hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms"includes without limitation BB guns,pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporally lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting.No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6i 23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation,window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6'.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, 17 • construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND.CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and,where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2` The Board shall obtain a public liability policy applicable to the ' Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized,but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary,the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. . 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 18 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent(75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may,in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association,the U.S. Departm nt of Veterans Affairs, or the U.S.Department of Housing and Urban Development. 7!4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 19 I . • 7.5 Damage and Destruction—Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Thee Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless,within sixty (60) days after the casualty, at least seventy-five percent(75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available;provided,however, such extension shall not exceed sixty(60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. I 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall,without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or'following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction—Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or,where repairs cannot be completed within seventy-five(75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively,the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom � _ 20 within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction,be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In�the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed,then, unless within sixty(60) days after such taking, at least seventy-five percent(75%) of the Total Association Vote shall otherwise agree, the'l Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS .4. The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 94 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage,who provides a written request to the Association(such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"),will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion Of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; • 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 21 • I 9.3, Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration,Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent,the Board,without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 1 Easements for Use and Enjoyment. 10. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner,his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the plurpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as 22 security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or; dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing,replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas,water, sanitary sewer, storm sewer, cable television,telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair,replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document,the Board shall have the right to grant such easement. • 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property,reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 23 e If Declarant installs an entryfeature,there is 10.4 Easement for EntryFeatures. hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other iegetation around such entry features and the right to grade the land under and around suet'entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration,the Bylaws, Articles of Incorporation,rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such.facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described in Article 2 of this Declaration, including,but without limitation: the right of access, ingress and egress for vehicular And pedestrian traffic and construction activities over,under, on or in the Community, including,without limitation, any Lot; the right to tie into any portion of the Community with driveways,parking areas and walkways; the right to tie into and/or otherwisei connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including,without limitation, electrical, telephone, natural gas,water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property,reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. • ARTICLE 11 GENERAL PROVISIONS i V 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth tin this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the 24 Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners,which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case,by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11!2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives,heirs, successors, and assigns,perpetually to the extent provided 1iy law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be(a) automatically extended(to the extent allowed by applicable law) for successive periods of ten(10)years,unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant(so long as the Declarant owns any property for development and/or sale in the Community)has been recorded within the year immediately preceding the beginning of a ten(10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or(b) extended as otherwise provided by law. Every purchaser or grantee of any interest(including,without limitation, a security interest) in any real property subject to this Declaration,by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant(i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental,statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or(iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided,however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long 25 • as Declarant owns any property for development and/or sale in the Community, Declarant may unilat1erally amend this Declaration for any other purpose; provided,however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder,)nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant(so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation,unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including,but not necessarily limited to,the Lots located within the Community. 