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HomeMy WebLinkAboutPermit L99-0018 - DUJARDIN CONSTRUCTION - FOSTERVIEW ESTATES FINAL SUBDIVISIONL99 -0018 fOSTERVIEW ESTATES SUBDIVISION LAND DEVELOPMENT LAND DIVISION April 17, 2003 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler Dujardin Development Inc PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467776 Dear Mr. Fowler: This letter hereby authorizes the release of the performance bond referenced above in the amount of $150,000.00 for the site monitoring and restoration for erosion control and groundwater seepage for the development known as Fosterview Estates SUBDIVISION located in Tukwila, Washington. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431-3672. Sincerely, Brenda Holt Permit Coordinator encl xc: apr. .. • 4'114747/A0, BE*92119.44-.99,00.1_8,4*. • File No. PW96-0151 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 z • te -J C.) . 0 0 U) CO U.1 ,U) uj Q; g .7S Z 0; :Z • W wl; :uj z -L6 0 w :o z: Dear Nora, PJPJUJLR ARC April 4, 2003 City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 P 9 k our co myCete (o iiiey(anning resource \f‘A feiPto RE: Property Line Dispute with North Neighbors • In connection with the Site Work & Earth Work Completion Bond #1113346776 Fosterview Estates KAPS Job #98013 RECEIVED 'APR 0 9 2003 DEVELOPMENT This letter is to follow up on our meeting of April 151, and subsequent letter of April 1St to Gregg Villanueva, regarding Item #10 on the Punch List dated December 3`d, 1999 —in connection to the release of the bond identified above. Prior to the final plat hearing, we met with the neighbors, showed them the survey information and we believe they were convinced that our survey was correct. We were prepared to respond if they raised this issue at the hearing but didn't need to because the neighbors, who were at the hearing, didn't mention any concern with the boundary. This confirmed that the issue was resolved. Should you have any questions or comments, please do not hesitate to call. ncerely, o : ppler, President Kappler Architects, P.S. 14311 SE 1661 Street . Bellevue, 'WA 98007 1.800.888.4517 • (425)641.5320 . fax: (425)641.5318 C0403_09 Fosterview - North Neighbors issue for bond rels fat i1ceyrattS.Cor . April 2, 2003 Cii of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler Dujardin Development Inc PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467768 Dear Mr. Fowler: This letter hereby authorizes the release of the performance bond referenced above in the amount of $12,775.00 for the wetland plantings located in Fosterview Estates, Tukwila, Washington. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431 -3672. Sincerely, Brenda Holt Permit Coordinator encl / xc: File No. L99 -0018/ 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 April 1, 2003 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler Dujardin Development Inc PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467750 Dear Mr. Fowler: This letter hereby authorizes the release of the performance bond referenced above in the amount of $7,883.00 for the installation of Phase I located in Fosterview Estates, Tukwila, Washington. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431 -3672. Sincerely, IAA 14744-J Brenda Holt Permit Coordinator encl xc: File No. L99 -0018 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z Z 6 -J C.) UO W =" w 0 • ,. J.' LL <. U 3 CJ w 2 z�. 1- Z W la Ili CO! 0 April 1, 2003 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler Dujardin Development Inc PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467727 Dear Mr. Fowler: This letter hereby authorizes the release of the performance bond referenced above in the amount of $62,954.0 for the installation of Phase II landscaping for lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22 and 23 located in Fosterview Estates, Tukwila, Washington. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431 - 3672. Sincerely, Brenda Holt Permit Coordinator end xc: File No. L99 -0018 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 ?:`, z =H.: 6 JU: U O' • C; cn W: • 1 tit a u_a W: Z ..0 U' •;o' WW U • • u_ O? • ui OF" .z AlderNW March 30, 2003 Project No. 032803 z W Q: Dujardin Development Company 6= JU GO John Kappler U o Kappler Architects, P.S. u) w' 14311 SE l6'a Street Bellevue, Washington 98007 o w 0: U As requested I have competed a monitoring inspection of the wetland mitigation area for the foster view 2 a Estates project in Tukwilla. The purpose of our work was to evaluate the conditions on the designated 0 �. wetland mitigation area to make a determination of the success of the project in meeting the intent of :0 l..-,, the wetland mitigation design plan. = w° II- In completing this monitoring inspection — H-: p g pection and report I have reviewed the Final Wetlands 0 LLiz Mitigation/Enhancement Plan dated March 13, 1996 prepared by Terra Associates. This mitigation U N; plan was completed by myself while employed at Terra Associates. I also visited the site on March 28, 0 I- 2003 to complete the site observations. Subject: Wetland Mitigation Monitoring Foster View estates Tukwilla, WA Dear Mr. Kappler: The Wetlands Mitigation/Enhancement plan was designed and installed as mitigation for impacts to the site wetland from construction of the residential development. The mitigation area includes buffer areas adjacent to the stream corridor crossing the property within Tract "B ", and the buffer area adjacent to lots 38, 39, and 40 in the northeast corner of Tract "A ". Mitigation work involved plantings of native trees and shrubs within the designated buffer areas. As stated in the Final Wetlands Mitigation/Enhancement Plan for the project, the purpose of the plantings in the buffer within Tract A is to supplement the existing shrub understory with plantings of conifer trees and native shrubs. The purpose of the plantings along the stream corridor in Tract B is to accelerate the revegetation of disturbed areas and enhance the density of the shrub layer along the buffer. 518 North 59th Street, Seattle, Washington 98103• Phone (206)783 -1036 email aldernweaol.com ruuu zappter March 31, 2003 Standards of success for the mitigation work were identified in the Final Wetlands Mitigation Plan as follows: "A determination of the success in achieving the mitigation goals and objectives shall be based on a survival rate of 80% of planted materials at the end of the two year monitoring period." It is my understanding that the plantings for the mitigation work were installed prior to February, 1999 and that the completion of the work was acknowledged and approved by city of Tukwilla staff. A maintenance bond for the mitigation work and covering the period from January, 2000 to January 2002 was obtained by Dujardin Development Company. The term of the maintenance bond has expired and can be released with demonstration that the standards of success have been satisfied. I made a count of the surviving plant materials in the mitigation areas in Tracts "A" and "B ". Results of that count are shown on Table 1. With the exception of vine maple and willow, the survival rate for the installed plant materials meets the survival standard of 80 %. An additional 40 willow slips were collected from the site and placed along the stream corridor on either side of South 137th Street. With the installation of these plants, the number of willows in place exceeds the number originally specified and these plants included the overall survival rate is 88 %. This number of counted, surviving plants meets the standard of success identified for the project. Surviving plant materials are in good condition and show considerable growth since installation. Western red cedar and Douglas fir trees are generally more than 8 feet in height and show vigorous growth. The red osier dogwood is likewise well established and for the most part at least five feet in height with good branching growth. It is my observation that the growth of the plant materials installed for the wetland mitigation requirement are grwong satisfactorily to meet the intent of the mitigation design. If you have any questions or comments, please call. Sincerely yours, ALDERNW Garet P. Munger Project Scientist Enclosures: Plant Survival Counts Table 1 Project No. 032803 Page No. 2 TABLE 1 Plant Survival Counts Final Wetlands Mitigation Enhancement Plan Foster View Estates Tukwilla, Washington Common Name Specified Number Number of Plant Survival of Plants" Surviving Plants Percentage Western Red Cedar 33 29 88 Douglas fir 11 9 82 Vine maple 10 6 60 Red -Osier Dogwood 144 116 80 Willow 80 48 +(40)" 60 (100)" TOTAL 278 208 (246)" 75 (88)" • Numbers are taken from the Plant Schedule on the Final Wetlands Mitigation/Enhancement Plan dated 3/13/1996. '' • 40 willow slips collected from site were planted on 3t29/03 to supplement surviving willows. line from the Southgate Park boundary eastward. (See Exhibit E- Landscape Sheet L1.1 dated 02-02-00 including note Indicating this homeormers landscaping treatment request) 13. Landscaping: Street trees shall vary between conifers and deciduous. Minimum sizes will be 2 1/2 " caliper; or 8 -10 feet high. Comment: 14. Additional 25, 1994. 15. Comment: The street trees on the perimeter of the site have been installed and vary between conifers and deciduous trees. The minimum size requirement has been met. A performance bond for the internal street trees has been posted as part of the Phase 2landscaping Landscaping installation will occur following construction of the homes on the adjacent lots. The internal street trees will also vary between conifers and deciduous trees. The City will hold the performance bonds until the trees are installed and then inspected and approved by the City. (See Exhibit E- Landscape Sheet L1.1 and L1.5dated 02-02-00). trees shall be provided as shown on Exhibit 2 of the City Council packet dated April The referenced Exhibit 2 is the same Exhibit 2 as provided in the December 1993 Council packet. The landscape plan was revised following the December 1993 approval to meet this condition. The revised landscape plan was discussed at the April 1994 Council proceedings and it was determined that the revised landscape plan was consistent with the requirements of this condition. The landscape plan continues to meet this requirement (See Exhibit 5- Landscape Sheet L1.1 dated 02 -02 -0O) The Final Wetlands Mitigation /Enhancement Plan is for the roadway crossing and buffer reduction. The plan must be provided to and approved by DCD prior to issuance of Land Altering Permits. Recommended vegetation must include a diversity of trees compatible with existing vegetation. The Final Wetlands Mitigation Plan shall contain the following at a minimum: A. The amount of clearing and grading proposed for the roadway crossing at the watercourse and any grading within the associated wetland/buffer areas including cross - sections showing areas of disturbance; B. A report which describes: • The purpose of the enhancement /restoration; • The areas to be enhanced /restored; • How the areas will enhanced /restored; • The selected plantings for roadway crossing and buffer reductions; • When the enhancement will occur; • A 2 -year maintenance /monitoring program. Fosterview Estates - Exhibit D Page 5 of 13 Dujardin \FPExhD Comment: A final wetland mitigation /enhancement plan was prepared by Terra Associates on March 13, 1996 and approved by the City. The City inspected the planting on June 10, 1999. By its June 15, 1999 letter, the City acknowledged that the enhancement plan had been correctly implemented with a minor exception in regard to some missing plants. These missing plants have been installed and a bond has been posted for maintenance and monitoring for the required 2-year period (Bond No. 11133467768). 16. Should a sign be proposed at some future date, the design shall be reviewed by DCD to ensure it is in keeping with the overall design of the project and that it is sited so as not to obstruct visibility to vehicles. Comment: The Applicant has not submitted an application for a sign and acknowledges that a sign proposed at a future date will be re vie rued by DCD for compliance with this condition. 17. Street lighting shall be redesigned to be more in keeping with the residential character of the area. The final design shall be administratively approved by DCD. Comment: The street lighting has been redesigned and was approved by City staff on June 4, 1998. The electrical design and layout was prepared by Armstrong Engineers for Service Electric and includes "Centrecon Poles and GE Luminaire" fixtures. The streetlights have been installed and were inspected and approved by the State Department of Labor and Industries on October 1, 1998 (L&I project # 1243420). (See detail on Exhibit E- Street and Grading Plan sheet P1.5). z ■ =- f.. w 2 U0 moo. CO ILI J H w0 2 =• d w z� 0` Z F- w w° o. U U' 0 I-. w ur z 18. The discrepancy between the Landscape Plan and Grading Plan related to areas to be held in v open space easements shall be corrected. The correction shall accurately delineate the boundaries of these areas. The revised Landscape Plan and Grading and Street Plans must be z consistent and provided prior to issuance of Land Altering Permits. Comment: The Applicant corrected the discrepancy during the land altering permit review to ensure that the Landscape Plan and Grading and Street Plans accurately delineated the boundaries of the open space easement areas and TractA and B. These•areas to be held in open space easements are shown on the Final Plat (See ErhibitA - Final Plat Sheet 3 of 4 dated 02-07-00). 19. The developer shall erect a permanent three -foot high split -rail wood fence along the boundaries of all open space easement locations prior to any grading. Comment: Prior to anygrading, the Applicant installed a permanent three -foot high split rail wood fence along the boundaries of TractA and B. The fencing has been maintained and signs have also been posted on the fence approximately every 100 feet to indicate the need to protect the open space. Fosterview Estates - Exhibit D Page 6 of 13 Dujardin \FPExhD • 1-1., ARC cp 1� ur cum}'(ctC homey it HO March 27, 2003 Ms. Nora GeirlolT City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 RECEIVED MAR 2 7 2003 COMMUNITY DEVELOPMENT Re: Plat of Fosterview Estates, Tukwila Phase I Landscaping Maintenance Bond 11133467750 Amount: $7,883 Dear Ms, Gierloff, Please accept this letter as certification that the above landscaping has been successfully installed per the requirements of the Bond. Sincerely, Jo r Kappler Kappler Architects P.S. PC Dujardin Development C0327_83 Letter to Nora Gierloff re fosterview.doc 14311 SE 16rk Srreer . We((evue, WO. 98007 1.800.888.4517 • (425)641.5320 . fux: (425)641.5318 www.(rayp(rkomey(ans.com I-. z r4 u�D U O` w w w I; CD LL w • g J: w: z�; zI U 0 ,OQ w 111 (0 U 0 ~' z I p 1,o1r)• Comple'rc tic) ?1)c• pid11ili110 )• otirc� March 27, 2003 Ms. Nora Geirloff City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Re: Plat of Fosterview Estates, Tukwila Landscape Completion Bond #11133467727 (Phase II) Lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22 and 23 Amount: S62,954.10 Dear Ms. Gierloff, Please accept this letter as certification that the above landscaping has been successfully installed per the requirements of the Bond. PC Dujardin Development C0327_85 Letter to Nora Gierloff re fosterview phase2b.doc 14311 SE 16th Srreer . Bellevue, W 4 98007 1.800.888.4517. (425)641.5320 .fax: (425)641.5318 w►aw.(cayylerhomey12ns.com z Z JU; OO co cn W w =; J 1._. Cl). LL in 0 LL Q co D z o. z 2 Di U 0 N: ;off; w W 1- . UY fW _r. KAPPLT[R toLtiti. 9 VC) r C HI "Icrc liC'rnc pILI11H H.0 rr;0LI YiC March 27, 2003 Ms. Nora Geirloff City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Re: Plat of Fosterview Estates, Tukwila Landscape Completion Bond #11133467735 (Phase II) Lots 18, 19, 20, 25, 26, 35, 36, 37, 38 and 39 Amount: $62,954.10 Dear Ms. Gierloff, Please accept this letter as certification that the above landscaping has been successfully installed per the requirements of the Bond. incerely, John' = ppler Kappl Architects P.S. PC Dujardin Development C0327_84 Letter to Nora Gierloff re fosterview phase2.doc 14311 SE 16th Street . Bellevue, 'WJ[ 98007 2.800.888.4527. (425)641.5320 . fax: (425)642.5318 www.iaffkriumeyans.com •z Z: • mow: I. O: CO De 0w W I :. 0 W w O;: z �. U � w.W! ALI& tli U N z 4" 111332/&773. LANDSCAPING DECLARATION ��� Co. a' . �� declare as follows: z �w UO N0: CO w w =. J �. u_. w o'. gQ; co D z� 1- o z 1. I am the (er or authorized agent of the owner of the property, or (circle one) b) landscape architect who prepared the approved landscape plan, or c) landscape contractor hired to install the approved plantings, responsible for executing the approved landscape plan for the property located at Ft/dTEcut5w ES`t -pvrE$ , Tukwila, Washington. 2. The permits obtained for this project include: (P14-ASE a Building Permit D La's 18 , • 1 q (.C) �� , . S, 2. (Pc 3 C, 3191 3 ? 3'' t 3 9 Land Altering Permit MI - Design Review Permit L - Other Permit 3, I certify that the landscaping and irrigation devices shown on the approved landscaping plans for this property have been installed in conformance with those plans as documented in the Landscape Checklist, w D U0 ww I U F-- o Z 4, I understand that changes to any of the following aspects of the approved landscape plan o N require a revision to the plans and approval by the City of Tukwila. a) Minimum number of trees, shrubs and ground cover; b) Location of required plantings or planting areas; c) Substitution of species required by permit conditions to mitigate environmental impacts; d) Compliance with the Tree Ordinance for sensitive areas. NOTE: If any of these items have been changed do not sign this Declaration until a revised landscape plan has been approved by the Tukwila Department of Community Development. I declare under penalty of perjury under the laws of the State of Washington that the preceding is true and correct. , Washington. Md /Q3C d1IM >1nl wt1SO : E ti 60i S2 at iL 1 LANDSCAPING CHECKLIST Checklist to accompany Landscaping Declaration: Yes No Size of installed plants is per approved plan. Spacing of installed plants is per approved plan. Approximate location of trees, shrubs and ground cover is per the approved plan. Note: if the size of the nursery pots of ground cover are increased and therefore fewer pots have been installed attach a description showing how the proposed changes meet Landscape Code standards. Substitutions The following species have been substituted after approval by the Department of Community Development. Number of Plants pproved Species Installed Species Size itJe- E'd Md /QDQ zflIM >1f .L 14d90:0T E0, S2 cit►H LANDSCAPING DECLARATION , I U �p l v I vacs n W, declare as follows: 1. I am the er or authorized agent of the owner of the property, or (circle one) b) landscape architect who prepared the approved landscape plan, or c) landscape contractor hired to install the approved plantings, responsible for executing the approved landscape plan for the property located at PI -ME la 'FoSwiti J €uJ Gs`rAstss , Tukwila, Washington. The permits obtained for this project include: $an0 1 1(1 3 3 i'G t77,2 7 Building Permit D - lots .5., l�, ?t ie t 9,10( (I , la , a (i .2,2 f a.3 Land Altering Permit MI - Design Review Permit L - Other Permit 3. I certify that the landscaping and irrigation devices shown on the approved landscaping plans for this property have been installed in conformance with those plans as documented in the Landscape Checklist, 4. I understand that changes to any of the following aspects of the approved landscape plan require a revision to the plans and approval by the City of Tukwila. a) Minimum number of trees, shrubs and ground cover; b) Location of required plantings or planting areas; c) Substitution of species required by permit conditions to mitigate environmental impacts; d) Compliance with the Tree Ordinance for sensitive areas. NOTE: If any of these items have been changed do not sign this Declaration until a revised landscape plan has been approved by the Tukwila Department of Community Development. I declare under penalty of perjury under the laws of the State of Washington that the preceding is true and correct. Dated 0260 Opal at atize tif , Washington. aov3 E'd /./ ..i∎dir.& Signature Md /aDa d-lIMNl1 NOSO :OT EO i SE cltM LANDSCAPING CHECKLIST Checklist to accompany Landscaping Declaration: Yes No ❑ Size of installed plants is per approved plan, ❑ Spacing of installed plants is per approved plan. ❑ Approximate location of trees, shrubs and ground cover is per the approved plan. Note: if the size of the nursery pots of ground cover are increased and therefore fewer pots have been installed attach a description showing how the proposed changes meet Landscape Code standards. Substitutions The following species have been substituted after approval by the Department of Community Development. Number of Plan Approved Species Installed Species Size E'd Md /aDQ tnimmni WH90: 0T EQ, £3 a+W z 6 oo : cn o. W =: J 0, g =d° �_, z�. o U 0;. wo '0 W W. IL I--V` O: z!. U� 0~ isDUJARDIN Development Company AN ALLEGRE ENTERPRISE March 24, 2003 Ms. Brenda Holt City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 DEVELOPMENT / CONSTRUCTION / MANAGEMENT 9623 - 32nd ST. S.E., BLDG. D, EVERETT, WA 98205 / P.O. BOX 1059, SNOHOMISH, WA 98291 PHONE 425 / 334 / 5018 FAX 425 / 334 / 5041 Re: Plat of Fosterview Estates, Tukwila Phase I Landscaping Maintenance Bond 11133467750 Amount: $7,883 Dear Ms. Holt: RECEIVED MAR 2 5 2003 COMMUNITY DEVELOPMENT Attached is a copy of the referenced landscaping maintenance bond which was issued in January 2000. This was a two year maintenance bond from January 2000 to January 2002. All landscape work within the plat of Fosterview Estates has now been completed. We are therefore requesting your written authorization to release this bond. If you have any questions concerning this, or need additional information, please contact our office. Sincerely, ,. i 3i. Ponath - rrison Vice President Pc: John Kappler, Architect Enclosure DUWARDIN Development Company AN ALLEGRE ENTERPRISE March 24, 2003 Ms. Brenda Holt City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 .DEVELOPMENT / CONSTRUCTION / MANAGEMENT 9623 - 32nd ST. S.E., BLDG. D, EVERETT, WA 98205 / P.O. BOX 1059, SNOHOMISH, WA 98291 PHONE 425 / 334 / 5018 FAX 425 / 334 / 5041 Re: Plat of Fosterview Estates, Tukwila Wetland Mitigation Maintenance Bond11133467768 Amount: $12,775 Dear Ms. Holt: RECEIVED MAR 2 5 2003 COMMUNITY DEVELOPMENT Attached is a copy of the referenced Wetland Mitigation Maintenance Bond. This was a two -year maintenance bond from January 2000 to January 2002. We believe the terms of the maintenance bond have been satisfied. We are therefore requesting your written authorization to release this bond. If you have any questions concerning this, or need additional information, please contact our office. Sincerely, 9/.4 4.42//0" inx Ponath H rrison Vice President Pc: John Kappler, Architect Enclosure z F- w. 00 CO 0 LU J I— w0 2 La = W H =. z F. 1-o z I- U• 0. o -, O E- w w. IU LI 0 ..z • = z IIIIDevelopment Company AN ALLEGRE ENTERPRISE DUWARDIN February 13, 2003 Ms. Brenda Holt City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 DEVELOPMENT / CONSTRUCTION / MANAGEMENT 9623 - 32nd ST. S.E., BLDG. D, EVERETT, WA 98205 / P.O. BOX 1059, SNOHOMISH, WA 98291 PHONE 425 / 334 / 5018 FAX 425 / 334 / 5041 RECEIVED FEB 1 8 2003 COMMUNITY DEVELOPMENT Re: Plat of Fosterview Estates, Tukwila Landscape Completion Bond #11133467727 (Phase II) Lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22 and 23 Amount: $62,954.10 Dear Ms. Holt: Attached is a copy of the referenced Landscape Completion Bond. Per our construction superintendent all the landscape work for the lots subject to this bond is now complete. We are therefore requesting your written authorization to release this bond. If you have any questions concerning this, or need additional information, please contact our office. Sincerely, Ponath Harrison ice President DWARDI N Development Company AN ALLEGRE ENTERPRISE February 13, 2003 Ms. Brenda Holt City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 DEVELOPMENT / CONSTRUCTION / MANAGEMENT 9623 - 32nd ST. S.E., BLDG. D, EVERETT, WA 98205 / P.O. BOX 1059, SNOHOMISH, WA 98291 PHONE 425 / 334 / 5018 FAX 425 / 334 / 5041 RECEIVED FEB 18 2003 DEVELOPMENT Re: Plat of Fosterview Estates, Tukwila Landscape Completion Bond #11133467727 (Phase II) Lots 18, 19, 20, 24, 25, 26, 35, 36, 37, 38 and 39 Amount: $62,954.10 Dear Ms. Holt: Attached is a copy of the referenced Landscape Completion Bond. Per our construction superintendent all the landscape work for the lots subject to this bond is now complete. We are therefore requesting your written authorization to release this bond. If you have any questions concerning this, or need additional information, please contact our office. Sincerely, Ponath Harrison Vice President Performance Bonds Since the site work has not been completed, the earthwork and erosion control facilities need to be inspected regularly. Additionally, there is a list of construction items that need to be completed. To accomplish this work, it is recommended that the Applicant submit a performance bond in the amount of $150,000 for the accomplishment of the following work: 1. From October to March, the site is to be inspected weekly. If required, any maintenance of the erosion control facilities will be accomplished immediately. 2. From October to March, Terra and Associates, or another City approved geotechnical engineer should inspect the site biweekly and stipulate that either there has been no seepage or additional drainage is required and has been installed to correct the problem. This requirement is to continue until the individual houses have been built. a • ■ Z. CC 2 UO CO W 0. 3. All punch list items associated with the site preparation are to be resolved z o before house construction starts. See attached list, dated December 3, UJ �. 1999. This bond can'be. released upon approval of the building permits for o the houses. 'o -. ww Conditions to be included on the Final Plat Documents L. p. z tu 1. Terra Associates, or another City approved geotechnical engineering fin.. to is to review and approve building and grading plans on a lot -by -lot basis; oz provide specific recommendations on a lot -by -lot basis for all temporary excavations, footings, foundation, and floor slab placements, and mitigation measures; revidw and approve plans for installation of all footings, foundations, and floor slabs. 2. Terra Associates, or another City approved geotechnical engineering firm, to observe all lot development activities, site work, including excavations, construction of all footings, foundations, retaining walls, and floor slab placements and certify that the work has been accomplished in accordance with their recommendations and addresses all geotechnical issues. Daily reports to be submitted to the City. 3. For Lots 21 through 34, the unsuitable fill material shall be over excavated during construction of foundations, footings, and floor slabs. Additionally, there will be limited excavation and _removal of the unsuitable soil during driveway construction. At all times Terra and Associates, or another City approved geotechnica engineering firm, is to 18 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Jinx Ponath Harrison Dujardin Development Company PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467743 Dear Mr. Harrison: This letter hereby authorizes the release of the bond referenced above in the amount of $34,338.60 for Phase II landscape installation for Lots 27, 28, 29, 30, 31, and 40 for Fosterview Estates. I have enclosed a copy of the bond for your reference. If you should have any. questions, please contact our office at (206)431 -3672. Sincerely, Brenda Holt Permit Coordinator end xc: File No. L99 -0018r 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 4 =H. W, Wes' 0 00, cnW. W =' J I--; CD LL u..< c d: _. z� � o z. 1- w w. U ci 'O S9iuj 'uiZ, U Ns 0 O. z IIIDevelopment Company AN ALLEGRE ENTERPRISE DUMRDI N November 20, 2002 Ms. Brenda Holt City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 DEVELOPMENT / CONSTRUCTION / MANAGEMENT 9623 - 32nd ST. S.E., BLDG. D, EVEREfT, WA 98205 / P.O. BOX 1059, SNOHOMISH, WA 98291 PHONE 425 / 334 / 5018 FAX 425 / 334 / 5041 Re: Plat of Fosterview Estates, Tukwila Landscape Completion Bond #11133467743 Amount: $34,338.60 Dear Ms. Holt: RECEIVED NOV 2 2 2002 DEVELOPMENT Attached is a copy of the referenced Landscape Completion Bond. It is our understanding that the landscape work for the lots subject to this bond is now complete. We are therefore requesting your written authorization to release this bond. If you have any questions concerning this, or need additional information, please contact our office. Sincerely, Panath Harrison Vice President z • z re LI 6 J U U O. U) o' WI J 1. N LL u o LL Q. =d; �—_ zF H O Z f--. U • U O N' 0 I- Lu u. 0 ..z U CO 0 I13renda it - TOSTER EW ESTATES "smd Status.doc wit v* rtoPo FOSTERVIEW ESTATES - Bond Status (as of 9- 26 -02) Bond Description Bond Number Amount Status Installation and completion of clearing, grading and land altering as per City of Tukwila approved plans. 11141570637 $224,000.00 Released 3 -13 -00 Construct bioswale. 11133467602 $16,536.00 Released 5 -20 -00 Remove embankment along the north side of 137th Street and construct retaining wall. 11133467610 $284,325.00 Released 3 -13 -00 Final lift of paving on roads. 11133467628 $48,226.50 Site steps along 44th Avenue (adjacent to lot 40) 11133467636 $11,307.00 Phase II landscaping and installation for lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33, 34 11133467719 $68,677.20 Released 8 -3 -01 Phase II landscaping and installation for lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23 11133467727 $62,954.10 Phase II landscaping and installation for lots 18, 19, 20, 24, 25, 26, 35, 36, 37, 38, 39 11133467735 $62,954.10 Phase II landscaping and installation for lots 27, 28,`29,30, 3.1,40 11133467743 $34,338.60 Phase I landscape maintenance. Assure that planting exhibit vigorous growthWA116(1111 both at the time of plantings and throughout the period of guarantee - Council Condition 10. (include site landscaping and tree replacement; not wetland planting) 11133467750 $7,883.00 Wetlands mitigation maintenance, monitoring program, and contingency - Council Condition 15. 11133467768 $12,775.00 Site monitoring and restoration for erosion control and groundwater seepage. 11133467776 $150,000.00 Three asphalt driveways. Lots 1 and 2, lots 31 and 32, and Lots 33 and 34. (Council Condition 1, 7. Correction Notice). 11133467784 $5,175.00 Released 5 -9 -02 Modified retaining wall along north side of 137'h 11133467818 $45,339.00 kW W OIL J Dear Nora, KAPT,{11 ARC September 16, 2002 City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Driveway of Lot 3 Fosterview Estates KAPS Job #98013 r LC ur comp rere (ionic -p S' 9 1.5. ►CEP 16 2002 COMMUNITY DEVELOPMENT We spoke the last time I was in your office regarding the complaint the city received by the homeowner for lot 3. The complaint stemmed around the belief by the homeowner that the driveway was too steep. After much review on our part, we have concluded that the driveway meets the specifications as set forth by the city and is not too steep. Further, the homeowners acknowledged the slope to the driveway on their purchase and sale agreement. Therefore, we believe the existing driveway in its current configuration should be left as is. Plat Civil Drawings: The design and permitting of the street and sidewalk layout is shown on sheet C -5 of the civil drawing. The last update to this sheet is dated 1- 19 -02. Although this date is more recent than the original LAO permit issuance date, the information relative to the sidewalk slope is unchanged. Section A -A is the closest section cut to lot 3. All vertical curb and gutter details are the same throughout the set and are most clearly seen in section F -F on sheet C -5. The slope on the sidewalk is designed at 2% (assumed to be a maximum as part of DOT standards). The slope is labeled from the back of the sidewalk to the top of •the vertical curb. The back of the sidewalk is kept level at a driveway cut and the slope increases as the sidewalk warps down (the side slope) to the gutter (where there is no vertical curb). At the driveway cut, the sidewalk slope is steeper than 2% by design. The as-built construction conditions meet these criteria as they were surveyed in place. We have verified the datum elevations and the sidewalk slope is at 2 %. During the construction of the plat—including vertical curb and sidewalk —the conditions of construction were reviewed and approved by the city inspection staff. Lot 3 – Home Permitting Drawings: The design and permitting of the home for lot 3 was approved via permit no. D2000 -174. The site plan for lot 3 (sheet P2.4) dated 4 -6 -01 incorporates the standard language requested by the city stating the maximum slope of the driveway at 15 %. The driveway is the paved portion, from the back of the sidewalk to the garage door. Although the driveway goes to the garage C0902_21 City of Tukwila, re. Lot 3 Driveway, #98013 14311 SE 16th Street . Bellevue, Wgt. 98007 1.800.888.4517. (425)641.5320 .fax: (425)641.5318 www.kayyrerfiomeylans.com door, there is a drain grate a-- — oximately 2 feet off of the garage do — This grate is the low point. Therefore, the slope ii.ast be measured from the back of the ..urb to the grate. This dimension is shorter than the 20 -foot house setback (face of garage door). The driveway width is the actual width of the paving between the two points of the curb side slopes. In the case of lot 3 this width is approximately 16 feet. There is an additional driveway piece that was added during the original concrete pour on the uphill side and downhill side of the actual driveway (from what was shown on the permitted documents). The addition driveway piece is approximately 5 feet and 2 inches on the uphill side and 2 feet and 6 inches on the downhill side. We have surveyed the datum elevations and verified the slope. The downhill additional driveway piece is less than 7% slope. The uphill additional driveway piece is 15% on the downhill side along the driveway edge and more than 15% on the extreme uphill side. However, it is not likely that one would enter from the curb side slope (jumping the vertical curb). Therefore, the slope at the driveway width/driveway cut is most relevant. Further, the homeowner has added a great deal of additional concrete in the front yard by the entry walk between the uphill additional driveway piece and the landscape wall. There is no way to resolve the slope of the uphill additional driveway piece. The homeowner's additional concrete matches with the uphill additional driveway piece and the back of the sidewalk Driveway use and observations While on site during my last site visit I observed (from 15 feet away), two midsize four -door sedans drive from the street and into the garage. I did not notice the cars drag on the transition between the sidewalk and the driveway. Although I have not spoken directly with the homeowner of lot 3, I have noticed another car parked on the homeowner's additional concrete. This car had low profile tires, which lowers the car bottom to the road. I believe this is the cause of the dragging. Summary The driveway width (16 feet) is not more than 15 %. The homeowners acknowledged the slope of the driveway on their purchase and sale agreement. The driveway as is meets city standards. We do not intend to modify the existing conditions. Should you have any questions or comments, please do not hesitate to call. Enclosures: cc: Sincerely, John '! a i pler, President Kappler Architects, P.S. Permitted site plan Exhibit A P &S acknowledgement Greg Villanueva Dujardin Brent Carson C0902_2 1 City of Tukwila, re. Lot 3 Driveway, #98013 z 6 -J C.) 0 O0; WI w 0. 2 u_Q F w` Z �. H0 Z I--: uj O co wW —O al z co 0— 0 O z PUG-1 -2J02 13:16 FRO1:DPUID PLLECiRE 4256090E59 Jul 16 01 12:34p 07/1812001 21:48 2513852/ VWMLS Cod, Ne 7c Aitest14uMJAt' itna r nt :(1 6 S rind, Mgt TO:KAPPLER DIN. FAJYP N PACE 09 t; Cxyrrgnt i99ti 14v rt'% ,* r MWUpft Ltmlin4 Swv■ett At. RIGHTS RE:3EItVEO AOOENDUMlAMENDMEN7 TO PURCi4ASEAND SALE AGREEMENT Tna following is pert of II1C Purcnose. end Sale Agreement dated between ; "Seller') and --c��...t- "s�►;�-- -- /�'• /�t,�, .f �.>rssr 111Lt�.�iJ._ ( "Buyer ") -- s concerning V/6 ('the Property"). IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS. P:2/2 P.1 3 C 6 0 i1 7 $ Sr 0 41..._.-_ _27y 4.1 /740. 4it e 42,e d.T t�-� 1r L y p r . r C�NIrCC.17F4' yIt AGENT (COMPANY) BY. ALL OTHER TERMS AND CONDITIONS et sago Agr•Arnont rornarn unchanprd Inlilal0. SUPER: BUYER: Date _,,4f61yJ SELLER 9 15 1d 15 Ic 17 16 20 2t 22 24 26 24 27 Dnte 21//16;//___ 26 Date 28 May 9, 2002 Ciz of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler PO Box 1059 Snohomish, WA 98291 RE: Release of Bond No. 11133467784 Dear Mr. Fowler: This letter hereby authorizes the release of the bond referenced above in the amount of $5,175.00 for the asphalting of driveways for lots 1, 2, 31, 32, 33 and 34 for Fosterview Estates. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431 -3672. Sincerely, Brenda Holt Permit Coordinator encl xc: File No. L99 -0018 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 z z • CC 6 � 0 0; N w w` J. w O' w.¢: _d 1- w. z�. i-o_ z 721 IDC _0,. LLB; 0 Z Dear Nora, kAPPLLR ARC March 15, 2002 City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 Fax: (206) 431 -3665 I I[C P 0 1 1 1 ' c o nl.y ( e t o o me y (a n it i n8 resource / 0.•\(°;.' (a ,f ( Spi ,a, RE: Fosterview Estates Recording Number for the 2 "d amendment to Fosterview Covenants KAPS Job #98013 Here is the recording number for the 2nd Amendment to the Fosterview CCNRs, which resolves the draining issues you raised: RECORDING #20020314001964. Should you have any questions or comments, please do not hesitate to call. Sincerely, 2 Aaron Swain, Office Manager Kappler Architects, P.S. 14311 SE 1Gtli Street . BetCevue, W 98007 1.800.888.4517 • (425)641.5320 . fax: (425)641.5318 CO202_84 City of Tukwila - Recording # for 2nd Amend. C'IL'NfEFOM w'3fitRitleyCa115.LO111 Z 6 w -Jo 00 . moo; W= J CO IL: w 0: J. Via, ux Z. z F- 0: z O ;o �. 'Wm w F —U; O Z; Li! (0; =f. O ~` Z. RETURN ADDRESS Brent Carson BUCK & GORDON 902 WATERFRONT PLACE 1011 WESTERN AVENUE SEATTLE, WA 98104 20020314001964 CHICAGO TITLE OPC 03/14/2962F14'32 KING COUNTY, WA III II II I II II 1f I II jII I I l I tll II I II II II 'I II I' II II 110 1M IM III 1 'll I III I I III II II III 11 II II no II I' II II III; I III IIII IIII III Itll IIII WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65 04) DOCUMENT TITLES) (or transactions contained therein) 4-p it ,, q 1.-.1)‘"' ! I z. SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: /w N/A �/ • Additional reference Us on page of document(s) GRANTORS) (Last name first, then first name and initials) DUJARDIN DEVELOPMENT COMPANY, DECLARANT ■ Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) CHICAGO IRE iNSUltf1AlG£ COffiI'APP! has placed the document of record as a customer courtesy DUJARDIN DEVELOPMENT COMPANY sod accrpts no liability for IN tit tego or val�lly of • Additional names on page of document LEGAL DESCRIPTION (abbreviated i e , lot, block, plat or section, township, range) Portions of Government Lots 2 and 3, Section 15, Township 23 North, Range 4 East, W M , Portion of Tract 67, Riverside Interurban Tracts, Vol 10 of Plats, Page 74, and Portion of Tract 19, Fostona Garden Tracts, Vol 9 of Plats, Page 95, in King County, Washington, also known as The Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065 • Additional legal is on page of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER 43E31949@@8r160018107X/tausbC/044061114161 See Attached ■ Assessor Tax # not yet assigned Y \WP■DUJARDJNPOSTER2NDAMEN D JMG.DOC 1 SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, z EASEMENTS AND RESERVATIONS 1- w FOR FOSTERVIEW ESTATES, 1 A PLANNED RESIDENTIAL DEVELOPMENT o. co 0 co ILI J = co LL WO This Second Amendment to Declaration of Protective Covenants, Restrictions, 2 Easements and Agreements for Fosterview Estates, a Planned Residential Development (the g a "Second Amendment ") is made this 15 day of votes- , 2002 by Dulardin u) a Development Company, a Washington corporation ( "Declarant ") w CHICAGO TITLE INSURANCE COMPANY z H has placed the document of record as a customer courtesy Z 0 a� d accepts no GabiGty for RECITALS AND DECLARATION the accuracy r validity of th cc ? Q ._w 0 Declarant is the developer of the real property and improvements thereon legally o !: �+ described in Exhibit A (the "Property"), commonly known as the Plat of Fosterview Estates The w w , Property is comprised of all the real property shown on maps recorded with the King County i 0, C' under Recording No 20000505000735, Volume 194, Pages 062 -065 o ° z. v U co B Declarant previously recorded that certain Declaration of Protective Covenants, _ Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential o I - c' Development (the "Declaration") under King County Recording No 20000505000736 The Z CV Declaration was previously amended by a First Amendment to the Declaration (the "First CV Amendment ") recorded under King County Recording No 20000505000737 C As the Development Period (as defined in the Declaration) has not terminated, Declarant under the provisions of the Declaration as previously amended, has the authority to amend and wishes to further amend the provisions of the Declaration as provided herein NOW, THEREFORE, Declarant hereby amends the Declaration as follows 1. Maintenance Responsibilities. The Fosterview Estates Homeowners Association. Section 5 1 of the Declaration is hereby deleted in its entirely and replaced with the following 2 Y \WP*DUJARDIN OSIER2NDAMEN D JMO.DOC „ 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable The responsibilities of the Association shall include, but are not limited to, the following and 5 1 1 The cleaning and maintenance of the water courses on Tracts A and B; 5.12 The maintenance, repair and replacement of the fences around and across Tracts A and B, and 5 1 3 The maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, and 514 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along the north boundaries of Lots 1 and 2, and 5 1 5 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along south boundary of Tract B and South 137th Street, and 5 1 6. The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along north boundary of Lots 13 and 14 and the Private Drainage & Pedestrian and Public Utility Easement as shown on the Plat Map, and 5 1 7. The maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance that it determines to be m the best interest of the Owners 2. Maintenance Responsibilities - Retaining Walls. A new subsection 5 2 5 is added to Section 5 2 of the Declaration as follows 5.2.5. Retaining Walls. The Owners of any lot on which all or part of a retaining wall is located (except those walls specifically referenced in Sections 5 1 5, 5 16 and 5 1.7 above) shall be responsible for the maintenance, repair and replacement of any portion of a retaining wall (and its associated drainage improvements) which is located on their lot (collectively "Wall Maintenance ") In the event a retaining wall is located along a common property line between adjacent lots, the down slope lot Owner shall be solely responsible for Wall Maintenance of said wall The Owner responsible for Wall Maintenance under the provisions of this paragraph (the "Responsible Owner") is hereby granted an easement over and across the adjacent lot to perform such activities as are reasonably necessary for required Wall 3 Y \WP■DU)ARDZITOSTER2NDAMEN D JMO DOC Maintenance, provided the Responsible Owner shall fully restore to substantially its original condition any area of the adjacent lot (including, without limitation, any improvements or landscaping) as is disturbed or damaged through the exercise of rights under this easement 3. Ratification. Except as expressly amended by this Second Amendment, all of the terms, covenants, conditions and easements set forth m the Declaration as previously amended by the First Amendment shall continue in full force and effect and are hereby ratified by the Declarant DECLARANT: (Printed Name) 7"--- Its /�jes, je- CI IICAGO TITLE INSURANCE COMPANY has placed the document of record es a customer courtesy and accepts no liability for the accuracy or validity of the document. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me mp ¶ tsf 5-, to me known to be the YR.S5 rct of Dujardin Development Company, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument yy, GIVEN under my hand and official seal tlus /3 day of / /� GL4 , 2002 Y 1 WA DWARDa�IFQSTER�NDAI I AJMG DOC ture) ---,Tull, ?oil F -11 -1 )A -AclZ a So r} (Print Name) Notary Public in and for the State of Washington, residing at S RTILE: My commission expires 3 -16" - 0 4 EXHIBIT A LEGAL DESCRIPTION Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065, records of King County, Washington. Y \WP∎DWARDfl AEOSTER2NDAMEN D JMO DOC CHICACO TITLE INSURANCE COMPANY has placed the document of record c►s a customer courtesy and accepts no liability for the accuracy or vehdrly of the document, Z . mow. v 0: i. UU: • w =' LLI J I J j; • so_ a. • • I= o • • o ;0 `! `.w 1W • • tllZ • Z • ASSESSOR'S PROPERTY TAX ACCOUNT NUMBERS Plat of Fosterview Estates Lots 1 through 40 261200 - 0010 - 4 261200 - 0210 - 02 261200 - 0020 - 02 261200 - 0220 - 00 261200 - 0030 - 00 261200 - 0230 - 08 261200 - 0040 - 080 261200 - 0240 - 06 261200- 0050 - 05 261200- 0250- 03 261200- 0060 - 03 261200- 0260- 01 261200- 0070 - 01 261200- 0270- 09 261200- 0080 - 09 261200- 0280- 07 261200- 0090 - 07 261200- 0290- 05 261200 - 0100 - 05 261200 - 0300 - 03 261200- 0110 - 03 261200- 0310 - 01 261200- 0120 - 01 261200- 0320- 04 261200 - 0130 - 09 261200- 0330- 07 261200- 0140 - 07 261200- 0340- 05 261200- 0150 - 04 261200- 0350- 02 261200 - 0160 - 02 261200 - 0360 - 00 261200- 0170 - 00 261200- 0370- 08 261200- 0180 - 080 261200- 0380- 06 261200 - 0190 - 06 261200 - 0390 - 04 261200- 0200 - 04 261200- 0400- 02 CHICAGO TITLE INSURANCE COMPANY has pl-cnd the document of record as a customei courtesy and accepts no liability for the accuracy or vakdrty of the dotumeut z < Z W 2 JU .00: , N 0 u)w : J u) L w 0_ g Q, -v F • z� moo'. z +- U� CO', wW V( :17 V( _z 0 in: :0 • z RETURN ADDRESS: John E. Hanson Hanson Baker Ludlow Drumheller P.S. 10777 Main Street, Suite 300 Bellevue, Washington 98004 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: NONE • Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Dujardin Development Company, Declarant • Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) County of King • Additional names on page _ of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) ❑ Additional legal is on page _ of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER ❑ Assessor Tax # not yet assigned 13166AGR.JEH 2/9/00 WordPerfect - 1 — EXHIBIT B DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT z _1- `~w TABLE OF CONTENTS 6 U WO coo SECTION 1. DEFINITIONS 3 CO w 1.1. Association 3 -i H 1.2. Association Action 3 0) u_: 1.3. Board 3 w O. 1.4. Building 3 2Q 2` J 1.5. Common Areas .. . .. . . . . . . . . 3 u.< 1.6. Declarant .................... 4 N a' 1.7. Lot 4 I- w 1.8. Owner 4 z �; 1.9. Plat Map 4 1-0 1.10. Member 4 tIJ iii 1.11. Property 5 > o. 1.12. Declaration 5 0 c O. 0 F- 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION . 5 w w` 2.1. Establishment 5 ��? 2.2. Voting 5 u. ~O 2.3. Proxies 5 w z U— 3. BYLAWS OF THE ASSOCIATION 6 i-1._ 3.1. Adoption of Bylaws and Amendments 6 z 3.2. Initial Board of Directors 6 SECTION 4. PROPERTY USE RESTRICTIONS 6 4.1. Business and Commercial Use of Property Prohibited 6 4.2. Nuisance Prohibited 6 4.3. Signs 7 4.4. Overnight Parking Prohibited .. . . . . . 7 4.5. Motor Vehicles :7 4.6. Nuisances; Hazardous Activities; Lighting 8 4.7. Animals 8 4.8. Trash Disposal 8 4.9. Unsightly Conditions 9 4.10. Antennas 9 4.11. Storage 9 4.12. Machinery and Equipment 9 4.13. Development Activities Exempted 9 SECTION SECTION 13166AGR.JEH 2/9/00 WordPerfect - i - 4.14. Limitations on Common Area Development 9 4.15. Limitations on Additional Impervious Surfaces 10 4.16. Open Space Easement 10 SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES . 10 5.1. Association Responsibilities . 10 5.2. Owners' Responsibilities 10 5.2.1. General 10 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2 11 5.2.3. Special Responsibilities for Owners of Lots 31 and 32 11 5.2.4. Special Responsibilities for Owners of Lots 33 and 34 11 SECTION 6 MAINTENANCE ASSESSMENTS 12 6.1. Creation of Lien and Personal Obligation of Assessment 12 6.2. Purpose of Assessments 12 6.3. Initial Assessment; Annual Assessments 12 6.4. Estimated Assessments 13 6.5. Payment of Owners 14 6.6. Limitation on Use 14 6.7. Record of Assessments 14 6.8. Special Assessments 14 6.9. Uniform Rate of Assessment 14 6.10. Default in Payment of Assessment -- Remedies 14 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs 15 6.12. Homestead Waiver 15 6.13. Curing of Default 16 6.14. Continuing Liability for Assessments . . . . 16 6.15. Subordination of the Lien to Mortgages . . 16 SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 16 7.1. Owners' Easement of Enjoyment in and to the Common 16 7.2. Delegation of Use 18 7.3. Title to Common Areas 18 SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS . . . 18 8.1. Control 18 8.2. Costs 18 SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE 18 ASSOCIATION SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 13166AGR.JEH 2/9/00 WordPerfect 19 z :F-w. OC UO: cn w= J H U) u. "Cu u 0 a =w H =. z H` Z O: w o O N. WW LL 0' w .. z. _. 0 ~, z. 10.1. Establishment 19 10.2. ACC 19 10.3. Criteria 20 10.4. Exterior Finish 20 10.5. No Liability 21 10.6. Building and Construction Restrictions 21 10.6.1. Single Family Residence . . 21 10.6.2. Exterior Walls 21 10.6.3. Exterior Colors 21 10.6.4. Fences 21 10.6.5. Other Structures 22 10.6.6. Prefabricated Buildings . 22 10.6.7. Lighting 22 10.6.8. Temporary Occupancy and Temporary Buildings 22 10.6.9. Storage Sheds and Outside Storage 22 10.6.10. Landscaping 22 10.6.11. Topography 22 10.6.12. New Construction 23 10.6.13. Utility Service . . . . . 23 10.6.14. Contractor 23 10.6.15. Effect of ACC Approval • • • 23 10.6.16. Commencement of Construction 23 10.6.17. Completion of Construction . 23 SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA . . . . 24 SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 24 12.1. Development Period 24 12.2. Notice of Termination of Development Period 24 12.3. Authority of Declarant During Development Period 25 SECTION 13. ENFORCEMENT 25 13.1. Enforcement 25 13.2. Remedies 25 13.3. Waiver 25 13.4.. Costs and Attorney. Fees 26 13166AGR.JEH 2/9/00 WordPerfect z _ I- w. •.00: w o: w I. w0 D. • = N d- 1-w Z � :z o. •2 co: .01_; wwi I U • lilt` U N:, •0 ,z•. DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development ( "Declaration ") is made this day of , 19 by Dujardin Development Company, a Washington corporation ( "Declarant "). RECITALS AND DECLARATION A. Declarant is the owner of the real property and improvements thereon legally described in Exhibit A (the "Property "), commonly known as Fosterview Estates. The Property is comprised of all the real property shown on maps recorded with the King County under Recording No. , Volume , Pages B. Declarant hereby publishes and declares that the Property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and protecting the character, attractiveness, and desirability of Fosterview Estates. Those covenants, conditions, restrictions, easements, reservations, and agreements shall run with the Property and shall be a burden upon and a benefit to the Property and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. 2 13166AGR.JEH 2/9/00 WordPerfect z 2 O. .0 O W W. CO LL w0 2 QQ d. 1 •z II- 1- O. O N oI w w� Wz .0 z SECTION 1. DEFINITIONS 1.1. Association The term "Association" shall mean and refer to the Fosterview Estates Homeowners Association, an association of Owners of Fosterview Estates acting collectively in accordance with its governing documents and this Declaration. 1.2. Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. 1.3. Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4. Building The term "Building" shall mean and refer to any building or structure constructed or located in Fosterview Estates and all appurtenances thereto. 1.5. Common Areas The term "Common Areas" shall mean and refer to those portions of Fosterview Estates (and all improvements thereon) owned or held by the Association for the common use and enjoyment of the Owners, except any streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas shall include, but are not limited to, the following: 1.5.1. All sidewalks and pedestrian access easements shown on the face of the Map which are not dedicated to municipalities, public agencies or others; and 1.5.2. All storm drainage, and retention facilities and other utility and water easements shown on the face of the Map which are not dedicated to public agencies, municipalities or others; and 1.5.3. All open spaces, sensitive areas, wetlands, parks, natural areas and all other areas shown on the face .of the 13166AGR.JEH 2/9/00 WordPerfect - 3 Map which are not designated as Lots and which have not been c:herwise dedicated or deeded to any municipality. The Declarant may add to or subtract from the Common Areas during the Development Period as defined in Section 11, 12 by an amendment to this Declaration. In the event the Common Areas described on the recorded Map are different from those described Q • herein, the Common Areas described on the Map shall be deemed the w Common Areas unless this Declaration has been amended or modified re2 . to change the Common Areas shown on the Plat Map. 6 v. UO 1.6. Declarant g 0 w= The term "Declarant" shall mean and refer to Dujardin co Development Company, a Washington corporation, or a person or w O entity to which it assigns its rights as Declarant. ga 1.7. Lot d; The term "Lot" shall mean and refer to any one of the ~ _ residential lots located within the Property as shown on the Plat 1-0 Map. zI- ?Q ow The term "Owner" shall mean and refer to the record owner, 1.8. Owner whether one or more persons or entities, of any Lot, including = v any persons or entities purchasing pursuant IL y p purchasin a Lot ursuant to the terms of IL a recorded real estate contract, but excluding those persons or O entities having an interest in any Lot merely as security for the v w performance of an obligation. The Declarant shall be the Owner r OH until it sells the Lot. 1.9. Plat Map The term "Plat Map" shall mean the maps of the Property recorded with the King County Recording No. 1.10. Member The term "Member" shall mean and refer to every Owner who,, as a result of such ownership, holds a membership in the Association with rights and responsibilities as set forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 13166AGR.JEH 2/9/00 WordPerfect ,r - 4 1.11. Property The term "Property" shall mean the Property referred to herein as Fosterview Estates as more specifically described in Exhibit A, attached hereto. 1.12. Declaration The term "Declaration" shall mean and refer to this Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates, a Planned Residential Development. SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION 2.1. Establishment There is hereby created an association to be called "Fosterview Estates Homeowners Association." The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24 and RCW 64.38. 2.2. Voting Each Member shall be entitled to cast at any meeting of the Association one vote for each Lot owned by that Member. If any Lot is owned by more than one person or entity, the owners thereof shall appoint one person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetency of any of the Lot's owners, or when any of the Lot's owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 2.3. Proxies Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the - 5 13166AGR.JEH 2/9/00 WordPerfect Member's Lot, without the prior written consent of the holder of such indebtedness. SECTION 3. BYLAWS OF THE ASSOCIATION 3.1. Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Declarant, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Declarant shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ( "Bylaws ") may be amended from time to time by a vote of not less than seventy percent (70%) of the votes of all Members (including Declarant, if applicable), at any regular or special meeting of the Association duly called for that purpose. 3.2. Initial Board of Directors The Declarant shall designate the members of the initial Board. The initial Board shall serve until the Declarant transfers the management and administration of Fosterview Estates to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. SECTION 4. PROPERTY USE RESTRICTIONS 4.1. Business and Commercial Use of Property Prohibited No trade, craft business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind which constitutes an annoyance to the neighborhood, the evidence of which is visible from the exterior of the building on the Lot or which increases traffic beyond usual residential volumes within Fosterview Estates, shall be conducted or carried on upon. any Lot or within any building located within Fosterview Estates. The Association shall have final authority to determine if business conducted on a Lot is in compliance with this -. Section. 4.2. Nuisance Prohibited No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners. - 6 13166AGR.JEH 2/9/00 WordPerfect z -z JU O 0 (no. LO Lu J �. • o' w 2 gQ N d =w z� F- O z w ui 2o U O- o1 W. F- LL O. tiJ Z. O1- z 4.3. Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (1) customary name and address signs, (2) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence, (3) signs required by legal proceedings (and then the sign shall be no larger than eighteen inches by twenty -four (24) inches, unless mandated by statute or court order), (4) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days), (5) promotional and sales signs of the Declarant and /or its agents, and (6) permanent monuments (entry signage) and Common Areas identification signs. 4.4. Overnight Parking Prohibited No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lot Common Areas or street within Fosterview Estates. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the ACC or the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty eight hours in any calendar month. 4.5. Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot, Common Areas or street within Fosterview Estates, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Areas or street; provided, however, that this section shall not apply to (a) emergency vehicle repairs which require less than twenty -four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Areas, or street. 13166AGR.JEH 2/9/00 WordPerfect - 7 4.6. Nuisances; Hazardous Activities; Lighting No odors or loud noises shall be permitted to arise or emit from any Lot or Common Areas so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. 4.7. Animals A Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built -up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property. When not confined to the Owner's Lot, pets within Fosterview Estates shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the Board, at its sole discretion. 4.8. Trash Disposal Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Areas. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Owner shall be solely responsible to remove and dispose of all such materials. Should any Owner fail to comply with this covenant within ten (10) days following the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. - 8 13166AGR.JEH 2/9/00 WordPerfect �w 6 oo co o J I- CO w WO g? (a d =W Z 1=-` HO Z �. W 2o O• N o w ul O wz = 0 z 4.9. Unsightly Conditions No Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The ACC may grant a written waiver of this covenant upon application by a Owner under conditions as provided in this Declaration. 4.10. Antennas No telephone, radio or television receiving or transmitting tower, antenna or dish more than thirty (30) inches in diameter shall be permitted on any Lot or Building. 4.11. Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 4.12. Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. 4.13. Development Activities Exempted Nothing in this Declaration shall prevent Declarant, its successors and assigns and their contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Declarant deems necessary in order to accomplish such purpose. As used in this section, "successors and assigns "• specifically shall not include purchasers of Lots improved with • completed residences. 4.14. Limitations on Common Area Development There shall be no development undertaken in the Common Areas without the prior approval of both the Board and the City of Tukwila. The application for any such development shall be 9 13166AGR.JEH 2/9/00 WordPerfect crs crs Cr) 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable The responsibilities of the Association shall include, but are not limited to, the following and 5 1 1 The cleaning and maintenance of the water courses on Tracts A and B; 5.12 The maintenance, repair and replacement of the fences around and across Tracts A and B, and 5 1 3 The maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, and 5 14 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along the north boundaries of Lots 1 and 2, and 5 15 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along south boundary of Tract B and South 137th Street, and 5 16. The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along north boundary of Lots 13 and 14 and the Private Drainage & Pedestrian and Public Utility Easement as shown on the Plat Map, and 5 17. The maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance that it determines to be in the best interest of the Owners • W JU 00 U) W W= JI; u. W 0. u. z U 0 z �. F- o z 1-- � • o co O F- WW ti O W z, =` o F-. z accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.15. Limitations on Additional Impervious Surfaces No Owner shall construct any additional surfaces such as asphalt or concrete patios or parking areas on a lot without the prior permission of the Board and the City of Tukwila. The application for such additional impervious surfaces shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.16. Open Space Easement Open Space Easements are shown on the face of the Plat Map. Open Space Easements are not Common Areas. No Owner shall construct or place any structure (other than fences or utilities) within an Open Space Easement SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 5.1. Association Responsibilities After termination of the Development Period, the and the shall • operate an maintain t e Common Areas as r fired or advisable. The responsibilities of the As include, but are not limited to, the the water courses on Tracts A a ation shall _ring and maintenance of , the maintenance, repair and replacement of the fences nd and across Tracts A and B, the maintenance, repair a eplacement of the french drains in the Common Areas as s on the Plat Map, the maintenance, repair and replaceme of Lots 1 cul de of the retaining wall along the north boundaries 2, and maintenance of the trails beginning at the c end of South 137th Place to and along the North boun y of the plat as shown on the plat map. The Association ma provide such additional common maintenance which it etermines to be in the best interest of the Owners. - 5.2. Owners' Responsibilities 5.2.1. General. Each Owner shall maintain his respective Lot and the Building located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. If any Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two - thirds (2 /3rds) vote of - 10 - 13166AGR.JEH 2/9/00 WordPerfect the Board, may notify said Owner in writing of the maintenance required. If said notice is delivered to the nonperforming Owner and the noted condition is not remedied for a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the nonperforming Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the nonperforming Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in Sections 4.16, 5 of this Declaration. Each Owner shall further comply with the maintenance obligations of Section 7 hereof. 5.2.2. Specified Responsibilities for Owners of Lots 1 and 2. The Owners of Lots 1 and 2 shall be responsible for the maintenance, repair and replacement of the common driveway which serves only their lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event, all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. 5.2.3. Special Responsibilities for Owners of Lots 31 and 32. The Owners of Lots 31 and 32 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. 5.2.4. Special Responsibilities for Owners of Lots 33 and 34. The Owners of Lots 33 and 34 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In 13166AG0.JEH 2/9/00 WoRDPEaFECr z QQ 00: -I I- • No w LLQ co =d z�. • O w I -. U• � .o�N. .0 H :w w. F- r O w Z U N I- O f.. z nay event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. gwrTT(1N F; MINTATTLIATTATP+te r nnrinn.asTme, 2. Maintenance Responsibilities - Retaining Walls. A new subsection 5 2 5 is added to Section 5 2 of the Declaration as follows z 5.2.5. Retaining Walls. The Owners of any lot on which all or part of a , 1- Z retaining wall is located (except those walls specifically referenced in Sections 5 1 5, 5 1 6 and re 2 5 1.7 above) shall be responsible for the maintenance, repair and replacement of any portion of a 6 D retaining wall (and its associated drainage improvements) which is located on their lot u o o (collectively "Wall Maintenance ") In the event a retaining wall is located along a common w w w property line between adjacent lots, the down slope lot Owner shall be solely responsible for -I i- Wall Maintenance of said wall The Owner responsible for Wall Maintenance under the U) w w0 provisions of this paragraph (the "Responsible Owner") is hereby granted an easement over and 2 across the adjacent lot to perform such activities as are reasonably necessary for required Wall g 5 Maintenance, provided the Responsible Owner shall fully restore to substantially its ongmal u d condition any area of the adjacent lot (including, without limitation, any improvements or w landscaping) as is disturbed or damaged through the exercise of nghts under this easement z i- o zI- y o 111 LiL.Le unless the lien for such delinquent assessment has been �o 0; properly recorded prior to transfer of title or unless expressly 0 - assumed by the transferee. Provided, however, that in the case uww of a sale of any lot which is charged with the payment of an z i 0. assessment or assessments payable in installments, the person or g entity who is the owner immediately prior to the date of any such u.z sale, shall be personally liable only for the amount of the or: installment due prior to said sale. The new owner shall be OF- personally liable for installments which become due on or after Z. said sale. 6.2. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. 6.3. Initial Assessment; Annual Assessments At the time of the initial closing of the sale of each Lot, the escrow agent shall collect from each Owner, a start up contribution to the Association in the amount of $ (to be determined) (which shall be used to reimburse Declarant - 12 - 13166AGR.JEH 2/9/00 WordPerfect for maintenance and operating expenditures during the Development Period). Unless changed by a vote of seventy percent of the Members, the initial annual assessment (which is an additional charge to the start up contribution) shall not be in excess of $ (to be determined) per year and shall be prorated for any partial year at the time of the purchase of the z Lot and shall be collected by the escrow agent at the closing of Q the purchase of the Lot. ‘ :►_- w r4 2 Each year the Board shall access each Owner for an annual 6 v assessment in an amount which, in the aggregate is sufficient to 0 0 meet the obligations of the Association, including without (n W limitation, maintenance of the private storm water drainage w i facilities located within the Property. Commencing on January 1 u) LL. following the termination of the Development Period and uj0 continuing each year thereafter, the annual assessments shall not be increased by more than fifteen percent (15 %) without the -� approval of seventy percent (70 %) of the Members voting at a co D meeting duly called for such purpose. Notwithstanding the I W provisions set forth above, the Declarant shall not be liable for Z H' any fees or assessments assessed or due prior to the termination 1-0 of the Development Period. w - I_ uj 20 6.4. Estimated Assessments v 0cn Within sixty (60) days prior to the beginning of each 01- calendar year or such fiscal year as the Board may adopt, the = v. Board shall (a) estimate the annual assessments and special I;f= assessments for the Lots to be paid during such year; (b) make Z provisions for creating, funding and maintaining reasonable vco reserves for contingencies and operations, for maintenance, i. ;' repair, replacement and acquisition of Common Areas and 0 facilities; and (c) take into account any expected income and any z surplus available from the prior year's operating fund. If the estimated cash requirement proves inadequate for any reason, including nonpayment of any Owner's assessment, a special assessment may be levied during that fiscal year upon a majority vote of the Board. Written notice of the annual assessments shall be sent to every Owner. The Board's failure to fix the assessments for the next year before the expiration of any year shall not be deemed a. waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof, for that or any subsequent year, but the assessment fixed for the preceding year shall in that event continue until a new assessment is fixed. - 13 - 13166AGR.JEH 2/9/0o WordPerfect 6.5. Payment of Owners Each Owner shall be obligated to pay its annual and special assessments to the Treasurer for the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day of each month during each year or at such time and in such other reasonable manner as the Board designates. 6.6. Limitation on Use All funds collected hereunder shall be expended for the purposes designated herein and for on other purpose. 6.7. Record of Assessments The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall specify and itemize the operation, maintenance, replacement and repair expenses of the Common Areas and any other expenses incurred. Records and vouchers authorizing such payments shall be available for examination by the Owners for any proper purpose at any reasonable time. 6.8. Special Assessments In addition to the annual assessments authorized above, the Association may levy in any fiscal year as the Board designates, a special assessment for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto. The Board may also levy a special assessment against one or more Owners who are in violation of Sections 7, 10 or 4 other provisions of this Declaration. 6.9. Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots, except for assessments against a specific Owner imposed by the Board to reimburse the Association• for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 6.10. Default in Payment of Assessment -- Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is - 14 - 13166AGR.JER 2/9/00 WordPerfect �� imposed by law, at eighteen percent (18 %) per annum, from the date on which it was due until paid. In the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest Z. is not paid in full within fifteen (15) days of the date of the W w notice, the Association may bring an action against the person or 6 entity personally obligated to pay such assessment and /or record v 0 0 a lien for the amount of the assessments plus interest and w o attorney fees and costs incurred or estimated to be incurred in w w enforcing the lien with the county in which the Lot is located. N LL, The lien may be foreclosed in the same manner as a real property p mortgage. Suit to recover a money judgment for unpaid 2 assessments or charges can be maintained against the Owner in ga — conjunction with or separate from foreclosure of the lien. The u-< notice of assessment shall not be filed of record unless and =c! until the Board has delivered to the defaulting Owner a notice of I-=. the intent to file the lien. ?F- F- 0 Z F- 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs 2 U� N The Declarant or Board may initiate action to foreclose the of lien of any assessment on behalf of the Association. In any w action to foreclose a lien against the Lot for nonpayment of f-v delinquent assessments or charges, any judgment rendered against -0 the Owner in favor of the Association shall include a reasonable iiiZ sum for attorney fees and costs and expenses reasonably incurred (_ in preparation for and pursuit of such action in addition to 01- taxable costs permitted by law. The Association shall be entitled to reimbursement for all its attorney fees whether said attorney fees are incurred in negotiation, arbitration, . litigation, foreclosure or collection action, bankruptcy or appeal. 6.12. Homestead Waiver Each Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. - . 15 - 13166AGR.JEH 2/9/00 WordPerfect 6.13. Curing of Default If the Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a fee of $50 to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction f=-w of lien may be executed by any authorized representative of the E Board. v UO 6.14. Continuing Liability for Assessments N w J =' No Owner may exempt himself from his liability for annual or u) u_ . special assessments by abandonment of his Lot or abandonment of w O the use of any Common Areas. 6.15. Subordination of the Lien to Mortgages N The lien of the assessments provided for herein shall be z subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of w O uj foreclosure of any Lot which .s subject to such first mortgage shall extinguish the lien of such assessments as to payments c�io which become due prior to such sale or transfer. No such sale or o transfer shall relieve such Owner from personal liability for any assessment due nor shall any Lot be relieved from paying = 0 assessments becoming due after foreclosure of the lien thereof. g ..z SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS vtn 7.1. Owners' Easement of Enjoyment in and to the Common OF- Areas Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Areas owned or held by the Association. Such easement shall be appurtenant to and conveyed with the ownership of every Lot, even though such easement is not expressly mentioned or described in the conveyance or other instrument, subject to the following restrictions: 7.1.1. The Association's right to limit the number of:. guests of Owners, and to adopt rules and regulations governing use and maintenance of the Common Areas. 7.1.2. The Association's right to use and management of the common street portion of said Common Areas for access, roadway and utility purposes, including, but not limited to, pumps, pipes, wires, cables, conduits, culverts, 13166AGR.JEH 2/9/00 WordPerfect - 16 - z ditches and other equipment, structures, supplies and material. 7.1.3. The Association's right to suspend the voting rights of a Member: (1) for any period during which any assessment against the Member's Lot remains unpaid; or (2) for a period not to exceed one hundred eighty (180) days for any infraction of the Association's published rules and regulations. 7.1.4. The Association's right to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association. After the termination of the Development Period, no such dedication or transfer shall be effective unless the Association records an instrument agreeing to such dedication or transfer, signed by seventy percent (70%) of all Members prior to such dedication or transfer. 7.1.5. The rights reserved to the Declarant in this Declaration. 7.1.6. The Common Areas that are designated on the Map as open space, natural areas, wetlands, sensitive areas, steep slopes, flood zones and other specially designated areas shall remain in existing natural vegetation, (except any portions utilized for utility easements and passive recreation, as approved by the City of Tukwila) to protect the Common Areas. 7.1.7. Except with regard to utility easements, the following restrictions apply to activities within the Common Areas: (1) there shall be no removal of natural vegetation, specifically including trees, except in emergency or dangerous situations subject to the approval of the City of Tukwila; (2) there shall be no fires permitted within the Common Areas, except by governmental authorities; (3) there shall be no buildings or structures, whatsoever, placed or constructed within the Common Areas without the prior written consent of seventy percent of the Owners; (4) there shall be no motor vehicles allowed into Common Areas except• those necessary for routine maintenance; and (5) the Common Areas shall not be used for dumping of grass, rocks, dirt and /or other materials. These restrictions are intended to protect the Common Areas and ensure that these areas will serve as a natural aesthetically pleasing, passive buffer between lots and other adjacent developments, for the mutual benefit of all Owners. 13166AGR.JEH 2/9/00 WordPerfect • • - 17 - z �=-- Z JU 00 u) ILI (D o: J H al ga v. F- i. zF I- 0 w I, U 091 ca F- w uj _ z. ui U I z 7.1.8. All other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. 7.2. Delegation of Use Any Owner may delegate its right of enjoyment of the Common Areas and facilities to the members of his family, his tenants and guests, in accordance with the Bylaws and subject to rules and regulations adopted by the Association. 7.3. Title to Common Areas Upon termination of the Development Period, the Declarant shall transfer and the Association shall hold title to the Common Areas as trustee for the Owners. SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 8.1. Control The Declarant shall have and hereby reserves for itself, its successors, and assigns, the right, during the Development Period and any period thereafter in which Declarant is a Owner, to utilize the Common Areas for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion and development of Fosterview Estates. Prior to the termination of the Development Period, the Declarant shall transfer the Common Areas to the Association, without warranty but free and clear of monetary encumbrances. Control and the management and administration of the Common Areas shall vest in the Association at the end of the Development Period subject to the Declarant's then existing rights of use under this Declaration. 8.2. Costs Until the termination of the Development Period, the Declarant shall pay all costs of maintaining and operating the Common Areas in excess of the funds collected by the Association under Section 6.2. After termination of the. Development Period, the Association shall pay all costs of maintaining and operating the Common Areas. SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION The Association shall obtain such insurance policies as the Board deems in the best interest of the Members. All such insurance coverage shall be written in the name of the Association as trustee for each of the Members. The Declarant 13166AGR.JEH 2/9/00 WordPerfect - 18 - . z w rt 2 J U. 00 N D W =. J I w 0. 2 < co =a I- la z� I- 0' zE-- w • w O N. 0 w w: H U. O` wz U =. 0 ~`. z shall pay the costs of insurance obtained by the Declarant prior to conveyance of the Common Areas. SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 10.1. Establishment Q An Architectural Control Committee ( "ACC ") is hereby Z ce established as a special committee of the Board. The ACC shall 6D review all proposed construction for compliance with the v v O; architectural controls listed in this Section. The Declarant coo hereby reserves for itself, its successors and assigns, the right w = to exercise any and all powers and controls given to the Board or co its authorized representatives as enumerated in Section 10.2 w O, herein until the sale of the last lot owned by Declarant. The original ACC is comprised of: u. Q David Allegre Dujardin Development Co. _ d 9623 - 32nd Street SE Z H Everett, WA 98206 I- O. Z William Fowler Dujardin Development Co. w w; 9623 - 32nd Street SE p`. Everett, WA 98206 C) u) 0 I-' Jinx Ponath- Harrison Dujardin Development Co. w w 9623 - 32nd Street SE Everett, WA 98206 O ui z. A majority of the ACC may designate a representative to act v =: for it. In the event of death or resignation of any member of 0 the ACC, the remaining Members shall have full authority to Z designate a successor or to act alone. Neither the Members of the ACC nor its designated representative, shall be entitled to any compensation for services performed as a Member of the ACC unless authorized by a two - thirds (2 /3rds) vote of the Board. The term, of office of the above - designated ACC shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Declarant, if not sooner terminated by Declarant in the same way that the Development Period can be terminated by Declarant pursuant to Section 11 herein. The ACC shall continue: after termination of the Development Period upon the Board's appointment of an ACC of three owners. 10.2. ACC At the termination of the Development Period, the Board or a committee of the Board shall appoint the members of the ACC. The ACC shall consist of three or more Owners. The ACC so 13166AGR.JEH 2/9/00 WordPerfect - 19 - appointed shall have all the powers and authority of the ACC as stated and any reference in this Declaration. The shall must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The ACC shall grant written approval upon two - thirds (2/3) affirmative vote of the ACC. In seeking such approval, a Owner or prospective Owner shall submit one copy of z materials adequate to allow review of a proposed action for each , = H ACC member, plus one additional copy for the files of the ACC. w Submittals must include, at a minimum: (i) site plan; (ii) m exterior elevations (all sides); (iii) color board showing all v v 0 exterior colors and materials; and (iv) landscape and exterior w D lighting plan. The ACC may request additional details. The ACC w w shall approve or disapprove of such plans within thirty (30) days N LL of said submittal. The ACC's decision shall be in writing. The 0 ACC shall have the right to approve a proposal subject to 2 compliance with conditions which may established by the ACC. If 5 the ACC fails to approve or disapprove a plan within the thirty � U. (30) day period, approval shall not be required, and this Section co shall be deemed to have been fully complied with. The decisions E- _ of the ACC are final. z I-. I--0 z E--. w Do The ACC shall consider the following criteria in approving 8 ° or disapproves a plan submitted to it: (a) the harmony of the 01- external design, color and appearance of the proposal in = .. to the surrounding neighborhood; (b) the location of LL the proposed building on the lot in regard to slopes, soil O. conditions, existing trees and vegetation, roads and services, w z existing buildings and adjoining lots and buildings thereon; and 0 (c) the compliance of the proposal with the covenants contained Ol- in this Declaration and any rules and regulations promulgated by z the Board pursuant to this Declaration. 10.3. Criteria 10.4. Exterior Finish The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Fosterview Estates. Siding options shall consist of solid wood product or approved wood by- product, stucco or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting within nine - 20 - 13166AGR.JEH 2/9/00 WordPerfect : (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 10.5. No Liability The Members of the ACC shall have no personal liability for any action or decision made by the ACC. By acceptance of a deed to any Lot, the Owner agrees and covenants not to maintain any action against any Member of the ACC which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the ACC. 10.6. Building and Construction Restrictions All buildings on a Lot are subject to the following restrictions: 10.6.1. Single Family Residence. Only one (1) single - family residence ( "house ") may be constructed or permitted to remain on a Lot. No such house shall include less than 1000 square feet of living space (exclusive of a porch, patio, garage or other accessory building). 10.6.2. Exterior Walls. Exterior walls. shall be clad with materials appropriate to the architectural style and are limited to (i) brick; (ii) stone; (iii) solid wood or approved wood by products; (iv) stucco or such other materials as are specifically approved by the ACC from time to time. 10.6.3. Exterior Colors. Exterior colors shall be compatible with the existing structures in the development as well as the architectural style of any Building. Masonry materials should be compatible with other colors on the house. No primary, reflective or fluorescent colors shall be used on any structure. 10.6.4. Fences. No fences, walls, hedges or mass plantings, other than foundation planting, shall be permitted to extend nearer to the street or private road than the minimum setback line required by ordinance; provided, however, that nothing shall prevent the erection of a necessary retaining wall; provided further that no fence, wall, hedge or mass planting shall at any time shall extend higher than six (6) feet above the ground, except for necessary retaining walls or rockeries which conform to the City of Tukwila Building Codes. No wire fences shall be used unless approved by the ACC. The finished side of all fences shall face the exterior of the Lot and shall be% - 21 - 13166AGR.JEH 2/9/00 WordPerfect z =z g 0 00O w w w J • w w -J ( a. =w H = z �. 1- 0� w F- uj U0 O �. o I- ll/ w IL- O ui z U- O ▪ H. z painted or finished to match or blend with the existing appurtenant structures. Cedar fences may be allowed to weather naturally. 10.6.5. Other Structures. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. 10.6.6. Prefabricated Buildings. No prefabricated buildings or structures of any nature whatsoever, specifically including mobile homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot. 10.6.7. Lighting. All area lighting shall be designed and positioned to ensure that the light source is not directly visible from any other house in the Fosterview Estates. 10.6.8. Temporary Occupancy and Temporary Buildings. No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the ACC, whichever occurs first. 10.6.9. Storage Sheds and Outside Storage. No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the ACC. 10.6.10. Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within nine (9) months of the start of construction. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the native existing character of Fosterview Estates. Each Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 10.6.11. Topography. The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain - 22 - 13166AGR.JEH 2/9/00 WordPerfect z z ct w 6U 00 co N W J 1 LL WO u- Q. z� I— O ZI-- w w 2 o. ON wW O U =. O F' z system and surface flows without the written consent of the Board. 10.6.12. New Construction. All Buildings shall be of new construction (except used brick, siding or similar decorative materials which may be used). 10.6.13. Utility Service. No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the Property. 10.6.14. Contractor. No house may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the ACC. 10.6.15. Effect of ACC Approval. No buildings shall be constructed or caused to constructed on any Lot unless the ACC has approved the plans as provided above. The ACC's approval of any plan shall not constitute any warranty or representation by the ACC, the Board or any of their Members that such plans were examined or approved for engineering or structural integrity or sufficiency or compliance with the applicable governmental laws, codes, ordinances and regulations. Each Owner hereby releases any and all claims of any nature whatsoever against any member of the ACC, the Board, and the Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency, compliance of any plans approved by the ACC. 10.6.16. Commencement of Construction. Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the ACC must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the ACC prior to commencement or performance. The ACC may disapprove, condition or require changes in the project upon such further review. 10.6.17. Completion of Construction. The exterior of any house constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, - 23 - 13166AGR.JEH 2/9/00 WordPerfect z ~w 6 00 co o w= w w0 2 LLa wa. =w Z 1.-. F-0 ZI- W uj 2o U o I- = U: r. z w U= O F- Z - 24 - z a� t=- w �2 00 co J H w0 <. wa I_ z� r-o z �. uj UD 0 =. D I— w W. I U` LI O Z w O i- z 12.3. Authority of Declarant During Development Period Until the termination of the Development Period, the Declarant hereby reserves for itself, its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and /or performed solely by the Declarant. Upon termination of the Development Period, administrative power and authority for management of the = z Property shall pass to the Board of Directors and Members as provided herein and in the Bylaws. 6 J 00 SECTION 13. ENFORCEMENT u) C1 Lux J � 13.1. Enforcement N LL WO The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter g Q imposed by the provisions of this Declaration, the Articles, the c Bylaws and any rules and regulations promulgated by the Board by —• 0 any proceeding at law or in equity. During the Development Z Period, the Declarant may exercise this enforcement power on 1-0 behalf of the Association. z v• im: O • —: The remedies provided herein for collection of any assessment, charge or claim against any Member, for and on behalf x v of the Association or Declarant, are in addition to, and not in O limitation of, any other remedies provided by law. W z U =` 0 1-' Z 13.2. Remedies 13.3. Waiver The failure of the Association, the Declarant, any Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 13166AGR.JEH 2/9/00 WordPerfect - 25 - 13.4. Costs and Attorney Fees If any authorized person or entity (including Declarant) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be entitled to the award of reasonable attorneys' fees and costs incurred in said action whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation, appeal, bankruptcy or pre- or post - judgment collection. IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day and year first above written. DECLARANT: Dujardin Development Company By Its STATE OF WASHINGTON ) ss. COUNTY OF THIS IS TO CERTIFY that on this day of 2000, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came , personally known or having presented satisfactory evidence to be the of Dujardin Development Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. 13166AGR.JEH 2/9/00 WordPerfect Print Name: Notary Public in and for the State of Washington, residing at Expiration Date: - 26 - z • z` re 2 6 JU: U 0 CO 0 Ili I J • V) u. W 0. g. • ¢ w o. z d: f- _. z� E-0 z D. O N. o E-- w w` 1-• U, W b _z ui co 0 z EXHIBIT A LEGAL DESCRIPTION PARCEL A: That portion of Government Lot 2, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Government Lot; thence easterly along the north line thereof 586.69 feet; thence southerly parallel with the west line of said Government Lot a distance of 586.55 feet, more or less, to the north line of the south 691.50 feet of said Government Lot; thence westerly along said north line 140.03 feet to the east line of the west 446.67 feet of said Gouernment Lot; thence southerly along said east line 7.50 feet to the north line, of the south 684 feet of said Gouernment Lot; thence westerly along said north line 143.34 feet to the northwest corner of a tract of land deeded to Ralph A. Olson and Reatha Olson by deed recorded under Recording Number 5089251; thence south along the west line of said deeded tract a distance of 20.00 feet to the north line of the south 664.00 feet of said Gouernment Lot; thence westerly along said north line 303.34 feet, more or less, to the west line of said Gouernment Lot; thence northerly along said west line 606.50 feet, more or less, to the point of beginning; EXCEPT that portion thereof condemned for F.J. Folkendahl Road in King County Superior Court Cause Number 214626; AND EXCEPT those portions thereof deeded to King County for Charles E. Adams Road (42nd Avenue South) by deeds recorded under Recording Numbers 472354 and 5558464; (ALSO KNOWN AS Parcel B, City of Tukwila Boundary Line Adjustment No. L92 -0064, as recorded under Recording Number 9408080706). PARCEL 8: That portion of Tract 67, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT the east 20 feet thereof deeded to King County by deed recorded under Recording Number 1207877; ALSO EXCEPT the north 350 feet thereof. 13166AGR.JEH 2/9/99 WordPerfect - 27 - z ■ w a: 2 J V U0 co Uw =• J H N LL u! 0 2 J LL <. u) DO. w z� F-0. zI- w O Ni C.1 I. ww U r- 11. 0. viz: UN O z PARCEL C: That portion of Government Lot 3, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT County Roads. PARCEL 0: That portion of Tract 19, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 cf Plats, page 95, in King County, Washington, lying southwesterly of F.J. Folkdahl Road (43rd Avenue South), as condemned in King County Superior Court Cause No. 241626. 1U156AGR.JEH ._ 2/.9/99 WordPerfect — 28 — _H f- w rQQL J 0. U0 N :O. w w; w =. J co _1 '. z� moo. z C V 0 WWi H U. z. N; z ,:wP ix.x OCT 1 2 2001 O UP ' U j s'1° e DEVELOPMENT 3 CREATIVE LANDSCAPES, INC. G-VA -V■AW\ 140k (I di ;Jt< (030D <S,i2-11e)(_ gLJA -*H Ob -4tAL0‘lia 91U s"-i\) 6A1 h• rvi 4242_ 1I'm s� ■ VJh A\— --e DffIg_ NOM — ?a_ oust oil inl (6-1L9 _kiTCvv NO-1-1 ZRt.kI c f=p( Packi- 7-6--) A1,� c� u`, rIl� �o U — i�- W rrs FBI ci ii� 'r{1 • �\L(f1i,I L Ain) E S l�Vd d SALON 1&)(11(-1 fie_ urf-- 4,/J r.I .6111(1NA 44—• S 4“, ) Pkt. B i�ul6�nt�s.1 �'t,u�.c\ f� ,�J� $1fln4- hn1�i's � R�soI *4— 6 -16*,A t.1 (DA- -F6ti.-0 ce\ L,Ak �" WIiS Su6G�Cc1 `%hAT f�IL�LEi�.�Tini6iS .�1tNcJ SLo 4H6t1�. Riene Ott Weq. (Fai)F L� b■( SFA-6\12)(11- IS. {{Q„a -pL.C(3fc2 Ki*) �Z d &Ut,LAI �1i'2 `��s WC-� RC41Pru� b� —ham WarteonJ 2g a eIFliu .bahlkA -k 15, S «s 16610 - 88th Street S.E. Snohomish, WA 98290 (2B6).334=8993 6bb 511- —555 Dear Nora; APPIi[II ARC August 24, 2001 City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 y o u r ECTS, co niy (e t o home y l-a 11 U. i ng r e s o u r c e RECEWED AUG 2 8 2001 CMUNITY DEVELOPMENT RE: Lot 40, Area 10 of the Home Development Schedule Fosterview Estates Thank you for taking time to meet with me yesterday. This letter is to formally request releasing the building permit for lot 40, area 10. As we discussed, our original phasing schedule grouped lots 35 through 39 together. The original intent was to allow lot 40 to serve as an access point behind lots 35 through 39. Lot 40 has now served that function. Acting as an access point, the site is cleared, as was always anticipated. While the site is opened up, it only makes sense to go ahead and install the foundation now. Further, behind lots 36 through 40 is a site retaining wall. The foundation for lot 40 must be installed and back - filled prior to the site wall being constructed. We would like to get this site wall completed before the rainy season begins. Therefore, beginning as soon as possible on the foundation for lot 40 is imperative. I have included with this letter, a letter from the geotechnical engineer dated 6/13/2001, which supports our position. Should you have any questions or comments, please do not hesitate to call. Enclosure. Sinr John a o • ler, President Kappler � chitects, P.S. 14311 SE i6tri Street . Bellevue, 'WA 98007 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 C0801_67 City of Tukwila, Lot 40 Scheduling (# 98013 ).dotmv.kayylerliomeylans.cottt i\ppil Hi; LI ILI 11 0 it 1' i t 121 y I C t 1} 1 0 111 i }' 1 11 11 l t I t 1 I' C? i it 1' C August 24, 2001 City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Lot 40, Area 10 of the Home Development Schedule Fosterview Estates Dear Nora, Thank you for taking time to meet with me yesterday. This letter is to formally request releasing the building permit for lot 40, area 10. As we discussed, our original phasing schedule grouped lots 35 through 39 together. The original intent was to allow lot 40 to serve as an access point behind lots 35 through 39. Lot 40 has now served that function. Acting as an access point, the site is cleared, as was always anticipated. While the site is opened up, it only makes sense to go ahead and install the foundation now. Further, behind lots 36 through 40 is a site retaining wall. The foundation for lot 40 must be installed and back -filled prior to the site wall being constructed. We would like to get this site wall completed before the rainy season begins. Therefore, beginning as soon as possible on the foundation for lot 40 is imperative. I have included with this letter, a letter from the geotechnical engineer dated 6/13/2001, which supports our position. Should you have any questions or comments, please do not hesitate to call. Enclosure. Sin4r John ' as ler, President Kappler • hitects, P.S. 14311 SE 16th Street . Belevue, WA 98007 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 C0801.67 City of Tukwila, Lot 40 Scheduling (#98013).doLvwwla)Ar (ans.com Dear Nora, AAR ARC August 23, 2001 l? S your colllp(ete homeyCannin3 resource City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Encapsulation of Area 5 prior to issuing Area 7 permit. Fosterview Estates t4 Per our meeting yesterday, we are preparing to begin construction in Area 7. When we pull more permits on Area 7 we will have Areas 7, 9 and 10 —a total of 11 lots —open. Area 5 is 3 lots on a relatively flat slope, totally surrounded by curb, gutter, sidewalk and roadway. It is not on a hillside. Therefore we believe it is not a potential hillside- erosion condition. We are within one and a half weeks of having Area 5 totally encapsulated with finished landscaping (depending on weather). Therefore we would like to request not being required to spread straw to meet the encapsulated criteria, as the straw would only be down for a few days before it would need to be raked up so landscaping could begin. Could you please advise me at your earliest convenience if this request will be granted. Cc: Dujardin. Si `Jo Kapple ler, President chitects, P.S. 14311 SE 16tri Street . Bellevue, Wgt 98007 1.800.888.4517. (425)641.5320 . fax: (415)641.5318 C0801_68 City of Tukwila, Area 5 Permission ( #98013).a vltl J1JYCet'�otttey�nits.cottt city of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director August 13, 2001 Mr. John Kappler Kappler Architects 14311 16th Street Bellevue, WA 98007 Re: Hazardous Tree Removal Application /Request: Fosterview Residential Site - Lots 37 & 38. Dear Mr. Kappler: We have reviewed your request to remove four black cottonwood trees within a sensitive area tract. Per the City's Tree Regulations (TMC 18.54) and Sensitive Areas (TMC 18.45), the removal of hazardous trees are exempt and a permit can be waived. The hazard tree assessment conducted by International Forestry Consultants, Inc. (Tree Condition Report — 8/10/01) adequately describes the potential for these trees to fail. The City's Environmentalist, Gary Schulz, is familiar with the site and has agreed that due to the proximity of these black cottonwood trees to new homes and related slope work, they should be removed to prevent a hazard to residents. Because the trees are exempt (TMC 18.54.050), replacement is not required under this situation. However, it is recommended that the stumps be left as tall as possible for promoting sprouting and root growth. In summary, the trees you have identified may be removed as hazardous and do not require a permit. It appears there is still some tree planting to occur in this area and other locations on the site. Please coordinate these efforts with staff in time for fall planting. Sincerely, Steve Lancaster, Community Development Director Cc: Gary Schulz, Urban Environmentalist Nora Gierloff, Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 z w JU Uo N0: •N W. • W Z: J � W0 u.Q 2: w. z �. X01. 