11.5 Gender and Grammar. The singular,wherever used herein, shall be construed to mean the plural,when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid,but if the application of any provision of this Delclaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and,to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions,restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including,without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including 26 1 • settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment,negligent or otherwise, except for their own individual willful misfeasance,malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except tojthe extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitmnt. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board,maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations,Design Guidelines,use restrictions, membership register,books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for!inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 4. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety(90) days of the date of th!e request. 11.12 Notice of Sale,Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot,the Owner shall give to the Association, in writing,prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant(so long as Declarant owns an) property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners,their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. i 27 • 11 J14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right,I or privilege. 11115 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws,and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent(75%) of the Total Association Vote. This Section shall not apply,however, to (i) actions brought by the Association to enforce the provisions of this Declaration(including,without limitation, the foreclosure of liens), (ii)the imposition and collection of assessments as provided in Article 4 hereof, (iii)proceedings involving challenges to ad valorem taxation, or(iv) counterclaims brought bIy the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3,hereof, or is approved by the percentage votes, and pursuant to the same procedures,necessary to institute proceedings as provided above. EXECUTED the day and year first above written. Owner: Thomas C. Foster Maryl C. Foster Gerald L. Stump Kellie C. McNett I . State of Washington ) )ss. County of King ) 28 i • I certify that I know or have satisfactory evidence that Thomas C.Foster and Maryl C.Foster are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires • • . I 29 • State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that Gerald L. Stump and Kellie C. McNett are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: • My Appointment Expires 4 30 1 Filename: Directory: Template: C:\office\Office\Email.dot Title: Subject: Author: Tom Foster Keywords: Comments: Creation Date: 11/09/01 3:36 PM Change Number: 1 Last Saved On: Last Saved By: Total Editing Time: 2 Minutes Last Printed On: As of Last Complete Printing Number of Pages: 1 (approx.) Number of Words: 97 (approx.) Number of Characters: 553 (approx.) • • 1 Aa v ii • BOUNDARY - 4 . 77! COURT POINT # 1 . 10000 . 000 10000 . 000 N 0 13 12 E 616 . 730 POINT # 2 . 10616 . 725 10002 .368 N 88 201 54 W 330 . 540 POINT # 3 . 0626 .253 9671 .965 S 0 12; 7 W 616 . 770 POINT # 4 . 110009 .486 9669 . 791 S 88 21 10 E 330 .340 POINT # 5 . 9999 . 991 9999 .995 AREA 20373'7 . 77 SQUARE FEET 4 . 6772 ACRES TOTAL LENGTH= 1894 .3-8 NORTHING ERROR -0 . 009 EASTING ERROR -0 . 005 LINEAR ERROR= 11S 28 14 3 W 0 . 011 I I ' Op-ivrp *MN RFNTONNiNG RE 3,?00? ROAD - CENTERLINE NORTH END POINT # 1 . 10000 . 000 10000 . 000 N 86 26 55 E 44 . 000 RADIUS POINT # 3 . 9.897 . 788 10050 .430 DELTA = 85 19 48 LENGTH = 65 . 529 TANGENT = 40 .552 S 1 7 7 W 44 . 000 POINT # 4 . 9853 . 796 10049 . 571 , S 88 52 56 E 238 . 910 POINT # 5 . 9849 . 135 10288 .435 N 0 13 12 E 142 .530 POINT # 6 . 9991 . 664 10288 . 983 N 88 20,' 54 W 289 . 100 POINT # 7 . 9999 . 997 10000 . 003 AREA 405.9 . 61 SQUARE FEET 0 . 9308 ACRES TOTAL LENGTH= ,775 . 68 NORTHING ERROR= -0 . 003 EASTING ERROR= +0 . 003 LINEAR ERROR= IS 42 51 26 E 0 . 004 I ' ROAD - CENTERLI'NE SOUTHERLY POINT # 1 . 1,10000 . 000 10000 . 000 S 88 52 56 E 176 . 810 POINT # 2 . 9996 .551 10176 . 776 N 88 52 56 W 226 .130 POINT # 4 . 110351 .250 9952 . 034 S 0 12 7 W 301 . 080 POINT # 5 . '10050 .171 9950 . 973 S 89 47 53 E 50 . 000 RADIUSIPOINT # 6 . 10049 . 995 10000 . 973 DELTA = 89 5 2 LENGTH = 77 . 740 TANGENT = 49 .207 S 1 7 5 W 50 . 000 POINT # 7 . '10000 . 005 9999 .997 AREA 78664 . 96 SQUARE FEET 1 . 8059 ACRES TOTAL LENGTH= 1054 .31 NORTHING ERROR-4. +0 . 005 EASTING ERROR= -0 . 003 LINEAR ERROR= ;N 30 37 33W 0 . 005 1 TRACT A i POINT # 1 . 10000 .000 10000 . 000 S 88 51 56 E 125 . 820 POINT # 2 . 19997 .546 10125 . 796 N 0 13' 12 E 127 . 080 POINT 4* 3 . .10124 . 625 10126 .284 N 88 20; 54 W 159 . 680 POINT # 4 . i10129 .227 9966 . 670 S 3 33; 8 E 103 . 640 POINT# 5 . 110025 . 786 9973 . 092 N 86 26, 34 E 27 .500 RADIUS 'POINT # 6 . 10027 .492 10000 .539 DELTA = 85 19 48 LENGTH = 40 .955 TANGENT = 25 . 345 S 1 6 46 W 27 .500 POINT # 7 . , 9999 . 998 10000 . 005 AREA 19725 .29 SQUARE FEET 0 .4528 ACRES TOTAL LENGTH= 516 .22 NORTHING ERROR= -0 . 002 EASTING ERROR= +0 . 005 LINEAR ERROR= !S 63 11 8 E 0 . 005 @TRACT B POINT # 1 . 10000 . 000 10000 . 000 S 89 471 53 E 50 . 730 POINT # 2 . 9999 . 821 10050 . 730 N 40 14 14 E 64 .500 RADIUSiPOINT # 3 . 10049 . 059 10092 . 394 DELTA = 46 13 9 LENGTH = 52 . 031 TANGENT = 27 .524 S 86 27 23 W 64 .500 POINT # 4 . '10045 . 072 10028 . 017 N 3 33 8 W 58 .170 POINT # 5 . 10103 . 131 10024 .413 S 86 28 13 W 15 . 000 RADIUS POINT # 6 . 10102 . 207 10009 .441 DELTA = 84 47 46 LENGTH = 22 .200 TANGENT = 13 . 696 N 1 40 27 E 15 . 000 POINT # 7 . 10117 .201 10009 . 880 S 0 12 7 W 117 .460 POINT # 9 . 10000 . 014 10000 . 010 AREA 3394 . 68 SQUARE FEET 0 . 0779 ACRES TOTAL LENGTH= 235 . 82 NORTHING ERRORS +0 . 014 EASTING ERROR= +0 . 010 LINEAR ERROR= N 34 5 26 E 0 . 017 • i 1 LOT 1 POINT # 1. 10000 . 000 10000 . 000 S 88 52 56 E 77 . 830 POINT # 2 . 9998 .482 10077 . 815 N 0 13 12 E 60 . 050 POINT # 3 . 10058 .531 10078 . 046 N 88 20 54 W 77 . 840 POINT # 4 . 10060 . 775 10000 .238 S 0 13 12 W 60 . 770 POINT '# 5 . 10000 . 005 10000 . 005 AREA 4701 . 06 SQUARE FEET 0 . 1079 ACRES TOTAL LENGTH= 276 .49 NORTHING ERROR= +0 . 005 EASTING ERROR= +0 . 