'O N; :O 2 Vi Hz O z� .. • Ui„ 0 z INTERNATIONAL FORESTRY CONSULTANTS, INC. 1729 208th Street S.E. #201 • Bothell, Washington 98012 • U.S.A. August 10, 2001 John Kappler Kappler Architects 14311 SE 16th St Bellevue, WA 98007 CITY OFETUKWILA PERMIT CEN i:■=s AUG 13REC'D Dear Mr. Kappler: At your request I have examined certain trees at Fosterview Estates in Tukwila. In my opinion four cottonwood trees should be removed to prevent current and future hazardous conditions. My report of findings is attached. Please call if you have further questions. Thomas M. Hanson Certified Arborist For a Forester Every Day is Earth Day (425) 398 -8830 FAX (425) 398 -0930 infotree @msn.com U INTERNATIONAL FORESTRY CONSULTANTS, INC. 1729 208th Street S.E. #201 • Bothell, Washington 98012 • U.S.A. FOSTERVIEW ESTATES. TUKWILLA WA. TREE CONDITION REPORT SUMMARY OF SALIENT FACTS AND CONCLUSIONS Subject Trees: 4— Black Cottonwood Condition: Mature trees in fair to poor condition. Conclusions: Remove 4 trees due to hazard existing conditions and potential destabilizing effects of proposed construction Recommendations: Replace trees with species compatible with property use. (425) 398-8830 FAX (425) 398-0930 infotree@msn.com z I-- z 6 o :u) 0 :cow WI -I '- 10 L.wO ; •in a = uj It I- 0; Z 1,0 • u_ Pi CY, a . Z 1 1.) 0 'Z Fosterview 08/10/01 PART I - INTRODUCTION Introduction This report is prepared in response to a telephone request from John Kappler, Kappler Architects to International Forestry Consultants, Inc. the report is prepared for Dujardin Development Co., Everett, Washington. The report concerns tree conditions leading to hazard tree removal or retention recommendations. Date of Preparation This report was prepared on August 10, 2001. Date of Inspection A site visit was made by Certified Arborist and Forester Tom Hanson of International Forestry Consultants, Inc. on August 9, 2001 as part of the preparation of this report. Scope of Assignment The assignment is to assess the condition of the trees and make a determination as to their retention or removal. The assessment is based only on the hazard condition and hazard potential of the subject trees. No assessment of hydrological, slope stabilization, maintenance or aesthetic attributes was made. Purpose of Report This report is to be used by the client as part of property development planning. Reference is made to City of Tukwila, Chapter 18.54.50, "Tree Regulations ". Property Description The subject property is a steep, east sloping hillside on clay soils. Single family residential construction on the site is underway. The trees stand on a dedicated green belt area immediately southwest of proposed residential development on Tots 37 and 38 of Fosterview Estates, Tract A in Tukwila, Washington. Excavation for the homes will require bank cuts to within 4 to 10 feet of the root crowns of the subject trees. The Trees will stand uphill and windward of the new homes. The vicinity is a mixed -age residential area with newer single and multi - family residences. Tree Description PART II - OBSERVATIONS 2 z Z 6 U: 00 to o: WI J 1-• w0 d. - _. z� Z o: 2 0 I— w w` O • Z O 1- z Fosterview 08/10/01 Refer to the attached "Tree Condition Summary". The trees are numbered on with blue paint. The subject trees are 30 years or more in age and range to 85 -95 -feet tall and from 18 to 34- inches in diameter. The subject trees are Black Cottonwood (Populous nigra). Cottonwood is a Pacific Northwest native tree characterized by rapid growth, brittle wood and susceptibility to fungal attack in wounds. Root systems are typically shallow and very broad, extending well beyond the "dripline ". Top and upper limb breakage are common. Tree Summary, Table 1 No. Diameter Height Recommendation 1 34 90 Bole Seam, dead stubs, exposed decayed roots Remove 2 26 85 Dead stubs, significant lean Remove 3 27 85 Dead stubs, minor lean Remove 4 18 60 Top broken, lean Remove Analysis "Hazardous tree means a tree with a structural defect or disease, or which impedes safe vision or traffic flow or otherwise currently poses a threat to life or property." (City of Tukwila 18.06.395) The trees subject to this report have defects and /or disease which render them more likely than other trees to fall or break out. Excavation for home sites will exacerbate existing conditions. Root damage will occur resulting in destabilization and infection court development. Wind action could lever the trees over without complete root systems. Wood decay in cottonwoods is rapid and additional stress from construction combined with root damage will create unacceptable hazard risks. Conclusions: In my opinion, all of the trees subject to this report should be removed to reduce hazardous conditions. 3 Fosterview Recommendations: 08/10/01 The site can be reforested with small trees more compatible with the proposed use. Many tree varieties are available with characteristics suitable to the site. Fosterview 08/10/01 CERTIFICATION I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with a • the American Society of Consulting Arborist's. _ ~ ,�' w u6i D J U: 0 0 tn0:: cn W= w o: J', u. . _: zo;. • My compensation is not contingent upon the reporting of a w w! predetermined recommendation, value or direction in value that favors the 2 cause of the client, the amount of the value estimate, the attainment of a 0 N, stipulated result, or the occurrence of a subsequent event. o —: w w!. • My analyses, opinions and conclusions were developed, and this report 1• r', has been prepared, in conformity with the guides of the Association of "" o Consulting Arborists and the standards of arboriculture practice. z I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, conclusions are limited only by the reported assumptions, and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions. • I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. I have made a personal inspection of the property that is the subject of this report. 5 Fosterview 08/10/01 Disclaimer There is no warranty suggested for any of the trees subject to this report. Weather, latent tree conditions, and future man - caused activities could cause physiologic changes and deteriorating tree condition. Over time, deteriorating tree conditions may appear and there may be conditions, which are not now visible which, could cause tree failure. This report or the verbal comments made at the site in no way warrant the structural stability or long term condition of any tree, but represent my opinion based on the observations made. Nearly all trees in any condition standing within reach of improvements or human use areas represent hazards that could lead to damage or injury. Respectfully Submitted, homas M Hanson ISA, SAF Certified Arborist, Certified Forester Site /Address: Map /Location: Owner: public private X unknown Date: Inspector: Date of last inspection: A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD El/Milli-10N FORM 2nd Edition ,CF14.4, e4J �,2 4.x..7. f 4 TREE CHARACTERISTICS Cr'k_.,t;ch other Tree #: / Species: 0.0. Ave) HAZARD RATING: 4, g+ failure + Size + Poterllial of part Target = Hazard Rating Rating Immediate action needed Needs further inspection Dead tree UBH: 2r A of trunks: Height: 7e-2 Spread: Zr- Form: 0 generally symmetric ,,minor asymmetry L) major asymmetry ❑ stump sprout 0 stag- headed Crown class: militant O co- dominant O intermediate O suppressed Live crown ratio: 9e> % Age class: ❑ young L i semi - mature ;'mature Ll over - mature /senescent Pruning history: 0 crown cleaned ❑ excessively thinned ❑ topped O crown raised ❑ pollarded 0 crown reduced ❑ flush cuts O cabled/braced none ❑ multiple pruning events Approx. dates: Special Value: ❑ specimen ❑ heritage /historic J' wildlife 0 unusual ❑ street tree ❑ screen Li shade indigenous ❑ protected by gov. agency TREE HEALTH Foliage color. normal Foliage density: 0 normal Annual shoot growth: ❑ chlorotic ❑ necrotic Epicormics? Y N Sparse Leal size: ❑ normal ,'small ❑ excellent f] average f 'poor Twig Dieback ?� Growth obstructions: ❑ stakes O wire/ties ❑ signs ❑ cables N ❑ curb /pavement ❑ guards Woundwood development: ❑ excellent ❑ average ,L poor 0 none CI other Vigor class: ❑ excellent ❑ average jtair O poor Major pests /diseases: SITE CONDITIONS Site Character: Xresidence 0 commercial ❑ industrial O park ❑ open space ❑ natural Landscape type: 0 parkway 0 raised bed ❑ container ❑ mound ❑ lawn O shrub border Irrigation: `none ❑ adequate Recent site disturbance ? N % dripline paved: dripline w/ fill soil: fwoodlarrddorest ❑ wind break O inadequate ❑ excessive O trunk wettled construction 0 soil disturbance ❑ grade change ❑ line clearing ❑ site clearing "/° 10.251% 25 -50% 50 -75% 75- 100% Pavement lilted? Y N 0% 10 -25% 25 -50% 50 -75% 75-100% dripline grade lowered: U 10-25% 25 -50% 50 -75% 75- 100% Soil problems: ❑ drainage Xshallow 0 compacted ❑ droughty 0 saline 0 alkaline O acidic ❑ small volume 0 disease center 0 history of fail clay ❑ expansive ❑ slope ° aspect: Obstructions: ❑ lights O signage ❑ line -of -sight 0 view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. ❑ Exposure to wind: f single tree 0 below canopy ❑ above canopy ❑ recently exposed O windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snow /ice storms ❑ never eldom ❑ regularly TARGET Use Under Tree: building !LI parking ❑ traffic [Ti pedestrian O recreation C landscape 0 hardscape C small features C utility lines Can target be moved? Y ® Can use be restricted? Y N Occupancy: L] occasional use ❑ intermittent use . Li frequent use ,constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. • TREE DEFECTS ROOT DEFECTS: - Suspect root rot: lY/ N Mushroom /conk/bracket present: N ) ID: Exposed roots: 0 severe 0 moderate 0 tow Undermined: 0 severe Root pruned: dis ice from trunk Root area affected' 0 model ate ❑ low % Buttress w,'irr•.ded: Restricted root area: 0 severe 0 moderate 0 low Potential for root failure: LEAN: ..42 deg. front vertical Ornatural ,unnatural U sell - corrected Decay In plane of lean:6%) N Roots broken N Soil cracking: Y N Compounding factors: ''7I' PGS 1- e N vr. ,c• When: sever" 0 moderate 0 low Soil heaving: Y Lean severity: ❑severe (moderate 0 low CROWN DEFECTS: Indicate presence of individual defects and rale their severity Is = severe, nr = nturI "rate, I = low) DEFECT HOOT CROWN TRUNK SCAFFOLDS BRANCHES Pour taper Bow, sweep Codorrrinants/forks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam (- Decay tj Cavity Conks/mushrooms/bracket Bleeding /sap flow Loose /cracked bark lei-- , Nesting hole/bee hive Deadwood /stubs _ Borers/termites /ants Cankers /galls /burls Previous failure HAZARD RATING. Tree part most likely to fail: 772 t5-,c- Inspection period: annual biannual Failure Potential + Size of Part r Target Rating = Hazard Rating Q 6( } 3 HAZARD ABATEMENT _ Prune: 0 remove detective part Cable/Brace: = other failure potential: t • low: 2 - medium: 3 - hig evere Size of part: I <6" (15 cm); 2.6(15 -45 cm): 3 - 18-30" (45.75 cm , 4 >30" (75 cm) lam get rating: 1 - occasional use: 2 intermittent use: 'frequent use: 4 - constant use O reduce end weight 0 crown clean ❑ thin ❑ raise canopy 0 crown reduce 0 restructure 0 shape Inspect further: D root crown ❑ decay 0 aerial ❑ monitor Y N Move target: Y N Other: O evaluate Remove tree: Q N Replace? Effect on adjacent trees: ,iione Notification: ❑ owner COMMENTS manager G governing agency Date: vr/c evry -d /z r-' 1 �+ b fy"re16.; • ,., S . 1) rte- f 6,, 41. / 0/ .41 , ' ee , j a- Z HZ W 6 U0 • W W � W W O u.Q HW Z� I- O Z w O▪ = 0 1-- Wuj -LL•O WZ U N i O H Z Site /Address: A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition te- ��J �- 7,24- • (9 Map /Location: Owner: public private ) ,r unknown other Date: u / Inspector: 7:- I driisc .-, Date of last inspection. HAZARD RATING: 34. z. I. = 9 failure r Size r Target = Hazard Potential of part Rating Rating X Immediate action needed Needs further inspection Dead tree TREE CHARACTERISTICS Tree #: Species: ` v DOH:. /8 I of trunks: / Height Spread: -f/CF-i2.. Form: ❑ generally symmetric ❑ Minor asymmetry Major asymmetry ❑ stump sprout ❑ stag- headed Crown class: ❑ dominant ❑ co- dominant j Intermediate ❑ suppressed Live crown ratio: �° % Age class: ❑ young ❑ semi - mature j mature L1 over - mature /senescent Pruning history: ❑ crown cleaned ❑ excessively thinned ❑ lopped ❑ crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts ❑ cabled/braced 'none ❑ multiple pruning events Approx. dates. Special Value: ❑ specimen ❑ heritage /historic ❑ wildlife ❑ unusual 0 street tree ❑ screen ❑ shade .L indigenous ❑ protected by gov. agency TREE HEALTH Foliage color. ,formal U chlorolic ❑ necrotic Epicormics? Y N Growth obstructions: Foliage density :,normal (sparse Leal size: lrtorrnal C'small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent ❑ average ❑ poor Twig Dieback ?( N ❑ curb /pavement ❑ guards Woundwood development: ❑ excellent ❑ average ❑ poor ,Unone 0 other Vigor class: ❑ excellent ❑ average J fair ❑ poor Maier pests /diseases: SITE CONDITIONS Site Character: ❑ residence ❑ commercial ❑ industrial 0 park U open space 0 natural i woodlancNorest Landscape type: ❑ parkway ❑ raised bed ❑ container ❑ mound 0 lawn C] shrub border ❑ wind break Irrigation: ,none ❑ adequate ❑ inadequate ❑ excessive ❑ trunk wettled Recent site disturbance? Y N ❑ construction ❑ soil disturbance ❑ grade change ❑ line clearing ❑ site clearing dripline paved: 0% 10 -25% 25-50% 50-75% 75- 100% Pavement lilted? Y N % dripline w/ till soil: 0% 10 -25% 25-50% 50-75% 75- 100% % dripline grade lowered: 0% 10 -25% 25 -50% 50-75% 75- 100% Soil problems: ❑ drainage ❑ shallow D compacted ❑ droughty ❑ saline CJ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of fail ,l clay ❑ expansive ❑ slope ° aspect: Obstructions: ❑ lights ❑ signage ❑ line -of -sight ❑ view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. ❑ Exposure to wind: ❑ single tree „I1elow canopy I:] above canopy 0 recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snow /ice storms ❑ never ❑ seldom ❑ regularly TARGET Use Under Tree: building ❑ parking ❑ traffic ❑ pedestrian 11 recreation ❑ landscape ❑ hardscape ❑ small features C utility lines Can target be moved? Y CND Can use be restricted? Y N Occupancy: ❑ occasional use ❑ intermittent use LJ frequent usr. , constant use The International Society of Arboriculhn^ vvsuntes no responsibility for conclusions or recommendations derived from use of this form. : TREE DEFECTS ROOT DEFECTS: Suspect root rot: Yt Mushroom /conk/bracket present: Y ti Exposed roots: 0 severe ❑ moderate 0 low Undermined: Root pruned' (v ' distance from trunk Root area allected :._ Restricted roof area: 0 severe 0 moderate 0 low Potential for root failure: LEAN: ld deg. from vertical 0 natural 'nnatural L sell - corrected Decay In plane of lean: Y N Roots broken Y Soil cracking: Y N ID. t 0 severe ,, J roderate 0 low Buttress wounded: Y When: evere 0 moderate ❑ low Sail heaving: Y N Compounding factors: 1oi4, 7722 c c..T Lean severity: 0 severe 0 moderate ow 7, of IZ�1 , CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe. in = moderate, I = low) DEFECT ROUT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow, sweep Codominants/torks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers • Girdling _ Wounds/seam Decay Cavity Conks/mushrooms /bracket Bleeding /sap flow Loose /cracked bark Nesting hole /bee hive Deadwood/stubs 44 Borers/termites /ants Cankers /galls /burls ----74 Previous failure HAZARD RATING. Tree part most likely to fail: Inspection period: annual biannual Failure Potential + Size of Part r• Target Rating = Hazard Rating 3 + } _ other HAZARD ABATEMENT .._.._ Prune: ❑ remove detective part 0 reduce end weight 0 crown clean Cable/Brace: Remove tree: Y N Replace? Y N Move target: Y N Other: Effect on adjacent trees: 0 none O evaluate Notification: O owner 0 manager C governing agency Date: COMMENTS Failure potential: 1 low: 2 - n rurigh; 4 • severe Size of part: 1 - <6" (15 c•. -18•" (15.45 cm); 3 - 18 -30" (45.75 cm): 4 - >30" (75 cm) Target rating. 1 - occasional use 2 intermittent use; 3 - Irequent us 4 onstant use 0 thin 0 raise canopy ❑ crown reduce 0 restructure 0 shape Inspect further: Li root crown LI decay 0 aerial ❑ monitor 10/2 -a�4.r.- ■••• fro - (2. h ) ' ✓w 4,,.. r t y 4 // te G� U g Nl1" ')- )v// of -, Site/Address: A Photographic Guide to the Evaluation ut Hazard Trees in Urban Areas TREE HAZARD FVAL CIA HON FORM 2nd Edition • �vv /as4/ A-744: "- / (2 ,/ r4 Map /Location: Owner: public �/' private _r/ unknown Date: __' 'LG/ Inspector: Date of last inspection: other TREE CHARACTERISTICS Tree N: Z- Species: c , 4 ,1 DIM: 24 N of trunks: / height: ec- Spread: ?o / Form: 0 generally symmetric P'Kinor asymmetry ❑ major asymmetry O stump sprout L1 slag - headed Crown class: 0 dominant ' o- dominant L I intermediate O suppressed Live crown ratio: % Age class: ❑ young ❑ semi- mature j mature 0 over-mature/senescent Pruning history: 0 crown cleaned 0 excessively thinned O topped O crown raised 0 pollarded 0 crown reduced 0 flush cuts 0 cabled/braced "if none 0 multiple pruning events Approx. dates: Special Value: 0 specimen U heritage/historic 0 wildlife 0 unusual 0 street tree C7 screen C.) shade ( 'indigenous O protected by gov. agency IIALARD RATING: 3 faihne r Size Potential of part _ + Target = Rating Immediate action needed Needs further inspection Dead tree /0 Hazard Rating TREE HEALTH Foliage color: JS normal ,K1 chlorotic O necrotic Epicormics? Y N sparse Leal size: 52iiormal ,t i small Annual shoot growth: 0 excellent ❑ average 0 poor Twig ()Whack? Y Woundwood development: 0 excellent 0 average ❑ poor 'none Vigor class: O excellent 0 average %fair 0 poor Major pests /diseases: Foliage density: ,normal SITE CONDITIONS Site Character: 0 residence O commercial 0 industrial 0 park 0 open space ❑ natural Landscape type: 0 parkway 0 raised bed 0 container ❑ mound O lawn O shrub bottler Irrigation: none 0 adequate 0 inadeq to ❑ excessive ❑ trunk wettled Recent site disturbance ?�> N jitrconstruction CJ soil disturbance Xgrade change 0 lime clearing Growth obstructions: O stakes O wire/ties O signs 0 cables O curb /pavement 0 guards O other f woodlanddorest Li wind break % dripline paved: % dripline w/ till soil: dripline grade lowered: 0% 10 -25% 25-50% 50 -75% 75 -100% Pavement lifted? 0% 10-25% 25-50% 50 -75% 75-100% 0% 10 -25% 25 -50% 50 -75% 75 -100% 0 site clearing Y N Soil problems: 0 draina �4. shallow CJ compacted 0 droughty 0 saline O alkaline 0 acidic 0 small volume O disease center 0 history of fail lXcta n xpansive 0 slope .20° aspect: .S Obstructions: 0 lig s O sr nage O line -ol- sight 0 view 0 overhead lines 0 underground utilities U traffic 0 adjacent veg. 0 Exposure to wind: r. Ingle Ire: )7'below canopy ❑ above canopy O recently exposed 0 windward, canopy edge 0 area prone to windthrow Prevailing wind direction: Set/ Occurrence of snow/ice storms 0 never • seldorn O regularly TARGET -- Use Under Tree: Jbuilding 0 parking O traffic O pedestrian O recreation Xlandscape 0 landscape O small features C utility lines Can target be moved? Y V Can use be restricted? Y Occupancy: 0 occasional use 0 intermittent use . LI frequent use "constant use t � The International Sbciet;r of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. :! TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y Mushroom /conk/bracket present: Y w ID: Exposed roots: O severe ❑�mjodderate 0 low Undermined: 0 severe Root pruned' S' distance- Tom trunk Root area affected: CJ mode +ate ❑ low Buttress wounded: Y Restricted root area: 0 severe 0 moderate 0 tow Potential for root failure: LEAN: is deg. from vertical h natural innatural U sell - corrected Decay in plane of lean:,; _Y N Roofs broker Yc) Soil cracking: Y N Compounding factors: PR"' rq C�.�.ua24.0 A'ree-4 - et, -,1- 3c, A off-- IQ fs.. CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, in = nr fer ate, I = low) When. severe O moderate 0 low S rll heaving: Y t can severity: 0 severe gmoderate 0 low DEFECT RUUTCROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow, sweep Codominants/for ks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers . Girdling Wounds/seam Decay Cavity Conks/mushrooms /bracket Bleeding /sap flow Loose/cracked bark Nesting hole /bee hive Deadwood /stubs - Borers/termites /ants Cankers /galls /burls Previous failure HAZARD RATING Tree part most likely to fail: %/ze..itS Inspection period: annual biannual other Failure Potential + Size of Part # Target Rating = Hazard Rating 3 + 3 + 4' _ HAZARD ABATEMENT Prune: 0 remove defective part 0 reduce end weight 0 crown clean 0 thin 0 raise canopy Cl crown reduce a restructure ❑ shape Cable/Brace: Inspect further: f. 1 root crown 0 decay 0 aerial 0 monitor Remove Ire • ®N R�epllace? Y N Move target: Y f I Other: Effect on adjacent trees: none O evaluate Notification: O owner manager G governing agency DPte: Y re5/ COMMENTS /c Failure potential: 1 - I':v: 2 - rnediu i W gh; 4 - severe Size of part: 1 - <6" (15 cm): 2 - 6-18" (15-45 cm): 18-30" (45 -75 cm): 4 - >30" (75 cm) intermittent use; 3 - frequent us nstant use Faroe! rating: 1 - occasional us Z 2 6 00 CO 0 W .1 I. w0 2 co a �w Z� F— 0 Z~ 0C O ff-. =w w — O_ w Z' 2 U 0 Z Site/Address: Map /Location: Owner: public private .X unknown other Dale: �� Inspector: 7—, 16 c 4 c•i, • Dale of last inspection: A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition TREE CHARACTERISTICS Tree #: 3 Species. / f', -e-.* DISH: Z% 1 of trunks: / height•✓ Spread: HAZARD RATING: +� + Failure + Size + Target = Potential of part Rating Immediate action needed Needs further inspection Dead tree Hazard Rating Form: ❑ generally symmetric j minor asymmetry ❑ major asymmetry ❑ stump sprout ❑ stag - headed Crown class: ❑ dominant co- dominant ❑ intermediate ❑ suppressed Live crown ratio: � % Age class: ❑ young ❑ semi- mature .mature ❑ over - mature /senescent Pruning history: ❑ crown cleaned ❑ excessively thinned ❑ topped 0 crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts ❑ cabled/braced , 1 none ❑ multiple pruning events Approx. dates' Special Value: ❑ specimen 0 heritage/historic ❑ wildlife ❑ unusual ❑ street tree ❑ screen ❑ shade indigenous ❑ protected by gov. agency TREE HEALTH Foliage color:,ormal Foliage density: iginortnal Annual shoot growth: ❑ excellent Cl chlorotic parse ❑ necrotic Epicorniics? Leal size: formal Y t Msmall average ❑ poor Twig !Tieback? Y Growth obstructions: ❑ stakes ❑ wire/ties ❑ signs ❑ cables ❑ curb /pavement ❑ guards Woundwood development: ❑ excellent ❑ average ❑ poor tone U other Vigor class: ❑ excellent ❑ average lair ❑ poor Major pests /diseases: SITE CONDITIONS Site Character: ❑ residence ❑ commercial ❑ industrial ❑ park ❑ open space ❑ natural woodland\forest Landscape type: ❑ parkway ❑ raised bed ❑ container Cl mound ❑ lawn ❑ shrub border ❑ wind break Irrigation: one ❑ adequate ❑ inadequate ❑ excessive ❑ trunk wettled Recent site disturbance? ' - )(construct& 'soil dis urbance „i T grade change ❑ line clearing ❑ site clearing % dripline paved: 0% 10 -25% 25 -50% 50 -75% 75- 100% Pavement lilted? Y N dripline w/1111 soil: 0% 10 -25% 25-50% 50 -75% 75- 100% °f° dripline grade lowered: 0% 10 -25% 25-50% 50 -75% 75- 100% Soil problems: ❑ drainag4❑ shallow ❑ compacted ❑ droughty ❑ saline ❑ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history o1 tail clay J expansive ❑ slope ° aspect: Obstructions: ❑ lights , ❑ signage ❑ line -ot -sight ❑ view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. ❑ Exposure to wind: ❑ single tree elow canopy ❑ above canopy 0 recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: ,SGC/ Occurrence of snowfice storms ❑ never JiIdorn ❑ regularly TARGET ,, t)se Under Tree: uilding ❑ parking ❑ traffic ❑ pedestrian ❑ recreation 0 landscape ❑ hardscape ❑ small features 0 utility lines Can target be moved? Y Can use be restricted? Y' ?t 7 Occupancy: ❑ occasional use ❑ intermittent use . ❑ frequent use p4onstant use The international Society of Arboriculture assumes no responsibility tor conclusions or recommendations derived from use of this lorm. u:s °�.,,r...J.y.uec:ar�x�iuJ":r --------- ,1d'a�i ti�'SYirS +t;x...e.�; -..:.. .:...�,'.,�::,a" ;eCV'. s. ,+i�� c'u .': ,. .. k!;4`,t? itO TREE DEFECTS ROOT DEFECTS: Suspect tool rot: Y: Mushroom /conk/bracket present: Y li ID: Exposed'rools: 0 severe 0 moderate Undermined: ‹..1 severe U moderate ❑ low Root pruned* v distance from truhk Root area affected: _ Buttress wounded: Y N Restricted root area: ❑ severe 0 moderate 0 low Potential tor root failure: LEAN: /G3 deg. from vertical 0 natural ,nna ural Cl sell- corrected Decay In plane of lean: Y N Roots broken Soil cracking: Y N When: evere ❑ moderate ❑ low Soil heaving: Compounding factors: sus c--r lc-x" �+ Z1. Lean severity: 0 severe 0 moderate row CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate,1= tow) DEFECT ROOT CRUWN TRUNK SCAFFOLDS BRANCHES Poor taper _ Bow, sweep Codorninants/torks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decay Cavity Conks/mushrooms /bracket Bleeding /sap flow Loose/cracked bark Nesting hole/bee hive Deadwood /stubs Borers/termites/ants Cankers /galls /burls Previous failure HAZARD RATING Tree part most likely to tail: re Inspection period: annual _ biannual other Failure Potential + Size of Part + Target Rating = Hazard Rating +3 + 4 /0 HAZARD ABATEMENT Prune: ❑ remove detective part 0 reduce end weight 0 crown clean 0 thin 0 raise canopy ❑ crown reduce J restructure 0 shape Cable/Brace: Inspect further: ❑ root crown Remove tree: N Replace? Y N Move target: Y I•I Other: Failure. potential: 1 - low: 2 • rnediur 3 thigh: 4 • severe Size of part: 1 - <6" (15 cm): 2 - 6-18" (15.45 cm): 8.30" (45 75 crn): 4 - >30" (75 cm) Tarurt rating: 1 - occasionaI use: - 'ntermittent use; 3 - frequent us nstant use Effect on adjacent trees: ? none 0 evaluate Notification: 0 owner yr rnanager C governing agency Uate: COMMENTS C. firh7 0 decay ❑ aerial 0 monitor a•-t- 4.5 , ✓ C CGIZ .,..«...»•..._.. THOMAS M. HANSON, ACF, ISA Specialization Assessment and Appraisal of urban trees. - -- Construction tree protection plans -- Reconstruction of forest stands, green belts and urban trees for damage appraisal as evidence in court testimony and trespass suits. - -- Management of forest tree farms including negotiation of timber sale agreements and supervision of cutting contracts, arranging for silvicultural practices and site preparation. - -- Timber and timberland appraisal, log market analysis and valuation. --- Forest inventory design, organization and implementation. - -- Aerial photo interpretation, forest type mapping and processing of inventory data for stand volume, growth and yield studies. Significant Projects • Testified at trials and mediations regarding the hazard conditions and values of trees. • Hazard Tree Evaluations, on call for City of Everett • Arborist for UW Bothell Campus Construction Project (Otak) • Supervised street tree removal and replacement, City of Woodinville /GTE • Appraised vegetation on 100+ parcels in Snohomish, Skagit, Pierce and Island Counties for Street Widening Projects.(Wash. Appraisal, Lamb - Hanson -Lamb, Norquest, CIC Valuation) • Native Growth Protection Easement Restorations. (King County) • Hazard Tree Evaluations: Cities of; Everett, Kirkland, North Bend, Lake Stevens, Samammish: Kitsap County: Attomeys and Individuals. • Appraiser of tree values for insurance companies. (American States, Allstate, State Farm, Farmers, SAFECO, CNA, Liberty, Unigard) • Manager of 15,000+ acres of forest land in Western Washington for non - resident owners. (Seefeld, Inc., Penguin Forests, PB Lumber) • Appraiser for Department of Natural Resources, Various Divisions ♦ Reviewer; 9th Edition, Guide for Plant Appraisal, ISA. Employment ♦ INFO, Forester since 1971. Currently President and sole owner. Professional Education • Bachelor of Science, Forest Management, University of Washington, (1971). Continuing Education: • Arborist Workshops: Hazard Tree Evaluations; Urban Forestry; Tree Appraisal, Arboriculture Law -- State Appraiser Certification Courses - -- Courses of the Practicing Foresters Institute. • Certificates of Continuing Forestry Education from the Society of American Foresters, (1983, 1986,1991 and 1997). Professional Associations ♦ Association of Consulting Foresters ♦ Society of American Foresters. ♦ International Society of Arboriculture. ♦ American Society of Consulting Arborists Licenses and Certificates ♦ Licensed Real Estate Broker, Washington ♦ Certified Arborist, ISA ♦ Certified Forester, SAF IR ARC August 9, 2001 PS your comy(ere homep1annln.c8 resource City of Tukwila Attn: Nora Gierloff 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Dangerous trees behind lots 35 -40. Dear Nora, It has come to my attention that there are at least three large cottonwood trees behind lots 35 -40. These trees rest on the top bank of the hill, along the water course buffer in tract A. We believe these trees pose a hazard to the homes on the downhill side of the slope. These are fully mature trees and are situated in such a manner that we feel prevailing winds could topple them, and their fall path would reach the homes now under construction. I also understand that you have been on -site with other staff members from the city and reviewed these conditions with Gary Bumstead, the project manager for Dujardin. This letter is to formally request that we be allowed to remove these trees to eliminate the hazard to our homes. I look forward to a reply as soon as possible, as it would be very easy to extract these trees while machine -work is working on the hill. I look forward to your call. Si erely, 0 Kapple ler, President rchitects, P.S. 14311 SE 16trt Street . Be /revue, 'WA 98007 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 C0801_45 Tree removal request, lots 35 -40 ( #98013).doc lv� ti�v.kayy(er�o111eyCa115.cottt 6 U O' CO o CO =I J 11/ o` u- < . cn3d, z�. 2 a: 10 — o w W c) ~0 Z: LU U _' 0 • 1 August 3, 2001 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Bill Fowler PO Box 1059 Snohomish, WA 98291 RE: Release of Bond Bond No. 11133467719 Dear Mr. Fowler: This letter hereby authorizes the release of the bond referenced above in the amount of $68,677.20 for the landscaping of Phase II (lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33 and 34) for the property located known as Fosterview Estates Subdivision. This work has been approved by Nora Gierloff, Associate Planner. I have enclosed a copy of the bond for your reference. If you should have any questions, please contact our office at (206)431 -3672. Sincerely, hilet4 / &d-- Brenda Holt Permit Coordinator 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 �cxsv. �tt"• :..� ,. JUL 24 2001 y}. DEifEi., `MEN DUJARDINLIDEVELOPMENT COMPANY AN ALLEGRE ENTERPRISE July 23, 2001 City of Tukwila 6300 Southcenter Blvd. Suite #100 Tukwila WA 98188 23 - 32nd St. S.E., Everett, WA 98205 P.O. Box 1059, Snohomish, WA 98291 Everett Phone: (425) 334 -5018 From Seattle: ((425)) 743 -6140 FAX: 425 334 -5041 Attn:. Nora Gierloff Re: Bond #11133467719 - Fosterview Estates Dear Nora, We are respectfully requesting that you provide us with a release applicable to . the referenced Bond, a copy of which is attached. All of the lots mentioned in the Bond have been landscaped. Sincerely, William A. Fowler Vice President Attachment WAF:Ifb development / .construction / management ■■ DUJARD -204L0 City of Tukwila Steven M Mullet, Mayor June 19, 2001 Department of Public Works James E Morrow, P.E., Director David Allegre Dujardin Development Company 1322 Avenue D Suite C Snohomish, WA 98290 RE: Fosterview Estates Phasing Plan Dear Mr. Allegre, At our meeting on June 14`h you asked for flexibility on the release of building permits in order to build on moisture sensitive soils during the summer and respond to market forces. I believe that you can meet those goals while working within the existing phasing plan. As soon as the last Phase A lots (13 through 17) are encapsulated Tukwila will release the first set of Phase C lots (35 through 39). This allows you to work on three sites simultaneously, as you have before. Once one of the Phase B areas is complete we will release another Phase C area of your choice. When you feel that Phase A lots have been encapsulated, please have your site foreman call Greg Villanueva, (206) 433 -0179 for a final inspection. If you have any additional questions or comments, please call me at (206) 433 -0179. Sincerely, Lsin Morrow Public Works Director CC: Nora Gierloff, Associate Planner Brenda Holt, Permit Coordinator C: \WINDOWS \TEMP \FV1,hnsing.DOC 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 433 -0179 • Fax: 206 -431 -3665 z • ~Z C.) 0. W: w= J w O; -d = w.. Z F' z o, uj o Cf): ;0 H: w W; U L o` z, U Ni O ;z 06;13'2001 10:55 FAX 425 821 4334 TERRA ASSOCIATES CA 002003 ;;n;•,y..r.....A`•,Lent t, f m 9 to TERRA ASSOCIATES,' Inc: • •. Consultants •in Geotechriicel Engineering, Geology, . ' and • Environmental Earth Sciences . • Mr. Bill Fowler Dujardin 'Development . P.O. Box 1059 ' ••• • • Snohomish, Washington 98 ;91 Subject: • • Construction Scheduling Lots 35 through 39 •Area 9 Lot 40, Area 10 . • •Fostervjew Estates Tukwila, Washington • • rune 13, 2001' • Project No. T- 15.15 -2 ' Dear Mr: Fowler: ' . • , • As requested, •e•have•reviewed the proposed scheduling for construction of residences on the subject lots at . •Fostervicw Estates. We have been working with your personnel and Kappler Architects since :the beginning oflot • development,' observing foundation construction, and site development. 'to conform to City 'of' Tukwila • • requirements for scheduling of construction in groups of lots. • . _ . To date, the groups' of lots have been developed in :accordance With the Horne Developrent Plan, Recently, you requested that we review scheduling requirements and provide our recommendations for modifying ' 'scheduling; in light of the progress made to date, and the geotechnical conditions existing in various parts of the , . 'site. • ' . • • ' We have specifically reviewed conditions oh Lots 35,through 39 (Area 9).and Lot 40,'(Area 10). Soil conditions • in,these iots•consist of some uncontrolled fills comprised of fine_ grained silts. Excavations on these Lots will be . made primarily into these fine-grained and moisture - sensitive soils. •Considering these moisture - sensitive soil conditions, we believe it w•uld•be prudent tb perform earthwork. and . foundation construction on • Lots 35 through' 39 ,(Area 9).and Lot 40 (Area 1'0) during tie 'dry sununer months, in • 'order to minimize :potential 'adverse impacts in wet weather.' conditions. Therefore, we recomrnend that . consnuction on•these moisture - sensitive lots bc•startcd as soon as possible, and foundations'be completed before the wet fall and winter weather. • ' • • • ' , . 12525 Willows Road, Suite 101, Kirkland, Washington 98034 . • ' Phone•(425) 821 -7777 • Fax•(425) 62.1 -4334 i terra©terra- associates :com • .06:13,,2001 1.0:50 FAX 425 921 4334 ��• Mr. Bill Fowler June' 13, 2001 •• • TERRA ASSOCIATES •W.c will continue to: Wort .With' yon ;and. Kapplet reviewing oh-:site conditions during'coristriection. We u*:3h'c dfditrF ion presented is sufficient addi tr a1iornap 14�p�se call. • ; • • • �rc 1 .V�r•,a �.i` , s s • • y 9u � . ,..�1� •: • cer�t- A'ASSOCIATES •IN . • • �-; I •: • x,003/003 •Architects in developing for,,youi current needs: • site- specifio If• you have recommendations. arid in' any••questions or regaire • �Ariit utlilr- Pnncip • ' `''`' . cc:• •Mr. John Kappler, •Kappler Architects • • • • • • z W >> :v0 N0. W ='; J � CO LL;. LU ZI- 2 'O N ;01-i :w LL. O F"; Z( 0H. .0 Z 1322 Avenue D Suite C, Snohomish, WA 98290 P.O. Box 1059, Snohomish, WA 98291 Phone: (360) 568 -7107 Fax: (360) 568 -7097 DUJARDIN::DEVELOPMENT COMPANY AN ALLEGRE ENTERPRISE June 13, 2001 Mr. Jim Morrow City of Tukwila Public Works Department 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Fosterview Estates, Request for Building Permits Dear Mr. Morrow: ■■ The Housing Development plan on page 4 of the referenced plat, specifically item #3, states: "the construction areas and construction phases shall be developed per the geotechnical recommendations." We have been extremely diligent in following the recommendations of our geotechnical engineer. This is evident through the weekly reports that have been sent to you. When we started this development we worked wit the City and our geotechnical engineer to devise a plan to build out the site. This plan was a requirement of the plat. Now we are faced with implementing this plan. While at face value it would seem implementing the phases in literal would be easiest, the entire intent of the house development plan is to create an implementation plan that corresponds to the concerns of the soils on the site. It only seems prudent to adjust the sequencing to respond to the soil conditions and weather conditions. During the summer months the lots are better suited for construction in soils that are not well draining. Therefore we are requesting that our construction starts be more flexible as to which lots are started to take advantage of the summer months and pre -sale of housing. All of this will be done under strict review and recommendation of our geotechnical engineer. D78:d64jph development / construction / management DUJARD-204L0 • CREATIVE LANDSCAPES, INC. C_tk AUV-Lth\*- 4D1Svs1( \CAK\ \ \ LP\ . f (se\--f\J kdb.) 42 1 -1 47 ( . , Wry . (,1 16CIPt- - ID\ (4\ d,hCt zt)LI ct•LA rOt.c <, \(r, It 1 A)C3VaLPt-S Dt la-s44-1 A\A:k- \i\( aA-7/ A-f.m \ „ b51,1 cL �s ►4-11A \ c ci > . (L.cD) 16610 - 88th Street S.E. Snohomish, WA 98290 (206)-334-=8773 Ciiy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director February 27, 2001 John Kappler Kappler Architects 14311 SE 16t Street Bellevue, WA 98007 RE: Request for Release of Phase B Building Permits Dear John, I have received your request for release of building permits in the Phase B group according to the House Development Plan adopted as part of the final plat approval for Fosterview Estates. The letters from your geotechnical engineer Terra Associates and the City's site inspections confirm . that•s t. work has been completed for areas 1 and 8. Based on this the City will.release,building permits for lots 5 -8 in area 2 and lots 21 -23 in area 5. When the site work for area 3 is complete we will release permits for lots 9 -12. If you have questions please call me or Nora Gierloff for additional clarification.. Sincerely, Jim Morrow Public Works Director cc: Nora Gierloff, Associate Planner Joanna Spencer, PW Engineer \ \TUK2 \VOL3 \HOMEW ORA\FSTRVIE W\PhaseB.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z • z• • w. 6 • •■ 0: .w I' w o. g J. w a; u)a �w S: z�, E-O zI D Cy f—: • ,w We H V IL pi • w z` Uu APPLER ARC City of Tukwila Nora Gerloff Public Works Department 6300 Southcenter Blvd. Tukwila WA 98188 RE: Ivey Substitution, Fosterview Plat 1,s your complete homey(anning resource DEC 1. 3 2000 • J ! A December 12, 2000 Dear Nora, Per our phone conversation today, I am following up in writing with the substitution request. We would like to substitute English Ivey for Baltic Ivey. Baltic Ivey is specified on the approved landscape plans. I understand from our phone conversation that you have verbally approved the substitution; this letter is to formally follow -up. Should your understanding be different from mine, please notify me immediately, as we will be purchasing the plants this afternoon, and installing them tomorrow. CC: Gary Bumstead, Fosterview Plat Dujardin.Development 14311 SE 16th Street . Bellevue, 'WA. 98007 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 www. kayylertionieytans.coni re w oo W =. w z I- 0 Z w. 2 0 co 0 H` w I U. H: O:' `iii Z, 0 F-;. z City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director October 16, 2000 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Erosion Control Measures for Fosterview Subdivision Dear John, The rainy season has begun and under the terms of the $150,000 performance bond Dujardin submitted for LAO approval the following conditions must be met: 1) From October to March the site is to be inspected weekly. If required, any maintenance of the erosion control facilities will be accomplished immediately. 2) From October to March, Terra and Associates, or another City approved geotechnical. engineer should inspect the site biweekly and stipulate that either there has been no seepage or additional drainage is required and has been installed to correct the problem. This requirement is to continue until the individual houses have been built. To date we have not received these reports and want to remind you of the requirement. Please address them to Jim Morrow, Public Works Director and cc me for the file as you did last season. In addition 1 am enclosing information about the City's erosion prevention and sediment control requirements so that there will be no misunderstanding about the m easures we will expect Dujardin to implement during construction this winter. If you have questions please call me or Jim Morrow for additional clarification. Sincerely, Nora Gierloff Associate Planner C: \Nora's Files \FSTRVIEW\erosion control.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z • w W U. OOH co W J � .cnu- w O' 4a- co a. =o • t— i. z �. O' z ILI D U Cy co 0 f-: w as • ui z; U co; • F= O Fosterview Subdivision Erosion Control Requirements Page 2 Enclosures: Summary of Erosion Prevention and Sediment Control Requirements Design Specifications for ESC Measures Inspection and Monitoring Requirements cc: Jim Morrow, PW Director Steve Lancaster, DCD Director SUMMARY OF CITY ESC REQUIREMENTS The erosion prevention and sediment control (ESC) plan shall be designed in accordance with the current edition of the King County Surface Water Design Z Manual. The plan shall provide information for temporary erosion prevention 1 I-:. and sediment control during all phases of construction and also shall provide ,� w permanent stabilization for disturbed areas. During construction, the City may 6 m. require additional measures as needed to prevent erosion and retain sediment. d o' No co W 1. Principles — The plan shall emphasize erosion prevention rather than 1 sediment control and shall minimize the extent and duration of soil exposure. u) a. w0 In addition, the plan shall minimize runoff -off velocities and retain sediment 2 on -site. g 2. Plan — At a minimum the ESC plan shall show clearing limits, sensitive area = w buffers, and shall provide temporary stabilization, sediment retention , and z ' perimeter protection. In addition, some projects will require stabilized traffic z o areas and surface water controls, which shall be shown on the ESC plan. The war plan shall also provide a description of final stabilization methods. D Cr CI F-. 3. Seeding — The plan shall provide the seed mix for the temporary and :w w. I- V, U- o 4. Cover measures — w May 1 through September 30, temporary cover measures shalt -be'. P. installed on ALL areas left undisturbed for more than seven days. Z permanent seeding. October 1 through April 30, temporary cover measures shall be installed on ALL disturbed areas left unworked for more than TWO DAYS. These requirements may be relaxed at the City's discretion, depending on site topography and other conditions. At all times, any disturbed areas left unworked for more than 30 days shall be seeded. 5. Wet season requirements — At a minimum, the ESC plan and plan notes shall provide the following for work which will occur from October 1 through April 30: • Install temporary cover measures on all areas which will remain unworked for more than TWO DAYS and on stockpiles and steep cut and fill scopes. • Retain onsite a quantity of cover measures materials sufficient to cover all disturbed areas. • • By October 8, temporarily seed and mulch all areas that will be unworked during the wet season. • Mulch all seeded areas. • Stabilize all construction traffic areas, unless already graveled. ESC MAINTENANCE 1. Failure to maintain ESC measures in accordance with the approved maintenance schedule may result in the work being performed at the direction of the Director and assessed as a lien against the property where such facilities are located. z. cc 2 00 0 wI w w 0. 2. During the life of the project, the Applicant/Owner shall maintain in good �. condition and promptly repair, restore, or replace all grade surfaces, walls, u. drains, dams, structures, vegetation, erosion and sediment control measures, N a and other protective devices in accordance with approved plans. I z: a 3. The Applicant /Owner shall monitor the downstream drainage features, and z shall, with City approval, remove all sediment deposition resulting from project- ? o' related work. 0 col 0 4. The City shall assume maintenance and operation responsibilities for all ESC = w'( measures located within public easements and rights -of -way, following final u. P acceptance of such facilities by the City. z;. N_`: =1-': O z • ESC DURING CONSTRUCTION 1) As the first order of business, the Permittee shall install erosion prevention and sediment control measures per the ESC. Install the downstream temporary ESC measures before any site disturbance occurs. Before the temporary measures are removed, install and establish the upstream permanent ESC measures. 2) The Permittee shall at all times protect sensitive areas, their buffers, and adjacent private properties and public rights -of -way or easements from damage during land altering operations. The Permittee shall restore, to the standards in effect at the time of the issuance of the permit, sensitive areas, their buffers, and public and private properties and improvements damaged by the Permittee's operations. 3) Permittee shall arrange for and comply with the following: • Notify the Public Works Department within 48 hours following installation of ESC measures. • Obtain permission in writing from the Public Works Department prior to modifying the ESC plan. • Maintain all road drainage systems, storm water drainage systems, control measures and other facilities as identified in the ESC plan. • Repair any siltation or erosion damages to adjoining properties and drainage facilities. Inspect according to the approved ESC inspection schedule, and make needed repairs immediately. Cizy of Tukwila Department of Public Works October 3, 2000 Mr. Steve Araki 6752 Lake Washington Blvd Issaquah, WA 98027 Subject: File #: Dear Mr. Araki, Keystar /River Hills D2000 -077 Lot 5 D2000 -035 Lot 6 D2000 -036 Lot 7 D2000 -037 Lot 8 D2000 -078 Lot 9 D2000 -038 Lot A D2000 -39 Lot H Steven M. Mullet, Mayor James F. Morrow, P.E., Director The ' City issued the above building permits with 'several conditions for construction activities. Some of the conditions apply to erosion prevention and sediment control. Keystar is not meeting these conditions. A summary of the City's erosion prevention and sediment control requirements and a copy of the permit conditions is enclosed. Keystar installed silt fence as perimeter protection, but has not maintained the fencing. In addition, in some locations the sift fence is being used more as a retaining wall, which is contrary to its intended use. None of the unworked areas have cover measures. All year round the City requires seeding on all disturbed areas which will be unworked for 30 days or more. From May 1 through September 30, the City requires temporary cover measures on ALL areas left undisturbed for more than seven days. Beginning October 1, all disturbed areas left unworked for more than two days shall be covered and all seeded areas must be mulched by October 8th. All of the lots, except part of lot A and part of lot H, have been unworked for several weeks. In addition, there are cuts into the steep slopes which have no erosion prevention measures on them. 6300 Souchcenter Boulevard, Suite '100 • Tukwila. 6Vashington 98183 • Phone: 206 -.i33 -0179 • Fax: 20o- =31.3005 z a • rew� JU '0 0 • N W =; wa �w Z LLI .- o , w w: - o` rLLiz • U =. 07 The section of 40th Avenue South which is north of South 126th Street was cleared without the City's approval. Bob Parnell, a Keystar representative indicated this road would be covered with angular 2" minus rock to stabilize the right -of -way. This section of public right -of -way is still unstabilized. The City requests you take the necessary action to bring the erosion prevention and sediment control up to City requirements by October 11, 2000. I intend to have your site inspected on October 11, 2000. If on that date the erosion prevention and sediment controls are not in place, the City will issue a Stop Work Order. Sincerely, im Morro Public Works Director Enclosures Permit conditions Summary of Erosion Prevention and Sediment Control Cover Requirements Design specifications for ESC measures Inspection and monitoring requirements Cc: Bob Parnell Steve Araki Greg Villanueva File a Z J U'; moo. N uJ J =' U) LL, w0 g- J L1 • N= = d. z �. i o. z w; 2 Oco: d. w w' 0. LLI co; CITY OF TUKWILA Address: 4000 S 126 ST Suite: Tenant: Type: DEVPERM Parcel #: 794520 -0005 Permit No: D2000 -077 Status: ISSUED Applied: 03/07/2000 Issued: 07/12/2000 Permit Conditions: 1. No changes will be made to the plans unless approved by the Engineer and the Tukwila Building Division. 2. All permits, inspection records, and approved plans shall be available at the job site prior to the start of any con - struction. These documents are to be maintained and avail- able until final inspection approval is granted. 3. Electrical permits shall be obtained through the Washington State Division of Labor and Industries and all electrical work will be inspected by that agency (248- 6630). 4. Plumbing permits shall be obtained through the Seattle -King County Department of Public Health. Plumbing will be inspected by that agency, including all gas piping (296- 4722). 5. All mechanical work shall be under separate permit issued by the City of Tukwila. 6. All construction to be done in conformance with approved plans and requirements of the Uniform Building Code (1997 Edition) as amended, Uniform Mechanical Code (1997 Edition), and Washington State Energy Code (1997 Edition). 7. Validity of Permit. The issuance of a permit or approval of plans, specifications, and computations shall not be con - strued to be a permit for, or an approval of, any violation of any of the provisions of the building code or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid. 8. Engineered truss drawings and calculations shall be on site and available to the building inspector for inspection purposes. Documents shall bear the seal and signature of a Washington State Professional Engineer. 9. Any exposed insulations backing material shall have a Flame Spread Rating of 25 or less, and material shall bear identi- fication showing the fire performance rating thereof. 10.•Notify the City of Tukwila Building Division prior to placing any concrete. This procedure is in addition to any requirements for special inspection. 11. All wood to remain in placed concrete shall be treated wood. 12. There shall be no occupancy of the building(s) until the final inspection has been completed by the Tukwila Building Inspector. 13. Temporary erosion control measures shall be implemented as the first order of business to prevent erosion and offsite transport of sediment. All erosion control must meet the 1998 King County Surface Water Design Manul standards. 14. The site shall have permanent erosion control measures in z W'. .6 JC , U O: .N0.: u)W:. J r` • LL. W O, •LL Q = W� Z F. 0. •W W W, , 1 O.; . W Z, • co; O F-: z place as soon as possible after fi.:2 grading has been completed and prior to the Final Inspection. 15. FROM OCTOBER 1 THROUGH APRIL 30, COVER ANY SLOPES AND STOCKPILES THAT ARE 3H:1V OR STEEPER AND HAVE A VERTICAL RISE OF 10 FEET OR MORE AND WILL BE UNWORKED FOR GREATER THAN 12 HOURS. DURING THIS TIME PERIOD, COVER OR MULCH OTHER DISTURBED AREAS, IF THEY WILL BE UNWORKED MORE THAN 2 DAYS. COVERING MATERIAL MUST BE STOCKPILED ON SITE AT THE BEGINNING OF THIS PERIOD. INSPECT AND MAINTAIN THIS STABILIZATION WEEKLY AND IMMEDIATELY BEFORE, DURING AND IMMEDIATELY FOLLOWING STORMS. FROM MAY 1 THROUGH SEPTEMBER 30, INSPECT AND MAINTAIN TEMPORARY EROSION PREVENTION AND SEDIMENT AT LEAST MONTHLY. ALL DISTURBED AREAS OF THE SITE SHALL BE PERMANENTLY STABILIZED PRIOR TO FINAL CONSTRUCTION APPROVAL. 16. CONTRACTOR SHALL NOTIFY PUBLIC WORKS UTILTIY INSPECTOR MR. GREG VILLANUEVA o (206)433 -0179 OF COMMENCEMENT AND COMPLETION OF WORK AT LEAST 24 HOURS IN ADVANCE. 17. Driveway width shall be a 10' minimum and 20' maximum. Slope shall be a maximum of 1St. Turning radii shall be a minimum of five feet. Driveway shall be paved within 20' of right -of -way. 18. For residential driveways, a minimum 12" pipe shall be installed under the driveway at the existing drainage ditch location. 19. Work affecting traffic flows shall be closely coordinated with the City Utilities Inspector. Traffic Control Plans shall be submitted to the Inspector for prior approval. 20. All water improvements shall be install and the installation aapproved by WD125 before Public Works gives Final Approval. All sewer improvements shall be installed and the installation approved by ValVue sewer district befroe Public Works gives Final Approval. Applicant, shall provide the City an approved set of drawings for both the water and the sewer, signed by WD125 or ValVue sewer as appropriate, that show both the plan and the profile of the installed system. 21. All signs installed on City right of way shall meet current MUTCD standards. 22. Any material spilled onto any street shall be cleaned up immediately, 23. Hauling over 50 cy shall require application for a Hauling Permit prior to any associated activity. 24. No sewer design was provided as part of the application submittal. The side sewer design and subsequent construction shall be completed in accordance with ValVue sewer standards. No water design was provided as part of the application submittal. The water design and subsequent construction shall be completed in accordance with WD125 standards. 25. Any septic tanks in the area shall be pumped empty and removed or filled with sand. A copy of documentation from 4. to the City Utilities Inspector. 26. No framing or storage of flammable materials onsite shall commence prior to installation and acceptance by WD125 and City of Tukwila Fire Department of new water main and fire hydrants. Fire hydrant location shall be preapproved by Tukwila Fire Department. 27. Following installation of the water and sewer systems, Applicant shall provide the City with one water and one sewer availability letter, PER ADDRESS, pertainiang to that address and showing that address on the availability letters. 28. The Land Altering Permit fee is based upon an estimated 90 cy of cut and•fill. If the final quantity exceeds this amount, the developer shall be required to calculate the final quantity and pay the difference in permit fee prior to the Final Inspection. 29. OWNER /APPLICANT /CONTRACTOR DATE the business that performed the p ,ing shall be provided .._ _. . �., �. �... �;:: =•; 'a'W• 2 ID; V,0 W m J O'. . LL Q?. _ d, ,ZF., • O Z 1- :WILE • Oc U N • CITY OF TUKWILA Address: 4031 S 126 ST Suite: Tenant: Type: DEVPERM Parcel #: 734060 -0662 Permit No: D2000 -038 Status: ISSUED Applied: 02/03/2000 Issued: 09/20/2000 Permit Conditions: 1. No changes will be made to the plans unless approved by the Engineer and the Tukwila Building Division. 2. Engineered truss drawings and calculations shall be on site and available to the building inspector for inspection purposes. Documents shall bear the seal and signature of a Washington State Professional Engineer. 3. Any exposed insulations backing material shall have a Flame Spread Rating of 25 or less, and material shall bear identi- fication showing the fire performance rating thereof. 4. All construction to be done in conformance with approved plans and requirements of the Uniform Building Code (1997 Edition) as amended, Uniform Mechanical Code (1997 Edition), and Washington State Energy Code (1997 Edition). 5. Plumbing permits shall be obtained through the Seattle -King County Department of Public Health. Plumbing will be inspected by that agency, including all gas piping (296- 4722).. 6. Notify the City of Tukwila Building Division prior to placing any concrete. This procedure is in addition to any requirements for special inspection. 7. All wood to remain in placed concrete shall be treated wood. 6. Validity of Permit. The issuance of a permit or approval of plans, specifications, and computations shall not be con- strued to be a permit for, or an approval of, any violation of any of the provisions of the building code or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid. 9. There shall be no occupancy of the building(s) until the final inspection has been completed by the Tukwila Building Inspector. 10. FROM OCTOBER 1 THROUGH APRIL 30, COVER ANY SLOPES AND STOCKPILES THAT ARE 3H:1V OR STEEPER AND HAVE A VERTICAL RISE OF 10 FEET OR MORE AND WILL BE UNWORKED FOR GREATER THAN 12 HOURS. DURING THIS TIME PERIOD, COVER OR MULCH OTHER DISTURBED AREAS, IF THEY WILL BE UNWORKED MORE THAN 2 DAYS. COVERED MATERIAL MUST BE STOCKPILED ON SITE AT THE BEGINNING OF THIS PERIOD. INSPECT AND MAINTAIN THIS STABILIZATION WEEKLY AND IMMEDIATELY BEFORE, DURING AND IMMEDIATELY FOLLOWING STORMS. FROM MAY 1 THROUGH SEPTEMBER 30, COVER ALL AREAS WHICH REMAIN UNWORKED FOR MORE THAN SEVEN DAYS. INSPECT AND MAINTAIN TEMPORARY EROSION PREVENTION AND SEDIMENT z _1-. ce 0 00 (D 0; J W 0' LL sa' W ~_ Z F- 0, Z Q' ;0 N IQ f" W W`. H U. z N; 0 H- ` z. CONTROL AT LEAST MONTHLY. ALL DISTURBED AREAS OF THE SITE SHALL HE PERMANENTLY STABILIZED PRIOR TO FINAL CONSTRUCTION APPROVAL. 11. Temporary erosion control measures shall be implemented as the first order of business to prevent sedimentation off - site or into existing storm drainage facilities . 12. The site shall have permanent erosion control measures in place as soon as possible after final grading has been completed and prior to the Final Inspection. 13. Contractor shall notify Public Works Utility Inspector at 206 - 433 -0179 of commencement and completion of work at least 24 hours in advance. 14. FRAMING OF STRUCTURES SHALL NOT COMMENCE PRIOR TO NSTALLATION OF FIRE HYDRANT AND ACCEPTANCE BY THE CITY'.S FIRE DEPARTMENT. 15. Driveway width shall be a 10' minimum and 20' maximum. Slope shall be a maximum of 15?. Turning radii shall be a minimum of five feet. Driveway shall be paved within 20' of right -of -way. 16. ALL. SIGNS SHALL MEETS MUTCD STANDARDS. 17. Any material spilled onto any street shall be cleaned up immediately. 18. Hauling over 50 cy shall require application for a Hauling, Permit prior to any associated activity. 19. Any septic tanks in the area shall be pumped empty and removed or filled with sand. A copy of documentation from the business that performed the pumping shall be provided to the City Utilities Inspector. 20. Work affecting traffic flows shall be closely coordinated with the City's Utilities Inspector. Traffic control plans shall be submitted to the Inspector for prior approval. 21. The City of Tukwila has an undergronding ordinance requiring the power, telecommunications, and cable service lines be underground from the point of connection on the pole to the house. 22. APPLICANT SHALL PROVIDE WATER AND SEWER AVAILABILITY LETTERS FOR THIS ADDRESS AFTER THE WATER AND SEWER SERVICE ARE INSTALLED. 23. No framing or stockpiling of flammable materials onsite shall commence prior to installation and acceptance by WD125 and the City of Tukwila Fire Department of new water main and fire hydrants. Fire hydrant locations shall be preapproved by Tukwila Fire Department. 24. Following installation of the water and sewer systems, Applicant shall provide the City one water and one sewer availability letter, PER ADDRESS, pertaining to that address and showing that address on the availability letters. 25. OWNER /APPLICANT /CONTRACTOR DATE z W W � 'o O' N . W I J � W 0` g r. LL_., Ana. 1'_: 1- o' W D 0 -0 W W ;. 0. Z: UN. H � 0' • Z SUMMARY OF EROSION PREVENTION AND SEDIMENT CONTROL COVER REQUIREMENTS A condition of the your permits is that the erosion prevention and sediment control be installed as the first order of business. Keystar has installed erosion silt fence in an in an inappropriate application and has not provided temporary cover for the nearly two acres of disturbed soils. The following summarizes the City's standards for cover measures: May 1 through September 30, temporary cover measures shall be installed on ALL areas left undisturbed for more than seven days. October 1 through April 30, temporary cover measures shall be installed on ALL disturbed areas left unworked for more than TWO DAYS. These requirements may be relaxed at the City's discretion, depending on site topography and other conditions. At all times, any disturbed areas left unworked for more than 30 days shall be seeded. Wet season requirements — At a minimum, the ESC plan and plan notes shall provide the following for work .which will occur from October 1 through April 30: • Install temporary cover measures on all areas which will remain unworked for more than TWO DAYS and on stockpiles and steep cut and fill slopes. • Retain onsite a quantity of cover measures materials sufficient to cover all disturbed areas. • By October 8, temporarily seed and mulch all areas that will be unworked during the wet season. • Mulch all seeded areas. • Stabilize all construction traffic areas, unless already graveled. z iz • 00 w =' CO w;. • w 0` ga'-J • i a' �w Z s: moo: zF D 0: U ON• w w, H 0E. ui z1 • UN 0 z RETURN ADDRESS: John E. Hanson Hanson Baker Ludlow Drumheller P.S. 10777 Main Street, Suite 300 Bellevue, Washington 98004 CONFORMED COPY 20000505000736 BUCK COV 38.00 PAGE 001 OF 031 05/05/2000 10:43 KING COUNTY, WA WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates REFERENCE NUMBERS) OF DOCUMENTS ASSIGNED OR RELEASED: NONE • Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Dujardin Development Company, Declarant ❑ Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) Dujardin Development Company • Additional names on page of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) Portions of Government Lots 2 and 3, Section 15, Township 23 North, Range 4 East, W.M; portion of Tract 67, Riverside Interurban Tracts, Vol. 10 of Plats, page 74; and portion of Tract 19, Fostoria Garden Tracts, Vol. 9 of Plats, page 95, in King County, Washington. © Additional legal is on pages 25 and 26 of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER 1523049003; 1523049078; 2613200151; 7340601062 • Assessor Tax # not yet assigned Y: \W P\Dujardin \ccr. final.cmw.doc z , =z C4 g: 00 N o, W= J I— UJ O: 2 J < (12d z F. O z UJ 2p W W — O. jz O ~` z DECLARATION OF .. PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT TABLE OF CONTENTS t SECTION 1. DEFINITIONS 1 1.1. Association 1 1.2. Association Action 2 1.3. Board 2 1.4. Building 2 1.5. Common Areas 2 1.6. Declarant 3 1.7. Lot 3 1.8. Owner 3 1.9. Plat Map . 3 1.10. Member 3 1.11. Property 3 1.12. Declaration 3 SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION 4 2.1. Establishment 4 2.2. Voting 4 2.3. Proxies 4 SECTION 3. BYLAWS OF THE ASSOCIATION 4 3.1. Adoption of Bylaws and Amendments 4 3.2. Initial Board of Directors 5 SECTION 4. PROPERTY USE RESTRICTIONS 5 4.1 Business and Commercial Use of Property Prohibited 5 4.2. Nuisance Prohibited 5 4.3. Signs 5 4.4. Overnight Parking Prohibited 5 4.5. Motor Vehicles 6 4.6. Nuisances; Hazardous Activities; Lighting 6 4.7. Animals 6 - Y: \WP\Dujardin\ccr. final.cmw.doc z few; QQom: J U . O fa CO Ill:. . 'w I: • J it. • CO O J: r!- w • • Z 1` z °: • D o; ;w • :=V p w z 4.8. Trash Disposal 7 4.9. Unsightly Conditions 7 4.10. Antennas 7 4.11. Storage 7 4.12. Machinery and Equipment 7 4.13. Development Activities Exempted 8 4.14. Limitations on Common Area Development 8 4.15. Limitations on Additional Impervious Surfaces 8 4.16. Open Space Easement 8 z z • 1- —1 U U O< y °: SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 8 w I 5.1. Association Responsibilities 8 cn u. 5.2. Owners' Responsibilities 9 w 01. 5.2.1. General. 9 ,2 g J' 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2 9 LL 5.2.3. Special Responsibilities for Owners of Lots 31 and 32.. 9 w a n; 5.2.4. Special Responsibilities for Owners of Lots 33 and 34.. 10 t— _: Z E.—, O` SECTION 6. MAINTENANCE ASSESSMENTS 10 w I-` 6.1. Creation of Lien and Personal Obligation of Assessment 10 2 D. 6.2. Purpose of Assessments 10 ;v u 6.3. Initial Assessment; Annual Assessments 11 ;Di—, ` 6.4. Estimated Assessments 11 w w` 6.5. Payment of Owners 12 6.6. Limitation on Use 12 . LL O: • zi 6.7. Record of Assessments 12 Cu co: 6.8. Special Assessments 12 :U - F.: I 6.9. Uniform Rate of Assessment 12 z 6.10. Default in Payment of Assessment -- Remedies 12 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs 13 6.12. Homestead Waiver 13 6.13. Curing of Default 13 6.14. Continuing Liability for Assessments 14 6.15. Subordination of the Lien to Mortgages 14 SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 14 7.1. Owners' Easement of Enjoyment in and to the Common Areas 14 7.2. Delegation of Use 15 7.3. Title to Common Areas 15 Y : \WP\Dujardin \ccr.final.cmw.doc SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 16 8.1. Control 16 8.2. Costs i 16 SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION 16 SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 16 10.1. Establishment 16 10.2. ACC 17 10.3. Criteria 18 10.4. Exterior Finish 18 10.5. No Liability 18 10.6. Building and Construction Restrictions 18 10.6.1. Single Family Residence 18 10.6.2. Exterior Walls. 19 10.6.3. Exterior Colors 19 10.6.4. Fences. 19 10.6.5. Other Structures. 19 10.6.6. Prefabricated Buildings 19 10.6.7. Lighting 19 10.6.8. Temporary Occupancy and Temporary Buildings 19 10.6.9. Storage Sheds and Outside Storage. 20 10.6.10. Landscaping. 20 10.6.11. Topography. 20 10.6.12. New Construction. 20 10.6.13. Utility Service. 20 10.6.14. Contractor. 20 10.6.15. Effect of ACC Approval. 20 10.6.16. Commencement of Construction. 20 10.6.17. Completion of Construction 91 SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA 21 SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 21 12.1. Development Period 21 12.2. Notice of Termination of Development Period 22 12.3. Authority of Declarant During Development Period 22 - Y : \WP\Dujardin\ccr. final.cmw.doc SECTION 13. ENFORCEMENT 22 13.1. Enforcement , 22 13.2. Remedies /2 13.3. Waiver 22 13.4. Costs and Attorney Fees 23 - iv- YAWP\Dujardin\ccr.final.cmw.doc L DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development ( "Declaration ") is made this 54 day of Phi , 2000 by Dujardin Development Company, a Washington corporation ( "Declarart "). RECITALS AND DECLARATION z w cc 2 6 D JU 0 0 CO 0 wI J I uJ 0 U a: cn t•- _, z� A. Declarant is the owner of the real property and improvements thereon legally 0. described in Exhibit A (the "Property "), commonly known as Fosterview Estates. The Property w w. is comprised of all the real property shown on maps recorded with the King County under 2 0i Recording No. o;COTOOSoSOc)d 3S, Volume 194, Pages Olga -Oevg . 8o cn'; B. Declarant hereby publishes and declares that the Property shall be held, sold, i 0 conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following 0 covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for w z': the purpose of enhancing and protecting the character, attractiveness, and desirability of U co F= F..=:. Fosterview Estates. Those covenants, conditions, restrictions, easements, reservations, and 0 agreements shall run with the Property and shall be a burden upon and a benefit to the Property Z and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any �.. portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. SECTION 1. DEFINITIONS 1.1. Association The term "Association" shall mean and refer to the Fosterview Estates Homeowners Association, an association of Owners of Fosterview Estates acting collectively in accordance with its governing documents and this Declaration. Y:\WP\Dujardin\ccr.final.cmw.doc -1- 1.2. Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. 1.3. Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4. Building • The term "Building" shall mean and refer to any building or structure constructed or located in Fosterview Estates and all appurtenances thereto. 1.5. Common Areas The term "Common Areas" shall mean and refer to those portions of Fosterview Estates (and all improvements thereon) owned or held by the Association for the common use and enjoyment of the Owners, except any streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas shall include, but are not limited to, the following: 1.5.1. All sidewalks and pedestrian access easements shown on the face of the Map which are not dedicated to municipalities, public agencies or others; and 1.5.2. All storm drainage, and retention facilities and other utility and water easements shown on the face of the Map which are not dedicated to public agencies, municipalities or others; and 1.5.3. All open spaces, sensitive areas, wetlands, parks, natural areas and all other areas shown on the face of the Map which are not designated as Lots and which have not been otherwise dedicated or deeded to any municipality. The Declarant may add to or subtract from the Common Areas during the Development Period as defined in Section 12.1 by an amendment to this Declaration. In the event the Common Areas described on the recorded Map are different from those described herein, the Common Areas described on the Map shall be deemed the Common Areas unless this Declaration has been amended or modified to change the Common Areas shown on the Plat Map. Y : \WP\Dujardin \ccr.final.cmw.doc —2— 1.6. Declarant The term "Declarant" shall mean and refer to Dujardin Development Company, a Washington corporation, or a person or entity to which it assigns its rights as Declarant. 1.7. Lot The term "Lot" shall mean and refer to any one of the residential lots located within the Property as shown on the Plat Map. 1.8. Owner The term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lot, including any persons or entities purchasing a Lot pursuant to the terms of a recorded real estate contract, but excluding those persons or entities having an interest in any Lot merely as security for the performance of an obligation. The Declarant shall be the Owner until it sells the Lot. 1.9. Plat Map The term "Plat Map" shall mean the maps of the Property recorded with the King County Recording No.OlovdSoSrQca 93s—. 1.10. Member The term "Member" shall mean and refer to every Owner who, as a result of such ownership, holds a membership in the Association with rights and responsibilities as set forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 1.11. Property The term "Property" shall mean the Property referred to herein as Fosterview Estates as more specifically described in Exhibit A, attached hereto. 1.12. Declaration The term "Declaration" shall mean and refer to this Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates, a Planned Residential Development. YAWP\Dujardin \ccr.final.cmw.doc - 3- <z rt 6 oo N 0 wI' LL J'. LL j. Y2 w:. z_�'. zI-. 11J uj :o U: 0 I- 11.1 w. F„. LI o: w z; =; z { SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION 2.1. Establishment There is hereby created an association to be called "Fosterview Estates Homeowners Association." The Association shall be a nonprofit corporation formed and operated pursuant to RCW 24 and RCW 64.38. The Owner of Lots within the Property shall constitute the members of the Fosterview Estates Homeowners Association. 2.2. Voting Each Member shall be entitled to cast at any meeting of the Association one vote for each Lot owned by that Member. If any Lot is owned by more than one person or entity, the owners thereof shall appoint one person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetency of any of the Lot's owners, or when any of the Lot's owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 2.3. Proxies • Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the Member's Lot, without the prior written consent of the holder of such indebtedness. SECTION 3. BYLAWS OF THE ASSOCIATION 3.1. Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Declarant, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Declarant shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ( "Bylaws ") may be amended from time to time by a vote of not less than seventy percent (70 %) of the votes of all Members (including Declarant, if applicable), at any regular or special meeting of the Association duly called for that purpose. - 4- Y: \WP\Dujardin \ccr. f nal.cmw.doc L 3.2. Initial Board of Directors The Declarant shall designate the members of the initial Board. The initial Board shall serve until the Declarant transfers the management and administration of Fosterview Estates to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. SECTION 4. PROPERTY USE RESTRICTIONS 4.1. Business and Commercial Use of Property Prohibited No trade, craft business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind which constitutes an annoyance to the neighborhood, the evidence of which is visible from the exterior of the building on the Lot or which increases traffic beyond usual residential volumes within Fosterview Estates, shall be conducted or carried on upon any Lot or within any building located within Fosterview Estates. The Association shall have final authority to determine if business conducted on a Lot is in compliance with this Section. 4.2. Nuisance Prohibited No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners. 4.3. Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (1) customary name and address signs, (2) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence, (3) signs required by legal proceedings (and then the sign shall be no larger than eighteen inches by twenty-four (24) inches, unless mandated by statute or court order), (4) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days), (5) promotional and sales signs of the Declarant and/or its agents, and (6) permanent monuments (entry signage) and Common Areas identification signs. 4.4. Overnight Parking Prohibited No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached Y : \WP\Dujardin \ccr.final.cmw.doc - 5- camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lat Common Areas or street within Fosterview Estates. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the ACC or the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty eight hours in any calendar month. 4.5. Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot, Common Areas or street within Fosterview Estates, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Areas or street; provided, however, that this section shall not apply to (a) emergency vehicle repairs which require less than twenty -four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Areas, or street. 4.6. Nuisances; Hazardous Activities; Lighting No odors or loud noises shall be permitted to arise or emit from any Lot or Common Areas so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. 4.7. Animals A Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built -up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property. When not confined to the Owner's Lot, pets within Fosterview Estates shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the - 6- YAWP\Dujardin \ccr.final.cmw.doc z re 2 mow; 6 U U0 N 0; U) J F. 0) IL: ' uJ u.< = W z� H 0' zI ui U O-. o I, = U' O' iii z U co 'O z Board, at its sole discretion. 4.8. Trash Disposal Neither trash, debris nor rubbish of' any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Areas. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Owner shall be solely responsible to remove and dispose of all such materials. Should any Owner fail to comply with this covenant within ten (10) days following the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. • 4.9. Unsightly Conditions No Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The ACC may grant a written waiver of this covenant upon application by a Owner under conditions as provided in this Declaration. 4.10. Antennas No telephone, radio or television receiving or transmitting tower, antenna or dish more than thirty (30) inches in diameter shall be permitted on any Lot or Building. 4.11. Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 4.12. Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. Y: \WP\Dujardin \ccr. final.cmw.doc — 7— z • • w. • 00 CO w • J u. w0 gm u. Q, = v Z Z 17' U 1—. !w w' t—: • • - 4 LL.z w �. z 4.13. Development Activities Exempted Nothing in this Declaration shall prevent Declarant, its successors and assigns and their contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Declarant deems necessary in order to accomplish such purpose. As used in this section, "successors and assigns" specifically shall not include purchasers of Lots improved with completed residences. 4.14. Limitations 011 Common Area Development There shall be no development undertaken in the Common Areas without the prior approval of both the Board and the City of Tukwila. The application for any such development shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.15. Limitations on Additional Impervious Surfaces No Owner shall construct any additional surfaces such as asphalt or concrete patios or parking areas on a lot without the prior permission of the Board and the City of Tukwila. The application for such additional impervious surfaces shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.16. Open Space Easement Open Space Easements are shown on the face of the Plat Map. Open Space Easements are not Common Areas. No Owner shall construct or place any structure (other than fences or utilities) within an Open Space Easement SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable. The responsibilities of the Association shall include, but are not limited to, the cleaning and maintenance of the water courses on Tracts A and B, the maintenance, repair and replacement of the fences around and across Tracts A and B, the maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, the maintenance, repair and replacement of the retaining wall along the north Y:\WP1Dujardin\ccr.final.cmw.doc - 8- .z z z. mow. u6n •UO: • cv w L1.1 CU I. , N ti, wo g J. LL. , i d' z �. zI-.. U.1 ail O -, w w. • Z, UN: O ~, z boundaries of Lots 1 and 2, and maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance which it determines to be in the best interest of the Owners. 5.2.. . Owners' Responsibilities 5.2.1. General. Each Owner shall maintain his respective Lot and the Building located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. If any Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two- thirds (2 /3rds) vote of the Board, may notify said Owner in writing of the maintenance required. If said notice is delivered to the nonperforming Owner and the noted condition is not remedied for a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the nonperforming Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the nonperforming Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in Section 6.10 of this Declaration. 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2. The Owners of Lots 1 and 2 shall be responsible for the maintenance, repair and replacement of the common driveway which serves only their lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event, all costs for such maintenance, repair and replacement shall be share equally by the two (2) Owners. 5.2.3. Special Responsibilities for Owners of Lots 31 and 32. The Owners of Lots 31 and 32 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. YAWP\Dujardin \ccr.final.cmw.doc - 9- .., • • 5.2.4. Special Responsibilities for Owners of Lots 33 and 34. The Owners of Lots 33 and 34 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. SECTION 6. MAINTENANCE ASSESSMENTS 6.1. Creation of Lien and Personal Obligation of Assessment Each Owner is deemed to covenant and agree to pay to the Association all common expenses assessed against his Lot by the Association by acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument. Common expenses include, but are not limited to: (1) annual assessments or charges, and (2) special assessments. Said annual and special assessments, together with interest therein and costs of collection thereof (including reasonable attorneys' fees), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest and costs of collection, shall also be the personal obligation of the Owner owning the Lot when the assessment is due. There shall be no assessment on any Lot until after the initial transfer of the Lot. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title unless the lien for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any lot which is charged with the payment of an assessment or assessments payable in installments, the person-or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 6.2. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. Y: \WP\Dujardin \ccr. final.cmw.doc z w _i . .0 00 N w' w =. J H CO IL w 0: ga =w z1_ 1- 0: z r~-. • 0o .0f-. w w: HU w F-; aiZ U N; Z 6.3. Initial Assessment; Annual Assessments At the time of the initial closing of the sale of each Lot, the escrow agent shall collect from each Owner, a start up contribution to the Association in the amount of $20.00 (which shall be used to reimburse Declarant for maintenance and operating expenditures during the Development Period). Unless changed by a vote of seventy percent of the Members, the initial z annual assessment (which is an additional charge to the start up contribution) shall not be in excess of $50.00 per year and shall be prorated for any partial year at the time of the purchase of 6 =' the Lot and shall be collected by the escrow agent at the closing of the purchase of the Lot. v 0 rn 0 CD ua Each year the Board shall access each Owner for an annual assessment in an amount �. which, in the aggregate is sufficient to meet the obligations of the Association, including without w LL uj0 limitation, maintenance of the private storm water drainage facilities located within the Property. 2 Commencing on January 1 following the termination of the Development Period and continuing g each year thereafter, the annual assessments shall not be increased by more than fifteen percent co <` (15 %) without the approval of seventy percent (70 %) of the Members voting at a meeting duly w called for such purpose. Notwithstanding the provisions set forth above, the Declarant shall not z be liable for any fees or assessments assessed or due prior to the termination of the Development z o' Period. w uj DI 6.4. Estimated Assessments U o cl' o Within sixty (60) days prior to the beginning of each calendar year or such fiscal year as Ill 0 the Board may adopt, the Board shall (a) estimate the annual assessments and special u... assessments for the Lots to be paid during such year; (b) make provisions for creating, funding z. and maintaining reasonable reserves for contingencies and operations, for maintenance, repair, v replacement and acquisition of Common Areas and facilities; and (c) take into account any 0 ~— expected income and any surplus available from the prior year's operating fund. If the estimated Z cash requirement proves inadequate for any reason, including nonpayment of any Owner's assessment, a special assessment may be levied during that fiscal year upon a majority vote of the Board. Written notice of the annual assessments shall be sent to every Owner. The Board's failure to fix the assessments for the next year before the expiration of any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof, for that or any subsequent year, but the assessment fixed for the preceding year shall in that event continue until a new assessment is fixed. Y: \WP\Dujardin \ccr. final.cmw.doc 6.5. Payment of Owners Each Owner shall be obligated to pay its annual and special assessments to the Treasurer for the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day of each month during each year or at such time and in such other reasonable manner as the Board designates. 6.6. Limitation on Use All funds collected hereunder shall be expended for the purposes designated herein and for on other purpose. 6.7. Record of Assessments The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall specify and itemize the operation, maintenance, replacement and repair expenses of the Common Areas and any other expenses incurred. Records and vouchers authorizing such payments shall be available for examination by the Owners for any proper purpose at any reasonable time. 6.8. Special Assessments In addition to the annual assessments authorized above, the Association may levy in any fiscal year as the Board designates, a special assessment for the purposes of defraying, in whole or in part, the cost of any construction, reconstruction, repair, acquisition or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related - thereto. The Board may also levy a special assessment against one or more Owners who are in violation of Sections 5.2, 5.3, 5.4 or any other provisions of this Declaration. 6.9. Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots, except for assessments against a specific Owner imposed by the Board to reimburse the Association for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 6.10. Default in Payment of Assessment—Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is imposed by law, at eighteen percent (18 %) per annum, from the date on which it was due until paid. In - 12- Y: \WP\Dujardin \ccr. final.cmw.doc z Q ■ f- w SRC ; 00. u,c w =. CO� w0 LL = N F=-= zI. ,-0: 2 !O co. w LU CO F._ — z the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest are not paid in full within fifteen (15) days of the date of the notice, the Association may bring an action against the person or entity personally obligated to pay such assessments and/or record a lien for the amount of the assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be maintained against the Owner in conjunction with or separate from foreclosure of the lien. The notice of assessment shall not be filed of record unless and until the Board has delivered to the defaulting Owner a notice of the intent to file the lien. 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs The Declarant or Board may initiate action to foreclose the lien of any assessment on behalf of the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent assessments or charges, any judgment rendered against the Owner in favor of the Association shall include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be entitled to reimbursement for all its attorney fees whether said attorney fees are incurred in negotiation, arbitration, litigation, foreclosure or collection action, bankruptcy or appeal. 6.12. Homestead Waiver Each Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. 6.13. Curing of Default If the Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a fee of $50 to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized representative of the Board. Y: \WP1Dujardin \ccr.6nal.cmw.doc - 13- z . =z • UO (00 Nw w0 J to z1 z o, %Ai ID o O co, C1ff U.1 W II 0 Z iU to O~ z 6.14. Continuing Liability for Assessments No Owner may exempt himself from his liability for annual or special assessments by abandonment of his Lot or abandonment of the use of any Common Areas. 6.15. Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such Owner from personal liability for any assessment due nor shall any Lot be relieved from paying assessments becoming due after foreclosure of the lien thereof. SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 7.1. Owners' Easement of Enjoyment in and to the Common Areas Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Areas owned or held by the Association. Such easement shall be appurtenant to and conveyed with the ownership of every Lot, even though such easement is not expressly mentioned or described in the conveyance or other instrument, subject to the following restrictions: 7.1.1. The Association's right to limit the number of guests of Owners, and to adopt rules and regulations governing use and maintenance of the Common Areas. 7.1.2. The Association's right to use and management of the common street portion of said Common Areas for access, roadway and utility purposes, including, but not limited to, pumps, pipes, wires, cables, conduits, culverts, ditches and other equipment, structures, supplies and material. 7.1.3. The Association's right to suspend the voting rights of a Member: (1) for any period during which any assessment against the Member's Lot remains unpaid; or (2) for a period not to exceed one hundred eighty (180) days for any infraction of the Association's published rules and regulations. 7.1.4. The Association's right to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association. After the termination of the - 14- Y: \WP\Dujardin \ccr. final.cmw.doc Z Ce w 00 w is LL wO ga� I_ Q =w� r- w z �. F-0 z� ILI mu 2o ui U :0 •— • w. F=- U u-O .z: N, 0 Development Period, no such dedication or transfer shall be effective unless the Association records an instrument agreeing to such dedication or transfer, signed by seventy percent (70 %) of all Members prior to such dedication or transfer. 7.1.5. The rights reserved to the Declarant in this Declaration. 7.1.6. The Common Areas that are designated on the Map as open space, natural areas, wetlands, sensitive areas, steep slopes, flood zones and other specially designated areas shall remain in existing natural vegetation, (except any portions utilized for utility easements and passive recreation, as approved by the City of Tukwila) to protect the Common Areas. 7.1.7. Except with regard to utility easements, the following restrictions apply to activities within the Common Areas: (1) there shall be no removal of natural vegetation, specifically including trees, except in emergency or dangerous situations subject to the approval of the City of Tukwila; (2) there shall be no fires permitted within the Common Areas, except by governmental authorities; (3) there shall be no buildings or structures, whatsoever, placed or constructed within the Common Areas without the prior written consent of seventy percent of the Owners; (4) there shall be no motor vehicles allowed into Common Areas except those necessary for routine maintenance; and (5) the Common Areas shall not be used for dumping of grass, rocks, dirt and/or other materials. These restrictions are intended to protect the Common Areas and ensure that these areas will serve as a natural aesthetically pleasing, passive buffer between lots and other adjacent developments, for the mutual benefit of all Owners. 7.1.8. All other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. 7.2. Delegation of Use Any Owner may delegate its right of enjoyment of the Common Areas and facilities to the members of his family, his tenants and guests, in accordance with the Bylaws and subject to rules and regulations adopted by the Association. 7.3. Title to Common Areas Upon termination of the Development Period, the Declarant shall transfer and the Association shall hold title to the Common Areas as trustee for the Owners. - 15- Y:\WP\Dujardinlccr. final.cmw.doc SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 8.1. Control The Declarant shall have and hereby reserves for itself, its successors, and assigns, the right, during the Development Period and any period thereafter in which Declarant is a Owner, to utilize the Common Areas for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion and development of Fosterview Estates. Prior to the termination of the Development Period, the Declarant shall transfer the Common Areas to the Association, without warranty but free and clear of monetary encumbrances. Control and the management and administration of the Common Areas shall vest in the Association at the end of the Development Period subject to the Declarant's then existing rights of use under this Declaration. 8.2. Costs Until the termination of the Development Period, the Declarant shall pay all costs of maintaining and operating the Common Areas in excess of the funds collected by the Association under Section 6. After termination of the Development Period, the Association shall pay all costs of maintaining and operating the Common Areas. SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION The Association shall obtain such insurance policies as the Board deems in the best interest of the Members. All such insurance coverage shall be written in the name of the Association as trustee for each of the Members. The Declarant shall pay the costs of insurance obtained by the Declarant prior to conveyance of the Common Areas. SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 10.1. ESTABLISHMENT An Architectural Control Committee ( "ACC ") is hereby established as a special committee of the Board. The ACC shall review all proposed construction for compliance with the architectural controls listed in this Section. The Declarant hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls given to the Board or its authorized representatives as enumerated in Section 10.2 herein until the sale of the last lot owned by Declarant. The original ACC is comprised of: - 16- YAWP\Dujardin \ccr. final.cmw.doc David Allegre William Fowler Jinx Ponath - Harrison Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 A majority of the ACC may designate a representative to act for it. In the event of death or resignation of any member of the ACC, the remaining Members shall have full authority to designate a successor or to act alone. Neither the Members of the ACC nor its designated representative, shall be entitled to any compensation for services performed as a Member of the ACC unless authorized by a two- thirds (2 /3rds) vote of the Board. The term of office of the above - designated ACC shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Declarant, if not sooner terminated by Declarant in the same way that the Development Period can be terminated by Declarant pursuant to Section 12 herein. The ACC shall continue after termination of the Development Period upon the Board's appointment of an ACC of three owners. 10.2. ACC At the termination of the Development Period, the Board or a committee of the Board shall appoint the members of the ACC. The ACC shall consist of three or more Owners. The ACC -so appointed shall have all the powers and authority of the ACC as stated and any reference in this Declaration. The shall must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The ACC shall grant written approval upon two- thirds (2/3) affirmative vote of the ACC. In seeking such approval, a Owner or prospective Owner shall submit one copy of materials adequate to allow review of a proposed action for each ACC member, plus one additional copy for the files of the ACC. Submittals must include, at a minimum: (i) site plan; (ii) exterior elevations (all sides); (iii) color board showing all exterior colors and materials; and (iv) landscape and exterior lighting plan. The ACC may request additional details. The ACC shall approve or disapprove of such plans within thirty (30) days of said submittal. The ACC's decision shall be in writing. The ACC shall have the right to approve a proposal subject to compliance with conditions which may established by the ACC. If the ACC fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be required, and this Section shall be deemed to have been fully complied with. The decisions of the ACC are final. Y: \WP\Dujardin\ccr. final.cmw.doc - 17- z aF zw. 6 JU U 0' rn C) w= J CO WO 2 ga CO = w' z1._` Zo w uj U� ;0 0 F- w W. = U. 1- O — O. w z. z 10.3. Criteria The ACC shall consider the following criteria in approving or disapproves a plan submitted to it: (a) the harmony of the external design, color and appearance of the proposal in relationship to the surrounding neighborhood; (b) the location of the proposed building on the lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the covenants contained in this Declaration and any rules and regulations promulgated by the Board pursuant to this Declaration. 10.4. Exterior Finish The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Fosterview Estates. Siding options shall consist of solid wood product or approved wood by- product, stucco or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting within nine (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 10.5. No Liability The Members of the ACC shall have no personal liability for any action or decision made by the ACC. By acceptance of a deed to any Lot, the Owner agrees and covenants not to maintain any action against any Member of the ACC which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the ACC. 10.6. Building and Construction Restrictions All buildings on a Lot are subject to the following restrictions: 10.6.1. • • sil ' : - ' 1 -1 - Only one (1) single - family residence ( "house ") may be constructed or permitted to remain on a Lot. No such house shall include less than 1000 square feet of living space (exclusive of a porch, patio, garage or other accessory building). Y:\WP\Dujardinkcr.final.cmw.doc -18- 10.6.2. Exterior Walls Exterior walls shall be clad with materials appropriate to the architectural style and are limited to (i) brick; (ii) stone; (iii) solid wood or approved wood by products; (iv) stucco or such other materials as are specifically approved by the ACC from time to time. 10.6.3. Exterior Colors Exterior colors shall be compatible with the existing z structures in the development as well as the architectural style of any Building. Masonry materials should be compatible with other colors on the house. No primary, reflective or 6 v fluorescent colors shall be used on any structure. 0 0 w o, 10.6.4. Fences. No fences, walls, hedges or mass plantings, other than I: LL foundation planting, shall be permitted to extend nearer to the street or private road than co w 0 the minimum setback line required by ordinance; provided, however, that nothing shall 2 prevent the erection of a necessary retaining wall; provided further that no fence, wall, ga hedge or mass planting shall at any time shall extend higher than six (6) feet above the w ground, except for necessary retaining walls or rockeries which conform to the City of -± W' Tukwila Building Codes. No wire fences shall be used unless approved by the ACC. z = !— The finished side of all fences shall face the exterior of the Lot and shall be painted or o' finished to match or blend with the existing appurtenant structures. Cedar fences may be w w allowed to weather naturally. o'.. off'. 10.6.5. Other Structures Exterior trim, fences, doors, railings, decks, eaves, '- gutters and the exterior finish of garages and accessory buildings, if allowed, shall be z v. designed, built and maintained to be compatible with the exterior of the structures they o. adjoin. .. z 10.6.6. Prefabricated Buildings No prefabricated buildings or structures of any 0 F' nature whatsoever, specifically including mobile homes, permanent or temporary, shall - Z be moved, placed, constructed or otherwise maintained on any Lot. 10.6.7. Lighting All area lighting shall be designed and positioned to ensure that the light source is not directly visible from any other house in the Fosterview Estates. 10.6.8. Temporary Occupancy and Temporary Buildings No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the ACC, whichever occurs first. Y : \WP\Dujardinlccr.final.cmw.doc - 19- ..., ' ' ., 10.6.9. • • • • - • . • • • • - • • • - No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the ACC. 10.6.10. Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within nine (9) months of the start of construction. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the native existing character of Fosterview Estates. Each Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 10.6.11. Topography The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain system and surface flows without the written consent of the Board. z zH w CG 2 6 U O. CO o. J I � LL. w 0: �d z� 10.6.12. New Constrnrtion All Buildings shall be of new construction (except w O used brick, siding or similar decorative materials which may be used). n !O N t]1-- w w. .z. w UN 10.6.14. Contractor No house may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington z without the prior approval of the ACC. 10.6.13. t ltility Service No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the Property. 10.6.15. Fffect of ACC Approval No buildings shall be constructed or caused to constructed on any Lot unless the ACC has approved the plans as provided above. The ACC's approval of any plan shall not constitute any warranty or representation by the ACC, the Board or any of their Members that such plans were examined or approved for engineering or structural integrity or sufficiency or compliance with the applicable governmental laws, codes, ordinances and regulations. Each Owner hereby releases any and all claims of any nature whatsoever against any member of the ACC, the Board, and the Association, their heirs, successors and assigns related to the engineering, structural integrity, sufficiency, compliance of any plans approved by the ACC. 10.6.16. Commencement of Construction Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall - 20- Y: \W P\Dujardin\ccr. final.cmw. doc conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the ACC must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the ACC prior to commencement or performance. z The ACC may disapprove, condition or require changes in the project upon such further • z. review. c4 2 JU UO: cn w Wo w LL Q, =d z 1- O. zI- LLJ Each Owner, in its purchase of a Lot, hereby acknowledges that the Plat of Fosterview Estates, as approved by the City of Tukwila, contains areas consisting of steep slopes. Each i cw.', Owner hereby releases the City of Tukwila and its officers, agents and employees from all LL 0 claims, actions, causes of action, costs, attorneys' and experts' fees or property damage arising w Z from the presence of steep slopes within the Plat; provided, that this release shall not apply to v claims, actions, causes of action, costs, attorneys' and experts' fees and property damage resulting p from the sole or contributory negligence of the City of Tukwila, its officers, agents and Z employees. 