005 LINEAR ERROR= N 41 43 31 E 0 . 007 • • li LOT 2 POINT # 1 . ' 0000 . 000 10000 . 000 S 88 52' 56 E 62 .590 POINT # 2 . : 9998 . 779 10062 .578 N 1 7' 4 E 15 . 000 RADIUS POINT # 3 . 10013 . 776 . 10062 . 871 ' DELTA = 90 53 52 LENGTH = 23 .797 TANGENT = 15 . 237 S 89 46 48 E 15 . 000 POINT # 4 . 110013 . 719 10.077 . 871 N 0 13 12 E 51 . 070 POINT # 5 . ;10064 . 788 10078 . 067 • N 88 522 56 W 77 . 830 POINT # 6 . 110066 .306 10000 .251 S 0 13, 12 W 66 .310 POINT # 7 . ' 9999 . 997 9999 . 997 AREA 5109 . 96 SQUARE FEET 0 . 1173 ACRES TOTAL LENGTH= 1257 . 80 NORTHING ERROR -0 . 003. EASTING ERROR= -0 . 003 LINEAR ERROR= S 45 45 14 W 0 . 004 • 1 1 • I _ LOT 3 POINT # 1 . 10000 . 000 10000 . 000 S 88 52 56 E 85 . 050 POINT # 2 . 9998 .341 10085 . 034 N 0 13, 12 E 45 .240 POINT# 3 . 10043 .581 10085 . 208 N 89 46 47 W 15 . 000 RADIUS POINT # 4 . 10043 . 638 10070 . 208 DELTA . = 89 6 8 LENGTH = 23 .327 TANGENT = 14 . 767 N 1 7 5 E 15 . 000 POINT # 5 . 10058 . 635 10070 .500 N 88 52 56 W 70 .290 POINT # 6 . 10060 . 007 10000 .224 N 0 12 39 W 60 . 010 POINT # 7 . 9999 . 997 10000 . 003 AREA 5056 .52 SQUARE FEET 0 . 1161 ACRES TOTAL LENGTH= 260 .59 NORTHING ERROR= -0 . 003 EASTING ERROR= +0 . 003 LINEAR ERROR= S 43 14 9 E 0 . 004 LOT 4 POINT # 1 . 10000 . 000 10000 . 000 S 88 521 56 E 85 . 040 POINT # 2 . 9998 . 341 10085 . 024 N 0 13' 12 E 52 . 920 POINT # 3 . 110051 .261 10085 .227 N 88 52' 56 W 85 . 050 POINT # 4 . :10052 . 920 10000 . 193 S 0 12i 39 W 52 . 920 POINT # 5 . 110000 . 000 9999 . 998 AREA 4500 . 07 SQUARE, FEET 0 . 1033 ACRES TOTAL LENGTH= 1275 . 93 NORTHING ERROR=, +0 . 000 • EASTING ERROR= -0 . 002 LINEAR ERROR= ;N 84 3 6W 0 . 002 • • I LOT 5 POINT # 1 . 10000 . 000 10000 . 000 S 88 521 56 E 85 . 030 POINT # 2 . ' 9998 .3.41 10085 . 014 N 0 131 12 E 52 .930 POINT # 3 . 10051 .271 10085 .217 N 88 52' 56 W 85 . 040 POINT # 4 . 10052 . 930 10000 .193 S 0 121 39 W 52 . 930 POINT # 5 . 10000 . 000 9999 . 998 AREA 4560 .39 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= i275 . 93 NORTHING ERROR +0 . 000 EASTING ERROR= -0 . 002 LINEAR ERROR= IN 84 2 44W 0 . 002 • 4 LOT 6 POINT # 1. 10000 . 000 10000 . 000 S 88 52 ! 56 E 85 . 020 POINT # 2 . ' 9998 . 341 " 10085 . 004 N 0 13 ' 12 E 52 .930 POINT # 3 . 10051 . 271 10085 .207 N 88 52 56 W 85 . 030 POINT # 4 . 10052 . 930 10000 . 193 S 0 12 39 W 52 . 930 POINT # 5 . 10000 . 000 9999 . 998 AREA 4499 . 86 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 275 . 91 NORTHING ERROR +0 . 000 EASTING ERROR= -0 . 002 LINEAR ERROR= N 84 2 44W 0 . 002 • 1 l LOT 7 POINT # 1 . 10000 . 000 10000 .000 S 88 52156 E 44 .770 POINT # 2 . 9999 . 127 10044 .761 N 1 4 12 E 15 . 000 RADIUS POINT # 3 . 10014 . 124 10045 . 042 DELTA = 90 53 52 LENGTH = 23 . 797 TANGENT = 15 . 237 S 89 49 40 E 15 . 000 POINT # 4 . 10014 . 079 10060 . 042 N 0 13 12 E 74 . 760 POINT # 5 . 10088 . 838 10060 .329 N 88 52' 56 W 60 . 020 POINT 4* 6 . 10090 . 009 10000 .320 AREA 5350 . 98 SQUARE FEET 0 . 1228 ACRES TOTAL LENGTH= 269 . 55 NORTHING ERROR=' +0 . 010 EASTING ERROR= -0 . 011 LINEAR ERROR= N 48 38 55W 0 . 015 I 1 1 1 LOT 8 POINT # 1 . 10000 . 000 10000 . 000 S 88 52 '56 E 50 . 010 POINT # 2 . 9999 .024 10050 . 000 N 0 12 '39 E 90 . 000 POINT # 3 . 10089 . 024 10050 . 332 N 88 52 56 W 50 . 010 POINT # 4 . 10089 .999 10000 .331 S 0 12 39 W 90 . 000 POINT # 5 . 