10.6.17. Completion of Construction The exterior of any house constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, within nine (9) months from the start of construction so as to present a finished appearance when viewed from any point, unless completion is delayed by acts of God or labor stoppages not attributable to the fault of the Owner. All work shall be prosecuted diligently and continuously from the start of construction until the house is fully completed and painted. No Owner shall reside on any Lot except in a residential dwelling constructed or placed thereon that shall have received a certificate of occupancy or analogous certification from the county in which it is located or any successor governmental entity with jurisdiction. SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 12.1. Development Period The term "Development Period" shall mean that period of time from the date of recording this Declaration until the date when all original Lots have been sold. The Development Period shall terminate ten (10) years after the recording of this Declaration. Notwithstanding the foregoing, the Declarant, at its option, may elect to terminate the Development Period at any time. Upon termination of the Development Period, the Declarant shall record with the King County Recorder a Notice of Termination of Development Period referencing this Declaration and stating that the Development Period is then terminated. Y : \WP\Dujardin \ccr.final.cmw.doc - 21- 12.2. Notice of Termination of Development Period The Declarant shall give written notice to each Owner of the termination of the Development Period, not less than fourteen (14) nor more than sixty (60) days prior to the recording of the Notice of Termination of Development Period. ,reW 12.3. Authority of Declarant During Development Period 6 v UO; Until the termination of the Development Period, the Declarant hereby reserves for itself, N w its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and/or performed solely by the Declarant. Upon termination of '.0 the Development Period, administrative power and authority for management of the Property 2 shall pass to the Board of Directors and Members as provided herein and in the Bylaws. g u.¢ v I— MI ?� zI- tu The Board may enforce all restrictions, conditions, covenants, reservations, liens and The now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws 0 u-2, and any rules and regulations promulgated by the Board by any proceeding at law or in equity. t During the Development Period, the Declarant may exercise this enforcement power on behalf of v` the Association. u. o: iui rz z 01 The remedies provided herein for collection of any assessment, charge or claim against any Member, for and on behalf of the Association or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. SECTION 13. ENFORCEMENT 13.1. Enforcement 13.2. Remedies 13.3. Waiver The failure of the Association, the Declarant, any Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to Y : \WP\Dujardin\ccr.final.cmw.doc -22- have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 13.4. Costs and Attorney Fees If any authorized person or entity (including Declarant) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be entitled to the award of reasonable attorneys' fees and costs incurred in said action whether such fees and costs are incurred in negotiation, mediation, arbitration, litigation, appeal, bankruptcy or pre- or post judgment collection. IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day and year first above written. DECLARANT: Dujardin Development Company - 23- Y : \WP\Dujardin \ccr.final.cmw.doc z iz 0 0 CO w; w =; 1 al O LL D1 = d, w' z z o z o N, ,w ui z: 0 O STATE OF WASHINGTON ) ) ss. COUNTY OF %/,u,: r ) THIS IS TO CERTIFY that on this /s7 day of ,414. y , 2000, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came 411 &L CO- , personally known or having presented satisfactory evidence to be the IA c6- //t-Gs / Def./F. of Dujardin Development Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. r. A-•.1. - tr;y S = �pTAItY,4 PU 900 ;far Y : \WP\Dujardin\ccr.final.cmw.doc Print Name: Afrecig A.Mc JJe, Notary Public in and for the State of Washington, residing at S�a� -fl e Expiration Date: 3 -(0-014 - 24- EXHIBIT A LEGAL DESCRIPTION PARCFT. A• That portion of Government Lot 2, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Government Lot; thence easterly along the north line thereof 586.69 feet; thence southerly parallel with the west line of said Government Lot a distance of 586.55 feet, more or less, to the north line of the south 691.50 feet of said Government Lot; thence westerly along said north line 140.03 feet to the east line of the west 446.67 feet of said Government Lot; thence southerly along said east line 7.50 feet to the north line of the south 684 feet of said Government Lot; thence westerly along said north line 143.34 feet to the northwest comer of a tract of land deeded to Ralph A. Olson and Reatha Olson by deed recorded under Recording Number 5089251; thence south along the west line of said deeded tract a distance of 20.00 feet to the north line of the south 664.00 feet of said Government Lot; thence westerly along said north line 303.34 feet, more or less, to the west line of said Government Lot; thence northerly along said west line 606.50 feet, more or less, to the point of beginning; EXCEPT that portion thereof condemned for F.J. Folkendahl Road in King County Superior Court Cause Number 214626; AND EXCEPT those portions thereof deeded to King County for Charles E. Adams Road (42nd Avenue South) by deeds recorded under Recording Numbers 472354 and 5558464; (ALSO KNOWN AS Parcel B, City of Tukwila Boundary Line Adjustment No. L92 -0064, as recorded under Recording Number 9408080706). Y : \WP\Dujardin\ccr.final.cmw.doc - 25- z .C4 LLI2i; UO! No. cn w JI. CO u w O. a • = d` • z � w , :Z ALI 2 j! • O N. w W z 1- U W Z1 W. 0 z PARCRT. R: That portion of Tract 67, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT the east 20 feet thereof deeded to King County by deed recorded under Recording Number 1207877; ALSO EXCEPT the north 350 feet thereof. PARCEL C. That portion of Government Lot 3, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT County Roads. PARCET. D. That portion of Tract 19, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 95, in King County, Washington, lying southwesterly of F. J. Folkdahl Road (43rd Avenue South), as condemned in King County Superior Court Cause No. 241626. Y : \WP\Dujardin \ccr.final.cmw.doc { — 26— z f— w JU . 00, moo: wi N w; c?' g a, • d. • ]z z �. 1:11-; • • w W;. - o z> • _ :. • City of Tukwila Steven M. Mullet, Mayor Department of Community Development NOTICE OF DECISION To: Dujardin Development, Owner Brent Carson, Agent for Owner John Kappler, Agent for Owner Ron Lamb Pamela Riess Lee Loyd Rand Koler King County Assessor, Accounting Division State Department of Ecology, SEPA Division Steve Lancaster, Director This letter serves a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approvals. PROJECT BACKGROUND FILE NUMBER: L99 -0018 Subdivision Final Plat ASSOCIATED FILES: L92 -0065 Planned Residential Development L92 -0066 SEPA Environmental Review L93 -0014 Subdivision Preliminary Plat PW96 -0151 Land Altering Permit APPLICANT: REQUEST: LOCATION: COMPREHENSIV E PLAN DESIGNATION/ ZONING DISTRICT: John Kappler, Kappler Architects City Council approval of the final plat for the Fosterview Estates Subdivision, acceptance of the CC &Rs and completion of the vacation of a portion of 43rd Avenue South. Between 42nd and 43`d Avenue South at S. 137th Street in Tukwila Low Density Residential 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Notice of Decision Page 2 This notice is to confirm the decisions reached by the Tukwila City Council on the Fosterview Estates project. The public hearings were held on April 17th, Council conducted deliberations on April 24th and at their May 1St meeting approved the final plat based on the findings and conclusions in the staff report dated April 4, 2000. They relieved the applicant of the SEPA requirement to build a bioswale on site based on testimony that equivalent water quality treatment has been provided by wet vaults. They also approved the CC &Rs as required by the Planned Residential Development and finalized the vacation of a portion of 43`d Avenue South. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development; 6300 Southcenter Boulevard; Suite 100; Tukwila, WA; from Monday through Friday, between 8:30 AM and 5:00 PM. The project planner is Nora Gierloff who may be contacted at (206) 431- 3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes notwithstanding any program of revaluation. Final Plat decisions are not administratively appealable. Appeals are to Superior Court per RCW 36.70C (18.104.010(F) and 18.108.050(D)) within 21 days of the Council ACTION, May 1, 2000. Appeal materials shall contain: 1. The name of the appealing party, 2. The address and phone number of the appealing party, and if the appealing party is a corporation, association, or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf, and 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. The public notice sign must be removed from the site by the applicant after the appeal period has expired, unless an appeal is filed. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet City Council • FROM: Steve Lancaster, DCD Director RE: Fosterview Estates Final Plat L99 -0018 DATE: April 26, 2000 At the Committee of the Whole meeting on April 24; 2000 the Council deliberated on the evidence and testimony presented at the April 17th public hearing. The record shows that: • The City mailed and posted the Notice of Application for the Final Plat on April 21, 1999; • The City held two properly advertised public information meetings for the Final Plat on May 5, 1999 and March 14, 2000; • The City mailed and posted the Notice of Public Hearing for the Final Plat on April 3 2000; and' • The Tukwila City Council held a public hearing for the Final Plat on April 17, 2000 and heard testimony from the applicant and the citizens of Tukwila. The consensus of the COW was to support the findings, conclusions and recommendation contained in the staff report for the project dated April 4, 2000. They requested that Staff return at the May 1st Council meeting with approval language for final action on the development. Draft Motion: I move that the Fosterview Estates Final Plat, case L99 -0018, be approved as presented based on the findings and conclusions contained in the staff report dated April 4, 2000. I concur with Staff's recommendation that the applicant be relieved of the requirement to build a bioswale on site. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • a.. w • • J U *00. .(o w a' .I- • Z ~•r I— OY lD - O ' I—`, • • w w` V •u_�; • O; • .z' ,O t City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet City Council FROM: Steve Lancaster, DCD Director RE: Fosterview Estates Planned Residential Development L92 -0065 DATE: April 26, 2000 At the Committee of the Whole meeting on April 24, 2000 the Council deliberated on the evidence and testimony presented at the April 17th public hearing. The record shows that: • The City mailed and posted the Notice of Public Hearing for the approval of the CC &Rs on April 3, 2000; and • The Tukwila City Council held a public hearing for the CC &Rs on April 17, 2000 and heard testimony from Staff, the applicant and the citizens of Tukwila. The consensus of the COW was to support the findings, conclusions and recommendation contained in the staff report for'the project dated April 4, 2000. They requested that Staff return at the May 1st Council meeting with approval language for final action on the development. Draft Motion: I move that the CC &Rs for the Fosterview 'Estates Planned Residential Development be approved as presented based on the findings and conclusions contained in the staff report dated April 4, 2000. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO THE TUKWILA CITY COUNCIL HEARING DATE: STAFF CONTACT: NOTIFICATION: FILE NUMBER: ASSOCIATED FILES: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: RECOMMENDATION: ATTACHMENTS: Prepared April 4, 2000 April 17, 2000 Nora Gierloff, Associate Planner Public Information meeting held March 14, 2000 Notice of Public Hearing mailed to surrounding properties and posted on site on April 3, 2000 L92 -0065 Planned Residential Development L99 -0018 Subdivision Final Plat L92 -0066 SEPA Environmental Review L93 -0014 Subdivision Preliminary Plat PW96 -0151 Land Altering Permit John Kappler, Kappler Architects City Council approval of the Codes, Covenants and Restrictions for the Fosterview Estates Planned Residential Development. Between 421th and 43`d Avenue South at S. 137Th Street in Tukwila Low Density Residential Low Density Residential Approval A. Final CC &Rs 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff Report to the City Counci► Fosterv►.;w Estates L92 -0065 FINDINGS BACKGROUND The Fosterview Estates project started with a SEPA application in October of 1991, followed by a Planned Residential Development application in August of 1992 and a Preliminary Plat application in March of 1993. A Mitigated Determination of Non - Significance was issued in July 1993, amended in August 1993, and upheld on appeal to the City Council in November 1993. The City Council approved the PRD and Preliminary Plat in December 1993, but sent the project back to the Planning Commission/BAR for consideration of PRD screening requirements. On April 25, 1994 the Council clarified the conditions of approval, reapproved the Plat and granted final PRD approval. No appeal was filed for either decision. Dujardin submitted an application for Final Plat approval in March 1999 which was declared complete on April 6`". In June of 1999 Dujardin's attorney requested that the required public hearing on the Final Plat application be delayed pending resolution of several outstanding LAO permit issues. On February 10`'`, 2000 with the LAO permit nearing final approval the applicant submitted revised final plat documents and requested a public hearing be scheduled. DECISION CRITERIA The Planned Residential Development chapter of Tukwila's Municipal Code section 18.46.115 requires that: The restrictive covenants intended to be used by the applicant in a planned residential development (PRD), which purports to restrict the use of land or the location or character of buildings or other structures thereon, must be approved by the City Council and the City Attorney before the issuance of any building permit. Therefore the CC &Rs prepared by the applicant's attorney are being presented to the Council for approval, see Attachment A. All common areas including the sensitive areas tracts will be owned and maintained by the homeowner's association and no clearing, building or dumping will be allowed within these areas, see Attachment A page 17. No owner may construct additional impervious surfaces without approval by the City of Tukwila and geotechnical evaluation, see Attachment A page 10. CONCLUSIONS Staff and the City Attorney have reviewed the CC &Rs and find that they contain standard provisions for the establishment of a homeowner's association, prohibition of nuisance uses, protection and maintenance of the common areas, and aesthetic control over the built environment. They have been reviewed and approved as to form and content by the City Attorney. Page 2 z = Z ■ JU 6 0 0 CO 0 W = j— N Li- u 0. J; u- N c� _. z�. I— 0 Z I- 2 U in 0 F- 2 U: ui z. z Staff Report to the City Council RECOMMENDATION Fostery 1 2v Estates L92 -0065 Staff supports the applicant's request for approval of the CC &Rs by the City Council per the requirements of TMC 18.46.115. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO THE TUKWILA CITY COUNCIL HEARING DATE: STAFF CONTACT: NOTIFICATION: FILE NUMBER: ASSOCIATED FILES: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: RECOMMENDATION: ATTACHMENTS: Prepared April 4, 2000 April 17, 2000 Nora Gierloff, Associate Planner Notice of Application mailed to surrounding properties and posted on site on April 21, 1999 Public Information Meeting held May 5, 1999 Second Public Information meeting held March 14, 2000 Notice of Public Hearing mailed to surrounding properties and posted on site on April 3, 2000 L99 -0018 Subdivision Final Plat L92 -0065 Planned Residential Development L92 -0066 SEPA Environmental Review L93 -0014 Subdivision Preliminary Plat PW96 -0151 Land Altering Permit John Kappler, Kappler Architects City Council approval of the final plat for the Fosterview Estates Subdivision. Between 42nd and 43rd Avenue South at S. 137th Street in Tukwila Low Density Residential Low Density Residential Approval A. Applicant's Final Plat Binder Exhibit A Final Plat Map 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff Report to the City CouncitTh , Fosterv,. w Estates L99 -0018 Exhibit B Final CC &Rs Exhibit C Preliminary Plat Compliance Narrative Exhibit D Preliminary Plat and SEPA Condition Narrative Exhibit E Set of Drawings Documenting Conformance Exhibit F Request for Modification of SEPA Bioswale Condition Exhibit G Set of Drawings Comparing Preliminary Plat to As- built Conditions B. Drawings of Retaining Wall along 137' Street C. Plat Density Calculation D. 12/10/1999 Memo Analyzing LAO Permit Compliance E. 1/28/2000 Slope Stability Analysis by Terra Associates F. Citizen Comments - 2 Page 2 Staff Report to the City Council FINDINGS BACKGROUND Foster% tow Estates L99 -0018 z The Fosterview Estates project started with a SEPA application in October of 1991, followed by z 1— z a Planned Residential Development application in August of 1992 and a Preliminary Plat w application in March of 1993. A Mitigated Determination of Non - Significance was issued in July 1993, amended in August 1993, and upheld on appeal to the City Council in November 0 co 0 0 1993. The City Council approved the PRD and Preliminary Plat in December 1993, but sent the co w project back to the Planning Commission/BAR for consideration of PRD screening requirements. E- On April 25, 1994 the Council clarified the conditions of approval, reapproved the Plat and ' u p granted final PRD approval. No appeal was filed for either decision. 2 Dujardin applied for a land altering permit to construct the required plat improvements in May u) g 1995, and the permit was issued in July 1996. Dujardin submitted an application for Final Plat I w approval in March 1999 which was declared complete on April 6 '. The Tukwila Subdivision z IT. code (TMC 17.14.030 B) specifies that a final plat be processed as a Type 5 decision, which z 0. requires a public meeting and a public hearing. A public information meeting for the Final Plat w w. was held on May 5, 1999, no members of the public attended. In June of 1999 Dujardin's cm=i o`. attorney requested that the required public hearing on the Final Plat application be delayed ;o co pending resolution of several outstanding LAO permit issues. w = w I- U On February 10 '', 2000 with the LAO permit nearing final approval the applicant submitted L- 0 revised final plat documents and requested a public hearing be scheduled. A second public b z information meeting was held on March 14 "', 2000 and four neighbors attended. The LAO c) _; permit was finaled on April 5,2000. The conditions of approval of the LAO permit are listed at 1:-. ~ Attachment D. DECISION CRITERIA The central standard for final plat approval is whether the subdivision conforms to all terms of the preliminary plat approval and all laws and regulations in effect at the time of that approval. No new conditions may be imposed during final plat review. Minor variations between the conceptual preliminary plat drawings and the final constructed plat are to be expected due to unanticipated field conditions discovered during design development and construction and are permitted under the State Subdivision Code as long as the final plat is in general conformance with the approved preliminary plat. In the following discussion the final plat review criteria from Tukwila's Subdivision Ordinance are shown in bold, followed by staffs comments. For the applicant's response see the cover letter to Attachment A. 17.14.030(C) Criteria for Final Plat Approval: In approving a final plat, the City Council shall find: Page 3 Staff Report to the City Council Fostery iew Estates L99 -0018 (1) That the proposed final plat bears the required certificates and statements of approval. The plat documents are in the correct format per Tukwila's Subdivision Code and the King County recording requirements. (2) That a title insurance report furnished by the subdivider confirms the tide of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. The title report confirms that the owner is Dujardin Development Company and the plat certificate is signed by David Allegre, agent of Dujardin. (3) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. The Land Altering permit, PW96 -0151, has been finaled by the Public Works Department certifying that the grading and infrastructure requirements have been met. The following bonds have been proposed: 1 2 3 4 5 6 Description Amount Length Performance bond for project phasing to protect on and off -site properties - Council preliminary plat condition 4. $50,000 Building permit issuance to 2 years after last permit is finaled for each phase Assure that Phase I plantings exhibit vigorous growth both at the time of planting and throughout the period of guarantee - Council preliminary plat condition 10. (Assumed to include site landscaping and tree replacement) $7,883 (20% of total plant and labor costs) 2 years (from final plat) — Submitted 2/3/2000 and accepted Wetlands mitigation maintenance and monitoring program and plant replacement contingency - Council preliminary plat condition 15. $12,775 (20% plant contingency and monitoring) 2 years (from final plat) — Submitted 3/2/2000 and accepted Remove embankment along the north side of 137th Street and replace it with approved retaining wall $45,339 (150% of cost) LAO final through wall construction — Submitted 1/31/2000 and accepted Performance bond for site monitoring and restoration per Jim Morrow's LAO memo of 12/10/1999 $1 50,000 LAO final through commencement of home construction — Submitted 2/3/2000 and accepted Construct approved bioswale $16,536 (150% of cost) LAO final through construction (if required by Council) — Submitted 11/16/1999 and accepted Page 4 Staff Report to the City Council 8 9 9A 9B 9C 9D 10 Fostery low Estates L99 -0018 Site steps along 44th Avenue (adjacent to lot 40) $11,307 (150% of cost) LAO final through construction — Submitted 11/16/1999 Final lift of paving on roads $48,226 (150% of cost) LAO final through construction — Submitted 11/16/1999 and accepted Installation of Phase II Landscape materials, 20% maintenance guarantee will be required at the time this bond is released. Plant cost and labor x 150% Final plat through installation — Submitted 2/3/2000 and accepted Phase II for Areas 1, 3 and 8 $68,677 (150% of cost) Phase II for Areas 2 and 5 $62,954 (150% of cost) Phase II for Areas 4, 6 and 9 $62,954 (150% of cost) Phase II for Area 7 $34,338 (150% of cost) Construction of three asphalt driveways serving lots 1 & 2, 31 & 32 and 33 & 34 $5,175 (150% of cost) LAO final through construction — Submitted 2/3/2000 and accepted Bond 1 This bond will be submitted in order to meet City Council preliminary plat condition number 4: The applicant shall prepare, and the Directors of the Departments of Community Development and Public Works and the City Attorney shall approve, a performance bond for project phasing prior to final plat approval. The purpose of the bond is to protect on and off -site properties from unforeseen circumstances related to the development. The performance bond shall last for a two-year period and commence from the completion date of each phase. The bond language has been prepared by the applicant and approved by the Directors. The bond itself will be required before the first building permit is issued. Bond 5 will assure that the site is protected in the interim between LAO approval and commencement of construction. Bond 2 This bond was submitted in order to meet City Council preliminary plat condition number 10b: The maximum achievable ground cover be achieved and that the plantings exhibit vigorous growth both at the time of planting and throughout the period of guarantee, which shall become a condition of the final plat approval. All plantings that would not be disturbed by house construction have been installed per the approved landscape plan, these are Phase I areas. They have been recently inspected and appear Staff Report to the City Council { Fosterview Estates L99 -0018 healthy at this point. They will be reinspected prior to release of the maintenance bond and any dead or dying plants will have to be replaced. Bond 3 This bond was submitted in order to meet City Council condition number 15b that requires a enhancement/restoration plan that includes a 2 year maintenance and monitoring program. The enhancement plan was approved prior to issuance of the LAO permit and has been fully installed. . Dujardin has contracted with Terra Associates, the firm that developed the enhancement plan, to provide maintenance and monitoring of the plantings. Bond 4 During construction it became apparent that the actual topography of the site was somewhat different from the permit drawings. Dujardin opted to make field changes to the site elevations, roadways and utilities based on actual site conditions without submitting revisions to the permit. One of these changes was the lowering of S. 137`1' Street and their decision to replace the retaining wall along the north side of the street with a sloped embankment. Utility lines which had been approved along the south side of the street were installed in this embankment. The original purpose of the retaining wall was twofold, both to absorb the grade difference between the watercourse and lots 36 through 41 and to limit roadway encroachment into the watercourse buffer. Dujardin has agreed to remove the embankment, install a small retaining wall and restore the watercourse buffer, see Attachment B. This work will take place during the drier months to limit the impact on the watercourse. Bond 5 As a condition of approval of the LAO permit the Public Works Director required a bond for site monitoring and restoration to cover the time period between LAO approval and submittal of Bond 1. This bond ensures that Dujardin will make weekly inspections of the site and correct any problems with the erosion control facilities, see Attachment D. Bond 6 The applicant has submitted a request to be relieved of the requirement to construct a bioswale, see Attachment A Exhibit F. The bioswale was originally required as a condition of the SEPA Mitigated Determination of Non - significance issued on August 23, 1993. • The text of the condition to be amended is: 1. Wet vaults in addition to a biofiltration swale shall be constructed. The bioswale assists in the removal of conventional pollutants while wet vaults provide for some filtering and settlement prior to discharge into the proposed drainage system. The biofiltration swale shall be located within the 43rd Avenue S. right -of -way. Shade - tolerant plant species shall be used Page 6 Staff Report to the City Council Fostery iew Estates L99 -0018 to ensure plant survival and function of the biofiltration swale. Wet vaults shall be easily accessible by maintenance vehicles and designed in accordance with the King County Surface Water Design Manual. Two reasons for deleting the bioswale were given in the request. The first is based on a peer review of the proposed drainage system performed for the City by Hammond, Collier & Wade- w Livingstone dated 6/28/1993 that states: 6 JU. We do not recommend relocation of a bioswale into the easterly, slide -prone areas of the co o site. While it may be technically possible for a bioswale to be constructed in this area, we J = have strong concerns for the long -term stability of the existing hillside, and we co u recommend keeping off this slope. (p.5). The report continues that they believe it will be difficult to sustain bioswale grass growth u �. because of lack of sunlight, the bioswale will have unacceptable long -term water quality = d performance, and "that other techniques such as wet vaults are more appropriate for this project." ~ _ If a bioswale was mandated they recommended that it be relocated to the S. 133`d Street right -of- 1- p way. Unfavorable opinions about the bioswale are also found in the Applied Geotechnology w L-. peer review report and a memo from the developer's geotechnical consultant Terra Associates. o' The developer has also provided a letter from Erich Tietze and Associates, their civil engineering o H consultant, stating that "the bioswale is not needed for water quality treatment since the wet vault = v: accomplishes this." o: z. Jim Morrow, the City of Tukwila Public Works Director, has reviewed these letters and reports v �' and agrees with their conclusions. In his opinion constructing the bioswale in the 43`1' Avenue O South right -of -way would pose an unacceptable risk of ground destabilization, not provide the Z anticipated water quality treatment, and an equivalent water quality effect has been achieved through the wet vaults. The City's SEPA Official, DCD Director Steve Lancaster, has also concluded that the bioswale requirement is no longer appropriate. However, since the City Council relied upon the SEPA conditions in its preliminary plat approval, this condition may only be lifted if the Council agrees with the Public Works and DCD Directors. For the applicant's discussion see Attachment A Exhibit F. Decision: Should the SEPA condition concerning the bioswale shown on the preliminary plat be lifted as recommended by the geotechnical engineers, the PW Director and the DCD Director? Bond 7 The applicant has submitted a bond for construction of site steps along 44 "' Avenue (adjacent to lot 40) because if installed now they would be undermined by house construction on the lot. Page 7 Staff Report to the City Council Fostery iew Estates L99 -0018 Bond 8 A bond has been submitted for the final lift of paving on the roads through the site because the equipment required for house construction would damage the road surface. Bond 9 A, B, C, D Landscaping adjacent to the house sites cannot be planted prior to house construction, so it has been deferred. These plants are called out as Phase II landscaping (see Attachment A, Exhibit E) and this bond is for 150 percent of the cost of the plant material and installation. Before this bond is released the plants will have to be inspected, and a maintenance bond for 20 percent of the cost of these plants and installation will have to be submitted. Bond 10 Construction of three common driveways has been bonded until the houses served have been built. Driveways serving only one house are not considered common improvements and so are deferred to individual building permits. (4) That the plat is certified as accurate by the land surveyor responsible for the plat. The surveyor, William Condrey from R.L. McDuffy & Associates, has signed and stamped the Land Surveyor's Certificate on the face of the plat to attest to its accuracy (see Attachment A, Exhibit A). (5) That the plat is in conformance with the approved preliminary plat. The standard for approval is "conformance" and conform is defined in Webster's II New Riverside University Dictionary as: 1. To be similar in form or character. 2. To act or be in compliance: Comply. The standard does not require an exact match between the preliminary and final plat as it is expected that minor changes or adjustments will be made during the engineering and construction phases due to site conditions. The applicant is required to demonstrate that all plat conditions have been met. City Council Preliminary Plat Approval Conditions See Attachment A Exhibit D for the Applicant's detailed discussion and the full text of the conditions. All lot references have been updated to current numbering. Page 8 z E'. w a:2 00 Uo vow W =: J I. W w. w O. ILQ co z a: E_w z �. zo; 2 o. iu H a z. --,_' 0 z Condition Evaluation 1 137th St to have 40' R -O -W, 30' paving, 5' easements on either side R -O -W and easements ok, utilities on north side of road adjacent to Tract B 2 43 P1 S paving and R -O -W widths to be 24', Improvements have been built per this Page 8 z E'. w a:2 00 Uo vow W =: J I. W w. w O. ILQ co z a: E_w z �. zo; 2 o. iu H a z. --,_' 0 z Staff Report to the City Council Fostery yew Estates L99 -0018 Page 9 10' utility easement on south side with sidewalk condition, enforced at LAO permit 3 15 foot rear yard buffer of native vegetation for through lots Condition applies to lots 21 through 27 and has been bonded as part of the Phase II landscaping 4 2 year performance bond for project phasing to protect on and off -site properties during development Bond language approved by City, $50,000 bond to be submitted prior to issuance of any building permit 5 Hold harmless language including relationships to future slope instability shall be prepared by the applicant and approved by the City Received, approved and included on the final plat and the CC &Rs, see Attachment A Exhibit B 6 Bonus density calculations shall be recalculated based on the street widths of the final PRD This was done, no adjustments to the plat were required, see Attachment C 7 50 foot minimum widths for perimeter lots: 1 -8, 13 -18, 24 -27, 31 -34 and 40 The lot widths meet this condition, as shown on the final plat drawing 8 Perimeter lots must have 20' front setbacks and side and rear setbacks to meet R -1 standards for yards that face the perimeter This condition to be enforced during building permit review 9 20' wide utility and access easement along 124' of the north property line shall be labeled on the plat Shown on plat, see Attachment A Exhibit A l0a Coniferous trees should be substituted for deciduous on lots 1 and 21 -23 This landscaping has either been planted, Phase I, or bonded, Phase II 10b Maximum ground cover must be achieved and plantings must exhibit vigorous growth at the time of planting and throughout the period of guarantee Phase I plantings are covered by a 2 year maintenance bond, before releasing the Phase II planting bond a new maintenance bond will be required 11 Add 6 trees on lots 2, 8, 13, 15, 16, 17 to meet coverage requirements These red sunset maples have been planted as part of the Phase I landscaping 12 5 foot high, black chain link fence must be built along the north property line and dense hedge planted on the neighboring property This has been done to the apparent satisfaction of the neighboring property owners 13 Street trees to be 8' -10' conifers and 2.5" caliper deciduous Landscape plan shows mix of trees at the required sizes 14 Provide additional trees per Exhibit 2 of the 4/24/94 Council Packet The landscape plan meets this requirement. These are the same trees referenced in Condition 11 15 Provide a wetland Mitigation/Enhancement Plan and report prior to LAO issuance This was provided and approved in 1996, implemented in 1999 and a bond for maintenance and monitoring has been submitted and accepted (see Bond 3). Page 9 Staff Report to the City Council Fosterview Estates L99 -0018 16 Any future subdivision identification sign will require approval by DCD No sign permit has been received by DCD 17 Street lighting design appropriate for residential area to be approved by DCD Street lights have been approved and installed 18 Discrepancy between landscape and grading plans relating to areas held in open space easements shall be corrected This was addressed during the LAO permit review. Trees were removed from open space areas during utility construction and replaced at a 2:1 ratio. 19 The Developer shall erect a 3 foot high split rail fence around Tracts A and B prior to grading This was installed per requirements 20 Final CCRs are to be submitted with Final Plat and contain a legal description of the open space easement areas These have been submitted, see Attachment A Exhibit B. The City Attorney has approved the language, the City Council must also approve it per TMC 18.46.115. As indicated for City Council preliminary plat condition 18 above, loss of significant tree cover from open space areas during installation of the utilities for the subdivision occurred. This contradiction of plat conditions was reviewed with the City Council Community Development and Parks Committee on October 8, 1996. The Committee approved the 2 to 1 replacement and these trees are shown on the landscape plan, see Attachment A Exhibit E. SEPA Conditions See Attachment A Exhibit D for the applicant's detailed discussion and the full text of the conditions. All lot references have been updated to current numbering. Page 10 Condition Evaluation Drainage 1 Construct wet vaults in addition to a bioswale to remove pollutants from site runoff There are slope stability issues with the bioswale, applicant has requested relief from this condition, see Attachment A Exhibit F. Three wet vaults have been built. 2 On -site runoff will discharge into the drainage system in the 43`d/44`h Avenue R -O- W, spreaders shall be omitted The drainage system approved and constructed under the LAO permit meets this condition. Traffic - Vehicular 1 Install a guardrail along 42 Av S, north of 137`x' Street This has been installed. Traffic - Pedestrian 1 The Developer shall pay half the cost for a pedestrian walkway along S 137th Street from 44"' Avenue to Macadam Road Dujardin gave the City a check for $30,000 on 6/12/96 Page 10 Staff Report to the City Council Fostervtew Estates L99 -0018 Slope Stability 1 Applicant to provide a slope stability analysis at LAO to demonstrate that proposed fills are stable. Terra Associates provided an analysis prior to the LAO permit issuance and an update addressing current conditions on 1/28/00, see Attachment E. This analysis and the Home Development Plan on page 4 of the final plat documents addresses the concerns raised in the LAO analysis memo, Attachment D. 2 Construction supervision and review of the final design and building specifications by a geotechnical engineer is required Much of the earthwork was not observed, therefore the City required that lots 1 -20 be regraded in accordance with geotech recommendations, see Attachment D for an evaluation of the LAO permit. Additionally individual geotech certifications will be required for each lot at the time of building permit as a condition of LAO permit approval, see the House Development Plan on the plat. 3 The developer's engineer shall prepare detailed cross sections for fill areas in accordance with the geotechnical recommendations indicating how the fill will be keyed, benched and drained Cross sections were provided prior to LAO issuance and subdrainage details were shown on the plans. Lots 1 -20 were reconstructed under geotech supervision, lots 21 -40 will be addressed during house construction per the LAO permit approval conditions and the House Development Plan. 4 The developer's engineer shall prepare detailed cross sections for subdrainage of fills placed on slopes Cross sections were provided prior to LAO issuance but not followed prior to 6/99. Subdrainage was installed on lots 1 -12 and 14 -18 under geotech supervision. No groundwater seepage was observed in test pits or during reconstruction. 5 The developer's engineer shall review the foundation details for houses and comment on the need for methods to reduce potential settlement The building permit submittals for the individual houses shall contain a letter stating that the geotech has reviewed and approved each foundation and site design 6 Construction monitoring with written confirmation by geotech that work was done in accordance with recommendations is required Terra Associates has confirmed that all earthwork was constructed per their recommendations, or corrected per their recommendations, or will be corrected during house construction per the House Development Plan. Continuous monitoring with daily reports will be required during house construction. 7 Proposed cuts and rockery along 42 Av S This condition was met through the permit Page 11 z a1 • �z ww 6 J0 00 cn• w. J • w. w 0• u_ a: d �w O' z 0 O N. W u.i �0 O • w z. O 'z Staff Report to the City Council Fosterview Estates L99 -0018 The City hired Hammond, Collier & Wade- Livingstone Associates to conduct a peer review of the drainage system for the Fosterview subdivision. In their memo of June 28, 1993 HCW -L recommended that the sitework and houses be constructed in phases to control erosion and siltation. These recommendations were adopted by reference in the SEPA determination and were to be adhered to unless otherwise agreed to and approved by the Departments of Public Works and Community Development. During the LAO approval process the Directors determined that the construction phasing requirements were not workable so they were not implemented with the permit. The house phasing requirements have been revised based on current geotechnical information and can be found on the fourth page of the plat as the "Home Development Plan." Modifications to the Plat The applicant's discussion of the minor changes that have been made to the project since the preliminary plat can be found at Attachment A Exhibit G. The most noticeable of these changes is the deletion of lot 3 and the redesign of lots 1 and 2 to incorporate its area. This change was made as a result of the difficulty of constructing an access road and turnaround that met the standards of the Fire Department. As it reduced the number of lots in the project and decreased the overall density the City Attorney determined that the change would not require City Council action. The elimination of one lot should reduce, and will not increase, mitigated impacts from this project. Page 12 Staff Report to the City Council Fosterview Estates L99 -0018 The house designs have also been revised since preliminary plat/PRD approval, see Attachment A Exhibit G. The house designs were reviewed as part of the PRD approval process and the DCD Director has determined that this change is a minor adjustment per TMC 18.46.130. Per the code, "minor adjustments are those which may affect the precise dimensions or siting of structures, but which do not affect the basic character or arrangement of structures approved in the final plan" and may be administratively approved. The new designs maintain the essential character of the neighborhood and are still multi -story with pitched roofs and two car garages. The changed house designs are an improvement over the originals due to the increased detail and interest of the facades. The site contours on which the applicant based the conceptual subdivision design were unreliable due to the density of vegetation on site. During construction of the common infrastructure under the LAO permit the discrepancy between site conditions and these contours became apparent. The applicant made field changes to the road and lot grades without submitting revisions to the LAO permit. The applicant's geotechnical engineer has certified the construction of the roads and the fill on lots 1 -20. Smaller amounts of non - structural fill will be removed from lots 21 -40 during the home construction process per the Home Development Plan. The Public Works Department has indicated their acceptance of this strategy by final approval of the LAO permit. The removal of trees within open space easement areas discussed previously (SEPA Slope Stability Condition 9) has affected the downslope perspectives presented as part of the PRD approval process. These perspectives were submitted to demonstrate that the project could meet the requirement for 25% landscape coverage of structures at the time of project completion and 40% coverage within 15 years, TMC 18.46.060 F. 1. The utilities that required the tree removal were shown on the plat drawings presented to the Planning Commission and City Council (Attachment A4 to the staff report dated 8/26/1993). As the utility locations were shown prior to approval and the plat could not be constructed without their installation the remedy of 2:1 replacement was determined to be adequate to satisfy the PRD requirements and no additional perspectives were required. (6) That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. This determination was made at the time of preliminary plat approval and the minor modifications that were made during construction do not affect its conformance. Washington State's Revised Code Chapter 58.17 Plats- Subdivision - Dedications, is reflected in the City's subdivision code and has been adhered to in the subdivision of the subject site in all respects including process and notification. Dujardin submitted a complete application for final plat approval within five years of the date of preliminary plat approval, April 25, 1994 as required by TMC 17.14.050: The subdivision shall expire unless a complete application for final plat approval is submitted within five (5) years from the date of preliminary plat approval. The City council may approve one extension not to exceed one (1) year. Page 13 Staff Report to the City Council Fosterview Estates L99 -0018 The term "submitted" refers to the action of the applicant in filing the final plat application and related documents with the City and this was done prior to the expiration of the time limit. The City Attorney has determined that Tukwila's code language satisfies the requirement given at RCW 58.17.140: A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. The City Attorney has also determined that the 12 month time limit for beginning construction of PRD improvements (TMC 18.46.140) is superceded by the subdivision time limits. The common infrastructure agreed to under the PRD and preliminary plat approvals required a land altering permit that could not be issued until the plans met the conditions of the preliminary plat approval. This review meant that the LAO permit was not issued within the 12 month limit, however the overall project did meet the subdivision time limits. CONCLUSIONS (1) That the proposed final plat bears the required certificates and statements of approval. This requirement has been met, see Attachment A Exhibit A. (2) That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. This requirement has been met. (3) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. The applicant has submitted bonds to cover all work that has not been completed to date and maintenance /monitoring bonds for landscaping. Decision: Should the SEPA condition concerning the bioswale shown on the preliminary plat be lifted as recommended by the geotechnical engineers, the PW Director and the DCD Director? Staff supports the applicant's request to be relieved of the requirement to build a bioswale. Equivalent water quality treatment has been achieved through the use of wet vaults and the risks of constructing a bioswale outweigh its added benefits. All other facilities have been either constructed or bonded to the City's satisfaction as indicated by the approval of the LAO permit and acceptance of bonds by the Public Works Department. Staff Report to the City Council Fosterview Estates L99 -0018 (4) That the plat is certified as accurate by the land surveyor responsible for the plat.. This requirement has been met as demonstrated by the surveyor's stamp and signature on the face of the plat document. (5) That the plat is in conformance with the approved preliminary plat. The City Council preliminary plat conditions and SEPA conditions have been met through the LAO permit process, final plat submittal and bonding, or will be addressed at the time of building permits for the individual houses, as appropriate. (6) That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. The plat was reviewed for conformance at the time of preliminary plat. The minor changes that have occurred in the interim do not affect its conformance with those laws and regulations. The plat has benefited from changes in state law regarding time limitations for subdivisions and meets the current five year standard. RECOMMENDATION Staff recommends that the plat be approved as presented including relief from the requirement to build a bioswale. D .JU1 .0 O' • N N w;. • :w Z; J l-:. CO IL: w 0. J • n F..w s • 0: • ZE- Or=Li .w W t—UC Z• w 0- .H H•. O ; .Z DECLARATION . =�,: OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT Q , . =1=; •,17 W TABLE OF CONTENTS `—r v UO: coo! ' (/) Ili: SECTION 1. DEFINITIONS 3 �1=— 1.1. Association 3 N LL 1.2. Association Action 3 W O. 1.3. Board 3 g 1.4. Building 3 u. 1.5. Common Areas 3 '� d 1.6. Declarant 4 HLa 1.7. Lot 4 ? H: 1.8. Owner 4 z 1-' O0 1.9. Plat Map 4 w W: 1.10. Member 4 :' 1.11. Property 5 ,v N. 1.12. Declaration 5 i0 -: w W: SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION • • • 5 : 2 2.1. Establishment 5 u- p 2.2. Voting 5 z lb 2.3. Proxies 5 ) �. SECTION 3. BYLAWS OF THE ASSOCIATION 6 Z 3.1. Adoption of Bylaws and Amendments 6 3.2. Initial Board of Directors 6 SECTION 4. PROPERTY USE RESTRICTIONS 6 4.1. Business and Commercial Use of Property Prohibited 6 4.2. Nuisance Prohibited 6 4.3. Signs 7 4.4. Overnight Parking Prohibited . . . . ▪ 7 4.5. Motor Vehicles =7 4.6. Nuisances; Hazardous Activities; Lighting ▪ 8 4.7. Animals 8 4.8. Trash Disposal 8 4.9. Unsightly Conditions 9 4.10. Antennas 9 4.11. Storage 9 4.12. Machinery and Equipment 9 4.13. Development Activities Exempted 9 - i - 13166AGR.JEH 2/9/00 WordPerfect Attachment A Submitted by Tietz and Associates 4/10/1996 DENSITY TRANSFER CALCULATION Gross Area = 432,759 SF plus 1,954 SF vacated now from City = 434,713 SF (9.98 Acres) Net Parcel Area = Gross Area - Area Dedicated to City - Property Line Adjustment Net Parcel Area = 434,713 SF - 4,193 SF - 8,961 SF -.825 SF = 420,734 SF (9.66 Ades) Right of Way in Net Parcel Area = 52,540 SF (1.21 Acres) Percent of ROW in Net Parcel Area = 52,540/420,734 = 12.5% Wetland and Water Course Sensitive Areas (SA) Plus Buffers = Tract A + Tract B Wetland and Water Course Sensitive Areas (SA) Plus Buffers = 77,027 SF + 28,267 SF = 105,294 SF (2.42 Acres) Buildable Area = Net Parcel Area - (SA + Buffers) = 9.66 Acres - 2.42 Acres = 7.24 Acres Net DU /Acre = [43,560 - (43,560 x % ROW in Net Parcel Area)]/7,200 Net DU /Acre = [43,560 - (43,560 x 0.125)]/7,200 = 5.29 DU/Acre Allowable Number of Lots = (Net DU /Acre)(Buildable Area) + (Net DU /Acre)(SA + Buffers)(% Transfer) % Transfer = 24% Allowable Number of Lots = (5.29)(7.24) + (5.29)(2.42)(0.24) = 41.3 Actual Number of Lots = 41 Attachment C z • i-zI 6 • � W J U; UO: 'CO W; W= CO u_ J: a H W, _. . c- 0 z I-- UCI • o . • tu • z!, ,0 . -z City of Tukwila INFORMATION PAPER Department: PUBLIC WORKS Date: April 12, 2000 Subject: 43 Place S Street Vacation = z' w BACKGROUND uS� JU 0 0: Nom. This vacation request involves a small portion of right of way in 43 Place South located south of ' N W LU S 133 Street between 42 Avenue and 43 Avenue. The existing right of way is unopened, 20 feet wide and extends northerly connecting to 43 Avenue. u w O. The petitioner for this vacation, Dujardin Development Company, owns the property abutting the 1' right of way to both the east and west. The subject right of way lies within the proposed Fosterview Estates development. = d. z �. o. w~ o o— ff. w Ulu 1 a_17-: —0 Z w U) 0. ACTION TAKEN 1. 11/29/93 2. 1/10/94 3. 1/24/94 4. 2/11/00 RECOMMENDATION: The Council passed a resolution setting a public hearing for the vacation of a portion of 43rd Place South on 1/10/1994. The Council held a public hearing. The council agreed to continue the public hearing till January 24, 1994. The Council approved the vacation in principle, deferring final acceptance of the vacation till final plat approval. Dujardin Development Company compensated the City of Tukwila $1,954.00 for the vacated portion of 43rd Place South. Approve the vacation of 43rd Place South within the plat of Fosterview Estates. Attachment (map) File: 3.40.43 z MEMORANDUM RECEIVED APR 21 2000 DEVELOPMENT To: City Council, City Administration, Department Directors CC: Jane Cantu, C?vlC, City Clerk From: b Baker, CMC, Deputy Clerk Date: 04/20/00 Re: Fosterview Exhibits As you will recall, several exhibits were entered into the record during the public hearing on Monday, April 17, 2000. The issue at hand - Fosterview Estates Final Plat Approval. Attached are copies of those exhibits for your review. Only one exhibit, (K) was not copied and attached. It is a notebook which contains 16 pieces of correspondence as gathered by Brent Carson, Buck & Gordon LLP, and asserted to be "already part of the city's files on Dujardin's applications for the ..." development. Due to its size, the exhibit was not copied and is maintained in this office should you decide to review it. Below is a listing of the exhibits attached to this memorandum: Exhibit G pictures of the topographical mapping tool shown -1, 2 and 3 of 3 Exhibit H artists' renderings of three, proposed home designs -1, 2 and 3 of 3 Exhibit I artists' rendering of homes - uphill Exhibit J artists' rendering of homes - downhill Exhibit K (discussed above) Exhibit L correspondence to Council from Koler & Fitzsimmons dated 04 /17/00 Exhibit M correspondence to City from Shannon & Wilson, Inc. dated 06/09/99 Should you have questions, please contact this office. Exhibits := City: Council Regular Meeting - April 17, 2000 t, Fosterview Estates Final Plat Approval 1 W• ' 00. V) 0. Wi J • IL uJ 0. LL Q. 1 Z� I-0; Z F-: W n U0 O co 0 I- = U. u- E•Z. l co O z KOLLR & FITZSIMiMONS, P.S. LAw OFFICES THE BRODERICK BUILDING • PIiNiiIOUSE SUITE 615 SECOND AVENUE • SEATTLE. WASHINGTON 98 104-2203 I'IIONE (206) 621 -6440 • FAX (206) 587-0226 RAND L. Kou i RAND a`.RFWLAW.COMM April 17, 2000 Tukwila City Council City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, Washington 9S1 SS Subject: Fostcrvuew Estates; Final Plat Approval. Dear Council Members: We urge the City Council, on behalf of Ron and Nancy Lamb, to deny the pending application for final plat approval. This developer asks in effect for the Council's permission to sell lots after it has disregarded the City's the conditions on preliminary plat approval. •This permission is sought in spite of the fact that the unfulfilled conditions were intended to protect the public health and safety with respect to a steeply sloped area identified, and recognized,.as a landslide hazard area. The slope here is not just hazardously steep but there is fill material on it, exacerbating its slide potential. The Council is precluded by law from recklessly disregarding the conditions on preliminary approval. The record identifies numerous instances in which the City's conditions on preliminary approval were disregarded. Ten months ago the City received the report of its consulting engineering firm, Shannon & Wilson. Its report, dated June 9, 1999, states that in direct contraction to the conditions of approval which required Terra Consultants to be on site at least once a day, Terra did not even observe most of the construction and saw none of the site grading. it is hard to imagine a more negative peer evaluation. Shannon and Wilson • observed evidence of actual slide activity apparently occurring since preliminary approval. . The report questions the conclusions of Terra and mentions several serious deviations from the approved plans, noting that these chances were done without prior review or authorization. The Land Altering Permit Review, dated December 10, 1999. lists 17 serious deficiencies with the applicant's work and contains recommendations both from the City and the applicant about what might be done at a later date to solve the problems. (This list does not include the unauthorized changes to the preliminary plat.) There is no evaluation of the EXHI5IT� Tukwilla City Council April 17. 2000 • { Page 2 alternatives suggested. Apparently Shannon & Wilson was not asked back after its 1999 report, even though it raised serious questions about the reliability of Terra's work and peer unequivocally stated that the development is not sale. By law the Council is required to determine whether the conditions on preliminary approval have been met. See Lejcune v, Clallam County, 64 Wash. App. 257 (1992). The Legislature has not given the Council the power to disregard the conditions on approval at the time of the hearing on final approval. The applicant is rather required to petition the Council to amend its preliminary approval prior to actually changing the development. There is no attempt whatsoever by the applicant to explain why prior Council approval was not sought. The suggestion that the City should gloss over the applicant's failure to complete public • safety requirements and post a S 150,000 bond is, to say the least, quite cynical and it puts the City in an untenable position. lithe work is not done, and since the applicant has failed to do it in six years there is some likelihood of this, then the City apparently calls the bond and completes the work itself. There are two problems here. The City does not have the right to undertake private development and, if it did so, it would have the liability of the developer. 11 may not even have the right to call the bonds. See Pacific County v. Sherwood Pac., Inc., 567 P.2d 642, 17 Wash. App. 790, review denied 89 Wash.2d 1013. We note that a facile solution is offered. It is proposed that the City merely record a covenant saying that it is immune from responsibility for its actions. Suffice it to say that there is no law .indicating that this dubious maneuver is effective. 'Vlore importantly even the effort would be an unconscionable attempt to exploit the City's citizenry, i.e. the neighbors • and future homeowners. Finally we note that the applicant's proposal that review be conducted on a lot by lot basis was specifically determined by Shannon & \Wilson to be inadequate. Very truly yours, KOLER & FITZSIMMONS, P.S. 1O Rand L. Koler z Z J U; UO; to 0; cow' w =: u_ uj •2 w a: a. Z H ,z ut U 0` i0 CO' w U! O; .°ui z' UN • "z Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director RE: Fosterview Estates Subdivision L99 -0018 Final Plat Application Dear Neighbor, Dujardin Development Company has filed application for final plat approval of a 40 lot subdivision located between 42m1 and 43`d Avenue South at South 137th Street in the City of Tukwila, known as Fosterview Estates. The City will be holding a public information meeting on March 14, 2000 at the Tukwila City Council Chambers, 6200 Southcenter Boulevard, from 6 to 8 p.m. This will be an informal opportunity to meet with the applicant and City staff to ask questions, review the project information and discuss the City Council decision criteria. Written comments may be submitted at this meeting. Opportunity for additional oral and written public comments will be provided at a public hearing before the City Council tentatively scheduled for April P. The hearing is open to the public and everyone interested in the project is invited to attend. When the date has been finalized additional notice will be provided by mailing to neighboring properties and posting the site. To be added to the mailing list call the project planner Nora Gierloff at (206) 431 -3670. If you have any questions or would like additional information on this project please call me at the City of Tukwila Planning Division, (206) 431 -3670. Sincerel Nora Gierloff Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 z aI- re ILI fig: oo CO 0 w= w • 0 2 gJ: u_ a. co z1._ 0 z �. 2 Di ,O N, ;o w W', 0: ui co. pm: 0 Original Message >From: Tukwila Department of Community Development >[ mailto :tukplan @ci.tukwila.wa.us] >Sent: Thursday, February 17, 2000 5:40 PM >To: ANelson ®BuckGordon.com >Subject: Fosterview Wetland Bonding >Hi Anna, >I left you a voice mail so here goes for the numbers I think are consistent >with other projects we have in Tukwila. I did not reach Jorge at ALI s0 >maybe you can check with him on Friday./ >1) 201 Contingency of $19,583.00 = $ 3,917 >2) Maintenance /Monitoring $ 3,000 + $ 1,600 = $ 4,600 Total $ 8,517 x 150% =1$12, >I'm sorry if this should have been made clearer awhile ago. Please call me >Monday if there is a question. 431 -3662 >Gary >Attachment Converted: \ \TUK2 \SYS \IIPLAN \EUDORA \FWFoster . • • BUCK & GORDON LLP 902 WATERFRONT PLACE • 1011 WESTERN AVENUE SEATTLE, WASHINGTON 98104 -1097 (206) 382 -9540 • FACSIMILE (206) 626-0675 ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK, P.S. PETER L. BUCK BRENT CARSON JAY P. DERR JOEL M. GORDON AMY L. KOSTERLITZ KEITH E. MOXON SAMUEL W. PLAUCHE ADRIENNE E. QUINN Ms. Nora Gierloff Associate Planner, City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 February 11, 2000 Re: Fosterview Estates - Final Plat Application L99-0018 ,,:.: Dear Ms. Gierloff: OF COUNSEL ALIZA C. ALLEN KITTERIDGE OLDHAM PROJECT MANAGERS BRADLEY J.S. LILJEQUIST, AICP ANNA MARIE NELSON COMMUNITY RELATIONS MARGARET E. POTTER We are pleased to be submit this response to your December 22, 1999 Corrections Notice on the Fosterview Estates final plat application. As you know, the final plat map and supporting documents were accepted by the City on March 11, 1999 and deemed complete on April 6, 1999. The enclosed documents provide you with the changes and additional information you have requested to present this final plat application to the City Council for its review and decision. Enclosed are sets of materials that include this letter and the following documents and exhibits: • Exhibit A Final Plat Map (4 sheets dated 2/7/00). • Exhibit B Updated Covenants, Conditions and Restrictions dated 2/9/00). • Exhibit C Narrative - Demonstration that the Final Plat is in Conformance with the Approved Preliminary Plat. • Exhibit D Narrative - Demonstration that the Final Plat is in Compliance with the Preliminary Plat and SEPA Conditions. • Exhibit E Conformance Set /Supporting Drawings (4 11" x 17" plan sets dated 2/2/00) Y: \W P \DUJAROIN \LNG020900.AMIN.UOC z G:. ..J0• 00: •O W , W, W O: W d O:. •z �— .U. 'A 'A:. . :owl ,w W' := 1 • • • • WZ 10 -: O .Z • Ms. Nora Gierloff - 2 - February 11, 2000 • Exhibit F Narrative - Request for Modification of SEPA BioSwale Condition • Exhibit G Illustrative Set - As -built and Home Plans for Comparison with PRD /Preliminary Plat Conceptual Plans (4 11" x 17" plan sets dated 2/2/00) Also, enclosed are four sets of the House Development Plan and Updated Safety Calculations certified by Terra Associates. These items supplement the geotechnical information previously submitted and are ready to be inserted into the Geotechnical 3 -ring binders. Updated table of contents for the Geotechnical binders have been included for ease of updating this information. The Tukwila Municipal Code (TMC) establishes six criteria for final plat approval. TMC 17.14.030(C). These are set forth below along with the applicant's response on its compliance with these criteria: 1. That the proposed final plat bears the required certificates and statement of approval. Response: The Final Plat contains all of the required certification and approval text blocks, including adding a fourth sheet for the house development plan and hold harmless language and responding to the other items and redlines referenced in your December 22, 1999 letter. The required certifications by the landowner and the surveyor have been fully executed. Additionally, the surveyor has verified that all landowners are shown on Sheet 1. Once you have determined that no additional corrections are necessary, we understand that the original mylar will be circulated to the various departments which must approve and sign the appropriate certificates before the city council hearing per TMC 17.14.030(B). 2. That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signatures appears on the plat certificate. Response: A title report was submitted with the final plat application on March 11, 1999 demonstrating that Dujardin Development is the landowner and is the party to sign the plat certificate as landowner. 3. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. Response: All facilities and improvements required have been completed except for certain items for which performance and maintenance bonds have been submitted in conformance with TMC 17.24.030. These bonded improvements are: • Site monitoring and restoration; construction of joint use driveways; retaining wall along S. 13 7th Street; final paving on roads; bioswale construction; side steps along 44th Avenue; Y: \W P \DUJARDIN \LNGO ?0900.4MN.DOc .- ... z �w re —J C.) UO N0: cnw w z . J w• O u< Na F=..w Z'. z�` 0. z UJ mo. O N� ci U.1 ut O. z ui z Ms. Nora Gierloff 3 February 11, 2000 Phase 1 landscaping maintenance; watercourse planting maintenance; and Phase 2 landscaping. Note: the applicant has requested that the City Council grant relief from the obligation to construct the bioswale improvement. The explanation of this request for relief is described below and further described in Exhibit D and F. 4. That the plat is certified as accurate by the land surveyor responsible for the plat. The Final Plat (ErhibitA) contains the stamp and signature of R. L. McDuffy & Associates, the land surveyor responsible for certifying the accuracy of the plat. 5. That the plat is in conformance with the approved preliminary plat. Conformance with the approved preliminary plat is demonstrated by a comparison between the preliminary plat layout and final plat layout and by examination of the applicant's compliance with each of the conditions set forth in the City's Mitigated Determination of Nonsignificance and the Preliminary Plat approval document. This is discussed in detail in attached Exhibits Cand D. 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. The conclusion that this plat met the state subdivision standards and the applicable laws was determined when the preliminary plat was approved. This determination was one of the fundamental decisions that were required to be made before the city council could issue its approval of the preliminary plat. Because the final plat is in conformance with the approved preliminary plat compliance with this condition is likewise demonstrated. For further explanation see ExhibitDand Exhibit Esubmitted in response to this criteria. As you know, there is only one modification to the conditions of preliminary plat approval that we are seeking City Council's approval. This one item concerns the SEPA condition for construction of a bioswale. Because of contradictory language in the SEPA conditions of approval and geotechnical concerns that indicate a bioswale should not be constructed, Dujardin is seeking to finalize the plat without the swale. Adequate storm water treatment is provided in substitution for the swale. Further explanation for this modification is presented in Exhibit F. Dujardin has submitted a bond to construct the swale in the event that the Council does not approve this modification request. Dujardin is not requesting relief from the other items listed in your December 22, 1999 letter (deletion of Lot 2, revised house designs, retaining wall and grade changes). Rather, Exhibits C and D demonstrate how these changes are in conformance and compliance with the approved preliminary plat. Y: \W P \DUJARDIN \LNG020900.A.1,N.DoC Ms. Nora Gierloff 4 - February 11, 2000 Additionally, we are coordinating with Mike Cusick, Public Works Department, on the process and payment of monies for completing authorization of the road vacation approved by the City Council on January 24, 1994. We appreciate your efforts on this project and look forward to our opportunity to discuss the Final Plat with the City Council. Very truly yours, BUCK & GORDON LLP Enclosures - as indicated above rent Carson cc: William Fowler, Dujardin Development John Kappler, Kappler Architects Anna Nelson, Buck & Gordon Via Hand Delivery Y: \WP \DUJARDIN \LN0020900.AM1 N.DOc Final Plat Application L99 -0018 Response to 12/22/99 Corrections Notice February 10, 2000 1 )t'.l \R1)1N Development • z • re W: • JU •U0 N 0' U) LL. iW 0: • LLQ: 0 • •H W. 2 zI—. F-O. z I-; O RI' ' 0 H = W'. 1,1; al' , z. 20000530001733 UAL U12-- .'ELDER DISTRICT 4 4313665 Recording Requested By and ( Q When Recorded Mail To: N4 14816 Military Rd S ` f Tukwila, WA 98168 Ors a cz 2 AL VIM O am 041 OF OIJNTY, A2 Document Title(s) (or transactions contained therein): ' 1. Easement Deed IN — 7.13/3° 2. . 3. 4/f+LD eT ` 4. s =-- Reference Number(s) of Documents assigned or released: (on page 2. , of document(s)) Grantor(s) (Last name first, then first name and initials) 1. Dujardin Development Company 2. 3. 4. 5. Additional names on page of document. Crantee(s) (Last name first, then first name and initials) 1, Val Vue Sewer District 3. 4, 5. Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portions of Government Lots 2 & 3, Sec 16, Township 23 North, Range 4 East Additional legal is on pages 4 & 5 of document. Assessors's Property Tax Parcel /Account Number 152304.9003 734060.1062 152304-9078 261320 -0151 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. Post -it' Fax Note 7671 Oau,11 Ii$/0k eea O. From b 4 h q ''Co. t%`q / V V f,. Phone; o2`IZ'3z36. Fax 2 ,f1'-ji:iv NO.249 001 z a 00 to C) Ww Lu g-5 • u_ ¢; ice: Z F. t= 8: Z — oF-, = W. rl- _ F-' — O: Z; U N. • ,z • 04/16/2002 15:26 UAL UU' `'EWER DISTRICT 4 4313665 A VAL VUE SEWER DISTRICT LU EASEMENT DEED y The Grantor, Dudexdin Development Company ., grants, conveys and warrants to the Grantee, VAL VUE SEWER DISTRICT. King County, Washington, a municipal corporation .of the State of Washington, a perpetual right -of -way easement For a sanitary sewer with necessary appurtenances ( "Sanitary Sewer ") under, through, across and over the following described real property situated in King County, Washington, more particularly described as follows: Easement $s shown and described in the following recorded documents for the Plat of Fosterview Estates: #20000605000736 Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates; #20000605000735 First Amendment to Declaration; 020000505000735 Fosterview Estates a lieplat. Grantee shall have the right, without prior institution of any suit or proceeding at law, and at such times as may be necessary, to enter upon the above- described property for the purpose of constructing, repairing, altering, reconstructing, maintaining and operating the Sanitary Sewer or making any connection thereto. Together with the right of ingress to and egress from said lands across adjacent lands of the Grantor. for the purposes of constructing, reconstructing, repairing, renewing, altering, changing patrolling and operating said lines, and the right at any time to remove said lines and appurtenances from said lands. The Grantor reserves the right to use the surface of the above - described easement in the manner now existing, but shall not erect any buildings, structures, patios, or other construction of any nature on said easement. This conveyance is conditioned upon the Grantee's obligation to replace any fences. lawns, shrubbery, or land contours that are disturbed in connection with the exercise of the Grantee's rights hereunder in as good condition as the same were immediately before the property was entered upon by the Grantee. the rights, title privileges and authority hereby granted shall continue to be in force until such time as the Grantee, its successors or assigns, shall permanently remove said lines and appurtenances from said lands, or shall otherwise permanently abandon said lines, at which time all such rights, title. privileges, and authority hereby granted shall terminate. The Grantor also covenants to and with the Grantee that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; DOCS1893631001101 x8692! O1 -21- NO.249 E02 z z w. • U0 (.0 o. to w �J�1 CO IL • w0 g Q; za I-w. O: zI- w U 0' 0 0i-- iw r-- U. OV f . 0 � o I; z., 04/18/2002 15: 26 • URL UUF "EWER DISTRICT 4 4313665 that same are free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the tide to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever, This conveyance shall be a covenant running with the land, and shall be binding on the Grantor, and its heirs, successors and assigns, forever. Dated this lettalay of May 000 t+ri 3atri A. Fowler,, vice Pr /dept STATE OF WASHINGTON ) ) ss COUNTY OF GALA cktkzA, ) 1 certify that I know or have satisfactory evidence that 1-Q1q1prisi 44421frsigned this instrument and acknowledged it to be _ lu'f . free and voluntary act for the uses and purposes mentioned in the instrument. Dated: g ,PER 4,4oNEl vow OVARY 1±. PUIWC SA 44003 TFOFwP, STATE OF WASHINGTO ) COUNTY OF 1 /1-41L. Notary • blic in and for the State of W Residing at: My appointment expires: ! �- a gton Y certify char 1 know or have satisfactory evidence that signed this inscniment and acknowledged it to be _ free and voluntary act for the uses and purposes mentioned in the instrument. Dated: DOCS189363100 001086921M M l Notary Public in and for the State of Washington Residing at: My appointment expires: - 22 - NO.249 D03 ▪ z w JU; 00' (0 c CD w w= CO LL' ui 0 g 5 • d �w z� z F- -. 2 1.1.1 =41 u. z I= I, 0 i... z .. 04/18/2002 Jr • UJ 15:26 UAL UUr -EWER DISTRICT 4 4313665 EXHIBIT A LEGAL DESCRIPTION pARC'FT A ; NO.249 D04 That portion of Government Lot 2, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest comer of said Government Lot; thence easterly along the north line thereof 586.69 feet; thence southerly parallel with the west line of said Government Lot a distance of 586.55 feet, more or less, to the north line of the south 691.50 feet of said Government Lot; thence westerly along said north tine 140.03 feet to the east line of the west 446.67 feet of said Government Lot; thence southerly along said east lane 7.50 feet to the north line of the south 684 feet of said Government Lot; thence westerly along said north line 143.34 feet to the northwest corner of a tract of land deeded to Ralph A. Olson and Reatha Olson by deed recorded under Recording Number 5089251; thence south along the west line of said deeded tract a distance of 20.00 feet to the north line oldie south 664.00 feet of said Government Lot; thence westerly along said north line 303.34 feet, more or less, to the west line of said Government Lot; thence northerly along said west line 606.50 feet, more or less, to the point of beginning; EXCEPT that portion thereof condemned for F.J. Folkendahl Road in King County Superior Court Cause Number 214626; AND EXCEPT those portions thereof deeded to King County for Charles E. Adams Road (42nd Avenue South) by deeds recorded under Recording Numbers 472354 and 5558464; (ALSO KNOWN AS Parcel B, City of Tukwila Boundary Line Adjustment No L92 -0064, as recorded under Recording Number 9408080706). 04/18/2002 15:26 UAL Ul "— SEIJER DISTRICT 4 4313665 Va.l PARC_RT. B. That portion of Tract 67, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT the east 20 feet thereof deeded to King County by deed recorded under Recording Number 1207877; ALSO EXCEPT the north 350 feet thereof. VI 0 Crt r That portion of Government Lot 3, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northeasterlY of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT County Roads. NO.249 105 pARfT T.n• That portion of Tract 19, Fostoria Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 95, in King County, Washington, lying southwesterly of F. 7. Folkdahl Road (43rd Avenue South), as condemned in King County Superior Court Cause No. 241626. � : -' z _�. 1- z re w -J C): UO W W. CO IL. J I- u- < co =a U.1, Z zo 0- ;w W; 1- U- LI Ili z REVISED LOT CLOSURES FOR FOSTERVIEW ESTATES NO. L93 -0014 SURVEYOR - R.L. MCDUFFY & ASSOC, INC. FILE NO. 96089 SUBDIVIDER - DUJARDIN DEVELOPMENT COMPANY. KING COUNTY, WA 1/26/00 REVISED LOT 1 North: 2268.3788 Line Course: S 89 -20 -56 E North: 2266.7967 Line Course: S 00 -39 -04 W North: 2223.6195 Line Course: S 71 -19 -08 E North: 2209.2252 Line' Course: S 76 -14 -54 E North: 2200.5058 Line Course: S 64 -00 -16 E North: 2172.8797 Line Course: S 19 -36 -34 W North: 2116.1147 Curve Length: 54.03 Delta: 7-58-37 RP North: 1803.6784 End North: 2145.0414 Line Course: N 61 -35 -28 W North: 2219.4932 Curve Length: 85.65 Delta: 12 -56 -24 RP North:2553.0807 End North: 2268.3700 Perimeter: 683.48 Error Closure: 0.0090 Error North: - 0.00881 Precision 1: 75,797.75 East: 394.1452 Length: 139.22 East: 533.3562 Length: 43.18 East: 532.8655 Length: 44.94 East: 575.4379 Length: 36.68 East: 611.0665 Length: 63.03 East: 667.7196 Length: 60.24 East: 647.4959 Radius: 388.10 Tangent: 27.06 East: 417.2673 East: 601.9100 Length: 156.49 East: 464.2654 Radius: 379.26 Tangent: 43.01 East: 644.7024 East: 394.1471 Area: 13,255 SF Course: S 12 -1 1 -36 E East: 0.00190 REVISED LOT 2 North: 2266.7967 Line Course: S 89 -20 -56 E North: 2265.0220 Line Course: S 17 -41 -05 E North: 2248.6920 Line Course: S 19 -36 -34 W North: 2172.8797 Line Course: N 64 -00 -16 W East: 533.3596 Length: 156.17 East: 689.5195 Length: 17.14 East: 694.7263 Length: 80.49 East: 667.7167 Length: 63.03 FVNEWCLO. DOC //96089/01 /26/2000 L18 L1 • North: 2200.5058 Line Course: N 76 -14 -54 W North: 2209.2252 Line Course: N 71 -19 -08 W North: 2223.6195 Line Course: N 00 -39 -04 E North: 2266.7967 Perimeter: 441.60 Error Closure: 0.0063 Error North: - 0.00000 Precision 1: 69,597.27 East: 611.0635 Length: 36.68 East: 575.4350 Length: 44.94 East: 532.8626 Length: 43.18 East: 533.3533 Area: 10,200 SF Course: S 89 -58 -25 W East: - 0.00635 REVISED LOT 28 • North: 1890.0403 Line Course: S 26 -59 -03 W North: 1864.9728 Line Course: S 04 -06 -06 W North: 1760.6207 Line Course: N 87 -48 -28 W North: 1762.1841 Line Course: N 03 -54 -29 E North: 1855.5465 Line Course: N 37 -26 -31 E North: 1900.7948 Curve Length: 22.82 Delta: 13 -28 -41 RP North: 1980.3243 End North: 1890.0416 Perimeter: 347.01 Error Closure: 0.0043 Error North: 0.00126 Precision 1: 81,197.46 East: 916.0860 Length: 28.13 East: 903.3221 Length: 104.62 East: 895.8390 Length: 40.87 East: 854.9989 Length: 93.58 East: 861.3769 Length: 56.99 East: 896.0244 Radius: 97.00 Tangent: 11.46 East: 951.5588 East: 916.0900 Area: 5,161 SF Course: N 72 -53 -08 E East: 0.00408 REVISED LOT 29 North: 1890.0403 Curve Length: 35.24 Delta: 20 -48-48 RP North: 1980.3230 End North: 1883.3290 Line Course: S 04 -06 -07 W North: 1758.8686 Line Course: N 87 -48 -28 W East: 916.0860 Radius: 97.00 Tangent: 17.81 East: 951.5547 East: 950.4802 Length: 124.78 East: 941.5545 Length: 45.75 FVNEWCLO.DOC //96089/01/76/2000 L18 6 U O' • w wi w z: u. Wes,. -J _ Cy; Z �. I-O` • . • .w w' :Dp • • i00 wW H Ui Luc, N� ; North: 1760.6187 Line Course: N 04 -06 -06 E North: 1864.9707 Line Course: N 26 -59 -03 E North: 1890.0382 Perimeter: 338.52 Error Closure: 0.0023 Error North: - 0.00209 Precision 1: 145,149.61 East: 895.8380 Length: 104.62 East: 903.3211 Length: 28.13 East: 916.0849 Area: 5,681 S.F. Course: S 26 -08 -14 W East: - 0.00103 FVNEWCLO.DOC /196089/01/26/2000 z ,-- z ! =U O W =' W O: Q; cy .z H- :U�.. ;O -4 = V( LLI Z' = 0E--! IPR iJ '9q 03 :54PM TUKWILA DCD %PW CITY OF TUKWILA 6300 Southcenter Boulevard, Tukwila, WA 98188 P.4 DEPARTMENT OF COMMUNITY DEVELOPMENT Telephone: (206) 4314670 AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGN(S) f r� =' 2 ( 1999 ti4..rr hrl ,�J�{ State of Washington County of King City of Tukwila 1 j y; //:4.,..4. w1 -es- (Print Name) understand that Section 18.104,110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. I certify that on /2 the Public Notice Board(s) in accordance with Sectiop 18.104.110 and other applicab a guidelines were posted on the property located at /7 rOD so as to be clearly seen from each right -of -way providing primary vehicular access to the property for application file number L. 9 47 _ oo / _. SUBSCRIBED AND SWORN to be ore me this „�,- day of Affiant (Applicant Signature) N ► PUBLIC in and for the State of Washington residing at U-4 My commission expires on---M• _ ` t03 Z � W` • o W = w o. • N = d w I— O, Z H: .w w • 2 o' U• • i0 N ,w w. I--U • 9—"' • 111 Z' co ,• Z RETURN ADDRESS Brent Carson BUCK & GORDON 902 WATERFRONT PLACE 1011 WESTERN AVENUE SEATTLE, WA 98104 20020314001964 CHICAGO TITLE pC 03/14/2062F14'32 KING COUNTY, WA II i II 1111 111! II 11 11 j111 11 II111 1 11 II I III 111 111 b 11111 I 1111 1111 II Ill 11 11 f1i1 11 11 11; II II 11 II1 1 111 01964 14 00 Il 11 11 II 1111 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 04) DOCUMENT TITLES) (or transactions contained therein) * �� q I-7) - _ L 2. SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: / N/A (I ■ Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and rmtrals) DUJARDIN DEVELOPMENT COMPANY, DECLARANT • Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) CHICAGO HILL iNSURAPYCE COMPANY has placed the document of record as a customer courtesy DUJARDIN DEVELOPMENT COMPANY alai accrpts no liabluty for Mt (lo ax t r vdlid�ry et • Additional names on page of document LEGAL DESCRIPTION (abbreviated i e , lot, block, plat or section, township, range) Portions of Government Lots 2 and 3, Section 15, Township 23 North, Range 4 East, W M , Portion of Tract 67, Riverside Interurban Tracts, Vol 10 of Plats, Page 74, and Portion of Tract 19, Fostona Garden Tracts, Vol 9 of Plats, Page 95, in King County, Washington, also known as The Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065 • Additional legal is on page of document ASSESSOR'S PROPERTY TAX PARCEL,/ACCOUNT NUMBER 43E8049N8),(3.52SCOMMzuuta3440611,14a6a See Attached ■ Assessor Tax # not yet assigned Y 1Wr \DUTARDINTOSTER2NDAMEN D JMG.DOC 1 z <z re 2 J U U 01 U) W I J �• CO LL. w O. u- a. _ a. _. z �. I— O z H. uj ;o D- I—' • W, - U LL O' iu z UN z SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Second Amendment to Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development (the "Second Amendment ") is made this t5 day of `Ntisties.A-k- , 2002 by Dujardin Development Company, a Washmgton corporation ( "Declarant ") CHICAGO TITLE INSURANCE COMPANY has placed the document of record as a customer courtesy and RECITALS AND DECLARATION the accepts no vab for the ac6uraCy br validity dit of �,. A Declarant is the developer of the real property and improvements thereon legally described in Exhibit A (the "Property "), commonly known as the Plat of Fosterview Estates The cn Property is comprised of all the real property shown on maps recorded with the King County © under Recording No 20000505000735, Volume 194, Pages 062 -065 B Declarant previously recorded that certain Declaration of Protective Covenants, c Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development (the "Declaration ") under King County Recording No 20000505000736 The CNI Declaration was previously amended by a First Amendment to the Declaration (the "First ,-• Amendment") recorded under King County Recording No 20000505000737 C As the Development Penod (as defined in the Declaration) has not terminated, Declarant under the provisions of the Declaration as previously amended, has the authonty to amend and wishes to further amend the provisions of the Declaration as provided herein NOW, THEREFORE, Declarant hereby amends the Declaration as follows 1. Maintenance Resnonsibilities. The Fosterview Estates Homeowners Association. Section 5 1 of the Declaration is hereby deleted in its entirely and replaced with the following 2 Y \WP DUJARDJNWOSTER2NDAMEN D JMODOC =Z ~ w: re 2 00 to o cnw. J H �< -0. =w zF o- Z 1— LIJ 'O �, = U; wZ U 0 I- z 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable The responsibilities of the Association shall include, but are not limited to, the following and 5 1 1 The cleaning and maintenance of the water courses on Tracts A and B; 5.12 The maintenance, repair and replacement of the fences around and across Tracts A and B, and 5 13 The maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, and 5 14 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along the north boundanes of Lots 1 and 2, and 5 1 5 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along south boundary of Tract B and South 137th Street, and 5 1 6. The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along north boundary of Lots 13 and 14 and the Private Drainage & Pedestrian and Public Utility Easement as shown on the Plat Map, and 5 1 7. The maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance that it determines to be m the best interest of the Owners 2. Maintenance Responsibilities - Retaining Walls. A new subsection 5 2 5 is added to Section 5 2 of the Declaration as follows 5.2.5. Retaining Walls. The Owners of any lot on which all or part of a retaining wall is located (except those walls specifically referenced in Sections 5 1 5, 5 16 and 5 1.7 above) shall be responsible for the maintenance, repair and replacement of any portion of a retaimng wall (and its associated drainage improvements) which is located on their lot (collectively "Wall Maintenance ") In the event a retaining wall is located along a common property line between adjacent lots, the down slope lot Owner shall be solely responsible for Wall Maintenance of said wall The Owner responsible for Wall Maintenance under the provisions of this paragraph (the "Responsible Owner") is hereby granted an easement over and across the adjacent lot to perform such activities as are reasonably necessary for required Wall Y \wp'DUJARDIIl\COSTER2NDAMEN D IMO DOC 3 Maintenance, provided the Responsible Owner shall fully restore to substantially its original condition any area of the adjacent lot (including, without limitation, any improvements or landscaping) as is disturbed or damaged through the exercise of rights under this easement 3. Ratification. Except as expressly amended by this Second Amendment, all of the terms, covenants, conditions and easements set forth m the Declaration as previously amended by the First Amendment shall continue in full force and effect and are hereby ratified by the Declarant DECLARANT: DUJARD 1► ! VELOPMENT COMPANY (Printed Name) Its , is,, cle07— CI IICAGO TITLE INSURANCE COMPANY has placed the document of record es a customer courtesy and accepts no liability for the accuracy or archly of the document. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me IUvO We s, to me known to be the 1?t,Z65 %OE; rct of Dujardun Development Company, the corporation who executed the within and foregoing instrument, and acknowledged the said mstrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument �y, GIVEN under my hand and official seal this 13 day of / 2? GL4 , 2002 Y 1 WPIDWARDA11FOS ERUNDAMEN WMG DOC ture) }} 1.t Vri% ?o-n- ) ts0 i? (Pnnt Name) Notary Public in and for the State of Washington, residmg at Sit uG My commission expires 3 -15- -0 3 4 z I- i-z 1Y 2 o co ' .mow: W wO u. < =d: I- w 2 Z� I- O w~ ju 1 0 1-: = V, — w z z EXHIBIT A LEGAL DESCRIPTION Plat of Fosterview Estates, recorded under King County Recording No 20000505000735, Volume 194, Pages 062 -065, records of King County, Washington. 5 Y \WFIDUJARDIMFOSCER2NDAMEN D 3M0 DOC CHICACO TITLE INSURANCE COMPANY ha paced the document of record ds a customer courtesy and accepts no liability for the accuracy or va:dny of the document. a • Z!. i--.w; 6 U 0, CO CO CY• W; W Z! N W� J;. . :z •• F-O D o, • 8th;. w W: . 151. Z•, 10 17 ASSESSOR'S PROPERTY TAX ACCOUNT NUMBERS Plat of Fosterview Estates Lots 1 through 40 261200- 0010 - 4 261200 - 0020 - 02 261200- 0030 - 00 261200- 0040 - 080 261200- 0050 - 05 261200- 0060 - 03 261200- 0070 - 01 261200- 0080 - 09 261200- 0090 07 261200- 0100 05 261200- 0110 03 261200- 0120 - 01 261200- 0130 - 09 261200- 0140 - 07 261200 - 0150 - 04 261200 - 0160 - 02 261200- 0170 - 00 261200- 0180 - 080 261200- 0190 - 06 261200- 0200 - 04 261200 - 0210 - 02 261200 - 0220 - 00 261200 - 0230 - 08 261200 - 0240 - 06 261200 - 0250 - 03 261200 - 0260 - 01 261200 - 0270 - 09 261200 - 0280 - 07 261200 - 0290 - 05 261200 - 0300 - 03 261200 - 0310 - 01 261200 - 0320 - 04 261200 - 0330 - 07 261200 - 0340 - 05 261200 - 0350 - 02 261200 - 0360 - 00 261200 - 0370 - 08 261200 - 0380 - 06 261200 - 0390 - 04 261200 - 0400 - 02 CHICAGO TITLE INSURANCE COMPANY has pI; crd the document of recQcd ac o customer courtesy and dcrspis no liability for tho accuracy or validity of the dct atnlfit, z • mow, • • Jo .o O cf.) ,tow w =; W O� IL ?': 17 w z U cf; • • off' ;o ul 1- wz: , ~O f" z RETURN ADDRESS: John E. Hanson Hanson Baker Ludlow Drumheller P.S. 10777 Main Street, Suite 300 Bellevue, Washington 98004 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): Declaration of Protective Covenants, Restrictions, Easements and Reservations for Fosterview Estates REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: NONE ❑ Additional reference #s on page _ of document(s) I GRANTOR(S) (Last name first, then first name and initials) 1 Dujardin Development Company, Declarant • Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) County of King • Additional names on page — of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) ❑ Additional legal is on page _ of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER • Assessor Tax # not yet assigned 13166AGR.JEH 2/9/00 WordPerfect - 1 — EXHIBIT B z 00 00. wI CO u- w0 co -J = d. F- _. Z Z OF—' CI O vii All W'. at O, Cii co, 0 z DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT TABLE OF CONTENTS SECTION 1. DEFINITIONS 3 1.1. Association 3 1.2. Association Action 3 1.3. Board 3 1.4. Building 3 1.5. Common Areas 3 1.6. Declarant 4 1.7. Lot 4 1.8. Owner 4 1.9. Plat Map 4 1.10. Member 4 1.11. Property 5 1.12. Declaration 5 SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION . . 5 2.1. Establishment 5 2.2. Voting 5 2.3. Proxies 5 SECTION 3. BYLAWS OF THE ASSOCIATION 6 3.1. Adoption of Bylaws and Amendments 6 3.2. Initial Board of Directors 6 SECTION 4. PROPERTY USE RESTRICTIONS 6 4.1. Business and Commercial Use of Property Prohibited 6 4.2. Nuisance Prohibited 6 4.3. Signs 7 4.4. Overnight Parking Prohibited 7 4.5. Motor Vehicles :7 4.6. Nuisances; Hazardous Activities; Lighting . 8 4.7. Animals 8 4.8. Trash Disposal 8 4.9. Unsightly Conditions 9 4.10. Antennas 9 4.11. Storage 9 4.12. Machinery and Equipment 9 4.13. Development Activities Exempted . . 9 13166AGR.JEH 2/9/00 WordPerfect - i - 4.14. Limitations on Common Area Development 9 4.15. Limitations on Additional Impervious Surfaces 10 4.16. Open Space Easement 10 SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES . 10 5.1. Association Responsibilities 10 5.2. Owners' Responsibilities 10 5.2.1. General 10 5.2.2. Specific Responsibilities for Owners of Lots 1 and 2 11 5.2.3. Special Responsibilities for Owners of Lots 31 and 32 11 5.2.4. Special Responsibilities for Owners of Lots 33 and 34 11 SECTION 6. MAINTENANCE ASSESSMENTS 12 6.1. Creation of Lien and Personal Obligation of Assessment 12 6.2. Purpose of Assessments 12 6.3. Initial Assessment; Annual Assessments 12 6.4. Estimated Assessments 13 6.5. Payment of Owners 14 6.6. Limitation on Use 14 6.7. Record of Assessments 14 6.8. Special Assessments 14 6.9. Uniform Rate of Assessment . . . . . . 14 6.10. Default in Payment of Assessment -- Remedies 14 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs 15 6.12. Homestead Waiver 15 6.13. Curing of Default 16 6.14. Continuing Liability for Assessments . 16 6.15. Subordination of the Lien to Mortgages 16 SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 16 7.1. Owners' Easement of Enjoyment in and to the Common 16 7.2. Delegation of Use 18 7.3. Title to Common Areas 18 SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS 18 8.1. Control 18 8.2. Costs 18 SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE 18 ASSOCIATION SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 19 13166AGR.JEH 2/9/00 WordPerfect 10.1. Establishment 19 10.2. ACC 19 10.3. Criteria 20 10.4. Exterior Finish 20 10.5. No Liability 21 10.6. Building and Construction Restrictions 21 z 10.6.1. Single Family Residence . 21 sZ 10.6.2. Exterior Walls 21 ,- W 10.6.3. Exterior Colors 21 ce 2; 10.6.4. Fences 21 6 v, 10.6.5. Other Structures 22 00' 10.6.6. Prefabricated Buildings . 22 CO w. 10.6.7. Lighting 22 iii _; 10.6.8. Temporary Occupancy and co u_; Temporary Buildings 22 w 0 10.6.9. Storage Sheds and Outside 2 Storage 22 g ¢' 10.6.10. Landscaping 22 `� 10.6.11. Topography 22 = w 10.6.12. New Construction 23 I- _ 10.6.13. Utility Service . . . . 23 Zf-; H O: 10.6.14. Contractor 23 ZF-: 10.6.15. Effect of ACC Approval • • . 23 g �' 10.6.16. Commencement of Construction 23 m o, 10.6.17. Completion of Construction . . 23 1O-- of.., SECTION 11. INDEMNIFICATION OF CITY OF TUKWILA . . . . . . 24 i V • Z U co; H �; !z SECTION 12. DEVELOPMENT PERIOD; DECLARANT'S RIGHTS DURING DEVELOPMENT PERIOD 24 12.1. Development Period 24 12.2. Notice of Termination of Development Period 24 12.3. Authority of Declarant During Development Period 25 SECTION 13. ENFORCEMENT 25 13.1. Enforcement 25 13.2. Remedies 25 13.3. Waiver 25 13.4. Costs and Attorney Fees 26 13166AGR.JEH 2/9/00 WordPerfect DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, A PLANNED RESIDENTIAL DEVELOPMENT This Declaration of Protective Covenants, Restrictions, Easements and Agreements for Fosterview Estates, a Planned Residential Development ( "Declaration ") is made this day of , 19 by Dujardin Development Company, a Washington corporation ( "Declarant "). RECITALS AND DECLARATION A. Declarant is the owner of the real property and improvements thereon legally described in Exhibit A (the "Property "), commonly known as Fosterview Estates. The Property is comprised of all the real property shown on maps recorded with ' the King County under Recording No. , Volume , Pages B. Declarant hereby publishes and declares that the Property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied, and improved subject to the following covenants, conditions, restrictions, easements, reservations, and agreements, all of which are for the purpose of enhancing and protecting the character, attractiveness, and desirability of Fosterview Estates. Those covenants, conditions, restrictions, easements, reservations, and agreements shall run with the Property and shall be a burden upon and a benefit to the Property and binding upon any person, firm, corporation or entity of any kind whatsoever acquiring or owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any portion of the Property shall be. deemed acceptance of the terms and provisions of this Declaration. - 2 13166AGR.JEH 2/9/00 WordPerfect z _�`. , z w: 6D J U. U0 . • N0 W =: 1. :N LL. wO N D. d X • t- _: •z �. z o. In CI U O N; o f-: =U. ..Z I. O. ~; •z. SECTION 1. DEFINITIONS 1.1. Association The term "Association" shall mean and refer to the Fosterview Estates Homeowners Association, an association of Owners of Fosterview Estates acting collectively in accordance with its governing documents and this Declaration. 1.2. Association Action The term "Association Action" shall mean and refer to a resolution of the Association in the form of either a bylaw or resolution duly passed by either the Board or by the Members of the Association at a Members' meeting. 1.3. Board The term "Board" shall mean and refer to the Board of Directors of the Association (or such other governing body the Association shall form) which shall have all powers authorized by this Declaration and the governing documents of the Association. 1.4. Building The term "Building" shall mean and refer to any building or structure constructed or located in Fosterview Estates and all appurtenances thereto. 1.5. Common Areas The term "Common Areas" shall mean and refer to those portions of Fosterview Estates (and all improvements thereon) owned or held by the Association for the common use and enjoyment of the Owners, except any streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas shall include, but are not limited to, the following: 1.5.1. All sidewalks and pedestrian access easements shown on the face of the Map which are not dedicated to municipalities, public agencies or others; and 1.5.2. All storm drainage, and retention facilities and other utility and water easements shown on the face of the Map which are not dedicated to public agencies, municipalities or others; and 1.5.3. All open spaces, sensitive areas, wetlands, parks, natural areas and all other areas shown on the face .of the 13166AGR.JEH 2/9/00 WordPerfect 3 Map which are not designated as Lots and which have not been otherwise dedicated or deeded to any municipality. The Declarant may add to or subtract from the Common Areas during the Development Period as defined in Section 11, 12 by an amendment to this Declaration. In the event the Common Areas z described on the recorded Map are different from those described , _► herein, the Common Areas described on the Map shall be deemed the w Common Areas unless this Declaration has been amended or modified to change the Common Areas shown on the Plat Map. J v. 0 1.6. Declarant w =; The term "Declarant" shall mean and refer to Dujardin mu-' Development Company, a Washington corporation, or a person or w O entity to which it assigns its rights as Declarant. g J. LL < 1.7. Lot w d 'ILL' The term "Lot" shall mean and refer to any one of the z H residential lots located within the Property as shown on the Plat 1- O Map. wLI'° LIJ N; O � H The term "Owner" shall mean and refer to the record owner, 11.1w whether one or more persons or entities, of any Lot, including m u' any persons or entities purchasing a Lot pursuant to the terms of LI ~O a recorded real estate contract, but excluding those persons or z uJ entities having an interest in any Lot merely as security for the OW performance of an obligation. The Declarant shall be the Owner i- H until it sells the Lot. z 1.8. Owner 1.9. Plat Map The term "Plat Map" shall mean the maps of the Property recorded with the King County Recording No. 1.10. Member The term "Member" shall mean and refer to every Owner who,, as a result of such ownership, holds a membership in the Association with rights and responsibilities as set forth herein and in the governing documents of the Association. Each Lot shall have one (1) membership inseparably appurtenant to it. 13166AGR.JEH 2/9/00 WordPerfect ,1 - 4 - 1.11. Property The term "Property" shall mean the Property referred to herein as Fosterview Estates as more specifically described in Exhibit A, attached hereto. 1.12. Declaration Q mow: The term "Declaration" shall mean and refer to this Declaration of Protective Covenants, Restrictions, Easements and 6 U, Reservations for Fosterview Estates, a Planned Residential O O, Development. co w J Nu. SECTION 2. FOSTERVIEW ESTATES HOMEOWNERS ASSOCIATION W }O g u. ¢ There is hereby created an association to be called = d "Fosterview Estates Homeowners Association." The Association shall be a nonprofit corporation formed and operated pursuant to z RCW 24 and RCW 64.38. z O�. O 0' O N; H. 17. U,, z 0 -'. 0 2.1. Establishment 2.2. Voting Each Member shall be entitled to cast at any meeting of the Association one vote for each Lot owned by that Member. If any Lot is owned by more than one person or entity, the owners thereof shall appoint one person to serve as the voting Member and shall file a written statement with the Board signed by all of the Lot's owners naming the voting Member. Any such designation of a voting Member shall be revoked automatically when the Board receives a subsequent notice signed by all of the Lot's owners designating another voting Member, when the Board receives notice of the death or judicially declared incompetency of any of the Lot's owners, or when any of the Lot's owners conveys its interest in such Lot. The Association may suspend voting rights of any Member as provided in this Declaration or the governing documents of the Association. 2.3. Proxies Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Owner may revoke any proxy given by a Member to or in favor of a holder of indebtedness secured by any recorded first mortgage (meaning a mortgage with priority over all other mortgages) upon the - 5 13166AGR.JEH 2/9/00 WordPerfect z Member's Lot, without the prior written consent of the holder of such indebtedness. SECTION 3. BYLAWS OF THE ASSOCIATION 3.1. Adoption of Bylaws and Amendments Prior to the termination of the Development Period, the Declarant, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Declarant shall have sole authority to amend the Bylaws. After termination of the Development Period, except as expressly provided to the contrary herein, the Bylaws of the Association ( "Bylaws ") may be amended from time to time by a vote of not less than seventy percent (700) of the votes of all Members (including Declarant, if applicable), at any regular or special meeting of the Association duly called for that purpose. 