10000 . 000 10000 . 000 AREA 4500 .34 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 280 . 02 • NORTHING ERROR=I +0 . 000 EASTING ERROR= -0 .000 LINEAR ERROR= N 73 20 41W 0 . 000 LOT 9 POINT # 1 . 10000 . 000 10000 . 000 S 89 48I12 E 29 . 000 RADIUS POINT # 2 . 9999 . 900 10029 . 000 ' DELTA = 89 5 2 LENGTH = 45 . 089 TANGENT = 28 .540 S 1 6, 46 W 29 . 000 POINT # 3 . 9970 . 906 10028 .437 S 88 521 56 E 31 .470 POINT # 4 . I9970 . 292 10059 . 901 N 0 12' 39 E 90 . 000 POINT # 5 . 10060 .291 10060 .232 N 88 52' 56 W 60 . 020 POINT # 6 . 10061 .462 10000,.223 S 0 12' 7 W 61 .460 POINT # 7 . 10000 . 003 10000 . 007 AREA 5226 . 82 SQUARE FEET 0 . 1200 ACRES TOTAL LENGTH= 242 . 95 NORTHING ERROR= +0 . 003 EASTING ERROR= +0 . 007 LINEAR ERROR= 'N 68 15 40 E 0 . 007 • LOT 10 POINT # 1 . 10000 . 000 10000 . 000 S 88 52 '56 E 85 . 020 POINT # 2 . 9998 .341 10085 . 004 N 0 12 : 39 E 52 . 930 POINT # 3 . • 10051 .271 10085 . 199 N 88 5256 W 85 . 030 POINT # 4 . 10052 . 930 10000 . 185 S 0 12 , 7 W 52 .930 POINT # 5 . 10000 . 000 9999 .998 AREA 4499 . 86 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 275 .91 NORTHING ERROR= +0 . 000 EASTING ERROR -0 . 002 LINEAR ERROR= N 84 52 50W 0 . 002 LOT 11 POINT # 1 . 10000 . 000 10000 . 000 S 88 52 56 E 85 . 030 POINT # 2 . 9998 . 341 10085 . 014 N 0 12 39 E 52 . 930 POINT # 3 . !10051 .271 10085 .209 N 88 52 56 W 85 . 040 POINT # 4 . 10052 . 930 10000 . 185 S 0 12 7 W 52 . 930 POINT # 5 . 10000 . 000 9999 . 998 AREA 4500 .39 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 1275 . 93 NORTHING ERROR +0 . 000 EASTING ERROR= -0 . 002 LINEAR ERROR= iN 84 52 50W 0 . 002 LOT 12 • POINT # 1 . 10000 . 000 10000 . 000 S 88 52 56 E 85 . 040 POINT # 2 . , 9998 . 341 10085 . 024 N 0 12 39 E 52 . 920 POINT # 3 . 110051 . 261 10085 .219 N 88 52 56 W 85 . 050 POINT # 4 . 110052 . 920 10000 . 185 S 0 12 7 W 52 . 920 POINT # 5 . 110000 . 000 9999 . 998 AREA 4500 . 07 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= ;275 . 93 NORTHING ERROR= +0 . 000 EASTING ERROR= -0 . 002 LINEAR ERROR= !N 84 53 5W 0 .002 LOT 13 POINT # 1. 10000 . 000 10000 . 000 S 88 52 56 E 85 . 050 POINT # 2 . ' 9998 .341 10085 . 034 N 0 12 39 E 60 . 010 POINT # 3 . i10058 . 350 10085 . 255 N 88 52 56 W 69 . 820 POINT # 4 . 10059 . 712 10015 .448 S 1 7 4 W 15 . 000 RADIUS POINT # 5 . 10044 . 715 10015 . 155 DELTA = 90 54 58 LENGTH = 23 . 802 TANGENT = 15 .242 N 89 47 54 W 15 . 000 POINT # 6 . 10044 . 768 10000 .155 AREA 5053 . 52 SQUARE FEET 0 . 1160 ACRES TOTAL LENGTH= 259 . 65 NORTHING ERROR= -0 . 002 EASTING ERROR= -0 . 002 LINEAR ERROR= S 56 38 37 W 0 . 003 LOT 14 POINT # 1 . ,10000 . 000 10000 . 000 S 89 47, 53 E 83 .290 POINT # 2 . . 9999 .706 10083 .289 N 0 12 7 E 37 . 070 POINT # 3 . A0036 . 776 10083 .420 N 89 46 28 W 15 . 000 RADIUS !POINT # 4 . 10036 . 835 10068 .420 DELTA = 72 29 8 LENGTH = 18 . 977 TANGENT = 10 . 996 N 17 44 24 E 15 . 000 POINT # 5 . 10051 .122 10072 . 991 N 17 42 20 E 64 .500 RADIUS POINT # 6 . 10112 . 567 10092 . 607 DELTA = 22 30 45 LENGTH 25 .343 TANGENT = 12 . 837 S 40 13 5 W 64 .500 POINT # 7 . ;10063 .315 10050 . 959 N 89 47 53 W 50 .730 POINT # 8 . i10063 .494 10000 .230 S 0 12 7 W 63 .500 POINT # 9 . 9999 . 994 10000 . 006 AREA 4966 .58 SQUARE FEET 0 .1140 ACRES TOTAL LENGTH= 234 . 59 NORTHING ERROR= -0 . 006 EASTING ERROR= +0 . 