3.2. Initial Board of Directors The Declarant shall designate the members of the initial Board. The initial Board shall serve until the Declarant transfers the management and administration of Fosterview Estates to the Board elected by the Members pursuant to the Bylaws after termination of the Development Period. Except as specifically provided herein to the contrary, the initial Board shall have the right to exercise all powers and perform all functions of the Board. SECTION 4. PROPERTY USE RESTRICTIONS 4.1. Business and Commercial Use of Property Prohibited No trade, craft business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind which constitutes an annoyance to the neighborhood, the evidence of which is visible from the exterior of the building on the Lot or which increases traffic beyond usual residential volumes within Fosterview Estates, shall be conducted or carried on upon any Lot or within any building located within Fosterview Estates. The Association shall have final authority to determine if business conducted on a Lot is in compliance with this Section. 4.2. Nuisance Prohibited No noxious or offensive activities shall be carried on, in or upon any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners. 13166AGR.JEH 2/9/00 WordPerfect 6 z =z' re UO No W= J H, CO L wO. u-a co F- w _. z� �O zI- w 2 j, 40 — = U. O: w Z. 0 z 4.3. Signs No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (1) customary name and address signs, (2) "For Sale" or "For Rent" signs of no more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of the residence, (3) signs required by legal proceedings (and then the sign shall be no larger than eighteen inches by twenty -four (24) inches, unless mandated by statute or court order), (4) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days), (5) promotional and sales signs of the Declarant and /or its agents, and (6) permanent monuments (entry signage) and Common Areas identification signs. 4.4. Overnight Parking Prohibited No motor vehicles classed by manufacturer rating as exceeding one ton, recreational vehicle, mobile home, travel trailer, tent trailer, utility trailer, camper, boat, boat trailer, detached camper, camper shell or other similar vehicles or equipment may be parked, maintained, constructed, reconstructed or repaired on any Lot Common Areas or street within Fosterview Estates. Notwithstanding the foregoing, any of the above described vehicles may be stored in a garage or behind the building line provided said vehicles are screened from other Lots, the street, or Common Areas and said screening device is in compliance with the rules and restrictions in this Declaration and as determined by the ACC or the Board. This paragraph shall not apply to cleaning, loading and short term parking which shall be permitted for a cumulative period not to exceed forty eight hours in any calendar month. 4.5. Motor Vehicles No automobile, motorcycle, motorbike, or other motor vehicle shall be constructed, reconstructed, repaired or rebuilt upon any Lot, Common Areas or street within Fosterview Estates, and no inoperable or unlicensed vehicle may be stored or parked so as to be visible from any neighboring Lot, Common Areas or street; provided, however, that this section shall not apply to (a) emergency vehicle repairs which require less than twenty -four (24) hours to complete, and (b) vehicles parked in garages which are not visible from any Lot, Common Areas, or street. - 7 13166AGR.JEH 2/9/00 WordPerfect 4.6. Nuisances; Hazardous Activities; Lighting No odors or loud noises shall be permitted to arise or emit from any Lot or Common Areas so as to render any such property or portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbecue unit while attended. 4.7. Animals A Owner may keep dogs, cats and other conventional, indoor household pets subject to rules and regulations adopted by the Association. No animal may be kept, bred or maintained for any commercial purpose. No animal shall be kept in number or under conditions reasonably objectionable in a closely built -up residential community. All animals must be kept solely as domestic pets. Other animals may be kept on Lots only upon written approval of the Association. The Association shall have the right to exclude any animal from the Property. When not confined to the Owner's Lot, pets within Fosterview Estates shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance, as determined by the Board, at its sole discretion. 4.8. Trash Disposal Neither trash, debris nor rubbish of any kind shall be dumped, allowed to accumulate or maintained on any Lot or Common Areas. All garbage and other waste shall be kept in appropriate sanitary containers located in appropriate areas and concealed from view. Yard waste, such as rocks, lawn and shrubbery clippings, dirt and other material resulting from landscaping work, shall not be dumped into public streets or ditches or on any of the Common Areas. The individual Owner shall be solely responsible to remove and dispose of all such materials. Should any Owner fail to comply with this covenant within ten (10) days following the date on which notice is mailed to him by the Association informing him of such violation, then the Association may have said materials removed and charge the expense of removal to said Owner, which shall be collectible as a special assessment. No outside incinerators are allowed on any Lot. 13166AGR.JEH 2/9/00 WordPerfect - 8 Q ' =z ~ U O` co o; w= CO W w O. < d �w z1.. 1-o z F- C3 O —. U F-. 111 u _ z. ui g. O 4.9. Unsightly Conditions No Owner shall permit any unsightly condition to exist on his Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The ACC may grant a written waiver of this covenant upon application by a Owner under conditions as provided in this Declaration. 4.10. Antennas No telephone, radio or television receiving or transmitting tower, antenna or dish more than thirty (30) inches in diameter shall be permitted on any Lot or Building. 4.11. Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 4.12. Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. 4.13. Development Activities Exempted Nothing in this Declaration shall prevent Declarant, its successors and assigns and their contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Declarant deems necessary in order to accomplish such purpose. As used in this section, "successors and assigns "• specifically shall not include purchasers of Lots improved with completed residences. 4.14. Limitations on Common Area Development There shall be no development undertaken in the Common Areas without the prior approval of both the Board and the City of Tukwila. The application for any such development shall be - 9 13166AGR.JEH 2/9/00 WordPerfect +:. Cel Crl 0 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required or advisable The responsibilities of the Association shall include, but are not limited to, the following 5 1 1 The cleaning and maintenance of the water courses on Tracts A and B; and 5.12 The maintenance, repair and replacement of the fences around and across Tracts A and B, and 5 1 3 The maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, and 514 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along the north boundaries of Lots 1 and 2, and 5 1 5 The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along south boundary of Tract B and South 137t Street, and 5 1 6. The maintenance, repair and replacement of the retaining wall and its associated drainage improvements located along north boundary of Lots 13 and 14 and the Private Drainage & Pedestrian and Public Utility Easement as shown on the Plat Map, and 5 17. The maintenance of the trails beginning at the cul de sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance that it determines to be m the best mterest of the Owners z re 2 6 JU U 0, . N0, W = U) LL. O. ga CJ F=-w z� o zH: Dp ion' tO ;W ;. :r H U�. II z Uj CO F= _ oI" accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.15. Limitations on Additional Impervious Surfaces No Owner shall construct any additional surfaces such as asphalt or concrete patios or parking areas on a lot without the prior permission of the Board and the City of Tukwila. The application for such additional impervious surfaces shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.16. Open Space Easement Open Space Easements are shown on the face of the Plat Map. Open Space Easements are not Common Areas. No Owner shall construct or place any structure (other than fences or utilities) within an Open Space Easement SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 5.1. Association Responsibilities After termination of the Development Period, the sociation shall operate and maintain the Common Areas as r- - +ired or advisable. The responsibilities of the As ation shall include, but are not limited to, the - -ning and maintenance of the water courses on Tracts A a • the maintenance, repair and replacement of the fences - - nd and across Tracts A and B, the maintenance, repair a • eplacement of the french drains in the Common Areas as s n on the Plat Map, the maintenance, repair and replaceme of the retaining wall along the north boundaries of Lots 1 _ 2, and maintenance of the trails beginning at the cul de =c end of South 137th Place to and along the North boun•_ y of the plat as shown on the plat map. The Association ma, provide such additional common maintenance which it etermines to be in the best interest of the Owners. 5.2. Owners' Responsibilities 5.2.1. General. Each Owner shall maintain his respective Lot and the Building located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. If any Owner fails to provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards set forth above, the Association, after approval by two - thirds (2 /3rds) vote of - 10 - 13166AGR.JEH 2/9/00 WordPerfect the Board, may notify said Owner in writing of the maintenance required. If said notice is delivered to the nonperforming Owner and the noted condition is not remedied for a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the nonperforming Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned by the nonperforming Owner, and may be collected in the same manner as any other annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in Sections 4.16, 5 of this Declaration. Each Owner shall further comply with the maintenance obligations of Section 7 hereof. 5.2.2. Specified Responsibilities for Owners of Lots 1 and 2. The Owners of Lots 1 and 2 shall be responsible for the maintenance, repair and replacement of the common driveway which serves only their lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made b'y the Board upon written application of either owner. In any event, all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. 5.2.3. Special Responsibilities for Owners of Lots 31 and 32. The Owners of Lots 31 and 32 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. 5.2.4. Special Responsibilities for Owners of Lots 33 and 34. The Owners of Lots 33 and 34 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In 13166AGR1EH 219/00 WORDPERFECT z z'. L2 U O' w= J H w O. g u_ a a. t- z 1-O z t- 2 • o. U O —: w w. — O. wz U N' O z nay event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. GFrTT(N Ai M1 TMT ' T7 Tr' ' % r+n*+nr+••vn%m+n 2. Maintenance Responsibilities - Retaining Walls. A new subsection 5 2 5 is added to Section 5 2 of the Declaration as follows 5.2.5. Retaining Walls. The Owners of any lot on which all or part of a retaining wall is located (except those walls specifically referenced in Sections 5 1 5, 5 1 6 and 5 1.7 above) shall be responsible for the maintenance, repair and replacement of any portion of a retaimng wall (and its associated drainage improvements) which is located on their lot (collectively "Wall Maintenance ") In the event a retaining wall is located along a common property line between adjacent lots, the down slope lot Owner shall be solely responsible for Wall Maintenance of said wall The Owner responsible for Wall Maintenance under the provisions of this paragraph (the "Responsible Owner") is hereby granted an easement over and across the adjacent lot to ierfonn such activities as are reasonably necessary for required Wall Maintenance, provided the Responsible Owner shall fully restore to substantially its onginal condition any area of the adjacent lot (including, without limitation, any improvements or landscaping) as is disturbed or damaged through the exercise of nghts under this easement 111 L.LL1e unless-=e Tieri-for such delinquent assessment has been properly recorded prior to transfer of title or unless expressly assumed by the transferee. Provided, however, that in the case of a sale of any lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the owner immediately prior to the date of any such sale, shall be personally liable only for the amount of the installment due prior to said sale. The new owner shall be personally liable for installments which become due on or after said sale. 6.2. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Members thereof, their guests and invitees, and shall be used to improve, protect, operate and maintain the Common Areas and provide for performance of the duties of the Board. 6.3. Initial Assessment; Annual Assessments At the time of the initial closing of the sale of each Lot, the escrow agent shall collect from each Owner, a start up contribution to the Association in the amount of $ (to be determined) (which shall be used to reimburse Declarant - 12 - 13166AGR.JEH 2/9/00 WordPerfect • for maintenance and operating expenditures during the Development Period). Unless changed by a vote of seventy percent of the Members, the initial annual assessment (which is an additional charge to the start up contribution) shall not be in excess of $ (to be determined) per year and shall be prorated for any partial year at the time of the purchase of the Lot and shall be collected by the escrow agent at the closing of the purchase of the Lot. Each year the Board shall access each Owner for an annual assessment in an amount which, in the aggregate is sufficient to meet the obligations of the Association, including without limitation, maintenance of the private storm water drainage facilities located within the Property. Commencing on January 1 following the termination of the Development Period and continuing each year thereafter, the annual assessments shall not be increased by more than fifteen percent (15%) without the approval of seventy percent (700) of the Members voting at a meeting duly called for such purpose. Notwithstanding the provisions set forth above, the Declarant shall not be liable for any fees or assessments assessed or due prior to the termination of the Development Period. 6.4. Estimated Assessments Within sixty (60) days prior to the beginning of each calendar year or such fiscal year as the Board may adopt, the Board shall (a) estimate the annual assessments and special assessments for the Lots to be paid during such year; (b) make provisions for creating, funding and maintaining reasonable reserves for contingencies and operations, for maintenance, repair, replacement and acquisition of Common Areas and facilities; and (c) take into account any expected income and any surplus available from the prior year's operating fund. If the estimated cash requirement proves inadequate for any reason, including nonpayment of any Owner's assessment, a special assessment may be levied during that fiscal year upon a majority vote of the Board. Written notice of the annual assessments shall be sent to every Owner. The Board's failure to fix the assessments for the next year before the expiration of any year shall not be deemeda. waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof, for that or any subsequent year, but the assessment fixed for the preceding year shall in that event continue until a new assessment is fixed. 13166AGR.JEH 2/9/00 WordPerfect - 13 - z a� w 00 co 0. LLI J cn u.' w O. I=- _ zH I-0� Z 11J cu gyp. W W' H V`. U =; O ~! z 6.5. Payment of Owners Each Owner shall be obligated to pay its annual and special assessments to the Treasurer for the Association. Annual assessments shall be paid in full on or before the annual due date established by the Board. Special assessments shall be paid annually or in equal monthly installments or before the first day Q of each month during each year or at such time and in such other z reasonable manner as the Board designates. l 6.6. Limitation on Use 0 0 (no All funds collected hereunder shall be expended for the J purposes designated herein and for on other purpose. co w0 6.7. Record of Assessments g J The Association shall keep an accurate record of its receipt and expenditures in chronological order. Such record shall w specify and itemize the operation, maintenance, replacement and ~ _ repair expenses of the Common Areas and any other expenses ? ~ incurred. Records and vouchers authorizing such payments shall z 1. be available for examination by the Owners for any proper purpose 2E D al at any reasonable time. v o': 6.8. Special Assessments o �. ww In addition to the annual assessments authorized above, the 1-v' Association may levy in any fiscal year as the Board designates, O a special assessment for the purposes of defraying, in whole or w �. in part, the cost of any construction, reconstruction, repair, p _. acquisition or replacement of a capital improvement upon the 01- . Common Areas, including fixtures and personal property related thereto. The Board may also levy a special assessment against one or more Owners who are in violation of Sections 7, 10 or 4 other provisions of this Declaration. 6.9. Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all Lots, except for assessments against a specific Owner imposed by the Board to reimburse the Association• for costs incurred in bringing the Member or Lot into compliance with the provisions of this Declaration or the Bylaws. 6.10. Default in Payment of Assessment -- Remedies If any assessment is not paid within thirty (30) days after it is first due and payable, such assessment shall bear interest at the highest rate permitted by law, or if no limitation is 13166AGR.JEH 2/9/00 WordPerfect - 14 - imposed by law, at eighteen percent (18%) per annum, from the date on which it was due until paid. In the event any annual or special assessment remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days' written notice to the Owner, accelerate and demand immediate payment of the delinquent assessment, and any assessments which the Board reasonably determines will become due during the next succeeding twelve (12) months. If the assessments and any accrued interest is not paid in full within fifteen (15) days of the date of the notice, the Association may bring an action against the person or entity personally obligated to pay such assessment and /or record a lien for the amount of the assessments plus interest and attorney fees and costs incurred or estimated to be incurred in enforcing the lien with the county in which the Lot is located. The lien may be foreclosed in the same manner as a real property mortgage. Suit to recover a money judgment for unpaid assessments or charges can be maintained against the Owner in conjunction with or separate from foreclosure of the lien. The notice of assessment shall not be filed of record unless and until the Board has delivered to the defaulting Owner a notice of the intent to file the lien. 6.11. Foreclosure of Assessment Lien; Attorney's Fees and Costs The Declarant or Board may initiate action to foreclose the lien of any assessment on behalf of the Association. In any action to foreclose a lien against the Lot for nonpayment of delinquent assessments or charges, any judgment rendered against the Owner in favor of the Association shall include a reasonable sum for attorney fees and costs and expenses reasonably incurred in preparation for and pursuit of such action in addition to taxable costs permitted by law. The Association shall be entitled to reimbursement for all its attorney fees whether said attorney fees are incurred in negotiation, arbitration, . litigation, foreclosure or collection action, bankruptcy or appeal. 6.12. Homestead Waiver Each Owner hereby waives, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption law in effect at the time any assessment becomes delinquent or any lien is imposed pursuant to the terms of this Declaration, and hereby waives the right to claim such homestead or exemption prior to payment in full of all delinquent assessments. 13166AGR.JEH 2/9/00 WordPerfect - 15 - z Q I-w JU U 00. W = W0 Q a W I— 1 z �. F- 0 Z I- U O Ui CI- =U W 0— O . z 6.13. Curing of Default If the Owner cures the default prior to foreclosure of the lien of assessment, the Board shall file and record a satisfaction and release of lien. The Board may assess a fee of $50 to cover the cost of preparation and recording of said satisfaction of lien. Said amount shall be paid prior to the filing of the satisfaction of lien. The notice of satisfaction of lien may be executed by any authorized representative of the Board 6.14. Continuing Liability for Assessments No Owner may exempt himself from his liability for annual or special assessments by abandonment of his Lot or abandonment of the use of any Common Areas. 6.15. Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed on any Lot. Sale or transfer pursuant to a decree of foreclosure of any Lot which is subject to such first mortgage shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such Owner from personal liability for any assessment due nor shall any Lot be relieved from paying assessments becoming due after foreclosure of the lien thereof. SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS 7.1. Owners' Easement of Enjoyment in and to the Common Areas Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Areas owned or held by the Association. Such easement shall be appurtenant to and conveyed with the ownership of every Lot, even though such easement is not expressly mentioned or described in the conveyance or other instrument, subject to the following restrictions: 7.1.1. The Association's right to limit the number of:. guests of Owners, and to adopt rules and regulations governing use and maintenance of the Common Areas. 7.1.2. The Association's right to use and management of the common street portion of said Common Areas for access, roadway and utility purposes, including, but not limited to, pumps, pipes, wires, cables, conduits, culverts, 13166AGR.JEH 2/9/00 WordPerfect - 16 - ditches and other equipment, structures, supplies and material. 7.1.3. The Association's right to suspend the voting rights of a Member: (1) for any period during which any assessment against the Member's Lot remains unpaid; or (2) for a period not to exceed one hundred eighty (180) days for any infraction of the Association's published rules and regulations. 7.1.4. The Association's right to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association. After the termination of the Development Period, no such dedication or transfer shall be effective unless the Association records an instrument agreeing to such dedication or transfer, signed by seventy percent (700) of all Members prior to such dedication or transfer. 7.1.5. The rights reserved to the Declarant in this Declaration. 7.1.6. The Common Areas that are designated on the Map as open space, natural areas, wetlands, sensitive areas, steep slopes, flood zones and other specially designated areas shall remain in existing natural vegetation, (except any portions utilized for utility easements and passive recreation, as approved by the City of Tukwila) to protect the Common Areas. 7.1.7. Except with regard to utility easements, the following restrictions apply to activities within the Common Areas: (1) there shall be no removal of natural vegetation, specifically including trees, except in emergency or dangerous situations subject to the approval of the City of Tukwila; (2) there shall be no fires permitted within the Common Areas, except by governmental authorities; (3) there shall be no buildings or structures, whatsoever, placed or constructed within the Common Areas without the prior written consent of seventy percent of the Owners; (4) there shall be no motor vehicles allowed into Common Areas except. those necessary for routine maintenance; and (5) the Common Areas shall not be used for dumping of grass, rocks, dirt and /or other materials. These restrictions are intended to protect the Common Areas and ensure that these areas will serve as a natural aesthetically pleasing, passive buffer between lots and other adjacent developments, for the mutual benefit of all Owners. 13166AGR.JEH 2/9/00 WordPerfect - 17 - z • _1- z re w. 00 w 0 wI J �. CO Li; w0' g u- ? _ o. z� 1— 0 Z �- N` 1 f- O Z iii 0= 0 .z 7.1.8. All other restrictions, limitations and reservations contained or provided for in this Declaration or the Bylaws. 7.2. Delegation of Use Any Owner may delegate its right of enjoyment of the Common a Areas and facilities to the members of his family, his tenants ,Ii- and guests, in accordance with the Bylaws and subject to rules riC w and regulations adopted by the Association. 6 v 0 0 7.3. Title to Common Areas N o:. wi Upon termination of the Development Period, the Declarant N �; shall transfer and the Association shall hold title to the Common uj0 Areas as trustee for the Owners. g J; SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS N = 0' H=' zi... The Declarant shall have and hereby reserves for itself, its z 0 successors, and assigns, the right, during the Development Period Lli W` and any period thereafter in which Declarant is a Owner, to m o utilize the Common Areas for its business uses and purposes, p N including, but not limited to, uses and purposes related to the 0 H construction, promotion and development of Fosterview Estates. = w. Prior to the termination of the Development Period, the Declarant 1-"i shall transfer the Common Areas to the Association, without -g warranty but free and clear of monetary encumbrances. Control ILIW and the management and administration of the Common Areas shall r_ _ vest in the Association at the end of the Development Period 01- subject to the Declarant's then existing rights of use under this Declaration. 8.1. Control 8.2. Costs Until the termination of the Development Period, the Declarant shall pay all costs of maintaining and operating the Common Areas in excess of the funds collected by the Association under Section 6.2. After termination of the Development Period, the Association shall pay all costs of maintaining and operating the Common Areas. SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION The Association shall obtain such insurance policies as the Board deems in the best interest of the Members. All such insurance coverage shall be written in the name of the Association as trustee for each of the Members. The Declarant 13166AGR.JEH 2/9/00 WordPerfect - 18 - shall pay the costs of insurance obtained by the Declarant prior to conveyance of the Common Areas. SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 10.1. Establishment An Architectural Control Committee ( "ACC ") is hereby established as a special committee of the Board. The ACC shall review all proposed construction for compliance with the architectural controls listed in this Section. The Declarant hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls given to the Board or its authorized representatives as enumerated in Section 10.2 herein until the sale of the last lot owned by Declarant. The original ACC is comprised of: David Allegre William Fowler Jinx Ponath- Harrison Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 Dujardin Development Co. 9623 - 32nd Street SE Everett, WA 98206 A majority of the ACC may designate a representative to act for it. In the event of death or resignation of any member of the ACC, the remaining Members shall have full authority to designate a successor or to act alone. Neither the Members of the ACC nor its designated representative, shall be entitled to any compensation for services performed as a Member of the ACC unless authorized by a two - thirds (2 /3rds) vote of the Board. The term of office of the above - designated ACC shall terminate automatically upon the sale or conveyance of the last initial Lot owned by Declarant, if not sooner terminated by Declarant in the same way that the Development Period can be terminated by Declarant pursuant to Section 11 herein. The ACC shall continue: • after termination of the Development Period upon the Board's appointment of an ACC of three owners. 10.2. ACC At the termination of the Development Period, the Board or a committee of the Board shall appoint the members of the ACC. The ACC shall consist of three or more Owners. The ACC so - 19 - 13166AGR.JEH 2/9/00 WordPerfect appointed shall have all the powers and authority of the ACC as stated and any reference in this Declaration. The shall must give its written approval before any person may erect, place or alter any Building, fence or other improvement on any Lot, or landscape any Lot. The ACC shall grant written approval upon two - thirds (2/3) affirmative vote of the ACC. In seeking such approval, a Owner or prospective Owner shall submit one copy of materials adequate to allow review of a proposed action for each ACC member, plus one additional copy for the files of the ACC. Submittals must include, at a minimum: (i) site plan; (ii) exterior elevations (all sides); (iii) color board showing all exterior colors and materials; and (iv) landscape and exterior lighting plan. The ACC may request additional details. The ACC shall approve or disapprove of such plans within thirty (30) days of said submittal. The ACC's decision shall be in writing. The ACC shall have the right to approve a proposal subject to compliance with conditions which may established by the ACC. If the ACC fails to approve or disapprove a plan within the thirty (30) day period, approval shall not be required, and this Section shall be deemed to have been fully complied with. The decisions of the ACC are final. 10.3. Criteria The ACC shall consider the following criteria in approving or disapproves a plan submitted to it: (a) the harmony of the external design, color and appearance of the proposal in relationship to the surrounding neighborhood; (b) the location of the proposed building on the lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, existing buildings and adjoining lots and buildings thereon; and (c) the compliance of the proposal with the covenants contained in this Declaration and any rules and regulations promulgated by the Board pursuant to this Declaration. 10.4. Exterior Finish The exterior of all structures shall be designed, built and maintained in such a manner to blend with the natural surroundings and existing structures within Fosterview Estates. Siding options shall consist of solid wood product or approved wood by- product, stucco or brick. All exterior paint colors shall be consistent with surrounding structures. No primary, reflective or fluorescent colors shall be used in any structure. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin and the structures on adjacent lots. All structures shall be completed as to exterior appearances, including finish painting within nine - 20 - 13166AGR.JEH 2/9/00 WordPerfect (9) months from the date construction is commenced which shall be defined for the purposes of this paragraph as the date the foundation is poured. 10.5. No Liability The Members of the ACC shall have no personal liability for any action or decision made by the ACC. By acceptance of a deed to any Lot, the Owner agrees and covenants not to maintain any action against any Member of the ACC which seeks to hold that Member personally or individually liable for damages relating to or caused by any action or decision of the ACC. 10.6. Building and Construction Restrictions All buildings on a Lot are subject to the following restrictions: 10.6.1. Single Family Residence. Only one (1) single - family residence ( "house ") may be constructed or permitted to remain on a Lot. No such house shall include less than 1000 square feet of living space (exclusive of a porch, patio, garage or other accessory building). 10.6.2. Exterior Walls. Exterior walls shall be clad with materials appropriate to the architectural style and are limited to (i) brick; (ii) stone; (iii) solid wood or approved wood by products; (iv) stucco or such other materials as are specifically approved by the ACC from time to time. 10.6.3. Exterior Colors. Exterior colors shall be compatible with the existing structures in the development as well as the architectural style of any Building. Masonry materials should be compatible with other colors on the house. No primary, reflective or fluorescent colors shall be used on any structure. 10.6.4. Fences. No fences, walls, hedges or mass plantings, other than foundation planting, shall be permitted to extend nearer to the street or private road than the minimum setback line required by ordinance; provided, however, that nothing shall prevent the erection of a necessary retaining wall; provided further that no fence, wall, hedge or mass planting shall at any time shall extend higher than six (6) feet above the ground, except for necessary retaining walls or rockeries which conform to the City of Tukwila Building Codes. No wire fences shall be used unless approved by the ACC. The finished side of all fences shall face the exterior of the Lot and shall be'• 13166AGR.JEH 2/9/00 WordPerfect - 21 - painted or finished to match or blend with the existing appurtenant structures. Cedar fences may be allowed to weather naturally. 10.6.5. Other Structures. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and accessory buildings, if allowed, shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. 10.6.6. Prefabricated Buildings. No prefabricated buildings or structures of any nature whatsoever, specifically including mobile homes, permanent or temporary, shall be moved, placed, constructed or otherwise maintained on any Lot. 10.6.7. Lighting. All area lighting shall be designed and positioned to ensure that the light source is not directly visible from any other house in the Fosterview Estates. 10.6.8. Temporary Occupancy and Temporary Buildings. No trailer, recreational vehicle, boat, basement of any incomplete building, shed, tent, shack, garage or barn and no temporary buildings or structures of any kind shall be used at any time for a residence, either temporary or permanent. Temporary buildings or structures used during construction of the improvement of any Lot shall be removed immediately after completion of construction or upon request of the ACC, whichever occurs first. 10.6.9. Storage Sheds and Outside Storage. No storage, buildings or sheds, whether prefabricated metal or any other construction whatsoever, whether permanent or temporary, shall be moved, placed, assembled, constructed or otherwise maintained on any lot unless approved by the ACC. 10.6.10. Landscaping. Landscaping of the Lot on which such house is constructed shall be fully completed within nine (9) months of the start of construction. The building area shall be kept reasonably clean during the construction period. Landscaping shall emphasize plantings and other features which shall complement and enhance the native existing character of Fosterview Estates. Each Owner shall ensure that their landscaping is maintained to provide a neat and attractive appearance. 10.6.11. Topography_. The topographic conditions of any Lot shall not be altered in any way that would adversely affect or obstruct the approved and constructed storm drain - 22 - 13166AGR.JEH 2/9/00 WordPerfect system and surface flows without the written consent of the Board. 10.6.12. New Construction. All Buildings shall be of new construction (except used brick, siding or similar decorative materials which may be used). z 10.6.13. Utility Service. No outdoor overhead wire or H W service drop for the distribution of electric energy or for 6 _' telecommunication purposes, nor any pole, tower or other —1 v structure supporting said overhead wires shall be erected, t)O (no placed or maintained on the Property. cow J I_ 10.6.14. Contractor. No house may be constructed on N w' any Lot by other than a contractor licensed as a general w O contractor under the statutes of the State of Washington n without the prior approval of the ACC. Q u co 10.6.15. Effect of ACC Approval. No buildings shall = d I- w be constructed or caused to constructed on any Lot unless Z = !- the ACC has approved the plans as provided above. The ACC's 1-0 approval of any plan shall not constitute any warranty or W H. representation by the ACC, the Board or any of their Members 2 n that such plans were examined or approved for engineering or v o structural integrity or sufficiency or compliance with the O .; applicable governmental laws, codes, ordinances and -. w ) regulations. Each Owner hereby releases any and all claims = v: of any nature whatsoever against any member of the ACC, the 1-. 0' Board, and the Association, their heirs, successors and — z'. assigns related to the engineering, structural integrity, vcn' sufficiency, compliance of any plans approved by the ACC. 0 H z 10.6.16. Commencement of Construction. Construction shall not commence until a building permit and any other applicable permits or approvals from the appropriate public agency or agencies are obtained. All Buildings constructed hereunder shall conform to the applicable building code(s) then in effect. Construction of any structure or performance of any other act requiring approval of the ACC must begin within one hundred eighty (180) days after it is approved. If such construction or performance is not begun within such period, the approval shall lapse and be void. The applicant must obtain further review and approval by the ACC prior to commencement or performance. The ACC may disapprove, condition or require changes in the project upon such further review. 10.6.17. Completion of Construction. The exterior of any house constructed or placed on any Lot hereunder shall be completed, including exterior finish, paint and trim, 13166AGR.JEH 2/9/00 WordPerfect - 23 - • z _�. w. JU 00 N 0 W = NU— w 0. u- _. � Cy 1-_ z1 O z t- ID ILI U �. O N. = U'. U. O. 111 Z, z 12.3. Authority of Declarant During Development Period Until the termination of the Development Period, the Declarant hereby reserves for itself, its successors or assigns, all of the rights, powers and functions of the Association, or the Board thereof, which shall be exercised and /or performed solely by the Declarant. Upon termination of the Development Period, administrative power and authority for management of the Property shall pass to the Board of Directors and Members as provided herein and in the Bylaws. SECTION 13. ENFORCEMENT 13.1. Enforcement The Board may enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the Articles, the Bylaws and any rules and regulations promulgated by the Board by any proceeding at law or in equity. During the Development Period, the Declarant may exercise this enforcement power on behalf of the Association. 13.2. Remedies The remedies provided herein for collection of any assessment, charge or claim against any Member, for and on behalf of the Association or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. 13.3. Waiver The failure of the Association, the Declarant, any Owner or any of their duly authorized agents to insist in any one or more instances upon the strict performance of or compliance with this Declaration, the Bylaws, or rules and regulations of the Association or to exercise any right or option contained therein, or to serve notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration, the Bylaws, or rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant hereof shall not be deemed a waiver of such breach. 13166AGR.JEH 2/9/00 WordPerfect - 25 - z ice. w J U: 00 N 0 cn w W 2 LL, w0 u_ z1._ 0' z� U � O• F-_ w w. - U ILO: .z 0 H. z 13.4. Costs and Attorney Fees If any authorized person or entity (including Declarant) employs an attorney to enforce any provision of this Declaration, the Bylaws, Articles or rules and regulations adopted by the Association, the prevailing party in such action shall be Z entitled to the award of reasonable attorneys' fees and costs = incurred in said action whether such fees and costs are incurred •a- Z, in negotiation, mediation, arbitration, litigation, appeal, m g. bankruptcy or pre- or post - judgment collection. 6 D �U• UO COO IN WITNESS WHEREOF, Declarant has hereunto set its hand and w = seal the day and year first above written. w o. DECLARANT: lL Q' Dujardin Development Company la ,_ z F: By Its 1-0 �:. LU w U �'. co STATE OF WASHINGTON ) SS. =w COUNTY OF ) F' �` -- O THIS IS TO CERTIFY that on this day of u.Z 2000, before me, a Notary public in and for the State of _ Washington, duly commissioned and sworn, came 0 1, , personally known or having presented satisfactory evidence to be the of Dujardin Development Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: Notary Public in and for the State of Washington, residing at Expiration Date: - 26 - 13166AGR.JEH 2/9/00 WordPerfect • EXHIBIT A LEGAL DESCRIPTION PARCEL A: That portion of Government Lot 2, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Government Lot; thence easterly along the north line thereof 586.69 feet; thence southerly parallel with the west line of said Government Lot a distance of 586.55 feet, more or less, to the north line of the south 691.50 feet of said Government Lot; thence westerly along said north line 140.03 feet to the east line of the west 446.67 feet of said Government Lot; thence southerly along said east line 7.50 feet to the north line. of the south 684 feet of said Government Lot; thence westerly along said north line 143.34 feet to the northwest corner of a tract of land deeded to Ralph A. Olson and Reatha Olson by deed recorded under Recording Number 5089251; thence south along the west line of said deeded tract a distance of 20.00 feet to the north line of the south 664.00 feet of said Gouernment Lot; thence westerly along said north line 303.34 feet, more or less, to the west line of said Government Lot; thence northerly along said west line 606.50 feet, more or less, to the point of beginning; EXCEPT that portion thereof condemned for F.J. Folkendahl Road in King County Superior Court Cause Number 214626; AND EXCEPT those portions thereof deeded to King County for Charles E. Adams Road (42nd Avenue South) by deeds recorded under Recording Numbers 472354 and 5558464; (ALSO KNOWN AS Parcel 8, City of Tukwila Boundary Line Adjustment NO L92 -0064, as recorded under Recording Number 9408080706). PARCEL 8: That portion of Tract 67, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 74, in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT the east 20 feet thereof deeded to King County by deed recorded under Recording Number 1207877; ALSO EXCEPT the north 350 feet thereof. 13166AGa.JEH 2/9/99 WordPerfect - 27 - •z • w JU UO V) C-1 . co w: W =. J l... w0 • J ?. . • w z �. • 1- O; wI- w U 'o N IH w w. -O • w z. • z PARCEL C: That portion of Government Lot 3, Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, lying northeasterly of 42nd Avenue South, as deeded to King County by deed recorded under Recording Number 5655246; EXCEPT County Roads. PARCEL 0: _11 tu,. • JUG UO • cn o • will. w J F_: w 0; That portion of Tract 19, Fostoria Garden Tracts, CD J' according to the N 4C plat thereof recorded in Volume 9 of Plats, page 95, in King County, = d= Washington, lying southwesterly of F.J. Folkdahl Road (43rd Auenue f-.w South), as condemned in King County Superior Court Cause No. 241626. z 1— 0]. .:z LU ;o1-: w w U: U N, • F Hr - 28 - 13166AGR.S :H 2/. 9;�9 WordPerfect • EXHIBIT C DEMONSTRATION THAT THE FINAL PLAT IS IN CONFORMANCE WITH THE APPROVED PRELIMINARY PLAT Tukwila Municipal Code 17.14.030(C)(5) establishes as the fifth criteria for final plat approval that "the plat is in conformance with the approved preliminary plat." This narrative discusses the difference between the terms "conformance" and "compliance" and demonstrates that the term conformance is directed at the plat layout (location of lots, roads, etc.). The term compliance is in regard to the how the final plat complies with the specific conditions imposed by the City Council. Exhibit D demonstrates how the final plat complies with the conditions of the approved preliminary plat and SEPA decision. Explanation of Conformance Criteria In order to demonstrate compliance with this criterion it is important to first address the difference between a preliminary plat and a final plat and to compare the nature of final plat approval with approval of the preliminary plat. A "preliminary plat" is defined in the Tukwila code as A neat and approximate drawing of a proposed subdivision or short plat, showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. TMC 18.06.636. This is nearly verbatim the definition set forth in the subdivision statute: "Preliminary Plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. RCW 58.17.020(4). Dujardin \FPExhC Fosterview Estates Exhibit C Page 1 of 4 Both definitions specifically refer to the preliminary plat as an "approximate drawing" and focus on this drawing showing "the general layout" of the subdivision. In comparison, a "Final Plat" is defined under the Tukwila Code and subdivision statute as follows: "Final Plat" means the final drawing of the subdivision and dedication Q prepared for filing for record with the Department of Records and Elections, w and containing all elements and requirements set forth in the subdivision 2: code. —1 c) 00. TMC 18.06.318. W w = J H, "Final Plat" is the final drawing of the subdivision and dedication prepared for w p filing for record with the county auditor and containing all elements and 2 requirements set forth in this chapter and in local regulations adopted under g Q this chapter. co a. RCW 58.1 7.020(5). z F, I- 0 Both these definitions refer to this as the "final drawing" and note that it is for "filing for record." w w These definitions reflect the two -step process taken by most jurisdictions throughout the United p co States in regulating subdivision of land. The first step in the process involves a submission of an "approximate drawing" which focuses on "the general layout" of the subdivision. F vi The purpose of a preliminary plat is to secure approval of the "design" of the Z subdivision; that is, to let the planning board (and its consultants and w U. engineers) give preliminary consideration to the developer's proposals 0 ~ regarding the street layout and location of open spaces to be reserved. The lot layout depends on these. Once the developer knows whether his street layout is acceptable, and what part of his land, if any, must be reserved for purposes other than lots, he can lay out his lots. This creates the "design" of the " subdivision. Consideration and demonstration of details of street profiles, grades, public facilities, lot monuments, drainage, and similar matters can come later. Rathkoff, the Law of Planning and Zoning, §66.02[2] (emphasis added). These definitions and the widely followed two -stage subdivision process recognize that the preliminary plat drawings are to focus on the layout of the lots and streets. The details of constructing the subdivision, including such issues as site grading and street profiles, are left to the engineering drawings, which follow preliminary plat approval. This distinction is critically important because of the language of the fifth criteria for final plat approval which seeks confirmation that the final plat conforms to the preliminary plat. Because the preliminary plat is only an approximate drawing focused on the layout of the lots and streets Fosterview Estates Exhibit C Page 2 of 4 Dujardin \FPExhC (i.e. the "design" of the subdivision) the issue of final plat conformance must be directed at conformance with the overall approved subdivision "design or layout." Final plat review does not require precise conformance with engineering details such as site grading or street profiles. Rather, final plat review is exclusively for conformance with the approved preliminary plat (see Attachment 1- 4/18/94 memorandum to Mayor /Council from Beeler). The other aspect of final plat conformance with the preliminary plat requires the developer to demonstrate compliance with the conditions of preliminary plat approval. In fact, it is the compliance with these conditions that is the heart and sole of final plat review: As noted by Professor Richard Settle: Preliminary plat approval is virtually always subject to conditions or requirements, such as the dedication of land for and the improvement of public facilities. Final plat approval is the means by which the performance of such requirements is enforced.... [T]he function of "final plat approval" is to determine that preliminary plat conditions have been satisfied or that an adequate bond has been posted to assure that they will be satisfied. Settle, Washington Land Use and Environmental Law and Practice, §3.2. Given this specific standard for review, it is generally recognized that once a preliminary plat has been approved, approval of the final plat is a ministerial act. Anderson, Land Use Law, §25.13. Professor Settle has likewise discussed the comparison between the broad discretionary process of preliminary plat approval with the limited discretion in final plat approval: Preliminary plat approval is far more important and laden with regulatory discretion than final plat approval. Preliminary plat approval is virtually always conditioned upon the dedication of land and completion of improvements of streets, utilities and various other public facilities. Final plat approval is the means by which the performance of these requirements is enforced. Since fulfillment of the requirements related to these various purposes [of final plat approval] are objectively ascertainable, the legislative body's decision to approve or disapprove a final plat is endowed with far less discretion than its decision at the preliminary plat stage. Settle, § §3.6(a) and (b). With this background, the conformance of the Fosterview Final Plat with the Preliminary Plat approval can be discussed. Dujardin \FPExhC Fosterview Estates Exhibit C Page 3 of 4 z. JU. oo co W =. u. 1 WO 2 g Q' z� o: Z F- n o. N. OF W We' v� wz z The Final Plat Conforms to the Overall Layout Approved in the Preliminary Plat A comparison of the approved preliminary plat with the proposed final plat reveals that the layout of the final plat is nearly identical to the approved initial preliminary plat drawing (see Attachment z 2 - Preliminary Plat and Attachment 3 - Final Plat). The location of the two main entrances into �.. z at the plat at 42nd Ave. S and at 44th Ave. S are identical. The overall street layout, with an internal re 2 circulation road identified as 43rd Place S. and a cul -de -sac identified as S. 137th place is likewise J v. the same. The areas to be set aside as open space, identified as Tract A and Tract B and the open co o space easements, has not changed. A small area identified as Tract C west of the 43`d Avenue S. w = right-of-way had been proposed to be dedicated to the City but is now included as open space. The N u. overall layout of the lots in the proposed final plat likewise conforms with the preliminary plat. w 0 The one modification in the lot layout is the elimination of one lot that had been proposed in the northwest corner of the site. Grade and access constraints resulted in the consolidation of two of J u.a the proposed lots in this location. This is a minor changes that does not effect the overall design = d of the subdivision and the City has correctly noted in it's June 22, 1998 letter that this change does 1-- 1.11 not require re- approval by the City Council (see Attachment 4 - 6/22/98 letter to J. Kappler). Z ,.' zo During the engineering review and construction process, revisions were made to some of the 2 details of the street profiles and overall site grading plans from that shown in some of the drawings v N'. submitted with the preliminary plat map. For example, it was determined that a far more gentle '.o �; roadway grade could be established through the site in comparison to the significant undulations '= w` that were first conceptualized in initial grading plans. The grades at the perimeter of the �" that have not changed. z' U Again, specifics street profile and overall grading contours are anticipated to change during the 0 detailed engineering and construction phases which follow preliminary plat approval. For this reason, these changes do not reflect any lack of conformity between the final plat and the approved preliminary plat layout. Compliance with Preliminary Plat Conditions There are two sets of conditions that were imposed on the preliminary plat. The Mitigated Determination of Nonsignificance (MDNS) approved for this project, and upheld on appeal by the city council, imposed one set of conditions. Another set of conditions were imposed directly through the decision of the city council approving the preliminary plat. Again, the Final Plat's compliance with each of the conditions in these two separate approvals is provided in Exhibit D. Dujardin \FPExhC Fosterview Estates Exhibit C Page 4 of 4 EXHIBIT F REQUEST FOR MODIFICATION OF SEPA BIOSWALE CONDITION • Flt - y c.w Fv7 i • f if R 0 7 20[ 0 The Applicant requests that the City Council approve the final plat without requiring construction of a bioswale. The bioswale had been required to be located within the closed 43rd Avenue S. right -of -way as part of the SEPA Drainage Mitigation Condition 1. Because of geotechnical concerns that indicate a bioswale should not be constructed, Dujardin is seeking to finalize the plat without the swale. Adequate storm water treatment is provided with wet vaults in substitution for the swale. Geotechnical Concerns The requirement for this bioswale arose as a condition of the project's Mitigated Determination of Nonsignificance (MDNS). However, the effectiveness of the bioswale is questioned because of the soil conditions on -site. The MDNS states: At the City's request, an independent review of the adequacy of the drainage system as proposed, has been conducted by Hammond, Collier & Wade - Livingston Associates, Inc. (HCW- L).... Recommendations of the June 28, 1993 HCW -L review shall be adhered to in the design and construction of the project unless otherwise agreed to and approved by the Departments of Public Works and Community Development. The June 28, 1993 HCW -L report states: We do not recommend relocation of a bioswale into the easterly, slide -prone areas of the site. While it may be technically possible for a bioswale to be constructed in this area, we have very strong concerns for the long -term stability of the existing hillside, and we recommend keeping off of this slope. The HCW -L report continues that it will be very difficult to sustain bioswale grass growth because of "poor sunlight exposure, high natural trees and proposed high walls on the southern exposure" and that the bioswale will have performances "that are unacceptable for long -term water quality protection and that other techniques such as wet vaults are more appropriate for this project." Another independent peer review report prepared for the City by Applied Geotechnology, Inc. reach a similar conclusion. Garry H. Squires and Donald E. Bruggers, engineers with Applied Geotechnology, Inc., indicated that the swale should not be located within the abandoned 43rd Avenue South right -of -way. Applied Geotechnology, Inc. also cautioned against locating any swale at the base of the hill where there would be a requirement for additional excavation. FOSTERVIEW ESTATES, EXHIBIT F PAGE 1 OF 1 Dujardin \FPExhF Dujardin's own geotechnical consultant, Terra Associates, Inc., has recently reexamined at this issue. (See Attachment 1 - Terra Associates, Inc. 2/10/99 Memo.) Terra Associates indicates that construction of the swale will require cutting into the hillside and indicates that from a geotechnical standpoint, "construction will not be feasible due to the potential for induced slope movements." Circumstances Beyond Duiardin's Control A second reason for eliminating the biofiltration swale is because of changed circumstances beyond the control of Dujardin. Subsequent to the design and construction of the wet vault and tightline system for the Fosterview plat, the City constructed a public drainage facility in the 44`h Avenue South right -of -way that captures stormwater from a significant drainage basin extending south up 44th Avenue South well beyond the Fosterview Estates boundary. Water from this off-site drainage basin is now captured by the City's recently installed catch basin, is piped through a manhole into the outlet structure of Dujardin's wet vault where the water joins water from the Fosterview Estates plat and continues down a tight -line in the abandoned 43 "{ Avenue South right - of -way. This water then flows into the area in which the bioswale would be built. As a result, the amount of water that is now traveling through the tight -line system down to the proposed site for the bioswale is several tunes greater than the stormwater from the plat itself. Given the additional flows from the upstream basin area that the City has directed into this pipe, the original design of the swale would have inadequate capacity for the total amount of stormwater. A substantially larger swale would be required and this would require substantial additional excavation. This is contrary to the recommendations made by Terra Associates as well as the City's geotechnical consultants. Wet Vaults Provide Adequate Treatment We have asked our civil engineer to provide his thoughts on this situation. That letter has been provided directly to the City, but a copy is attached. (See Attachment 2 - Erich 0. Tietze and Associates, Inc. 2/15/99 Letter.) You can see from his letter that wet vault construction does provide an equivalent water quality treatment and that the swale would be redundant. Request of the City Council Dujardin requests that the requirement for the construction of the bioswale be waived by the City Council. The treatment of the surface water is being accomplished by the installation of the wet vaults. Additionally, several geotechnical reports have recommended against construction of the bioswale because of the poor soil conditions. Because of Dujardin does not want to delay obtaining final plat approval and it was determined that the City Council must make the decision on deleting the bioswale, Dujardin has shown the biofiltration swale as it would exist if completed and has posted a performance bond to complete the bioswale if necessary (Bond No. 11133467602 for $16,536). If the City Council determines that the bioswale should be constructed, Dujardin will do so. If the City Council supports this request to eliminate the bioswale, Dujardin would be relieved of the construction and would request release of the submitted bond. FOSTERVIEW ESTATES, EXHIBIT F PAGE 2 OF 2 Dujardin\FPExhF EXHIBIT D DEMONSTRATION THAT THE FINAL PLAT IS IN COMPLIANCE WITH THE PRELIMINARY P ' E V , �D AND SEPA CONDITIONS ' R 0 7 2000 COMM LI;\Ti`y' COMPLIANCE WITH THE PRELIMINARY PLAT CONDi`PI(514- S8PMENT Note to Reader: This narrative is provided for purposes of demonstrating that the final plat is in compliance with the preliminary plat conditions and SEPA conditions. References are made to plans and documents that have been submitted to the City. These plans and documents include the following: Final Plat Map, CC&R's, and Conformance Set- Supporting Plans for Demonstrating Conformance and Compliance with. Preliminary Plat Approval. City Council Preliminary Plat Conditions The following conditions are numbered 1 - 20 as adopted by the City Council on May 9, 1994. 1. That south 137`1' Street which bisects the property, have 40 -foot right of ways, 30 -feet of pavement curb to curb, and 5 -foot easements on either side. Comment: The Applicant has met this condition as indicated on the land altering permit civil drawings. The improvements have been installed and have been inspected by City staff as part of the land altering permit process The final plat map also indicates the 40 -foot right of rvays and 5-foot easements on either side, with some additional easement areas for utility vaults (See ErhibitA - Final Plat Sheet 3 of dated 02-07-00). 2. The width of pavement for 43re Place shall be 24 feet; The width of right of way for 43`d place shall be 24 feet; A 10 -foot wide utility easement shall run along the south side of 43 "{ Place South and shall contain a five -foot wide sidewalk. Comment: The Applicant has met this condition as indicated on the land altering permit cirnl drawings. The improvements have been installed and have been inspected by City staff as part of the land altering permit process (See Exhibit - Final Plat Sheet 3 of 4 dated 02-07-00). 3. That TMC, Section 17.24.040(g)(4) be implemented: for through lots, a 15 -foot rear yard buffer of native vegetation shall be provided. Comment: The through lots are identified as lots 21,22 and 23 (previously known as lots 22, 23 and 24 on the preliminary plat) The Applicant has posted a performance bond (Bond No. 11133467727) for planting the required 15 -foot rear yard buffer of native vegetation after house construction. The planting will be installed in accordance with the Landscape Plan and ry 11 be inspected by the City prior to release of the performance bond. A 36inch tall split rail fence, as Fosterview Estates - Exhibit D Page 1 of 13 Dujardin \FPExhD indicated on the Landscape Plan, will also be installed at the western edge of the buffer to delineate the buffer of native vegetation. The native vegetation buffer is also indicated on the final plat. (See Exhibit E- Landscape Plan Sheet L2.3 dated 02-02-00 and Exhibit - Final Plat Sheet 3 of 4 dated 02.07.00). 4. The Applicant shall prepare, and the Directors of the Departments of Community Development z and Public Works and the City Attorney shall approve, a performance bond for project phasing _ �' prior to Final Plat approval. The purpose of the bond is to protect on and off site properties ft 2 from unforeseen circumstances related to the development. The performance bond shall last for 6 D a two -year period and commence from the completion date of each phase. v O' .. moo: Comment : The Applicant prepared proposed bond language rvhich was . by the . J = Directors of the Departments of Community Development and Public Works m u. and the City Attorney. Prior to the issuance of any building permit for the w O construction of homes in the plat, the building permit applicant shall post this 2� � Q 5. performance bond in the amount of$SO, 000. The bond shall remain in full D force and effect for a period which shall last two years following the date that = Ci the building permit final inspections are signed off for the specific homes i zi.-: constructed pursuant to said building permit. In the event that one builder z O rvill be building all of the homes and each nery phase rvill start at the w iij completion of the earlier phases, then the same bond may be used to cover this D 0 Dp obligation but the expiration of the bond shall be emended so that it shalllast U O for a two -year period from the building permit final inspections for the last 0 I— home so permitted. If the bond expires before a home is built on each lot in = v t-_ the Fosterview Estates subdivision, a new bond must be issued before building : permits are issued for home construction on such remaining lots The purpose . Z of this bond is to protect on and off -site properties from erosion, siltation or 0 I . similar project related problems as the result of unforeseen circumstances , Z during home construction. 5. Hold harmless language including relationships to future slope instability, shall be prepared by the Applicant and reviewed by the City Attorney, the Departments of Public Works and Community Development. Such language shall be included in the Final Plat documents and in each property deed. Comment: The Applicant prepared hold harmless language including relationships to future slope instability and the proposed language was reviewed and approved by the City Attorney, the Departments of Public Works and Community Development. The language has been included on the Final Plat and in the CC &Rs. (See Exhibit - Final Plat Sheet 4 of 4 dated 02-07-00 and Exhibit B - CC &Rs pg. 24 dated 02-09-00). 6. The Director of Community Development shall recalculate the bonus density calculations based on the street widths of the Final PRD and require that total density be adjusted accordingly. Comment: The Director of Community Development has revierved the Final Plat Mylar for compliance rr7th this condition and has approved the density (40 lots) Fosterview Estates - Exhibit D Page 2 of 13 Dujardin \FPExhD 7. Lot widths through 9, shown on the Final Plat. It should be noted that although this condition references bonus density, bonus provisions are not included in this development. Rather, the development transferred the allorved density from the sensitive areas to the buildable area of the development. The condition was met at preliminary plat approval and remains unchanged. for perimeter lots shall be a minimum of 50 feet. Perimeter lots include: Lots 1 Lots 14 through 19, Lots 25 through 28; Lots 32 through 35 and Lot 41. Comment: All perimeter lots have been shoran on the Final Plat rvith a minimum rvidth of SO feet. It should be noted that the Final Plat contains only 40 lots versus the 41 lots approved in the preliminary plat As such, the lot numbers have been renumbered and the perimeter lots norvinclude: Lots 1- 8, Lots 13 -18, Lots 24 -27, Lots 31 - 34 and Lot 40. (See ErhibitA- Final Plat Sheet 3of4dated 02-07-00). 8. Lots that are on the perimeter of the development have a required front yard setback of 20 feet if the front yard faces the perimeter; side yard setbacks that are equal to Tukwila R -1 Code; and a back yard setback equal to Tukwila R -1 code if the back yard faces the perimeter of the development. Comment: The required setbacks are shown on the Street and Grading Plan in the Conformance Set/Supporting Drarvings. (See Exhibit E- Sheet P1.5 dated 02- 02-00). 9. The 20 -foot utility access easement proposed along a portion of the north property line beginning at the east edge of the right -of -way to be vacated and running westerly a distance of approximately 124 feet, shall be labeled as: "20 -foot public utility and pedestrian access easement ". Comment :: The required 20-foot public utility and pedestrian access easement has been delineated and labeled on the Final Plat. (See ExhibitA Final Plat Sheet 3 of 4 dated 02-07-00). 10. The Final Plat be conditional upon satisfactory BAR review as required to TMC 18.46.060(g). Comment: As part of the Council's December 1993 approval, the Council required satisfactory BAR review. The BAR review and recommendation was completed in early 1994 and then considered by the Council in Apri11994. Conditions A and B belory are a result of this process. 10a. That a mixture of Western Red Cedar or some other similar coniferous tree be installed at the rear of lots 22, 23, 24 and at the front of lots 2 and 3, (to replace proposed deciduous trees); and that all additional trees specified in Section I and II (Planning Commission Report) be a representative mixture of either native or introduced, fast growing coniferous trees. Dujardin \FPExhD Fosterview Estates - Exhibit D Page 3 of 13 Z ;f- w cL J U; C.) 0: co 0, cn W= J � N w IL Q. 512 ci: Z 1, .111 uf gyp: o� •O p � :w w. — V- 0 • wz U co; •O 10b. The maximum achievable ground cover be achieved and that the planting exhibit vigorous growth both at the time of planting and throughout the period of guarantee, which shall become a condition of the Final Plat approval. Comment: The Applicant has completed the portions of this landscaping that are located in the Phase 1 landscaping area. The interior and street facing edges of the lots rvill be planted follorving home construction (Phase 2landscaping) The planting rvhich has occurred is in accordance with the approved Landscape ' � Plan, including these additional conditions All additional planting rvill also be 2 in accordance rvith the approved Landscape Plan. A maintenance bond has v v 0 been posted for the completed landscaping (Bond No. 11133467750) and to 0 performance bonds have been posted for the Phase 2 landscaping (Bond No. w z 11133467719, 11133467727, 11133467735, and 11133467743). All w o landscaping will be inspected and approved by the City prior to release of these uj 0 bonds. (See Exhibit E- Landscape Sheets L1.0 and Ll. l dated 02. 02.00) �. gQ 11. That the Final Plat be conditional upon staff providing Council with satisfactory evaluation of = v. w the off site perspectives or a modification to the planning requirements as required in Legal z Conditions in 18.46.060(0(1). 1- 0 z Comment, As part of the Council's December 1993 approval, the Council required : g ul satisfactory evaluation of the offsite perspectives. The Planning Commission v 0 reviewvand recommendation of this issue was completed in early 1994 and then '0 N` O H; considered by the CounciI in April 1994. Conditions A belorvis a result of this w w evaluation process. 1-- v z'. 11a. Add 6 trees to meet the coverage requirements per TMC, Section 18.46.060(0(1). Trees v to shall be planted at the front of lot 2, and at the rear of lots 9, 14, 16, 17 and 18. The tree types shall be specified by the Department of Community Development. z Comment: Six trees have been planted to meet the coverage requirements of TMC, Section 18.46.060(0(1) Red Sunset Maple trees, as specified by the Department of Community Development, have been planted at the front of lot 1 and at the rear of lots 8,13, 15, 16, and 17 (formerly 9, 14, 15, 16 and 17). (See Exhibit E- Landscape Sheet L1.1 dated 02-02-00). 12. A 5 -foot high, black color- coated chain link fence shall be erected along the north property line from the Southgate Park boundary eastward on top of the bulkhead or rockery, and a dense hedge be planted on the property immediately north of the site. Comment: The Applicant met rvith the property owners along the north property line from the Southgate Park boundary eastward to discuss the improvements along the north property line. At the request of the property owners, a keystone rvall has been built north of the subject site on the adjacent owners property Instead of on the shared property linej. A dense six-foot tall evergreen Pyramidalis hedge has been installed immediately north of the subject site. A 5 -foot high, black color coated chain link fence has been erected along the north property Fosterview Estates - Exhibit D Page 4 of 13 Dujardin \FPExhD line from the Southgate .Park boundary eastward. (See Exhibit E- Landscape Sheet L1.1 dated 02-02-00 including note indicating this homeowners landscaping treatment request) 13. Landscaping: Street trees shall vary between conifers and deciduous. Minimum sizes will be 2 1/2 " caliper; or 8-10 feet high. Comment: The street trees on the perimeter of the site have been installed and vary between conifers and deciduous trees. The minimum size requirement has been met. A performance bond for the internal street trees has been posted as part of the Phase 2 landscaping. Landscaping installation rvill occur follory ng construction of the homes on the adjacent lots. The internal street trees will also vary between conifers and deciduous trees. The City rvill hold the performance bonds until the trees are installed and then inspected and approved b y the City. (See Exhibit E- Landscape Sheet L1.1 and L 1.5 dated 02-02-00). 14. Additional trees shall be provided as shown on Exhibit 2 of the City Council packet dated April 25, 1994. Comment: The referenced Exhibit 2 is the same Exhibit 2 as provided in the December 1993 Council packet. The landscape plan was revised following the December 1993 approval to meet this condition. The revised landscape plan was discussed at the April 1994 Council proceedings and it was determined that the revised landscape plan ryas consistent rvith the requirements of this condition. The landscape plan continues to meet this requirement. (See Exhibit E- Landscape Sheet L1.1 dated 02-02-00). 15. The Final Wetlands Mitigation /Enhancement Plan is for the roadway crossing and buffer reduction. The plan must be provided to and approved by DCD prior to issuance of Land Altering Permits. Recommended vegetation must include a diversity of trees compatible with existing vegetation. The Final Wetlands Mitigation Plan shall contain the following at a minimum: A. The amount of clearing and grading proposed for the roadway crossing at the watercourse and any grading within the associated wetland/buffer areas including cross - sections showing areas of disturbance; B. A report which describes: • The purpose of the enhancement /restoration; • The areas to be enhanced /restored; • How the areas will enhanced /restored; • The selected plantings for roadway crossing and buffer reductions; • When the enhancement will occur; • A 2 -year maintenance /monitoring program. Fosterview Estates - Exhibit D Page 5 of 13 Dujardin \FPExhD z re J 0'. 00 'rnw• J CO u. (.12a xw, • O: z ww; 0; '0 = V' wcr H �} z Comment: A final rvetland mitigation /enhancement plan was prepared by Terra Associates on March 13, 1996 and approved by the City. The City inspected the planting on June 10, 1999. By its June 15, 1999 letter, the Cityacknorvledged that the enhancement plan had been correctly implemented rvith a minor exception in regard to some missing plants These missing plants have been installed and a bond has been posted for maintenance and monitoring for the required 2 -year period (Bond No. 11133467768). 16. Should a sign be proposed at some future date, the design shall be reviewed by DCD to ensure it is in keeping with the overall design of the project and that it is sited so as not to obstruct visibility to vehicles. Comment: The Applicant has not submitted an application for a sign and ackno rvledges that a sign proposed at a future date will be rev erved by DCD for compliance with this condition. 17. Street lighting shall be redesigned to be more in keeping with the residential character of the area. The final design shall be administratively approved by DCD. Comment: The street lighting has been redesigned and was approved by City staff on June 4, 1998. The electrical design and layout was prepared byArmstrong Engineers for Service Electric and includes "Centrecon Poles and GE Luminaire" fixtures. The streetlights have been installed and were inspected and approved by the State Department of Labor and Industries on October 1, 1998 (L &Iproject # 1243420). (See detail on Exhibit E- Street and Grading Plan sheetPl.5) 18. The discrepancy between the Landscape Plan and Grading Plan related to areas to be held in open space easements shall be corrected. The correction shall accurately delineate the boundaries of these areas. The revised Landscape Plan and Grading and Street Plans must be consistent and provided prior to issuance of Land Altering Permits. Comment: The Applicant corrected the discrepancy during the land altering permit review to ensure that the Landscape Plan and Grading and Street Plans accurately delineated the boundaries of the open space easement areas and TractA and B. These areas to be held in open space easements are shown on the Final Plat (See ExhibitA - Final Plat Sheet 3 of 4 dated 02-07-00). 19. The developer shall erect a permanent three -foot high split -rail wood fence along the boundaries of all open space easement locations prior to any grading. Comment:. Prior to any grading, the Applicant installed a permanent three-foot high split rail wood fence along the boundaries of Tract and B. The fencing has been maintained and signs have also been posted on the fence approximately every 100feet to indicate the need to protect the open space. Fosterview Estates - Exhibit D Page 6 of 13 Dujardin \FPExhD z z ire 6".. 0. .0 0, „no,. w i. J H V) Li. • • O: wD • z t3 10 N' = U; ti•Z' O~ z • 20. The final Conditions, Covenants, and Restrictions shall be submitted with the Final Plat application and shall include a revised legal description which specifically describes open space easement areas. Comment: The Applicant has prepared final Conditions, Covenants, and Restrictions (CC&Rs) language rvhich specifically describes the open space easements area and Tracts A, B and C, including allowed use of these areas. These area are also indicated on the Final Plat for legal description purposes. (See Exhibit B - CC&R's dated 02-09-00 and Exhibit - Final Plat dated 02.07.00) Fosterview Estates - Exhibit D Page 7 of 13 Dujardin\FPExhD Amended SEPA Mitigated Determination of Non - significance Fosterview Estates L92-0066. DRAINAGE Mitigation Conditions: z 1. Wet vaults in addition to a biofiltration swale shall be constructed. The bioswale assists in the _ H; removal of conventional pollutants while wet vaults provide for some filtering and settlement , ' .H w prior to discharge into the proposed drainage system. The biofiltration swale shall be located 6 D, within the 43"' Avenue S. right -of -way. Shade - tolerant plant species shall be used to ensure plant v O survival and function of the biofiltration swale. Wet vaults shall be easily accessible by co 0 maintenance vehicles and designed in accordance with the King County Surface Water Design w = Manual. w u. w0 Comment: Three rvet vaults have been constructed as shown on Civ l Sheet 01. The biosrale has 2 not been constructed but is secured for construction by a performance bond (Bond g Q No. 11133467602). (See Ci v l Drawing Sheet C -1 dated 02.02 -00) N = d Please note that as part of the final plat approval process, the applicant is requesting z w H that the City Council allory deletion of the biosrale as being redundant and ".. _ p, inconsistent with geotechnical recommendations w w: Do All runoff and drainage from the on -site drainage system shall be discharged directly to the p N;. proposed storm drainage improvements proposed on 43 "1/44`h Ave. S. right -of -way. The cl t spreaders shown on conceptual plans shall be omitted. The final design of the system will be = v updated to accommodate underground springs volumes uncovered during construction of the u. ~O roadways. w Z;. co Comment: All runoff and drainage from the on site drainage system has been designed and 1 i installed to discharge directly to the storm drainage improvements onto 45d/44h z Avenue South right- of -rvays (See Exhibit E- Civil Drarving Sheet 01 dated 02.02.00) The run off and drainage from the retaining rvall subterranean collection systems is designed to recharge the wetlands and ground water as outlined in memo from the City dated 1-25-99. TRAFFIC - VEHICULAR Mitigation Condition: 1. A guardrail shall be installed along 42"' Avenue South immediately north of the S. 137th Street access point into the subdivision as shown on drawings received April 26, 1993. Comment: The guardrail has been installed byPetersen Brothers per the current design manuals of the Washington Department of Transportation (See Exhibit E- CYv l Drarr' ng Sheet 01 dated 02.02.00) Dujardin \FPExhD TRAFFIC - PEDESTRIAN Mitigation Condition: 1. A pedestrian walkway shall be installed along S. 137`1' Street from 44`'' Avenue South to Macadam Road. The City shall be responsible for the design and installation of the walkway and drainage improvements. The Applicant shall reimburse the City for '/a of the total amount of construction and inspections costs. Based on pedestrian path costs of the last two years, the anticipated cost would be a total of w ce : $60,000. The total amount to be paid by the developer shall be $30,000. Improvements include 750 lineal feet of walkway with drainage (covering the ditch for the pedestrian path) needed for v about 2/3 the length. The pedestrian path unit costs have averaged $18 /foot and drainage cost co cn w have averaged $33 /foot at 500 feet. Comment:. The Applicant aid the City (thirty N 0 pp p ty $30, 000 (thir thousand dollars) at issuance of the land � O altering permit. J. u. Q: (A d> SLOPE STABILITY Mitigation Conditions: I- ._ Prior to Issuance of Land Altering Permits ? 0. z� 1. To avoid future slope instability both during and after site development and to ensure proper LL1 u construction of cuts and fills, the Applicant shall provide a slope stability analysis which 0' demonstrates that the proposed fills on slopes, to be designed, are stable. The analysis shall O N` 0 !- accompany applications for land altering permits and shall be evaluated be peer review prior to w w, permit issuance. Should the results of the stability analysis require significant design changes to ►_- 0 the Preliminary Plat, the Preliminary Plat must be revised and new hearing shall be required. z Comment: Terra Associates pro tided a slope stability analysis during the land altering permitting 0 = - process. These reports along with construction monitoring reports are provided in a 3 O ring binder dated December 11, 1998 and amended on October 22, 1999. Terra Z Associates has also prepared a rvritten response to the Shannon & Wilson peer review comments (see October 1999letter). The issue of slope stability has been specifically addressed in the Terra Associates letters In addition, Terra Associates has certified the proposed home development plan and has prepared updated slope stability analyses dated January 28, 2000. O; 2. A geotechnical engineer of record shall be retained throughout the construction phase(s) of the project and shall monitor earthwork and review the final design and building specifications for all lots to assure conformance to the recommendations contained in the geotechnical reports prepared by Terra and Associates as listed on the previous page. Comment: Terra Associates provided monitoring of the earth rvork and provided written findings and recommendations during the grading activity. In accordance rvith the required House Development Plan, Terra Associates is in the process ofrevierving the final design and building specifications for all of the lots to assure conformance to the recommendations contained in the geotechnical reports (See ExhibitA - Final Plat Fosterview Estates - Exhibit D Page 9 of 13 Dujardin \FPExhD Sheet 4of4 dated 02. 07. 00 and Exhibit E- Home Development Plan Sheet P1.0 dated 02- 02-00) 3. The developer's engineer shall prepare for review by Terra and Associates, and the City, detailed cross sections in all planned fill areas indicating how the fill will be keyed, benched, and drained as recommended in the Terra geotechnical report. A typical detail shall be prepared illustrating the geotechnical engineer's recommended key at the toe of all proposed fills on slope. a Calculations supporting adequate safety factors against slope instability shall be provided for W' review by the City. 6 D Comment: The Applicant met this condition during the land altering perm/ t process The site 0 o construction ryes reconstructed with structural fill and inspected by Terra Associates vi w The approved LAO plans include detailed cross sections indicating ho; r, the filis keyed Benched and drained as well as a detail illustrating the recommended key at the 0 LU O toe of all proposed fill slopes: Calculations supporting adequate safety factors against slope instability are provided in tali 9 of the Terra Associates findings. dated October w Q.. 22, 1999 and ainendedJanuary28, 2000. Terra Associates findings' are prosidedin a 3 .c a ring hinder dated December 11, 1998 and amended October 22, 1999, and Janwu y 28, 200n . Z I- 0 .Z 4. The developer's engineer in conjunction with the geotechnical engineer shall prepare detailed g w. o design cross - sections addressing subdrainage provisions for fills placed on slopes and underlain by v lacustrine deposits. 'O ;o f-. Comment : Terra Associates provided the slope stability analysis through the land altering permit u.3 v process. The LAO phuis short- detailed cross sections thdicating how the fill is keyed, .w benched, and drained as well as a detai 1 illustrating the recommended key at the toe of Z! all proposed fill slopes. On site observation ryas performed by Terra Associates to H insure that this procedure ryas irnplemented correctly. Terra Associates findings are provided in a 3 ring binder dared December 11, 1998 and amended October 22, 1999 and January 28, 2000. 5. The developer's geotechnical engineer shall review the foundation details and comment on the need for connecting individual footings or supporting the houses on post - tensioned slabs as a possible means of reducing potential for differential settlement of the structures. Comment: Conditions for home construction will be in accordance with the required House Development Plan. These lot specific packages will be forrvarded to the City on an individual lot by lot basis when rve submit for a single family home permit. The geotechnical of record will provide lot specific letters for each lot foundation design. The final plat includes a note/condition to address this issue. (See ExhibitA - Final Plat Sheet 4 of 4 dated 02 -09.00 and Exhibit E- Home Development Plan Sheet P1.0 dated 02-02-00) 6. Construction monitoring by the geotechnical engineer shall be provided, with written confirmation provided to the City that all work has been performed in accordance with the geotechnical recommendations. Fosterview Estates - Exhibit D Page 10 of 13 Dujardin \FPExhD Comment: Terra Associates provided monitoring during site construction and transmitted rvritten confirmation that all rvork ryas performed in accordance with the geotechnical recommendations. In those instances rvhere work was not proceeding according to the geotechnical recommendations, Terra Associates provided recommendations for corrective actions and these have been completed. These documents' are included in a 3 ring binder dated December 11, 1998 and amended October 22, 1999. 7. The proposed earth cuts and rockery along the existing road right -of -way for 42" `{ Ave. S. (behind Lots #1, 2 & 3) shall also be reviewed by the geotechnical engineer to assure lateral stability of the existing roadway and the new road and utility improvements. Comment: Compliance rvith this condition has been met through the specific permitting process of the keystone rvall that was installed at the access drivervay for lots I and 2 (Permit No. MI98 0009). Please note that lot 3 has been deleted. Terra Associates provided monitoring during this development improvement construction and submitted rvritten conformation that all rvork ;vas preforrned rich the geotechnical recommendations. This letter is dated November 7, 1997. This document is included in a 3 ring binder dated December 11, 1998 and amended October 22, 1999. During Construction 8. Boundaries of Tracts A and B (as shown on Exhibit C) shall be flagged and fenced to prevent intrusion during construction. Sloped areas (Exhibit C) shall also be delineated and a barrier fence erected prior to clearing and grading. Fencing locations shall be inspected by the City prior to land clearing. All fencing damaged due to construction shall be immediately replaced during the construction phase. Comment: The boundaries of Tracts A and B were flagged to prevent intrusion during site construction. The boundaries of these tracts are also identified by a permanent split - rail fence to ensure that these areas are not disturbed during construction of the single- family homes. 9. Grading activity shall be outside of the drip line of preserved trees as shown on the approved landscape plan. Comment: During site construction of the approved storm and server utility lines, grading activity occurred rvhich resulted in the disturbance and removal of trees that rvere identified for preservation during the preliminary plat review. In consultation rvith the City, and following staffs briefing to the Community and Parks Committee, the Applicant replaced the trees ata 2:1 ratio (see SEPA condition 10. belorv). (See ExhibitE- Landscape Plan Sheet L1.4 and LI.Sdated 02-02-00) 10. Vegetation to be retained per the approved landscape plan shall be replaced at a 2:1 ratio if disturbed during any phase of construction. Comment: 74 trees that rvere to be retained rvere disturbed during construction. The Applicant has replaced these trees at a 2:1 ratio (148 nery trees - Includes a Dujardin \FPExhD Fosterview Estates - Exhibit D Page 11 of 13 ..,..,. variety of Cedar, Alder and Big LeafMaple) 6 trees in the watercourse buffer area have also been replaced at a 2:1 ratio (12 new Western Red Cedar). (See Exhibit E - Landscape Plan Sheet L1.4 and L1.5 dated 02-02-00) 7 Fosterview Estates - Exhibit D Page 12 of 13 Dujardin \FPExhD Following Construction 11. Permanent visible markers shall be placed to delineate the boundaries of Tracts A and B where adjacent to single - family lots and rights -of -way. Comment. Permanent visible markers• have been placed delineating the boundaries of tracts & B. These signs have been posted on the fence approtirnatelyevery 100 feet as well as along the rights of wy.indicating the need to protect the open space. Dujardin \FPExhD Fosterview Estates - Exhibit D Page 13 of 13 k,...\. Dujardin Development C/O Bill Fowler P. O. Box 1059 Snohomish, WA 98291 �1 .1 . -ter �.I .i j i a Is � 1 . �! •� • I. F' flit 11 11 1 11 cj 1 L' .' t, i l!�'il!' il�tlll�i�'� ( 1�. t11� March 8, 2000 RE: Site Visits Per The City of Tukwila's Request date 3/7/00 Dear Bill: This letter is being provided as part of the requirements imposed by the City of Tukwila for site visitation and monitoring of the Fosterview project during the winter months. The purpose for this monitoring is overall site observation for water and drainage control to insure the site weathers the winter months in accordance with the design specifications. 1 1 visited the site today beginning at 2:00 p.m., the temperature was approximately 50 degrees, sunny. I walked the entire site and noticed the following conditions: 1. There are not changes fromnhe previous walk through. 2. The landscape crew is on site cutting the grass and replacing some of the winter planting. This letter is being forwarded to you for review, and a c ? esy copy is being sent directly to Jim Morrow at the city for review as well. Should you have y questions or comments, please do not hesitate to call, Sincerely, n Kapple sident c.c. Jim Morrow 14311 SE idth Street . Be1evue, WA 98007 1.800.888.4517. (425)641.5320 lax: (425)641.5318 J0218Foste[view Site Visit.doc www kayplerhomepians.com z • • w JU o o w .w w w =; w lL: w 0. g a- —D, i•-_ • .Z w, :0 ;o `o 0; U =( • O F" ' z Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director RE: Fosterview Estates Subdivision L99 -0018 Final Plat Application Dear Neighbor, Dujardin Development Company has filed application for final plat approval of a 40 lot subdivision located between 42 "d and 43rd Avenue South at South 137"' Street in the City of Tukwila, known as Fosterview Estates. The City will be holding a public information meeting on March 14, 2000 at the Tukwila City Council Chambers, 6200 Southcenter Boulevard, from 6 to 8 p.m. This will be an informal opportunity to meet with the applicant and City staff to ask questions, review the project information and discuss the City Council decision criteria. Written comments may be submitted at this meeting. Opportunity for additional oral and written public comments will be provided at a public hearing before the City Council tentatively scheduled for April3`d. The hearing is open to the public and everyone interested in the project is invited to attend. When the date has been finalized additional notice will be provided by mailing to neighboring properties and posting the site. To be added to the mailing list call the project planner Nora Gierloff at (206) 431 -3670. If you have any questions or would like additional information on this project please call me at the City of Tukwila Planning Division, (206) 431 -3670. Sincerel Nora Gierloff Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 FOSTERVIEW ESTATES — LAO Bonds Final Plat Bonds } d :.,...:- Description :, ., . Amountf ; _ Lengtti Bond; No. Submittal : ` : 'Date : Releas'eDate LAO BONDS: Installation and completion of clearing, grading and land altering as per City of Tukwila approved plans. Cost = $ No. 11141570637, continued to 6/21/00. (Requested release 2/3/00) Bond = $224,000.00 ) Construct bioswale. Cost = $11,024 Bond = $16,536 (150% of cost) LAO final through construction (if required by Council). No. 11133467602 11/16/99 Remove embankment along the north side of 137th Street and construct retaining wall. Cost = $189,550 Bond = $284,325 (150% of cost) LAO final through construction (if required by Council). No. 11133467610 11/16/99 (Requested release 1/26/00 and 2/3/00; see bond No. 11133467818 below) Final lift of paving on roads. Cost = $32,151 Bond = $48,226.50 (150% of cost) LAO final through construction. No. 11133467628 11/16/99 Site steps along 44th Avenue (adjacent to lot 40). Cost = $7,538 Bond = $11,307 (150% of cost) LAO final through construction. No. 11133467636 11/16/99 FINAL PLAT BONDS: ' Phase II Landscape and installation. Note: The Phase II landscaping for the individual houses has been separated into 4 bonds - see below). Plant & labor cost = $152,616.00 ($3,815.40 per house) Bond = $228,924.00 (150% of cost) Final plat through installation, inspection and acceptance of planting. 2/3/00 Phase II for Lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33, 34. Cost = $45,784.80 ($3,815.40 x 12 lots) No. 11133467719, issued 1/20/00. Expires 3/01/01. 2/3/00 Bond = $68,677.20 (150% of cost) Phase II for Lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23. Cost = $41,969.40 ($3,815.40 x 11 lots) No. 11133467727, issued 1/20/00. Expires 3/1/01. 2/3/00 Bond = $62,954.10 (150% of cost) Y: \W P\ DUJARDIN\FINALPLATDOCSB.AMN.DOC Descrition'.:: = , . - . p Amount :: Len g tti :: g Bond No. Submittal Date ReleaseDate Phase II for Lots 18, 19, 20, 24, 25, 26, 35, 36, 37, 38, 39. Cost = $41,969.40 ($3,815.40 x 11 lots) No. 11133467735, issued 1/20/00. Expires 3/1/01. 2/3/00 Bond = $62,954.10 (150% of cost) Phase II for Lots 27, 28, 29, 30, 31, 40. Cost = $22,892.40 ($3,815.40 x 6 lots) No. 11133467743, issued 1 /20 /00. Expires 3/01/01. 2/3/00 Bond = $34,338.60 (150% of cost) Phase I Landscape maintenance - assure that plantings exhibit vigorous growth both at the time of plantings and throughout the period of guarantee -- Council condition 10. (Include site landscaping and tree replacement; not wetland planting). Cost of Phase I planting and labor = $39,415.00 Bond = $7,883.00 (20% of total plant and labor costs) 2 years from City inspection and acceptance. No. 11133467750, issued 1/20/00. Expires 1/20/02. 2/3/00 Wetlands mitigation maintenance, monitoring program, and contingency - Council Condition 15. Cost of plants and labor = $19,583.62 Bond = $5,900.00 (15% of total plant costs, labor and maintenance 2 years from City inspection and acceptance. No. 11133467768, issued 1/20/00. Expires 1/20/02. 2/3/00 Site monitoring and restoration for erosion control and groundwater seepage. Bond = $150,000.00 (bond amount set by City - see letter from J. Morrow) From release of current clear and grade bond through commencement of home construction. ` No. 11133467776, issued 1/20/00. Expires 1/20/01. 2/3/00 Three asphalt driveways. Lots 1 and 2, Lots 31 and 32, Lots 33 and 34. (Council Condition 1., 7. Correction Notice). Cost of materials and labor = $3,450.00 Bond = $5,175.00 (150% of cost) No. 11133467784, issued 1/20/00. Expires 1/20/01. 2/3/00 Modified retaining wall along north side of 137th.. Cost of materials and labor = $30,226.00 Bond = $45,339.00 (150% of cost). No. 11133467818, issued 1/26/00. Expires 1/26/01. 1/31/00 Y:\\' VP\DUJARDIN\FINALPLATDOCSB.AMN. DOC ' 2 Z H Z • w a � J U U0 J= H w0 u. Q co d. 1-w Z� 1- 0 Z I- LL/ U U. O� U F.- w LI 0 • w Z Z Anna Nelson, 05:53 PM .,2 /01/20, Fosterview Estate^ X- From_: ANelson @BUCKGORDON.COM Tue Feb 1 17:56:16 2000 From: Anna Nelson <ANelson @BUCKGORDON.COM> To: Nora Gierloff <ngierloff @ci.tukwila.wa.us> Cc: Brent Carson <BCARSON @BUCKGORDON.COM> Subject: Fosterview Estates Date: Tue, 1 Feb 2000 17:53:26 -0800 X- MS- TNEF- Correlator: < 9F1D92C952CBD211BA3200A0C9E9E2F21EB022 @BGXCHNG2> _ W 00 CO o LLI * The basic character of the PRD is unchanged. Ili I Fosterview Estates is still planned as a single family detached neighborhood. The road layout and streetscape, with homes fronting on a tree -lined street with sidewalks remains unchanged. The open space areas have not changed, except that Tract C will now be owned by the homeowner's rather than dedicated to the City. The density and the size of the lots is essentially the same (one lot has been deleted due to topographic engineering constraints). * The arrangement of structures is unchanged. The arrangement of homes in this neighborhood is the same as in the final plan that was reviewed and approved by City Council. The homes still front the street, with the front entry closer to the street while reducing the dominance of the garage. In addition, the goal of minimizing the "garagescape" is improved by providing more detail on the front fagades and by strengthening the pedestrian entry way. The homes still contain a two story fagade at the street and in some cases, still have a three story fagade at the rear. The building footprints are similar, d are placed on the lots in the same arrangement as in the final plan and the setbacks remain the same. The building massing is similar and there continues to be landscaping on all edges of the property. * The building designs do not contain major architectural changes. The neighborhood will continue to contain wood frame homes that will vary between three and four bedrooms. The following exterior characteristics are the same as the previous home designs; pitched roofs with a variety of color choices, horizontal /bevel siding and accented gables with colors in a similar light hue, exterior decks, a street facing main entry, and a two car garage. While there have been some changes to the precise dimensions of the structures, these are due to a change in the final grading plan and they do not change the basic character or arrangement of structures approved in the final plan. Nora - Outlined below is the information we promised you on why the house designs are a minor adjustment. Call me if you need anything else. Thanks! Anna Nelson Buck & Gordon LLP Seattle, Washington (206) 382 -9540 anelson @buckgordon.com Printed for Tukwila Department of Community Development <tuk... 1 mu_ w0 ga =Cl. I- Ili Z Z o. uj np O • — wW wz • o 01- z TUKWILA MUNICIPAL CODE such permitted use, are allowed within the LDR district. 1. Adult day care and adult family homes. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a sep- arate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f.' the units ' are not sold as condo- miniums. 3. Family child care home. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above- mentioned animals shall be allowed on the same lot. (Ord. 1758 §1(part), 1995) 18.10.040 Conditional uses. The following uses may be allowed within the LDR district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Cemeteries and crematories. 2. Churches and community center buildings. 3. Electrical substations — distribution. 4. Fire and police stations. 5. Libraries, museums or art galleries (public). 6. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. 7. Radio, television, microwave, cellular or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. (Ord 1758 §1(part), 1995) 18.10.050 Unclassified uses. The following uses may be allowed within the Low Density Residential district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of TMC 18.66, Unclassified Use Permits: 1. Landfills and excavations which the res- ponsible official, acting pursuant to the State Environ- mental Policy Act, determines are significant envi- ronmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5 Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord 1865 §6, 1999; Ord 1816 51, 1997; Ord 1758 §1(part), 1995) Commerical Redevelopment Area that propose the uses and standards of an adjacent commercial zone. (See TMC 18.60, Board of Architectural Review) (Ord 1865 57, 1999) Page 18 -24 File: L 99 -0018 5mm • Drawing #1 :fr4r� -mow lf,ER ARC 1,4 Nora Gierloff City of Tukwila Planning Department 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 I C 9 ( \ti p. 1�Y your co illy(ete fio111eyITcl.11n 1 nj resource March 11, 1999 RE: Final Plat Application Project description and analysis Item Number 12 of the Complete Application Checklist Dear Nora, RECEIVED CITY OF TUKWII.A. MAR 1 1 1pe. PERMIT .GEN1; r, With this letter we are submitting for the final plat application for Fosterview Estates. We are '. providing a written description of the project consistency with each decision criteria of the city councils finding date May 9, 1994 for preliminary plat as well as the amended SEPA mitigated determination of non significance for Fosterview Estates L92 -0066 dated May 9, 1994. COMPLIANCE WITH THE PRELIMINARY PLAT CONDITONS I. The findings of the city council for the preliminary plat were as follows: Pages 1, 2, 3 4 and 5 discussed findings and conclusions. In the middle of page five conditions are imposed. These conditions are numbered 1 — 20. Our responses will follow this numbering system for clarity. 1. That South 137th Street which bisects the property, has 40 -foot right of ways, 30 -feet of pavement curb to curb, and 5 foot easements on either side. 13400 Trot-ditty Way East, Suite 33 . BetTevue, W . 98005 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 www.kayyfer(tomeyfaus.com V: :U O: • -CD o • W =: J I... CO LL •wo'. • LL L ¢: •= d: •z • E- o•• .w o ;off:; 'w — LL • O; •w UN: • 'z 3. That TMC, Section 17.24.040(g)(4) be implemented: for through lots, a 15 foot rear yard buffer of native vegetation shall be provided. Answer: We have met this condition as indicated on the land altering permit civil drawings. The through lots are identified as lots 21,22 and 23. See Civil drawing sheet C -1 dated 1- 12 -99, C -5 dated 1 -19 -99 and the final plat mylar, the landscape installation drawings sheet L2.3 and L2.4 dated 1- 12 -99. 4. The applicant shall prepare, and the Directors of the Departments of Community Development and Public Works and the City Attorney shall approve, a performance bond for project phasing prior to final plat approval. The purpose of the bond is to protect on and off site properties from unforeseen circumstances related to the development. The performance bond shall last for a two year period and commence from the completion date of each phase. Answer: The applicant has prepared performance bond language and has submitted for the city attorneys review. See letter from Brent Carson to the City dated 3 -4 -99. �w 6 UO. cn J I w• 0 g a. w � a =W t— _ z� 1- 5. Hold harmless language including relationships to future slope instability, shall be w uj prepared by the applicant and reviewed by the City Attorney, the Departments of Public 2 Works and Community Development. Such language shall be included in the Final Plat 0 a documents and in each property deed. o 1: w w I g: O. wz U N 6. The Director of Community Development shall recalculate the bonus density calculations z based on the street widths of the Final PRD and require that total density be adjusted accordingly. Answer: The applicant has prepared hold harmless language and has submitted for the city's review This has been reviewed and approved by city staff. See fax transmittal dated 11 -9 -98 to Nora Gierloff and Bob Noe. Answer: We have met this condition as part of the land altering permit documentation. This process has been reviewed and approved by the city staff as indicated in letter from city dated 1- 18 -96. 7. Lot widths for perimeter lots shall be a minimum of 50 feet. Perimeter lots include: Lots 1 through 9, Lots 14 through 19, Lots 25 through 28; Lots 32 through 35 and Lot 41. Answer: Per correspondence dated 6 -22 -98 with the City, we have deleted one lot. This was lot 3 of the preliminary plat. Therefore beginning with lot 4 all lot numbers shift down by one. The perimeter lots are now identified as 1— 8,13 —18, 24 — 27, 31— 34 and 40. We have met this condition and all perimeter lots have a minimum width of 50 feet. See Civil drawing sheet C -1 dated 1 -12 -99 and the final plat mylar. 8. Lots that are on the perimeter of the development have a required front yard setback of 20 feet if the front yard faces the perimeter; side yard setbacks that are equal to Tukwila R -1 C0399 01NoraGierloff.doc Page 2 of 10 Code; and a back yard setback equal to Tukwila R -1 code if the back yard faces the perimeter of the development. Answer: Per correspondence dated 3 -28 -98 with the City, the setbacks have been reviewed and requirements set per City of Tukwila We have met this requirement and the setbacks are as outlined on sheets A2.0 — A2.9 dated 1- 12 -99. 9. The 20 foot utility access easement proposed along a portion of the north property line beginning at the east edge of the right of way to be vacated and running westerly a distance of approximately 124 feet, shall be labeled as: "20 foot public utility and pedestrian access easement ". Answer: We have met this condition as is shown on the land altering permit civil drawings. See Civil drawing sheet C -1 dated 1- 12 -99, C -5 dated 1 -19 -99 and the final plat Mylar. 10. The final plat be conditional upon satisfactory BAR review as required to TMC 18.46.060(g). 10a That a mixture of Western Red Cedar or some other similar coniferous tree be installed at the rear of lots 22, 23, 24 and at the front of lots 2 and 3, (to replace proposed deciduous trees); and that all additional trees specified in Section I and II (Planning Commission Report) be a representative mixture of either native or introduced, fast growing coniferous trees. Answer: We have met this condition as indicated in the landscape implementation plans. See sheet L1.1 and L2.0 — L2.9 dated 1- 12/99. 10b The maximum achievable ground cover be achieved and that the planting exhibit vigorous growth both at the time of planting and throughout the period of guarantee, which shall become a condition of the final plat approval. Answer: We have met this condition as indicated in the landscape implementation plans. See sheet L1.1, L1.5 and L2.0 — L2.9 dated 1- 12/99. We have a 2-year bond in place on the landscaping and have an agreement in place for maintenance. 11. That the final plat be conditional upon staff providing Council with satisfactory evaluation of the off site perspectives or a modification to the planning requirements as required in Legal Conditions in 18.46.060(t)(1). 11 a. Add six (6) trees to meet the coverage requirements per TMC, Section 18.46.060(f)(1). Trees shall be planted at the front of lot 2, and at the rear of lots 9, 14, 16, 17 and 18. The tree types shall be specified by the Department of Community Development. C0399 01NoraGierloff.doc Page 3 of 10 Answer: Per correspondence dated 6 -22 -98 with the City, we have deleted one lot. This was lot 3 of the preliminary plat. Therefore, beginning with lot 4 all lot numbers shift down by one. The lots these trees should now be planted on are identified as 2,8,13,15,16, and 17. We have met this condition as indicated in the landscape implementation plans. See sheet L1.1, L1.5 and L2.0 — L2.9 dated 1- 12/99. 12. A 5 -foot high, black color - coated chain link fence shall be erected along the north property line from the Southgate Park boundary eastward on top of the bulkhead or rockery, and a dense hedge be planted on the property immediately north of the site. Answer: We have met this condition as indicated in the landscape implementation plans. Also, agreement was made via correspondence and site meetings with the immediate north property owners per letter dated December 16, 1998. See sheet L1.1, L1.5 and L2.2 dated 1- 12/99. 13. Landscaping: Street trees shall vary between conifers and deciduous. Minimum sizes will be 2 %2 " caliper; or 8 -10 feet high. Answer: We have met this condition as indicated in the landscape implementation plans. See sheet L1.1, L1.5 and L2.0 — L2.9 dated 1- 12/99. 14. Additional trees shall be provided as shown on Exhibit 2 of the City Council packet dated April 25, 1994. Answer: We have met this condition as indicated in the landscape implementation plans. See sheet L1.1, L1.5 and L2.0 — L2.9 dated 1- 12/99. 15. The Final Wetlands Mitigation/Enhancement Plan is for the roadway crossing and buffer reduction. The plan must be provided to and approved by DCD prior to issuance of Land Altering Permits. Recommended vegetation must include a diversity of trees compatible with existing vegetation. The Final Wetlands Mitigation Plan shall contain the following at a minimum: a. The amount of clearing and grading proposed for the roadway crossing at the watercourse and any grading within the associated wetland /buffer areas including cross - sections showing areas of disturbance; Answer: We have met this condition as is shown on the land altering permit civil drawings. See Civil drawing sheet C -2, C -3.0, C3.1 dated 1- 12 -99, A -2.7, A -3.0 dated 1 -12- 99. The most current complete description of this area is in the request for relief document and exhibits in letter from Brent Carson dated January 18, 1999. b. A report which describes: 1. The purpose of the enhancement/restoration; 2. The areas to be enhanced /restored; 3. How the areas will enhanced/restored; C0399_01NoraGierloff.doc Page 4 of 10 4. The selected plantings for roadway crossing and buffer reductions; 5. When the enhancement will occur; 6. A 2 -year maintenance /monitoring program. Answer: We have met this condition as is shown on the final wetland midigation/enhancement plan prepared by Terra & Associates and approved on March 13, 1996. 16. Should a sign be proposed at some future date, the design shall be reviewed by DCD to ensure it is in keeping with the overall design of the project and that it is sited so as not to obstruct visibility to vehicles. Answer: We have not requested that such a sign be installed. Should a sign be proposed, it would be offered under a separate permit as required by this council condition. 17. Street lighting shall be redesigned to be more in keeping with the residential character of the area. The final design shall be administratively approved by DCD. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -5 dated 6 -5 -96. Further, a completely new electrical design and layout was prepared by Armstrong Engineers for Service Electric. This plan included "Centrecon Poles and GE Luminaire " fixtures. This was submitted to the city for review on 5 -4 -98 and approved by the city on 6 -4 -98. L & I inspected the project under # 1243420 and signed off on the installation on 10 -1 -98. 18. The discrepancy between the Landscape Plan and Grading Plan related to areas to be held in open space easements shall be corrected. The correction shall accurately delineate the boundaries of these areas. The revised Landscape Plan and Grading and Street Plans must be consistent and provided prior to issuance of Land Altering Permits. Answer: This item was addressed via the land - altering permit. We have met this condition as indicated on the land altering permit civil drawings. See civil drawing sheet C -3.0, C -3.1, C -3.2 C -3.3 dated 1 -12 -99 Further, the revised landscape plan has been coordinated with the civil engineering document for consistency. This issue has been reviewed and approved per letter from City dated 1- 18 -96. 19. The developer shall erect a permanent three -foot high split -rail wood fence along the boundaries of all open space easement locations prior to any grading. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -3.0, C -3.1 dated 1- 12 -99. The fence is in place and being maintained 20. The final Conditions, Covenants, and Restrictions shall be submitted with the Final Plan applications and shall include a revised legal description which specifically describes open space easement areas. C0399 01NoraGierloff.doc .. Answer: The applicant has prepared the final Conditions, Covenants, and Restrictions language and has submitted for the city's review. The CC &R's are dated 2 -9 -9. This language responds to all of the City's proposed revisions as set forth from letter from City dated 10- 28 -98. II. The following are the amended SEPA Mitigated Determination of Non - significance for Fosterview Estates L92 -0066. Drainage Conditions: 1. Wet vaults in addition to a biofiltration swale shall be constructed. The bioswale assists in the removal of conventional pollutants while wet vaults provide for some filtering and settlement prior to discharge into the proposed drainage system. The biofiltration swale shall be located within the 43`d Avenue S right -of -way. Shade - tolerant plant species shall be used to ensure plant survival and function of the biofiltration swale. Wet vaults shall be easily accessible by maintenance vehicles and designed in accordance with the King County Surface Water Design Manual. Answer: This item was addressed in the original LAO. We have met this condition as is shown on the land altering permit civil drawings. See Civil drawing sheet C -8, C -9, dated 1- 15 -99. Three wetvaults have been constructed. However the bioswale shown on Sheet C -8 and C -9 dated 1- 15 -99, has not yet been constructed. We have requested confirmation of the bond amount in a letter and attachments from John Kappler dated February 17,1999. We will have this bond in place prior to council consideration of final plat. We have requested relief from the bioswale requirement in a letter from Brent Carson dated 1- 18 -99. 2. All runoff and drainage from the on -site drainage system shall be discharged directly to the proposed storm drainage improvements proposed on 43`d/44`h Ave S right -of -way. The spreaders shown on conceptual plans shall be omitted. The final design of the system will be updated to accommodate underground springs volumes uncovered during construction of the roadways. Answer: This item was addressed in the original LAO. We have met this condition as is shown on the land altering permit civil drawings. See Civil drawing sheet C -8, C -9, C -10, , C -11, dated 1 -15 -99 and C -17 dated 1- 12-99. The run off and drainage from retaining wall subterranean collection systems is designed to recharge the wetlands and ground water as outlined in memo from the city dated 1- 25 -99. Traffic Vehicular Condition: C0399 01NoraGierloff.doc Page 6 of 10 z az- w ce 2 JU 00• 0 wi • LL, w0 z� z o. 2 D. o co. CI I. ui H U:, 11 0 o. Z ui U N` 0 ~. z 1. A guardrail shall be installed along 42nd Avenue South immediately north of the S. 137th Street access point into the subdivision as shown on drawings received April 26, 1993. Answer : A guardrail has been installed along 42 "d Ave South immediately north of the South 137" access point. The location of the guardrail has been installed by Petersen Brothers per the current design manuals of the Washington Department of Transportation. This standard does differ slightly from the approved April 26, 1993 drawings and subsequent land altering permit documentation Sheet C-5 dated 1- 19 -99. The engineer of record per Gary Barnett's request is reviewing this condition. The conclusion of this review will be forwarded to the City upon its completion. The guardrail will be relocated if the City so concludes. Traffic Pedestrian Condition: 1. A pedestrian walkway shall be installed along S 137th Street from 44th Avenue South to Macadam Road. The City shall be responsible for the design and installation of the walkway and drainage improvements. The applicant shall reimburse the City for 1/2 of the total amount of construction and inspections costs. Based on pedestrian path costs of the last two years, the anticipated cost wold be a total of $60,000. The total amount to be paid by the developer shall be $30,000. Improvements include 750 lineal feet of walkway with drainage (covering the ditch for the pedestrian path) needed for about 2/3 the length. The pedestrian path unit costs have averaged $18 /foot and drainage cost have averaged $33 /foot at 500 feet. Answer: The applicant will reimburse the City up to $30, 000 - (thirty thousand dollars), upon confirmation that the improvements have been installed and the city has confirmed the cost. Slope Stability Conditions: Prior to Issuance of Land Altering Permits 1. To avoid future slope instability both during and after site development and to ensure proper construction of cuts and fills, the applicant shall provide a slope stability analysis which demonstrates that the proposed fills on slopes, to be designed, are stable. The analysis shall accompany applications for land altering permits and shall be evaluated be peer review prior to permit issuance. Should the results of the stability analysis require significant design changes to the Preliminary Plat, the Preliminary Plat must be revised and new hearing shall be required. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -3.0 dated 1- 12 -99. Terra & Associates have provided the slope stability analysis through the land altering permitting process. These reports along with construction monitoring C0399 01NoraGierloff.doc Page 7 of 10 / Z re LAI 0 Q ws J w0 fL)a tu zI- 1— 0 Z n o. o -i o1-. w w; U LL �� o z iii U=, reports are provided in a single 3 ring binder dated December 11, 1998 that has been specifically prepared for a final peer review as requested by the Department of Public Works. See page 2. A geotechnical engineer of record shall be retained throughout the construction phases of the project and shall monitor earthwork and review the final design and building specifications for all lots to assure conformance to the recommendations contained in the geotechnical reports prepared by Terra & Associates as listed on the previous page. Answer: Terra & Associates have provided the slope stability analysis through the land altering permitting process. These reports along with construction monitoring reports are provided in a single 3 ring binder dated December 11, 1998 that has been specifically prepared for a final peer review as requested by the Department of Public Works. See page 3. The developer's engineer shall prepare for review by Terra & Associates, and the City, detailed cross sections in all planned fill areas indicating how the fill will be keyed, benched, and drained as recommended in the Terra geotechnical report. A typical detail shall be prepared illustrating the geotechnical engineer's recommended key at the toe of all proposed fills on slope. Calculations supporting adequate safety factors against slope instability shall be provided for review by the City. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -3.0 dated 1- 12 -99. Terra & Associates have provided the slope stability analysis through the land altering permitting process. These reports along with construction monitoring reports are provided in a single 3 ring binder dated December 11, 1998 that has been specifically prepared for a final peer review as requested by the Department of Public Works. See page The developer's engineer in conjunction with the geotechnical engineer shall prepare detailed design cross - sections addressing sub - drainage provisions for fills placed on slopes and underlain by lacustrine deposits. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -3.0 dated 1- 12 -99. Terra & Associates have provided the slope stability analysis through the land altering permitting process. These reports along with construction monitoring reports are provided in a single 3 ring binder dated December 11, 1998 that has been specifically prepared for a final peer review as requested by the Department of Public Works. See page 5. The developer's geotechnical engineer shall review the foundation details comment on the need for connecting individual footings or supporting the house post- tensioned slabs as a possible means of reducing potential for differential settlement of the structures. Answer: These specific site conditions for the home construction will be reviewed upon the completion of specific home design foundations. These lot specific packages will C03990 1 NoraGierloff.doc Page 8 of 10 be forwarded to the city on an individual lot by lot basis when we submit for a single, family home permit. The geotechnical of record will provide lot specific letters for each lot foundation design Further, as part of the revised land - altering permit drawings we have provide overall architectural site plans for reference. 6. Construction monitoring by the geotechnical engineer shall be provided, with written confirmation provided to the City that all work has been performed in accordance with the geotechnical recommendations. Answer: The slopes stability analysis has been provided through the land altering permitting process by Terra & Associates. These reports along with others are provided in a single 3 ring binder dated December 11, 1998 which has been specifically prepared for a final peer review as requested by the Department of Public Works. See page 7. The proposed earth cuts and rockery along the existing road right -of -way for 42nd Ave S (behind lots 1, 2 & 3) shall also be reviewed by the geotechnical engineer to assure lateral stability of the existing road way and the new road and utility improvements. Answer: This condition has been met through the specific permitting process of the keystone wall that was installed at the access driveway for lots 1 and 2. Please note that lot 3 has been deleted. The slopes stability analysis has been provided through the land altering permitting process by Terra & Associates. These reports along with others are provided in a single 3 ring binder dated December 11, 1998 which has been specifically prepared for a final peer review as requested by the Department of Public Works. See page During Construction 8. Boundaries of Tracts A and B (as shown on Exhibit C) shall be flagged and fenced to prevent intrusion during construction. Sloped areas (Exhibit C) shall also be delineated and a barrier fence erected prior to clearing and grading. Fencing locations shall be inspected by the City prior to land clearing. All fencing damaged due to construction shall be immediately replaced during the construction phase. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -2 dated 1- 12 -99. 9. Grading activity shall be outside of the drip line of preserved trees as shown on the approved landscape plan. Answer: This condition has been reviewed and approved through a tree replacement mitigation process. See letter from the city dated 10- 21 -96. See Landscape installation drawing sheet L -1.0, L -1.4 dated 1- 12 -99. C0399 01NoraGierloff.doc Page 9 of 10 z r z re .J U0 U 0 CO w. w= Ww w O. = d; 2 z�-. I- O' z g D. o- 0 1- ww: IL a 1--U w Z: U N. z See letter from John Kappler dated 7 -24 -98 regarding Phased approach to installation of replacement trees. 10. Vegetation to be retained per the approved landscape plan shall be replaced at a 2:1 ratio if disturbed during any phase of construction. z �z Answer: This condition has been reviewed and approved through a tree replacement oc mitigation process. See letter from the city dated 10- 21 -96. See Landscape installation drawing sheet L -1.0, L -1.4 dated 1- 12 -99. See letter from John Kappler dated 7 -24 -98 regarding Phased approach to installation of replacement trees. Following Construction 11. Permanent visible markers shall be placed to delineate the boundaries of Tracts A and B where adjacent to single - family lots and rights -of -way. Answer: We have met this condition as indicated on the land altering permit civil drawings. See Civil drawing sheet C -2 dated 1- 12 -99. Permanent visible markers have been installed per this requirement. Should you have any questions or comments, please do not hesitate to call. Attachments: Letter dated January 18, 1996 from city to Bill Fowler — itemized list Letter dated June 22, 1998 from city regarding deleting one lot Letter dated October 28, 1998 regarding CC &R's Letter dated February 17, 1999 from John Kappler regarding bond Memo dated January 25, 1999 from city regarding drain systems Letter dated October 21, 1996 from city regarding tree replacement Letter dated July 24, 1998 regarding tree replacement Letter dated November 16, 1998 from John Kappler regarding Phase 1 of Landscaping C0399 01NoraGierloff.doc Page 10 of 10 moo; w=. W0 wj zd w' Z�.: z0 �o O N, CI I- w w' 0. Z'. 0~ Z ERICH 0. TIETZE AND ASSOCIATES, INC. Engineers and Consultants 18530 76th Avenue West Suite 8 Edmonds. WA 98026 425- 771.6212 FAX 425- 775 -0236 Ms. Nora Gierloff Planning Department City of Tukwilla 630 South Center Blvd. Tukwilla, WA 98188 Reatic v1.0 D FEB 1 8 1999 BUCK & GORDON SUBJECT: Biofiltration Swale for Fosterview Estates Dear Ms. Gierloff: I have been asked by the proponent of this project to provide some background information and recommendations with regard to the bioswale that was originally proposed in the approved plans for this project. Initially, bioswales were proposed at several places on the proposed site to provide bionitration of runoff from the site. In'addition to the location of the bioswale approved on the design drawings, other bioswales were proposed along the north border of the site. After several meetings with the City staff and the geotechnical representative for the project (Terra Associates), it was agreed by all that the stability of the slopes on the north property line would be affected if bioswales were constructed at the toe of the slopes. In lieu of bioswales, wet vaults were proposed to provide bioftltration. Such components are an acceptable substitute for bioswales. Even though the proposed wet vaults will adequately treat the water quality of the runoff from the site, the City still required a bioswale to be constructed as proposed on the approved plans. Such a facility is redundant but was accepted by the proponent of the project, subject to the limitations stated by Terra Associates to limit the creation of unstable slopes above the bioswale and in the ravine below. The bioswale was sized for the two -year storm flow from a 0.9 -acre portion of the site after detention was provided. As proposed in the approved plan, the runoff from this portion of the site has been diverted from an existing 18 -inch culvert discharging to the ravine to the existing roadside ditch along the abandoned roadway of 43'd Avenue South. This diversion was proposed to relieve some of the erosion potential in the ravine. The 18 -inch culvert was to continue to discharge flow to the ravine from the creek on the site and the City's roadside ditch tong South 44th Street that collects upstream runoff from approximately 10 acres south of the site. After construction had begun, it became apparent that the slope conditions in the vicinity of the proposed bioswale were not as anticipated from the topographic survey. Curs into the upside slope would be required to construct the bioswale. This will require the removal of several stabilizing trees and removal of the toe of the slope that holds the proposed development of the site. (Please see the latest letter from Terra Associates). The most significant reason for deleting the requirement for the bioswale is that subsequent to approval of the plans, the City has completed a major drainage improvement project for the area upstream from the site. Runoff from this area has now been diverted by the City to the roadside ditch where the bioswale is proposed. By diverting this flow from the 18 -inch culvert to the ravine, the erosion potential in the ravine has been reduced, but the significant increase in flow has made the original bioswale design meaningless. If the bioswale were to be redesigned for the 2- year flow from the undetained diverted tributary area, the bioswale would have to be increased considerably in size both in length and width. Both of these adjustments would serve to eliminate the gains in ravine stability that the diversion of flow provides. In addition, it would destabilize the upslope area where the project has been constructed. Due to the change in circumstances and the redundancy of the bioswale, it is strongly advised that the City delete the requirement for the bioswale. The bioswale as presently designed will not provide a biotiltration service due to the increase in the 2 -year storm flow. The bioswale is not needed for water quality treatment since the wet vault EXHIBIT F ATTACHMENT 2 ERICH 0. TIETZE AND ASSOCIATES, INC. Engineers and Consultants 18330 78th Avenue West Suits 8 Edmonds, WA 98026 425 -771 -8212 FAX 425. 775 -0238 accomplishes this. Furthermore, an increase in the bioswale's proposed size will have a net n impact on the area. negative environmental If you should have any questions, please fire to call. Very truly yours, Erich O. Tietze and Associates, Inc., Erich O. Tietze, P.E. President Cc: Brent Carson, Buck and Gordon John Kappler, Kappler Architects EXHIBIT F (Attach. 2, pg 2) } • W • JU O., Cr: N.Wi .W :Nu; '{L Ji rn �� =d .H W. Z 1— F- O' •Z W tL . • :1 U N• • February 17, 1999 Nora Gierloff City of Tukwila 1800 Southcenter Blvd Suite 100 Tukwila, WA 98188 RE: Fosterview Bonding issues. Dear Nora, On February 3, 1999, I forwarded you a letter that identified 6 items that were not yet resolved as part of the LAO package. I have re- listed these items as they are items that we wish to bond in presenting for final plat approval to the city council. Two of these items, we are looking for relief from city council, however we want to establish bond amounts for these issues. Separate letters from Brent Carson regarding this relief will be sent. We would like to have these bonds in place for city council approval, should relief not be granted. They are specifically regarding items one and two below. 1. Bioswale. We have provided a letter from Kirtley Cole dated Feb 15, 1999 which substantiates the cost of this construction at $10,600.00 2. Retaining wall along South 137th Street. We are currently negotiating this contract with several contractors. We will not have a final bid until after the permit is issued and all scopes of work are completely defined. We will provide follow up as soon as we receive it. 3. Site steps along 44`h : we are providing a letter from Kirtley Cole, date February 5, 1999, that has a complete cost analysis for these site steps as designed and submitted by our office for the revised LAO package. This cost is estimate is $6,532.00. 4. Phase 2 of the plant landscape plan (tree replacement). This phasing plan was previously worked out with staff and implementation of this plan simply needs to be provided. ALI Landscape and Irrigation estimates the cost of phase 2 of the final plat landscaping, excluding home construction, at $7, 800.00. 5. Paving of the lower portion of the access road; this portion of the lower access road we would like to not have to pave until the dryer summer months. We feel there would be a greater success rate as the substrate materials will be dried and the paving will have a much better chance of success. We are providing an estimate for this paving from Kirtley Cole dated February 5, 1999 at $1,870.00 Job File �..:.. 6. Installation of drains along access roads: through correspondence with Gary Barnett it was felt that the installation of French drains was needed along the access roads. This has clearly been incorporated into the new LAO package on the civil engineering drawings. We do however feel that the installation of these drains ,would be much better after the home construction. This is based on machinery rolling over French draining systems may cause damage or potential silting. Therefore we would like to ask that this French drain be installed at the completion of the home construction process. We have provided a letter from Kirtley Cole dated February 5, 1999, that substantiates the cost of this construction at $4,830.00. Nora, should you have any questions or comments, please do not hesitate to call. Sincerely, John Kappler Encl. CC: Bill Fowler, Dujardin Development Brent Carson, Buck & Gordon • • TERRA ASSOCIATES, IncRECEIVED Consultants in Geotechna cal Engineering, Geology d FEB 1 j mg Environmental Earth Sciences BUCK R• GORDON To: From Subject: Brent: Brent Carson Buck & Gordon, LLP Kevin P. Roberts, P.E. Terra Associates, Inc. Eastern Bioswale Fosterview Estates Tukwila. Washington MEMO February 10, 1999 Project No. T- 1515 -2 As requested. we prepared this memo to provide additional comments regarding bioswale construction in the eastern site margin and the potential adverse impacts to the eastern site slopes. Review of Sheet C -9, dated July 23, 1993. indicates the proposed 100 -foot long bioswale will have a maximum width of 15 feet and will be constructed with 3:1 (Horizontal:Vertical) side slopes. Rockeries ranging to a maximum height of approximately four feet will be constructed along the upper western edge and along a portiun of the eastern edge of the bioswale. Earlier general comments regarding the feasibility of constructing the bioswale are contained in our Ietter dated February 23, 1993. In that letter, we concluded that the existing drainage ditch could be modified to function as a drainage swale, provided no excavation occurred into the adjacent hillside. Construction of the rockery located along the western edge of the bioswale will result in cuts into the hillside approaching five feet in height. Because of the relatively -low strength of the fine - grained soils, these soil cuts will be potentially unstable, and there will be an associated risk of mobilizing the slope above the bioswale. Accordingly, from a geotechnical standpoint, construction of the bioswale as currently planned will not be feasible due to the potential for induced slope movements. If you have any questions or require additional information. please call. 7 tit Kevin P. Roberts, P.E. cc: Bill Fowler, Dujardin Development Company John Kappler, Kappler Architects Erich Tietze, Erich 0. Tietze and Associates, Inc. 1 25 25 Willows Road, Suite 101, Kirkland, Washington 98034 • Phone (425) 821 -7777 000208 EXHIBIT F ATTACHMENT 1 \i- )11 A PA. v t' !!► f' c 1' I' C rl 0 il( r' ((.1 11 January 28, 2000 Dujardin Development C/O Bill Fowler P. O. Box 1059. Snohomish, WA 98291 RE: Site Visits Per The City of Tukwila's Request date 1/27/00. Dear Bill: i . ;' I I � : s' This letter is being provided as part of the requirements imposed by the City of Tukwila for site visitation and monitoring of the fosterview project during the winter months. The purpose for this monitoring is overall site observation for water and drainage control to insure the site weathers the winter months in accordance with the design specifications. I visited the site today beginning at 1:00, the temperature was approximately 45 degrees, sunny day — it hasn't rained in two days. I walked the entire site with Gary Bumpstead and noticed the following conditions: 1. Lot 1 on the back side of the large keystone wall there is a 10 foot section of silt fencing that has fallen down, it simply needs to be put back up and tied back to the wire. There is not a breach. 2. All of the storm drawings have had new hay bails placed around them and seem to be in good shape. 3. Straw has been place on all the open areas as previously discussed.( 4. The trash debre on the site has been removed. 5. Street needs to be swept and cleaned up but it has been suggested that we wait until the completion of the punch list items from the Power Company. 6: The temporary street markings are partially complete, they still need to be finalized. 14321 SZ 16rI Street . Bellevue, WA 98007 1.800.888.4517. 1420 41.5320 . fax: 425)641.5318 J0100 33Dujardin Site Visitl- 27.doc „nvw.kayyi'er rans.cam :.. • Z • �Z • ce JU: • 10 07-Y .0 U` •tA W. W w o' Nom. _-_, z o: D o` fo = U: 1 O: w Z' O ~' z This letter is being forwarded to you for review, and a courtesy copy is being sent directly to Jim Morrow at the city for review as well. Should you have any questions or comments, please do not hesitate to call. onsultants-in Geotechnical Engineering, Geology, • • . • • ; Environmental Earth Sciences Mr2Bill Fowler • Dujardin Development Company P.O. Box 1059 Snohomish, Washington 98291 - • . ,•. . . -Dear Mr. Fowler: January 28, 2000 ' Project No. T-1515-2 • • • . As 'requested,: we conducted slope stability analyses for various locations at the Fosteryiew, project site in TukNivila. These analyses were conducted to evaluate stability characteristics of the site in its existing 6onditiOn. „Theie.lodations are areas where SlgtiifiCant fills have been placed on sloping portions of the property or large but.; have been made The locations of the cross-sections we analyzed and the existing and original topography of the - site are shown on Sheet L., Sheet 2'shows the sections we analyzed These sections identify the existing,ground- .surface and the original:gradei prior to site grading. They also show the various soil layers-and properties used in . We previously conducted geotechnical studies for this project and presented information regarding the subsurface , • • .,. ' conditions in our reports dated August 11; 1990, and December 22, 1992 S construction phases Of:this:project. ' 'Prior to starting site grading; we conducted slope stability analysis and • consultation and construction monitoring Seri/ices: to you and your consultants for the planning, design., and , , ''-d. ,:.:' , :; .' ince 1990, ' we also ided ,proy. ri ' - presented our results in a report dated July 25, 199. • . •• -, „ . . • . • 'Arialysie for Current Conditions ,• , During :site , grading,. some uncontrolled fillS,•were placed on the slope: in the area of Lots .3 through 20 Subsequently; these fills were removed and replaced by crushed recycled concrete. Also, in the area of Lots 35 'through 40, excavations were made into the hillside and subsequently backfilled with uncontrolled fills: Our analyses were conducted to evaluate the impacts of the earthwork discussed above, as well as the area of Lots 26 .• through 30 where excavations of Up to ten feet iriere.made. • , • . • • • .• , z z re tu2 -1 0 0 0 U) 0 ILI I ui 0 2 (LI a u±1 z I-0 z LIJ uj z 2 n • 0 • co O — • I- ILI ui . z t= 0 I- Based on out review of the subsurface information presented in our previous reports' and our observations during construction, -we prepared subsurface soil profiles and assigned properties to the, various, soil layers underlying the site and the fills placed on the site The'soil properties are shown on Sheet 1. • We conducted our-analyses using the computer program PCSTABL6..Using this computer program, we analyzed numerous. potential failure surfaces and established the minimum safety factors Shown- on Table A. Details of • soils' profiles,• properties, failure surfaces evaluated, and the computed safety factors are also attached ::. As shown:`. on :.Table :.A,: the'ininimum'safety factor obtained was significantly greater than .1.5 for all-conditions analyzed. • Current geotechnical practices suggest 'a, minimum safety factor of ,1.5 as being: •acceptable under static ::conditions:- Based on: our analyses, it is our opinion that the slopes on the site are' currently: stable and will remain stable �duririg the project construction, provided the recommendations presented in our reports are incorporated - :into ' project design and construction. Although- a safety factor greater than.' 1.5• was also obtained for the area ' of Lots 35. througli' 40,;'changes. in • - conditions are. possible Therefore,' we • recommend further evaluation of the conditions on these lots during- construction. At that time;, depending on the conditions observed, it may be necessary to remove some or all' of :the fills' and/or construct' some retaining structures. Any regrading in this area should'.be'no steeper than 2:5:1. (Horizontal Vertical): • Grading -and foundation plans _for..all residences should be reviewed by ,us and' we .recommend extending• a oundations' down to competent' native `soils or structural fills' placed above competent native soils "` Ne''trust the information:' presented )s'sufficient• for your: current needs. -If you -have any ;questions -or. require additions : en, eh:please call: Encl: : Sheet1 .- Site Plan ; - Sheet 2'- Slope Stability Analysis - `Table A -Results of Stability' Analysis . Slope Stability Analysis s Section A -A' through C -C' ,Project,No.•T- 1515 -2 .: Page No. 2 z w� w g, wiO o0' co Ca W = f-. co u_ w0 u_? co =w z� �o w~ w 0 O 21 CF-: w W. F- U. UO z --- ▪ Z . 0 F' z Minimum Factors of Safety (Modified Janbu.Method) Static B -B' Lipper Slope B- B'.Fill Wedge C -C' Entire Slope' C =C'. Recycled: Concrete Notes: - .A'horizontal acceleration of 0.17g; was `used for the stability. analysis.of.pseudostatic seismic: conditions } ' Project No. T- 1515 -2 01/24/00 17:04 FAX V 206 61 26 0675 BUCK & GORDON LLP BUCK :& GORDON LLP ZOO I06 902 WrERPRONT PLACE • 1011 WESTERN AVENUE SEATTLE, WASHINGTON 98104-1097 (206) 382-9540 • FACSIMILE (206) 626-0675 ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK. P.S. PETER L BUCK BRENT CARSON •JAY P. DERR • JOEL M. GORDON L: AMY L KOSTERLITZ KEITH E. MOXON SAMUEL W. PLAUCHE ADRIENNE E. QUINN SUSAN M. RIDGLEY EASACMILLE. Mr. Robert F. Noe Kenyon Law Firm 11 Front Street South Issaquah, WA 98027 Dear Robert: January 24, 2000 Or CouNstri. ALIZA C. ALLEN ICITTERIDOE OLDHAM PROJECT MANAGERS BRADLEY J.S. LILJEQUIST, AICP ANNA MARIE NELSON COMMUNITY RELATIONS MARGARET E POTTER RECEIVED J AN 2 5 2000 COMMUNITY • DEVELOPMENT I am writing to follow•up on the discussions we had with you and City staff on December 15,.1999 in regard to the processing of the final plat . . • As we discussed; Tukwila Municipal Code 17.14.030(C)(5) establishes as the fifth criteria for final plat ap royal thaethe plat is in conformance with the approved preliminary plat." At the meeting we sect the difference between the terms "conformance" and "compliance" and generally agre that the term conformance is directed at the plat layout (location of lots, r ads, etc.). The terjcornplian� is in regard to the how the final plat complies with the specifi conditions impsed by the City Council. The analysis below supports this approach to th final • . • plat review. • Explanation of Conformance Criteria, In order to demonstrate compliance with this criterion it is important to first address the • difference between a preliminary plat and a final plat and to compare the nature of final plat approval with approval of the preliminary plat. • A "preliminary plat" is deferred in the Tukwila code as: • a neat and approximate drawing of a proposed subdivision or short plat, showing • the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall . furnish a basis for the approval,or disapproval of the application TMC 18.06.636. This is nearly verbatim the definition set forth in the subdivision statute: • YAVAADUJARDIN \LI3N01240.AMN.DOC 01/24/00 17:05 AX 206'626 0675 BUCK & GORDON LLP' Mr. Robert F. Noe -2 • Q003/006 January 2, 2000 z "Preliminary Plat" is a neat and approximate drawing of a proposed subdivision. wiLl2 showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with. the requirements of this chapter. • 0 0 ' 1 . co LU Ill z. RCW 58.17.020(4). ' Both definitions specifically refer to the preliminary plat as an 'appro. ate CO u_ drawing" and focus on this drawing showing "the general layout" of the subdivision. In , . uj a comparison, a "Final Plat" is defined under the Tukwila Code and subdivision statute as fol ws: 2 u. < "Final Plat". means. the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections, and containing all 1.- II elements and requirements set forth in the subdivision code. z 1_ TMC 18.06.318 1 . . . . • 0 , 2 n Z I- IIJ w n C:3 0 11J IL). .2 0 I- LL PO: Z: eli " 0 r= I for "filing for record."' • z . "Final Plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all eliments and requirements set forth in this chapter and in local regulations ad pted under this chapter. RCW 58.17.020(5). Both these definitions refer to this as the "final drawing" and note tha. it is •• These:definitions reflect the two-step process taken by most jurisdictions through° the United States in regulating subdivision of land. The first step in the process involves a su ission of an "approximate drawing" which focuses on "the general layoue of the subdivision. The purpose of a. preliminary plat is to secure approval of the "design" of the subdivision; that is, to let the planning board (and its consultants and engineers) give preliminary consideration to the developer's proposals regarding the street layout and location of open spaces to be reserved. The lot layout depends on these Once the developer knows whether his street layout is acceptable, and what part of his land, if any, must be reserved for purposes other than lots, he can lay out his lots'. This creates the "design" of the subdivision. Consideration and demonstration of details of street profile&grades. public facilities. lot monuments, drainage. and similar matters can come later. Rathkoff, the Law of Planning and Zoning, §66.02[2] (emphasis added). YAWADUJARDIN LBN01240.MAN.DOC 01/24/00 17:05 FAX 206 6 0675 BUCK & GORDON LLP • Mr. Robert F. Noe a1004/006 - 3 = January 24, 2000 These definitions and the widely followed two stage subdivision process recognize that the preliminary plat drawings are to focus on the layout of the lots and streets. The details of constructing the subdivision, including such issues as site grading and street profiles, are left to the engineering drawings, which follow preliminary plat approval. This distinction is critically important because of the language of the fifth criteria for final plat approval which seeks confirmation that the final plat conforms to the preliminary plat. Because the preliminary plat is only an approximate drawing focused on the layout of the lots and streets (Le. the "design" of the subdivision) the issue of final plat conformance must be directed at conformance with the overall approved. subdivision "design or layout." Final plat review does not require precise conformance with engineering details such as site grading or street profiles. Rather, final plat review is exclusively for conformance with the approved preliminary plat (see 4/18/94 memorandum to Mayor /Council from Beeler). The other aspect of final plat conformance with the preliminary plat requires the developer to demonstrate compliance with the conditions of preliminary plat approval. In fact, it is the compliance with these conditions that is the heart and sole of final plat review: As noted by Professor Richard Settle: ii Preliminary plat approval is virtually always subject to conditions or requirements, such as the dedication of land for and the improvement of public facilities. Final plat approval is the means by which the performance of such requirements is enforced:' . . [The function of "final plat approval" is to determine that preliminary conditions have been satisfied or that an adequate bond has been posted to assure that they will be satisfied. Settle, Washington Land Use and Environmental Law and Practice, §3.2. Given this specific standard for review, it is generally recognized that once a preliminary plat has been approved, approval of the final plat is a ministerial act. _Anderson, Land Use Law, §25.13. Professor Settle has likewise discussed the comparison between the broad discretionary process of preliminary plat approval with the limited discretion in final plat approval: Preliminary plat approval is far more important and laden with regulatory discretion than final plat approval. Preliminary plat approval is virtually always conditioned upon the dedication of land and completion of improvements of streets, utilities and various other public Y, \VP\DUJARDN\LENO1240A1N.DOc " &- 01/24/00 17:06 FAX 206 626 06.7.5 BUCK & GORDON LLP Mr. Robert F. Noe • 11005/006 January 24, 2000 facilities. Final plat approval is the means by which the performance of these requirements is enforced. Since fulfillment of the requirements related to these various purposes [of final plat approval] are objectively ascertainable, the legislative body's decision to approve or disapprove a final plat is endowed with far less discretion than its decision at the preliminary plat stage. •• Settle, § §3.6(a) and (b). With this background, the conformance of the Fosterview Final Plat with the Preliminary Plat approval can be discussed: The Final Plat Conforms to the Overall Layout Approved in the Preliminary Plat A comparison of the approved preliminary plat with the proposed final plat reveals that the layout of the final plat is nearly identical to the approved ini location of the two main entrances into the plat at 42nd Ave. The overall street layout, with an internal circulation road i sac identified as S. 137th place is likewise the same The ar preliminary plat drawing. The and at. 44th Ave. S are identical. ed as 43rd Place S. and a cul -de- be set aside as open space, identified as Tract A and Tract B, has not changed. The overall layout of the lots in the proposed final plat likewise conforms with the preliminary plat. The one modification in the lot layout is the elimination of one lot that had been proposed in the northwest corner of the site. Grade and access constraints resulted in the consolidation of two of the proposed lots in this location. This is a minor changes thatidoes not effect the overall design of the subdivision. During the engineering review and construction process, revisions were made to some of the details of the street profiles and overall site grading plans from that shown in some of the drawings submitted with the preliminary plat map. For example, it was determined that a far more gentle roadway grade could be established through the site in comparison to the significant undulations that were first conceptualized in initial grading plans. The grades at the perimeter of . the subdivision have not changed. Again, specifics street profile and overall grading contours are anticipated to change during the detailed engineering and construction phases which follow preliminary plat approval. For this reason, these changes do not reflect any lack of conformity between the final plat and the approved preliminary plat layout. YAWPND IiAADRI \LDN0U40.AMN.DOC z �w re 6 .J o UO: - =` I-- u. wO J u.?. = d z� zo w ;O - I- ww u. w z. O~ z 01/24/00 17:06 FAX 206 6 06 ^4, Mr. Robert F. Noe BUCK & GORDON LLP kl Iilj 006/006 anuary 24, 2000 Compliance with Preliminary Plat Conditions There are two sets of conditions that were imposed on the preliminary plat. The Mitigated Detersaination of Nonsignificance (MDNS) approved for this project, and upheld on appeal by the city council, imposed one set of conditions. Another set of conditions were imposed directly through the decision of the city council approving the preliminary plat. As requested by the City in its December 22, 1999 letter, the Final Plat's compliance with each of the conditions in these two separate approvals will be provided with the final plat corrections. 1 understand that this is an acceptable approach and would appreciate your calling me to discuss as we anticipate submitting the final plat corrections later this week. YAVP DUJARDIN1L8N0124OA14J.DOC - 32nd St. S.E., Everett, WA 98205 .O. Box 1059, Snohomish, WA 98291 Everett Phone: (425) 334 -5018 From Seattle: (425) 743 -6140 FAX: (425) 334 -5041 DUJARDIN::DEVELOPMENT COMPANY AN ALLEGRE ENTERPRISE January 21, 2000 Mr. John Kappler 14311 SE 16th Street Bellevue, WA 98007 Dear John: The amount bid for providing three asphalt driveways, first to Lots 1 and 2, second to Lots 32 and 33 and third to Lots 34 and 35 is $3,450.jThis is based on the common driveways shown on sheets C3.1. Sincerely, William A. Fowler Vice President WAF/lkp development / construction / management DUJARD -204L0 • •,z :�QQ 2: W J U ':UO:. p • U) W • W I; W • • LLQ'• zI- �o U . ON. 11:1F W W; UN :,o ~ :z BUCK & GORDON LLP ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK, P.S. PETER L. BUCK BRENT CARSON JAY R DERR JOEL M. GORDON AMY L. KOSTERLITZ KEITH E. MOXON SAMUEL W. PLAUCH$ SUSAN M. RIDGLEY 902 WATERFRONT PLACE • 1011 WESTERN AVENUE SEATTLE, WASHINGTON 98104 -1097 (206) 382 -9540 • FACSIMILE (206) 626-0675 January 20, 2000 Mr. Steve Lancaster, Director Department of Community Development City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 OF COUNSEL ALIZA C. ALLEN K(TTERIDGE OLDHAM PROJECT MANAGERS BRADLEY J.S. L1LJEQUIST, AICP ANNA MARIE NELSON Re: Fosterview Estates - Modified Wall North of South 137th Street Dear Mr. Lancaster: COMMUNITY RELATIONS MARGARET E. POTTER I am writing to follow -up on previous correspondence and discussions regarding the retaining wall along the north side of South 137th Street and to advise you of Dujardin's intent in this matter in regard to the final plat corrections. As you are aware, during construction of South 137th Street, it became possible for Dujardin to reduce the grade of the road so that its final elevation adjacent to Tract B was six feet lower than indicated on the preliminary grading plans. As a result, the road could be constructed without building a large retaining wall along most of it and, in fact, was built with a sloped roadway embankment. This embankment partially extends into the adjacent water course buffer. Dujardin intends to remove the existing embankment and fill material that has been placed within the adjacent water course buffer area and construct a modified retaining wall adjacent to South 137th Street. The proposed modified retaining wall will replace the larger retaining wall that is currently being reviewed under Permit No. MI 98 -0236. The new wall (see attached plans) will be constructed at the edge of the water course buffer two feet north of the edge of the 40 -foot South 137th Street right -of -way. This new low retaining wall will be built with a maximum height of approximately three feet above grade at the culvert crossing. No work will occur within the water course and any fill material that has been placed within the water course buffer will be removed. The disturbed area will be revegetated with appropriate native plant materials following completion of the wall construction. I: \WP \Ul'JARDIN \LOI= IOOWAI.I. AMIN.DOC' z ~ W. re 6D. U• 0 ND • W I J W O, • J u. Q. to = O. LU . F— O z f-; W .1 v_ ILI O ~. • z Mr. Steve Lancaster January 20, 2000 Dujardin will not be requesting the Council to grant relief from the wall condition. Instead, Dujardin will comply with the preliminary plat approval by restoring the disturbed buffer area and installing a modified retaining wall. Since this proposal is a change in the revised LAO plans and pending building permit, Dujardin intends to revise the pending wall permit (Permit No. MI 98 -0236) and reduce the existing performance bond (Bond No. 11133467610 for $284,325.00), to reflect construction of a smaller wall. We will contact Jim Marrow directly to discuss the process for revising the pending permit and reducing the existing performance bond. As previously discussed, we understand that this is an acceptable approach and will convey this when the final plat is brought before the City Council. If you have any questions, please call me at 206. 382.9540. Enclosures cc: William Fowler John .Kappler ora Gierloff Jim Marrow l: \W P \DUJARDIN \L01'_ 100WALLAMN.DOC ' ..... - - . .;. JAN 13 2HO 'i UKVU :i..A !'Li Lit; WORKS Dujardin Development C/O Bill Fowler P. O. Box 1059 Snohomish, WA 98291 1 ' !' 1 ,i ii '1 7 ,1 �1 January 11, 2000 RE: Site Visits Per The City of Tukwila's Request date 1 /11 /00. Dear Bill: This letter is being provided as part of the requirements imposed by the City of Tukwila for site visitation and monitoring of the fosterview project during the winter months. The purpose for this monitoring is overall site observation for water and drainage control to insure the site weathers the winter months in accordance with the design specifications. Site crew's were mobilized and performing various task on the City's punch list. I visited the site today beginning at 2:30, the temperature was approximately 45 degrees, partly cloudy and light wind, with no rain. I walked the entire site and noticed the following conditions: 1. The overall site is in good condition. The drainage control systems are working however, the items that need to be rectified are being worked on. 2. There have been no changes since the previous site visit letter of 1/4/00. I am in contact with the geotechnical engineer and am making arrangements for the first geotechnical site visit. A report should follow shortly. This letter is being forwarded to you for review, and a courtesy copy is being sent directly to Jim Morrow at the city for review as well. Should you have any questions or comments, please do not hesitate to call. Jo Kappler President 14311 SE Kith Street . Belltviic, WA 98007 1.S00.8S8.4s1 j • (425)641.5320 . fix: (42S) 41.5318 www.kapprertiomeyrans.com z r1 2 6 U, 00 N W =, J H w; w o: w Ana. = w' f- 0: Z �- p: W. I--V' wz CO •~ Dujardin Development C/O Bill Fowler P. O. Box 1059 Snohomish, WA 98291 1 January 4, 2000 RE: Site Visits Per The City of Tukwila's Request date 1/4//00. Dear Bill: This letter is being provided as part of the requirements imposed by the City of Tukwila for site visitation and monitoring of the fosterview project during the winter months. The purpose for this monitoring is overall site observation for water and drainage control to insure the site weathers the winter months in accordance with the design specifications. I visited the site today beginning at 9:30, the temperature was approximately 50 degrees, partly cloudy and windy conditions. I walked the entire site and noticed the following conditions: 1. The overall site is in good conditions regardless of the recent rainstorms, there is not erosion noticed. 2. There were a couple of silt fences that are in need of repair. These site fences are located at the north end of the pedestrian walkway. The silt fence simply needs to be tied back up. An additional location was noticed at the westerly end of the pedestrian walkway, where this walkway adjoins with the future park walkway. On the north side of the walkway, there is a silt fence that has been removed to allow for installation of the vinyl coated fence. The silt fence should be re- erected on the South side of the vinyl- coated fence and should run the entire length of the vinyl coated fence. This is approximately a 50' section that has been removed. It was noted that, there does not seem to be a situation where the silt fence will in fact be utilized due to the gravel pathway and drainage conditions. However, the fence should be re- installed as part of the overall site silt protection plan. 3. There is a no parking sign that has been knocked over along 42nd Avenue approximately at the guard rail section. This sign should be re- installed 4. It was noticed at the tracked B, there were many trees that were damaged by the recent winds. Several limbs have snapped and fallen in the tracked B area. It was also noted that a rather large stem from a large leaf maple tree has fallen and lies across the abandon 43"1 roadway. This tree is not on the fosterview property but lies in the city right of way. 5. It was noticed that several screw locks are not installed on catch bays and covers. They should be re- installed. 14311 SE iC'Cli Street. Bellevue, 'w 9Soo7 1.SOo. \S,451j . (425)641.532o. fix: (425)C541.Sj18 w w.k'appl. rliomeplaiis.com JO100_5Dujardin Site Visit.doc - z w ce 6 JU: UO CO CI;. W =. J - CO LL', w O IL 0 .w w. . O. w z, U-- O ~' z • 6. I noticed no sub - service ground water migration. I did notice some surface water, but no erosion conditions. All storm water grates seem to be intact with silt protection devices and all seem to be in working order. 7. There were noticed a few trash dumping on the site which will be cleaned up. I will walk the site next week as part of the geotechnical BI- monthly review. I will follow up and make sure the geotechnical reports are forwarded to the city. This letter is being forwarded to you for review, and a courtesy copy is being sent directly to Jim Morrow at the city for review as well. Should you have any questions or comments, please do not hesitate to call. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director • December 22, 1999 John Kappler Kappler Architects 14311 SE 16th Street Bellevue, WA 98007 RE: L99 -0018 Fosterview Final Plat Application - Dear John, As you know, your final plat application has been on hold at your request since June 23`d to allow us time to resolve the LAO permit issues. We are nearing closure on that permit, so I have put together the following list of required items to aid you in preparing your final plat resubmittal. Please submit 4 copies of the following items, if there are no corrections required we will then ask for an additional 15 packets. Narratives • Description of how the project complies with the conditions of preliminary plat approval. • Modifications to or requests relief from conditions of preliminary plat approval, such as: • Deletion of lot 2 • Revised house designs • Retaining wall/embankment issue • Grade changes throughout the site • Bioswale Drawings Civil drawings (C -1 through C -18) 'should not be included in the final plat submittal. • All drawings should be revised per the attached redlines. • Landscape plans should include an updated phasing plan. • The architectural phasing plan should be replaced by a house development plan per the LAO comment letter. C:Wora's FilesWSTRVIEW\Final Plat Revisions.doc 6300 Southcenter Boulevar4 Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • Include a diagram of as -built water, sanitary sewer and storm sewer locations similar to what was provided to the Planning Commission during the Preliminary Plat hearings. • Include a plan showing revised original (pre - development) grades verses proposed buildout condition. • Include a plan showing preliminary plat approved buildout grades verses proposed buildout condition. • Include site cross sections from the Preliminary Approval compared with the Final Plat proposal. • Include originally approved house designs and proposed house designs. • Correct the recording documents per the attached redlines. A fourth sheet should be added that includes the house development plan , hold harmless language and other items listed as "Conditions to be included on the Final Plat Documents" in the LAO review letter. The permit action clock will be restarted upon your submittal of these items. As a reminder, we should resolve the vacation issues prior to the final plat hearing. If you have any questions please call me at (206) 433 -7141. Nora Gierloff Associate Planner Enclosures. cc: Jim Morrow, Public Works Nick Olivas, Fire Department . Steve Lancaster, DCD C:Wora's Files\FSTRVIEW\Final Plat Revisions.doc • z w re 00: o: w=' J F.. ;.w 0, g ~; J' u.¢ 1- ▪ w Z F-- O Z ~` 0' Y '0 :0 '= U: H H• r O ~; z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director December 21, 1999 John Kappler Kappler Architects 14311 SE 16th Street Bellevue, WA 98007 RE: Fosterview Estates Subdivision LAO Permit PW96 -0151 Dear John, Attached is a memo from the Public Works Director analyzing the conformance of the revised LAO permit with the original conditions of approval. He is recommending approval, with conditions to be fulfilled prior to final plat hearing, conditions to be attached to the final plat, and a bond to ensure monitoring and maintenance of the site until home construction begins. Any questions regarding the memo should be directed to Jim Morrow at (206)433 -0179. Sincerely, Nora Gierloff Associate Planner Enclosure. cc: Jim Morrow, PW Director Brenda Holt, Permit Coordinator Steve Lancaster, DCD Director 6300 Southcenter Boulevard Suite #100 • Tukwila, Wasfiington 98188 • (206) 431-3670 • Fax (206) 431-3665 13' you really try to look at it you would see that only 25% of the buildings were blocked. But the trees break up the monotony and everything else. The ones where they've gone in and stripped the hillside we had consultants point this out, they didn't leave any of the big trees especially what you have is this whole row of buildings. We didn't, at least I didn't envision, single family homes when that part was written but what we wanted to do was avoid the wall. It sounds to me the impact of a bare wall, the buildings. And of course when you move from place to place the perspective changes. But from almost any position you should still have 25% of the buildings obscured. It would be a different 25% each time but what it would do is still break up that appearance of a bare slope with buildings. Instead you'd still have at least some greenery and some feeling of the wooded hillsides. Rants: Are there any other Staff comments? Are there any other questions of Staff'? Thank you Denni. Shefrin: Thank you. Next then I'm going to go onto the BAR design guidelines. I'm going to run through this fairly ouickly and what you'll also note in exhibit nine I've attempted to identify each of the conditions, how they are physically to be implemented. Some of these conditions are not physical issues, they perhaps more deal with covenants, codes and restrictions and things of that nature. So in essence there are five design review criteria. Very quickly .he first criteria is the relationship of the structure to the site. As you not the project proposes sidewalks throughout the project area as well as through connections to Macadam along 137th. There are no large pave areas, and again a lot of these BAR . conditions, I should point this out, often times pertain to commercial development and not as cleanly to single family residential development. You'll also, you're also aware that the project is in essence surrounded by single family development as well. And of course that is what's being proposed for this project. Lots are smaller, but again surrounded by a tremendous amount of open space areas. Again with respect to the retention of the tract areas and the vegetation within those areas. Criteria number two, relationship of structure to the surrounding area. Again, the surrounding area is predominately single family. From that standpoint we believe the project complies again due to the type of structure that's proposed. Massing is similar, open space easements provide a visual transition to the site as does the vegetation to those areas. Setbacks for the most part are similar to those in the surrounding area. We brought this up earlier, with respect to a lot of the development in that area being developed while in the County. So what we've attempted to do is have front setbacks at 20 feet but the rear and side setbacks do comply with the R -1 single family zone standards. With respect to criteria number three, landscaping ..'d site treatment; we've touched upon the vegetation being retained in those sensitive areas and buffers as well as vegetation located within the open space easements. Council also proposed another condition which required on through lots that there be a 15 foot buffer with native vegetation. With respect to criteria number four, building design, again we're proposing single family development. One component, or architectural procedure that's been retained or at least an attempt to be compatible with surrounding, is to design these homes with pitched roofs. You'll also notice the building elevations are depicted actually right behind Wally and Steve. Also, we requested that the developer try in cases where it was feasible to have the front entries be pushed out towards the street in order to attempt to reduce the predominance of the garage. You'll also see those on the building elevations. With respect to criteria number five, structures and street furniture. The only feature really that might be defined as street furniture would be the lighting. And you've got that in your packet, I believe it's exhibit six which has the design of the street lighting. What we attempted to do is have something that provides more of a residential character. Our typical street light standards in the City are 30 feet and we're proposing 20 feet 3 Shefrin: That's correct. Rants: Go on: ,Shefrin: OK, condition number five the hold harmless clause. Again Staff is recommending that the condition be reworded for clarity. Are there any questions? OK. Condition number six. Recalculate density bonuses due to different street widths etc. As mentioned earlier this site plan incorporates those conditions for the most part that were imposed by Council back in December. In turn the applicant went back and recalculated the density bonus plugging into the formula perhaps a change in the tract area based upon the increased width of 137th. What was found was that the density was not reduced, it remains unchanged.. So what we're recommending is that that condition be omitted. Any questions? OK. Condition number seven, required was that perimeter lots be 50 feet wide. You can see that that's been introduced on the revised site plan and what Staff is recommending simply is that we actually specify those lots so this condition would apply to. You can see on page seven of the report the proposed rewording to do just that. Again to identify the specific lots where that condition would apply. Any questions i . OK, t..en on condition number eight, lots- -this has to do with setbacks for lots. You will note that, and we talked about this just a little bit earlier, front setbacks we decided could be 20 feet. The typical required setback in a R17.2 is 30 feet, so again there was agreement of 20 feet. The project does comply with that and it had back when you visited it in December. The project also .;omplies with the side setbacks as well as the rear setbacks for the R 17.2 zone standards. recommen uon is that this condition be omitt . • ause in essence the propo • meets is requirement without an additional condition. it doesn't change anything. Any questions? OK, then condition number nine, public access easement and trail at northeast corner. AS we understood it it was a matter of simply clarifying how this easement was to be identified. We proposed a rewording to again identify the utility/pedestrian access casement that in essence runs from the cul -de -sac northward towards Southgate park. And again we're talking about just a reword. This has actually been noted on the revised site plan. Any questions? Ekberg: Yea, you mentioned running from the cul-de -sac? Shefrin: Yes. It also includes the area coming northward from off -site onto the property and running along the north property line. And Allen, I recall that this was your recommended condition. Ekberg: Yea, why don't you use your little light thing and point it out. Bang: Your magic marker. Shefrin: OK please - -I hope - -if this gets into somebody's eyes bear with me. All right so what we're looking at is this easement area here. Actually it's shown better here; we've outlined it in blue. Right along here and also as it runs from the cul-de -sac north: Ekberg: Why would the cul-de -sac be mentioned in this recommendation when it wasn't a consideration ?? ?(1017). 8 LAND ALTERING PERMIT REVIEW (L96 -0151) For FOSTERVIEW ESTATES (December 10, 1999) The LAO Permit was issued, subject to 13 conditions of approval 1. Temporary erosion control shall be implemented as the first order of business to prevent sedimentation off -site or into existing storm drainage facilities. References • Hammond Collier & Wade - Livingstone Associates Memorandum dated June 28, 1993 • Terra and Associates letter, dated June 30, 1993 • Project Plans and Specifications, dated June 6, 1996 • Terra and Associates letter, dated November 16, 1996 • Terra and Associates letter, dated October 26, 1998 • Sheet C -2 of the Fosterview Plans, received/stamped by the City on March 11, 1999 s. Findings • Erosion control measures have been included on the Project Plans. • Erosion control measures have been used during construction with varying degrees of success. The Project Plans require that the site's erosion and sedimentation control facilities be inspected on a periodic basis and maintained as necessary. This requirement has not always been followed. City's Recommendation to Correct Outstanding Deficiencies • Because all the work proposed by the Preliminary Plat has not been completed in accordance with the approved project plans, the requirement for periodic inspections and maintenance of the erosion control facilities should be continued until all the houses have been constructed. 2. The developer shall erect a permanent three -foot high split rail fence along the boundaries of all open space easement locations prior to any grading. Findings • The fence has been erected. Attachment D z w. ne 00 w0. W = J � CO W. WO gas W ?. i' a IT- al Z= 1-O; zF- n • 0 o -, 0 1— W W H U S, z ui • I. z. 3. A geotechnical engineer of record shall be retained throughout the construction phase(s) of the project and shall monitor earthwork and review the final design and building specifications for all lots to assure conformance to the recommendations contained in the geotechnical reports prepared by Terra and Associates. See Terra Associates letter dated May 29, 1996 for scope of work. zz References w II 2 • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated 6 D December 16, 1998 o O: • 2 "d Peer Review by Shannon & Wilson, dated June 9, 1999 N w • Terra Associates, Inc. Summary Report — Geotechnical Observation, dated October 20, 1999 co w w O. • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated 2 • October 22, 1999 g u. a Findings z w • Terra and Associates did observe a "portion" of the construction activities z i- performed from August 7, 1996 to August 4, 1998. f- 0; z u- 4 Field observation documentation consists of 67 reports ,w w dispersed over a two -year period. n 0- U w g Terra's reports describe some of the road construction, 'O o 1—. most of the curb and gutter preparation, some of the utility .(31—. w trench backfilling, and almost all of the Keystone wall 1 v:. construction. 6 0. • Terra did not observe any site grading performed prior to June 14 1999. z From June 14, 1999 through August 26, 1999, Terra and Associates, Inc. F- i observed the site grading effort on Lots 1 through 20 to remove the z uncontrolled fill and replace it with structural fill. • The quality of the site grading on Lots 21 through 40 was not observed and remains suspect. City's Recommendations to Correct Outstanding Deficiencies • • Since Terra and Associates did not monitor the earthwork as directed, the quality of the unobserved work and its conformance with approved plans remains suspect. Terra and Associates shall monitor all related earthwork activities during the construction of the individual houses and shall certify that the site development work was performed in accordance with their recommendations. 2 3. A geotechnical engineer of record shall be retained throughout the construction phase(s) of the project and shall monitor earthwork and review the final design and building specifications for all lots to assure conformance to the recommendations contained in the geotechnical reports prepared by Terra and Associates. See Terra Associates letter dated May 29, 1996 for scope of work. z =z References. w • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated '_1 o December 16, 1998 u) 0, • 2nd Peer Review by Shannon & Wilson, dated June 9, 1999 • J w • Terra Associates, Inc. Summary Report — Geotechnical Observation, dated N LL October 20, 1999 w o • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated g October 22, 1999 u_n. Y2 a Findings 1- i • Terra and Associates did observe a "portion" of the construction activities z �' performed from August 7, 1996 to August 4, 1998. w o 4 Field observation documentation consists of 67 reports 2 Dr dispersed over a two -year period. U 4 Terra's reports describe some of the road construction, .o f-, most of the curb and gutter preparation, some of the utility w w` trench backfilling, and almost all of the Keystone wall v w'-: construction. Z. • Terra did not observe any site grading performed prior to June 14, 1999. v �° • From June 14, 1999 through August 26, 1999, Terra and Associates, Inc. F- I: observed the site grading effort on Lots 1 through 20 to remove the Z uncontrolled fill and replace it with structural fill. • The quality of the site grading on Lots 21 through 40 was not observed and remains suspect. City's Recommendations to Correct Outstanding Deficiencies • Since Terra and Associates did not monitor the earthwork as directed, the quality of the unobserved work and its conformance with approved plans remains suspect. Terra and Associates shall monitor all related earthwork activities during the construction of the individual houses and shall certify that the site development work was performed in accordance with their recommendations. 2 4. Construction monitoring by the geotechnical engineer shall be provided, with written confirmation provided to the City that all work has been performed in accordance with the geotechnical recommendations. The geotech/construction monitoring reports shall be submitted on a regular basis. Findings • Terra and Associates did observe a "portion" of the construction activities performed from August 7, 1996 to August 4, 1998. Field observation documentation consists of 67 reports dispersed over a two -year period. Terra's reports describe some of the road construction, most of the curb and gutter preparation, some of the utility trench backfilling, and almost all of the Keystone wall construction. • Terra did not observe any site grading performed prior to June 14, 1999. • From June 14, 1999 through August 26, 1999, Terra and Associates, Inc. observed the site grading effort on Lots 1 through 20 to remove the uncontrolled fill and replace, it with structural fill.. • The quality of the site grading on Lots 21 through 40 was not observed and remains suspect. City's Recommendations to Correct Outstanding Deficiencies • Terra Associates to be on site during all lot development activities, site work, including excavations, and during the construction of all footings, foundations, retaining walls, and floor slab placements. Daily reports that certify work has been completed in accordance with the project plans shall submitted to the City on a weekly basis throughout construction of the individual houses. 5. Boundaries of Tract A and B shall be flagged and fenced to prevent intrusion during construction. Sloped areas shall also be delineated and a barrier fence erected prior to clearing and grading. Fencing locations shall be inspected by the City prior to land clearing. All fencing damaged due to construction shall be immediately replaced during the construction phase. Findings • The boundaries were flagged during construction. A split -rail fence has been installed to prevent intrusion during construction of the single - family homes. • During construction of 137t' fill material intruded into wetland's buffer zone. City's Recommendations to Correct Outstanding Deficiencies • Several corrective measures are possible: (1) A buffer enhancement plan be developed that will negate the effects of the fill remaining in place, or (2) Remove the encroaching fill and build a retaining wall that will 3 support the fill material the comprises the road's shoulder and embankment. Bonds are in place for either option. • City Council should choose one of the aforementioned options during the final plat hearing. 6. A 5 -foot high, black color- coated chain link fence shall be erected along the north a property line from the Southgate Park boundary eastward on top of the bulkhead z or rockery, and a dense hedge is planted on the property immediately north of the 6 D lir site. v O co 0 Findings w = J F • The fence has been installed. N u. • A dense hedge of six -foot tall evergreen Pyramidalis has been planted. w 0. • The retaining wall/rockery has not been built.' g • The gravel from the pedestrian and utility easement path is pushing � a. against the fence in several locations. The slope of the northern path edge = a is too steep. See Item #3 on attached Correction Notice List. 1- i z,._ • The Applicant has met with the property owners to the north and they F, 0 have endorsed the hedge, fence, and would like to see a small separate z 1- retaining wall/rockery installed. 2 D U 0' co City's Recommendations to Correct Outstanding Deficiencies 0 �. • Either the northern path,edge should be regraded to flatten the slope or the = 0 Ili retaining wall/rockery should be built. �' i=. u_ 0: z 7 Retaining walls over 4 -feet high require a separate building permit from DCD. .v co 0 z No rockeries over 4 -feet high are allowed. Findings • This requirement has been followed. 8. Contractor shall follow all the recommendations of the geotech reports. References • Terra Associates memo dated June 23, 1993 • Slope Stability Analysis prepared by Terra Associates, dated July 25, 1995 • Peer Review by Shannon & Wilson, dated September 8, 1995 • Terra Associates, Inc peer review response, dated April 5, 1996 • Terra Associates' Summary Report on Geotechnical Issues, dated December 16, 1998 • Terra Associates, Inc. Slope Stability Issues (Lots 35 — 40), dated July 29, 1999 • 2 "d Peer Review by Shannon & Wilson, dated June 9, 1999 • Terra Associates, Inc. Summary Report — Geotechnical Observation, dated October 20, 1999 • 4 support the fill material the comprises the road's shoulder and embankment. Bonds are in place for either option. • City Council should choose one of the aforementioned options during the final plat hearing. 6. A 5 -foot high, black color- coated chain link fence shall be erected along the north property line from the Southgate Park boundary eastward on top of the bulkhead or rockery, and a dense hedge is planted on the property immediately north of the site. Findings • The fence has been installed. • A dense hedge of six -foot tall evergreen Pyramidalis has been planted. • The retaining wall/rockery has not been built. • The gravel from the pedestrian and utility easement path is pushing against the fence in several locations. The slope of the northern path edge is too steep. See Item #3 on attached Correction Notice List. • The Applicant has met with the property owners to the north and they have endorsed the hedge, fence, and would like to see a small separate retaining wall/rockery installed. City's Recommendations to Correct Outstanding Deficiencies • Either the northern path edge should be regraded to flatten the slope or the retaining wall/rockery should be built. 7. Retaining walls over 4 -feet high require a separate building permit from DCD. No rockeries over 4 -feet high are allowed. Findings • This requirement has been followed. 8. Contractor shall follow all the recommendations of the geotech reports. References • Terra Associates memo dated June 23, 1993 • Slope Stability Analysis prepared by Terra Associates, dated July 25, 1995 • Peer Review by Shannon & Wilson, dated September 8, 1995 • Terra Associates, Inc peer review response, dated April 5, 1996 • Terra Associates' Summary Report on Geotechnical Issues, dated December 16, 1998 • Terra Associates, Inc. Slope Stability Issues (Lots 35 — 40), dated July 29, 1999 • 2nd Peer Review by Shannon & Wilson, dated June 9, 1999 • Terra Associates, Inc. Summary Report — Geotechnical Observation, dated October 20, 1999 4 �,, ... +.� • Terra Associates, Inc.'s 2 "d peer review response, dated October 22, 1999 • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated October 22, 1999 Findings • Prior to June 14, 1999, the quality of the Contractor's work is suspect, specifically on Lots 21 through 40, because neither the Project Plans nor the geotechnical engineer's recommendations were apparently followed. The entire site was graded improperly; uncontrolled fill was dispersed throughout the site; grade elevations were not met. Slopes were steeper than specified. Cuts were deeper than specified. Non - structural fill material, ranging to a maximum thickness of approximately 5 -feet, remains on Lots 21 through 34. Utility trenches were placed in the wrong locations and specified elevations were not met. • Even though Terra and Associates intermittently visited the site prior to June 14, 1999, they have stipulated that the roadway and sidewalk subgrades were suitably prepared, and the utility backfill material placement and compaction were completed in accordance with their recommendations. • From June 14, 1999 through August 26, 1999, the Contractor followed the geotechnical engineer's recommendations. Contractor removed the uncontrolled fill from Lots 1 through 20 and replaced it with structural fill. The Contractor's work was continually observed and has been certified by the geotechnical engineer. Applicant's Recommendation to Correct Outstanding Deficiencies • Lots 21 through 34 — Over excavation of the unsuitable fill material during construction of foundations, footings, and floor slabs. Limited excavation and removal during driveway construction. • Lots 35 through 40 — Upper cut slopes will be flattened during lot development to achieve an inclination of 2.5:1. Another option is to provide a cantilevered concrete or mechanically stabilized earth retaining wall with block facing. Lower portions of the lots will have the majority of the problems corrected during lot development. • Terra Associates to review building and grading plans on a lot -by -lot basis and provide specific recommendations for temporary excavations, foundation placement, and mitigation measures to eliminate potential settlements /movements. 5 City's Recommendations to Correct Outstanding Deficiencies • Terra Associates to review and approve building and grading plans on a lot -by -lot basis; provide specific recommendations on a lot -by -lot basis for all temporary excavations, footings, foundation, and floor slab placements, and mitigation measures; review and approve plans for installation of all footings, foundations, and floor slabs. • Terra Associates to be on site during all lot development activities, including excavations and during the construction of all footings, foundations, retaining walls, and floor slab placements. Daily reports to be submitted to the City. z =z 00 CO Ca w= J 1- 9. Dry season work will need to provide for identification and correction of wet w o season seepage; for example, do street ATB and wait through winter for seepage 2 locations to show, correct with additional french drains, and pave with Class B the g following summer. cn v =• W z �. • O zf- w uj 2o City's Recommendation to Correct Outstanding Deficiencies o • During the winter months, Terra and Associates should periodically w w inspect the site and stipulate that either there has been no seepage or ;? additional drainage is required and installed to correct the problem. This ! Z requirement should continue until the individual houses have been built. w N 10. Drainage problems and seepage encountered during excavations and construction 01—z will be identified by Terra observations and remedial measures constructed. Findings • Site work for the project is incomplete and there is a continuing need for this requirement. Findings • Site work for the project is incomplete and additional site preparation work associated with Lots 21 through 40 is required. This requirement is still valid. • Slight groundwater seepage was observed on December 10, 1999 in the location of the northern edge of Lot 29. City's Recommendation to Correct Outstanding Deficiencies • During the winter months, Terra and Associates should periodically inspect the site and stipulate that either there has been no seepage or additional drainage is required and installed to correct the problem. This requirement should continue until the individual houses have been built. City's Recommendations to Correct Outstanding Deficiencies • Terra Associates to review and approve building and grading plans on a lot -by -lot basis; provide specific recommendations on a lot -by -lot basis for all temporary excavations, footings, foundation, and floor slab placements, and mitigation measures; review and approve plans for installation of all footings, foundations, and floor slabs. • Terra Associates to be on site during all lot development activities, including excavations and during the construction of all footings, foundations, retaining walls, and floor slab placements. Daily reports to be submitted to the City. a • Z_ QQ� J U 00 CO 0: w= J 9. Dry season work will need to provide for identification and correction of wet N p season seepage; for example, do street ATB and wait through winter for seepage 2 locations to show, correct with additional french drains, and pave with Class B the ga -71 . following summer. N <` =w Findings z F. • Site work for the project is incomplete and there is a continuing need for z o this requirement. w uj U 0: O N: O F-': w w 1- �: LL O; wz • = 10. Drainage problems and seepage encountered during excavations and construction z City's Recommendation to Correct Outstanding Deficiencies • During the winter months, Terra and Associates should periodically inspect the site and stipulate that either there has been no seepage or additional drainage is required and installed to correct the problem. This requirement should continue until the individual houses have been built. will be identified by Terra observations and remedial measures constructed. Findings • Site work for the project is incomplete and additional site preparation work associated with Lots 21 through 40 is required. This requirement is still valid. • Slight groundwater seepage was observed on December 10, 1999 in the location of the northern edge of Lot 29. City's Recommendation to Correct Outstanding Deficiencies • During the winter months, Terra and Associates should periodically inspect the site and stipulate that either there has been no seepage or additional drainage is required and installed to correct the problem. This requirement should continue until the individual houses have been built. 6 11. Additional slotted drain locations to be field determined and approved by Public Works. Findings • To date, a requirement for additional slotted drains has not been established. ct w 6 � 12. Applicant shall meet all L92 -0065 PRD and L92 -0066 SEPA conditions. J v 0 11.1 = J H. wO City Council Conditions (a.) That South 137th Street which bisects the property, have a 40 -foot right -of -way, 30 -feet of pavement, curb to curb, and 5 -foot easements on either side. a wa Findings w. • The utility easements are shown on the Project Plans to be 10 feet, in lieu z of the specified 5 feet. z o w uj (b.) The width of the pavement for 43rd Pl. S. shall be 24 feet. The width of the right- ci of -way for 43rd Pl. S. shall be 24 feet. A 10 -foot wide utility easement shall run o t— along the south side of 43rd Pl. S. and shall contain a five -foot wide sidewalk. w w H U ~p, • The project plans are consistent with this requirement. ui v = 0 1: (c.) The Applicant shall prepare, and the Directors of the Department of Community z Development and Public Works and the City Attorney shall approve a performance bond for project phasing prior to final plat approval. The purpose of the bond is to protect on and off -site properties from unforeseen circumstances related to the development. The performance bonds shall last for a two -year period and commence from the completion date of each phase. Findings Findings • Because the site development work has not been entirely completed in accordance with the approved project plans, performance bonds associated with completing the earthwork will be required: (1) Inspecting and maintaining temporary erosion control facilities until the individual houses have been built; (2) Inspecting the site for ground seepage and correcting with additional drainage. (d.) Hold - harmless language, including relationships to future slope instability, shall be prepared by the Applicant and reviewed by the City Attorney, the Departments of Public Works and Community Development. Such language shall be included in the Final Plat documents and in each property deed. 7 Findings • The hold - harmless language has been submitted and approved. The language will be included on the Final Plat. (e.) . The 20 -foot utility access easement proposed along a portion of the north property Z line beginning at the east edge of the right -of -way to be vacated and running ; 1 z westerly a distance of approximately 124 feet, shall be labeled as: "20 -foot public rt utility and pedestrian access easement." 6 v U0 Findings co w • The easement has been delineated and labeled on the Final Plat -J 1- submission. N 0 w 0 (f.) A 5 -foot high, black color - coated chain link fence shall be erected along the north g a. property line from the Southgate Park boundary eastward on top of the bulkhead CO D or rockery, and a dense hedge be planted on the property immediately north of the I w site. Z 1- 0 s L Findin g 2?. • The fence has been installed. D 0 A dense hedge of six -foot tall evergreen Pyramidalis has been planted. 0 • The retaining wall/rockery has not been built. 0 H. • The gravel from the pedestrian and utility easement path is pushing v against the fence in several locations. The slope of the northern path edge LI p: is too steep. See Item #3 on attached Correction Notice List. Lii Z. • The Applicant has met with the property owners to the north and they have endorsed the hedge, fence, and would like a small separate retaining 0 f-: wall/rockery installed. (g.) City's Recommendations to Correct Outstanding Deficiencies • Either the northern path edge should be regraded to flatten the slope or the retaining wall/rockery should be built. The discrepancy between the Landscape Plan and the Grading Plan related to areas to be held in open space easements shall be corrected. The correction shall accurately delineate the boundaries of these areas. The revised Landscape Plan and Grading and Street Plans must be consistent and provided prior to issuance of Land Altering Permits. Findings • Discrepancy was corrected. 8 ... ...... { Findings • The hold - harmless language has been submitted and approved. The language will be included on the Final Plat. (e.) . The 20 -foot utility access easement proposed along a portion of the north property z line beginning at the east edge of the right -of -way to be vacated and running ; 1 z; westerly a distance of approximately 124 feet, shall be labeled as: "20 -foot public utility and pedestrian access easement." 6 = UO: Findings co w w • The easement has been delineated and labeled on the Final Plat submission. N w w 0, (f.) A 5 -foot high, black color- coated chain link fence shall be erected along the north g --i w ¢; property line from the Southgate Park boundary eastward on top of the bulkhead N n or rockery, and a dense hedge be planted on the property immediately north of the Ii_ W site. z �. FO Z I-; Findings w w: • The fence has been installed. D o • A dense hedge of six -foot tall evergreen Pyramidalis has been planted. o =;, o E-. • The retaining wall/rockery has not been built. (g.) w w: • The gravel from the pedestrian and utility easement path is pushing � 2. against the fence in several locations. The slope of the northern path edge - p; is too steep. See Item #3 on attached Correction Notice List.cwi N' • The Applicant has met with the property owners to the north and they 1=, 1', have endorsed the hedge, fence, and would like a small separate retaining O wall/rockery installed. z City's Recommendations to Correct Outstanding Deficiencies • Either the northern path edge should be regraded to flatten the slope or the retaining wall/rockery should be built. The discrepancy between the Landscape Plan and the Grading Plan related to areas to be held in open space easements shall be corrected. The correction shall accurately delineate the boundaries of these areas. The revised Landscape Plan and Grading and Street Plans must be consistent and provided prior to issuance of Land Altering Permits. Findings • Discrepancy was corrected. .. . 8 SEPA Mitigation Measures Drainage (a.) Wet vaults in addition to a biofiltration swale shall be constructed. The bioswale z assists in the removal of conventional pollutants while wet vaults provide for ; 1 z. some filtering and settlement prior to discharge into the proposed drainage re L system. The biofiltration swale shall be located within the 43rd Avenue S. right- 6 v of -way. Shade tolerant plant species shall be used to ensure plant survival and c0 o function of the biofiltration swale. Wet vaults shall be easily accessible by w maintenance vehicles and designed in accordance with the King County Surface _I I Water Design Manual. N w w 0. References g • SEPA mitigated Determination of Non - significance issued on August 23, N D 1993 z w • Buck & Gordon letter, dated February 18, 1999 z p'. • Steve Lancaster, SEPA Official, Memorandum, dated June 28, 1999 z o'. • Terra Associates' Summary Report on Geotechnical Issues dated w w December 16, 1998 and October 22, 1999. n o o Findings ~` • The biofiltration swale has not been constructed. 1- Ill v • Constructing the bioswale in the 43`d Avenue South right -of -way would �'_- p` pose an unacceptable risk to ground stabilization, not provide the ui �; anticipated water quality treatment, and an equivalent water quality effect H = will be achieved through the wet vaults. z ~ City's Recommendations to Correct Outstanding Deficiencies • Several options are available to the City Council: (1) The bioswale can be constructed as shown, or (2) The requirement for the biofiltration swale can be waived. The Applicant has submitted a bond for the construction of the bioswale. • City Council review the information and make a determination during the final plat hearing. (b.) All runoff and,drainage from the on -site drainage system shall be discharged directly to the proposed storm drainage improvements proposed on 43"1/44th Ave. S. right -of -way. The spreaders shown on the conceptual plans shall be omitted. The final design of the system will be updated to accommodate underground springs volumes uncovered during construction of the roadways. Findings • This requirement has been met. 9 Traffic - Vehicular Mitigation Condition (a.) A guardrail shall be installed along 42nd Avenue South, immediately north of the S. 137th- Street access point into the subdivision, as shown on drawings received April 26, 1993. Findings w • The guardrail has been installed incorrectly and extends beyond the edge u� of the curb. o o co co w City's Recommendation to Correct Outstanding Deficiencies • Guardrail is to be install in accordance with the project plans. w 0 Traffic- Pedestrian Mitigation Condition u_¢ (a.) A pedestrian walkway shall be installed along S. 137th Street from 44th Avenue at South to Macadam Road. The City shall be responsible for the design and z installation of the walkway and drainage improvements. The Applicant shall z o reimburse the City for 1/2 of the total amount of the construction and inspection w costs. Based on pedestrian path costs of the last two years, the anticipated cost would be p -` a total of $60,000. The total amount to be paid by the developer shall be $30,000. ° l- 11.1 Improvements include 750 lineal feet of walkway with drainage (covering the : v. ditch for the pedestrian path) needed for about 2/3's the length. The pedestrian • o. path unit costs have averaged $18 /foot and drainage costs have averaged $33 /foot z, at 500 feet. cwi w` O om Findings Z • The Applicant has fulfilled the requirement and reimbursed the City in the amount of $30,000. Slope Stability (a.) To avoid future instability, both during and after site development, and to ensure proper construction of cuts and fills, the Applicant shall provide a slope stability analysis, which demonstrates that the proposed fills on slopes, to be designed, are stable. The analysis shall accompany applications for land altering permits and shall be evaluated by peer review prior to permit issuance. Should the results of the stability analysis require significant design changes to the Preliminary Plat, the Preliminary Plat must be revised and new hearings shall be required. References • Slope Stability Analysis prepared by Terra Associates, dated 7/25/95 • Peer Review by Shannon & Wilson, dated 9/8/95 • Terra Associates, Inc peer review response, dated 4/5/96 10 • Terra Associates' Summary Report on Geotechnical Issues, dated December 16, 1998 and October 22, 1999 • 2nd Peer Review by Shannon & Wilson, dated 6/9/99 • Terra Associates, Inc. Slope Stability Issues (Lots 35 — 40), dated 7/29/99 z • Terra Associates, Inc. Geotechnical Construction Observation Report, dated 10/20/99 rt w • Terra Associates, Inc.'s peer review response, dated 10/22/99 U O' w= N LL. w O. U. Q: _v 1— w Z 1— O Z 1—. ju w 2o U O N 01- w uj — O uiz U= 01--. z Findings • Slope stability issues have been resolved on Lots 1 through 20. • Non - structural fills ranging to a maximum thickness of approximately 5 feet remain in Lots 21 through 34. • Slope stability still a concern on Lots 21 through 31 Uncontrolled fill present on Lots 21 -28 and 31 - Lots 26, 27, 29, and 30 have cuts deeper than 8 feet with resulting slopes greater than 2.5:1 • Slope stability still a concern on Lots 35 through 40 Cuts deeper than 8 feet with resulting slopes greater than 2.5:1 Minor amounts of non - structural fill are present. Applicant's Recommendation to Correct Outstanding Deficiencies • Lots 21 through 34 — Over excavation of the unsuitable fill material during construction of foundations, footings, and floor slabs. Limited excavation and removal during driveway construction. • Lots 35 through 40 — Upper cut slopes will be flattened during lot development to achieve an inclination of 2.5:1. Another option is to provide a cantilevered concrete or mechanically stabilized earth retaining wall with block facing. Lower portions of the lots will have the majority of the problems corrected during lot development. • . Terra Associates to review building and grading plans on a lot -by -lot basis and provide specific recommendations for temporary excavations, foundation placement, and mitigation measures to eliminate potential settlements /movements. City's Recommendation to Correct Outstanding Deficiencies • Terra Associates, or another City approved geotechnical engineer, shall review and approve building and grading plans on a lot -by -lot basis; provide specific recommendations on a lot -by -lot basis for all temporary excavations, footings, foundation, and floor slab placements, and mitigation measures; review and approve plans for installation of all footings, foundations, and floor slabs. • Terra Associates, or another City approved geotechnical engineer, shall be on site during all lot development activities, including excavations and 11 (b.) during the construction of all footings, foundations, retaining walls, and floor slab placements. Daily reports to be submitted to the City. A geotechnical engineer of record shall be retained throughout the construction phase(s) of the project and shall monitor earthwork and review the final design and building specifications for all lots to assure conformance to the z recommendations contained in the geotechnical reports prepared by Terra and 1 Associates. w c.) UO N 0: References w = • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated December 16, 1998 • 2 "d Peer Review by Shannon & Wilson, dated June 9, 1999 • Terra Associates, Inc. Summary Report — Geotechnical Observation, dated u.. a October 20, 1999 ( a • Terra Associates, Inc. Summary Report — Geotechnical Issues, dated • _ October 22, 1999 ? F-O, z F- 11J uj o N '0 1-! • W; I U'; O wz O Findings • Terra and Associates did observe a "portion" of the construction activities performed from August 7, 1996 to August 4, 1998. Field observation documentation consists of 67 reports dispersed over a two -year period. Terra's reports describe some of the road construction, most of the curb and gutter preparation, some of the utility trench backfilling, and almost all of the Keystone wall construction. • Terra did not observe any site grading performed prior to June 14, 1999. • From June 14, 1999 through August 26, 1999, Terra and Associates, Inc. observed the site grading effort on Lots 1 through 20 to remove the uncontrolled fill and replace it with structural fill. • The quality of the site grading on Lots 21 through 40 was not observed and remains suspect. City's Recommendation to Correct Outstanding Deficiencies • Since Terra and Associates did not monitor the earthwork as directed, the quality of the unobserved work and its conformance with approved plans remains suspect. Terra and Associates, or another City approved geotechnical engineer, shall monitor all related earthwork activities during the construction of the individual houses and shall certify that the site development work was performed in accordance with their recommendations. 