006 LINEAR ERROR= S 45 2 18 E 0 . 008 • LOT 15 POINT # 1 . 10000 . 000 10000 . 000 S 89 47 53 E 83 .290 POINT # 2 . 9999 .706 ]:0083 .289 N 0 12 7 E 54 . 030 POINT # 3 . 10053 . 736 10083 .480 N 89 47 53 W 83 .290 POINT # 4 . 10054 . 030 10000 .190 S 0 12� 7 W 54 . 030 POINT # 5 . 10000 . 000 10000 . 000 AREA 4500 . 16 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 274 . 64 NORTHING ERROR= +0 .000 EASTING ERROR= -0 . 000 LINEAR ERROR= N 9 41 11W 0 . 000 1 • LOT 16 POINT # 1 . i10000 . 000 10000 . 000 S 89 47 53 E 83 .290 POINT # 2 . 1 9999 . 706 10083 . 289 N 0 12 7 E 54 . 030 POINT # 3 . 10053 . 736 10083 .480 N 89 47 53 W 83 .290 POINT # 4 . 10054 . 030 10000 . 190 S 0 12 7 W 54 . 030 POINT # 5 . 10000 . 000 10000 . 000 AREA 4500 . 16 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 274 . 64 NORTHING ERROR_ +0 . 000 EASTING ERROR= -0 . 000 LINEAR ERROR= ;N 9 41 11W 0 . 000 LOT 17 POINT # 1. 10000 . 000 10000 . 000 S 89 47 , 53 E 83 .290 POINT # 2 . 9999 . 706 10083 .289 N 0 12 7 E 54 . 030 POINT # 3 . 10053 . 736 10083 .480 N 89 47 53 W 83 .290 POINT # 4 . 10054 . 030 10000 . 190 S 0 12; 7 W 54 . 030 POINT # 5 . 10000 . 000 10000 . 000 AREA 4500 . 16 SQUARE FEET 0 .1033 ACRES TOTAL LENGTH= 274 . 64 NORTHING ERROR=' +0 . 000 EASTING ERROR -0 . 000 LINEAR ERROR= N 9 41 11W 0 . 000 lot 18 POINT # 1 . 10000 . 000 10000 . 000 S 89 47 ; 53 E 83 .290 POINT # 2 . 9999 . 706 10083 .289 N 0 12 7 E 54 . 030 POINT # 3 . 10053 . 736 10083 .480 N •89 47 53 W 83 .290 POINT # 4 . 10054 . 030 10000 .190 S 0 12, 7 W 54 . 030 POINT # 5 . 10000 . 000 10000 . 000 AREA 4500 . 16 SQUARE FEET 0 . 1033 ACRES TOTAL LENGTH= 27.4 . 64 NORTHING ERROR +0 . 000 EAS,TING ERROR= -0 .000 LINEAR ERROR= N 9 41 11W 0 . 000 • LOT 19 POINT # 1 . 10000 . 000 10000 . 000 S 89 47 53 E 93 .520 POINT .# 2 . 9999 . 670 10093 . 519 N 59 3; 28 E 71 . 000 RADIUS POINT # 3 . 10036 .177 10154 .415 ' DELTA = 31 8 48 LENGTH = 38 .596 TANGENT = 19 . 788 N 89 47 44 W 71 . 000 POINT # 4 . 10036 .430 10083 .416 N 0 12, 7 E 16 .280 POINT # 5 . 10052 . 710, 10083 .473 N 89 47, 53 W 83 .290 POINT # 6 . 10053 . 004 10000 . 183 S 0 12' 7 W 53 . 000 POINT # 7 . 10000 . 004 9999 . 997 AREA 45316 .10 SQUARE FEET 0 . 1041 ACRES TOTAL LENGTH= '246 . 09 NORTHING ERROR= +0 . 004 EASTING ERROR= -0 . 003 LINEAR ERROR= N 40 43 6W 0 . 005 LOT 20 POINT # 1 . 10000 . 000 10000 . 000 S 89 47 53 E 85 .260 POINT # 2 . 9999 . 699 10085 .259 N 39 13 39 E 40 . 760 POINT # 3 . 10031 .274 10111 . 036 N 37 50 53 E 71 . 000 RADIUS POINT # 4 . 10087 . 338 10154 . 600 DELTA = 21 12 59 LENGTH = 26 .291 TANGENT = 13 .298 S 59 3 52 W 71. 000 POINT # 5 . 10050 . 839 10093 . 700 S 0 12' 7 W 51 . 170 POINT # 7 . 9999 . 999 10000 . 000 AREA 5078 . 68 SQUARE FEET 0 . 1166 ACRES TOTAL LENGTH= 270 . 71 NORTHING ERROR= -.0 . 001 EASTING ERROR= -0 . 000 LINEAR ERROR= S 8 21 19 W 0 . 001 • LOT 21 POINT # 1. 10000 . 000 10000 . 000 S 88 21 10 E 85 .270 POINT 4# 2 . 9997 .549 10085 .235 N 0 13' 12 E 82 . 660 POINT # 3 . 10080 .208 10085 .552 • N 89 47 53 W 85 .260 POINT # 4 . 10080 .509 10000 .293 S 0 12' 7 W 80 .510 POINT# 5 . 9999 . 999 - 10000 . 009 • AREA 6954 . 87 SQUARE FEET 0 . 1597 ACRES TOTAL LENGTH= '333 . 70 NORTHING ERROR= -0 . 001 EASTING ERROR= +0 . 009 LINEAR ERROR= IS 85 20 33 E 0 . 009 • • • LOT 22 POINT # 1 . 10000 . 000 10000 . 