12 The Developer's engineer shall prepare for review by Terra and Associates, and the City, detailed cross sections in all planned fill areas indicating how the fill will be keyed, benched, and drained as recommended in Terra's geotechnical report. A typical detail shall be prepared illustrating the geotechnical engineer's recommended key at the toe of all proposed fills on slope. Calculations supporting adequate safety factors against slope instability shall be provided for review by the City. z J U': References o O; • Terra Associates memo dated June 23, 1993 w • Slope Stability Analysis prepared by Terra Associates, dated July 25, 1995 w • Project Plans, Sheet C -3.0 dated July 28, 1998 w 0.. • Terra Associates' Summary Report on Geotechnical Issues, dated December 16, 1998 and October 22, 1999 w • Project Plans, Sheet C -3.4 dated June 3, 1999 (From Sheet C -3.1 for = a Clarification Only) I- • 2nd Peer Review by Shannon & Wilson, dated June 9, 1999 ? • Terra Associates' Geotechnical Construction Observation Report, dated z October 20, 1999 . ? o ww = - w z: = O~ Findings • Original slopes over 25% will be keyed and benched. • Updated calculations supporting adequate safety factors against slope instability have not been submitted. • During the period of June 14, 1999 through August 26, 1999, the unsuitable material on Lots 1 through 20 was removed and replaced with structural fill. • Terra and Associates, Inc. observed and documented the construction of keys and benches on Lots 7, 9, 17, and 18. Terra and Associates, Inc. states that all appropriate key trenches, benches, and compaction requirements have been met. Applicant's Recommendations to Correct Outstanding Deficiencies • Once the final plans are available, Terra and Associates, Inc. will conduct additional slope stability calculations for individual lot construction. City's Recommendations to Correct Outstanding Deficiencies • Have Terra and Associates provide the updated safety calculations. (d.) The developer's engineer, in conjunction with the geotechnical engineer shall prepare detailed design cross - sections addressing subdrainage provisions for fills placed on slopes and underlain by lacustrine deposits. References • Terra Associates memo dated June 23, 1993 • Project Plans dated June 6, 1996 • Project Plans, Sheet C -3.0 dated July 28, 1998 • Terra Associates' Summary Report on Geotechnical Issues, dated December 16, 1998 and October 22, 1999 • 2nd Peer Review by Shannon & Wilson, dated June 9, 1999 • Terra Associates' Geotechnical Constriction Observation Report, dated October 20, 1999 Findings • Subdrainage details are shown on the Project Plans. • No groundwater seepage was noted in any of Terra's test pits. • No groundwater seepage was observed from any of the site excavations during the removal of the non - structural fill on Lots 1 through 20. • Terra and Associates, Inc. observed and documented the construction of keys and benches on Lots 7, 9, 17, and 18. Terra and Associates, Inc. states that all appropriate key trenches, benches, and compaction requirements have been,met. • To reduce the potential for the migration of seasonal seepage into fills from the upgradient locations, Terra and Associates recommended and observed the installation of continuous subsurface drainage in the uphill, southern portions of Lots 1 through 12 and 14 through 18. Subsurface drains were previously installed along the upper, southern and lower, northern boundaries of Lot 13. Outstanding Deficiencies • None 14 (e.) The developer's geotechnical engineer shall review the foundation details and comment on the need for connecting individual footings or supporting the houses on post- tensioned slabs as a possible means of reducing potential for differential settlement of the structures. z References , z ;1,-z. • Terra and Associates' Summary Report on Geotechnical Issues, dated W 6 December 16, 1998. u6, = • Terra and Associates' Summary Report on Geotechnical Issues, dated v o October 22, 1999. cco W cm I • Kappler Architects letter dated October 27, 1999 CO u. WO Findings 2 • This requirement has not been fulfilled. g a • Site work for the project is incomplete. co a • The quality of the site work associated with Lots 21 through 40 is suspect I _. because it was not observed by the geotechnical engineer and was not z ~- accomplished in accordance with the approved plans. z o • Given the slope stability concerns associated with the project, this W w requirement is still valid. D o. U c- O Applicant's Recommendation to Correct Outstanding Deficiencies w '- =W • Kappler Architects has stated that conditions for home construction will be i- v reviewed upon completion of the specific designs for the individual home u` O' foundations. Further, that the lot specific packages will be forwarded to Lb N. U 9- the City on an individual lot -by -lot basis when the single family home j z; permit applications are submitted. O ~ z City's Recommendation to Correct Outstanding Deficiencies • The Applicant needs to provide an overall development plan for constructing the footings, foundations, and slabs. Because the slopes are steep, the feasibility of constructing foundations individually or in- groups needs to be addressed and included in the plan. The plan should incorporate the phasing plan shown on Sheet A1.0 of the project plans. The development plan shall be prepared, approved, and certified by the geotechnical engineer that all geotechnical issues and concerns have been addressed and corrected. • The geotechnical engineer shall review, approve, and certify that the individual foundation designs address and correct all geotechnical concerns and issues. 15 (f.) (g.) Construction monitoring by the geotechnical engineer shall be provided, with written confirmation provided to the City that all work has been performed in accordance with the geotechnical recommendations. Findings • Terra and Associates did observe a "portion" of the construction activities performed from August 7, 1996 to August 4, 1998. Field observation documentation consists of 67 reports dispersed over a two -year period. Terra's reports describe some of the road construction, most of the curb and gutter preparation, some of the utility trench backfilling, and almost all of the Keystone wall construction. • Terra did not observe any site grading performed prior to June 14, 1999. • From June 14, 1999 through August 26, 1999, Terra and Associates, Inc. observed the site grading effort on Lots 1 through 20 to remove the uncontrolled fill and replace it with structural fill. • The quality of the site grading on Lots 21 through 40 was not observed and remains suspect. City Recommendations to Correct Outstanding Deficiencies • Terra Associates to observe all lot development activities, site work, including excavations, and during the construction of all footings, foundations, retaining walls, and floor slab placements. Daily reports to be submitted to the City certifying that the work has been accomplished according to the approved plans and that all recommended geotechnical conditions have been met. The proposed earth cuts and rockery along the existing road right -of -way for 42 "d Ave. S. (Behind Lots #1, 2, &3) shall also be reviewed by the geotechnical engineer to assure lateral stability of the existing roadway and the new road and utility improvements. References • Permit No. M198 -0009 • Terra and Associates letter dated November 7, 1997 • Terra and Associates, Inc. Summary Report — Geotechnical Issues, dated December 16, 1998. • Terra and Associates, Inc, Summary Report — Geotechnical Issues, dated October 22, 1999. 16 (h.) Findings • The original layout and total number of proposed houses has been changed. The original Lot#3 was eliminated. • Permit No. MI98 -0009 revised the grading plan and eliminated the proposed rockery. A keystone wall was proposed in lieu of the rockery. • Terra and Associates observed the construction of the wall and has certified that it was built in accordance with their recommendations. • Even though the plans have been revised, the intent of this requirement has been met and fulfilled. Boundaries of Tracts A and B (as shown on Exhibit C) shall be flagged and fenced to prevent intrusion during construction. Sloped areas (Exhibit C) shall also be delineated and a barrier fence erected prior to clearing and grading. Fencing locations shall be inspected by the City prior to land clearing. All fencing damaged due to construction shall be immediately replaced during the construction phase. Findings • This requirement has been fulfilled. See Item No. 5 above. 13. The Applicant shall follow all the conditions of the Department of Fisheries Hydraulic Project Approval dated February 9, 1996. Findings • The conditions specified in the HPA have been followed. Based upon the above review, the Public Works Department recommends approval of the revised Land Altering Permit with the following conditions: Items that must be completed prior to Final Plat Approval 1. Terra and Associates, or another City approved geotechnical engineer, is to provide updated safety calculations that are based upon the existing site conditions. 2. The applicant is to submit a Home Development Plan that addresses the construction of the footings, foundations, slabs, etc for the houses. The plan is to address how slope stability (side yard, front and back yards) will be preserved and delineate the construction phasing. 17 z • 6 Di J0 00 w =: -J CO ui g a. cn =w z� 0 z w ww � U, u_ Z CU 0 tH z Performance Bonds Since the site work has not been completed, the earthwork and erosion control facilities need to be inspected regularly. Additionally, there is a list of construction items z that need to be completed. To accomplish this work, it is recommended that the Applicant submit a performance bond in the amount of $150,000 for the accomplishment r4 2 of the following work: n 1 From October to March, the site is to be inspected weekly. If required, _1 p any maintenance of the erosion control facilities will be accomplished co immediately. J co IL 2. From October to March, Terra and Associates, or another City approved W o geotechnical engineer should inspect the site biweekly and stipulate that g either there has been no seepage or additional drainage is required and has been installed to correct the problem. This requirement is to continue until = d the individual houses have been built. Z 3. All punch list items associated with the site preparation are to be resolved z before house construction starts. See attached list, dated December 3, 2 1999. This bond can be released upon approval of the building permits for v N_ O the houses. o = U'. Conditions to be included on the Final Plat Documents — O' iu 1. Terra Associates, or another City approved geotechnical engineering firm, is to review and approve building and grading plans on a lot -by -lot basis; provide specific recommendations on a lot -by -lot basis for all temporary excavations, footings, foundation, and floor slab placements, and mitigation measures; review and approve plans for installation of all footings, foundations, and floor slabs. 2. Terra Associates, or another City approved geotechnical engineering firm, to observe all lot development activities, site work, including excavations, construction of all footings, foundations, retaining walls, and floor slab placements and certify that the work has been accomplished in accordance with their recommendations and addresses all geotechnical issues. Daily reports to be submitted to the City. 3. For Lots 21 through 34, the unsuitable fill material shall be over excavated during construction of foundations, footings, and floor slabs. Additionally, there will be limited excavation and removal of the unsuitable soil during driveway construction. At all times, Terra and Associates, or another City approved geotechnical engineering firm, is to 18 observe the work and certify that the work has been accomplished in accordance with their recommendations. 4. For Lots 35 through 40, the slope for the "upper portion" (South end) of each lot will be flattened during lot development to achieve an inclination of 2.5:1. Another acceptable option is to provide a cantilevered concrete or mechanically stabilized earth retaining wall with block facing. Lower portions (North end) of the lots. will have their slope problems corrected during lot development. At all times, Terra and Associates, or another City approved geotechnical engineering firm, is to observe the work and certify that the work has been accomplished in accordance with their recommendations. z _~ 2 6 � 00 ww w =' O: 5. Hold Harmless Language. g LL a; 6. Construction of the individual homes, including their footings, foundations, etc. must be accomplished in accordance with the approved z �' House Development Plan. (The actual phasing is to be included on the E- o z E-; final plat) w w; 7. The applicant is to include, as part of their permit submittal for the • Nl . individual houses, a letter from the geotechnical engineer that.certifies that o LLI the site preparation work and the footing/foundation design addresses all v, geotechnical issues and concerns and fulfills their recommendations. u o • z. Language on individual lot deeds 1. Hold harmless language. 19 FROM : AL November 19,1999 Mr.Bi11 Fowler Dujardin Development Co. P.O.Box 1059 Snohomish WA. 98291 FAX NO. : 4258251313 Dec. 14 1999 12:42PM P2 A.L.I. Landscape and Irrigation Inc P.O.Box 2131 Kirkland WA 98083 (425) 823-9400 FAX: (425) 825 -1313 RE: Phase II Landscape Installation- Fosterview Estates - Tukwila. The cost to complete Phase II landscape installation is base on blue prints from Kappler Associates Architects. Unit cost per house $ 3,815.40 excluding WSST. Lump sum price of S 152,615.95 excluding WSST. If we may be of further help on this project or you have any questions or comments please call me. MEMORANDUM TO: FROM: Gary Schulz, Urban Environmentalist DATE: October 8, 1999 File: Fosterview Estates Final Plat #L99 -0018. RE: Meeting Record with Anna Nelson, Buck & Gordon & Garett Munger, Terra Assoc: Wetland Mitigation/Enhancement Plan status. Yesterday afternoon I met with Garett and Anna on the site to look at and discuss sensitive area buffer plantings. The purpose of the meeting was to get my input and Garett's on the success of the plantings and proposed additional enhancement. The proposed additions include enhancing the buffer area along the new portion of S. 137" Street with new shrub plantings. The applicant will present to the City Council the landscape enhancement in order to get relief from building the retaining wall that was approved as a condition for several reasons. I told Anna the required retaining wall came from a combination of issues including 1) final grading standards for homes to be built on the south side of S. 137"i Street, 2) limiting the intrusion into the watercourse buffer, and 3) possible structural needs for the new street. Large rock has been used in the shoulder north of the street I made it clear to them that the integrity of the street is a Public Works issue and additional plantings may not be enough to change the requirement. We did agree that certain native plants will appropriate and could be established on in this area. Some plantings in the buffer have died and will be replaced after a decision is reached on the retaining wall. They commented that existing plantings will be lost if the wall is required. My reply is that the entire wall issue could have been avoided. The question of tree replacement for the north boundary open space area was discussed. It appears that additional trees have been planted recently in this area. We did not attempt to count the trees but I feel it will need to be done soon as leaves will be gone this month. I told Anna I would need to discuss with the Director as to how it would handled in preparation for the final plat hearing. z ._ re w; 00. N 0, COW J H w0 gas u. (.2d w z� I— 0' Z~ uj 0 co '0 H; ww U. 1--V LLiz F: = . O I- z City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98/88 John W Rants, Alavor September 15, 1999 Mr. Peter Buck, Esq. Buck & Gordon LLP 902 Waterfront Place 101 Western Avenue Seattle, WA 98104 -1097 Re: Fosterview Plat Dear Peter: On June 23, 1999 you requested that the 120 day period by which the City must process your client's application for final plat approval be stayed pending your client's completion of various items related to its application for a land altering permit. Although the 120 day period exists to protect your clients interests, by assuring that the City timely review your client's completed final plat application, the City is concerned by the amount of time that has passed since your client's request to stay the 120 day period. The City's paramount concern, however, is that your client's final plat meet all of the conditions of the preliminary plat approved and, particularly, that the issues relating to slope stability are all adequately addressed. Because the City has concerns regarding the amount of time that the 120 processing period has been stayed, the City's Public Works Director and the City's Department of Community Development would like to meet with your client regarding its progress and would like to learn when it might be expected that the final plat application can once again be processed. The City would also like to take the opportunity to review the status of the final plat application with your client and to again make sure that your client is completely aware of all of the City's requirements with respect to the plat application. Please contact Jim Morrow, Director of Public Works, or Nora Gierloff, planner, to set a meeting date to discuss the foregoing concerns. Thank you for your attention to this matter. OFFICE OF THE CITY ATTORNEY 2 Robert F. Noe City Attorney Cc: Jim Morrow Nora Gierloff P /tone: (206) 433 -1800 • City Hall Fax: 12061 433 -1833 City of Tukwila John W. Rants, Mayor June 29, 1999 Department of Community Development Steve Lancaster, Director Peter Buck Buck and Gordon LLP 902 Waterfront Place Seattle, WA 98104 -1097 SUBJECT: Fosterview Final Plat (Case File L99 0018) Dear Mr. Buck: We have received your request that the regulatory "120 -day clock" be paused with regard to the final plat application for Fosterview. Accordingly, the clock has been stopped as of June 23, 1999. This action does not change the current status of your final plat application, which is still deemed complete. We are encouraged that your client appears to be taking steps necessary to implement the preliminary plat and Land Altering Permit "conditions of approval" necessary to provide appropriate building sites. As you know, this has been a serious concern of the Community Development and Public Works departments for some time. There remain several additional issues that must be resolved before the Department of Community Development can support final plat approval. We are hopeful that the pause in the regulatory clock will provide the time needed to address all remaining issues to the mutual satisfaction of the City and your client. I suggest that we meet within the next week or so to pursue these issues. Sincerely, Steve Lancaster, lvector Department of Community Development Cc: Bob Noe James Morrow Jack Pace ora hGierloff 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 BUCK & GORDON LLP ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK, PS. PETER L. BUCK BRENT CARSON JAY I' DERR JOEL M. GORDON AMY L. KOSTERLITZ KEITH E. MOXON RECEIVED JUN 2 41999 902 WATERFRONT PLACE • 1011 WESTERN AVENUE. COMMUNITY SEATTLE, WASHINGTON 98104-1097 DEVELOPMENT (206) 382 -9540 • FACSIMILE (206) 626-0675 June 23, 1999 Mr. Steve Lancaster Director, Department of Community Development City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Fosterview Dear Mr. Lancaster: SAMUEL W.PLAUCHE SUSAN M. RIDGLEY OF COUNSEL. KITTERIDGE OLDHAM PROJECT MANAGER BRADLEY J.S. LILJEQUIST, MCI' COMMUNITY RELATIONS MARGARET E. POTTER As you know, Dujardini Development submitted its final plat application for Fosterview and the city has determined that application to be complete. Also, Dujardin has submitted a set of "as- built" drawings concerning the Land Alteration Ordinance permit (LAO) which is being reviewed by city staff. I am writing regarding the "120 day clock" on the final plat application and the LAO permit "as- built" plan set. After Dujardin submitted these documents, we met to discuss our proposed approach concerning the fill materials that had been placed within certain lots. It was Dujardin's proposal that this material be replaced with structural fill and the required keying and benching be completed at the time of home construction. You and Mr. Morrow expressed a view that encouraged Dujardin to complete the structural fill, keying and benching work now, prior to home construction. We have heeded that advice and, as you know, have equipment on site this week implementing that work. We expect that work to be completed in the next few weeks. We are requesting that the regulatory "120 day clock" be paused while we complete this work. This will give the city adequate time to consider the final plat application. Also, we are requesting that no further city review be undertaken on the submitted "as- built" LAO drawings. Once the current work is completed, we will determine what, if any, modifications to those drawing are necessary to accurately reflect as -built conditions and if drawing modifications are needed they will be submitted. Y: \W P \DUJARDIN \I.06189.BC.DOC Mr. Steve Lancaster - 2 - June 23, 1999 We understand that these requests will enable the city to better process our pending final plat application. By signing in the space provided below, the city acknowledges that these requests do not change the current status of our final plat application, that the final plat application is still deemed complete and that these requests will not be used by the city to Dujardin's detriment in evaluation of the final plat application. Thank you for your work on this matter. Acknowledged by the City of Tukwila Mr. Steve Lancaster, Planning Director cc: Jim Morrow Bob Noe John Kappler William Fowler Y : \W P \DUJARDIN \LOG 189.00.DOC City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director June 15, 1999 Mr. John Kappler Kappler Architects 13400 Northup Way East Suite 33 Bellevue, WA 98005 Re: Fosterview Subdivision - Final Wetlands Mitigation/Enhancement Plan (3/13/96): Final Plat Sensitive Areas Inspection Dear Mr. Kappler: I completed a field inspection on 6/10/99 of the installed wetland and watercourse buffer plantings. I have allowed enough time to pass for the plantings to show any significant deficiencies. Also, your landscaper, A.L.I. Landscape & Irrigation, performed some blackberry control to help the establishment of the new plants. I referred to the original plan, referenced above, that corresponds with the recent drawing you submitted on 12/7/98. The buffer enhancement is required by the Sensitive Areas Ordinance because the standard buffers of 50 feet and 35 feet have been reduced for proposed development. Buffer areas have been reduced along S. 137th Street and the back of Lots # 38, 39, and 40. The field observations indicate that the sites were properly prepared for the new plantings. The containerized plants appear healthy and are per the specifications. Overall, the enhancement plan has been correctly implemented with minor exception. I counted some shortages and will list them here. • The north portion of Tract B, north of the watercourse, is missing 10 willow cuttings. • The southern portion of Tract B, adjacent to S. 137th Street, is missing 1 western red cedar, 1 red osier dogwood, and 10 willow cuttings. • The Tract A buffer area is missing 1 western red cedar and 1 vine maple. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 Mr. John Kappler June 15, 1999 Page 2 • These plants will need to be added this year. If temporary watering does not occur this summer, it is likely that some plants will die. I would recommend adding the plants in the fall of this year along with any replacement that may be needed. As a City Council condition, you will need to submit a bond or other acceptable performance security prior to final plat approval. This security will insure 80 percent survival of all plant material at the end of two years. The security amount is the total cost of plant material including installation, maintenance, and monitoring. Monitoring is to be conducted annually for the two -year period. All other tree replacement plantings will be reviewed separately because these areas were not part of the Sensitive Areas Ordinance requirements. If you have questions, please call Nora Gierloff or me at our office. Sincerely, C, LitQAT, C. Gary Schulz Urban Environmentalist 206 - 431 -3662 Cc: Nora Gierloff, Associate Planner Steve Lancaster, DCD Director Brenda Holt, Permit Coordinator Z ire 2! J o; 0O N 0; CO W; W =. CO W; W 0; J' u. cc HW- Z I- 0: Z 2 >> 0 N: WuJ OL LI 0 L1• Z Q; O H' z , =fili SHANNON s INC. June 9, 1999 City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 93188 Attn: Mr. Jim Morrow Director of Public Works Department RECEIVED JUN 1 1 1999 TUKWILA PUBLIC WORKS RE: PEER REVIEW OF EARTHWORK RELATED DOCUMENTS FOSTERVIEW ESTATES SUBDIVISION, TUKWILA, WASHINGTON This is the final report on our peer review of the geotechnical engineering aspects of the Fosterview Estates. The review is on the following two documents. 1. Fosterview Estates, Summary Report, Geotechnical Issues, Prepared by Terra Associates, Inc., December 16, 1998. 2. Dujardin Development, Final Plat Submittal Set, Dated 1/12/99. SEATTLE RICHLAND FAIRBANKS ANCHORAGE SAINT LOUIS BOSTON The following comments summarize our interpretation of the status of the project as determined from the documents listed above. Comments on site construction observations: ► It appears that Terra was not asked to observe the majority of the construction. This is in direct contradiction to the permit, which clearly indicates that the geotechnical consultant is to be on the job site at least once per day and be on call at all times while construction is underway. ► Terra describes some of the road construction, most of the curb and gutter preparation, some of the trench backfilling, and almost all of the Keystone wall construction. ► Terra apparently did not observe any site grading. Comments on site grading: ► There is no documentation on site grading. ► From information gathered in discussions form people familiar with the site it appears likely that: 400 NORTH 34TH STREET • SUITE 100 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.633.6777 TDD: 1.800.833.6388 W- 8621 -01 z r‘w 6 O O: rO0 CO w' J 1- • w' z� I- O. zF- w D o. 0— F-- 'w W H - - 0, ui Z'. w. H' 0 z City of Tukwila Attn: Mr. Jim Morrow June 9, 1999 Page 2 SHANNON 6WILSON. INC. There are no keys as shown on the approved plans; There are no benches as shown on the approved plans; - There are no drainage provisions under fills as shown on the approved plans; The fill was not controlled as to either material quality or construction quality as specified on the approved plans; ► From the submittals it appears that The fill is steeper in places than the approved plans allow; The fill is deeper in places than the approved plans allow; The cut is steeper in places than the approved plans allow. ► We visited the site twice in March 1999 in conjunction with another study and found that areas of the site were wet and muddy and that there had been recent sliding in the fill material. In our opinion, some of these areas would not be suitable for home construction as they existed at that time. Comments on the Keystone wall: • Based on the Terra notes, the Keystone wall was probably constructed in accordance with approved plans. Comments on the roads and trenches: ► Terra's report states that roads and trenches are adequate; however; they apparently did not observe all, or even most, of the construction. ► There are references in the documentation indicating that the roads were constructed differently than shown on the approved plans. ► We have not seen approval from the City to deviate from the approved plans in any of the documents we have reviewed. ► Terra has indicated that their calculations show that the new road design to be adequate in spite of the fact that it was not approved; however, it is not clear from the documentation that the roads were completed according to the new plan either. Comments on the settlement ponds: • There are several references in the plans to settlement ponds. • There is no documentation to the affect that they were constructed. W 8621- 01.Itr.doc /wp /eet W- 8621 -01 Z: CL 2 U O N O; • w J H. w 0O g J' IL Q: d Iw z� O z� tu U C) 10 N 0 I—: w w. I— U Pc-5, ui z` N O z City of Tukwila Attn: Mr. Jim Morrow June 9, 1999 Page 3 SHANNON fiWILSON, INC. z ► There is likewise no reference to the manner in which they were abandoned if they were , i- w constructed. rt j If they were constructed as per the plans and not abandoned properly, there could be c.) O serious problems in the surrounding areas. un w w2. J 1.... Comments on the concept of developing the lots one at a time: w0 ► Many of the lots are very narrow and the site soils are poor. Therefore, the cut for one foundation will encroach on the walls of the adjacent house or on the adjacent lot unless g Q' extreme measures are taken to avoid this during construction. co �w Z• z" made stable but the yard may still be wet and/or unstable. z O w U 0— 0 I•-; w w z, N:. ► Fill of any depth. We have not seen any documentation on the fill hence consider it an U uncontrolled fill. Under the circumstances, this probably means poor quality fill placed z with insufficient compaction. ► There is no practical way to stabilize one lot at a time. The house foundation can be Lot by lot summary: The site was graded as a whole and not lot by lot and the permitted requirements for cut and fill are based on that same concept. In accordance with the City's request, we have looked through the plans on a lot by lot basis looking for specific instances where the permit requirements have been violated. We have looked at only the following types of deficiencies: Depth of fill greater than 5 feet. Slope of fill steeper than 2 horizontal to 1 vertical (2H:1 V). Areas of fill with a natural ground slope greater than 4 horizontal to 1 vertical. Since we have not seen documentation regarding benches, drainage or keys under fills over steep original ground we assume there are none. ► Slope of the cut greater than 2.5 horizontal to 1 vertical in areas where the cut is over 8 ft. ► Slope of the cut greater than 2 horizontal to 1 vertical in areas where the cut is less than 8 ft. The analysis was made based on the final plat submittal date, 1- 12 -99. In this set of plans the following sheets are of primary interest: W8621 -01.1tr.doc /wp /eet W- 8621 -01 City of Tukwila Attn: Mr. Jim Morrow June 9, 1999 Page 4 SHANNON F&WILSON. INC. ► Sheet C -03.0 has the final ground contours used in this analysis. It is our understanding that this is an as -built drawing. ► Sheet C -03.0 has the original ground contours used in this analysis. ► Sheet C -03.1 has the lot locations used in this analysis. ► Our copy of Sheet C -04 is of poor quality and was not used in this analysis. ► The geotechnical reports indicate that cut slopes in excess of 8 feet must not be steeper than 2.5 horizontal to 1 vertical and cut slopes less than 8 feet may be as steep as 2 horizontal to 1 vertical. The city has asked us to make the interpretation that the 8 feet is from the top to the bottom of the finished cut slope. The note on the plans seems to make the interpretation that the 8 feet refers to the maximum amount of material removed from any one place. ► Any deficiency found on a lot is noted, regardless of where it is on that lot. Based on these assumptions and the drawings, we have measured slopes, cuts, and fills, and have prepared the attached table. The plans are difficult to read in many places and the scale is relatively small. We have not done any subsurface explorations and were not present during any of the construction. We have made our best interpretation of the conditions with the information available. We trust that this information is sufficient for your current needs. If you have any questions please feel free to call. Sincerely SHANNON & WILSON, INC. Thomas C. Kinney, Vice President RWS:TCK/tck Enclosure: Table 1 — Observed Permit Infractions W 8621- 01.Itr.doc /wp /eet EXPIRES 9/3/ !1! W- 8621 -01 . w. f,Cg. U o ; (3: Ill U) u. • w o: gQ o: w: z �. I- a wI.- 0: 0I w —i F V z N iu U _. z SHANNON &WILSON, INC. TABLE 1 OBSERVED PERMIT INFRACTIONS •1'.461.746.,7Z-r.;:ix,,,,,. tot Number ,* . W.,I.W.,..t gt., 4.,tilt.', it:.7.,„; ,;:uzn,Tc,40....ntiriii.i.44.4t4;xt reA.1,1-;-,,.. (i,s,L17,-.;ft.kv114,, ,,,eg-AR;:liviii,t4. itY5:..feet ..., ..,.. ,, ,77,....,.....1,-.)“......,,,t,, ,(4-3,,.1,?,;:ii.1-4..iti.,4.-to.; ,t-,...AF„1.11..§10.,,noe./.t44 •,-'4*2•1:-..,2'." ...q.v.4 . • .. .,,.,,,: 4,1.• • ,,.' ,, . • - . _f,,,Boftoilaffilm. 77tigjii...-0.'ig„,.xv'i l'-'''"'"-44:1.'" ,.,.,/,;..11.... . • kVi:A.:;.04, , . • ,, . • . ,lit,....i.,.cocktr,ir.z•-: 41., E$19--.-pi,,;:,f ~7,,,_.-4.11'-'..,.1-.1,4..,;.--...--.. ,-.4,...... .......-. .. i,..14',4"; ., . :,,izlit,:ciit-.8-4,44,,\,- ,..;,,,..e.,-,,i,,ik.e.-4,..,,,,..,: ;7-,......-A--,k•a: JC...1:1'.4:21:." 1 x x x , 2 x x 3 x x x x 4 x x x 5 x x x x 6 x x x x 7 x x x x 8 x x x x 9 x x x x x 10 x x 11 x x x 12 x x 13 x x x 14 x x x 15 x x x 16 x x 17 x 18 x 19 x 20 x 21 x 22 x 23 x 24 x 25 x 26 x x 27 x x 28 x 29 x 30 x 31 x 32 33 34 35 x 36 x 37 x 38 x 39 x 40 x W-8621-01 May 12, 1999 TO: City of Tukwila Dept. of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 FROM: Lee M Loyd & Pamela S. Riess 13531 43rd Ave S. Tukwila, WA 98168 Tukwila City Council, RECEIVED CITY OF TUKWILA MAY 1 2 1999 PERMIT CENTER A. Background /History of the Development, from our perspective: The Loyd -Riess property borders the Fosterview Estates for almost 280' along our south property line (the north property line of Fosterview). This private residence was never noted on the original plans for the "development ". It has been enormously negatively impacted for almost 6 years (the worst of the impact in the last 3 summers and now continuing into the 4th). (note photo #1 from Dec. 1993 when the first survey was marked out for removal of all natural vegetation) All trees were cut down, all vegetation ground up, all existing elevations were dug up, moved around, piled up, dug up again and moved again. This cycle was repeated many times, particularly along our border. Years of heavy equipment, some of which shook our house, exhaust pollution, dirt and dust, and noise levels which forbade even telephone conversations have degraded our entire life at "home ". We purchased this property because we wanted to live here. However, had we wanted to sell, once the onslaught began, it wasn't a good option because of the daytime noise and invasiveness of the operation, the ugliness and destruction of the project and the drainage problems we experienced (more info below). This is not just guesswork; the county assessor's office actually lowered the valuation on our property for the (above) reasons. Plans had already been made to construct the most complex, elaborate underground drainage system which could be designed to deal with the massive drainage issues. The developer, at the same time, chose to dismiss these issues as untrue despite all first hand local history to the contrary. This elaborate system was carefully laid out to aim precisely down -hill at our property and make a sharp, unnatural, right turn directly above the west side of our house, right next to our property line. (see photos 3, 3a 3b) Despite the length of our property line the exact location of this crucial portion of the drainage system was located as close as possible to our house. Because so many seeming incompetent contractors were hired, most of the more invasive, noisy, dirty work on this elaborate system had to be done over as many as three times, thus prolonging the assault on our home for years. (see photos 1, 1 a, 1 b, 2, 2a, 2b, 7, 7a) The most outrageous assault on our property occurred in October 1997 when the incompetent construction underway on the drainage system allowed water to collect in earth dams on the surface. During one of our frequent rain storms a dam failed and dirty, muddy water rushed down the hill, surrounding our house, gushing down the west side basement stairs, flooding our fully finished basement. Weeks of clean up, negotiations, repair work and lost time at our jobs, i.e. use of "vacation" time resulted. (see photos 4, 4a) Dujardin's insurance covered most of the physical damage, but the impact on us of time and stress were monumental. We are ever so grateful to the city firemen, city council- member Pam Carter and other city officials for their help during this physical and emotional blow. B. Specific Unresolved Issues: There are problems we would like to see addressed while final plat approval is being considered. Issues relating to our property: • In the spring of 1998 we made a major investment to have our property surveyed. On the line adjacent with the Fosterview Estates, 3 property stakes /pins were placed in the ground. They have been repeatedly buried and despite assurances to the contrary, they are currently • They have been repeatedly buried and despite assurances to the contrary, they are currently not visible at all. Our attempts at locating a crucial marker, on our southeast corner, have failed. (see photos 5, 5a, 5b) If the developers cannot locate the original markers, we want our original surveyor to to reestablish those lines, at the expense of Dujardin or the city. The developers' surveyors cannot be considered impartial, as they have proven, over time, to have no indication of our correct boundaries. • The agreement aproved by the Tukwila City Council in 1993 specified a black chain link fence to be installed along the north side of the Fosterview property for the length of our property. In addition, a dense hedge was to be planted north of the fence line. That work has been done, but we believe it has not been completed. The Loyd /Riess property is 278.8', the fence was specified out @ 235' and later lengthened to somewhere around 250'. The irony is that we could tell for certain how far the fence should go if only our property marker wasn't buried. We want to see the fence completed to the Southwest corner of our property, and the appropriate number of additional shrubs calculated and planted. The shrubs that have been planted look very nice, and we appreciate Kappler Architects' negotiating some planting alterations with us. There are currently 47 shrubs; using the calculation of 278' with plants 5' on center, that would be 55.6 plants. Eight more plants should be added, and could be placed between some of the currently set plants. • The current documents still specify that the fence was to be erected "on top of the bulkhead .or rockery". Some of the areas on which the fence is installed are unstable. It is just the gravel roadbed, held back by black plastic and wooden stakes. (can be seen in the background of photos 6, 6a) This needs to be inspected and better engineered. Other issues relating to the site in general: • Adequate lighting is needed. This dead area that has been created naturally attracts criminal activity. It would be good to have some lighting partially down the pedestrian path (perhaps at the intersection of the path and the utility road ?). • The utility road which was cut in on 2 sides (north and east) of the Loyd /Riess property was originally called out as gravel. The current documentation notes the east portion is to be covered in asphalt. As this is not a public thoroughfare, please specify that a removable, locking gate similar to the one (next to this road) at the closed portion of 43rd Ave. S. be installed permanently. We have witnessed vehicles trying to access the Fosterview Estates by the current gravel road, even when it was still very rough. This small road also attracts criminal activity, as it is all too frequently used as an attempted "get- away" route in police chases. (easy to verify with police and other neighbors) C. In addition to our specific concerns and requests, we would like to address some broader issues: Being the neighbor with the most adjacent property (278 +') and directly downslope from the massive artificial grades, we have serious concerns such as there being far too many structures placed on unstable soil and continuing unreliability of the drainage system. Early this spring, water again forced an opening around the sewer works, eroding and flooding our property (but, fortunately, not the house). (See photos 6, 6a; Greg Villanueva witnessed the problem) While the situation was remedied, we don't know how long the solutions will last or if new problems will crop up as houses are built and, when homeowners move in, as properties are altered by the new residents. The so- called protected wetland areas have been treated like a dumping ground by various work crews on the site. We can see no reason why we should feel any level of confidence in further construction on this site. According to the covenants proposed for the property owners of Fosterview Estates, they will be responsible for maintaining such significant infrastructure as the french drains. What possible assurance do we have that this will be enforced? How would we know? The Tukwila City Council approved the start of this project years ago, totally accepting the presentation of the Planning Department, who had worked as closely as possible with Dujardin. All local, residential comment to the contrary, the city council accepted the developer's plan. Many residents were opposed, not to the development, but to the density of the development, as well as having serious concerns about water runoff. Six years later the property stands as a decimated, treeless, leaky series of unnatural slopes, most of which should not be considered safe to build upon. The numerous springs on that property, (as similar to all the other properties in the area) will not be contained by sewer /storm drains. The large annual rainfall and the natural occurrence of storms contributes to the potential created for disasters in the future. These are among the many issues which must be considered. Having observed this process closely for a number of years, we living next door, so to speak, have serious doubts about a positive outcome. We would certainly like to have reason to look forward to one. We appreciate the opportunity to offer our comments and hope to continue to work with everyone involved. . sincerely Lee M Loyd & Pamela- S.)Riess - = W t� • JU' .UO w ' .cnw W =; J WLL" 2 AL ct' • = d' I--. W•• • Z I—; I- O' • O( WW H V W .. O 1- •• • Z 1. KOLER, FITZSIMMONS & WETHERELL, P.S. LAW OFFICES THE BRODERICK BUILDING • PENTHOUSE SUITE 615 SECOND AVENUE • SEATTLE, WASHINGTON 98104-2203 PHONE (206) 621 -6440 • Fax (206) 587 -0226 z RAND L. KOLER ' = I-: RAND @KFWLAW.COM ry W May 12, 1999 6 n 00 CO 0 Tukwila City Council CO z, City of Tukwila co u~.; 6300 Southcenter Boulevard, Suite 100 w o g Tukwila, Washington 98188 �a Subject: Fosterview Estates; = a Final Plat Approval. 1-- La zF 1-o w I- g j! On behalf of Ron and Nancy Lamb we have been asked to comment on the matter of the v N. final plat approval of the above - referenced subdivision. The Lambs and other citizens have ,o t-' expressed a number of concerns about this project from the time of the hearing on = w LI preliminary approval, and throughout its long history this development has been beset with problems. The developer now asks the City to not take the conditions for approval literally z z. and bend its rules to permit final approval of the subdivision. It asks the City to disregard the cwi co:. conditions that were intended to protect the public health and safety with respect to a steeply sloped area identified by AGI Technologies (its current name), as an area of landslide hazard. z Dear Council Members: It is the duty of the city council to strictly enforce the conditions for approval of the preliminary plat, as well as the state and local laws in considering final approval of a subdivision. RCW 58.17.170 states in part that it must be found that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval .... [Italics added.] The Tukwila Municipal Code contains a similar requirement for final plat approval in addition to requiring that the state statutes be satisfied. This is a planned residential development in a sensitive area. The development affects a wetlands, a known drainage problem that could not be adequately analyzed before the roads were built, and a steep slope in an area with a history of landslides. The AGI report in 1993 disagreed with the developer's conclusions regarding the stability of the slope and specifically concluded that the development would have a destabilizing effect on the slope. RECEIVED CITY OF TUKWILA MAY 1 2 1999 PERMIT CENTER Tukwila city Council May 12, 1999 Page 2 The City has a special relationship with the people who live down slope from the development, as well as people who may in the future live in the development. The safety and welfare of these people depend on the City's vigilant mitigation of known risks. Before issuing final approval the City must not only be certain of the fulfillment of the conditions to final approval, but the City is required to verify that all state and local laws relating to land use, particularly wetlands, steep slopes and drainage are satisfied. The Lambs and others are quite concerned that there are uncertainties regarding the grading, the drainage and tree removal on the site. The tree removal has a destabilizing effect on the slope beyond the conditions contemplated at the time of conditional approval. They are concerned that the developer has not even met the grading requirements. The flooding of residences downhill from the project, among other things, calls into question the adequacy of the drainage plan. Given the multitude of recent landslides in the region and the site's history of instability, the City has a duty to give this application the closest scrutiny. Instead of loosening the standards imposed at the time of the conditional approval, we urge the Council to closely consider the drainage issues that could not then be adequately evaluated. Please take note that the slope stability issues have been exacerbated by intervening conditions. In this case the developer has chosen to disregard the appropriate procedure. Instead of petitioning to have these conditions reconsidered or amended, the developer chose to proceed with the project, then seek approval based on an approximate fulfillment of the conditions. This imposes an avoidable and totally unwarranted risk on the safety of the community. We respectfully request that approval be denied. We anticipate that additional information will become available before the public hearing on this matter and we reserve the right to present additional evidence and information at that time. Very truly yours, KOLER, FITZSIMMONS & WETHERELL, P.S. Rand L. Koler EC GITYOF TUKWILA MAY 1 2 1999 PERMIT CENTER z ;f.- w ▪ 11: R .0 O cno Cow. •w =; N LL, wo u- <.. =• a, 1.-_ zI` o: z1 UC O :o .w w: z: .O! z April 6, 1999 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: L99 -0018 Final Plat Application Dear John, Your application for final plat approval for the Fosterview Estates Subdivision has been found to be complete on April 6, 1999 for the purpose of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, please call me. Once you have notified me that the notice board has been installed I will post it with a laminated copy of the Notice of Application and the comment period will start. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. If you have any questions please call me at (206) 433 -7141. Sincerely, Nora Gierloff Associate Planner C: \Nora's Files \FSTRVIEW\Final Plat Complete.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431.3665 ~z w 6 J U:. UO: N N w. JH wO LL a. = a' ti—= Z Z °' ww o: U{. w w. 1-L-' iui z. U N 5 o z PART C: (To be completed by governing furls, 04/05/99 09:46 FAX 206 626 0675 04/05/99 09:32 FAX 206 24! 744 "mow CITY OF TUKWILA Permit Center 6300 Sauthcenter Boulevard, Suite 100, Tukwila, WA 98188 Telephone: (206) 431 -3670 BUCK & GORDON LLP KC WATER DIS.125 Certificate of Water Avaiia Z003/004 2002/003 H-lla [My PROJECT #: (Required only if outside City o`' Tukwila water utility district) of main): PART A: (To be completed Ste Address (Attach MO2 and Legal Description showing by applicant 1 hydugategivi and pine Owner Inforinafion:' A ! entFContact Person: Name: Name: Address z _ Address*. Phone: Phone: This certificate is for the purposes of: ❑ Residential Building Permit ❑ Preliminary Plat ❑ Commercial/Industrial Buildin! Permit ❑ Rezone ❑ Short Subdivision Other Estimated number of service connections and meter size(s): Vehicular distance from nearest hydrant to the closest point of structure • t- Area is served by (Water utility districts Owner /Agent Signature: DatE : PART B: (To be completed by water utility di The proposed project is located within (Cityr County) The improvements required to upgrade the water system to brin • into compliancy: with the utilities' comprehensive plan or to meet the minimum flow r- • uirements of the project before connection: r • ( u i n EZe'uo Adr . er.�L• 'fI7 a (Useparate sheet if more room Fs needed) Based upon the improvements listed above, water can be provided and will be available at the site with a flow of 1 O O qpm at 20 psi residual for a duration of 2 hours at a velocity of yr; .? ,fps as documented by the attached calculations. L I hereby certify that the above information is true and correct. 1G itel■y CO,44) A-- r d) tS 1t7 Agency /Phone?Ar — 71fZ -2 s • Date Water Availability: ❑ Acceptable service can be provided to this project ❑ Acceptable service cannot be provided to this project unless the improvemen•:s In item C2 are met. ❑ System isn't capable of providing service to this project. Minimum water system improvements: (At least equal to B2 above) Use se to sheet ifmore mom is needed) Ajency/Phone WTRAVA!LDOC 6/5/96 By • Q• • - ,C1• Reza= - • o Wier 3. Esikiited Number os Saysx CAr7e aadMC?rS'ies(,' 4 : seme.aa gdevel on at azezisbelye=itec 0220 ytt A: 'Sotaree ofinbabaaan D,vaP tea_ 0 Fee Maui D nr+vdopctis •Q 6 r 9 Q T a i m g a c e v a a r s t r s 0- T . T 0 Other —. 5. Air fs =vat bye ' • - - •Darr x 6. ▪ OA. OtenetlAspes Sigma= PART B: (TO BB COXPLETED 83▪ Z"9QwiERT333± r L} . 1. Ths proposed projeafrinc ated with la g% c42 .3415 A. 91 Z ' 1F�ul 15 ? ti \LA ,3111. '— Imizevonesas,=Nicol m gads ttm wazzr WE= WO oompII»>es ▪ snth deer° ea embarsve ;ant of re meet the mom Sow Feloiseineras of the mica' Ne a co==1, of wEL 6a c aIIon & • so= tct swhLL. �. � ct �� SIAS'S t d G. 611 W "IW 4,13 AL. s. NeCV► as e F .% nPviw1N%1ik Thd) S raWt 3. Bged vela the ' listed above. rear =II= provided a� ts� be: aveslabk ai the �s a =Wag of ' pti at 1 909 - • gptq foe a &oak= of �� boots at a velocity of. 9 •3 tos as doeamcascdby eye aoaebed a%daaoas YbezebY ow* tlZel= above iiform ais,ttae bpd ogee . 4 Malian 8' -f- ,� v•.1+ • PAST c (I'O BE COld PLgir3 BT GCTIENING JURISDIC'i7DN) o d sy 1.s `EM • L WU= Av$labiTiry ■ Check on • Amepreb]aservicerubep v+tded.iar#wproieet Acesfplaile grprp eiinew 11i riesefeled nD Obis' i t ACM ;Le isapmciwua ..au 'Shirai W. U rx 8C2 ate= 0 Sy eecelcssa mpab7avFgsvrs aesTSia tbiapevjr.R • • . ,• .2 hraciamiee w4t=ilyetete moo~ Ogleas 82'a60r) Z1004/004 R1003/003 APP Nora Gierloff City of Tukwila 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 RE: Sewer availability Letter Dear Nora, En ARC T VC TS 'PS 9 1- our conly fete-home yCclitili118 resource April 2, 1999 • • F.7.CEIVED APR 0 6 1999 Enclosed is the sewer availability letter from the Val Vue Sewer District. Hard copy to follow in the mail today. Also, do you need another copy of the water availability letter? Please call with any questions or comments. CC: Brent Carson . . . 13400 Trorthuy Way East, Suite 33 . Bellevue, W 98005 1.800.888.4517. (425)641.5320 . fax: (425)641.5318 www.kayfertiomelans.com March 29, 1999 John Kappler Kappler Architects, P.S. 13400 Northup Way East Suite 33 Bellevue, WA 98005 Dear Mr. Kappler: The Fosterview sewer system has been accepted to date except for final adjustment of manhole frame and covers, and clean out frame & covers to be set at final grade. The charges due will be as follows: General Facilities charge Metro Capacity charge Side Sewer Permit $ 850.00 per lot $1,090.00 per lot $ 80.00 per lot If there are any questions please contact me at (206) 242 -3236. Sincerely, Steve Fletcher Inspector Val Vue Sewer District SF /kh P.O. BOX 69550 SEATTLE, WA 98168 14816 MILITARY ROAD SOUTH MICHAEL J. WEST JOE T COLELLO DAVID L. RUITER FRANCIS L. SHEEN COMMISSIONERS T. J. MATELICH GENERAL MANAGER DANA R. DICK ASSISTANT MANAGER 206/242 -3236 FAX 206/242 -1527 =I-; :tt 2 6 V `O O Cr =! w O! u. a • =d 1- w,. _. z�.:. :z o;. ■ w; U 0 iO • i0 H'i iw W! 1- u_ o; w N; :O. ~' { "WORKING TOWARD A BETTEH ENVIRONMENT" 7traik,r/7.L___07 !ER DISTMICT / 14816 Military Road South P.O. Box 69550 Tukwila, WA 98168 Phone: (206) 242 -3236 Fax: (206) 242 -1527 CERTIFICATE OF SEWER AVAILABILITY /NON - AVAILABILITY a Certificate of Sewer Availability OR ❑ Certificate of Sewer Non - Availability Part A: (To Be Completed by Applicant) Purpose of Certificate: ❑ Building Permit Preliminary Plat or PUD ❑ Other ❑ Short Subdivision ❑ Rezone Propd Use: IWA Residential Single Family ❑ Residential Multi - Family ❑ Commercial ❑ Other Applicants Name: Phone: Property Address or Approximate Location: /37 -1 4219 Legal Description(Attach Map and Legal Description if necessary): Part B: (To Be Completed by Sewer Agency) // 1. E a. Sewer Service will be provided by side sewer connection only to an existing 6 size sewer oil/ feet-from the site and the sewer system has the capacity to serve the proposed use. OR ❑ b. Sewer service will require an improvement to the sewer system of: ❑ (1) feet of sewer trunk or lateral to reach the site; and /or ❑ (2) the construction of a collection system on the site; and /or ❑ (3) other (describe): 2. (Must be completed if 1.b above is checked) ❑ a. The sewer system improvement is in conformance with a County approved sewer comprehensive plan, OR ❑ b. The sewer system improvement will require a sewer comprehensive plan amendment. 3. Ira. The proposed project is within the corporate limits of the District, or has been granted Boundary Review Board approval for extension of service outside the District of city, OR ❑ b. Annexation or BRB approval will be necessary to provide service. 4. Service is subject to the following: a. District Connection Charges due prior to connection: • - L�+ GFC: $ S 5-0 9C' SFC: $ UNIT: $ TOTAL: $ 85-o . °'° (Subject to Change on January 1st) King County/METRO Capacity Charge: Currently, $1090 /residential equivalent, mill be billed directly by King County after connection to the sewer system. (Subject to change by King Co/Metro without notice.) b. Easements: Required ❑ May be Required c. Other: I hereby certify that the above sewer agency information is true. This certification shall be valid for one year from the date of signature. By f31‘. )V7S, 7 , Title / 3 -2-59 Date • .• • .; ' •• • " • • -4141r% • ••.,. '• • (9* " (9M 44Y,2143.1 i4ieyv SiNVf7flSNOO .3S( *IV . • . . „ . ooss.. '':`,c/N665-.61/6/ . : • • • JO,U1O '3 17 N NOLLO . fr/i §151iid1 N3QdVO Osejaisal tv8sytja31 NI 301S43/c18 29 IOV& JO N.01480FI. . JO. ...4L117crig' : . SLOVISLY 4taI4:434$ H3 PARCEL A:. 0 CV reiEckW RCH I p el 3 ::::' THAT,:foRnoN OF GOVERNMENT LOT 2, SECTION 15, TOWNSHIP 23 NORTH, RANGE . .. ,.;,;,:; - • PRELIMINARY PA T NO. L93-0014 FIN ,41. .plzA T NO. L:99 — •, •. • • • , A. F. NO. z 1 z 6 - 0 O 0 w ILI - I F.- CO LL• tu 0 2 g 7:1 u— < (f) ° I- ILI Z I- 0. Z I- LL! a 2 a O (0 O - CI I- W • a LI 0 • Z wo) O 1- CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, Wrt• 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail: tukplan@ci,tukwila.wa.us SUBDIVISION FINAL PLAT APPLICATION FOR STAFF USE ONLY Sierra Type: P-SUBF Planner: Mores. Za.) ; eri File Number: L11_0„--,18 Application Complete (Date: ) Project File Number: -pq2- DO 4'r Application Incomplete (Date: ) Other File Numbers: L13- av 1 4 • Pra.�,rr-, NAME OF PROJECT/DEVELOPMENT: Fosterview Estates Ph19G -6151- LAt2 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection, LIST ALL TAX LOT NUMBERS. Attached Quarter; Section: 15. Township: 0ZA.1 Range: )-7/E (This Information may be found on your tax statement,) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant - in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: Address: Phone: Sign 9'd John Kappler / Kappler Architects A6400 Northup Way, Suite 33, Bellevue, WA 98005 .!1s ismariak r1„ 320 FAX: (425) 641 -5318 RECEIVED CITY OF TUKWILA MAR 1 1 1999 PERMIT CENTER Md /C U hlIM>ifll NdLP : b0 66 , 59 Rid C(i)f1 P L E APPLICATION C CKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that , certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206.431 -3670 (Department of Community Development) and 206 -433 -0179 (Department of Public Works), COMPLETE APPLICATION CHECKLIST �?.;4 i i i i;..vi *r:,�,.._,'�• s:- .T.;:7.. -• - - -- __ ='!` •.ir ::. >. ry�':'i�'I, 6'.'- ?.i�r�. :0;�., ': i• ,i• •S .�. ':1'• _ •'r '. 1..] �'- '•�(J: ,n. _ •4;•/ �,ii- tvz. �I'. l,f',�j.�. ^`' 74�p-r,� .� --1� �w . },�,� t•i;,li.lij - �'��ti�r�•, ;; ' It 4,44. ;� .Li. ��.,: i;. ;.t ;;-, i ' ' ' �t i c;.d5�1•. Win: -�;;�z�l� a � ;Z�• ,�3= m& .r1 t- :?•.�,, Jt_ .� a:I .�'`i ''.•y 3`irt$ "%,' _ u•1: 47� u•• %° „ ,.i. rM•'�•'i 'tit ':_ ±�. :z. ^• :x%,cc.� -_ :.. :i. ".t� ...:•wz :rr.�.1.4: .�_.!'.�? ^iLt .�i:! . }• -, (.: * - < .xr ';aid` tv...:.2-...:a.'.iii 41' :.. .., �i: .t iii.s.� .:c � u #. APPLICATION MATERIALS: 1. Application Checklist (1 copy), indicating items submitted with application. II - 17t.r.e,„,vt 2. Completed Application Form (8 copies) and one set of all plans reduced to 81/2 to 11". 2ee...e..iveai Vl a^ 11)117 3. Application Fee S400 plus S25 per lot. Vecw.. PUBLIC NOTICE MATERIALS: 4. King County Assessor's map(s) which shows the location of each •ro • erty within 500 ft. of the subject lot L Ut, 5. .A sets of mailing labels for all property owners and dap?: ' residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple- family buildings - -e.g. apartments, condos, trailer parks- -must be included) (see Attachment A) — 1Z e.c,e..&p at 6. A 4' x 4' public notice board will be required on site within 14 days of the Department determining that a complete application has been received (see Attachment 1). .rte_es 'Q,pt,crec� ar W PROPERTY INFORMATION: 7. Vicinity Map with site location. an - _ ,..- 8. Title Report- Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing. `1s 1Ze x., e.J. 9. Legal description of the subdivision. boundaries. 10. Any required maintenance agreements, easements or other documents ready for recording, `'� °� C, Gfi e 5 c GGGn.ec,� 11. Tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and any Iimitations. '� ( "r. r,,,, v� A - Gtr tech '�' r o� ?1AA- £'d Md /CDC' y1IMN1f1 NNldbb : t.O 66, SO aid -... :. - I�_. `� '.,.�;?:�.- v:,.,; ;�•� ''Y�, :-�; rZ7i1'�4�""T�'� -_: 's�. v:•:rr.-- ia;:fl�; -... �f , ...i = .,. .. .,i +, -, J;... •a%:. ^ �1 ,t,., li.• x�..o t�c_..._sr.� t • .1: . •' L �Y.. . :T. }r� � " • � �r, li.L.. ..��... _ _ _ _ �'i --Me_ 'V- �+, J'J.Y.Y • �.L.• .J 'f]:t_ 1r ��tis� b'" \ �'I�G _ _ PROJECT DESCRIPTION AND ANALYSIS: . 12. A written discussion of project consistency with each decision criteria. (See Application) 13. All documentation necessary to demonstrate that conditions of preliminary plat approval have been met. i SURVEY: 14. The final plat survey must include the name of the plat, City of Tukwila file number, graphic scale and north arrow. It shall be drawn with black iak in record of survey format and include the elements listed at TMC 17.04.060 A (6). • �L� 15. The final plat documents must include all applicable certificates and approvals listed in the "Certificates and Approvals" section of this application (TMC 17.04.060 B). Sections for the surveyor and owners) must be signed prior to submittal. 51,,pt,,,n vn 91 o.1-, vin& — 5cr� ion ,n.> -4- s� 16. One set of all plans and analyses shall be stamped by a licensed professional surveyor, architect or engineer, and have an original signature. Seven additional copies of the signed set shall be submitted to satisfy the total number of copies required. Revisions shall also satisfy this criteria. 12.ec-e01 17. A boundary and topographic survey (2 ft, contours including a minimum 20 $. beyond the property line) with all structures, improvements, easements, encumbrances and right•of'way width/infrastructure. Elevations shall be City of Tukwila datum (NGV 1929 datum for 100 year flood elevation with equation to City of Tukwila datum). This shall be stamped by the surveyor. I �� 01.,..-)A a r✓ �' l p4 r �,�c�S SL,f0 ,.v., r�\. 1 a, 2-14-c) rwrse,nt v se.--4.- s`.,low`' 18. The final plat shall be accompanied by an approved printed computer plat closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries. Allowable error of closure shall not exceed one foot in 5,000 feet. 19. Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites.). Provide sensitive area studies as needed per TMC 18.45. Also show trees over 4" caliper, indicating those to be retained. All proposed sensitive area and tree protection measures shall be shown. 20. 100 yr. flood plain boundary and elevation as shown on FEMA maps. v Y� 21. Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. S .....,n _ 22. Lot and block numbers shall begin with the number one (1) and be numbered consecutively without omission or duplication. 61/101,,)n i ),,.{-s r`4,,,, -1 -e car- G .1 E, C' }- 3 23. Total lot or parcel sizes and average width of each proposed lot (min 50 ft.). Sl,t v,... n t7'd Md /CDC dfIM>ifll WdSt : b0 66, SO Had :j•. `7v.{��t f::; - :C ,: ±: : :i_ r.:4,-;:, 1 .i. ,• • .. .. ., , '; �. i. 'r ";.�,�1'1 �� :���'•i,. 'y.�: i�''L'''•ii:j�.. .j�'`.,K�r. rl•r% -i: rr,;, �4ti • ..1.-,-.-• ,• .1: .! '.' it % :.'. f:, . r _ a : +•�:.. hM . r' - - -.• ; .:' •- • Y�` ��'t�,..v� -' ,,- •r. -, 04µ-44'%•.I •.:!S.i7: ..ra __:-• ...1 X4-3 -.Wi •ice' • '.• ui . . - � '�r •• ��;,:5'f Y++Ciw� ' W �/- y� � z' Sa.es.r•:� • '0• ��:.- r.7,- �-li �^ : •'..�. 24. Landscape planting plan by a Washington State licensed landscape architect. One set of all plans and analyses shall have an original ASLA stamp and signature. Additional copies of the signed set may be submitted to satisfy the total number of copies required. Revisions shall satisfy this criteria. 'f�;. . ^.hrY e' �Jy rF i— r;Li1 s'� c m: : - p . i t 4 � -".'.'''r,;,-. � a �y�p � L �¢ � r_ a:i, ��ir .i�' C0n G Rr i " 1i . ,"'••` Pr y� ■; y t•4v ti 1 J J.1� -N S y T>l7 t .• .1 i - .� i � ` n � = .�i . ��■_17,44: f . L A v 'r,c, Total existing lots prior to the subdivision 25. Any proposed signage per the Tukwila Sign Code. Total lots in this subdivision /� oexe_ ,P (ovec4 "Pf oS c 5t1tiS; t'Me—.Or 4-s 4rac. 26. For parcels with stream frontage- provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). q. 6,.. t /7, j 5 bv:lol lose_ t A vPc. a:A- 'Plc.-4. 2/, j gr„ss /L,, 27. Fire access lanes and turn- arounds to be per Fire Department standards. ._ UTILITIES 28. For sewer and water (domestxe and fire)- Existing and proposed utility easements and improvements, on site and in street. Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main. No capacity talcs, invert depth, valve locations or the like are needed). LAD --- r r, iwS 29. Document sewer and water availability if provided by other than the City of Tukwila. \4a r pa t- ralcd, rat -r Se-e.„0 t- nr' 30. Storm drainage- design for all conveyance systems, water quality features and detention structures per TMC 16.54.060(D) (e.g. detention ponds /vaults, frop -T elbows, coalescing plate separators, and bio- swales), L� 31. Locate all hydrants (adequate fire flow demonstrated in the "water availability" documentation). ' 244-0 -psis GROWTH MANAGEMENT ACT REQUIRED INFORMATION FOR SHORT PLATS, SUBDIVISIONS, BOUNDARY LINE ADJUSTMENTS AND LOx' CONSOLIDATIONS ONLY -r_ t; F . > i : :^. . , : n3 vi� �n.ti - � Y t 4a : i rx 4,4 -7w t t . : i � : �r*•. .1 ' S Ff j •1'%`'1 � ' t q `rri §i^ r- L r Ju• ' �'� Ps e : ✓ .111. �Ar'r4 d - � "� x i., er. :•.7j' r4J� :�fy. i 'Z' ......N�Y-5 'f�;. . ^.hrY e' �Jy rF i— r;Li1 s'� c m: : - p . i t 4 � -".'.'''r,;,-. � a �y�p � L �¢ � r_ a:i, ��ir .i�' C0n G Rr i " 1i . ,"'••` Pr y� ■; y t•4v ti 1 J J.1� -N S y T>l7 t .• .1 i - .� i � ` n � = .�i . ��■_17,44: f . r � _ • Qg t 5.5.4 �P%cr�i1 : �l.i 1J: fi 4•a .*i" Total existing lots prior to the subdivision 4 Total lots in this subdivision ,S/0 "Pf oS c 5t1tiS; t'Me—.Or 4-s 4rac. Total acres involved in the subdivision q. 6,.. t /7, j 5 bv:lol lose_ Overall density of the subdivision (units /acre) 2/, j gr„ss /L,, 6, burl otable- S•d Md /QJCI H1IMiln1 Wd9t :t70 66, SO fi3 Z Z w 00 N o; CO W �1- (0 w ' w0 LQ -0. Zf..• F- 0 Z I- nO • !O co, o w w. uiz U= • O: Z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director January 12, 1999 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Fosterview Final Plat Issues Dear John, This is a combined response to the Fosterview correspondence since mid - October of last year to supplement our verbal communications. This includes our letter of October 10th as well as letters from you and Brent Carson regarding the resolution of final plat issues for the Fosterview subdivision. • Our responses are organized below by letter date. Tukwila's letter of 10/19/98 Itemizing final plat issues Page 2: It does not appear that you have submitted revisions to your LAO permit as we requested several times during the past year. This will likely put you in the position of attempting to apply for final plat approval before the issues with your infrastructure permits have been resolved. As we stated in our 1/23/98 letter to Bill Fowler "You may file for final plat approval only after the permit revisions have been approved, construction completed and all utility, land altering, and building permits finaled and any needed bonds posted." All required infrastructure must be installed and approved or bonded before your final plat application can be declared complete. In order to bond uncompleted items covered by the LAO permit you must submit the requested revisions, the Public Works department must review and comment, and the scope and amount of the bonding must be approved. It is not clear if you will be able to accomplish this prior to the expiration of the plat. Page 3. We are still waiting for the submittal of the bound and indexed geotechnical information to send out for peer review. We will not be able to make a recommendation 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax. (206) 431 -3665 z -z W. re 2 :J U.. C.) Cr CO O, • .U) w W _' J CO u_ w 0; g a' Via- �w z� 1= OT .z w U� 'O N O N. w w` U. • u. I i • • ui z U z Fosterview Subdivision Issues Page 2 to the City Council about whether the preliminary plat conditions have been met until any issues raised by the peer review have been identified and resolved. This may well take several months if unstable soils must be removed and lots regraded. Page 3. It does not appear that any progress has been made on the bioswale issue. The preliminary plat SEPA condition number 1 requires water quality treatment through wet vaults and bioswales. The bioswale shall be constructed per approved plans or redesigned to meet the current edition of the KCSWDM criteria. Please contact the Public Works Department to resolve this issue. Page 3. The issue about how many trees were removed from Tract B and what replacement will be required has not been resolved. Page 3. We are currently reviewing your application for the retaining wall along the north side of 137th Street. Page 4. A comprehensive punch list will be prepared by the City when the plat construction is 99% complete. Kappler 's letter of 11/16/98 Regarding Phase 1 landscape installation z Z : re 2 O - o U WI J H; CO u W o: ga cod I— _, Z I-0: Z E- D UD U; 0 = w; Page 1. Gary Barnett has determined that replacement trees may be planted no closer v z: w Page 2. As you understand from our subsequent discussions, staff is assisting you in developing your documents for final plat application. The decision about whether you have met the preliminary plat conditions is made by the City Council. than ten feet from the storm and sewer lines. Carson's letter of 11/24/98 Regarding bonding requirements Item 1. This item states that Dujardin will not be constructing the homes at Fosterview. This contradicts earlier assertions that the unauthorized fill would be handled comprehensively by Dujardin at the time of house construction. Geotechnical recommendations may differ if grading must be handled separately on each lot, so this should be factored into the peer review of the site. Item 2. We agree that the proper time for construction bonding is at the time of building permit issuance. Item 3. We agree that the scope of the bond should cover erosion, siltation, loss of stability and similar potential negative effects of home construction. Fosterview Subdivision Issues Page 3 Item 4. If one builder will be building all of the homes and each new phase will start at the completion of the earlier phases then one bond can be used. However, each builder will require a separate bond and we will not partially release the bond until the entire bond period is up. As construction must be completed in phases you may wish to bond the phases separately. Item 5. We do not issue certificates of occupancy for single family homes. The two w years should start from the date that the building permit final inspection is signed off. u� UO w 0 Item 6. We agree. w i! J 1! N U. w O: Kappler's letters of 12/8/98, 12/16/98 and 1/4/99 Regarding off site drainage and land 2 co CI The Public Works Department has responded to these issues in a separate letter dated i. 1/7/99. ? z o': Carson's letter of 12/10/98 Regarding final plat procedures and timing D �. i0 .1"I‘ 0t; The letter contains an accurate statement of the procedural code requirements for a final w W U plat. We do not have any additional information regarding the correct date for F- preliminary plat approval and so agree to consider the final hearing date, April 25, 1994, ""— 0 as the correct date. In that case a complete final plat application would have to be c. ) submitted by Monday April 26, 1999 to prevent the expiration of the plat. movement Kappler 's letter of 12/16/98, revised 1/5/99 Regarding the chainlinkfence and dense hedge condition The solution you have worked out with the property owners to the north and documented in your letter appears to meet the intent of the City Council condition. The planting procedures and erosion control measures you list meet City standards. Kappler 's letter of 1/6/99 Regarding realignment of 44th Avenue South sidewalk If the sidewalk is realigned that change should be submitted as a revision to the LAO permit. ' ) Fosterview Subdivisiori Issues Kappler 's letter of 1/6/99 Regarding replacement of wetland buffer trees Page 4 It seems that you have done some research on this issue. Please give us an estimate of how many trees were lost due to construction of 137th Street and placement of the fill that encroaches into the wetland buffer and a proposal for mitigating their loss. I'm sure you appreciate the consequences of failing to submit a complete application, including resolution of all infrastructure permit issues, prior to the expiration date of the plat. If you have any questions about these responses please call me, Gary Schulz, or Gary Barnett for additional clarification. Sincerely, Nora Gierloff Associate Planner cc: Gary Barnett, Senior Engineer - Development Gary Schulz, Urban Environmentalist Steve Lancaster, DCD Director Duane Griffin, Building Official Brent Carson, Buck & Gordon ....,. •;1;.,4 ••` • stgrYi0:•,* s; • ' Property Owner to tbe North of the Fosterview Site onnal condition item 12 page 7 • [1is Iettr iso 1cjment ..eiterps outlined by the property owner directly to the north of the FOsterv.iew e On December 15, 199g you and I, along with the construction manager for Dujardin and the landscape foithe,Fgsterview project, met with Lee Loyd. Lee Loyd is one of the owners of the property efeieneed'abOiiObip :Meeting was set up and facilitated to gather information from Lee which might bel,. in the sqcessfu1 implementation of a landscaping hedge required to meet the city council condition t -;.:1 • •,.: • (.■ rchitects Your complete lto*Me planning resource • High Quality Stock Home Plans • Custom DesignSe,rvicks. 1:* • Home Plan CollectionLibrcuy • Marketing Research/Packages • Full Service, LicensedArchitects • Builder Design Solutions ' • •. : r :, . !.: :: :: . :: :, It: . : ,••• . : :1 •,:. ••.: !, .ii:•;:: ,•• .:.;,.... :, A • ••*:. • ...Tr••:-11.4.—k 5—.9 9 M O N 14 :55 KAPPLER ASSOCI AYES ARCH I P. 0 ••• • ••••• . BUCK & GORDON LLP ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK, P.S. I'ETER L. BUCK BRENT CARSON JAY P. DERR JOEL M. GORDON AMY L. KOSTERLITZ KEITH E. MOXON 902 WATERFRONT PLACE • 1011 WESTERN AVENUE SEATTLE, WASHINGTON 98104-1097 (206) 382-9540 • FACSIMILE (206) 626.0675 Mr. Steve Lancaster City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Fosterview Estates Dear Steve: RECEIVED DEC 11 1998 COMMUNITY DEVELOPMENT December 10, 1998 SAMUEL W. PLAUCHE SUSAN M. RIDGLEY OF CouNSEL. KITTERIDGE OLDHAM PROJECT MANAGER BRADLEY J.S. LILJEQUIST, MCP COMMUNITY RELATIONS MARGARET E. POTTER 1 am writing in follow-up to our telephone conversation this week regarding clarification of the process and timing for final plat approval for Fosterview Estates. As you know, we are moving into the final stages and-it is appropriate for all of us to be on the same page with regard to these two issues. Our agreement on these issues is particularly appropriate because we are dealing with a vested approved preliminary plat. You and 1 agreed that this application is vested to all substantive rules in effect at the time of preliminary plat application. We also agreed that any new procedural rules would apply to the consideration of the final plat. Concerning the final plat approval process, Nora confirmed with John Kappler that the process identified in Decision Process Type 5, Tukwila Municipal Code (TMC) 18.108.050 would be followed. This process is further spelled out in other sections of Chapter 18.108 and in the latest version of the Subdivision Code, TMC 17.14.030.B. We understand the steps for this process are generally as follows: 1. Application for Final Plat. TMC 17.14.030.A; TMC 187104.060. 2. Determination of Completeness. Within 28 days of application. TMC 18.104.070. 3. Notice of Application. 14 days after Determination of Completeness. TMC 18.104.090.1; TMC 18.104.110; and TMC 18.104.120. Mr. Steve Lancaster 2 December 10, 1998 4. Public Comment Period. 21 days from Notice of Application. TMC 18.104.080.D.5. 5. Public Meeting. I-Ield by staff at least 5 clays before end of public comment period and at least 14 days before city council public hearing. TMC 18.108.050. 6. Notice of Public Hearing. At least 14 days prior to public hearing. TMC 18.108.160. 7. Completion of Departmental reviews and approval. TMC 17.14.030B.2 and 3 (this needs to occur before the council hearing, but not necessarily prior to notice of the hearing). 8. City Council Public Hearing. TMC 18.108.050.B; TMC 17.14.030. 9. City Council Decision and Findings and Conclusions. TMC 18.108.050.D. z Hw CC 2 J U: 00 (o0 U)= J H O. W g Z C! �w Z �. F- 0 Z If you have any thoughts or comments about our understanding of this process, please let me M ON 0 Concerning the timeframe and deadlines we are operating under, we should agree on the w W data of preliminary plat approval. We have all been working from a document identified as the ►- H Findings and Conclusions of the City Council on this plat. That document is not dated but at the LL z` top right corner of the first page in hand writing is a date of May 9, 1994 that has the initials D.S. U u) and that we understood to be Denni Shefrin, the planner at the time. Thus, everyone may have � H. been under the assumption that May 9 was the adoption date for the preliminary plat. However, z that may not to correct. know. Based upon my review of the city council minutes during 1994, I would conclude that the date for preliminary plat approval may be April 25, 1994. According to these minutes, April 25, 1994 was the date that the City Council voted to give final approval to all of the conditions of the preliminary plat. It is possible that at some later date the council president or mayor, on behalf of the council, signed the written findings and conclusions but I could not find in the council minutes evidence of any actions taken by the City Council on this plat on any other date after April 25. If you have any information to the contrary, please let me know. Otherwise, we should assume that April 25, 1994 is the date of preliminary plat approval. According to your subdivision code, the application for final plat approval must be submitted within five (5) years from the date of preliminary plat approval. TMC 17.14.050. This is consistent with the state law, RCW 58.17.140. The Council may approve one extension not to exceed one year. An earlier version of the city's subdivision code discussed this deadline in terms of approval of the final plat within so many years after preliminary plat approval. The applicable code appears to be based upon a timely submittal. While we intend to submit our application for final plat approval well in advance of an April 25, 1999 deadline, I just wanted to obtain your concurrence on these applicable dates and procedures. Y: \W P \DU).ARDIN \L I2098.BC.DOC Mr. Steve Lancaster 3 December 10, 1998 I appreciate your reviewing these issues and providing me with your concurrence. Please call if you have any questions. CC: Bill Fowler John Kappler Nora Gierloff Bob Noe December 7, 1998 Kappler Architects Nora Gierloff City of Tukwila 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 Your complete home planning resource RE: Fosterview Estates United States Postal Service Approval Letter Dear Nora, • High Quality Stock Home Plans • Custom Design Services • Home Plan Collection Library • Marketing Research/Packages H . • Full Service, Licensed Architects ~ W • Builder Design Solutions Wes` . •JU' • • :0 0. gyp• W =. J t—. N LL: • uj f ion' • w. t-0 • z :2 U O y; ;o = Vi o; • ..z, UN • :.O • •z Please find enclosed a copy of the United States Postal Service Riverton Heights branch approval letter from Lonnie Delaney. This letter was requested by the Public Works Department as part of our final plat approval process. Please include this in your files and check this needed item off your list. Should you have any questions or comments, please do not hesitate to call. John Kappler Cc: Dujardin 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425- 641 -5320 or 1- 800 - 888 -4517 / Fax: 425- 641 -5318 E -Mail - kapplerplans a,foxinternet.net C1298 03NoraGierloff doc RECEIVED CITY OF TUKWILA DEC 0 7 1998 PERMIT CENTER RIVERTON HEIGHTS UNITED STATES POSTAL SERVICE To Whom it may concern, Riverton Heights Supervisor Bill Chambers has reviewed the Foster View Plat located in the City of Tukwila. Mr. Chambers has authorized the type, size and location of the mail boxes in question. If you have any questions please feel free to call me at Riverton Heights Post Office at (206) 242 -3522 i/ • _j i • ) LONNIE E DELANEY SUPERVISOR CUSTOMER SERVICES RIVERTON HEIGHTS POST OFFICE RIVERTON HEIGHTS SEATTLE WA O. RECEIVED CITY OF TUKWILA DEC 0 7 1998 PERMIT CENTER UO cvi (O LLJ • LU I: J 1-. CO 11; •w o: t1.Q, = d: • • Zf.. • ZF w w; '.0 H • — O Z'. V N �t BUCK & GORDON LLP ATTORNEYS AT LAW ALISON D. BIRMINGHAM WILLIAM H. BLOCK, l?S. PETER L. BUCK BRENT CARSON JAY I'. DERR JOEL M. GORDON AMY L. KOSTERLITZ KEITH E. MOXON REC'""" "r) VIA FAX AND FIRST CLASS MAIL Mr. Steve Lancaster City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 NOV 3 0 1998 CON: .7 UtVEt�''„,I_NT November 24, 1998 902 WATERFRONT PLACE • 1011 WESTERN AVENUE SEATTLE, WASHINGTON 98104-1097 (206) 382-9540 • FACSIMILE (206) 626-0675 SAMUEL W. PLAUCHE SUSAN M. RIDGLEY OF COUNSEL KITTERIDGE OLDHAM PROJECT MANAGER BRADLEY J.S. LILJEQUIST, AICP COMMUNITY RELATIONS MARGARET E. POTTER Re: Fosterview Dear Steve: Bill Fowler asked me to work on Dujardin's response to the condition concerning bonding requirements. As you know, this condition is ambiguous. It is not clear precisely what needs to be bonded, when the bond needs to be in place and for how long. I have gone back through the minutes from the City Council approval of the preliminary plat in an attempt to better understand this bond language. I have also worked with the bonding company that Dujardin has been using to understand what language the bonding company would be willing to accept. Based on these discussions I have come up with the following observations: 1. Dujardin already has a bond in place for infrastructure construction. The additional bond identified by this condition concerns bonding during construction of homes. Such a bond would need to be obtained by the builder, not by Dujardin, because the builder is the one responsible for issues relating to home construction. 2. The new bond for home construction needs to be in place before home building permits are issued. However, because this is builder driver, the bond should not be needed prior to final plat approval. 3. The new bond should cover erosion, siltation and similar project - related conditions relating to home construction. Y: \W P \DUJARD IN \L 11248.BC.DOC Mr. Steve Lancaster - 2 - November 24, 1998 4. One bond should be able to be used for all home construction. That is, you should not need a separate bond for each home. 5. The bond needs to be in place for two years following completion of construction of the home. We read this to mean two years from the date of the occupancy permit for each home that is covered by the bond. 6. Finally, a bond should not need to be in place more that two years after occupancy of the last home covered by that bond, even if there remain lots on which homes have yet to be constructed. A new bond would need to be in place when building permits for any "later developed" lots are obtained. Based upon these observations I am proposing that a condition be imposed on the Final Plat approval which discusses the obligation to obtain a performance bond prior to building permit issuance. Attached to the final plat condition would be the actual forth of the bond. Both the proposed condition and proposed bond form are enclosed. I believe the condition and bond fully address the requirements of the bond condition and meet the practical issues I have identified. The bonding company has reviewed the bond language and believes that a bond would be issuable in this form. Please let me know if this approach is acceptable. Enclosures cc: William Fowler John Kappler Y: \WP \DUJARDIN \L 11248.00.DOC Very truly yours, Z ' Z w J U ■ '0 0s CO O LIJ .w wi J F. • u; w O'. -a• . I- • al Z 0. w w;. D Di :0 Ni 0 CU ui wZ.. UN. O Z PROPOSED PERFORMANCE BOND CONDITION Prior to the issuance of any building permit for the construction of homes in the Fosterview plat, the building permit applicant shall post a performance bond in the amount of $50,000 in the form attached hereto as Exhibit A. The bond shall remain in full force and effect for a period which shall last two years following issuance of the final occupancy permit for the specific homes constructed pursuant to said building permit. In the event that multiple building permits are issued for separate homes or separate phases of home construction, the same bond may be used to cover this obligation but the expiration of the bond shall be extended so that it shall last for a two -year period from the final occupancy permit for the last home so permitted. If the bond expires before a home is built on each lot in the Fosterview Estates subdivision, a new bond must be issued before building permits are issued for home construction on such remaining lots. The purpose of this bond is to protect on and off -site properties from erosion, siltation or similar project related problems as the result of unforeseen circumstances during home construction. \ \Ba I \vOLI \ DATA \WI' \DUJARDIN \CONDmON.BC.DOc .. LAI Di JU ;0 0; co J Oi 2(7: • H =; Z 12 D1 ~i. 1W W • O Z • 0 Bond No. KNOW ALL BY THESE PRESENTS, that we, as Principal, and the corporation organized under the laws of the State of , and authorized to transact the business of surety in the State of Washington as Surety are held, and firmly bound unto the City of Tukwila, Washington in the just and full sum of $ , which sum well and truly to be paid, to bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SEALED with our seals and dated this day of , 199__. THE CONDITION OF THIS OBLIGATION IS SUCH, that, WHEREAS, the Principal is building homes on a certain tract of land in the City of Tukwila known as Fosterview Estates which home construction requires certain earth movement for foundation construction and related home site activities; and WHEREAS, said Obligee requires that a good and sufficient performance bond be furnished by said Principal guaranteeing the satisfactory performance of Principal, its contractors or subcontractors in accordance with the provisions of building permits issued for the construction of homes in the Fosterview Estates subdivision and to cover the cost to the City of Tukwila of correcting or eliminating erosion, siltation or other similar project - related conditions relating to home construction. NOW, THEREFORE, the condition of this Obligation is such that if said Principal shall well and truly perform said site activities in accordance with the above - designated specifications to the satisfaction of Tukwila on or before two years following the date the final occupancy permit is issued for the specific homes covered by this Obligation, and pays the cost incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. If this Obligation expires before a home is built on each lot in the Fosterview Estates subdivision, this Obligation must be renewed. SEALED with our seals and dated this ____ day of , 199___. Y: \W P \DUJARDIN \ROND2.BC.DOC By: and [Surety] By: Sent by: BUCK & GORDON LLP . 206 626 0675; 11/09/98 15:54; ,Jx #360;Page 2/2 Re leale Language for addition to Declaration— Dujardin Tukwila Plat Each Owner, in its purchase of a Lot, hereby acknowledges that the Plat of Fosterview Estates, as approved by the City of Tukwila, contains areas consisting of steep slopes. Each Owner hereby releases the City of Tukwila and its officers, agents and employees from all claims, actions, causes of action, costs, attorneys' and experts' fees or property damage arising from the presence of steep slopes within the Plat; provided, that this release shall not apply to claims, actions, causes of action, costs, attorneys' and experts' fees and property damage resulting from the sole or contributory negligence of the City of Tukwila, its officers, agents and employees. 11EG1\vouWATA1We DWARDMIELYArcI.u►I.wc • z • Se u6 JC), 'UO: N 0; unw, .w J I; W0 N = a, _( z Z O-; • w! iW gip' p; N. W W, • u. H i • z • •O ~` .z. • • Rai Tlnnnlvr Architects Your complete home planning resource as November 16, 1998 Gary Schultz DCD Urban Environmentalist City of Tukwila 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 RE: Fosterview Planting Phase 1 Installation Job Number: 98013 Dear Gary, • High Quality Stock Home flans • Custom Design Services • Home Plan Collection Library • Marketing Research/Packages • Full Service, Licensed Architects • Builder Design Solutions It was nice to meet with you last week regarding Phase 1 installation of the landscaping require mwnt:, for Fosterview. My understanding is that we will be allowed to proceed with the landscaping plan following. the preliminary plat plan as revised and subsequently submitted. One area of concern from you was the soil stability under the identified phase one planting areas. ' ")t:r geotechnical engineer has reviewed all phase one planting areas and has provided a letter dated acid revises October 28, 1998, subterranean soil condition for these landscaping areas are such that they not required future removal of soils for long term planting. Therefore planting in these areas are acceptable at this tim One other item of concern from you was the installation of new planting on top of the storm and s c vv r along the north property lines. This is in the tree replacement area and identified as phase one planting, .:ii,_;t, We are coordinating this with Gary Barnett in Public Works, we will however make every effort to not install tree plantings directly over these lines. One additional item of concern from us was the plantings in the wetland buffer areas. As we discussed and agreed, the control of blackberries will be done by removal of blackberries. This was stipulated in the original wetland buffer plan prepared by Terra Associates. I understand you have verbally approved the us :2 of a rubber tired back hoe to be used in the extraction of blackberries in all buffer planting areas. This v.,11 remove roots which will help control future growth. We will however, provide a five foot buffer Crow( t'ru: watercourse line where we will not extract the blackberries. Rather, we will cut them off at the stem. This will not disturb the soil in this five foot buffer. 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425 - 641 -5320 or 1- 800 - 888 -4517 / Fax: 425- 641 -5318 E -Mail - kapplerplans@foxinternet.net C1098_27GarySchultz. doc Z Z • • :0O No: told • W2 J I._ tom g J u-? u) d. I. _. z� 1=o: z U °O CO: W W . O Iii z co =. 0 l_ z We would like to begin this planting immediately and feel more comfortable if you would initial this letter stating that you agree with the geotechnical information and that it is okay to proceed with the identified phase one planting areas. We will commence planting in these areas only upon your authorization of this letter. Please call with any questions. Sincer John Kappler Encl. Terra Associates letter dated October 28, 1998 CC: Dujardin Development Gary Schultz Phase I landscaping approved. Rights reserved for tree locations, and quality per final approval plans. } City of Tukwila John W. Rants, Mayor. Department of Community Development Steve Lancaster, Director October 28, 1998 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Fosterview CC &Rs and Hold Harmless Language Dear Mr. Kappler, The City Attorney and I have reviewed the CC &Rs for the Fosterview subdivision. Our comments are enclosed, and mainly concern lot renumbering and realignment due to the deletion of Lot 3. City Council condition 20, which requires legal descriptions of the open space easements to be included with the CC &Rs, will also have to be met at final plat. The City Attorney had one clarification to the hold harmless language, which is enclosed. If you have any questions or comments, please call me. Sincerely, Nora Gierlo Associate Planner cc: Bob Noe, City Attorney Job File 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ' z _ z JU: .0 o. :CO WI:. co w o, wQ • z wr UO;: = V. • UN> o F'' z• • DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR FOSTERVIEW ESTATES, z A PLANNED RESIDENTIAL DEVELOPMENT ' 1 w' ..iO. 0O; 00 This Declaration of Protective Covenants, Restrictions, J H` Easements and Agreements for Fosterview Estates, a Planned Residential Development ( "Declaration ") is made this day of w O; , 199$ by Dujardin Development Company, a Washington corporation ( "Declarant "). g 5 w= (22d RECITALS AND DECLARATION _ zI- A. Declarant is the owner of the real property and z Oi improvements thereon legally described in Exhibit A (the w w "Property "), commonly known as Fosterview Estates. The Property n o` is comprised of all the real property shown on maps recorded with c.) 03 the King County under Recording No:. , Volume ;0 H , Pages . w` I- 7:0 ; B. Declarant hereby publishes and declares that the I'-p' Property shall be held, sold, conveyed, encumbered, leased, U.IZ rented, used, occupied, and improved subject to the following U u)` covenants, conditions, restrictions, easements, reservations, and pi- agreements, all of which are for the purpose of enhancing and Z. protecting the character, attractiveness, and desirability of Fosterview Estates. Those covenants, conditions, restrictions, easements, reservations, and agreements shall run with the Property and shall be a burden upon and a benefit to the Property and binding upon any person, firm, •corporation or entity of any kind whatsoever acquiring or .owning an interest in the Property or any part thereof, and their respective lessees, guests, heirs, executors, personal representatives, successors and assigns. Acceptance of an interest in any portion of the Property shall be • deemed acceptance of the terms and provisions of this Declaration. - 2 13166AGR.JEH 4.14. Limitations on Common Area Development 4.15. Limitations on Additional Impervious Surfaces 9 9 SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES . 10 z 5.1. Association Responsibilities 10 5.2. Owners' Responsibilities 10 _ /- Z 5.2.1. General 10 w 5.2.2. Specific Responsibilities for Owners 6 of Lots 1, 2 and 3 11 J U. _L i `x (c 1 nom 5.2.3. Special Responsibilities for , coo Owners of Lots 32 and 33 11 w = 5.2.4. Special Responsibilities for N U. Owners of Lots 34 and 35 11 W O, SECTION 6. MAINTENANCE ASSESSMENTS 11 g n. 6.1. Creation of Lien and Personal Obligation of u-< Assessment 11 = d 6.2. Purpose of Assessments 12 F-= 6.3. Initial Assessment; Annual Assessments 12 ?t- 6.4. Estimated Assessments 13 Z O 6.5. Payment of Owners 13 W w!: 6.6. Limitation on Use 13 D o, 6.7. Record of Assessments 13 °u) 6.8. Special Assessments 14 01-. 6.9. Uniform Rate of Assessment • • • . . . 14 W W 6.10. Default in Payment -of Assessment -- Remedies 14 H v' 6.11. Foreclosure of Assessment Lien; Attorney's u-p; Fees and,Costs 15 LLjZ_ 6.12. Homestead Waiver 15 v -- 6.13. Curing of Default 15 0/- 6.14. Continuing Liability for Assessments . . 15 Z .: 6.15. Subordination of the Lien to Mortgages . 15 SECTION 7. PROPERTY RIGHTS IN THE COMMON AREAS . . . . . . . 16 7.1. Owners' Easement of Enjoyment in and to the Common 16 7.2. Delegation of Use 17 7.3. Title to Common Areas 17 SECTION 8. MANAGEMENT AND OPERATION OF COMMON AREAS . 17 8.1. Control 17 8.2. Costs 18 SECTION 9. LIABILITY AND HAZARD INSURANCE FOR THE ASSOCIATION 18 SECTION 10. ARCHITECTURAL CONTROL AND BUILDING AND CONSTRUCTION RESTRICTIONS 10.1. Establishment 13166AGR.JEH 18 18 the exterior walls of any Building. The ACC may grant a written waiver of this covenant upon application by a Owner under conditions as provided in this Declaration. 4.10. Antennas No telephone, radio or television receiving or transmitting tower, antenna or dish more than thirty (30) inches in diameter shall be permitted on any Lot or Building. 4.11. Storage No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 4.12. Machinery and Equipment No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of a building, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance of landscaping. 4.13. Development Activities Exempted Nothing in this Declaration shall prevent Declarant, its successors and assigns and their contractors and employees from performing, developing and marketing the Property, including erecting and maintaining such structures and signs and conducting such business as Declarant deems necessary in order to accomplish such purpose. As used in this section, "successors and assigns" specifically shall not include purchasers of Lots improved with completed residences. 4.14. Limitations on Common Area Development There shall be no development undertaken in the Common Areas without the prior approval of both the Board and the City of Tukwila.. The application for any such development shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with those findings and recommendations. 4.15. Limitations on Additional Impervious Surfaces No Owner shall construct any additional surfaces such as asphalt or concrete patios or parking areas on a lot without the prior permission of the Board and the City of Tukwila. The - 9 - 13166AGR.JEH application for such additional impervious surfaces shall be accompanied by the then current geotechnical findings and recommendations and the development shall be consistent with -D7 '^'1 • those findings and recommendations. Mc.-) A c�152 SECTION 5. ALLOCATION OF MAINTENANCE RESPONSIBILITIES 5.1. Association Responsibilities After termination of the Development Period, the Association shall operate and maintain the Common Areas as required -or advisable. The responsibilities of the Association shall include, but is not limited to, the cleaning and maintenance of the water courses on Tracts A and 3, the maintenance, repair and replacement of the fences around and across Tracts.A and B, the maintenance, repair and replacement of the french drains in the Common Areas as shown on the Plat Map, the maintenance, repair and replacement of the retaining wall along the north boundaries of Lots 1, 2 and 3, and the retaining wall betwen Lots 2 and 3, and maintenance of the trails beginning at the cul de.sac end of South 137th Place to and along the North boundary of the plat as shown on the plat map. The Association may provide such additional common maintenance which it determines to be in the best interest of the Owners. 