000 S 88 21 10 E 50 . 020 POINT # 2 . 9998 .562 10049 . 999 N 0 13, 12 E 103 .400 POINT # 3 . 10101 . 961 10050 .396 N 15 43 53 E 71 . 000 RADIUS !POINT # 4 . 10170 .302 10069 . 646 DELTA = 22 6 10 LENGTH = 27 . 389 TANGENT = 13 . 867 S 37 50 3 W 71 . 000 POINT # 5 . 10114 .227 10026 . 097 S 39 13 39 W 40 . 760 POINT# 6 . ;10082 . 653 10000 .320 LOT 23 POINT # 1 . 10000 . 000 10000 . 000 S 88 21 10 E 50 . 020 POINT # 2 . 9998 .562 10049 . 999 N 0 13 12 E 101 . 570 POINT # 3 . 10100 . 131 10050 .389 N 88 52. 56 W 32 . 120 POINT # 4 . 10100 . 758 10018 .275 N 1 6 28 E 71 . 000 RADIUS POINT # 5 . 10171 . 745 10019 . 648 DELTA = 14 37 11 LENGTH = 18 . 117 TANGENT = 9 . 108 S 15 43 39 W 71 . 000 POINT # 6 . 110103 .403 10000 .403 S 0 13 12 W 103 .400 POINT # 7 . 10000 . 004 10000 . 006 AREA 5080 .41 SQUARE FEET 0 . 1166 ACRES TOTAL LENGTH= 287 . 11 NORTHING ERROR; +0 . 004 EASTING ERROR= +0 . 006 LINEAR ERROR= N 57 15 20 E 0 . 007 LOT 23 POINT # 1. 10000 . 000 10000 . 000 S 88 21 10 E 50 . 020 POINT # 2 . 9998 .562 10049 . 999 N 0 13' 12 E 101 .570 POINT # 3 . 10100 . 131 10050 .389 N 88 52' 56 W 32 . 120 POINT # 4 . 10100 . 758 10018 . 275 N 1 6, 28 E 71 . 000 RADIUS POINT # 5 . 10171 . 745 10019 . 648 , DELTA = 14 37 11 LENGTH = 18 . 117 TANGENT = 9 . 108 S 15 43 39 W 71 . 000 POINT # 6 . 10103 .403 10000 .403 S 0 13 12 W 103 .400 POINT # 7 . 10000 . 004 10000 . 006 AREA 5080 .41 SQUARE FEET 0 . 1166 ACRES TOTAL LENGTH= 1287 . 11 NORTHING ERROR= +0 . 004 EASTING ERROR= +0 . 006 LINEAR ERROR= 'N 57 15 20 E 0 . 007 LOT 24 POINT # 1 . 10000 . 000 10000 . 000 S 88 2110 E 50 . 020 POINT # 2 . 19998 .562 10049 . 999 N 0 13 12 E 102 . 030 POINT # 3 . 10100 .591 10050 .391 N 88 52' 56 W 50 . 010 POINT # 4 . 10101 .567 10000 .391 S 0 13 12 W 101 .570 POINT # 5 . 9999 . 998 10000 . 001 AREA 5090 .34 SQUARE FEET 0 .1169 ACRES TOTAL LENGTH= 303 . 63 NORTHING ERROR= -0 . 002 EASTING ERROR= +0 . 001 LINEAR ERROR= S 14 48 41 E 0 . 002 LOT 25 POINT # 1 . 10000 . 000 10000 . 000 S 88 21 10 E 44 . 640 • POINT # 2 . 9998 . 717 10044 . 622 N 1 38' 50 E 15 . 000 RADIUS POINT # 3 . 10013 . 711 10045 . 053 DELTA = 91 25 38 LENGTH = 23 . 936 TANGENT = 15 .378 S 89 46, 48 E 15 . 000 POINT # 4 . 10013 . 653 10060 . 053 N 0 13: 12 E 72 .440 POINT # 5 . 10086 . 092 10060 .331 N 89 45, 22 W 15 . 000 RADIUS POINT # 6 . 10086 . 156 10045 .331 DELTA = 89 6 8 LENGTH 23 .327 TANGENT = 14 . 767 N 1 8' 30 E 15 . 000 POINT # 7 . 10101 . 153 10045 . 630 N 88 52 56 W 45 .240 POINT # 8 . 20102 . 036 10000 . 398 S 0 13: 12 W 102 . 030 POINT # 9 . 20000 . 007 10000 . 007 AREA 6040 .44 SQUARE FEET 0 . 1387 ACRES TOTAL LENGTH= '264 .35 NORTHING ERROR= +0 . 007 EASTING ERROR= +0 . 007 LINEAR ERROR= ;N 44 55 20 E 0 . 009 • _ :ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 01-31-2002 Land Use Actions RECEIPT Permit#: LUA02-016 Payment Made: 01/31/2002 10:12 AM Receipt Number: R0200515 Total Payment: 1;000.00 Payee: THOMAS FOSTER & GERALD STUMP Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.010.0009 Final Plat 1, 000.00 Payments made for this!receipt OF Trans Method Description Amount `FCpp Payment Check 1125 1, 000.00 0,4*- .1F' Account Balances c 1 :?grP Trans Account Code Description Balance Due 0 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 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