5.2. Owners' Responsibilities - 5.2.1. General. Each Owner shall maintain his respective Lot and the Building located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Property will reflect a high pride of ownership. If any Owner fails to :provide the initial landscaping or to maintain his Lot or the Building or landscaping thereon to the standards .set forth above, the Association, after approval by two- thirds (2 /3rds) vote of the Board, may notify said Owner in waiting of the maintenance required. If said notice is delivered to the nonperforming Owner and the noted condition is not remedied for a period of thirty (30) days, the Association, through its agents and employees, may enter upon said Lot and provide such maintenance, and levy an assessment against the nonperforming Owner and his Lot for the costs of providing said maintenance. Said assessment shall constitute a lien against the Lot owned.by the nonperforming Owner, and may be collected in the same manner as any o :her annual or special assessment as hereinafter provided. If said assessment is not paid within thirty (30) days after it is levied, the Association shall have all the remedies for collection as provided in Sections 4.15 of this Declaration. Each Owner shall further comply with the maintenance obligations of Section 7 hereof. 131661W"R.1sx - 10 - z w aa Jo 00 1.1/ i w w o' q u. Q. = d. I-w Z' z� 1- O w~ • 0 o• - o f- w — z: ui • r O � z TERRA ASSOCIATES, Inc. Consultants in Geotechnical Engineering, Geology and Environmental Earth Sciences MEMO To: Bill Fowler October 26, 1998 Dujardin Development Company Revised October 28, 1998 Project No. T- 1515 -2 From: Subject: Bill: Anil Butail, P.E./Kevin P. Roberts, P.E. Terra Associates, Inc. Work Progress Report/Phase I Landscaping Fosterview Estates Tukwila, Washington This memo outlines the status of our geotechnical work for the project since meeting with Gary Bumstead at the site on September 23, 1998. In addition, we are providing our comments regarding Phase I tree planting at the site. Since our meeting with Gary, we have verified the suitability of erosion control measures implemented at the site. Our detailed observations and conclusions regarding current erosion - control measures are contained in our memo, dated October 26, 1998. We are also underway with addressing the site issues that were discussed in our meeting with you, Gary, John Kappler, and Brent Carson at our office on October 19, 1998. We have contacted Gary Barnett to arrange a meeting with him to discuss specific City requirements. On October 22, 1998, Kevin Roberts met with John Kappler, representatives from Keystone Retaining Wall Systems and Landtech, and the project landscaper to discuss Keystone retaining wall construction along South 137th Street, and Phase I tree planting at various site locations. Phase 1 Landscaping We understand from a review of Sheet L1.0, dated October 21, 1998, prepared by Kappler Architects, and from yesterday's meeting at the site, that trees will be planted within the next few weeks adjacent to 42nd Avenue South, along the northern property line, and in the southern portion of the six lots near the intersection of 44th Avenue South and South 137th Street. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 • Phone (425) 821 -7777 z E' r4 W UO: co 0 W 111 Jam: WLL wo gQ 1— _. z O. z� 2 uj U 0. O �. O I -' =▪ 0 u . ..z =; 0 I- z • 13;11 Fowler Revised October 28, 1998 October 26,1998 We have the following comments regarding planting trees in these areas: • Trees will be planted adjacent to 42nd Avenue South in fills that are nearly level or slope very gently. We understand tree planting adjacent to 42nd Avenue South, north of South 137th Street, will be limited to locations between the roadway and the sidewalk. We believe no adverse impacts to the trees or soils will occur from planting trees at these locations. • In our opinion, planting trees is feasible in all locations along the northern site margin. Minor amounts of non - structural fills are present above and adjacent to the access drive. A fill slope ranging to a maximum height of approximately ten feet that is inclined at approximately 2:1 (Horizontal:Vertical) leads upward from the access drive to a grass -lined bioswale and storm drain line. Tree planting will increase the surficial stability of soils on the slope located above the access drive. • As expressed in our July 10, 1998 letter, we noted that cut slopes ranging from 2:1 in the upper portion to 2.5:1 in the lower part are located south of South 137th Street in the proposed Lots 35 through 40 locations. We recommend flattening the upper portions of the slope to 2.5:1 during final grading and lot construction. Phase I planting should be postponed in this area until final grading is completed. In our opinion, the 2:1 cut slopes are stable on a temporary basis and, provided the existing vegetation is left undisturbed, will remain stable over the winter months. We trust this information is sufficient for your current needs. Please contact us if you have additional questions or concerns. Anil Butail cc: John Kappler, Kappler Thomas Harkey Architects Project No. T- 1515 -2 Page No. 2 Summary of Final Plat Conditions for Fosterview Estates Subdivision Numbering of conditions is from Ross Earnst's 1/18/96 letter to Bill Fowler Items in bold to be addressed as part of the final plat City Council Conditions Dept. it Status PW 1 137th St to have 40' R -O -W, 30' paving, 5' easements LAO PW 2 43 PI S paving and R -O -W widths to be 24', 10'utility easement LAO DCD 3 15 foot rear yard vegetated buffer Must be planted and /or bonded PW 4 Performance bond for project phasing Needed DCD 5 Hold harmless language for final plat documents Needed DCD 6 Bonus density calculations DCD 7 50 foot lot widths for perimeter lots DCD 8 Setbacks to meet R -1 standards PW 9 20 foot utility and access easement near vacated R -O -W DCD 10 Required coniferous trees and ground cover DCD 11 Add 6 trees to meet coverage requirements DCD 12 5 foot high, black chain link fence and dense hedge DCD 13 Street trees to be both conifers and deciduous DCD 14 Additional trees per Exhibit 2 4/24/94 Council Packet DCD 15 Buffer Enhancement Plan /CCRs for maintenance DCD 16 Possible subdivision identification sign DCD 17 Street lighting design appropriate for residential area PW 18 Discrepancy between Landscape and Grading Plans DCD 19 3 foot high split rail fence around Tracts A and 13 DCD 20 Final CCRs to be submitted with Final Plat Done Staked at LAO Building Permit Review Reviewed at final plat Must be planted and /or bonded Must be planted and /or bonded Needed Reviewed at final plat Must be planted and /or bonded CCR, bonding, installation needed Not applied for LAO Addressed in LAO Needs to be repaired Needed SEPA Mitigation Measures Dept. it Status PW 1 Construct wet vaults in addition to bioswales PW 2 Runoff will discharge into on -site drainage system PW 1 Install guardrail along 42 Av S PW 1 Payment of $30,000 for pedestrian walkway PW I Slope stability analysis PW 2 Geotechnical engineer construction supervision PW 3 Detailed cross sections for fill areas PW 4 Detailed cross sections for subdrainage Build. 5 Foundation details for houses PW 6 Written confirmation by geotech that work was done correctly PW 7 Geotechnical engineering of 42 Av S DCD 8 Flagging and fencing of Tracts A and B DCD 9 Grading activity shall be outside of dripline of trees DCD 10 2:1 replacement ratio for lost trees DCD 11 Permanent visible markers to delineate Tracts A and B LAO LAO LAO Needed Done LAO Done Done Building Permit Final Plat Done LAO Replacement trees are required Must be planted and /or bonded Final Plat FV JCOND.XLS Items required in the CCRs include: Use of privately owed undeveloped land must comply with the geotechnical findings and recommendations No additional impervious surfaces may be added without drainage system impacts (private lot, whole system) along with hillside stability evaluation being made and finding that there will be no adverse impacts. With the geotechnical findings and recommendations Homeowners are responsible for maintenance and operation of the french drains and wetlands as well as other private property amenities shown on the plans such as fences. FV_FCOND.XLS City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director October 19, 1998 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Approach to final plat issues to be resolved at Fosterview Dear Mr. Kappler, Staff received your letter of October 8, 1998 listing some final plat issues that still need to be resolved with the Fosterview Subdivision. This list was used as a basis for discussion at an interdepartmental meeting with City staff on October 9, 1998. This letter is a consolidated response from the Tukwila Planning, Building and Public Works Departments. We discussed many of these issues at our meeting on October 16, 1998, but wanted to follow up in writing because some of the issues are not mentioned in the preliminary plat conditions. Our responses to the issues are organized below in the same order as listed in your letter. Pending Issue: Revision of Home Designs from Preliminary Plat Approval Staff would like to clarify that we did not "approve" the revised house designs, we made a determination that the changes would not, in our opinion, need to be reapproved by the City Council prior to application for final plat. Staff intends to recommend approval of the revised designs in our report to the Council at the time of final plat, but the decision is made by the Council. Pending Issue: Revised Lot Count — Deletion of Lot 3 The situation is similar for the elimination of Lot 3. Staff agrees that the topography would have made access to this lot difficult and concur with your choice to add the lot area to Lots 1 and 2. Staff believes that because this would reduce the number of lots on the site this change would not require you to revise the preliminary plat, and intends to so advise the City Council at the time of final plat. The final decision to approve the final plat with the requested changes will be made by Council. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Fosterview Subdivision issues Page 2 As the deletion of Lot 3 changes the numbering of subsequent lots, be sure to note the change on all drawings and in any discussion of approval conditions that reference the original lot numbers. Pending Issue: Driveways to Lots 1 and 2 As you are proposing to revise the lot layout from one that required an access road to a two lot layout served by private driveways installation may be delayed until construction of the houses. Only common infrastructure must be constructed (or possibly bonded) prior to final plat approval. Pending Issue: Hold Harmless Language per City Council Requirements This was faxed to us on October 16`x' and we will review it. Pending Issue: Installation of steps along 44th Avenue South Our letter of 8/17/98 did not approve this bonding, but asked you to submit an estimate of construction costs and a design for review and concurrence by Public Works. Staff is prepared to recommend to the City Council that you be allowed to bond this item, in the amount of 150% of' the approved estimated cost. Due to the grade variances identified on the as -built plans, field design changes are not acceptable. Pending Issues: Geotechnical Letters during Plat Construction Final Grading Plans and Condition of Plat for Final Approval The revised grading plans and as-built information submitted July 31,1998 are not approved. Please refer to the redline comments on the plans for required revisions. Upon submittal of revisions to the LAO permit to the permit center the Departments will review your responses for conformance to city requirements. The as -built grading plans do not conform to the grading plans approved at preliminary plat or at issuance of the land altering permit. There is substantial deviation in final lot gradients from these initial plans. We recognize that the roadway has been constructed at elevations that differ from the original design. While the revised roadway plan and profile meet with City approval, the lot grading does not. The grading plans should be revised to provide building pads, driveway grades, and front/side /rear yard grades that provide the equivalent effect as the prior approved plans. The intent of this requirement is to provide for the best possible siting and grading options that can be achieved on a sloping site. You may wish to consider a revised grading plan that would remove the excess material in combination with coordinated lot grading, including retaining structures if needed. The city will evaluate your revised grading plan using the original approved grading plan as a benchmark for comparison. a• Wry 00 co ci w= J F- W u . W0 < =d w z� F-0. z uj U� O N' o1' 2 V u~. F=. O. .. z w am. 0 z Fosterview Subdivision issues Page 3 Dujardin has submitted a large amount of geotech field reports, testing results, letters and geotechnical reports. To aid a comprehensive and efficient peer review of the geotechnical aspects of the proposed plat, please prepare two copies of a bound and indexed compilation of all geotechnical information associated with the plat. The Z compilation should begin with the initial soils investigations, geotechnical reports and _ continue through all construction observation reports and include all letters and w Ce correspondence. Upon receipt, the city will arrange for a third party peer review of the 6 geotechnical record to will advise the city if preliminary plat conditions have been met. v p Please contact Gary Barnett with any questions about what is required. w= J 1, You state that you are investigating foundation designs that will work with the current N LL uj 0 grading conditions. If you intend to place the foundations on fill it is likely that the Building Official will require geotechnical reports for each house site at the time of g building permit. This is not a final plat issue, but something that you should be aware of and plan for. = w z�' Pending Issue: Bioswale Condition along 44th Avenue South z O' uj The preliminary plat SEPA condition number 1 requires water quality treatment through n o wet vaults and bioswales. The bioswale shall be constructed per approved plans or o N' (31—' redesigned to meet KCSWDM criteria and Earth Consultants soil saturation concerns. w w` Z I- U Pending Issue: Resurveying of the Watercourse Edge Boundary Line and Revision of the — O: Approved Wetland Enhancement Plan ui co You need not resurvey the watercourse boundary if you remove the road bank north of z 137th Street, install a retaining wall per the approved LAO permit, repair any damage caused by that construction and implement per the approved buffer enhancement plan. Installation, monitoring, and maintenance costs will be bonded for the 2 -year period to insure mitigation success. At a minimum we will need a supplemental report or plan to address changes to the existing conditions of the wetland buffer area. Several trees were removed during construction north of S. 137th in Tract B that will need to be replaced at a 2:1 ratio. Also, the dense blackberry growth is a site preparation and maintenance feature that will be addressed by the biologist or landscape architect working on the plant installation. Pending Issue: Retaining Wall along South 137th Street Staff applauds your decision to remove and mitigate the encroachment into the wetland buffer and build a retaining wall along the north side of 137`h Street per the original LAO permit. How will you resolve the issue of the utilities that were installed under the road bank? Please provide us information about what utilities are installed and where they occur. Fosterview Subdivision issues Page 4 The Section A -A that you submitted at the meeting on the 16`h shows the retaining wall occurring outside of the R -O -W, while the cross section from the LAO permit shows the face of the guardrail at 17' from centerline and half of the retaining wall within the RO- W. Please revise your plans to match the approved location. Pending Issue: Bonds required for Final Plat Approval Include bonding for all punchlist items, not just the items you have listed. A comprehensive punch list will be prepared by the City when the plat construction is 99% complete. While you continue to actively have construction crews onsite and are progressing with remaining work no punch list will be developed. Staff will review the bond requests as they are received. While the above list contains the major issues that Dujardin and the City have been discussing that must be resolved prior to filing for final plat, it is not a complete list of final plat requirements. As a reminder, your application for final plat approval must contain documentation that you have met all of the City Council subdivision conditions and SEPA mitigation measures. Please allow enough time for processing by submitting your final plat application or an application for an extension of the time period by February 1, 1999. We have also finished our review of the as -built drawings and transmitted the redlined drawings back to you at the meeting on October 16`h. These comments should guide you in submitting a revision to the LAO permit through the permit center. If you have any additional questions or comments, please call the project planner Nora Gierloff, the environmentalist Gary Schulz, or the development review engineer Gary Barnett. Sincerely, Jack Pace Planning Manager Gary Barnett, P.E. Senior Engineer, Development cc: Ross Earnst, PW Director Gary Schulz, Urban Environmentalist Steve Lancaster, DCD Director Duane Griffin, Building Official Nora Gierloff, Associate-Planner z . Z. re w 6 • J U: UO U0 w =: J F-i N LL; wo a:. wa • "-w z �' 1-- o. z F— w iCI LU =U Z LLi U off: z U. .;:_2_2? K PPI._ E R. i i S S Q C I A T E S q R CJ LI__F er A'rch itects Your complete home planning resource ora G�rloff; :ssocafe.Planer ty'`of Tukwila'. 300 Southcenter Blvd. kwla WA 98188 osterview Estates.:;:; final. Plat conditions pending 8018`:; ■ High Quality Stock Home Plans • • Custom Design Services . ■ Home PlanCollection Library ■ Marketing Research/Packages. ■ Full Service, Licensed Architects • Builder Design Solutions • • . find :enclosed an :itemized list of final plat conditions that still need to be resolve 'lease: advise as soon as possible, if you feel this list is not complete Understanding is that all other items have been addressed. and resolve Doped the following categories together in a statement form as to the pending issue and then the e issue:, o:ne Designs from preliminary approval e revised Home, designs presented to the city on 3 -2 -98 were approved per letter from • dated 3- 20 -98; This is not an issue and is considered approved. 13400 Northup Way East Suite 33, Bellevue, `WA 98005 Telephone: 425- 641 -5320 or 1- 800 -888- 4517 / Fax: 425- 641 -5318 www.kapolerplans@foxnet.n et C1098 07NoraGierl off doc '. %. ending 1'ssue: `'•, . . Revised lot count — deletion of lot 3 KAPP•1_.ER ASSOC._i RTES ARCH I P .. s has been;verbally agreed to by the city. This is not an issue and is considered approved,: e have "renumbered the balance of the lot numbers from the preliminary plat. The deletion lot 3 has .eliminated the need for a separate fire truck turnaround for lots 1, 2, and 3. We would like written confirmation for this issue. ending Issue: �• Driveways to Lots 1 and 2. tatus: iveway that now is not required to have a turn around services these two lots. Therefore, the previous requirements to install the driveway prior to final plat should not be required (reference letter from city of 1- 18 -98. Page 12). We intend to install the driveway at the time of Home construction. -' ge per city council requirements. ebelieve this requirement has been met _ Oe,requested that this condition be allowed to be bonded. Per response from the .city .. r ated 8:47-98 we have been granted the ability to bond this site condition: • n the 'city's, letter, they expressed the need to have the site steps redesigned due to the revisioni,in the site grading. After review of this issue, it seems most appropriate to modify e, ;steps on site during construction, following the general and acceptable standards followe e city and the approved plans. The revised site conditions are not substantially different. e permitted; conditions. Therefore, the above approach seems prudent. propnate bonds will be prepared based on construction cost estimates and forwarded to..: e city: _ cal letters: during plat construction z CCw 6D. JU O 0. CO 0 CO U1 J= w• 0 g• - u_ ?. =w F-= z� 0: z F- IJJ U '. 0 N. O I- w W, Ma • I- . z: p_ 01— z . TFiU ° _ . ; • . . . . .Fp KAF F•LEF: i- S S.CD i 1 - r ES H F: Cr.: H 1 t- _ t' -4 :ebelieve all letter and report required have been filed with the exception'of the review of e bioswale area. ending Issue: ioswale condition along 43t Avenue South e ,bioswale_condition along 43`d Avenue South has been reviewed by Terra Associates,: heir preliminary' conclusion from an on site inspection is that widening the bioswale from. Y.1' s resent condition will surcharge the hill beyond a safe limit. They feel the existing ondition should remain as is ' We are waiting for a formal report from them and will oryvard this information to thecity for review. Until a complete resolution is made, we will ioi,do °any work in this area ng plans an condition of plat for final approval. city letter of 8 -17 -98 you indicate on page 4 that the geotechnical engineer requires native soils for foundation bearing. Because of this, removing unsuitable fill now will allow; or, a simpler solution , minimizing the need for retaining walls and rockeries walls, and allow for,'permanent installation of landscaping. • • e have been allowed to prepare a phasing plan for the landscaping installation. We have identified areas of phase 2 as being built after the home construction. Therefore, permane t iz dscaping in these identified areas will not happen until after home construction. urther, we are investigating foundation designs that will work with these grading conditions. e have not completed our research, however, we do not anticipate the condition to be as ou have suggested. We therefore feel that the final grading as it exist is reasonably close to e_ conditions after home construction. We do not intend to revise the grading further from t at it existtoday. "" Issue:: e surveying of the watercourse edge boundary line and revision of the approved wetland ancement plan.: o'not believe this is now necessary as we have outlined in our letter October.2 mg Retaining Wall along 38th Ave. We are preparing design drawings and will be submitting for permit for the implementation of the retaining wall per the original LAO permit. We will be coordinating this information with the_city. ending Issue; _ __ 1 F-1 1_,1 Y H r r L 1. K onds required for final plat approval Steps along 44`h Ave. Retaining wall along 2"d phase implementation of landscaping :top coat of asphalt construction phasing of home construction. H:. :D: Li L. 1 Fi 1 C %D. H m e are preparing these now. ,I hope this hit helps us conclude the items required for final plat. Please do not hesitate to call with .. uestions. r • • z • •_ 1; 1".•W re 6D. 0 • 0.0' (0 W =i W 0. g Q, ut D. d• 1__ W o. Z 1•• 2 U� W Iu'. • z o 0' :7 Z KARPlE architects Your Planning resource ora Gierlo cober2, 1998 sioCiate Planner 300 soiiihenter Blvd. tikWila, WA 9818811 ujardin, Foster, yie, Plat ariascaping requirements and revised documentation a High Quality Stock HoMe Plans Custom Design Servicei, a Horne Plan Collection Library o Marketing Research/Pdckages o Full Service, Licensed Architects o Builder Design Solutions . • s letter is being provided to you for dissemination to all city staff as part of the requirements of the reliminaryplat for the above named project. • , • . city council on May 9, 1994 provided some preliminary plat conditions which included a variety of andsbape items Since that time we have received two additional letters from the city which have addressed • e use of landscape iterns. These letters are dated, January 18, 1996 and August 17, 1998. These letters of orrespondence were to direct modifications required to the landscape architectural plans submitted for uninary plat These landscape architectural drawings were dated March 28, 1994. ave been in correspondence with Gary Schultz as to the best methodology on which to graphically splay the new landscape plans with the revisions made during the land altering process. This new ocuinentation package is intended to replace the original landscape architectural drawings and will be included in the new final plat submittal package. ease advised that through mutual negotiations with the city, lot 3 of the preliminary plat has been eleted This was necessitated due to sever topography conditions. The balance of lots in the plat have en adjusted by one erefore all lots referenced in the city council notes or previous reports will be off One from the new final plat lot numbers. Please be advised that our planting list has been modified from the originally submitted landscape drawings o March 28, 194. Our planting list has been updated to incorporate all of the conditions of the preliminary , • plat. The revised are as follows: • - , • .0 I- 1- - e H LI hz." E SOC I ATE ARCHI , Iteni 4, page 5 of the City Council report. This item discusses that the landscape plan does not reflect the size required by the true regulations for tree, therefore, the final landscape plan must meet this size requirement. We have incorporated into he planting schedule and upgrade as to the size of the trees on that schedule per the direction of the city. "7 • ern 10A page 6 of the City Council report. A mixture of western red cedar has been incorporated on &rear '0100 21, 22, and 23. Also and in the front of lots 1 and 2. We have replaced the proposed eci uous trees on the original landscape plan with these western red cedars. teiri 1013, page 6 of the City Council report The landscape plans now clearly show the areas of ground over to be thstalled , . Item 1 IA; page 6 Ofthe City Council report. Six trees have been added to meet the coverage 're Iiireinents: 'trees are so designated and placed in the fronts of lot 1 and the rears of lots 8, 13, . and 17; eirill2liage7of the City Council report. A five foot high, black color coated chain link fence is now " , , 0.*n along the north property line from the south gate park boundary eastward On top of the bulkhead r'rocicebi, and a dense hedge has been planned on the property immediately north of this area The *nagCa:0'0*S have nOW included this :•'"' • oiii 13,1540.7 ofthe City Council report. Street trees have now been modified to vary between conifer deCidUOUS'freei... The minimum sizes have been upgraded to 2 1/2 inch caliper or 87 10 feet high': em 14, page 7 of the City Council report. Additional trees have now been incorporated into the Cape drawings per Exhibit 2 of the city council packet date April 25, 1994. al 'Wetland mitigation/enhancement plan for the ROW crossing and buffer reduction, has been 'rOvicledand4prOVed by the DCD as dated March 13, 1996. This wetland mitigation/enhancement ;- Ian m inebrpOrated into our final landscape plan for convenience. It is not intend to revise the . . conditions Of the Terra Associates approved plan. It is our understanding that the items condition 15, .• age 7 of the city :conned report have all been incorporated into the approved Terra Associates plans. . 4.. lease note the city has requested the watercourse edge resurveyed in their letter of 8-17-98. This letter states that thiclearing limits have been moved from the original LAO. We do not feel the liinits have been changed. Rather the trees have been damaged by natural causes. We now plan to install a retaining . as originally planned and we plan to install the originally approved wetland enhancement plan. We eel, by doing so we will not need to have the watercourse edge redefined. e wetland enhancement plan calls for the control of wild blackberries. Our intent on meeting this condition will ultimately allow us to provide the maintenance bonds required. That is to remove all lackbeiriegIi4thinihe identified wetland enhancement area The plan calls for the removal and control of all blackbeiTies within a 6 foot radius of all new plantings which essentially means the eradication of iblacia;eirieSwith the designated wetland enhancement plan area This will be done by hand with ould eliminate erosion control measures along the wetland boundary. - ' Rein 18, page 7 of the City Council report. The landscaping plan has now incorporated the delineation line of the boundaries for the open space areas. . . • • • -'3? TH1_I ; a-77 I< P PLEB �i:_ = Oil' I HT i RCH I P. 0._t 0. Item19, page 8,0.0;1e City Council report. A three foot high split rail fence along all open space boundary easements has been installed on the site The installation was according to the land altering permit documentation. Should the city have any uestions or concerns about the installation of this cueing, Please let us know immediately. Please note that this fencing was installed one growing season revious, therefore much of the fencing may be overgrown at this time As part of the landscaping rocess; this overgrowth will be cleaned up and maintained per the instructions of the DCD. . Letter dated August 17, 1998, page 2. Discusses the tree replacement condition at a two to one per the letters`dated October, 11, 1996 and October 21, 1996. We have now revised the tree planting schedule as rigmally`proposed to the city. The letter of August 17, 1998, requires that the tree plantings be modified mainly shrub type trees be replaced with trees. Our new planting list has incorporated this modification and we believe more accurately shows the intent of the replacement condition, We have ::�..{..+ also agreed to install added shrubs in an attempt to enhance the under story vegetation'of the cleared eas, Please advise if this replacement schedule needs to be further modified. lrough;;cliscussons with the city it was agreed that a landscaping implementation plan needed to be revised lie to the construction construCtion of thehomes. This is identified in the letter from the city dated August 17, 1998, cluded in our landscape documentation is a phasing installation plan for all of the landscaping required.' s is doie'so that the:newly planted trees and other landscaping will not be damages or removed during • he home: construction.process. We therefore have identified phase one and phase two Phase one will be completed prior to final plat approval and phase two will be completed after the home construction according tothe home construction phasing. s to the construction of phase one, we intend to begin immediately on some aspects of the construction;` and 11 contiriue:'to.do so.through the fall planting season. This will allow us to provide the best specimen trees _.ossible < We `understand that we are planting prior to the final approval of the landscape plan and we will 'continue'to'work with�the city in good faith to revise and modify the landscape plan as required.' In doing i s Weis that the; city notify us inunediately upon any items they wish to have modified .'':': ora, I'hope this letter is inclusive of the landscape requirements. Please do not hesitate to call if you have any'que do or comments I look forward to your reply. • Environmentalist • 9-01- 199a..12 :e2PM : •P. enhegfego nos cif r.s onsa Ig. Engineers; • Engineering Planning'•. Surveying �:gsulting . • .' mr: Ru ' • • King G. • . 2849. 'SeaTac • . Subyec 'Dear • Cons substari cottstru 'have • con$tru The'a , , *approv • s• Au stin;.°Managar • nutty':' Water District No. t25 • uth ISO": aWA 98168 • . • • Septemifor,1, 3998• • • P. 2 'Fdster•View Estates Water Extension.: . • • • •I l ction of the water facility improvements for the :Foster View- Estates :Water Extension is ally complete. A surety bond.hes'bcen provided.:to ih•pisttict.by.the developer.to assure. Lien is completed in aceoridance with the .approved .plai s and specificatigns. : A11 water mains en. installed,. pressure : tested and .pu n ed•' aecordin'g to 'Water District 125 Standard ations..' All mauls 'and I ydrants are on: line and. in,.seivice. All individual 'Services are . led and tested up•to the. point of co rction for each ptot: • . • o information is intended to provide• you• with the status of the water. extension tosallow for... for Aural. recording • o f •the plat, • • t. . :••• • • Sincerely,.. • P N LLEGxO.'N`ASSO+ IATES COi SU .TING EN 3 EERS,; INC_ • • Dave 1'106M • ' P Associate • • • • .750 :glzth Street South; .Kirkland; Washipiton•98O33 • CITY OFETU WILA • • • MAR 1 ' 1 1999 • PERMIT .CE■TER • City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director August 17, 1998 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Approach to issues to be resolved at Fosterview Phasing of replacement tree installation Signage of sensitive areas tracts Installation of steps along 44th Avenue South Watercourse buffer encroachment north of 137th Street Bioswale along 44th Avenue South Special Permit for 40 foundations only Geotechnical letters from Terra' Associates Dear Mr. Kappler, The Tukwila Planning and Public Works Departments have received quite a few letters from you recently addressing a variety of issues at the Fosterview Estates subdivision. For the sake of clarity we are providing this consolidated response to your letters. Our responses are organized below by issue and date of letter. Issues of items to be resolved at Fosterview Estates from July 15, 1998 letter to Steve Lancaster As discussed during your July 15 meeting with Mr. Lancaster, the table attached to your July 15 letter is incomplete and inaccurately identifies appropriate decision makers. Mr. Lancaster suggested during that meeting that you work with Nora Gierloff to develop a complete and accurate list of outstanding issues. With regard to the request for approval of a "base plan" for each of several home designs, you were advised on July 15 to discuss this request with the Building Official Duane Griffin. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 Fosterview Subdivision Issues Page 2 Phasing of replacement tree installation from July 24, 1998 letter to Gary Schulz Your letter includes a proposal for phasing the installation of the required replacement trees so that newly planted trees will not have to be damaged or removed during the home construction process. We agree with the principle of phasing the plantings; however, some of the areas you have designated to receive Phase One plantings are already shown as- containing plantings per the approved landscape plan (frontage of 42nd Avenue South). The replacement trees were to be in addition to the regularly required landscaping so without further detail it is unclear how you will fit in the additional trees. Please provide information about how you will place the additional trees in relation to the required landscaping. The open space area adjacent to Lots #17, 18, 19, & 20 should not need many new plantings unless there have been unplanned impacts from construction encroachment. Please provide information about any unapproved clearing in this area. Additionally, the majority of the removed trees were mature big leaf maples and red alders, and it is not acceptable to count shrub species such as vine maples and rhododendrons as replacements. However, there will be a requirement to add shrubs to the planting plan to replace the lost understory vegetation in the cleared areas, giving preference to native plant material since this is the majority of what was removed. Please revise the planting list and prepare a professional landscape plan that can be used to determine the bond amount. Signage of sensitive areas tracts from July 24, 1998 letter to Gary Schulz The sign that you have proposed is acceptable, with the correction that the first sentence should say this (not the) natural area. You may attach the signs to the existing fence along the boundaries of the tracts, or install them on new posts as you have proposed. Installation of steps along 44th Avenue South from July 24, 1998 letter to Gary Barnett If construction of the house foundation would undermine the steps along the sidewalk you may submit an estimate of the construction cost of the steps and after approval provide a bond in the amount of 150% of the cost. Have you considered how the grade changes on site may affect the number and location of stairs required? Watercourse buffer encroachment north of 137th Street from July 28, 1998 letter to Nora Gierloff Your letter explains your revised approach to the issue of the 137th Street road bank encroachment into the watercourse buffer. It is your contention that as a result of the Fosterview Subdivision Issues Page 3 grade changes on the site the roadway is lower than anticipated at the time of LAO and, therefore, a combination of a 2:1 road embankment and a rockery is preferable to the originally planned retaining wall. You do not deny that the embankment currently encroaches into the area shown as watercourse buffer on Tract B, but state that you are eligible for a 50% reduction in buffer width, bringing it down to a minimum of 17.5 feet. The embankment only encroaches to that minimum width in one 50 -foot area near the intersection with 44th Avenue South. You are proposing to remove this section of bank and replace it with a rockery. However, a rockery is not an acceptable method of retaining the roadway embankment. An engineered structure is required. The request for the maximum 50% reduction in width of the watercourse buffer in exchange for enhancement of the buffer was not what was requested or approved at the time of preliminary plat. The preliminary plat drawings show that the buffer varies in width as it follows the edge of the right -of -way, rather than having a constant width of 17.5 feet along the edge of the watercourse as you propose. As your request would alter a condition of preliminary plat approval it cannot be granted administratively and must be made to the City Council. This issue should be resolved prior to your application for final plat approval as staff will not support inclusion of a change of this magnitude in the final plat. The approved wetland mitigation/enhancement plan is appropriate in that it was designed for the buffer areas where enhancement was required. However, several_trees were -� • removed during construction north of S. 137th in Tract B. These will need to be replaced at a 2:1 ratio. Also, the dense blackberry growth is a site preparation and maintenance feature that will be addressed by the biologist or landscape architect working on the plant installation. Because the clearing limits appear to have been moved relative to the approved plans, it will be necessary to re- establish the watercourse edge and determine what area of buffer remains for enhancement. Installation, monitoring, and maintenance costs will be bonded for the 2 -year period to insure mitigation success. At a minimum there will need to be a supplemental report or plan to address changes to the existing conditions of this buffer area. Bioswale along 44th Avenue South from July 30 ,1998 letter to Gary Barnett The Departments are still reviewing this issue and a separate response will be provided. Special Permit for foundations only from July 30, 1998 letter to Duane Grin The Building Official will give you a separate response to this issue. z cc 2 6 JU C.) 0: . CO o w =' J H U)w w� • Q. • D = a. w. z= ZO w Lu 2 U� :O N. 0 H :w _ O. .z w N O z Fosterview Subdivision Issues Page 4 Geotechnical letters from Terra Associates to Bill Fowler dated June 22 and July 10, 1998 These letters appear to be in response to Tukwila's January 23, 1998, letter to Bill Fowler outlining issues to be resolved in preparation for final plat. Terra indicates that excavation of the non - structural fill will be required to place building foundations on native soils, so it is unclear why you are seeking final plat approval based on the existing grades. It appears that significant amounts of structural fill as well as possibly retaining walls will be required to maintain these grades. Removing unsuitable fill materials now would be a simpler solution, minimize the need for retaining walls and rockeries, and allow for permanent installation of landscaping. As a reminder, you may file for final plat approval only after the permit revisions have been approved, construction completed or bonded, all utility, land altering, and building permits finaled and any needed maintenance bonds posted. Your application must contain documentation that you have met all City Council subdivision conditions and SEPA mitigation measures. If you have any additional questions or comments, please call the project planner Nora Gierloff at (206) 433 -7141. Sincerely, ck Pace Planning Manager Gary Barnett, P.E. Senior Engineer, Development cc: Brian Shelton, City Engineer Gary Schulz, Urban Environmentalist Steve Lancaster, DCD Director Duane Griffin, Building Official Nora Gierloff, Associate Planner Bill Fowler, Dujardin Development z -JJ v U O' No: w= J I-; CO u_. Wo u. =a. f- i zF �- O'. w~ p. 0 N; 0 H; W W: HU O: • LIJ Z' O July 30, 1998 Kappler Architects RECEIVED Your complete home planning resource Gary Barnett, Senior Engineer City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 Re: Bioswale along abandoned 44th Street. Dear Gary 4l if_ 1000 COMMUNITY ■ High Quality Stock c/J C P M E N T ■ Custom Design Services ■ Horne Plan Collection Libra'', ■ Marketing Research /Packages ■ Full Service, Licensed Architects ■ Builder Design Solutions My understanding is that the final decision as to the implementation of the bioswale lies under your preview. I have reviewed the originally submitted documentation for this item as well as al memo form Gary Schultz dated April 29, ' 1996. This memo seems to indicate the bioswale as originally designed is too short and too steep to meet the King County standards bioswales. The language in the correspondence with the city that I have indicates that the technical construction of the bioswale does not necessarily have to meet King County standards. With this in mind, I have reviewed how the bioswale will impact the adjacent areas. The geotechnical engineer has stated that he would as little as possible the site surcharged with water. Because of this, we have held that bioswale down hill as far as possible. In the original documentation the side slope area extends into the existing asphalt of the abandoned roadway on one side, and into a steep embankment on the other. To maintain King County standards for bioswale infiltration we must cut into this existing asphalt which we feel may destabilize the site unessaryily. Further, we must cut into the existing hillside to achieve the desired side slope that would necessitate a rockery to feather to existing grade as well as the removal of several mature trees. We do not want to remove any more existing trees than is required by the city. We therefore you would like to request the following: We would like to follow the bioswale along the existing ditch line. We would like to maintain the length of this bioswale at 100 feet. This will extend the existing ditch approximately 25 feet up hill from its current conditions for a new length of 100 feet. We would install rock check dams per King County requirements. This will meet the gradient fall per King County requirements. However, we wish to leave the existing side slopes as is and not cut into the hill or existing roadway. Following this method we will not meet the side slope criteria of the King County requirements. I would like to know if this is an exceptable method of installation for the bioswale. At this time, we have shown documentation on our plats to be as described above. I look forward to your reply. Please do not hesitate to call if you have questions. Sinc're p c: Nora Gierloff. Planning, Gary Schultz, Urban environment, Gary Barnett, Senior Engineer Public Works Department, Nick Olivas, Fire Dept., Duane Griffin, Building official, Brian Shelton, City Engineer, Public Works Department, Bill Fowler, Dujardin Development, Erich Teitz, Kevin Roberts, Terra Associates 13400 AVorthup Way East Suite 33, Bellevue, WA 98005 Telephone: 425- 641 -5320 or 1-800-888-4517 / Fax: 425- 641 -5318 %v %w.kapplerplansefoxnet.net C0 98 24GarvBarnett.doc Z W • ual� • JU U0 U 0 W W. J � C u_ • W 2 D. 0 4=-- _ ZF.. F— 0 Z o :W . O. WZ • N' O • Kappler Architects July 28, 1998 Your complete hone planning resource Nora Gierloff C/O Gary Barnett Planning City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 Re: Sensitive area encroachment along South 137th St. Dear Nora, • High Quality Stock Home Plans • Custom Design Services • Horne Plan Collection Library • Marketing Research/Packages • Full Service, Licensed Architects • Builder Design Solutions RECEiV ED AUG - 3 1999 COMMUNITY DEVELOPMENT Last week I had a conversation with Steve Lancaster regarding the encroachment of the north bank of South 137th Street into the proposed wet land setback. During this meeting Steve mentioned to me that there are two governing documents that make up the preliminary plat requirements. They are the SEPA mitigation and determination of non - significance and the preliminary approved plat documents from the city council. These documents discuss the treatments of the north bank of South 137th Street. The geotechnical report that was referenced in the DNS discussed soil stabilization for embankment. The preliminary plat notes from the city council specifically discuss the width of right of way, roadway and width of easements. There is also a wetland delineation map referenced. As well as a site plan which has the word retaining wall and points to an area along the inside arch on the north edge of South 137th Street. It seems clear that the intent of this language is to keep the roadway and the specified requirements from encroaching into the wetland buffer. Based on the preliminary planning at the preliminary plat level, detailed engineering drawings were not prepared. This came later during the land altering permitting process. The original proposal for the land- altering permit had the road grade approximately six feet higher then its current condition. It is due to the lowering of south 137`h that the proposed retaining wall is no longer needed. Further it specifically discusses one of the goals in the city councils preliminary plat approval is to reduce the amount of rockeries in the plat. I think we can all agree that a gentle sloping bank is nicer then a 6 -foot vertical wall with a guard rail. We have therefore redesigned this area meeting the requirements of the preliminary plat. 1. We have a wetland delineation with at .50% reduced watercourse buffer. This buffer setback is 17 1/2 feet. This setback is no«shown on our engineering drawings. 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425 - 641 -5320 or 1- 800 - 888 -4517 / Fax: 425- 641 -5318 www.kapplerplans(@.foxnetnet C0798 27NoraGierloff2.doc 2. We have re- graded the embankment along the north edge of 137th to a 2:1 slope. There are now two small areas where this embankment would encroach into the setback line. At these locations we have proposed a rockery in lue of a concrete retaining wall. This rockerie extends to a maximum of three feet high in center. We will include this new design in the final plat documents. 3. The wetland mitigation plan as referenced in the preliminary plat approval will still work as originally planned. We will begin installation soon. The blackberry overgrowth will be cut back to allow for new planting as specified in the preliminary plat document. Ple e call if you have any questions or comments. • appler Cc: Nora Gierloff. Planning, Gary Schultz, Urban environment, Gary Barnett, Senior Engineer Public Works Department, Nick Olivas, Fire Dept., Duane Griffin, Building official, Brian Shelton, City Engineer, Public Works Department, Bill Fowler, Dujardin Development, Erich Teitze, Kevin Roberts, Terra Assoc. • Z g; J U U O, U U;. W =' J� . UJ O. • g! u. • co • • • 1-o zr 'D • -:C.)om. • tp co !- .J u W. Z: H =' . !O 171 Kappler Architects July 24, 1998 Your complete home planning resource Gary Barnett City of Tukwila Senior Engineer Department of Public Works 6300 Southcenter Blvd Tukwila, WA 98188 r ECE]VL0 JUL 2 8 199E COMMUNITY DEVEI OFMEN T Re: Steps along 44th Avenue South for Fosterview Estates. Dear Gary, • High Quality Stock Home Plans • Custom Design Services • Home Plan Collection Library • Marketing Research/Packages • Full Service, Licensed Architects • Builder Design Solutions I have reviewed the civil drawings for the implementation of the site steps along 44th Avenue South. It is apparent that the steps are close enough to the foundation on that lot that excavation during home construction would jeopardize the steps. We therefore would like to request that these steps be built at the same time a foundation wall for this home is constructed. We would like to provide a bond for final plat purposes. Please let us know if this is acceptable. John Kappler Cc: Nora•Gierloff. Planning, Gary Schultz, Urban environment, Gary Barnett, Senior Engineer Public Works Department, Nick Olivas, Fire Dept., Duane Griffin, Building official, Brian Shelton, City Engineer, Public Works Department 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425-641-5320 or 1- 800 - 888 -4517 / Far: 425- 641 -5318 www.kapplerplans(thfoxnet.net C0798 22GaryBarnett.doc : . W, -I 0 U 0' CO 0 v) w. W•= Jam: U) u_ w0 J' LL'' a Z Z D O N': o F- tu w " Vf LL 0i — O. • z. co z Kappler Architects July 24, 1998 Your complete home planning resource Gary Schultz City of Tukwila Urban Environmentalist Department of Community Development 6300 Southcenter Blvd Tukwila, WA 98188 • High Quality Stock Horne Plans • Custom Design Services • Home Plan Collection Library • Marketing Research/Packages • Full Service, Licensed Architects • Builder Design Solutions Re: North boundary tree replacement agreement for Fosterview Estates. Dear Gary, RECEIVED AUG - 3 199E COMMUNITY DEVELOPMENT Last week I met with Steve Lancaster and we agreed to the concept of breaking the replacement planting plan into two distinct phases. The purpose being phase one will be out of the way of the home construction procedures and can be planted immediately. Phase two will be within the path of home construction staging and will be implemented during home construction process. Please find enclosed a preliminary direction as to the location of each phase and approximate plantings of each plan. I would like this reviewed and approved by you at which time I will then proceed with preparing a preliminary landscape plan for your review and approval. Again, this preliminary plan is not approval of the overall plan, just simply a direction as to how the phasing and number of plans within each phase. In phase one 76 trees will be planted. In phase two, there will be 72 additional trees planted. This planting includes all planting mix needed, 200 tree stakes, wire and straps.They will also build water catch wells around the trees. Total trees to be planted: 148 Phase 1 — 76 trees Quantity Common Name Size 13 Red Sunset Maple 6 -8 13 Douglas Fir 6 -8 13 Vine Maple 6 -8 13 Lawson Cypress 6 -8 24 Rhododendrons 21 -24 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425 -641 -5320 or 1- 800 - 888 -4517 / Fax: 425- 641 -5318 www.kapplerplansafoxnet.net CO798_19 CarySchultz(trees).doc -' i ary Schultz, Page 2, July 24, 1998 Phase 2 — 72 Quantity Common Name Size 12 Red Sunset Maple 6 -8 12 Douglas Fir 6 -8 12 Vine Maple 6 -8 12 Lawson Cypress 6 -8 24 Rhododendrons 21 -24 if you have any questions or comments. pier Cc: Nora Gierloff. Planning, Gary Schultz, Urban environment, Gary Barnett, Senior Engineer Public Works "Department, Nick Olivas, Fire Dept., Duane Griffin, Building official, Brian Shelton, City Engineer, Public Works Department Kappler Architects July 24, 1998 Your complete home planning resource Gary Schultz City of Tukwila Urban Environmentalist Department of Community Development 6300 Southcenter Blvd Tukwila, WA 98188 Re: Signage of sensitive areas for Fosterview Estates. Dear Gary, • High Quality Stock Home Plans • Custom Design Services • Horne Plan Collection Library • Marketing Research/Packages • Full Service, Licensed Architects • Builder Design Solutions Per your directions we have prepared a shop drawing for the on site identification signage of the sensitive areas for the Dujardin plat. Per title 18.45.060.6, the on site identification shall be permanently identified. Our preliminary plat approval designated signage to be used. The zoning code has some latitude in the signing type. We have developed a wood type sign that would better blend with the natural environment then a harsh metal sign. I am submitting this for your approval. Please authorize this as accepted and we will have the signs fabricated and installed immediately. Should you have any questions or comments, please do not hesitate to call. Cc: Nora Gierloff. Planning, Gary Schultz, Urban environment, Gary Barnett, Senior Engineer Public Works Department, Nick Olivas, Fire Dept., Duane Griffin, Building official, Brian Shelton, City Engineer, Public Works Department 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425-641-5320 or 1- 800 - 888 - 4517 / Fax: 425- 641 -5318 www.kappl erplansOfoxnet.net CO798 18 GarySchult_.doc July 15, 1998 Kappler Architects Your complete home planning resource Steve Lancaster, DCD Director City of Tukwila 6300 Southcenter Blvd Tukwila WA 98188 RE: Issues of items to be resolved at Fosterview Estates Dear Steve, I am glad we had an opportunity to discuss this project. I am looking forward to our meeting where we can review specific items personally. This letter will briefly outline the items we discussed and need to resolve to successfully obtain final plat approval. I understand this meeting may not yield specific answers to these issues. I do expect this meeting to resolve how we will approach the resolution to these issues. The first item I believe to be critical, is to accurately identify all issues that need to be resolved. This will allow us all to focus on these specific issues, allow us to work together towards a mutually agreeable solution, and finalize this project. These include items that are part of the normal review process as well as items of high disagreement caused from the construction process. I understand that the goal of the city staff is to present to council for final plat approval a plat which meets the conditions of the preliminary plat. In order for the staff to present this, we must resolve all issues the city identifies. Therefore, I have prepared a list of all issues known to date. I have further identified if each item can be resolved at the staff level or if it must be approved by you or by the city council. The above mentioned list is attached. The next item I believe to be critical is the continuation of construction efforts during the plan review process. It is imperative that construction not stop while drawings are being review. First, construction must progress while the site is dry. Second, due to the scheduling of subcontractors, if construction is disrupted and subcontractors move to other projects, we may not get them rescheduled in time to complete the plat before expiration. We intend to continue construction and 1 understand the city will not formally stop construction processes. However, I do understand the city's position is to proceed with the understanding that drawings have not been approved. We need to come to some understanding as to how formal inspections will be done to verify that construction has followed plans as designed. The third item is one of the home plans themselves. Previously I requested that some sort of base plan approval happen on each of the several homes we have designed for the site. This would be independent of the zoning or foundation conditions specific to the site. Rather an overall life safety and code compliance for a generic home to be built in your jurisdiction. With this base approval, we could then apply for a building permit with a specific site plan and specific additional items addressed for that site. An example being the soils requirements and foundation design on a specific site. I feel this would greatly reduce the workload on the city staff. We would like to implement this and submit home plans next month for review. I ppreciate your concern in this matter and am looking forward to working through these items with you and your staff. Enclosure Cc: Bill Fowler — Dujardin Development 13400 Northup Way East Suite 33, Bellevue, WA 98005 Telephone: 425- 641 -5320 or 1- 800 - 888 -4517 / Fax: 425- 641 -5318 E -mail - .kapnlerplans(@,,foxnet.net C0798 0SSteveLancaster.doc ( Kappler Architects — Attachment City of Tukwila 7/15/98 ISSUE Level of Approval Staff DCD Director City Council 1. We are in agreement to planting 148 trees per the previous agreements. The requirement to have all trees installed prior to final plat approval brings hardship due to construction methodology. We would like to create one landscape planting plan broken into 2 phases. Phase one will be outside of home construction areas and be installed prior to final plat approval. Phase two will be that area inside the home construction zone and will be planted as part of the home construction process. Both phases will be bonded per plat requirements. The specifics can be worked out with staff. X X 2. Bio swale along 43`d Ave S. R.O.W. X 3. The preliminary plat shows 41 lots and we have now revised to 40. X 4. Phasing of foundation construction. X 5. Wetland /watercourse buffter encroachment (S. 137th Street sloped bank work) X 'mow .J U; :00: N0: 'co cm; w 0' ± w, ZI=. I- 0 :Z g m: O H� uJ Oi Z' :0 0 , OH,. Z. DUJARDIN:GDEVELOPMENT COMPANY AN ALLEGRE ENTERPRISE July 2, 1998 Kappler Associates 13400 Northrup, Way East, Suite 33 Bellevue, WA 98005 Re: Fosterview Estates Dear John: Please accept this letter as your authorization to sign permits and applications as. our agent, for documents applicable to our referenced project. ;23 - 32nd St. S:E., Everett, WA 98205 P.O. Box 1059,`Snohomish, WA 98291 Everett Phone: 425 334 -5018 From Seattle: 425 743 -6140 FAX: 425 334 -5041 JUL.0:61998 Sincerely, William A. Fowler Vice President development / construction / management DUJARD•204L0 Z oO` W =' J H u_ w0. g-J u- Q co = d I- _`. Z �. I— O: Z LIJ U� 0 1-. LIJ Liu - —_ - Z lil U CO' 0 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director June 22, 1998 JUN 2 2 1998 John Kappler Kappler Architects 13400 Northup Way Suite 33 Bellevue, WA 98005 RE: Fosterview Subdivision Dear Mr. Kappler, You faxed me two alternative proposals for reconfiguring Lots 1, 2 and 3 of the Fosterview Subdivision to better respond to the grades on site. We have consulted with the City Attorney and find that neither of these proposed changes would require reapproval by the City Council. Staff thinks that Scheme A would work best to provide usable yards for the houses. This change would require adjusting the utility stubs to the new house footprints. We are still waiting for the as -built drawings we discussed at our last meeting with you and representatives from Dujardin. Several issues remain to be addressed including the fill in the wetland buffer along 137th Street, replacement of trees for those removed or damaged during construction, and discrepancies between the grading and utilities approved and what has been constructed on site as was mentioned in our letter to Bill Fowler dated January 23, 1998. As a reminder, the preliminary plat approval is valid for a maximum of five years and will expire on May 9th, 1999. Dujardin should plan on applying for final plat approval by February of next year to allow sufficient time for Council review. You may file for final plat approval only after the permit revisions have been approved, construction completed and all utility, land altering, and building permits finaled and any needed bonds posted. Your application must contain documentation that you have met all City Council subdivision conditions and SEPA mitigation measures. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431.3670 • Fax (206) 4313665 Fosterview Subdivision Plat Revisions Page 2 If you have any additional questions or comments, please call me at (206) 433 -7141. Sincerel Att, Nora Gierloff Associate Planner Enclosure. cc: Brian Shelton, City Engineer Gary Schulz, Urban Environmentalist Jack Pace, Planning Manager Duane Griffin, Building Official REED MCCLURE A T T O R N E Y S A T L A W A PROFESSIONAL SERVICES CORPORATION 3600 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104-7081 FAX: 206/223-0152 206/292-4900 March 26, 1998 Mr. Steve Lancaster Department of Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 ;RECEIVED MAR 2 7 1998 COMMUNITY DEVELOPMENT IN REPLY REFER TO OUR FILE NUMBER 18555.31663 WRITER'S DIRECT LINE (206) 386 -7016 RE: Fosterview Estates - Validity of Preliminary Plat, Expiration Date Dear Steve: This is in ' response to your request for a legal opinion regarding the date on which 'the preliminary plat approval for Fosterview Estates expires. The facts are as follows: The plat received preliminary approval on December 20, 1993. 2. At the time of preliminary plat approval, RCW 58.17.140 provided that a preliminary plat was valid for 3 years, and could be extended for one year by approval of the local legislative authority. The statute expressly indicated that the three year rule applied to plats which were pending when the three year rule was adopted. 3. RCW 58.17.140 was amended in 1995, while the Fosterview preliminary approval was still in effect to extend the time in which a preliminary plat was valid to five years. The amended statute allows a local government to extend, by ordinance, the time period beyond five years. The amended statute is silent regarding the issue of whether it applied to plats which were pending when the five year rule was adopted. The issue is whether Fosterview Estates is subject to the three year rule (with possibility of a one year extension) that was in effect when the plat was approved, or the five year rule that was adopted in 1995. If the three year rule applies, the preliminary plat approval has expired and the owner must re- apply. If the five year rule is in effect, the preliminary plat is valid until z •W W= -: CO IL: w O: u. 1. O. z�. z 0-.: C=) 0`, .w W: • s U, U H; Z • .0 •N • • O • z Mr. Steve Lancaster March 26, 1998 Page 2 December 20, 1998, and the developer would be entitled to apply for the one year extension authorized by amended RCW 58.17.140 and TMC 17.12.030(6). Our short answer to your question is that the plat is subject to the five year rule and is still valid. This interpretation is dependent on a review of the rather complex rules related to the retroactivity of statutes, as set forth below. As a general rule, legislative enactments are presumed to have prospective application only and will not be applied retroactively. There are three exceptions to this rule, which are found in the following situations: (1) A legislative intent to apply a statute retroactively is clearly expressed. (2) A amendment to an existing statute is "clearly curative ". (3) An amendment is classified as "remedial." See Olesen v. State, 78 Wn.App. 910, 899 P.2d 837 (1995). The issue is whether one of the three exceptions to the general rule applies. In this case there is no clear expression in amended RCW 58.17.140 that the five year rule should apply retroactively to applicants who have obtained preliminary plat approval prior to the amendment. As a result, the first exception does not apply. Parenthetically, it should be noted that the three year rule did contain such a statement and was clearly retroactive. The standard for applying the second exception, the "curative" rule, requires that the amendment that clarifies or corrects an ambiguous statute. Olesen at 914. The statute in this case was unambiguous before the Legislature amended it. The Legislature simply changed the law and therefore, the amendment can not be classified as "curative." The third exception for "remedial" legislation is the one that applies in this case. I should caution that the term "remedial" is construed somewhat differently by the courts than one might expect from the normal meaning of the word. "An amendment is deemed remedial and applied retroactively when it relates to practice, procedure or remedies, and does not affect a substantive or vested right. ". Olesen at 915. In this case, the amendment relates to the practice and procedure for determining the proper time period for obtaining final plat approval. Moreover, the amendment does not affect a vested right. As a consequence, it is our considered opinion that the exception applies and the stature should be construed to be retroactive. (By contrast, if the Legislature had attempted to shorten the time period of preliminary approval, that would affect the applicant's vested right and the exception would not apply.) There are no court cases that are directly comparable to the situation of the Fosterview Estates project or that interpret RCW 58.17.140. However, the Supreme Court did consider an analogous situation in Bowen v. Statewide Retirement Sys., 72 Wn.2d 397, 400 (1967). In that case, Bowen had applied for pension rights under the original version of a statute and had been rejected. The Legislature subsequently amended the statute in a manner that would cover the applicant. He reapplied for benefits. The Retirement System argued that the amendment did not apply because one the theory that the amendment was not retroactive. The Court ruled that Mr. Steve Lancaster March 26, 1998 Page 3 the statute was procedural because it determined the procedures for applying for pension rights and that the amendment did not affect a vested right because it had extended Bowen's rights, not curtailed them. As a result, the statute was applied retroactively and Bowen was entitled to apply for benefits under the amendment. Another analogous situation occurred in Severson v. Penski, 36 Wn.App. 740, 677 P.2d 198, review denied, 101 Wn.2d 1015 (1984). In that case, the Court of Appeals analyzed the effect of a 1981 amendment to RCW 6.24.145 relating to the redemption period following a sheriff's foreclosure sale. The amendment required that the purchaser at a sheriff's sale send written notice to the judgment debtor, reminding him of his redemptive rights and the consequences of failing to redeem, every 2 months during the redemption period. The penalty for failing to send the notices was a 2 -month extension for every missed notice. The new statute became effective almost 5 months before the end of the redemption period in Severson. No notices were ever sent to the judgment debtor. The sole issue on appeal was whether RCW 6.24.145 applied to the unexpired part of the redemption period following the effective date of the statute. The Court noted that the new law did not act retroactively in the sense that the purchaser would have been required to send out the 2 -month notices for periods before the statute was amended, but that because the amendment was procedural, it applied to the unexpired time period during which the debtor still had redemption rights. The Court referred to 2 C. Sands, Statutory Construction Section 41.04, at 253 -54 (4th ed. 1973) for the rule: [W]here a new statute deals only with procedure, prima facie it applies to all action -- to those which have accrued or are pending, and to future actions. But steps already taken, including pleadings, and all things done under the old law continue effective, unless an intent to the contrary is plainly manifested. Absent a clearly expressed legislative purpose to the contrary, pending cases are only affected as to future proceedings from the point reached when the new law becomes operative. (Emphasis added). The Court of Appeals held that once the statute became effective, the purchaser was required to send the notices. The Court described this application not as retroactive application, but rather, immediate prospective application. Severson, at 745. Application of the same analysis to RCW 58.17.140 would require that the five year rule apply to Fosterview because it was still a valid pending plat when the statute was amended. I recognize that it is possible for someone to argue that the fact that the old statute had an express provision applying the statute to pre - existing plats and the amended statute does not have a comparable provision could be construed to mean the Legislature did not intend to make the five year rule apply to plats that were pending when it was adopted. I do not think this is persuasive since it is equally likely that the Legislature recognized that it was unnecessary to z ■ W _i O w J =. f- w 0: g Q, to =w z1._ Z o: o w w- H • U wr ui z'. U �. z. Mr. Steve Lancaster March 26, 1998 Page 4 include such a provision because the court decisions on retroactivity would make the amendment retroactive with or without such a provision. There is no absolutely clear answer in this situation. If the City finds the five year rule applies, a project opponent could sue the City and the developer, seeking a court decision that the plat was expired. If the court ruled that the three year rule applied, the applicant would have to refile for another preliminary plat approval. If the City finds that the three year rule applies, the developer could file a lawsuit seeking a court order that the plat was still valid, and arguably could pursue a claim for delay damages. I do not believe it is likely that a damage claim against the City would be sustained in these circumstances, and the analysis of that possibility is beyond the scope of your opinion request, so I will not address it further at this time. If there are questions or you would like to discuss any aspect of this, please feel free to call me. Very truly yours, REED McCLURE Robert D. Johns 18885.31663.8326LT03..rdj z; 6D J U; U O; CO CI cn uJ UJ ':. w• O: gJ: a 5.12 d` i z 1_ � o z�� 0c 10 w W:,. I v LL- z; H S': Z ' ' Jsterview =:? _= -;Page 17 The construction phasing and sequencing plans need to quantify and provide control measures for detention during the each of the construction phases. Items in the CCRs need to include: 1. use of privately owned undeveloped land must comply with the geotechnical findings and recommendations; 2. no additional impervious surfaces may be added without drainage system impacts (private lot, whole system) along with hillside stability evaluation being made and finding that there will be no adverse impacts. With the geotechnical findings and recommendations; 3. Homeowners are responsible for maintenance and operation of the french drains and wetlands as well as other private property amenities shown on the plans such as fences.. Public Works comments will be provided on plans showing the construction phasing and sequencing. Sincerely, Ross A, Earnst, P.E. Director of Public Works City of Tukwila cc: John Jimerson re • 5.2.2. Specific Responsibilities for Owners of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 shall be responsible for the maintenance, repair and replacement of the common driveway which serves only their lots. All decisions for such maintenance, repair and replacement shall be by majority decision of the three. (3) Owners. Each Owner shall have an equal rate and all costs shall be shared equally among the three (3) Owners. k 7Z 5.2.3. Special Responsibilities for Owners of Lots 32 and 33. The Owners of Lots 32 and 33 shall be responsible Eor the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All decisions for such ---i- maintenance, repair and replacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail S to agree on any such decision, that decision shall be made by the Board upon written application of either owner. In any event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. 5.2.4. Special Responsibilities for Owners of Lots 34 and 35. The Owners of Lots 34 and 35 shall be responsible for the maintenance, repair and replacement of the common driveway leading from the pavement of 42nd Avenue South adjacent to their respective lots to the westerly boundary of their respective lots. All,decisions for such maintenance, repair andrrreplacement shall be by mutual agreement of the two (2) Owners. If the two (2) Owners fail to agree on any such decision, that decision shall be made by the Board upon written application of either owner.. In nay event all costs for such maintenance, repair and replacement shall be shared equally by the two (2) Owners. SECTION 6. MAINTENANCE ASSESSMENTS 6.1. Creation of Lien and Personal Obligation of Assessment Each Owner is deemed to covenant and agree to pay to the Association all common expenses assessed against his Lot by the Association by acceptance of a deed or other instrument of conveyance, whether or not it shall be so expressed in any such deed or other instrument. Common expenses include, but are not limited to♦: (1) annual assessments or charges, and (2) special assessments. Said annual and special assessments, together with interest therein and costs of collection thereof (including reasonable attorneys' fees), shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such 13166AGR.JEH -'{'�' /r ,.�...,,vn ` , 1 ±-,-e,_.1v1-L,Y :-^ 19. The developer shall erect a permanent three -foot high split-rail wood fence along the boundaries of all open space easement locations prior to any grading. The final Conditions, Covenants, and Restrictions shall be submitted with the Final Plat application and shall include a revised legal description which specifically describes open space easement areas. ••••■,1 V.•■■• s•• sf •• •■•0 •■ • Draft Release Language for addition to Declaration— Duiardin Tukwila Plat 6e,1 U (.1 Each Owner, in its purchase of a Lot, hereby acknowledges that the Plat of Fosterview Estates, as approved by the City of Tukwila, conrainA areas consisting of steep slopes. Each Owner hereby releases the City of Tukwila and its officers, agents and employees from all claims, actions, causes of action, costs, attorneys' and experts' fees or property damage arising from the presence of steep slopes within the Plat; provided, that this release shall not apply to claims, actions, causes of action, costs, attorneys' and experts' fees and property damage resulting from the sole or contributory negligence of the City of Tukwila, its officers, agents and employe, Pe— "Ft*" -tk. f/ca. •of sreLe (lopes - KIICIWOLUDATAMINDWARDIAnutzdzmapaboc October 21, 1996 City of Tukwila Department of Public Works Mr. William Fowler, Vice President Dujardin Development PO Box 5308 Everett, WA 98206 Re: Fosterview Trees Dear Mr. Fowler: co*:; i 2 �' John W. Rants, Mayor Ross A. Earnst, P. E., Director The City welcomes the agreement made by you on October 11, 1996 regarding the replacement of 74 trees at a 2:1 ratio (a total of 148 trees will be replaced). This meets the SEPA conditions .approved by the Department (:)f.Community Development(DCD) Director Steve Lancaster. The 74 trees were removed for the sewer and drainage infrastnicture. The locations of the 148 trees will be coordinated and later approved by Gary Schulz, DCD's Urban • Environmentalist, prior to their planting. A plan showing the new tree locations needs to be approved before the final plat is submitted to the City Council. 1 would like to thank you and Gary Bumstead 'for the prompt response and resolution of this matter. Sincerely, Ron Cameron, PE City Engineer c.f,: Steve Lancaster, DCD Director Gary Schulz, Urban Environmentalist .Joanna Spencer, Development Engineer mcv',tcstrvww,dcc. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: (206) 433.0179 • Fax' (206) 4313665 • • City of Tukwila Department of Community Development DRAFT 4/19/94 MEMORANDUM John W Rants, Mayor TO: Mayor Rants and Members of the City Council FROM: Rick Beeler, Director, Department of Community Developme DATE: April 18, 1994 Rick Beeler, Director SUBJECT: Fosterview.Estates - Recommended Modifications t� Conditions of Approval for a PRD /Preliminary Plat INTRODUCTION. On December 20, 1993, . the .City, Council ' approved the Fosterview Estates PRD /Preliminary Mat with 16 conditions.. The next step for Fosterview is review of the Final Plat sometime later this year. Review of the Final -Plat is exclusively for conformance with, rather than make changes to, the approved Preliminary Plat. Because of this very limited scope of review of the Final Plat, the conditions imposed on the Preliminary Plat must be very clear, and lead to. predictable .results for the Council, community, applicant and staff before permits of any.kind are issued. The verbatim transcript of.the Council's approval of the Preliminary Plat indicated that clarification of the conditions is needed and additional testimony.should be heard to provide predictability for the Final Plat. Therefore, a public hearing was scheduled to clarify and review evidence regarding the adopted conditions. The conditions and suggested changes are contained are discussed later in this report. .. , • When the applicant returns to seek' FINAL PLAT approval, the infrastructure will be in place, Final Plat approval traditionally is an opportunity for final review rather than an opportunity to make changes,to the; approved Preliminary Plat/PRD. . EXHIBIT 6 is a revised site plan which incorporates design - related conditions as imposed •, • by the City Council as part of the Preliminary P1at/PRD approval. It should be noted that the revised plan did not result in a reduction in density. • The City Council' also imposed two conditions which required that the applicant return to ,*:•:-!-• the Planning Commission/Board of Architectural Review (BAR) before the Final Plat is approved. Condition #10 requires BAR review (based on TMC, Section 18.46.060 (g)); ion and Condit #17— requires the applicant to provide to the City Council, off -site perspectives for downslope and side yard buffers per TMC, Section 18.18.46.060(f) (1). EXHIBIT C ATTACHMENT 1 `:"•. • 6300 Snuthcenter nBouieriver Suite #100 • Tukwila, Wasni n t r L ea l3m5 . : • Fosterview Estates Page, 2 City Council 4/25/94 Qn April 14, 1994, the Planning Commission and BAR held a public hearing tb review bth-e obi -site perspectives an revise• an•scape p an, an evaiva e e project in accordance with the design guidelines. OFF -SITE PERSPECTIVES. SECTION 1 of the Planning Commission Report, (Exhibit 7), includes an analysis of off- site perspectives for down -slope and side yard buffers. Based upon the information provided at the hearing, the Planning Commission concurred with Staff's recommendation as follows: Add six (6) tees as noted in the report (Exhibit 3, page 4) meet the coverage •' requirements per the TMC with the condition that the tree types be specified by the Department of Community Development. BAR DESIGN GUIDELINES. SECTION 11 of the, Planning Commission Report (Exhibit 3, pages 4.8) addresses how the project complies with the BAR Design Guidelines. The BAR concurred that the project* rrmeets•the•five Design Guidelines with the added conditions as-follows: •. J 1. . That a mbcture of Western Red Cedar or some other similar coniferous tree be • instailed:at the rear of lots 22, 23, 24 and at the front of lots 2 and 3 (to replace • , ::s proposed• deciduous trees); and that all additional trees specified in Section 1 and • Section II of the Planning Commission Report be a representative mixture of either native or introduced, fast - growing coniferous trees. 2. ' The maximum achievable ground cover be achieved and that the plantings exhibit vigorous ' growth both at the time of planting and throughout the period of - guarantee; which shall become a condition of the final plat approval. • ..‘," CLARIFICATION OF CONDITIONS IMPOSED BY THE CITY COUNCIL The 15 conditions made part of the Preliminary Plat/PRD 'approval are listed verbatim below and shown in quotes, followed by a discission of issues and recommended revisions. The minutes from December 20, 1993 are attached for reference (Exhibit 8, page 43 -57), The two compelling reasons why clarification is necessary is to avoid the need to interpret the. conditions and to simplify implementation of each of the conditions. The City Council may 'elect not to modify conditions as recommended belo*; but should keep these goals in mind if different changes are considered. • -1EMAN'S FUND INSURANCE COMPAN' • NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attorneys) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies." IN WITIlFgS WHEREOF, the Companies have caused the$g Rr5sents to be signed by their Vice- President, and their corporate seals to be h j nto affixed this l th day of Ju a lyyy STATE OF CALIFORNIA COUNTY OF MARIN On this 1 5th day of .Tune , 1 999 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have ereunto set my hand and affixed m official seal, the day and year herein first above written. L OCAMPO Commission # 1163726 = z :-, m �3 Notary Public - California Marin County [ may Public My Comm. Expires N, -- - }SS. FIREMAN'S FUND INSU • tji COMPANY NATIONAL SURETY i RPORATION E AMERICAN INS E COMPANY SOCIATED INDE t ORPORATION ERIC AUTOMOBILE INSU'.; CE COMPANY By .h• _ \ L Vice.President STATE OF CALIFORNIA COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 20th day of 4,� Yef ,44. 4. 1 January , 2000 360791 -11 -98 Resident Assistant Secretary \EMAN'S FUND INSURANCE COMPAN` NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attomey(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies?' IN WITNESS WHEREOF, the Companies have caused thefe yy r5sents to be signed by their Vice- President, and their corporate seals to be h j nto affixed this t day of June , 11 STATE OF CALIFORNIA COUNTY OF MARIN SS. By FIREMAN'S FUND INSU • �E COMPANY NATIONAL SURETY • RPORATION E AMERICAN INS E COMPANY SOCIATED INDE t ORPORATION ERIC , AUTOMOBILE INSU ;1 CE COMPANY Vice - President On this 15th day of .Tiinp , 1 999 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have Hereunto set my and and axed mLofficial seal, the day and year herein first above written. STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. }SS. L OCAMPO Commission # 1163726 Notary Public - California Morin County My Comm. Expires Nptc �( Signed and sealed at the County of Marin. Dated the 20th day of January 2000 t If F. .ro• ,./ , `` h1Mi `,1141 /// ' .,"'a �� �'w, Q- r,,.• r, FG ,r`,Q YER�' t, // `� •, S :sEALjs1 36079141 -98 Resident Assistant Secrtary ..�... rT' • .EMAN'S FUND INSURANCE COMPAN' NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION. a Califomia corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attorneys) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of anomey is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies?' this MINUS WHEREOF, the Companies have caused then, Rrrsents to be signed by their Vice- President, and their corporate seals to be h j' nto affixed l Y June , 1 yy STATE OF CALIFORNIA SS. COUNTY OF MARIN On this • 14th day of .TitnP 1999 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have tZereunto set my hand and affixed mLofffircial seal, the day and year herein first above written. By FIREMAN'S FUND INSU COMPANY NATIONAL SURETY • RPORATION E AMERICAN INS E COMPANY SOCIATED INDE t ORPORATION ERIC AUTOMOBILE INSU • ;l CE COMPANY Vice•Presldent STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. z }ss. L OCAMPO Commission # 1163726 Notary Public - California Marin County My Comm. Expires Npy2fi Signed and sealed at the County of Marin. Dated the `\nnnu,ww 1, ��``�Ctt qll wr /�4I....111\C 360791 -11 -98 20th day o f January , 2000 'g sEALisi Resident Assistant Secretary EMAN'S FUND INSURANCE COMPAN NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attomey(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE. COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies." IN WITNESS WHEREOF, the companies have caused theg, Rrrsents to be signed by their Vice - President, and their corporate seals to be h nto affixed this 15th day of June lyyy STATE OF CALIFORNIA COUNTY OF MARIN On this 15th day of .TtinP , 1 999 , before me personally came Harold N. Marsh to me known, who, being by me duly swom, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have ereunto set my hand and affixed m official seal, the day and year herein first above written. L. OCAMPO Commission # 1163726 /1 Notary Public - California }SS. By FIREMAN'S FUND INSUR COMPANY NATIONAL SURETY • RPORATION E AMERICAN INSU E COMPANY SOCIATED IND t • RPORATION A ERIC AUTOMOBILE INSU CE COMPANY Vicc.President STATE OF CALIFORNIA COUNTY OF MARIN }SS. Marin County My Comm. Expires N, I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 20th day of January 2000 \NnuwINW MAN'S YE \,\ m ,N \,IIN IN4,� - o;pt•U► /� ,�pgtlEl 6EAL;S_ s5 , 41,4 360791 -11 -98 Resident Assistant Secretary Z 2 00 CO CO ILI J i- • LL. W O g Q N _v 1-W Z= 1— 0 Z 1- W uj MO U • 0 co ICI 1_ W 2 11- 0, W = 0 �. Z trtTz ~'.EMAN'S FUND INSURANCE COMPAN'-'‘` NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attomey(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article Vil of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies. IN W9FgS WHEREOF, the Companies have caused th Rrrsents to be signed by their, Vice- President, and their corporate seals to be h j' nto axed this th day of J urie � y y affixed 4jnonuannn STATE OF CALIFORNIA COUNTY OF MARIN On this 15tin day of .Tung 1999 , before me personally came Harold N. Marsh to me known, who, being by me duly swom, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mLofficial seal, the day and year herein first above written. SS. By FIREMAN'S FUND INSU' • COMPANY NATIONAL NATIONAL SURETY l RPORATION E AMERICAN INS E COMPANY SOCIATED INDE t ORPORATION ERIC 1 AUTOMOBILE INSU • CE COMPANY Mce.President STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. z } Ss. LOCAMPO Commission # 1163726 Notary Public - California Morin County My Comm. Expires Npyc �( A7)1:17114 otary Public Signed and sealed at the County of Marin. Dated the 20th day of January n�nawuy4jN �AAN'S f. YE `' f A R/p Iq srr�cy t��o.ro.���.•t', 1 r'S1 : E 360791 -11 -98 2000 Resident Assistant Secretary MEMAN'S FUND INSURANCE COMPAN' '`. NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION. a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name. place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies." IN WITI S WHEREOF, the Companies have caused the, Rrrsents to be signed by their Vice- President, and their corporate seals to be h j nto affixed this lth 1 � day of J utle y y , STATE OF CALIFORNIA COUNTY OF MARIN On this 1 St-h day of ,TtinP , 1999 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrtunent are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mYoffcial seal, the day and year herein fast above written. SS. Z W 00 N 0 J i- F- WO J 1L?. CO = W Z� H O Z 2 0 92 0H W uj FIREMAN'S FUND INSU • �E COMPANY U NATIONAL SURETY a RPORATION E AMERICAN INS E COMPANY SOCIATED INDE t ORPORATION Z ERIC AUTOMOBILE INSU • CE COMPANY U P- P O~ By Vice-president STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. }ss. L OCAMPO Commission # 1163726 Notary Public California Marin County My Comm. Expires N A7M71) Y Public Signed and sealed at the County of Marin. Dated the 360791 -11 -98 ` `ralawu14,�4 �nAN�s p o e 2°tlurr�c r : o e w4j y14uaxnaM��� 2000 Resident Assistant Secretary ThEMAN'S FUND INSURANCE COMPAN' —' NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies ") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attorney(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies." IN US WITNESS WHEREOF, the J Companies have caused the$ Rr5sents to be signed by their Vice- President, and their corporate seals to be h j nto affixed 15 Y lyyy STATE OF CALIFORNIA COUNTY OF MARIN On this 15th day of .Tarp , 1999 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice - President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have ereunto set my hand and affixed m official seal, the day and year herein first above written. L OCAMPO Commission # 1163726 1. Notary Public - California Morin County My Comm. Expires N SS. FIREMAN'S FUND INSU, COMPANY NATIONAL SURETY • RPORATION E AMERICAN INS E COMPANY SOCIATED IND t ORPORATION ERIC AUTOMOBILE INSU CE COMPANY By > _ u.- Via•President STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 20th day of iiiiiiiiiii _g_ii;SEALW 4j4411111111 \\ \ \\ January , 2000 360791 -11 -98 \ \„ 1.11114,,,,, Resident Assistant Secretary ► EMAN'S FUND INSURANCE COMPAY -'4' NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Steven K. Bush, M. J. Cotton, Nancy J. Osborne, Mike Amundsen, S. M. Scott, Darlene Jakielski, Mark A. Jensen, Robert W. Lagler, Julie M. Glover, and Cindy L. Villasista of Kirkland, WA their true and lawful Attomey(s) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attomey is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, b facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Companies:" IN WITNESS WHEREOF, the Companies have caused the them grrsents to be signed by their Vice- President, and their corporate seals to be h ;l nto affixed this lJth day of June lyyy , STATE OF CALIFORNIA COUNTY OF MARIN On this 1 Sth day of .Tune , 1949 , before me personally came Harold N. Marsh to me known, who, being by me duly sworn, did depose and say: that he is a Vice- President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have ereunto set my hand and affixed m official seal, the day and year herein first above written. L OCAMPO _ � + Commission # 1163726 ��• Notary Public - California y Marin County My Comm. Expires N } Ss. FIREMAN'S FUND INSU COMPANY NATIONAL SURETY • RPORATION E AMERICAN INS E COMPANY SOCIATED IND t ORPORATION ERIC , AUTOMOBILE INSU ; CE COMPANY By Vicc- PI«tdent STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the January , 2000 360791 -11 -98 Resident Assistant Secretary Bond No. 11133467750 LANDSCAPE MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, DUJARDIN DEVELOPMENT COMPANY as *Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY Z. a Missouri Corporation, as Surety, are held and firmly ss�� g. JU bound unto CITY OF TUKWILA 0 O (0 0: W = J1... N u- as Obligee, in the sum of SEVEN THOUSAND EIGHT HUNDRED EIGHTY THREE AND W O gQ DOLLARS, for the payment of which, well and truly to be made, the said w Z ?. Principal and Surety bind themselves, their heirs, executors, 0 Z t- W administrators, successors and assigns, jointly and severally, by 2 j these presents. O N' o �. WHEREAS, the said Obligee has required said Principal to provide = 0 u.t"". O. WZ U cn commencing January 20, 2000 and ending January 20, 2002 H'. NO /100 ($7,883.00 4 this maintenance bond for a period of TWO YEARS (2) in connection with: PHASE I LANDSCAPING - FOSTERVIEW ESTATES NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the principal shall maintain and remedy said work free from defects in materials and workmanship for a period of time above indicated, then this obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED, This 20th day of January 92000. DUJARD � PMENT COMPANY .1.....- BY : �� Principal AMERI �2OBILE SU/ CE CO..•ANY KI BY: 0�2f DARLENE JAKIE , Atty -In -Fact Bond No.11133467768 WETLAND MITIGATION MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, DUJARDIN DEVELOPMENT COMPANY as 'Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri Corporation, as Surety, are held and firmly bound unto CITY OF TUKWILA as Obligee, in the sum of TWELVE THOUSAND SEVEN HUNDRED SEVENTY FIVE ($12,775.00 DOLLARS, for the payment of which, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the said Obligee has required said Principal to provide this maintenance bond for a period of TWO YEARS (2) commencing _ January 20, 2000 and ending January 20, 2002 in connection with: WETLANDS MITIGATION - FOSTERVIEW ESTATES . NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the principal shall maintain and remedy said work free from defects in materials and workmanship for a period of time above indicated, then this obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED, This 20th day of January DUJARDIN DEVELOPMENT COMPANY BY: 402000. AMERT BY: , UTO OBIL i/7 1 ENE JAK Principal VC�1 C9MPANY ° A ty -In -Fact Z Z re w 6 -J U O' NO W = J F- (0_ w0 u- Q. co = Ci F- _ Z F- O Z F- LU U• � O o F- = U. F- w — Z ui U S' O~ Z COMPLETION BOND BOND NO. 11133467784 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto City of Tukwila, Washington in the just and full sum of FIVE THOUSAND ONE HUNDRED SEVENTY FIVE AND NO /100 ($5,175.00) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal is developing a certain tract of land in the City of Tukwila known as Fosterview Estates which development requires the completion of Three Asphalt Driveways, Lots 1 and 2, Lots 31 and 32, and Lots 33 and 34, within the City of Tukwila, and WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory completion of Three Asphalt Driveways, Lots 1 and 2, Lots 31 and 32, and Lots 33 and 34, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly complete Three Asphalt Driveways, Lots 1 and 2, Lots 31 and 32, and Lots 33 and 34, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before January 20, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY AME N AUTOMOBIL INSURANCE COMPANY BY:1 DARLENE JA LSKI, ATTORNEY -IN -FACT COMPLETION BOND BOND NO. 11133467776 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto City of Tukwila, Washington in the just and full sum of ONE HUNDRED FIFTY THOUSAND AND NO /100 ($150,000.00) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal is developing a certain tract of land in the City of Tukwila known as Fosterview Estates which development requires the completion of Sitework, including Earthwork and Erosion Control Facilities within the City of Tukwila, and WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory completion of Sitework, including Earthwork and Erosion Control Facilities, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly complete the Sitework, including Earthwork and Erosion Control Facilities, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before January 20, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY BY f� f AMERICAN AUTOMOBILE INSURANCE COMPANY BY: /0,02C-e DARLENE JA- LSKI, ATTORNEY -IN -FACT z -Z w ug� JU U0 N to w Ill I• J I- N LL WO u_a • a W = I- _ z� I-O zt- w • • O N 0 H: W • W' 1- H: O. wz O z LANDSCAPE COMPLETION BOND BOND NO. 11133467719 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and finely bound unto City of Tukwila, Washington in the just and full sum of SIXTY EIGHT THOUSAND SIX HUNDRED SEVENTY SEVEN AND 20/100 - - -- ($68,677.20) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal is developing a certain tract of land in the City of Tukwila known as Fosterview Estates which development requires the Phase II Installation of Landscaping for Lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33, 34, within the City of Tukwila, and WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory Phase II Installation of Landscaping for Lots 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33, 34, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform the Phase II Installation of Landscaping for Lots, 1, 2, 3, 4, 13, 14, 15, 16, 17, 32, 33, 34, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before March 1, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY AMERI • N AUTOMOBILE INSURANCE COMPANY BY: £iJ DARLENE JA .LSKI, ATTORNEY -IN -FACT L z = Z ~ re w m. 00 CO 0 w N u_ w O. LQ. co =d w Z 0 ui U� co O C:1 wW - O. ui z U W: _. 0 1- z LANDSCAPE COMPLETION BOND BOND NO. 11133467743 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto City of Tukwila, Washington in the just and full sum of THIRTY FOUR THOUSAND THREE HUNDRED THIRTY EIGHT AND 60/100 ($34,338.60) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal is developing a certain tract of land in the City of Tukwila known as Fosterview Estates which development requires the Phase II Installation of Landscaping for Lots 27, 28, 29, 30, 31, 40, within the City of Tukwila, and WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory Phase II Installation of Landscaping for Lots 27, 28, 29, 30, 31, 40, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform the Phase II Installation of Landscaping for Lots, 27, 28, 29, 30, 31, 40, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before March 1, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY B AME A AUTOMOBILE INSURANCE COMPANY BY: �1� alf,‘p DARLENE JAKI SKI, ATTORNEY -IN -FACT z �z w 00. JI. I.- CO u_ ' La 0 2 gQ =0 ILI Z �. ►- 0: z1- 2 0 0 1-(-2' =a iii Z, co r±: 0 . z LANDSCAPE COMPLETION BOND BOND NO. 111334677 27 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto City of Tukwila, Washington in the just and full sum of SIXTY TWO THOUSAND NINE HUNDRED FIFTY FOUR AND 10 /100 ($62,954.10) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal is developing a certain tract of land in the City of Tukwila known as Fosterview Estates which development requires the Phase II Installation of Landscaping for Lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23, within the City of Tukwila, and WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory Phase II Installation of Landscaping for Lots 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform the Phase II Installation of Landscaping for Lots, 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before March 1, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY BY: �_� vf� AMERICAN AUTOMOBILE INSURANCE COMPANY BY: SKI, ATTORNEY -IN -FACT z W: 6 -I C.) 0 co 0. 0k ID: w =: -.I I.- w 0. IQ Wa H = z� �0 z►- 2 p. - 0 H 2 0, F- O wz U z LANDSCAPE COMPLETION BOND BOND NO. 11133467735 KNOW ALL BY THESE PRESENTS, That we, Dujardin Development Company as Principal, and the American Automobile Insurance Company corporation organized under the laws of the State of Missouri and authorized to transact the business of surety in the State of Washington as Surety, are held and firmly bound unto City of Tukwila, Washington in the just and full sum of SIXTY TWO THOUSAND NINE HUNDRED FIFTY FOUR AND 10/100 ($62,954.10) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this 20th day of January, 2000. z 1w M JU O 0 CO s, Wz J • u w0 THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the Principal co is developing a certain tract of land in the City of Tukwila known as Fosterview Estates = w which development requires the Phase II Installation of Landscaping for Lots 18, 19, 20, z ; 24, 25, 26, 35, 36, 37, 38, 39, within the City of Tukwila, and z w W! moo:. o CO: wuu. H• W H - O: ui z O - O ~. z WHEREAS, said Obligee requires that a good and sufficient bond be furnished by said Principal guaranteeing the satisfactory Phase II Installation of Landscaping for Lots 18, 19, 20, 24, 25, 26, 35, 36, 37, 38, 39, as shown in detail on the plans approved by the City of Tukwila. NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform the Phase II Installation of Landscaping for Lots, 18, 19, 20, 24, 25, 26, 35, 36, 37, 38, 39, in accordance with the above designated specifications to the satisfaction of The City of Tukwila on or before March 1, 2001 and pays all the costs incurred in completing the same, then this obligation shall be void, otherwise to be and remain in full force and effect. SEALED with our seals and dated this 20th day of January, 2000. DUJARDIN DEVELOPMENT COMPANY B AME INl AUTOMOBILE INSURANCE COMPANY BY:/GG� DARLENE JAKI SKI, ATTORNEY -IN -FACT City of Tukwila ' DEVELOPER'S PR'N~JECT WARRANTY REQUEST FORM NAME OF DEVELOPMENT: D Ltywctui D etitho vv164 t DEVELOPMENT ADDRESS: I yj4fi/Se 1 gyp-( het 5 s S CASH ASSIGNMENT SHALL BE REFUNDED BY MAILING TO: (please print) NAME: 13.111 ADDRESS: p O bb? . lO59 CITY/STATE/ZIP Silo Il,'OWil51'1 Vvvi 'tg2T DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE J� f 0 PLANS/DOCUMENTS WHERE ITEMS nARE eDESCCpRIISEQ1: V V C� � plodoivl CUA��Igi�/l(�� 1► `u b 1kAs. t L»W v Oy DATE: 3 St" PERMIT NO.: 01-0018 -0018 TEL. NO. q25 —331-L51)/8 As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ / a 175'2-9— ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: ( / / -), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If l fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and lb�a�se�ofthesee funds. SIGNE `,rte -( TITLE: v, iriir CASH CITY RECEIPT NO. THIS FUND IS AUTHORIZED TO BE ACCEPTED. DEPARTMENT HEAD: ` .0 CASH EQUIVALENT J DEPOSITED THIS DATE: 1,00 1 41101-W RECEIVED BY: ilk .l. 1:. • • eww ''ti� l'►rr�;'* • 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY: I have reviewe• the above work and found it acceptable and therefore w'i7' horize the r: ase of t �- • ,eve cash assi nment A THORIZED B A., , DEPARTMENT: I AMOUNT: it /2 RELEASED THIS DATE: CASH EQUIVALENT — LETTER AUTHORIZING RELEASE CASH CITY CHECK NO. �•.:y!VOOiQ.q. Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD RELEASED BY: , FINANCE DEPT. Upon completion of entire form; Finance personnel shall send copies to: — Developer Finance Department — Permit Coordinator, DCD 08113,90 Z Z w 000 WI F- NLL WO u_? co O w _ Z� �o w~ w 0 �_. 0 - wW F- u' O w Z U= O1- z RECEIVED City of Tukwila E13 T1 7 EVELOPER'S PR( —JECT WARRANTY KW„ REQUEST FORM • .::... r f ar t r0r0,ze < • NAME OF DEVELOPMENT: D UJa rd i UP V e, l o-pme t Co DEVELOPMENT ADDRESS: litt.l,Ysech on c/a/y.0 A 0.e. NAME: `gl(J irD 1 r CASH ASSIGNMENT SHALL BE REFUNDED BY MAILING TO: (please print) DATE: -CO 5 )34 s; PERMITNO.: LciCi -Qp\ TEL. NO. Li S- 3 s ADDRESS: P, o, 11.E 1 usq CITY/STATE/ZIP oh o»t, S il y LA) A. • DR DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED): PVnase) E \andSC.Q..Qin ir al.kd\-r\ Q 0" ins -cv \adon, .)Y 1 Z-' 1 \3 \W \S \ \o 0- 31 33 u.d 3t'. . As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 68761.4. LO ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: on oN loe ( 03 / 01 / 01 ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. ��.. ...::.:.::.::;.::..... I't .. .. ob ........ SIGNED: (- —7 7 °Cr TITLE: THIS FUND IS AUTHORIZED TO BE ACCEPTED. DEPARTMENT HEAD: d2-H -c.9.D AMOUNT: o , b 77' of v CASH CASH EQUIVALENT DEPOSITED THIS DATE: -OD CITY RECEIPT NO. 'fin I((.3' .1,1 • 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: RECEIVED BY: All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY:1 A_ I have reviewed the above work and found it acceptable and therefore authorize the release of the above cash assignment. AUTHORIZED BY: DEPARTMENT: "I'D • !C<4,c'l.4:V ?nxf�uV.W)JOitO»0!. {jM.;. GiVP'R .. (KS4t4H>: C(Kt4A:4?WXOP':tV>%C n++vwM:nShcbin� { is i::•:.i'; { {. . ti ?.�!: >::i >; {�i�•••••••:ii:: �::::2;i:y;ii:;i >ii::ii':i >: ?: iii:!^:: ii:}J ii .jl:!'::tii:iv::ti.(::i:,vL:i:' .•.v: ?:Y: `SEL?f;. :. jfer;be; completed bry.£Itstafar::<:: CASH EQUIVALENT— LETTER AUTHORIZING RELEASE AMOUNT: I 6, 611. go RELEASED THIS DATE: ,173 -01 CASH CITY CHECK NO. RELEASED BY: ,nMar.iM= aYonneemr Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD 09/13/90 RECEIVED City of Tukwila FL") 1 REVELOPER'S PF`'''`,JECT WARRANTY FTUKWILA REQUEST FORM NAME OF DEVELOPMENT: DuJctrd ► 17 e ve 1 Up merit DEVELOPMENT ADDRESS: __Tili..cy-sectzill Or6 y a.4,4 A-► • s• J 3 StPERMIT NO.: 1_,q C\ -GO I g NAME: -E.r 11 Foul)ev- DATE: CASH ASSIGNMENT SHALL BE REFUNDED BY MAILING TO: (please print) TEL. NO. ( 1, 33q —5618 ADDRESS: 1p.0,1:67pit lost/ CITY/STATE/ZIP oifi t5 yl i 5 L WA'. q aQ DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLAN$/DOCUMENTS WHERE ITEMS ARE DESCRIBED): Chae. ahA- scc -Q`n -ft( 16-1/4-S S �laI� -I�►q l l' o(v_Au d.■.`-N. P\ ank and \.YnS Al ct 0 r) 1Z Z� Z and. 2-3 F i 1 As the owner or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ (oa,QSzl. 10 ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: ay) oy bey{' , ( 03 / 01 / 0 / ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. !further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNED: TITLE: .... ...: ` • : .......... ?.rttl�.b p b:G' � l THIS F U ND IS A TH RIZED TO BE A C EP ED. ■ SIGNED: ki 0 r-w (-), _/ .2Cr DEPARTMENT HEAD: LL,...4_ cn a - i i _ coo AMOUNT: 6a,i6'q,,v O CASH @C CASH EQUIVALENT DEPOSITED THIS DATE: Z. - 3 -OD CITY RECEIPT NO.Iltfi., •j rf 2.1 RECEIVED BY: 01— ar�� L >3 �i;}:Y: �:aR % } }: jj: �:::• j: is >.::$ +iiij:i <i:i >i:ii: > %::•: ^i ::iii: ?�:' �.� +•� •i'y�::' �x'�I 'lfo:fie >t�!��� 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: WAN All work identified in Section 1 of this form has now been completed and retumed to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY: I have reviewed the above work and found it acceptable and therefore authorize the rel • se of t h- . ' • ve cash assignment. AUTHORIZED BY: DEPARTMENT: ID C -0 l;be comofete AMOUNT: �.I • CASH EQUIVALENT— LETTER AUTHORIZING RELEASE 1v2, g9f.1v RELEASED THIS DATE: CASH CITY CHECK NO. RELEASED BY: Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD , FINANCE DEPT. Upon completion of entire form, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD 09113!90 z �Z w O 0 rn� J H U) u_ w 0 La to =d Fw z= ZO w • w 0 o • - o ff ww H- • �. u . 1 z w U= Of'- z RECEIVED City of Tukwila FE 1 DEVELOPER'S PR`''JECT WARRANTY i TU REQUEST FORM NAME OF DEVELOPMENT: Dui) rd l De ve'"me wl- & • DATE: 7- DEVELOPMENT ADDRESS:„ n ter Sect/ uy) 1 avid.. .#vc , ... j S 137 J• PERMIT NO.: L °c1 - 00 \ D CASH ASSIGNMENT NAME: '3i II dew) - TEL. NO. 4 33c/- 6`0/8 SHALL BE REFUNDED � ADDRESS: . 0 BY MAILING TO: ADDRE 1059 (please print) CITY/STATE/ZIP A Om jb k/ LoA. 9.3a91 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED): Ph - * \ cknd c a i ' h cx \. in • oxv\ s 0-n A \Y1(st-a.1.\ . -1.Orn -ov \0-S 5T62-41 C i '\-- ;--4 )-- --Z- -3 i b 1(.1 7.n , 7,4-, 2 -170( -� , %ir '1 ! 2/ '-77 .q As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: ,rib ay ( ) 3 / 0 1 / 0 / ), or risk having the City use these funds to carry out the work with their own contractor Or - in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNED. t �� TITLE: </7 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All wo rk i Section 1 of this form has now been completed identified in Se Ct P and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY: and therefore I have reviewed the above work and found it acceptable e e authorize the elease of - II bove cash assignment. AUTHORIZED BY: A:[Cf0(4;XC,.WV %VT:VCVOfA:�WC'• omplet .... raw�wt�l:. t::: G:::: isi'{ �i: i::: i:.:'; 4ii: iL• f':; ii: L: 4`;:;{:.,,: ij.i. }•;,�Siv;:;ki:.;i:�' +'� be ced f It stef� t. `v YJpfMtA+, • WC!L.:t�00500. DEPARTMENT: .. : :KAea�P'...'ntP� ?: l' Axc:•n;x. 'u�oax:oav C ;•?w ': '.a:.`R3yv.0 \.:�w, oa> CASH EQUIVALENT- LETTER AUTHORIZING RELEASE CASH CITY CHECK NO. .. VT \: : \VO(OTtrNJOKK[COOM[SW> Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD AMOUNT: 4 �� 454 /J RELEASED THIS DATE: 4---/_e6 RELEASED BY: , FINANCE DEPT. Upon completion of entire form, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD 09!13190 THIS FUND I S AUTHORIZED TO BE ACCEPTED. DEPARTMENT HEAD: `c� (-r-c— O2- ll - oa SIGNED: / J G ( �'?i er ,� AMOUNT: 6, c2, 164, 6'-//t.' 0 CASH CASH EQUIVALENT DEPOSITED THIS DATE: Z - 92 —CD ki ki CITY RECEIPT NO. y(,& 4- i l l 3.3 . ♦�hY.V>::`:[•:v.v.v.:w.:\ ,. .. .f'aVa•A%iuv•. �...#%S ..w.Q. o, o0c\\ �t�m`bN�OOPX Q QC ` 1 RECEIVED BY: ; ki„; y- C S .:.�\PWOttCY 00MttCCroW..• .:a�TY Nin}%41W. • \i. .. •vX� .. �yGJCpCq�yy 9CN�YCroP`�:'. :Vt!R_; M1 ;O::it. ..5� W.. 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All wo rk i Section 1 of this form has now been completed identified in Se Ct P and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY: and therefore I have reviewed the above work and found it acceptable e e authorize the elease of - II bove cash assignment. AUTHORIZED BY: A:[Cf0(4;XC,.WV %VT:VCVOfA:�WC'• omplet .... raw�wt�l:. t::: G:::: isi'{ �i: i::: i:.:'; 4ii: iL• f':; ii: L: 4`;:;{:.,,: ij.i. }•;,�Siv;:;ki:.;i:�' +'� be ced f It stef� t. `v YJpfMtA+, • WC!L.:t�00500. DEPARTMENT: .. : :KAea�P'...'ntP� ?: l' Axc:•n;x. 'u�oax:oav C ;•?w ': '.a:.`R3yv.0 \.:�w, oa> CASH EQUIVALENT- LETTER AUTHORIZING RELEASE CASH CITY CHECK NO. .. VT \: : \VO(OTtrNJOKK[COOM[SW> Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD AMOUNT: 4 �� 454 /J RELEASED THIS DATE: 4---/_e6 RELEASED BY: , FINANCE DEPT. Upon completion of entire form, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD 09!13190 RECEIVED City of Tukwila Eby AFVELOPER'S PR .ECT WARRANTY - TUKWILA REQUEST FORM �R:S, :ti1 be Il iiis:::In J : ;i eIo .... .r'f iautiiorizocs ib •:iicL ' .::1sta!' NAME OF DEVELOPMENT: D vir e! r De v ,to r v eM* DEVELOPMENT ADDRESS,, fevs v A d �} v e �E S, 13 I- PERMIT NO.: L.-GI - O O TEL. No. t-i 3 34 - 68 CASH ASSIGNMENT NAME: -Bo J raw ).e- SHALL BE REFUNDED BY MAILING TO: (please print) DATE: ADDRESS: 1:), d ,1„.0(, 1 0,S9' CITY/STATE/ZIP opr., 1b , Li A 4 8 . DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBEDI: 9li1C15� �,CLYI�Sca 1YlQ_`L∎Ck.kn `CLY\-S cx \ v Sta.1tcl-k-ion c - o v. `O*-S Z 1 L 129, - As thowner o auuthorized agent of the owner, l hereby submit cash or cash equivalent in the amount of $ , ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: 4Y' ar be ( 03 / 01 / Q I ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, 1 hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNED. TITLE: ? : :. Z �t0 X• CQr7 j7BfQ1: �j?! .::... ...9tJ�l .....<;:; ?:. SIGNED: ! _I ,3c7, C--r; es— o� DEPARTMENT HEAD: ` pv..e,C -��- O 2 - ( 1 - oc AMOUNT: 3 413 3 `0. z Q CASH Q CASH EQUIVALENT DEPOSITED THIS DATE: . - -..- )7 CITY RECEIPT NO. .- L& 11 ti 31) - .3 RECEIVED BY: .� iYrl:: i7�. '4u{cSil`i�a:'ui'i:itir ►•.:':�'. • 72 HOUR NOTIFICATION1 FOR INSPECTION AND RELEASE OF FUNId$' DEVELOPER'S REPRESENTATIV CHECKED BY: L All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. 1 hereby . r ue ins ! • and release of my cash/cash equivalent. DATE: ) 2.131 / v tave reviewed t e above and found it acceptable and therefore authorize the release of the above cash assignment. AUTHORIZED BY g000T W0. M•%`+ OpP% OC6100G9: �5`<$! ON %Cta <WaY.!fW.W.•i:<v:tcr'.VJJ'T ..�/:IX•'/J,%,M, %V�eK�W I.O%ViKV:•J(P, : { }�:.}; `��..:: <i:'i:•':i:;� :: mple ( e i■ .......: e::cod' • VCi ».s DEPARTMENT: T 0.000(4V>Of0%vWJxN(<WY.�lw cr,MK• \�2•.: 2.�R�(Oi0!?Oy<a'^n :�?�:9W(C� \ \ \ \�. \�.M.��2X. CASH EQUIVALENT - LETTER AUTHORIZING RELEASE AMOUNT: RELEASED THIS DATE: 1_�,. (��J CASH CITY CHECK NO RELEASED BY: ,.x....!.:.. �.. n....:....,..r...z............ , FINANCE DEPT. Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD z QI- =z ~'w o: 2 JU 00 U J N u w0 u_ N 3 =W Z� Z � w O- 0 I- W W FU u- O .Z wN U= 0~ z THIS FUND IS AUTHORIZED TO BE ACCEPTED. .� iYrl:: i7�. '4u{cSil`i�a:'ui'i:itir ►•.:':�'. • 72 HOUR NOTIFICATION1 FOR INSPECTION AND RELEASE OF FUNId$' DEVELOPER'S REPRESENTATIV CHECKED BY: L All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. 1 hereby . r ue ins ! • and release of my cash/cash equivalent. DATE: ) 2.131 / v tave reviewed t e above and found it acceptable and therefore authorize the release of the above cash assignment. AUTHORIZED BY g000T W0. M•%`+ OpP% OC6100G9: �5`<$! ON %Cta <WaY.!fW.W.•i:<v:tcr'.VJJ'T ..�/:IX•'/J,%,M, %V�eK�W I.O%ViKV:•J(P, : { }�:.}; `��..:: <i:'i:•':i:;� :: mple ( e i■ .......: e::cod' • VCi ».s DEPARTMENT: T 0.000(4V>Of0%vWJxN(<WY.�lw cr,MK• \�2•.: 2.�R�(Oi0!?Oy<a'^n :�?�:9W(C� \ \ \ \�. \�.M.��2X. CASH EQUIVALENT - LETTER AUTHORIZING RELEASE AMOUNT: RELEASED THIS DATE: 1_�,. (��J CASH CITY CHECK NO RELEASED BY: ,.x....!.:.. �.. n....:....,..r...z............ , FINANCE DEPT. Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD z QI- =z ~'w o: 2 JU 00 U J N u w0 u_ N 3 =W Z� Z � w O- 0 I- W W FU u- O .Z wN U= 0~ z RECEIVED City of Tukwila 1 2RFVELOPER'S PFT JECT WARRANTY REQUEST FORM : :rf: nhe�rI i hu�'*ih,ctaf) NAME OF DEVELOPMENT: 0(t j,r4 IYj VeA op yyt&. (0 DEVELOPMENT ADDRESS {��J,rse }'4 , I 3 . . . NAME: -8;) 1'OW)er ADDRESS: Q• O ► 13o X 10Sq CASH ASSIGNMENT SHALL BE REFUNDED BY MAILING TO: (please print) DATE: 2 - 3-00 PERMIT NO.: LCI q- c0� TEL. NO. ek 33I - -56012 CITY/STATE/ZIP 6y? O ham; ski , L J.74-• `I gQci DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED): ()ha ■nke.,On _ v \c, a sum tv\cd- Y1 v k C 6 r O t, s• mw-t'\n a t- -rn c e} o C nu.c) \(\m , 1-1nc- Qf d aF 9u..aYan-Vc ci • C-ou.inc-L\ ebrAd -� . C.inc,tu,c`c.s s■-\-ed land,SccQiY \ and -mac ru accm' - no+ uoc-v-cura (flu As the owner, or authorized agent of the owner, I ereby submit cash or cash equivalent in the amount of $ 1-,383. ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: oy- be ( O 1 / ac / 0 ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. 1 further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNE .D........ d`•.�i�": # >. ��r�'Y':��81��:• TITLE: THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: fr1 Cr DEPARTMENT HEAD: 02.-►1 -w AMOUNT: 7� 3.00 O CASH 0 CASH EQUIVALENT DEPOSITED THIS DATE: V- Z- j • -Ob CITY RECEIPT NO. Ovit -1 / 1133140 '15) RECEIVED BY: 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All work rk identified in Section 1 of t this form has now been completed eted and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: ::•:: of tt ::i :::' i ;5 Y' 's' 1z?`` a wt * i 4ci • CHECKED BY: /Lad, AUTHORRED BY: �_ ,/ completed �itjr.......... >:;.::: CASH EQUIVALENT- LETTER AUTHORIZING RELEASE AMOUNT: 'i, 0g3 , Ub ,.. 9xor,,s5s. q;, • • x vor??a : »aa ,..:.. -U3 CASH CITY CHECK NO. Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD -,,.ilk 09/13/90 z XI z Ftw 10 00 cn J 0 *a =d w z� 1- 0 z I— w D c O -, O I- W u- 0. W.. U= O~ z City co -Tukwila DEVELOPER'S PROJECT WARRANTY REQUEST FORM :..........:::. n::::.::::;::.. ::::::::::::::;,:::.::':.:::.:.:.:::::::"•''' .;: :.,:{i::: i:• i:;: �4•{ :: } }:•:•'• :::::i:::ssi•s:.: .{ .::..n.. ,... .... ....;•:::•::: ` ?;;: ,.`.: rt:•.. h:: �: i?::•.:.:::::`::<:::::: :Y: }�:::::: <:;::::;:}:':;;;:;`. .... , .:.::::: :•:::: :.. ........:... n:........., ... : » ..v..:..n•. .. . ::^. n•: n.. .::.: ^:.n.::: > }v >::i:::ii:4i:: :•:::•i:: ../� .. ....... ...... .:::... ...... .. ...... ..n....: .......... )............. ......... ......... ..:..... .. .. r:... .....:... .::. ..... ..... . . .... .... ...:..::.}}•: r:4 >i::v: i:{.:.i }••; {:•i: +w: : : }::.: }i::•':Y »:`vi::::• :: `:' �" : F( � :fj .: A.:...... ..\ n,^ ...:........: ::ii::ii {:;i:ii'rii { {:: { {n•y } >: {:ice:•.; . W .�iF;:X ...: •' ::' }: , .f .� � �� .ego• t."� >8itltftot�f:b :G� ::sta ih: >i'ji::::`:C:':i': i "vi.�:: v�`:.:i:ii':::ti: iii'i ii{iti�•iR•:Sii {::y : }::i+i± i >ta�:�be:ft /tet�. �<: :�ct�rv. ..... ............. • NAME OF DEVELOPMENT: ljvi, rd, h Oeti 1(rp 66+- ez ' DATE: 1. '7'(1% pw lip -0tSl DEVELOPMENT ADDRESS:. n Seto-r� - �d f } U.e. S. 5 z S. 1371k PERMIT NO.: L,�I � - O O \ � CASH ASSIGNMENT NAME: -13i1/ r6W 1 - TEL NO.lka- a3ij - SOI 8 SHALL BE REFUNDED BY MAILING TO: ADDRESS: `p.o .3631 l ci (please print) CITY /STATE/ZIP LO ' , IS 8 .q 1 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED); E' 1 - as • a \-\-" dr\v‹..wa S VS-\ • OVS \ and _ Stco nd t D \b 3 and 3Z1 ana -1-\n.\r d \,off 3- o,. 3c-\ baS�d un fie. e_ornrnon s d,:v.\ve,wc s shown ov-1 S\- e,e -s c3.\ (.covonc,k,1 (' ot,a,;u ors \ I"4-. Corr `(erc do n `nc C-C> As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 5) 13-5-: CSa ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: a» err be ( Of / a0 / of ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out 's completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SiGNE TITLE: !ir CASH EQUIVALENT Vi ' isi::} { >.,:ti: } }.`,:5 }!::y { }•y'•;':yi �:: : :.;{.: �• y:: ti• Y .� }} ti }i }::: > } >:ti;: }i4:Y.< ti \..y {:: 4:'} •�::$ ":::4:: }:Cxv...:w::::..::. i.. :. ......::.n..{ .:ri•' : ' :i:::: { :::. }.::•::i:Y.::i•::: : :: :: '::i::::•.; ?: {. } ::•.::.. . }: :} ::: : ;:•. {:: {: :;k:,, 4iii•i•i::: S> ti'. ?:fto.be`cvm{s�etedby�Gttysaf° ;; THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: DEPARTMENT HEAD: AMOUNT. a 7 �, vv 0 CASH CASH EQUIVALENT DEPOSITED THIS DATE: Z. 'DU CITY RECEIPT NO. + III ,4 4754f RECEIVED BY: ' /� r E: C��Y` T7rfl t!':_ Z>i Ll�n:: hni: nmm� ldi'nrl�J��i:?i)n..n).t►�nKf . 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DEVELOPER'S REPRESENTATIVE: a.44.a ,(, a.:ibeycrrple #ed`1;::: »:::: CHECKED BY: DATE: t I have reviewe the above work and found it acceptable p ble and therefore authorize the release of the above cash assignment. AUTHORIZED BY: DEPARTMENT: rLx. SEG' YE7fN d fQ tie cocn{tleted b `frl>t r „„ CASH EQUIVALENT-LETTER AUTHORIZING RELEASE AMOUNT: 6 , X 1 , 00 RELEASED THIS DATE: 51B J D a CASH CITY CHECK NO. RELEASED BY: , FINANCE DEPT. Upon completion through Section 2, Finance personnel shall Upon completion of entire form, Finance personnel shall send copies to: .1 • 1 (�,� send copies to: - Developer - Finance Department - Permit Coordinator, DCD - Developer - Finance Department - Permit Coordinator, DCD O9I1=0 z ~w JU 00 NO J w0 d =w H Z. zf.. z1-- Lu w O• N • ff ww 1- ▪ Q ..z UN 0~ z 1 RECEIVED City of. Tukwila I FEB i 20(1DEVELOPER'S PRvJECT WARRANTY - TUKWILA\ REQUEST FORM PPT. :i::::::'',',',::::::'::::•::::',::zi:::,:§:i:i'i'ii;:Wi::::::::i:':::M.4,„._,..::::::,,,.._....,:i,:::::ii:L,i:iiili:i'L:':iiiiMi:,::::::1:0,:::,:i,',*:,,,:i:W::::i:x:i::::::'::,:i::::Vii::::::::::iik:::::::...... .' . . . .4.111113 alni.UraftWelOpOrkilikilnor . ,...:,,,z,..,",,,,......... NAME OF DEVELOPMENT: • • r 0. 1 -D vol 0 . - -i- ... DATE: Lci c1,- 0P1 ' '''' '-'6Vi DEVELOPMENT ADDRESSLrn Li )id A-ve...S. S. 137-11-St:PERNT NO.: Plig(z,- 0/51 CASH ASSIGNMENT NAME: eat if 1 0 Lt.) hr TEL. NO. 4 as-- 284 -S-0/ g SHALL BE REFUNDED BY MAILING TO: ADDRESS: 12, 0 , 60)( i osq (please print) CITY/STATEJZIP Si') oho m igh 1 till ei- •e38q1 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED): , 5\ -V-c., rr\bini-VO■onc) and YeS-6-6n -Foy omy-) cont-■(?).\ ] �- yl a_c_Vo,c(i ) ,,r) acuw-c), wk-\--v, 3C-CXrrNS Sc* )1\a-)kly-Ndul30..\--cx --0\r-\'■'Th v‘n \:2-A 13 \c1c-1 N\-cxyx(Yranakkx,r\ --\rovY-\ -. . \,-k(Dvv_DW. As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ iS-0) (RM. CD ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: 6Y) OY 1)ejeent_ ( 01 / ao / 0 / ), or risk having the City use these funds to carry out the work with their own contractor or in-house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGN : TITLE: t---- EG17ON (;o b completed SIGNED: THIS FUND IS AUTHORIZED TO BE ACCEPTED. AMOUNT: /4 17'7c7 CASH EQUIVALENT DEPARTMENT HEAD: DEPOSITED THIS DATE: CITY RECEIPT NO. 130Y14.- "Fi1(;3311(11//% v. RECEIVED BY: ... 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: completed I have reviewed the above work and found it acceptable and therefore authorize the release of the above cash assignment. DEPARTMENT: • OEN:get:Ott by CItystaff). CASH EQUIVALENT- LETI-ER AUTHORIZING RELEASE CASH CITY CHECK NO. Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD A‘, AMOUNT: 41%.15D1 D RELEASED THIS DATE: RELEASED BY: , FINANCE DEPT. Upon completion of entire form, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD 09/13/90 ...... z -tc • z w 6 0 00 U) (OLlj 1.1J —I I- uj 0 ° LI-1 Z —0 Z F- LU uj CI 0 — 0 uj I— — IL 8 wz O (.2 O 1- z iiii City of Tukwila DEVELOPER'S PF. AJECT WARRANTY REQUEST FORM :,:x::.....: }r:!•}} Y...... v::: x: : riny }i • }:::: � }: } }........ ••fir. }ti•:• }: �::: }: }i :4i }:{q +• } }Y: ::: ti{: :.:.i : .. : ::.:.... ?... ....:::;.:.{.....•::$'• . ^:.iv:r•:;. {•}; ? ?3.O..: :: ?}n }•r...}4r:,x: x.:'rr:4Y+•,... .... .:i'r. .. r... n::.n :.....:r..:n„ xrr :,..:.:.v.•..•,,... ^.... r: : .:. ... ::... .. ... .. ... .. ..}...... .. :::: ..... ............... .. ... fir•• :rr• }•;:::::3;:: , :.�E�••i�IEd!E':. s� :':i::y;:' ^;::•`.:;�::;:: %: +': iii: E:% t$::$: : : ?:;: %:::}::r }; ?. }:• } }:•:•.. NAME OF DEVELOPMENT: ,D( .;-d 1 r 1Ue,1 op yytit,1, Co . DATE: DEVELOPMENT ADDRESS ErvieYSPCk t avl (1 ,S, I) ,g , / 3iti" Sit . PERMIT NO.: L' 9 - 001 CASH ASSIGNMENT NAME: '$,1' >`'oWier- TEL. NO. Cif 33cf-3-6lg SHALL MAILING TO: REFUNDED BY MAILI ADDRESS: -' 0. 130 X 1051? MA (please print) CITY/STATE/ZIP 6hohomis), i W .4. 48agI DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBEDI• cha sr, t LandSCa , ►-,kairnA-onar\ Ct., -- aSsuve -t nc t P1an vno)s ey -'6 06\ k- v‘S Ore urs . row-'nn a-r--r■n<.,"-imb oC' P1an-1:-■n 0.hd 6 ... .. . <- Iii. 4 . 0 • utaYa n r c e , • C.6 u.nc.i..\ r_O n 6,,k.' -i ll o n 10 (.I nc.lu,,.dts Sire, lanas (DR i noki, and kV c x . . Y - c � a c c fl I ; no+ t 3t k-cond pin*-yr As the owner, or authorized agent of the owner, rfiereby submit cash or cash equivalent in the amount of $ -7-,233.15"0 ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: ayl or ( 01 (a0 ( 0,2 ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, l hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNE TITLE: L./ n, }•'r'i?.2:*.•.vY $1.:,it $: ke {'t. T1..k�:h <: ^.:E•A%.s• :t : •s'.'�.wr':?$ e..s. ,k..:A }"r•�:: • • ' "`.'? y 3 M ° THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: 0 r.-cs._ 61 7.e f— Q' DEPARTMENT HEAD: L4--- 02.-n- CO AMOUNT: % 13 2v 3 . of 0 CASH 0 CASH EQUIVALENT DEPOSITED THIS DATE: • GUY RECEIPT NO. RECEIVED BY: • >iJ ��1�iB.•tCB.fill 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: • �S�ik?ti } ?G. AF. M>P.vw:? ^: x }.:6.: �iyr : {:: ,i;:.riYrf:•:•::L: "" \ }:j ?'1,+,.:{;%: CHECKED BY: I have reviewed the above work and found it acceptable and therefore authorize the release of the above cash assignment. AUTHORQED BY: DEPARTMENT: •3 CASH EQUIVALENT — LETTER AUTHORIZING RELEASE • CASH CITY CHECK NO. AMOUNT: RELEASED THIS DATE: RELEASED BY: , FINANCE DEPT. Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD City of Tukwila '4'\ DEVELOPER'S PR.-JECT WARRANTY REQUEST FORM v•x::.• .. r... f..:.: ::... r..:. ::•.:. ..:...: ::.r.: v.:• /.v; }.vl• >i+'r iiii$rl nm .....: .......m:,v:::n;•.:.; .........;vr• ;:::i4;<• } }: ii: J .. :. :..........:. ... .rr ...,... .:...vr.x.. : };•:.• }:•:v. ::.r.v..::: : +.::• }:: i:•: :: r: ...v.. ...;..... :...... :....:::: i }'r.:.. ;;...; ... . .: ... ...... ..lF ...... r. .... .r .:. }. ...?.......b....... .....:. A....... .... fv:}..::: %:!$••::::: Fi.. .... }}. ................ .. f......Yrr v..mvnw.:... n......,:. n.....::::: r:n.•:;•.!': iii' ? }ii:J } }i }:?..::.w: ? ?•:!{v; }: +• st ?• }' ::: •::::: $: ..;:::y .;. ;r ... ...: • ? :. .. ..: .•, ,.•..... •::r.. . .. ; ..; .. • Y{{. i}•? r:}} i!: ??•:•}}:•}}:•::• 5: �:•:}}}:• ii:! 4:•:}: �: i:?•};:.?;} } }:;i: + }::;:• } }:.}:• } }:� } }�. } }: }: i }:?:: ?:•: :R• ::ii• ::. � v. .iii NAME OF DEVELOPMENT: D//set rd i 6 06l pre t± Co ' DATE: DEVELOPMENT ADDRESS: .rMeArsech in i (4 aryl J A Uf'.. .5, 5 i 3gs- S - PERMIT NO.: i q GI-- o Q ■ cg CASH ASSIGNMENT NAME: 131 i ) POW ter TEL. NO. q 5 = 3 ?.1-4s--.011 SHALL BE REFUNDED BY MAILING TO: ADDRESS: 'Q.0 11.071 ) (?S9 (please print) CITY/STATElZIPG oil o»1 I5 J ij i ) - Q g act 1 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBEDl: 4\rtase) IZ \a�n.dsc_c.'Qin9 , ifc)ud\r-°i g tC n'CS ar�.d \ns-�- o,.�.\ a -.o1n, -()\( 1,o�s \ Z. N \3 \' \5 1� V-- 3�L. 33 u-`nd 3LA . i 1 1 1 i 1 1 i i ) AMOUNT: to o , ! , arj' As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 1081644. at ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: on oN tae ( 03 / of (0) 1, or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNF,O. TITLE: //%l CITY RECEIPT NO. v , :: �, .,,.w.. n, x.. w.. vr, �,,,.., �.•.,v. �x� .x.�..:,,,.�,....w..v..:... -:: n ....�...,.,,,,, ...ww. xN.....M .�...,w... „V:..,..:,...M,,....,w.. -- � w _ , �„ �.. �.. .,...,.,�,.,r,.A,.,.,.>.�.Yxx.� >:", iX{4$:RvY. V.. ) ' C;•'.C}.!2Y1.r}?'sy:i.4?.''{ V:.:')•�.::a$•.ti";! • •r•:$.� ;:: <•?;.°.., . , ty+;'-i.:0•n•• �.,� ;•;�;�'pi�'0p�j;�.,�,. �. ':'::v• ..::,.. },!<$;;,r,,,,. : THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: 47 (7: - (----7 (----7 ; er4 v�-r DEPARTMENT HEAD: cz&---- 02- It -(.90 AMOUNT: to o , ! , arj' 0 CASH CASH EQUIVALENT DEPOSITED THIS DATE: CITY RECEIPT NO. • RECEIVED BY: •u + >: }: }:::::,'•. • • ?::z • ;i::i +. ":::R:S:ii•:$i: <: ^:i:!: i <::iti i >r'•:ir•:i:'t >; }, >: • xi; <:Y, >:• }: ;y • 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE All work identified in Section 1 of this form has now been completed and retumed to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: CHECKED BY: we w re ";: • 're i:.i°:�: L''�<c >:��� i�LL.f'1�1•'_'a.,i. • found acceptable and therefor I have reviewed the above work and ound it acre therefore P authorize the release of the above cash assignment. AUTHORIZED BY: DEPARTMENT: :!47�cRrf[{i/ISy;'; ��s<:�y�ri �Rsussr:e iv�a , >;a(sss AMOUNT: • CASH EQUIVALENT— LETTER AUTHORIZING RELEASE RELEASED THIS DATE: CASH CITY CHECK NO. RELEASED BY: , FINANCE DEPT. x Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD Upon completion of entire form, Finance personnel shall send copies to: _Developer — Finance Department — Permit Coordinator, DCD :.,, City of Tukwila DEVELOPER'S PR _ JECT WARRANTY REQUEST FORM . .. :r • ?: n:. • j�::.ii{.•.« {vrj .;.•.vn • rv.::i::} w:}.wv:,:.,:..:r....:.> ,., ii' iii; F :i!..r.:.:.. }.' . } }..: {.n:.4:.: •..�.: .j.:ii:.. ? n.iv•.:.:.: r �..:::w.:•:.y..;.:r w :.{::: { ..:v.•� .•._. ... eft• .:.�.•. ;.:..; . M..:.. ' . 2}{::r}::•{'.r.:r::.;:..: :;. .:;vx:. :. ': ::.:.; : }. : f{: { •^• : ::^:• :} :} :: }{ Y{ +.: ! ^4+:.:v; •�:•: :: ? i{ };{:•4i : : ^::•:;• :.}i.:. i .........v ... }.? .. i ?{:, . :v:« ;y r}. •f.. ?jr. }.+'vr}: .: r ..:.; : .} :;: . ? Y.::.w. ; ..•}:..: .n. ;:.....•...}:. .. . ...: . . • : .. ........}..: ..x. «.....;.:. ..}:... }:....r:...::::...::... n:.«::I. �. m «. .::.. vt.::.:}: H v..v.v:. :^vv: ::. : :...i . . :. • rvv .k : n .. .+.n..r.. ..r.. «...... .e.... .: . .. :.:.: .......:. «...:..........v:......,. r...v *.. und:..... ....: ..........:.....u. .... . ...:. . r.. .. rn.. : ..... .:.;.:.;:::::::!z:::::;;;;;;;;;•;., , v r.. r.:444•i: ::: {•i:{ {:.; ;. }': r:::: nv .: ..v NAME OF DEVELOPMENT: DuJard s v, OeV ,ta meurot- Ze • DATE: DEVELOPMENT ADDRESS;, n IP,v Sctb av) y ?put Svc , . i , 13 V-• PERMIT NO.: L99-001% D CASH ASSIGNMENT NAME: P t1 P-01,13)- e' TEL NO. y,.$: 33c/.. SZ)/g SHALL MAILING LI REFUNDED TO: ADDRESS: "�. 0 ■ 1 C�Sq BY MAILING TO: (please print) CITY/STATE/ZIP .(,t 011 OM ON 1U A • Gt 8 .1�j 1 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE f PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBEDI; Phat, IL \ and ,SCa?in3) iv,c,\ x c\ .rro Q \o.x -s tend \v1stal \a��tor ' ) � 1 2-} � f ov \ 0k 5 �K 101E k 1 2- cxr�d Z3 1 Q , + I q 1 1 I r As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 6a, 9S •/d ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: ay, o.r be ( 03 / 01 / 0/ ), or risk having the City use these funds to carry out the work with their own contractor Or- in -house manpower. 111 fail to carry out the work, b hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to comple all work listed above prior to requesting inspection and release of these funds. SIGNED' TITLE: 1/� ^'.N ..... . •}�iC:jE ,,- .'.:M,t1: * {i'. %;i};. n'•$,i! \k;1,:::?:??• {• '..4.3 +'r.�49.49, ,x,•' r:94,3?,�,f4:i.nt. -'3 : ,9 ?r }ictR7 t %ref .:? �:.4 ;t' (. THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: , p ca 6-1 s 4 �. DEPARTMENT HEAD: DEPARTMENT HEAD: C72.- r r - c o AMOUNT: 6 a2 , 1'6'-//L7 0 CASH 0 CASH EQUIVALENT DEPOSITED THIS DATE: CITY RECEIPT NO. RECEIVED BY: ::: t:::'•;: :::::`: ; ?::: ^:::�:c: {•: {i::::riv ri++.'•: a':' t+' c: i':'• :2' <:is {:::::::t:::' ?t \:i:•,••: 72 HOUR NOTIFICATION FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. l hereby request inspection and release of my cash/cash equivalent. DATE: r}•<,::••}';:{.; i:•$' n'• F::•:{:\ �:: Yi $tiv <:::yi::!;i:::!i: }•:S;:j4::r i:.':::•,:T }:j•:;: }; {:7' %ti :" ; }y,}•:titi; I have reviewed the above work and found it acceptable and therefore ' «.: ,»..:< }< >::.:.;..:<.:: i.: {_,.: •Y. }.:.. r� ::r }:kr....:4::<::i. authorize the release of the above cash assignment. CHECKED BY: AUTHORIZED BY: DEPARTMENT: CASH EQUIVALENT- LETTER AUTHORIZING RELEASE CASH CRY CHECK NO. AMOUNT: RELEASED THIS DATE: RELEASED BY: , FINANCE DEPT. Upon completion through Section 2, Finance personnel shall send copies to: - Developer - Finance Department - Permit Coordinator, DCD •',•! . Upon completion send copies to: of entire form, Finance personnel shall - Developer - Finance Department - Permit Coordinator, DCD 04/13/93 City of Tukwila • � DEVELOPER'S PR1JECT WARRANTY REQUEST FORM • }) f ?/:.'•.::. iiii:•}} .:•:•:•.� .:•:•:ti :i• }:4i i } } } }:•;•f• }i: • }:•u4 }• }: : :.. n.::• } • }•:•• }: ••::•. .....rvn.........Y ...{v.v. v::+f .... + :.^'::••} }::}•}f,•;;. •.;i ( }•.}•::• .}::: �: v; ...........n.,. •.v, .. •.:v: •:...f..n...... •;.n... :.nF...<:,.: :,n.n.. : .. ::. ..n:. .n +r.n:.x x... . ..... ..;. {;:.:. :•; :...; : .; .; ..... ::•; .;; "•};nv:; ..: n•:: x :::::::: w: •,.:. •...::!.::..,:.: ;:.. ;.!.:•.:o: •.:::!re• !!` `y�, }:::r .. S.. .: ar............ ......::........... }::::�: • :.•::.... ...!•}. r}} . r z'. ... ;.,•................. n ...... : :.: v:f.v.,.•f:, r,:rn :..:f..... +:...:.:.. r: :r::., n. :.,. :.,•:. .:,.... ... •.:• .Ill` �Y�:•:��y4•/�Q�,.�y�L�1■� x ..::...... Rtiti� h F/� ��j ! !< ry � .I�v� . F: .. ......v.::.vrn :%:.; ...v: nv::;::.: ::::: .:.: ........... .................... .. v......, ... :.!•.`Lr: sr: .�. w s.. • ... ... NAME OF DEVELOPMENT: -D r, yixe b y) ne �(a -p.m DATE: DEVELOPMENT ADDRESS0 {pv_�Iyeck o gaviet 4v.e,..se. I j, )3TtL st. PERMIT NO.: LCIC\— 00 \ CK --); CASH ASSIGNMENT NAME:)) Fa LJ l.e,r- TEL NO. 3 341- -'6--d Gg . Cam/-- O 2 - - • SHALL BE REFUNDED R DESS: AD. BY MAILING TO: 0 :Wok I.0SR AMOUNT: 34, 3 (please print) CRY/STATE/ZIP Ssti oinovoIsL, 1d1A ,q$a.9 DESCRIPTION OF ITEMS TO BE COMPLETED (REFERENCE PLANS/DOCUMENTS WHERE ITEMS ARE DESCRIBED): 9 hast, \andscaQ kn. 1Y1C,1,k&1'nq Q�CO,n- c U.nd LY1 S .Vc_ t.on CS) CASH EQUIVALENT .r)v 1(7.\-5 2- Ls 2`1 3 3 k and L-C' 1 ' CITY RECEIPT NO. t As the owner or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 31 , 333.40 ($150% of value to complete work described above) and attach supporting documentation for value of work. I will have this work carried out and call for a final inspection by this date: 011 ar beia,.e_ ( 03 / 0 1 / 01 ), or risk having the City use these funds to carry out the work with their own contractor or in -house manpower. If I fail to carry out the work, I hereby authorize the City to go onto the property to carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. SIGNED. • TITLE: L.- i .. :.,...,.:...:..,...... ..::... ... ..... ...................... :....... n ..: .: rn r ., x _. , ... ' . ' .... ... :x .. vrx..r, x,. ..x,..,....x... . w.. x... S +. isM" K.Y +! fm: i , h•: }n k : J.. „ . t.:$ :::V � " K 7: k' $ P" ,'.i5 '`+ ° '''. • . t• A ?t ; ' :W THIS FUND IS AUTHORIZED TO BE ACCEPTED. SIGNED: ` --); DEPARTMENT HEAD: . Cam/-- O 2 - - • AMOUNT: 34, 3 3$ 0 CASH CS) CASH EQUIVALENT DEPOSITED THIS DATE: CITY RECEIPT NO. t RECEIVED BY: • ::f• 72 HOUR NOT FFICAT1ON FOR INSPECTION AND RELEASE OF FUNDS DEVELOPER'S REPRESENTATIVE: form has now been completed in Section 1 of this o All work identified I Seal o p and returned to department which authorized warranty. I hereby request inspection and release of my cash/cash equivalent. DATE: •.:::4.?'r, %::!i. }f4i}i$:!'r,.i:C•: !!i is •. '., !S ?; ;.:..:. CHECKED BY: I have reviewed the above work and found it acceptable and therefore authorize the release of the above cash assignment. AUTHORIZED BY: DEPARTMENT: 77:01201000:400:1:0061400401111111: • CASH EQUIVALENT — LETTER AUTHORIZING RELEASE CASH CITY CHECK NO. AMOUNT: RELEASED THIS DATE: RELEASED BY: Upon completion through Section 2, Finance personnel shall send copies to: — Developer — Finance Department — Permit Coordinator, DCD , FINANCE DEPT. 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' EXHIPJT /-f z °�a 1 j� `� : tr 4.., „�; ��.r xis ('�� 4 7 1i 1 i j l j,;: 4 t 1t ...1i EXH1BIT» 3�3 EXHIPIT EXH113IT • .__. �)1 •�•i�/O _ I.�_ I I_ Fi.1 206 626 0673 PT'd BUCK & GORDON LI.P Z006/013 013 FOSTERVIEW ESTATES MOUSE "A„ ENTRY ELEVATION REM ELEVATION LEFT SIDE ELEVATION RICHT SIDE ELEVATION TYPICAL ELEVATION - OTHER ROOF BLBVATIONS AVAIASLE ERICK WAINSCOTS AVAILABLE MAX HERIHT 35' 1924 •q.!t. (APPROX.) N! Mina.. 1.1 nM Kai • IOW PLO Nd/aDO triI1>'1 WdOE:E0 00, V2 !lei •. Q 1--W 6�. JU UO.. ct CO 11J :c J I-. IL O: g N ' ~ Z I. F- O: Z — ;01-1 Lid � O Z: 01'21!00 15:11 FAX 206 626 0675 BUCK & GORDON LLP • FOSTERVIEW ESTATES HOUSE "B" ENTRY ELEVATION MAW ON rveI C51 iI RIGHT SIDE ELEVATION LEFT SIDE ELEVATION' TYPICAL ELEVATION «.OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINBCOTE AVAILABLE MAX HEIGHT 27' 1495 sq./t. (APPROX.) ST'd BASEMENT. 1 1 1 • ' I I t FLOOR 04' 1 3 : 0 0 7 / 0 1 3 3 Vd: QOQ tflIM:1 -11 WdTZ:EO 00. P Nb! ... .- 61/24/00 15:2 FAX 266 626 0675 . _ . . 9T 'd • BUCK & GORDON LLP F OSTERVIEW ESTATES HOUSE "0" EVATION( MVO I ' Y1218101 #1 RIGHT SIDE ELEVATION 24' LEFT SIDE ELEVATION TYPICAL ELEVATION - OTHER ROOP ELEVATIONS AVAILA8L SNICK WAINSCOTS AVAIL. BLE MAX HEIGHT 27' 1838 sq.lt. (APPROX.) md/a:c u-amni WdI2:E0 ee. t72 o °so/013 .;• 01/24/00 15:13 FAX 206 626 0675 >.• BUCK & CORDON LLP FOSTERVIEW ESTATES HOUSE "D" REAR ELEVATION ENTRY ELEVATION LEFT .S IDE ELEVATION RIGHT SIDE ELEVATION TYPICAL ELEVATION - OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINSOOTE AVAILABLE .MAX HEIGHT 29' '1390 2g-ft. (APPROX.) INICingt PW4I • - • 1st FUCK MAI Z 00:J/013 Md/010Q Wd12:E0 I2i1. 72 Nkif 01/24/00 1 5 : 1 3 FAX 206 626 06 5 SUCK & GORDON L1.P FOSTERVIEW ESTATES HOUSE "E" . REAR ELEVATION SIDE ELEVATION •R1GHT SIDS LEVATION ELEVATION fael04 .1 TYPICAL ELEVATION ■ OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINSCOTE AVAILABLE MAX MEIQHT 31' 1039 sq.ft. (APPROX.) BASEMENT FLOOR PLAN 010/(113 Md,c a e 1?Mm11 Wdi2:E0 100, P2 WI' 01/24/00 15:14 FAX 206 626 06-5 ; ..". •'.. • Bt. CE & GORDON LIP ; #:'.:-. . -: 7.F• 0 ST ERVIEW ESTATES • • , •.. .. , ., : .. ... HOUSE "F" -., I., • . .4..`;`17*•". ' 4.**7:::. 4 ,,,• 4.'• GT 'cl 24' - 7 ••••••=; bi-414•2_7■1111 pew row 'ENTRY ELEVATION V00141( REAR .ELEVAT I ON gunmen* RIGHT IDE ELEVATION IO4 TYPICAL ELEVATION • OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINSCOTS AVAILABLE ',MAX HEIGHT 27* 442 sq.fluCAPPROX.) pid FLOOR , 0117013 m./aDa Wd2Z:Ea OC, P2 HU: 01/24/00 15:15 FAX 200 626 0675 BUCK & GORDON LLP FOSTERVIEW ESTATES HOUSE "G" bard . LEFT SIDE ELEVATION RIGHT SIDE ELEVATION TYPICAL ELEVATION - OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINSCOTS AVAILABLE MAX HEIGHT 27' 1365•sq.ft. (APPROX.) 2nd. FLOOR PILAW I � let FLOOR PLAT/ r/ 012/013 Md/aDQ ti1IVNfl_ Wd2? EEO 2O tZ NHf • W. re 6_. -J O y 0 :• tn• w -J • LL WO g -J • a: t- W Z f-, Z0, ul CW D 0 in :O O H; ruj = W:. Z; LLI W: 01/24/00 15:I5 FAX 206 026 0675 BUCK & GORDON 1.1.1' 4t013/013 • • FOSTERVIEW ESTATES HOUSE "H" ..• ENTRY ELEVATION REAR ELEVATION LEFT SIDE ELEVATION • RICHT SIDE ELEVATION TYPICAL ELEVATION'S - OTHER ROOF ELEVATIONS AVAILABLE BRICK WAINSCOTE AVAILAOLE MAX HEIGHT 35' 1970 sq.tt. (APPROX.) .. RAS MS r Md'iDQ d1If':Ifll Jczz:EO OFi, 7? NUf Kappler Associates A r c h i t e c t s 13400 Nathp Way, Sure 33 Bellevue, Washrgton 98005 (425) 641.5320 • Fax (425) 641.5318 02900 - 02900 -02 NOTES 3/4' PLYWOOD SIGN - PAINT ALL SIDES DEEP GREEN MOUNT TO POST W/ (2) 1/2' G-ALV. LAG BOLTS. I' TALL VINYL CONTACT LETTERS WHITE. 4X4 PRESURE TREATED POST. DIRECT BURRY IN GROUND NOT PAINTED 0 Protection of the natural area is in your care Alteration or disturbance is prohibited pursuant to TMC chapter 18.45. Please call the City of Tukwila for more information 0 CITY OF TUKWILA 9 CV T =1' -0' 02900 - 02900 -02 TCG NOTES: 7/24/98 P???,()Nip•,\5 t4� SOUTHGATE PARK NEW KEYSTONE WALL mil s;o( �..1 S Z • Z` 6 57 JU 00 lAO. CO W W =; i-; Wo g • • co d W Z 1- O i w gip: .0 H' W uj ~ U': — / r2 a r • \.EX/SANC ROCKS TO RE,IA/N E1A2- Cr6' -200 - REI/Olf POD WON Or12a°£ T//A EX/ENOS/NTO / 5%lVA1£RCOUR 11E1.lW 1F/P24Of Riff71 S� 11 NOV ROCKERYAli Rafe-' PER SECAOV B ,= • / /z5' igl/ERC01/8241£/IAN. BUFFER 3EIBACK RO' /56 106,155 101. rcr r5f_,, •166.5'6, SE/VS/T/VE AREA ENCROACH/WENT A/VAL YS/S 98013. 02 SCALE 1- = 30' 7-24-98 i St[v 16i 113' ••1C•COU•SE/ RiN'.D dirE• tl d .i V eD.,t dG OC aAI • Curio COft 0t t[• COItSC/ \ / Kr4�05 mxr[• 1!' C+SC•ENT I:tr- P.C•lO a112 EtEv 110 — I • M. CU,/. Co I • a illy- 127 CtCV 1>a • • Ca M CL'v 1!6 Ray 16. I I E''—r he,-6-0' IY I e O'� 1 l.._. 20-0. 1 I 1_0. 1 SECT/O/V 5-5 EOCE OC *.TER COURSE/ •[TEdsOS alt,,Ca. Y OCr EOM a •/'• man,tt Or OC Or 1 mat a mp1T�Of [TCv 1ii I COM • MitiCR� Y C.IY�ChT r -S' +.'ENCOYRSEr I •C 1..1.0 2ttr 6R Yt2•C• I ElEv no I I CUv 166 ` n•O.OSCO C• C t O Y.r •.[ A L ELEv. 166 I ` I 41:•711ER >ONr —....1t EtEv 1W EGCv 162 �_ I 14-0. _.lI 6=0. I1,,�II I l -JL 5=0' •— E WOE I I ..F 10-0' SECT/O/V A -,4 RECEIVED AUG - 199E COMMUN! j \. DEVELOPMENT NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. SOUTHGATE PARK VICINITY MAP LANDSCAPE PLAN 43033' /yf IT % P OOJI. /: RIVERSIDE INTERURBAN R AC''. ! R, .C' h :' 1 mask. MX SNIT 4 MR MEN pMZ 019:1101► 7 r Lag Me WNW MILES 1 DRAINAGE EASETA IT X70'50'W 170.IT 71MVAlE o. j -143454 W,•• 1,j R.9:r(R N7.7, ).' ri ra5F os.E. 734.44' ram BA • Rom N a Ad ALA 2160- �20 VACATED tiZ 7677012 MANAGE 1 mitif4PRIvAirmA PEDESTRIAN ATV 750 DRAINAGE 1 MOT E82127r I N EASEMENT 'x' w 3 .04' / ?y 4'' \ FOSTORiA GARDEN TRACT TRACT '10 GRAPHIC SCS4L 50 13 50 100 I /N01 . e0 13' PRIVATE 0641(4 E AND SEVER EASEN097 LINE TABII 11: i 017117 t•.'3' 191 ^Ia 7E' 1/.' : :' 4• [[�.: f>:»7IF T OItt3 t; a )IlaINIF,. 8,Y''. M E • N0 &�1i N t 1 10.4 (ti.) =C• F7Yis 1791, 71 t L0 75 NOM 71 1133 Mao iiMirtavi ..W AIIIIInd 070 �y ,72 ' 1 1 79. 08, ..l%' 1a 1Z 1.La A • $1'±9 4� Pa a , • 111 1 • 1 1001 - 0- 5•427' 1.°.7ai1i4�u� 1 -149 CURVE TABLE L Olt:7;.1:i1MTE4aLL'•T 1•743.1.91 RL':LGOl.9190 s41111111L 14 OItt3 t; a )IlaINIF,. 8,Y''. 0 31•' _" -035 41h9'JS- r �Q4 tpz?9; 1I �7rQ�4Q.oQ4_'�a4,I�T' - �i���. ow% : ]0001 4lL]0' - �q 7e �0'- [[ arP- 11,73' —��_�jj'.Oo' 9.0.08, _ wt. IFS' 247 '�i }.10' 41•0'64 CO 17 r1509,. J11{r- 1T.lf� 070 �y ,72 ' 1 1 79. 08, ..l%' 1a 1Z n M +-- 1-a330 n' T-- c1•!!� 1'- `O' —iLi 11 FI7 /J0.' 7111 P uaao'— 17.7tf 0172"--714/J0.' X034'1 • 0* .3I ••,:,''_1••Y' -45 >!.. 1..aiMF sr- 1104 . 2111 �3 . . T ^- 1 r 410., 70 t..••, 10.7 Gi9�1, 7 t i r aoQ 1019 u' rr3r�x'- INK_ 914 ' - J 1840 A • • • tae C2 2 17 ..' 4235' 2210' 74A1'J9' k .t 141r- INK, m1 Iii'•i�ti'!�IP 1 e' siilli XIIMIiFS4M11111 +A- r111WIEF4f7• '. F SET vr I ' X 24' REBAR /CAP EMBOSSED R.L MCDUFTY It ASSOCIATES, INC. R.LM. 13041 W. 14469 SET CASED COND. MOLL W/BRASS DISK 14469 FOIX4D REBAR OR IRON PIPE AS DESCRIBED NAME WEGETARGN BUFFER WALK/UOUTY EASEMENT OPEN SPACE EASEMENT LOT ADDRESS FOSTERVIEW ESTATES A REPLAT OF A PORTION OF TRACT 67, RIVERSIDE INTERURBAN TRACTS AND AND A PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS IN GL. 2 AND GL. 3 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 15, T. P3 N., R. 4 E., W.M. CITY OF TUKV4ILA, KING COUNTY, WASHINGTON PROPntlr �78�0�9 e' KO.L o- *o437'tr • \/R.7300' ` 1.13341' v� 27.51' . u � Na7.40'OI'w .w 0.33:3317' 20 7, • LR•Vit79° tar e. 101, 6453' Ne4Nr40'17 • ,' TRACT B ♦ 28,297 SF SENSITIVE AREA ♦ (;} • 5' NU.L o,sE. gio 7"1 0:X0 fx l tAZia7747 11 0-7030'73' , 1.149.40' —r R.4Ia9Y 1'13• 6.220.00• 0-107 1 1.39.70' J 3' KU.L - b dim R 1.44 SOUTH 017.73 Of ROAD ' HT 020 F/ LIB T0' UTUTY (AS(YDir m Rah R.4 XcDUFFY & ASSOCIATES, INC. LAND USE CONSULTANTS ENGINEERS • SURVEYORS • PLANNERS • MANAGEMENT 2203 atm AML ItOil7 111191OXICH J 7 (422)258-44.16 Mt 021)2514N DA7E 2/7100 000 93' KMC age 6(a _218252 SIT • • MVAI( UIUTY EASENOIT 51 EAS(NENg 8 1 � • - _ 7.04' Ner40 8,3635 SF 23M /3095' NOr4811111' 41.94 19' 770' 33 war 137.73' 7. Ne7Y5'Je'w itgliasr 34 174.44 QM 27137' 1 '0.s,R 'tIn' au 2143' PRELIMINARY PLAT NO. L93 -0014 f1NAL PLAT NO. L99 -0018 S.R. 15441' 71. 2000' NNO17rjr( N8773'ar11 '7544• TRACT A SENSITIVE AREA 77.077 D' 11337' 1//7,44711 7.50' MOM NOM NO CAP M T ✓ NOTA'2Cw •O FOUND 2' TS P, K9PAM ...iii" h:':: FED J APs 30' _in Z W 6 JU 00 W W= W0 u.a =d �W HO Z I-- W U� CI I- WW L O. W Z• U= O • ~ z MITIPC J NitiaiMMOSI -•_"•:M1".rr A W Z ~ Z W m JU 00 W = V/ LL w LLQ =• d F- 1.11 z= �o w~ w O • � O H W - H LO ui z U= O~ z VICINITY' MAP LANDSCAPE PLAN_ SITE PI 1 THE SITE PI FOIN DATI01 PRESSIEHU2 2. OVERALL SI 3. ALL FOOTIN 4 STORM DRO SHALL SE 4 °RADIANT. 1 LOWEST PC THEN CONT 6. SANITARY S OUTS SHAD '~ W 6. WATER SUP WATER MET U O METER SET 7. MEWS co Q POSED A MATTM M M CO W 60162.3, J F. XA N i. ALL OTHER 0 a CONSTRUCT W : DURSIO POI PIO,PLI,P 1 EROSION CI LL Q tEOUREU,IE I ('j DEMON MN I-- W _ 10. GUT AND Fl Z� 1- O: .z I- LL 2 D: UC O D' W a 1- 1T. ~O' ..Z' U =: O F' Z • . ^%.:};.( • PLAN: 2119 GARAGE: 192' MAIN: 192 LOWER: N/A BASIC': 52000-088 TX PRCL':261100.0030 ADDRESS 4202 DRAM GRATE \ EL.19Lm5'' 19108' ENTRY WALK ADDITIONAL DRIVEWAY \ PIECE DRIVEWAY WIDTH EL. 192.4T 41:, • c 19125 ADDITIONAL DRIVEWAY PARKING \ INSTALLED 13cOQNER LANINCAPE WALL SIDEWALK CURB :- GUTTER Lot 4*3 = ExJoJt 4 FOSTERvIEUJ ESTATES 09/16/ 64,;9318 1: SOUT +KATE PARK ••• ,NN1..dN 48 us'/Pled / ••N ••N •1.•111 -10 II I' I I Y' •w, 41118 16814. ••• 8888 ....•� 15481.., 1 8.848 .04 8.110 .411 0411/, * ?ryd •.I Z �1.•i.. •1M^I�r+ rim 0404 .4 . 88.10~•.~ , l•....r y..wi•.V 1..1 w 4..• S 004.1 •14 IEC4 (431.f1•I.:rI 4 8.8.41 w• ± 8.844 5 8, • 1 6 • 7 5.01. 831 8 9 1 8.810 6411. 10 St • J / 11 I�41 • Lnl ,,,,14.:'` an 4011 1101 '7I'J rl --�� ) .4. � 8441.11. 14 K 1044/110. 2000 WI. 201415 11,54 1111. 2L2rI- I/I.N• 1831•1,•: 11,18) 14 16 !.8 {.49 1.101 844 10 �' N (140.11010 (.I. 01 I•••• 1 8.281 NN 20(41 11 '12.11.13 • /" 8.111 rift. 12 3,181 ••• 18 8.088 6411 •48(44 ; 1'44C/I 18 •• 8* r•"~• w w(- L 1•••••••41.6::::z 18 •.••• ••• ••• .. �^ ....• I•. .+.•w •Y •.. •• 1010-1 1..i Y•,I i. w•• �+h 4.....11. • • 8888 w•. • . - ••- •. Nr . �+• -�• 13.••.4• 1810 • ••.• I•A88w•.• •••••••••• •. N •�Y�4ry�w 8.041. :1�ti•.�.�w.• •• •101 ww•:X V"1•..." .: MM 0400 �\"•.w.•': .•.•i.•iw :. i• "w' 8888 •" .•.......; I • 041 w • I i I�.nM •4. • .• •� •• •M••∎ w 1•.1•••4•• N_•II 11. .18 •••• •••••I . ••■ {•h N {0004 • • I•N Iw. ■VI •• •••. •••1 ..• •.My 1814• W Y144L \4• •...•w r.•-" ••e •I. • _.. . 04-.10 •04_04. a .r•.•. w / .N. 0404 • a vu/rw 4+•.•ww•... -404 1••w••aw "��3.. ^, (.'.4 .. .N 8888. ... ....y 8888 1.81 • •.. N 8888�r •11 ✓\ ► •-I. +.041 �. •w..•• ..mow 81'11. 83 1 -17. 4- w IY Y M 88••14 ::.:w c: :7=4%414 w ��•_._••w,w . •.. ,w•w•.• 1 • w 1 Iw_4 •••• M ••••••■p • IM•••�• •w�!1141.~ Yal w •n.+V • • ••• ••., ►M 4. 113 18.8. 4•.4• t•..wNr� ►u'• M •Y M•"•e. •v + -•...M w•••• ••*411 ••I•.• .4 .4 0.41 • •ww•ti 413• •� \41.04. INN .1 i•1. • ••• ti .w. •0404 •. v1•: M • •••• •••• ••••N • ••1'•113 wN • •••••. ••• 4••• NN 51 11• VICINITY MAP ..•. GROSS 101 AREA 431.444 sill. (1 15 LC11l5) 141 101 WC: 420./01 q81. • 1.14 ...CMS - EIICLW1486 AKA 10 10. (4 DIC4lfD 10 C114 01 1111284 - 12.84.1 •qll. 1 (4 KNLS ONNI(D 8110 41 1015 104CI •4• • -Y• S 104.241 .418. (2.12 AC■15) 211E 5041.1158 1.01 IS 101 121 1 3.141 sq 11. AVEIIACf 101 Silt i 1.452 s411. 1404011101 14(1 3.1170 . ;II. SITE PLAN +f,' •- SITE 1.484 NN 24 13 4.•84 8411. 19 11.911 .411. • A. 4.118 .713. 9184 •08 • 21 4.188 .14 \ TRACT " 8" 9 r7N 1 •31 PRELIMINARY PLAT- SUODIVISIOII L93 -0014 FOSTER VIEW ESTATES DUJARDIII 1: DEVELOPMENT COMPANY 04••48.04~.~13 •••• 4888 CIIARLEI MORGAN & ASSOCIATES .�� NCINIICIS ._.....wr ;888.8.._ •....._._�.. C1 •1 • 8.111 •78 33 4.84 N 8.480 •483. • 35 4.489 .1,.. • .9 2. • 1 1.•,1 •41/ • 36 10.M.4 ION 4Q• 37 8843! 1,81 ti 3B ••004 04.4 40 0 IS �Q • I 39 21 • • 1 1 ' WATER COURSE b /1 f33 ` ••. S. 137111 ST. .. IS.. 137111,51. Z. I 8.81 .781 10 N rout Nlo 18 1, (N. 1• W••.• .1013 ..N .•'42I...1 I 1 ') I /' 1 11 I1 Z 11,;: Ir. . 11 0 V1 4141 i;: � o a/ III a IMt•142n TRACT "A" 330 141.210.17( -. T{ur NM •4278 ' • 18108 1411•1•811 WETLANDS 1 -• H I' 1 N: II I ;' WI Iy , in10rrr74%, -- 1/5 File: L 99 -0018 5mm Drawing #2 -73 JU :ca cc: .`fow . 1— • W O}}; • • LL Q` .I— W •• O` 'Zf- 'W M:01. • 0.N. iO.H;:.. ua • .:0's Z` W i File: L 99 -0018 35mm Drawing. #1 iiiilii11 ti�hiilii iil11 1iiiil.iiii1 t iii11 ii11 lt 111111 IIIIl:: PLANS SUBMITTED WITH PRD /PRELIMINARY PLAT COMPARED. WITH AS- BUILTS AND LATEST PLANS FOR HOME CONSTRUCTION Introduction During the review of the PRD /Preliminary Plat application, a number of conceptual plans were submitted and reviewed by the Planning Commission and by the City Council. One of these plans, the site plan, was approved as the preliminary plat map. Other plans were used by the City Council to formulate specific conditions that were imposed as part of the PRD /Preliminary Plat approval. During the Land Altering Permit (LAO) phase of this project, grading was performed, roadways built and utilities installed. Additionally, as the time for home construction neared, more refined home designs were developed. The applicant has now prepared "as- built" drawings of the completed infrastructure and updated the architectural plans. To help address any questions that may arise regarding how certain infrastructure has been installed pursuant to the LAO permit, how homes will be built and how that work compares with initial plans, we have organized the following plan set. These plans present various drawings that were shown to the Planning Commission and the City Council at the PRD /Preliminary Plat stage followed by the actual "as- built" drawing showing how these improvements were constructed under the LAO permit and by home plans showing how these homes will be built. Although a direct comparison of each pair of plans is not a requirement for Final Plat approval, these plans may help the City Council better understanding the Fosterview Estates Plat and its development. These plans are separated into four groups: Grading and Street Plans, Landscaping Plans, Utility Plans and Architectural Plans. The following narrative has been prepared to assist the City Council in understanding the refinements that occurred since the conceptual plans were reviewed, the PRD /Preliminary Plat approved and the infrastructure built under the approved LAO permit. Grading and Street Plan The initial grading plans submitted with the preliminary plat application were conceptual in nature, developed to show the overall layout of the lots and the streets. The details of site grading were developed during the LAO process when other engineering drawings were developed. During the LAO process it was determined that a far more gentle roadway grade on the main street through the plat, S. 137th St, could be established compared to the undulations in that roadway that were conceptualized in initial grading plans. This resulted in less movement of soils and an improved aesthetic feel for this roadway. The grades at the perimeter of the subdivision have not changed, nor has the road layout. The change in road grade resulted in the "uphill" lots to the south of the road becoming flatter. and the "downhill" lots on the north side of the road becoming steeper. None of the final lot grades exceed the maximum lot grades shown on the initial grading plans. During site grading it was also determined that preliminary plat Lot 3 should be eliminated. This was appropriate because construction of preliminary plat Lot 3 would have required construction of a retaining wall for a fire -truck turn - around compromising the aesthetics of this lot and significantly increasing its development costs. The better approach was to eliminate this lot and combine its area with preliminary plat lots 1 and 2. The proposed final plat map now shows 40 lots instead of 41 Tots with the lots renumbered. Further, Lot 12 (previously 13) is now able to access directly from S. 137th Street in lieu of accessing from the cul -de -sac. This makes a nicer feeling and more appropriate streetscape along S. 137th Street. During early grading work and roadway construction, temporary fill was placed within areas that included portions of Tots 1- 20. During more recent grading work, that temporary fill was removed, hauled off -site and replaced with structural fill, keyed and benched in accordance with the recommendations of the geotechnical consultants as imposed in the SEPA conditions. Further grading work in the area of other lots will occur during phased home construction in accordance with conditions identified in the Department of Public Works Land Altering Permit Review, 12/10/99. Landscape Plans In the PRD /Preliminary Plat applications, a landscaping plan was presented which identified areas of landscaping. During the approval process, additional landscaping needs were identified including a final watercourse buffer Y.\ NP' DUJARDIN ULLUSTR•\TION,NARR4TI \'E REVISED.DOC 0 .Inch.. •1/16 enhancement plan, native vegetation buffers along certain lots and additional trees in certain locations. The final Master Landscape Plan shows how all of these elements of landscaping have been implemented. During construction of water and sewer lines to serve the plat, it was determined that a number of existing trees that had been identified for retention had to be removed. The city approved the utility construction plans so long as the developer replaced each tree removed with two (2) new trees. These replacement trees have been installed and are also shown on the final Master Landscape Plan. Although the replacement trees are smaller in caliper than some of the trees that had to be removed, in time, the replacement trees will provide greater screening than was originally in place. While installing required landscaping adjacent to the home north of the site, the developer worked directly with that homeowner to provide supplemental landscaping beyond requirements, along the property line north of the plat. This additional landscaping provides better screening and a denser visual buffer between this home and the plat. Photographs showing the screening accomplished by this effort will be available at the hearing. Utility Plans The utilities for this plat were installed in nearly the identical location as shown in the utility plans submitted with the PRD /Preliminary Plat. The water and sewer lines were built in the easement areas as shown in the initial plans. The location of the storm water detention facility was adjusted slightly to the east. Architectural Plans Kappler Architects was hired by Dujardin:Development to produce architectural home plans that met the conditions of the approved preliminary plat. Kappler Architects reviewed the home designs provided as part of the PRD /Preliminary Plat submittal and improved upon them, better fitting today's lifestyles and buyers' needs. The basic character of this development is unchanged from that shown in the initial plans. The streetscape, with homes fronting on a tree -lined street with sidewalks remains unchanged. The open space areas have not changed, except that Tract C, east of 143rd Ave..S., will now be owned by the homeowner's association rather than dedicated to the City. The density and the size of the lots are essentially the same except for the one lot, mentioned above, which was deleted. The arrangement of homes in this neighborhood is the same as in the initial plans. The building footprints are similar and are placed on the lots the same as in the initial plans. The setbacks remain the same. We are still providing eight different home designs. The homes still contain a two -story facade at the street and some homes on downhill slopes still have a daylight basement. There - continues to be landscaping on all edges of the property. The building design contains only minor architectural changes. There have been some changes to the precise dimensions or siting of the structures. These are due to a change in the market conditions as to what homeowners want based on today's lifestyle. The neighborhood will continue to contain wood frame homes that will vary between three and four bedrooms. The following exterior characteristics are the same as the previous home designs; pitched roofs with a variety of color choices, horizontal /bevel siding and accented gables with colors in a similar light hue, exterior decks, and a two car garage. The homes still front the street. Minor changes were made to accomplish the goal of minimizing the "garage scape ". This was improved by changing the massing of the front elevation to include more horizontal roof elements, providing more detail at the front fagade, which strengthens the sense of entry at the front door. Other minor changes include a more welcoming front elevation by adding windows and trim work, thereby creating a nicer streetscape. The minor change of adding banding and siding details has created more depth to the elevations and enhanced the visual attractiveness of the residential neighborhood. rri • l .. :. I 6lllii LiliillAUlllAlllliHHO hill- IIILIIMIIIIIIIIFllllllllllllllll6llllllll6llllikadiul.11dwilil,i4lid. File: L 99- 35 ,: rnm Drawing #2-73. ► IIIh111I{1111`i1►111.1 ( 111111l I: i1II11) 1 I1111111111111 { I II1111111111)1111111.i1 i,1111i 11ii1;iIII11II *LIIIIIIIl11Il111lll► ►;.`, FUTURE GRADES FOR LOT IUILDOUT S. 13M1 ROM' 1 REVISED ORIOINAL.GRADES lifiVAL-01A29.5.9.149R LOT.BUILDOEIT eLeo Pub I .1 .1_ _ _________ - _ -- - - - - - - - ---------- - --- . -------- I L 1 1 1 i 1 117.1:11 1::111i 711;:pg Mq:11117:=f4' kla:112112-.17.?1.122 AU „,4 — --- ' I i IX m ,..070.1"!!::::::; ..! ''' /....._ .______ -------- ___ ---------- _ 1 . Re IM , _I - i --- i 9 ! I___ ___ -__- - - - - - - ---- - - - - - - - - - _ -- 1.• _ ---------------- . - ___ _ . - -1 __ _ ____ - _______ ii MI FINAL GAIDTtFp_If LOrIIU/L10tIT I.- - - - - - - - - __________ -7: ; 1 I REVISED ORIOINAL GRADES . Pt Av . • • • • • • • • . 1 2/0 201 202 IN /N /90 152 /71 /70 /SI /62 /SY /Se /JO me 102 LOT 6 SEE DETAIL BELOW 211 2/2 209 200 200 - - /N /92 Aft or /72 /11 /Se LOT 23 LOT 22 LOT 21 LOT 28 SITE SECTION FROM SHEET P1.5 LOOKING EAST S. 137TH STREET J 01 01 01 IX : AN I XI 1 /X 1.71 01 LOT 3 i LOT 4 LOT 5 4 I /a 4 III ! LOT 6 - DETAIL gift ranur„,gilhindial. FOUNDATION REVISED ORIGINAL GRADES .RNALORADM FM LOT BINLDOLIT SCALE : 1" =10' ..A111111111R1,1,E ...1:0P7,1111111hiNio.P321 LOT 31 LOT 32 Eliat 1 mew ragII11 4E7 01(0ratittittg M _____ aa t.4 1.99-0018 LOT PROPERTY LINES REVISED OlUOINAL GRADES FINAL GRADES' FOR LOT IIINLDOCIT LOT 9 LOT 10 LOT 33 0 10 20 40 SCALE : 1” =20' LOT 11 LOT 34 IN IX urr 12 171 /71 0 SITE STREETSCAPE ELEVATION FROM SHEET P1.5 LOOKING NORTH FROM S 137TH STREET J:1171717. Frrr 0 7.5 15 30 SCALE : 1 =15' 80 60 1 iT: lITIE JOEI 1 9 MU SHEET P4.0 J 1 I.:- . • no • I NIP 1861111 4. •• 1 • • CROSS SECTIONS PLANNED RESIDENTIAL DEVELOPMENT FOSTERVIEW ESTATES DUJARDIN it DEVELOPMENT COMPANY • IMAM. _. Oro I... owe MI (111) IIERICII O. TUTU AND ASSOCIATES, INC. .13 •••■■•••• Ne.011•10 MI 10 WPM I kV !Aft-cote, •1 oa de 01 JUL 7 8 10ai G44) ivi an-0 1 I Y D ..i..cii-.•:ii:Ii.. 1 • I ..1• f m g &iiii n . • . i .,.J i . . i • 4 ! • ____ jell NI • 1■••• • oia ; • • ..141111•MIIM .• Ille Undo • I. 1/11 .71474171.117•111;i1M41111. ...---ira.------ 110 661.00,11 41111011 —ranaut___ ION PARK BOUNDARY 1 1 .• • 6 • • " .(11.1.1111ill'Ii111111111111i11111.1.10.01.11)(iillffl I I 111111\11111111.11111111111111111111111111111111.111111141111111111111,11.11.1111IIIII: l 1 • . . 1; I!iIiIIIIJh •415 JUL it 8 191 PLANNED RESIDENTIAL DEVELOPMENT FOSTEILVIEW ESTATES • DUJARDIN Si DEVELOPMENT COMPANY (111.ERICI I O. l IETZE AND ASSOCIATES, INC. YYr.1r• Yr •.101 /Y.. MOW. LWcO (8 1.1, iiI►► i► I► III iiii�iliiilllLlillllLl.►► ►► ►Ill►►►i►I►linIIi►►il►►► hinIuu1uul►in i,"7"--771 Side Elevation Rear Elevation Side Elevation DUJARDIN PLAN 1568B FOSTERVIEW ESTATES Upper Floor Plan DRAWING INDEX Al. CODE NOTES SQUARE FOOTAGE AI FOUNDATION & MAIN FLOOR FRAMING MAIN FLOOR 722 1571 ssF P A3. MAIN FLOOR PLAN UPPER FLOOR 849 sP A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN : A6. UPPER ROOF FRAMING GARAGE 450 sF ' A7. ELEVATIONS & DECK /PATIO 43 sF BUILDING SECTIONS DECK / PATIO DI STANDARD DETAILS o R8:DE FACe a< 9u Es 6TAIR1 AIE D2. STANDARD DETAILS ` Et.Q i 8 A "`'"`""' "°°"s A SL LATERAL DETAILS TO I TEQU cE 1 AND LATIO . A79L' NOT ""uoE° N CALCUUT:oNe S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE TOTAL Garage Oa:pawn 11101•C OP.I.101 *AMMO 4112.101 Porch • Main Floor Plan 1- w1H - w6 eagoz _, V*: al Zo; ti w Or 8 A O sw co O a .y S C.) * cn N▪ .c CO Vcn co Cb .AB Nn: 9909721 9-ET- COVER SHEET 99082.22 Side Elevation Rear Elevation Side Elevation DUJARDIN PLAN # 2119 FOSTERVIEW Patio waoxrr Kitchen Living Garalle Main Floor Plan SQUARE FOOTAGE MAIN FLOOR _2¢iSF UPPER FLOOR 1155 SF TOTAL 2119.sF GARAGE ' 422 SF DECK / PATIO 109 SF DOIIAIR POOTAGE I$ TMAO.= TO T! CIITDIOE FACE OF IWLLE STAIRS ARE CCOITED ONCE Di CALCULATION& OPEN TO aeLau worms 4330 GAUGED AM NOT FICLIDED N CALCULATIONb DRAWING INDEX - AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DL STANDARD DETAILS D2 STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE M. Bdrm 16'6x11'6' Bdrm #2 • 11'0x122 Office wren. Upper Floor Plan TITLE 9.4MT COVER SHEET Side Elevation Rear Elevation Side Elevation Deck Kitchen Living Main Floor Plan DUJARDIN PLAN #2246 FOSTERVIEW Deck Unf. Basement 'v. Lower Floor Plan :i' ii,.i:, rILII Ii I IIII III II IIIIIIIII IIII IIII IIII IIIIILII111liIIIIIiIII I II IIi iI IIIIIIIIIIIIIiIun Illllilll l 0 IIiIInII1nllliin1Inlli1,IL11i11I!II. SQUARE FOOTAGE MAIN FLOOR 995 SF UPPER FLOOR 1251 SP UNF. BASEMENT 974 SF TOTAL 2246 SF GARAGE DECK. / PATIO 510 SF 138 SF eaJAPE POOTAOE b T•EAYIPIEO TO TIM OUTMDe PAGE O WALLS. STAIRS AXE COIMtD ONC!.N ce4.9.LATIRe orlD4 NO =wow Nouns= um wnwnloomommimmas DRAWING INDEX - AL CODE NOTES A2.1 FOUNDATION & LOWER FLOOR PLAN A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. MAIN ROOF PLAN AS. ELEVATIONS & BUILDING SECTIONS EL LOWER ELECTRICAL E2. MAIN ELECTRICAL DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Upper Floor Plan sfET COVEF SHEE1 9909022 Side Elevation Rear Elevation Side Elevation DUJARDIN PLAN #2060 FOSTERVIEW Main Floor Plan SQUARE F MAIN FLOOR UPPER FLOOR TOTAL AGE 927 SF 1133 SP 2060 SF GARAGE 523 SF DECR / PATIO 43 SF COMM P WALLS. STAINS SAE GOOSED ONCE TO tO I SPACES &NO GS■NOES APE NOT IICLUCED N C.ILWLATIONS. DRAWING INDEX AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING A5. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS EL MAIN ELECTRICAL E2. UPPER ELECTRICAL DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Upper Floor Plan • 8 855 z co 45 : NOWT SHEET COVER SHEET 99015.22 Rear Elevation Side Elevation DUJARDIN DEVELOPMENT CO. PLAN 2108 W/ OFFICE FOSTERVIEW ESTATES 'Inch Lower Floor Plan Dining 32' -q Deck Dori " r# Family ls'.rx21 ems. mamma au OWL • 0 h Main Floor Plan 6 • llijii luJinil liiilinl nlilliu l .i11► Iii( il lil. iii ii I iI Illli I iL11 IiIiiJlil illillll Illlllillnn nl ,liin ilnl.nil n ilin : SQUARE FOOTAGE MAIN FLOOR UPPER FLOOR UNF. BASEMENT 931 SF 1177 SF 906 SF TOTAL 2108 SF GARAGE 478 SF DECK ! PATIO 38 SF DOWM FOOTAGE 15 FIEASUIED TO TIM OUTSIDE FACE OF WALL& °TAMS ARE COWED ONCE N CALC.LATIONm. OPEN TO OP-Q.0 PAZ A?m GA*Apee APE DRAWING INDEX M. CODE NOTES A21 FOUNDATION & LOWER FLOOR PLAN A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Upper Floor Plan .5 ID Ail O z 2 0 a z ..m cis Eoal s C-11 * . ' • -C me °1 QIC TIRE BEET COVER SHEET MUM Side Elevation Rear Elevation Side Elevation DUJARDIN PLAN #1964A FOSTERVIEW ESTATES Garage ON•••• ESA UNE Lower Floor Plan LitISO.I.Off WIRIRMINNI OMNI Porch . Living IrrrsJIV HIm1111• 111111111 Main Floor Plan • Sl: ill IIIIIIIILI IIII IIIII1IIIIIIIII11111111111111 !1111III 11111.11 IIIII1111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIi LIIIIIIIIIIILIIIIIII1IIIIIIIIIIIIIIIn' SQUARE- FOOTAGE MAIN FLOOR _16i SF UPPER FLOOR 854 SF BASEMENT 378 SF 2096 SF TOTAL GARAGE 497 SF DECK. / PATIO 192 SF DO)LRE FOOTAGE b MEANIE= TO TIf OUTaDE FACE of WALL& DTAIRD AFE CLEWED ONCE N CALCLLATIO & 01.104 TO EELOY !PACES Ala GARAGED ARE NOT NCL DED N CALC LATION& DRAWING INDEX AL CODE NOTES A2. FOUNDATION & - MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS EL MAIN ELECTRICAL E2. UPPER ELECTRICAL DI STANDARD DETAILS D2 STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Upper Floor Plan 80 Co Zt- a 0 nt EA g IL Cb co • L U) N ' G) TREE G 1 Side Elevation Rear Elevation Side Elevation DUJARDIN PLAN #1964B FOSTERVIEW ESTATES Lower Floor Plan Main Floor Plan SQUARE FOOTAGE MAIN FLOOR 878 SF UPPER FLOOR 862 SF BASEMENT 336 SF TOTAL 2076 SF GARAGE 485 sit DECK / PATIO 117 SF MUM FOOTAGE 16 MEA*IEO TO ne OUT.IOE FACE OF WALLS. .TAI.D ARE TOO OdLLOO 1 A b A MAGIC ARE NOT NCLIam N CALCULATION&. DRAWING INDEX Al. CODE NOTES A21 FOUNDATION & LOWER FLOOR PLAN A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE ©art uwa .owt RM/\lll NOfT T. IL Upper Floor Plan § MUM z M ■■1 A ti A co 05 co a o Lej g LL 433 co .6 Vw Nr CDm 4 4C XS K1: Im6122 sl- r COVER SHEET PHASE A PHASE B PHASE KEY PHASE C PHASE D LOT # PHASE PLAN AREA LOT 1 LOT 2 LOT 3 LOT 4 1964B 1964A 2119 2246 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 B 2108 2108 2246 2108 2108 2246 2108 1568A 2 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 A 2108 2108 2108 2108 2246 3 LOT 18 LOT 19 LOT 20 C 2060 2119 2060 4 PL USES IN*LIN 1568A 3 LOT 21 "-*. 1568B LOT 22 B 1964A 6 LOT 23 196411 6 LOT 24 2060 5 LOT 25 c 2108 9 LOT 26 '2246 4 ' 2119 5 LOT 28 LOT # PHASE PLAN AREA LOT 21 2119 LOT 22 B 2060 5 . LOT 23 1568A LOT 24 1568B LOT 25 c 1568A 6 LOT 26 1568B LOT 27 1964A LOT 28 1964B LOT 29 D 1964B 7 LOT 30 1964A LOT 31 2060 LOT 32 2119 LOT 33 A 2060 8 LOT 34 2119 LOT 35 1964B LOT 36 1964A LOT 37 c 1964B 9 LOT 38 1964A LOT 39 1964E LOT 40 . D 1964A 10 CONDITIONS L CONSTRUCTION OF DID P0077NOS.POUNDATIO IN ACCORDANCE DEVELOPMENT PLAN. THE HOUSE DBVELOPM AREAS BACH AREA IS TO CORRESPONDING CON THE 7 CONSTRUCTION AREAS 3 PBR NOIN B a ROVED IT L LIE DBT01 MMENDA B 0:, TH•CITYOF THESE OBOTECHNICAL IECOMMENDATIONS AS TPE POI. EACH RESIDENCE RMITS; ON AALO 1Y IN CONSTRUCTION PHASES THESE RECOMMENDATIONS ARE TO INCLUDE SPECIFICS FOR: A TEMPORARY EXCAVATION RECOMM AREA TO ALLOW FOR THE INSTALLA POOTINCM FOUNDATIONS AND 10.001 R CONSTRUCTION AREA AND PHASE MTITOA POI SOIL STABILIT AND EROSION CONTRO DUIDIG HOMES CONTIUICTION. C GINICINICAL NMI SN"DSYROINKIN OHM D. COMMUNION MOON PAIAMSR11 ON A WT E. POI LOTS 21 THROUGH M THE UNSUITABLE SHALL BB OVER EXCAVATED DUIINO CO FOUNDATIONS, PORNOS. AND P1.4011 A11 DIEU WILL M ISCA A=ANDIDIOYAL SOIL DUMNO D3H IVAT C,O0IIFIIUC110R (MUTHH END) OPUEACH LOT WILILLL BE P1 LOT DEVILMENT OTACHIEVEAN ACCEPTAM! DP110N IS TO MORN A M N 4L P HAMMER WALL MI mom O THE CORRECTED DURING LOT DEVELOPMENT. F. 6 THE APPLICANT 13 TO INCLUDE.g AS PART OF FAMILY RESIDENCE PERMIT THESE 0 1ECOMY1NDM10N$ AS WELL AS A MIMI nom THE 7 A E ROM ION NO AND LOT FOUNDA FU LLR THBI10P.OnECBNICAL 7. DU11N0 CONSRUCTION ME 0E0TBCEN1CAL THE DIPLIMENMnoN OF THE HOUSE DIVELOPM REPORTS TO 1E SUBMITTED TO THE CITY 0P A TEMPORARY EXCAVATION OF CONSTIUCTI MITIGATION MEASURES d VERIFICATION OPPOOTINO. FOUNDATION, 1 AND FLOOR SW INSTALLATION METHODS KAMM ACCORDING 10 OIOTECHNICAI. _ -- C. YBRJTIGTION OP MCI PILL AND RQAIAIMN A IN ADJACENT HOME DEVELOPMENT COMM ACCORDING TO OBOTECENI AL RECOMMENDS HOME PLAN MATRIX & SCHEDULEI (SEE SHEET C.1 FOR STREET ADDRESS OF EACH LOTS) Lqqooi a , / / / / / / / / // , , , / , / , / , / , / , / , .../i/ , / ,/ , , ./ , / , / , ,(;/,,, ,l • I rl IS ILAAN.. FIFI LA AND THE OPATECHNICAL ENGINEER H TO PROVIDE CkITIFICAIiON ON A LOT IT BAT EARLS THAT THE WOII HAS ISBN ACCOMPLISHED Di ACCOIDANCB WITH 7HEIR OEOTECHNICAL IECOMMENDATIq$t V — ✓VVv , V' ,. v. v ;v , V V V V V VVVVV V V V V .VVV" :: Z ' V v v %VVVV'•V V \'VV V V V V V •. v VVVVV V VVVV , ; V V V V V' V V V V V V \V V Vr r v,-r. 1, TRACT "A" PVC/ 100 1 / OME( EVELO.P 1 MENT PLAN/ 1 TRACT "B" 0 Inch :: • :1/16 SIs Y[l l Gl 1 [' ..._. C`- Si Ii1111nI Ili1. 11111111111111 1nIII'1111111111111111111itil IIIIIIII11111111111111111 .111111111,111111111 l o IIi111n1I1u11ulil ulhlJl 111illln , KEY PLAN 0 2Q 40 80 E:1' =40' 160 ARCHITECTUAL SITE PLAN FOSTERVIEW PLAT TITLE JOB NO : 9901321 SHEET P1.0 J SOUTHGATE PARK GRADING AND STREET PLAN PER CIVIL FINAL GRADING PLAN SHEET CO3.1 FOSTERVIEW PLAT TITLE JOB NO 9* 3 SHEET P1.5 EDGE .OF .WATER COURS BUFFER PROPERTY'UNE EROSION' •CONTROLS \NOTES:, 1:..0,01 L"O'W STANDARDS`•THAT AR E $,NCO"RPO:RATED INTO THE ;LAO': AO: PERM'IT'S' \ILL •EF•.ECT \FOR• TIE • PLAT. , IS3'tNG:'SILT :FENCE \ VIA :IN ITS CURIRENT .LATIOIaL .. .1 3..DO• I 'OT ;1 1'S`' O'ARh A ON' TRACT '4I-PE F• sILJ . FENCE t 4. REVEL •TATE • APPROVE I' : WETL. AND - ;MIT GAT!ON PLAN ,/ 1 • 4 ■r' 1 / + -1 \ 1. ,,_/ / j/1 1 / r J, EDGE OF COURSE / WATER 1 1 / \ \\ . •I • _ _ _ •. ' \ \ \ \\ \\ \ 1\ \ \ \ \ \\ Aese Dien have been mmewed by the thtla \ \ •\ \ \ \ '\ \ \ \ Works Department for conformance with current \ \ \ \ City standards. Acceptance Is sub): •• - -•s and \ \tins:.':-: • .1!. l do not suthod.: . of \ ,. \. \ `, \ \ Iou.•• . ::::. :dal theddesignnrev. ' .. .a 1. '•. \ . .ed . 3, deletions or 1 .' :. ' ..la . date ■•M vc. •, . ...ice • \ \ for ••..... . •:;pravat.' \ C \ \ /, •\ final :_ is aubleet t: .'.r Ion by `\ \ \ 1 ` q»t P „o utilities Inspa:..r 1 t ow: 8y: 1' \ \ I t \ \ \ \ 1 • \ \ 11 1` , 1I •1\ T )//:r> ' 1 r f /' ‘ I i •11 I► i 1 i ' r • ;F'Rd)PERJ- - Y LO.- ;?74 CT /8L2 Y)1 1 1 i 1 , / 1 1 • / '\ J' /SHADED AREA REPRESENTS FILL TO BE REMOVED. THE GRADE LEVEL IN THE BUFFER WILL BE RETURNED TO REVISED ORIGINAL GRADE & REVEGETATED. SEE 'gHETT P2.7 FOR WALL LOCATION. /1 r / 1 ) • \'\ 1 \ \ I • \ I 1! \\\\\, \ \1 1 1 II tit, \ — UT' L4`TY ES \M\ . FROM R.OV, \__•• l+. /r 7 4 1 1. 1 J. 5'_ •EDGE OF W.A. ER CO,LtRSE BUFF R 2' F,. OM - R1'O.W; 1 - 1 1 /_ J. V, • \ Attachment B 40' 10 II i 1 V l is l 00.1i111 TrIrrrfrt , V1 e, L 1 `0 IIIIIIIII IIIIIIIII IIIIIiIII I1111) 11111111111111111 .111IIIIIIIII1II111. \' IIII IIIIIIIIIlIIIIfI !UI1I)IhII)IIIIdIIIIIIIII . GRADING AND STREET PLAN L FOSTERVIEW ESTATES, TUKWILA WA SUPPORTING PLANS FOR DEMONSTRATING CONFORMANCE & COMPLIANCE WITH PRELIMINARY PLAT APPROVAL CORRECTIONS 02/02/2000 OWNER / DEVELOPER DEVELOPER - DUJARDIN DEVELOPMENT COMPANY 9823 - 32ND 8T. SE EVERETT WA. 98026 425- 743 -6140 CONTACT - BILL FOWLER CONSULTANTS CIVIL - ERIC TIETZE & ASSOC. 18530 76TH AVE W. SUITE B EDMONDS WA 98026 425 -771 -8212 FAX 426 - 775 -0236 CONTACT - ERIC TIETZE ARCHITECT - KAPPLER ARCHITECTS 14311 SE 16th St. BELLEVUE WA 98007 425 -841 -5320 FAX 425- 641 -5318 CONTACT - JOHN KAPPLER SURVEY - B.L McDUFFY 3605 COLBEY AVE EVERETT WA 98021 425 - 268-4438 CONTACT - BUD CONDREY STRUCTURAL - JAMIESON CONSULTING 901 KIRKLAND AVE STE 8-1 KIRKLAND WA 98033 • 425 - 803 -2581 FAX 426 - 803 -3289 CONTACT - DOUG JAMIESON LANDSCAPE - AU 12119 104TH AVE N.E. KIRKLAND WA 98034 425 -823 -9400 CONTACT - JORGE ANGULO L99 -001$ SHEET INDEX GRADING AND STREET PLAN P15 GRADING AND STREET PLAN P40 - P4.6 SITE CROSS SECTIONS LANDSCAPING PLANS L1 Lit L12 Lt3 Lt4 Lt6 Lte L2D - L19 LANDSCAPING PHASING PLAN COMBINED MASTER LANDSCAPING PLAN PREUMINARY PLAT LANDSCAPE PLAN WETLAND BUFFER PLAN TREE REPLACEMENT PLAN PLANT LEGEND LANDSCAPE DETAILS LANDSCAPE DETAILED PUNS UTILITY PLANS C-1 UTILITY PLAN ARCHITECTURAL PLANS PLO MASTER HOME DEVELOPMENT PLAN w i .11 111111Illlljllll{ I' illlill lluliOIIII, i ilillilllllJ. lllllll lJIIIIIIIIiIIIIIIIIIIIIiIIIIIlII111I lllllllll iliii)1 III I)1.1111 I' 11 llit co c) v CL: ccia. rn " yam cLL v ° (13 : w 4wcD `cam CC`j• CO TITLF oe c sect S-EEET COVER SHEET 1 1 71411 *ea ,41M/ff f .44,100 1.101011111114011 Ooott. f4o1O1V1 Ate ;La Aatua SOUTHGATE PARK ,:r WINN omen • ,/ Isi X W 611141 1 MOWS ONOMMI IIdT la? .r,flOWlef Age / I , Otralai --PARK BOUNDARY IMO 0 UAW., IANNOrt SI i'ff MgL 01•110611 10 'ULNA. 7.4.7f11.1..1” I / N.41 ..1. L..... a 4 x ) . . ... _ ...----m.cour. I cloll.tr WE Awitt• frIPPla ILA \ 1 Ir OM. 11410o 1 ..INNN 10.... • .•\ ,-1. • I • ---;,-1° f 111,—; Ames vent 111 1 ..At..-Aries e r V .-1111•1010.9 all tat 'NW ww.— - • 104100001 LO S 0.• 4. ;At OVO111-• 01 Mt Of KY UM/ We Aff$.411 OWA.Z.Ott I 411161.41, rIrl•t NIP DATUM 1 lorellem sea. Iwo. nee, le the 141 Pus 54mr (*eke prof ore Mood WI Meet. .001 Invell Newnan el leo saletare selee elennele 10• niece. eppreelnyee10 1361.1 HO 01 the ...mum el Ore aernue SeuUl Sawn MI6 fleml tio, Of0a1JOINA rAvenforf),,,,,,,, UAL yZT :t Uas AKek;■44 -- r Off MOM Al !Vie AU. PUY AMMON f0 MIL figs WIPt111 Of PAM Of YAM No 1 Mt Of OP frficAt. DRIVEWAY off11 • nett& 11(1,40%..n_ I ty iY•9.6 /HOLT fAttfOOlf Arita DETAIL A-A NAIL •••■7 4 1.• • V" \ fttrOal Ur.1--••• wIff/•••••• Clotote'n"--> 6• Poff U I'M fNtNNAIN — al Ittattrilfff Of MIA MAP oi AS:ot• DETAIL D-D 0614 •.• " /:• • ••• „,60 r. ; 10111 L.— • I — —. T .1- • • - Mt, •MOO fol: iontti 1 • •tt,t,tal r (WY Oryllitet) DETAIL C.0 GRADING & STREET PLAN P.R.D. / PRELIMINARY PLAT / SUBDIVISION FOSTERVIEW ESTATES DUJARDIN :1 DEVELOPMENT COMPANY • !ERICH O. TIETZE AND ASSOCIATES, INC. It' 14041 . • 111.11-160 It fitt .uArs lit " ••• ANNA 1 U4.1.• IT Xi 60 !JOAO IlfuLIAN Pftlf1•01 011— OW Ufa , GINO Anla vtretzree ree ITT 01,4411 ri .01 &bit! 'MT • Of • ILA, to, M - WM! Kan \\, 13711 T th S OP MC Vow WvtifM OM. Dr— MI, ;11O 15. Of Of 114t tit IV JOU oftiol Lqq-cx)18 I" H. I • 1 •01 t • • I , • ' 1 ' t I -.4. . 6 0 Inch 1/16 . 4 . 5 :Oif. Of Of 03:21 _441 =1 INTIM ;au. 1 01.621/ X 2 /: PUiVRE GRADES POR LOT IUILDOUT.. CO CO 03 S Drill STREET 1 REVISED ORIGINAL GRADES REVUnD ORIGINAL GRADES ... .. . FINAL OZE4D & R LOTIU /LAO!? LOT 6 SEE DETAIL BELOW 1/1 212 1a LOT 23 LOT 22 LOT 21 LOT 28 SITE SECTION FROM SHEET P1.5 LOOKING EAST alr -- --- ------- 7 - -4777. - 77 - 7 - --- 7 - PI .ar I2 IN m NI M' a A7 NI ARl b - _ 31 LOT 32 LOT 33 LOT 34 LP 1--- --- .. mm S. 137TH STREET LOT 6 - DETAIL POUNDATION REVISED ORIOINAL GRADES FINAL GRADAE0 FO1 LOTM/ILDODT SCALE : 1" =10' g_ ti- 1- Y eS:i...,. .f:.•: __. 7777 '1 { .IIli.11l- y.- ...u.!- 1 J 1.-•i :: i I;" : E___ ' - : { Ib M1nmuu. e:■5 ii . - i= i l a1: U•tt4t iltpl:ipgg1Ifill 0..11: iyiq Jtut "Tii i ailifatS't!l IuYnn.nunn:nnnup 1} il. i II uu-■ i I l;I , 8 E ID IIIIY_; uu wj ni 0 10 20 40 SCALE : 1' =20' 1 LOT 3 I LOT 4 LOT S LOT 9 PROPERTY UNES REVISED ORIGINAL GRADES FINAL ORAM'/R7R LOTBI/ILDOUT pjl4L Stl.tOiulS !#4!li1 -J i i MEI IN IN LOT 10 I LOT 11 : LOT 12 IN I 1 i 1 NI I 1 I p O PI 0 SITE STREETSCAPE ELEVATION FROM SHEET P1.5 LOOKING NORTH FROM S 137TH STREET 'I► r 1 I" III Ijll IIIII11111111111 III1 I .rll IIIII ICI 1111' II IIII UIIIIIII ILII IIII iII' ILIIIIIIIII ,IIIIIIIIIIIII,IIIIIIILI)It _ 0 7.5 15 IL? 30 SCALE : 1' =15' IN m Av NI 80 60 1 1 1 4 1 co C7 v ''^^ v, N.. (D co vr QS' ° x cO . -10 c 3 cn rg W m 4 .we 1G: 9ee9 SHEET P4.0 FUTURE CONTOURS SEE ELEVATION I / AU PINV LOT 39 2.5 .1 SLOPE FOUNDATION REVISED FINAL GIUDES PPR LOT SUILD017 SITE SECTION FROM SHEET P1.5 LOOKING EAST PROPERTY LINE PROPERTY LINE LOT 39 PROPERTY LINE LOT 31 REVISED O11.)01NAL ORADIS #7NAL GRADE! NM LOT •UILDOUT LOT 37 LOT 36 PROPERTY LINE Of 0 5 10 20 SCALE : 1' =10' LOT 33 SITE STREETSCAPE ELEVATION FROM SHEET P1.5 LOOKING SOUTH FROM S.137TH ST. 0 5 10 L't'i- i8 5 Ijll11111ililililll uuliill llllliiil llli> liiillllllLli lllllllfi illllllil lllililn 1' J 1 IIIIIiIIIllllilllll llillflllllill .IIIIIIIIIIIII,flllllllllll _ 20 SCALE : 1' =10' IN /10 NI 40 P1 AV NI -210. IN P2 AN ar 40 9 co w ra CO _ St° Z. ; CV* w C 17 Y IMF 9-EET P4.1 42nd AVE REVISED ORIGINAL GRADES LOT 2 FINAL (MADLY FOR LOT BUILDOUT. 0 SITE SECTION FROM SHEET P1.5 LOOKING EAST SOUTH SCALE : 1" =10' CURD AT CULDERSAC REVISED ORIOINAL'GRADES .. ... .. FOUNDATION. PATH S PENCE NBIVLT PLANTED HBDOB 14 LOT 16 LOT l7 SITE SECTION FROM SHEET P1.5 LOOKING EAST SCALE : 1" =20' Joe NO.: 980n SHEET P4.2 137TH STREET 1 L 137TR STREET ., SIDEWALK SIDEWALK FOUNDATION LOT 11 SIDEWALK REVISED ORIGINAL GRADES FINAL GRAM IVR LOT 1111/10007 /N 114 SITE. SECTION. FROM SHEET P13 LOOKING SOUTHEAST - - -I LOT 7 REVISED ORIGINAL GRADES SITE SECTION FROM SHEET P1.5 LOOKING EAST SCALE : 1' =10' SCALE : 1" =10' ARCHITECTURAL PLAN JOE ND: MOO DETAIL PLAN SHEET P4.3 I3TTH STREET CUL•DiT SAC SIDEWALK FOUNDATION LOT 16 REVISED ORIGINAL GRADES FINAL ORADAT FOR LOT BUILBOUT 10 SITE SECTION FROM SHEET P1.5 LOOKING SOUTHEAST SIDEWALK & I37TH STREET CUL DE' SAC FOUNDATION LOT 18 REVISED ORIGINAL GRADES 0 5 10 20 SCALE : 1' =10' FINAL CMADB, IV.R LOT IIIMBOOT ® SITE SECTION FROM SHEET P1.5 LOOKING SOUTH SCALE : 1" =10' FOSTERVIEW PLAT TIRE JOB NO 980t3 DETAIL PLAN SHEET P4.4 POUNDATION IN LOT #26 I:OT #?J j y IN - i INTERSECTION OF S 137TH STREET] ! AV REVISED ORIGINAL ORADEf .. .. ANDS 137TH PLACE ... I FINAL SITE SECTION FROM SHEET P1.5 LOOKING NORTH SCALE : 1' =15' 42ND AVENUE SIDEWALK FOUNDATION _ LOT #31 REVISED ORIGINAL GRADES FINAL OZ4DI£S MR LOTOU /L17011T O SITE SECTION FROM SHEET P1.5 LOOKING NORTH ”. II))) 111,0. 1I111011.i1 o 11111111I HOW iIiiiill11i11iiilil1j {1i1iI111)16ijlii 1111111.1111i11111111: L. 60 - -240 2V 21, 2N 217 W 24 m, xv IN a 24w Av 0 5 10 20 SCALE : 1" =10' rn PI 40 FOSTERVIEW PLAT TTTLE Joe NO.: 98013 DETAIL PLAN SHEET P4.5 LOT 39 s. 132nd STREET SITE SECTION FROM SHEET P1.5 LOOKING EAST REVISED ORIGINAL GRADES FINAL GRADES FOR LOT SCALE : 1" =10' FOSTERVIEW PLAT TITLE JOG : 98013 DETAIL PLAN LANDSCAPING PLANS LANDSCAPE AREA DESIGNATION K PRELIMINARY PLAT APPROVAL LANDSCAPING AREAS SEE SHEET L12 PHASE 1 COMPLETE PHASE 2 • BON DED"HOME CONSTRUC ON) WETLAND BUFFER ENHANCEMENT LANDSCAPING AREA SEE SHEET L13 PHASE 1 COMPLETE • T TREE REPLACEMENT PLAN AREAS SEE SHEET L1.4 PHASE 1 COMPLETE AREA OF NO DISTURBANCE L'WWI& • (Off Or &NNW COUPS, R/fA LANDSCAPING PHASING PLAN FzcTw_c;_I_____ 60 Sll 1' LI 61•1 — k[Jf b 1 ... f ac 111111!IIi iiiilliii1uillii111111il111111 i! iiiiiinlli i iil IliilliilullliliiIIIIIIiIIIiIIIIIIIIlinllninilllln1ilnlnu1iniliui1ii1il .i111l Ar z 4t V z a z CO U ;$N Cu CO O1'< . IL a, py-C mN a U Z3 gii • 1 TIRE JOB NO.: 9800 AREA PLAN SHEET L1.0 J SOUTHGATE PARK MW nveS1 Tr 1f1 111912 Crag: 40032- M luta- eV /ACM ar /M • l3f lP /J• A' Il MAYS ASA MC 00 NO AIOIA/Y O+I ' k /MN AI M AAUP Or MAWS MPS V NICCl/ID I! I acme DC MCA 9020V .0 4009 APC JO 30€300,03 RAMS ASV PCttFS! Or M]IM AISOCIA' calm M M[ PPG AOrJRD Isl r'ice i rur taw L2 fais 1 EET KEY an. NOTE: EXISTING TREES ARE NOT SHOWN FOR CLARITY. SEE SHEET L1.5 FOR PLANT LEGEND Lqq. ODIB MI AOY AMR Ipil1 i1 Th III , e:`Ia .... (ciIlr.. - f5•_: !WIM! PRELIMINARY PLAT LANDSCAPE PLAN SHEET L12 WETLAND BUFFER PLAN SHEET Ll3 TREE REPLACEMENT PLAN SHEET LI.4 COMBINED MASTER LANDSCAPING PLAN P • PLAN . Pe 20 60 H0 • ;.t ,JI ; '1 `"t7; ; S z 1 1Ii liiil{ inilnli{ ullllin{ 111i11in{ ilu)ii1.11ail1l1iii1u1iliili {IIIIIii►I1Illllllu1lull11il{ ►lilllll {lllll1III 1Ji1n11{i1111 1,1111 Jitu111.:`t S 1J7111 S71PL Lr7 Mite ROT Q "-IA We 10e ALI alt» 101S IS 0, 101,5' LOW Mr A•rs•/SW IV" LANDSCAPE PLAN FOSTERVIEW PLAT TIRE .0E1 .n 90213 MASTER PLAN SHEET L1.1 SOUTHGATE PARK AIPAIiA,f lft Orel AQOS R•MrAC •SO'K FE., WACO, Or MAX re LAWN MA Cer01,24 ., V MSS LAWN ar rARr IA r.// s' AM JAMES, OF.WrM /MCPT/1' " A14 AcirIor ? MAwT WS AmI AG01x,vw Ar A eraser "wore re ef Arc. gram Awe AT R AP AfGtSr Or AWN FlIISLrir OwR K of AAU nOGtlm SEE SHEET L13 FOR PLANT LEGEND L91 -Ca8 r,•MIml. ltafOCpr AVJD► PRELIMINARY PLAT LANDSCAPE PLAN k14 r•Ac. f R t y 'fit i i ctA a L i 0., iliil1li1I 1111. 1111, 111111111.I1i111111I liii.!ilill lith 11,11IIIl111. 111111111, 111111111, 111111111. 1111111111iii11li1iiiii .lilii{lti►lliii1iiiili0i1 S 137A/ STR((T 1-1/2-1 MN *MX StOPC arAll0E OD(U lots 6to LANDSCAPE PLAN FOSTERVIEW PLAT _ro fA v CO co rr n U ;$N Q) Cr) m x T O LL w.. N aE co E0 al raG , N • L Oo UTLE .IOB h0' 9COZ MASIbR PLAN 9-EET L1.2 T SOUTHGATE PARK SEE SHEET L1.5 FOR PLANT LEGEND 041- 0019 L WETLAND BUFFER PLAN, ►► Thin). 1. 110i ► 1iiiii0iil►► Iil 11► i ► 1Uli► ii m11 11i i1il►► iui► I ► i► il►►►► I► whin nii.Itiu ill' w.10,9.1 S UM/ sharer MAK -,, L YUYACMtA 6 ORITII JS62R FOSTERVIEW PLAT TITLE JOB N0.: 9800 MASTER PLAN SHEET L1.3 r SOUTHGATE PARK 440144404r 11114 an. - miaow tar - n'.........: TRACT "B" SEE SHEET L1.5 FOR PLANT LEGEND L u'rwr wwafrtwr - n► A cro, TRACT "A" —x— NX'A2S PoWANOI J* MGM Sall' RAJ !I CE TREE REPLACEMENT PLAN eorr.rr Iliilliii 6111 nilllln11111 niil II whin .f WJn?i sm rrr ✓ I/2.1 411,4 SUM FOP AAU 'a OW LOIS 6l.R Ar, '1 z a •V z FOSTERVIEW PLAT mLE JOB NO.: 98013 MASTER PLAN SHEET L1.4 1 L L WETLAND BUFFER TREE REPLACEMENT PLAN PER APPROVAL DATED 11.2.99 IAq-ooi4 P EGEND PA_M_E DED PER COUNCIL NOTES DATED S 9/94 AND PLAN SYMBOL PHASE 1 PHASE 2 TOT. BOTANICAL NAME COMMON NAME SIZE CONDITION 12 TREES , o' 0 0 3 111 ACER RUBRUM "RED SUNSET" "RED SUNSET" MAPLE 2.5" CONTAIN R I ON LOTS 3,9,11 " 12 0 12 THUJA PLICATA WESTERN RED CEDAR 4•_5• B&B OR CONTAINER to M -w iro 61.2°3 ow a< Ili: ''/ ;. 11 = ® 1 Midi= 0 0 6 2 33 LIQUIDAMBAR STYRACIFLUA TSUGA HETEROPHYLLA SWEET GUM 2.5" IAq-ooi4 P EGEND PA_M_E DED PER COUNCIL NOTES DATED S 9/94 AND • NOTE: COORDINATE FOR PHASE 1 & 2 PLANTINGS PER SHEET L1.0 COUNT PER SHEET 11.5 PREVAILS OVER QUANTITIES SHOWN GRAPHICALLY ON DWG. TR , EPLACEMENT PLAN PER LETTER DATED 8.1798AMENDED PLAN SYMBOL , us 'maul PHASE PHASE BOTANICAL NAME COMMON NAME SIZE CONDITION REMARKS , o' 0 0 3 111 ACER RUBRUM "RED SUNSET" "RED SUNSET" MAPLE 2.5" CONTAIN R I ON LOTS 3,9,11 " 1 PSEUDOTSUGA MENZIESII DOUGLAS RR 10'_12' B CBTAI R ` ON LOT 10 AI-pa ' ON LOTS 4,10 S ' ON LOTS 9,10 = oLa Lam— MOSTLY TOP GROWTH to M -w iro 61.2°3 ow a< Ili: ''/ ;. 11 = ® 1 Midi= 0 0 6 2 33 LIQUIDAMBAR STYRACIFLUA TSUGA HETEROPHYLLA SWEET GUM 2.5" B &B CR ; 53 3 r $ l WESTERN HEMLOCK 1 CiNT ACER CIRCINATUM ACER RUBRUM "RED SUNSET" VINE MAPLE "RED SUNSET" RED MAPLI 8' -10'' ' , CONTAINER B &B OR _• MI MIME/ 9 0 ofi THUJA PLICATA WESTERN RED CEDAR 8' -10' B &B OR WETLANDS BUFFER 110. I. 0 19 I CRATAEGUS LAVALLEI CARRIERE HAWTHORNE ' B &B OR ■tea © i 0 Ma LIQUIDAMBAR STYRAGIFLUA SWEET GUM 2,0" B &B OR STRONG GROWING LEADER 1 0 0 100 TSUGA HETEROHYLLA WESTERN HEMLOCK , 8'-10' CONTAINER GROUPS OF 4 WITH VINE MAPLE 2 III ( ' 12 Is PSEUDOTSUGA MENZIESII DOUGLAS FIR , 8 10' B&NTAINFR a- 1• ` , _ I DDED PER COUNCIL oti (5' 0 c.)' 0 PERMADALIS EVERGREEN ARBORITAE 6' -8' CONTAIN R TEM 12 P7 COUNCIL REPORT COO PRO COU ? THUJA PLICATA WESTERN RED CEDAR 8' -10' CONTAINER TEM 10A P6 COUNCIL REPORT ACER RUBRUM "RED SUNSET" "RED SUNSET" MAPLE 2.5" B &B OR CONTAINER TEM 14 P7 COUNCIL REPORT (APRIL 25 1994 PACKET) TEM 11A P6 COUNCIL REPORT LSHRUBS ` 29 0 _' — CORNUS STOLONIFERA RED OSIER DOGWOOD 2 GAL. B &B OR • WETLANDS BUFFER „_ 000 3 PLANTS 0 104 .1 104 .PRUNUS L.. "OTTO LUYKEN" OTTO.LUYKEN LAUREL 2 GAL. CONTAINER - 0 ' 0 108 108 RHODODENDRON UNIQUE RHODODENDRON UNIQUE 15 " -18" B&B OR ER 0 0 32 ' 32 SYRINGA VULGARIS COMMON LILAC 5 GAL B &B OR CONTAINER 000 3 PLANTS , 12 194 / 206 VIBURNUM TINUS LAURESTINUS 2 GAL B&B TO GROUND COVER , I VERT. HATCH MIA 0 207 2075 HEDERA H. "BALTICA" BALTIC IVY 4" POTS B &B OR CONTAINER SPACE AT 30" O.C. THRUOUT AREAS SHOWN HORZ. HATCI ■ 0 390' 3900 HYPERICUM CALYCINUM ST. JOHNSWORT 2" POTS CON AI CONTAINER SPACE T R O.C. THRUOUT AREAS SHOWN •''•• L DWG DW' DWG HYDROSEEDED LAWN AREAS • NOTE: COORDINATE FOR PHASE 1 & 2 PLANTINGS PER SHEET L1.0 COUNT PER SHEET 11.5 PREVAILS OVER QUANTITIES SHOWN GRAPHICALLY ON DWG. TR , EPLACEMENT PLAN PER LETTER DATED 8.1798AMENDED WETLAND MITIGATION PLANT SCHEDULE SYMBOL Df SCIENTIFIC NAME THUJA PLICATA COMM WEST PSEUDOTSUGA MENZIESII ACER CIRCINATUM willow dogwood CORNUS STOLONIFERA NTS VIDEO AS RTESY PER TERRA ASSOCIATES APPROVED DRAWING DATED- 3/13/96 •NOTE: WILLOW AND DOGWOOD COMMON NAME SHOULD BE PLANTED 3' TO 4' J 1 GAL + • ON CENTER WITHIN GROUPS WESTERN RED "CEDAR" AS SHOWN. •WILLOW SLIPS SHOULD BE MIN. LAS FIR 4FT. IN LENGTH AND HAVE A MAPLE MIN. DIA. OF 1/2" AT THE BASE. SLIPS SHOULD BE OSIER "DOGWOOD" PLANTED W/ MIN. 12" COVERED DOUG VINE RED SIZE 3' -4' 3' -4, 4' -6' 3'-4' QUANTITY 33 11 10 144 SALIX WILLOW SLIPS 80 .NOTE: EXISTING TREES FROM MITIGATION PLAN NOT SHOWN ON THIS DRAWING t • t t t t i t; Z S ' • t, t IIIilIIlllllllllllllllll lilllllillllll1llll illl ) 1. LI1li. IIIIII111lllllllilllllllll. illlllllll1lllllllll1llll1llll1IIII 11111 .1"IIIIIIIII )LIIIIIIL1II111 • IN THE SOIL. SLIPS MAY BE COLLECTED FROM SITE TO SUPPLEMENT NURSERY STOCK. 1 z a a U A 4t U r= 1 CIS • Cra LN IC 7; pit • - 4 ROL ✓ w CO c▪ b CO TITLE JOB NG SHEET L1.5 J PLAN SYMBOL PHASE PHASE TOY_ BOTANICAL NAME COMMON NAME SIZE CONDITION REMARKS 146 TREES •• 80 0 80 ACER MACROPHYLLUM BIG LEAF MAPLE 6' -8' 5 GAL 35 0 35 ALNUS RUBRD RED ALDER 6' -8' 5 GAL 33 0 33 THUJA PLICATA WESTERN RED CEDAR 4' -5' B&B OR CONTAINER SHUBS ® 25 0 25 ACER CIRCINATUM VINE MAPLE 4' -6' UNDERSTORY Q (GROUPS OF3 99 0 99 VACINIUM OVATUM EVERGREEN HUCKLEBERRY 1 GAL GROUPS OF 3 WITH CEDAR za ,3V ')o GROUPS OF4 100 0 100 GAUTHERIO SHALLON SALAL GROUPS OF 4 WITH VINE MAPLE WETLAND MITIGATION PLANT SCHEDULE SYMBOL Df SCIENTIFIC NAME THUJA PLICATA COMM WEST PSEUDOTSUGA MENZIESII ACER CIRCINATUM willow dogwood CORNUS STOLONIFERA NTS VIDEO AS RTESY PER TERRA ASSOCIATES APPROVED DRAWING DATED- 3/13/96 •NOTE: WILLOW AND DOGWOOD COMMON NAME SHOULD BE PLANTED 3' TO 4' J 1 GAL + • ON CENTER WITHIN GROUPS WESTERN RED "CEDAR" AS SHOWN. •WILLOW SLIPS SHOULD BE MIN. LAS FIR 4FT. IN LENGTH AND HAVE A MAPLE MIN. DIA. OF 1/2" AT THE BASE. SLIPS SHOULD BE OSIER "DOGWOOD" PLANTED W/ MIN. 12" COVERED DOUG VINE RED SIZE 3' -4' 3' -4, 4' -6' 3'-4' QUANTITY 33 11 10 144 SALIX WILLOW SLIPS 80 .NOTE: EXISTING TREES FROM MITIGATION PLAN NOT SHOWN ON THIS DRAWING t • t t t t i t; Z S ' • t, t IIIilIIlllllllllllllllll lilllllillllll1llll illl ) 1. LI1li. IIIIII111lllllllilllllllll. illlllllll1lllllllll1llll1llll1IIII 11111 .1"IIIIIIIII )LIIIIIIL1II111 • IN THE SOIL. SLIPS MAY BE COLLECTED FROM SITE TO SUPPLEMENT NURSERY STOCK. 1 z a a U A 4t U r= 1 CIS • Cra LN IC 7; pit • - 4 ROL ✓ w CO c▪ b CO TITLE JOB NG SHEET L1.5 J SET PLANT MATERIAL AT ORIGINAL DEPTH, CUT ALL TIES AND FOLD BACK BURLAP FROM UPPER 1 3 OF ROOT BALL. / REMOVE ALL PLASTIC AND TWINE. REMOVE AS J \ _ MUCH OF WIRE BASKET ` AS POSSIBLE. SPECIFIED PLANTING SOIL' MIX AND FERTILIZER \ GRADE -- \ \\ COMPACTED MOUND OF PLANTING SOIL MIX TO - • J 12 IN. MIN. OF 4 TO 6 IN. QUARRY SPALLS SLOPE TO GRADE ctP - - PROVIDE SWALE, GRADE TO i -' dtl"r.-"- DRAIN TO APPROVED SYSTEM Al n R[- - *"' ' '- 1- a _ x cn♦i 2-0•t,b IIi,• 01' 6 IN. TOPSOIL OR GRAVEL. 1 4 6D -o °O eo, o Oita_ e:E eoi =1 4" ADS PERFORATED LINE 00.. 3 IN 12" WASHED ROCK I," - -.ramp._ •o;,r 11E OUTLET TO APPROVED • I` ° 1 :u?,r DISCHARGE SLOPE GREATER OF 1/2 BASE COURSE OR 1 FT. 1. CALL FOR CITY CLEAR AND GRADE INSPECTION PRIOR TO BASE COURSE BEING PLACED (FOR VERIFICATION OF ROCKERY HEIGHT, FOUNDATION MATERIAL AND ROCK SIZE). 2. BACKFILL QUARRY SPALLS SHOULD BE PLACED DIRECTLY FROM TRUCK OR OTHER SUITABLE CONTAINER IN ORDER TO MAINTAIN CLEAN BACKFILL. 3. INSPECTION AND APPROVAL OF SUBGRADE, BASE COURSE AND DRAINAGE, GEOGRID PLACEMENT, FILL, AND FINISHED ROCKERY BY GEOTECHNICAL ENGINEER IS REQUIRED • 0 ROCKERY DETAIL m \ . SUPPORT TREE WHILE BACKFILLING. 1- 11 =11= • .1 =11 =11 FOSTERVIEW PLAT THIS DRAWING B © COPYRGHTED AND S THE EXCLU9NE PROPERTY OF THE ARCHITECT • 1 =11 =11 • • • • • •;,11111111111 - z II- 11 =11' • • • myR • • =11 -,.= = 11= 11 =11„ \ 1 ar /• . ,i = - 11=11 1 m0T= 11 -11= - !!- 11= 11 =•.. 1- II- 11- 11- 11"11"11"11- =11 =11 =11 =11 =11 =11= -II II- II- II- II ,1= X11 =11 =11 SCARIFY SIDES AT =1 =11 =11 BOTTOM OF 11. :11= II =11 =1 =11- PLANTING PIT. -II =' EXISTING SUBGRAOE 9" MIN NOTES: 1. DO NOT ALLOW AIR POCKETS TO FORM WHEN BACKFILLING 2. DO NOT DISTURB ROOT BALL WHEN PLANTING OR STAKING 3, WATER THOROUGHLY FOLLOWING PLANTING 4. SET TREE PLUMB. ©CONIFER PLANT DETAIL SET PLANT MATERIAL ORIGINAL DEPTH, CUT TIES AND FOLD BACK BURLAP FROM UPPER 1/3 OF ROOT REMOVE ALL PLASTIC AND TWINE. REMOVE MUCH OF WIRE BAS ET AS POSSIBLE. WIND AT ALL BALL. AS #4 REBAR (2) PER TREE HT. TO BE TO HT. OF LOWEST BRANCHES OR MIN 5' -0" PLACE STAKES IN LINE WITH PREVAILING I WIND. 1/2" REINFORCED RUBBER HOSE (BLACK) & 12 GA. GALV. WIRE. TWIST TO TIGHTEN TREE WRAP (STREET TREES ONLY) SPECIFIED MULCH (KEEP MULCH 3" Kappler Architects P.S. 14311 SE 16th ST. Bellevue, Washington 98007 (425) 641 -5320 * Fax (425) 641 -5318 '' o FROM TREE TRUNK)(MULCH STREET SPECS ONLY) SPECIFIED PLANTING SOIL MIX AND FERTILIZER. COMPACTED MOUND TO SUPPORT TREE WHILE BACKFILLING 3" HIGH WATER BASIN ... =11 =1 - • • •_- I' -1I- • • 1 11= - II -.' -U -' - ' SCARIFY SIDES & BOTTOM OF II =U =iI - . PLANTING PIT. 11- EXISTING SUBGRADE POCKETS TO FORM WHEN BACKFILLING BALL WHEN PLANTING OR STAKING FOLLOWING PLANTING PLANT DETAIL " FINISHED 1=t1=1- -I1- AOGRADE ? 43 10 I n - 11 -1 11 - - 1 - 11=11 1 \ ' =11 I:=I -I 11 -'I =1 = u =. ' _— _ =1 =II- 11 =11= 11- 11- 11- 11 -11= 1 _ 11-11 =u =- 1-11 2x ROOTBALL DIAMETER, MIN. 1 NOTES: 1, DO NOT ALLOW AIR 2. DO NOT DISTURB ROOT 3. WATER THOROUGHLY 4. 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Ar l_% !_I Rrzik t—T" •LOT• # ;i&° PLAN LOT I E I964B LOT 2 H 1964A LOT 3 D 2119 LOT 4 D 2246 LOT 5 C 2108 LOT 6 C 2108 LOT 7 C 2246 LOT 8 C 2108 LOT 9 C 2108 LOT 10 D 2246 LOT 11 D 2108 LOT 12 H 1568A LOT 13 D • 2108 LOT 14 D 2108 LOT 1S D 2108 LOT 16 D 2108 LOT 17 G 2246 LOT 18 G 2060 LOT 19 F 2119 LOT 20 0 2060 LOT # ERD W PLAN CURIIENT PLAN LOT 21 D 2119 LOT 22 D 2060 LOT 23 B 1568A LOT 24 H 1568B LOT 25 H 1568A LOT 26 H 1568B LOT 27 H 1964A LOT 28 H 1964B LOT 29 H 1964B LOT 30 H 1964A LOT 31 D 2060 LOT 32 G 2119 LOT 33 G 2060 LOT 34 F 2119 LOT 35 A I964B LOT 36 A 1964A LOT 37 A 1964» LOT 38 A I964A LOT 39 A 1964E LOT 40 A 1964A HOME PLAN COMPARISON MATRIX Q PER ATTACHMENT' OP THE PIA SUlMITTAL DATED 07118193 Ifidt- ON 6 L 4 nwewornur- n► /Rrcc/oY) TRACT "A" 0 20 40 !PLAN w/ BLD FOOTPRINTS( ■ 4crAliE 80 Sl • ;,i }1 t- b \ II .. L t. �iliif1111l11i 1i11111iu111111i1111ui111111�111iljlllllLil1IIIiIIIII{ UIIIIIIIl111IlIIII�IIIIIIIII {IIIIIIf11{ 1111.1 11111111,1111111111 i>.111,111,1i111: ARCHITECTUAL SITE PLAN FOSTERVIEW PLAT TITLE JOB NQ: 990fl SHEET 160 • il. ILLUSTRATIVE J FOSTERVIEW ESTATES HOUSE 'A' LOTS 36 -41 LEFT SIDE ELEVATION RIGHT SIDE ELEVATION ENTRY ELEVATION REAR ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCOTE AVAILABLE li 1,924 sq.ft. (APPROXIMATE) FAULT ROOM IXKINd ROOK r - / -. •••••-• 1 2 CAR CAVCE 2nd FLOOR PLAN 1 st FLOOR PLAN .. BASEMENT PLAN 111iii) iiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1 i illllftlt�111(.11uiiin) i 111i liiil: -. i.. » •r-% r,- ,- r- Side Elevation Rear Elevation L'i'iOOIB Side Elevation DUJARDIN PLAN #1964A FOSTERVIEW ESTATES 1 OCR Opt. Rea Rm. lP0'xll'i' Garage WPM MOM= NORMS Office ll'0'xl2'0' Lower Floor Plan 32'•0' O en mace: Kitchen %��.�fl • r.iri Dining Irrx10'OT Family 154'x12 It UT �+1M111/IIIIUiiI Porch , Living Foyer % 120•x11 ODIMISIT MIOMTN IOMO ire DM UP man MEE NEM MUNE IIIIIIIIIR 1 11111 Main Floor Plan �Ij' Illlllllllll�llll�llll�lllllllll�, Illllllll�, illlllllj�lllll llll�lll' I�IIII�I! Illllll�lllllllll�lllllllll�lllllllljllllllllll .Illllljllllllllllllllllll1_ SQUARE FOOTAGE MAIN FLOOR 864 SF UPPER FLOOR 854 SF BASEMENT 378 SF TOTAL GARAGE DECK / PATIO 2096 SF 497 SF 192 SF SO11ANE POOTAGE IS HEMMED TO THE OUTRIDE PACE CP IU.LLLA STAIRS AID IN TO ELW1 MACES ANDARYEO ARE NOT NCLLGEO N CALCULATIONS. DRAWING INDEX AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS EL MAIN ELECTRICAL E2. UPPER ELECTRICAL DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE 11 r, rnr' r' irlrl 11111 „'I 11111 1h.111'II ©o Mleff tumour= most WPM wwren P rat Upper Floor Plan z 8 m L9 o a 8 LL w It- o 4 .c v) N X39 e. L11 a Q. ,CCI TELE JOB NO 99E21 9 EET H1 9908321 L%J-0b15 FOSTERVJEW ESTATES HOUSE `B` LOT 2s LEFT SIDE ELEVATION RIGHT SIDE ELEVATION ENTRY ELEVATION REAR ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCOTE AVAILABLE L J BASEMENT PLAN 2,085 sq.ft. (APPROXIMATE) L%tIR ROOM 1QG jr 2 CM GOUGE 11111111 II 1 tom! ec113:01+ r2 L 1st FLOOR PLAN 2nd FLOOR PLAN ATTACHMENT B5 ., �i Kl� .. �,,..1niiI11' fit! t '::; i1 air.. , ..A tl)1 IMi88i14Mp11Ql»Mt186 - "�18(tiHltlt.. .4���AtuYAuu�y {may/ ��_ _ wa {.Rills... mut .�� �t "� ���tittlleitlt� nx►�� IB1B11 ■E raw ■! �. I�� 111111..11111 ka=1 �� ■� r�i��i� 1111 ��N H rii� i MI►1.. 188111101 11110401 l0011llkitl111 �anNnirineapraiH 5u1 �i IM404i1MQM8 411101MAfiN11400 1 IH801108• 101•1MIfJ811tisdl llR4 `•• I01301M 1101 18i0018Y 011011 M01108WI1dII 00811 .01<IW1xtlMeefurniM hn. 1U11M4HIOk40141 111I1 •141111M301100144Mi104111 18301181110 41 illg1I1111f�i tm FittYlil/ 01111411IMl(IMlll ltlHil 101118 U�ilifil?llfitl 111,1 1ii1110i�llit — • _ •. ` _ Side Elevation .. 7t. Iil 4111 � ■ICI , - -- .�.�,�. - -- s ,�a is h'��: ► 1 =- 1111- l�l®I- 11111117. l011nlmm� :r "�1I1 • Zlintill111.111111111111MSIMIN li"t� DUJARDIN PLAN #2246 FOSTERVIEW Rear Elevation I1111111111111 I 1A0001b Side Elevation IIIIIIIIVIIillih Lower Floor Plan G 0 h 8'•4. Deck FaomS Dining 129'x129 Kitchen E ?ntt1 Living 15'6'x11'2' Garagy�e 23'?x2�0' En Porch Q a Main Floor Plan O Inch '• 5 Y.t+rrii 'rr* 1110111.11 illi.Iii1111 1 111 1i illliil1iluliilll-Illll11 11lllllllll1lllllllll1lllllllil1llllllll6lllli1llillll11 1 1 11 i111i1il1 1i1iiiiliill DRAWING INDEX AL CODE NOTES SQUARE FOOTAGE A21 FOUNDATION & LOWER FLOOR PLAN MAIN FLOOR UPPER FLOOR UNR BASEMENT 995 SF 1251 SF 974 SF TOTAL 2246 SF GARAGE 510 SF DECK / PATIO 138 SF ISCLIARE FOOTAGE Ie • AIMD TO TAE CUTIYDE PACE Or YMLL6. STAIRS A{E! C9I4T P,ONGE 11 Ce.'424 4.TIa 4& Orl 4 A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. MAIN ROOF PLAN AS. ELEVATIONS & BUILDING SECTIONS EL LOWER ELECTRICAL E2. MAIN ELECTRICAL DI. STANDARD DETAILS D2. STANDARD DETAILS SI. LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Bdrm #3 12'•0'.117 0 merman Lartaimo WOW .MT\/I...OGI.T. NO.1IC71 Upper Floor Plan z Z51 CO CO LO .2? C3 tit:o co co • a) TE .ce In: CCCloa H2 9909022 FOSTERVIEW ESTATES HOUSE 'C' LOTS 6 -10 LEFT SIDE ELEVATION RIGHT SIDE ELEVATION ENTRY ELEVATION REAR ELEVATION TYP!CAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCOTE AVAILABLE 2nd FLOOR PLAN 1,838 sq.ft. (APPROXIMATE) 1st FLOOR PLAN j jl IIIIfIIIIjIIIIIIIIIIIIIIIIIIIIiIIlL�IIII� .IIIIIIILLIU.IIIIIIII.IIII i.I 1iii 1••i';i'i ii uraxs+m SPACE AH II111 BASEMENT PLAN .; �._\—+ _I JUL 2 8 1993 COMMUNITY DE =LOP.' i`N' *? T A 4"%11_1• WM\ r7- D.= 1• IIIIIIIIIIII111111 IIIIIIIIVIIIIIII I Side Elevati • i : T, 11 : t 1 h :I Mi� 11 iuw�1�1�+�11arullmtlrl� Ilikkaal •.• �I 11 ,I 1111' s T II jg lli . ��ll1i1iiiiiiii10i llEi II !! U.1= �� i�iiii�i■ iiiiii =�IIf111 t1ir m n 111111111111111 11 11 Nrre ,rn; Rear Elevation Et Side Elevation I I I I �I I IiIIU 1 161 I I III 1IIIIIIIMIIIIIIII DUJARDIN DEVELOPMENT CO. PLAN 2108 W/ OFFICE FOSTERVIEW ESTATES Deck Unfinished Storage Lower Floor Plan 32'•O Deck Dining 1S`t xl UP aciFf ., Family INC* • ,iri� Entry 2G3 8__r8 &C Covered Porch • a 0 0 SQUARE FOOTAGE MAIN FLOOR UPPER FLOOR UNF. BASEMENT 931 SF 1171 SF 906 SF TOTAL 2108 SF GARAGE 478 SF DECK 1 PATIO 38 SF 60JARE FOOTAGE 16 MAIMED TO T1E CUTIDE PACE CC WALLA 6TAIR6 ARE COUNTED RICE N C'ALCULAT15616. OPEN TO OELOW 6PACF4. • - GARArlE6 ARE DRAWING INDEX AL CODE NOTES A2J FOUNDATION & LOWER FLOOR PLAN A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DI. STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE M .Bd 3m. Hall NEM MEN MEM MAU 6f- 6f- D11 Office 14'•0x12' -0' Bdrm. #2 Bdrm. #3 I2'-0x10'•3' Utility open Below Main Floor Plan Upper Floor Plan � , 5,.. .. ` � 7 L 1, 0 11 l l f 111 1IIIl 111111111I1111 I 1110111111111�111111 11) 11111111.11111�11111III�II)1I) I. � � i ll U z 2 0 11 A z CA E-443 5 yX w6 Ua �w re pw ri TITLE .,O) 14:1: 5603621 H3 MGM 1,411- OD it FOSTERVIEW ESTATES HOUSE 'D' LOTS 4.5,11,12,14-17,22,23 & LEFT SIDE ELEVATION ENTRY ELEVATION RIGHT SIDE ELEVATION REAR ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCOT AVAILABLE • 1,390 sq.ft.(APPROXIMATE) BASEMENT PLAN r-N , J • JUL 2 8 1993 ry . 1 st FLOOR PLAN ATTACHMENT • Side Elevation Rear Elevation L'I'I-OOIS Side Elevation • O h DUJARDIN PLAN # 2119 FOSTERVIEW 28',41 Patio 10'0'x8'0° Family '0x157 ' 0 Dining 12 '0x11 Kitchen paw Living 1 �i'fii on ■ 11� GS x20-5- 1 lacomma IYIa1m* wesu Porch Main Floor Plan I. 171 : —11 1I'%1:;Y, • .Ij 1111. 1111111{ 111111H {111111111.IHII0ilu111)11i1 11. 111{111fiii►11111.111t11111111{ 1111H.H {111111111 {H1i.11111i111Iui1i! )11111. SQUARE FOOTAGE MAIN FLOOR 964 SF UPPER. FLOOR 1155 SF TOTAL 2119 SF GARAGE 422 SF DECK / PATIO 109 SF scums FOOTAGE 16 MEAIURED TO TUC CUTEIOE FACE OF WALLS. 6TAIR6 ME CANTED ONCE N CALCULATIONS OPEN To DELOU 6PACE6 AND GARAGED ARE NOT INCLUDED N CALCULATIGH6. DRAWING INDEX AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DI STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE M. Bdrm 16'6'x11'6' Bdrm #2 111)N127 r.1 11 11'1 ii •l 11 ■ 11 11 .1 I. Bdrm #3 127x11'0' Office 19'5'x13'1' u C3 Upper Floor Plan co a � CO X 8u. t Si 12 cow W CL TITLE .rob NO: 919121 air H4 9909021 FOSTERVIEW ESTATES HOUSE 'E'. LOT 1 ENTRY ELEVATION RIGHT SIDE ELEVATION L J REAR ELEVATION LEFT SIDE ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCO T E AVAILABLE 1,503 sq.it. (APPROXIMATE) 1st FLOOR PLAN { Mill{ IILII�II IIIfflflil {1111IIIIII�1111�1►.Ii,!illll. Ill. 1LI111111LIIII�IIII�illl�lll ,l�llll 111{III�II i111lllll iil1j i1 iiiailii. 111111111..111,11i1:!! 2nd FLOOR • /` I \.\I1 Side Elevation Rear Elevation [9 I___ --�.�r ► 4$ ,ter ►. 0 ► ► Al : ,,•,_ :1"1 iuiuiu1I1i1..iai .rat:;: ��� I I■■ ■i =: ii.c1.11111141111mma — AMEII= �I= ��a■r■■ioae jimmy _ ill _r ill gall!! 1� %yl '►i►: rug !Id �I' II I rtaiNara Ell .I� - ii3il �,, =! r \ �, ��' �1�. �s 7-7111 :111-11:11.11ffiril I■I■I ®I II ....... IN: P ��`:,�._ _ `q'�� "�`'! /_ .�:: i,' ��'1!� \,� �- ,n.r„� ; -t4li'" ....tiDe:. Side Elevation 15145"318 DUJARDIN PLAN 1568A FOSTERVIEW ESTATES mucous) NCMC Upper Floor Plan SQUARE FOOTAGE MAIN FLOOR 715 SF UPPER FLOOR 853 SF TOTAL 1568 SF GARAGE 450 SF DECK / PATIO 108 SF TUE OUT/SIDE FOOTAGE CCF IY ALLS. ST'AAIiRS A COWTED ONCE IN CALCULATIONS. OPEN TO OELOU SPACES AND GARAGES ARE NOT INCLUDED N CALCULATIONS. 39' -0' DRAWING INDEX AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Patio _ '�1I11■ � @It ,si' Vii. Et c1 t IJl f II, ji)1111 lIIIIIII111111111111111I II IIu1110 10111111111111111111111 imliiii111111111111111 I III 1i1ii61111 + Garage 002../.T R.,.,a,..00AT MO.I.C11 Porch Main Floor Plan .IOS ND: 99=21 S-EET H5 99082.21 1 L'P3-�l8 • FOSTERV1EW ESTATES HOUSE `F' LOTS 20 do 35 LEFT SIDE ELEVATION ENTRY ELEVATION RIGHT SIDE ELEVATION REAR ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE — BRICK WAINSCOTE AVAILABLE 1,449 sq.ft. (APPROXIMATE) L -? 2nd FLOOR PLAN ��I� jli, ll�ili�liin {i►illiiil {Iiiiliiilll_illi iiii�l Iiiilini {i111IIIII {lililliii{1i0111l {lit 1 1� {IH1111�I1lidi,lfll1 [1iil.(�,�I�111ili 1 1 � • OY'Q'O ROW j 1 LYING ROW ri I ill lllI 2 CM WAGE f -i ;_ 1._/ -._. I '1 JUL 2 8 99. 1 st FLOOR PLAN cc)M 11UN1^Y ATTACHMENT B5 . Side Elevation Rear Elevation Side Elevation jt'I' • 0018 l�\ gum ; = ■ ■ ■I ■ ■■i — ,,..rt =- ■■■I■ ■eI -= as mane _111171111111 11:= mum_ .a11 ILO Iuu I itttuii tuIiteit l = IZarl ■ ■%/ c -Ian ■■ ■' DUJARDIN PLAN 15688 FOSTERVIEW ESTATES ©O I1 AIM- .as .0<< .,1P{E11..mp..11d.RA r. Upper Floor Plan l `.';Lb .,.1� �� ti `���,.. . 1 �iliiliiu�ii�liiiil�liilllii��nnliiii�nu !ii' ill. lilll. il{ IIIIIIIII{ IIIIIIIII{► llillill{ IIIIIIII1�► llifll���ii, ,u,�il�.����, '? SQUARE FOOTAGE MAIN FLOOR 722 SF UPPER FLOOR 849 SF TOTAL 1571 SF GARAGE 450 SF DECK / PATIO 43 SF eaJARE FOOTAGE Is t AEWRED TO TWE OJTCDE PACE OF WALLA STAIRS APE COMTE° ONCE IN CALCULATION. OF44 TO BELOW COALED AND GARAGED ARE NOT %CA DED N CALCULATICNA 39'•0' DRAWING INDEX AL CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS DL STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE Patio Nook Kitchen Garage 9QLL PPM 1 ,1. Family Flex. Porch Main Floor Plan 0 L9 Co N. `0 1. m� St i� , m c "_ Cb TRLE oD /4:111 9326222 9-ET H6 , 99082.22 Lqoo',S FOSTERVIEW ESTATES HOUSE 'G" LOTS 18,19,21,33 dt 34 LEFT SIDE ELEVATION ENTRY ELEVATION RIGHT SIDE ELEVATION REAR ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE • — BRICK WAINSCOTE AVAILABLE 1,365 sq.ft. (APPROXIMATE) eccnflou j2 3 or/1 ro eco. litttiililll P, wsrte scam V rl (—O ; 2nd FLOOR PLAN Il llln! lilll illiiiiillin liil�i (I�nii►IJI111�11IllIL IIIIIJIIIIi 1111111 .IIIIII4IIIiiillilllii1611 Jill inlliili OIMMO RCM LMMC ROGil <1 /IIIIIIIIII z GM . VGC r JU1S n J ,U r .. 2. �, :...�:3 1 st FLOOR PLAN ATTACHMENT" • N. 7L S6yF.� ii. u II--- Q� 1'i IIIIHIllI!!= Hi aalfYi • • Side Elevation Rear Elevation Side Elevation L'6145kCI°15 }� - A l l - M t . DUJARDIN PLAN #2060 FOSTERVIEW Main Floor Plan Try-'. !!r* tj V r,; • 1 liill�n��I�nl�iinlin��nulun411�� !�iiIl:�Il�ln.ii i► illiiii�iniliin�niiliin�iuilnn�i lini� {��i�li�n�nuaun,tiffiJ l,1∎ 011. SQUARE FOOTAGE MAIN FLOOR UPPER FLOOR TOTAL GARAGE DECK / PATIO 927 SF 1133 SF 2060 SF 523_SF 43 SF 50.1AFE FOOTAGE IS MEASURED TO T E OJTSIDE FACE 6 UL1LL5. STAIRS ARE OPEN TO CELLOU SPACES DNGATRA ES ARE NOT INCLUDED IN CALCULATIONS. 6 %, DRAWING INDEX Al. CODE NOTES A2. FOUNDATION & MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS El. MAIN ELECTRICAL E2. UPPER ELECTRICAL Dl. STANDARD DETAILS D2. STANDARD DETAILS Si. LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE. M. Bdrm. 15.4'x12'•3' 0 0 M. Bath MN GI Hall Bdrm. #2 13'•4'x10' -4• OK L Bonus Rm. 23'5'x11'10' Bdrm. #3 12'•0'x10'•3' k, rr.y O enl O I I Below ©mnwsR uw..ND w.t .M1lD1,INOO.,U MlpK T1 Upper Floor Plan z 1 TTLE .03 NC• S-EE :H7 99085.22 FOSTERVIEW ESTATES HOUSE •Hli LOTS 2,3,13,25 -31 LEFT SIDE ELEVATION ENTRY ELEVATION cPt' TO RQ.av RIGHT SIDE ELEVATION REAR . ELEVATION TYPICAL ELEVATION — OTHER ROOF ELEVATIONS AVAILABLE • — BRICK WAINSCOTE AVAILABLE 1,970_ sq.ft. (APPROXIMATE) e«OROw 12 L7 . 2nd FLOOR PLAN q'Fc7o( 8 dill. Hi) iiil .IIIIIIIIIIIIjIIIllllllllji1,i i�i iiti i, 111. Il�IIIIIIIfIIiI IIIIIIIIIII.IIIIIIIIIIIIIIII Illilllil 111111111.111111111.1111111(1 III111iiI; • ow►.c Roou L'AMO RCCU icsa.oa k3 1S5.. L____ I`J il !� JUL tArttcer 2 CM CMAC C 1st FLOOR PLAN . BASEMENT PLAN • ATTACHMENT B5 gym— nul .- M� :� 7,7,1 s's, —an Rim ii : fA \II 1 I��,.T17 I•• t7/R ; I : wN�u�111 i1 ��p ma: muippgmaf 61111' 111111' _ Na° 111...11111 hilt �� � •. I I ii t Ih1��. InaMirMita +rr I' �nw t1�li�ii E/BI�1 • t. . -) t.:. + • • • 11 :e 1 L " l . Side Elevation Rear Elevation Side Elevation Lq4_oD16 DUJARDIN PLAN #1964B FOSTERVIEW ESTATES Office 1P0•xll'8• Lower Floor Plan 32'.O IlnnIIIU aumuni amnia Inlinn. Main Floor Plan —NYIEz7fIrvrrre• •• 1 ft i:t . Lt :_,4,11---": ,", 5 t; �:� : L t 1inlllln1in111ui1 inil1111111 i1i11111110111iIIlI111U1110111111111 111\ X11► 11111111111 1111111111111► 111111uill1111luianii {1il1111111li_Itu11l. DRAWING INDEX Al. CODE NOTES A2.1 FOUNDATION & SQUARE FOOTAGE LOWER FLOOR PLAN A2.2 MAIN FLOOR FRAMING A3. MAIN FLOOR PLAN A4. UPPER FLOOR FRAMING AS. UPPER FLOOR PLAN A6. UPPER ROOF FRAMING A7. ELEVATIONS & BUILDING SECTIONS Dl. STANDARD DETAILS D2. STANDARD DETAILS SL LATERAL DETAILS S2. LATERAL DETAILS S3. LATERAL WALL SCHEDULE MAIN FLOOR 878 SF UPPER FLOOR 862 SF BASEMENT 336 SF TOTAL 2076 SF GARAGE 485 SF DECK / PATIO 117 SF =LAW FOOTAGE ID MEASURED TO 1I WTDIDE FACE OF WALLS. STAIRS ARE TLS S MGToo BELOW � CALCULATIONS. OPEN NOT INCLUDED N CALCULATION& • Upper Floor Plan z ti TM-E .se w : ,spa SHEET H8 9908322 DEDICATION KNOW ALL PERSONS BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, HEREBY DECLARE, DEDICATE AND CONVEY TO THE CITY OF TUKWILA FOR THE USE OF THE PUBLIC FOREVER ALL STREETS, WATER, STORM, DRAINAGE AND SANITARY SEWER SYSTEMS LOCATED ON EASEMENTS AND RIGHTS -OF WAY SHOWN THEREON AND THE USE THEREOF FOR ALL PUBLIC PURPOSES, NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC ROADWAY AND UTILITY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND ALLEYS SHOWN HEREON. THIS DEDICATION OF THE PROPOSED PUBLIC ROADWAYS AND UTILITIES IS SUBJECT TO THEIR COMPLETION BY THE DEVELOPER AND THE ACCEPTANCE AND APPROVAL BY THE PUBLIC WORKS DIRECTOR THAT THEY HAVE BEEN COMPLETED BY CITY STANDARDS. IN WITN SS WHEREOF WE HAVE SET OUR HANDS AND SEALS. THIS DAY OF ___..CIJ_ , 2000. DUJARDIN DEVELOPMENT COMPANY, A WASHINGTON CORPORATION aue DAVID M. ALLEGRE, PRESIDE FRONTI ANK IL BY ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON COUNTY OF SNOHOMISH SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT DAVID M. ALLEGRE IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT , ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF DUJARDIN DEVELOPMENT COMPANY, A WASHINGTON CORPORATION TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED. ��°� / "0e NOTARY PUBLIC N AND THE STATE OF WASHINGTON Li hdo. Teresa • (NOTARY NAME TO BE PRINTED) RESIDING AT 5hohor&i 5 k. MY APPOINTMENT EXPIRES 5/1440 3 STATE OF WASHINGTON SS COUNTY OF SNOHOMISH l CERTIFY THAT KNOW OR HAVE SATISFACTORY EVIDENCE THAT /,Y _ jig IS THE P RSON WHO APPEARED BEFORE ME, ' AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT, ON OATH STATED THAT (FT 'SHE WAS A ORIZED T9 EXECUTE THE INSTRUMENT AND ACKNOWLEDGED 7f AS THE _elt'Cd_ Le _ OF FRONTIER BANK TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. !� ;)• KNL'* .'!yY DATED: _ , Zed 01‘ „ !AN " \� 11 N 41p r - cT PU91.LO $' NOTARY PUBLIC IN A D FOR THE STATE 444 /G� �t. (NOTARY NAME TO BE PRINTED) RESIDING AT /e` /" MY APPOINTMENT EXPIRES 6.71-40-140/ OF WASHING .., OF WNW. .SING COUNTY E RER'S CERTIFICATE 1 HEREBY CERTIFY THAT ALL PRO ERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMEN CERTIFIED TO THIS OFFICE FOR COLLECTION; AND THAT ALL SPECOL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE.rROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS, OR FOR OTH R PUBLIC USE ARE PAID IN FULL. THIS .5.144____ DAY OF _. Q , 000. Cirvy [4)lwm2S DIRECTOR r 4 APPROVALS EXAMINED, FOUND TO BE IN CONFORMITY WITH SURVEY DATA, LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF SEWAGE AND WATER SYSTEMS, DRAINAGE SYLTEMS AND OTHER LAND USE. ONTROLS. APPROVED THIS IS ala , DAY OF__�__�_ • 2000. BLIC WORKS DIRE TOR ALL INSTALLED IMPROVEMENTS ARE IN ACCORDANCE WITH THE PRELIMINARY PLAT � `� APPROVAL. THE SUBDIVIDER HAS EXECUTED BOND AGREEMENTS IN ACCORDANCE WITH TMC 17.24.030 TO ASSURE COMPLETION OF REMAINING REQUIRED IMPROVEMENTS ; •f. p .. AND CONSTRUCTION PLANS. 1 1 • * ••. EXAMINED AND APPROVED BY THEE DEPARTMENT OF ASSESSMENT '....3.4;;;,-.0.01,/ ' THIS ��tt_ _ DAY OF _. 2ta , 2000. E dC.St Q/g °e- tM 0444211;r' + k'ASHIN6s KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR LAND SURVEYOR'S CERTIFICATE 1, WILLIAM CONDREY, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PLAT IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR UNDER MY SUPERVISION; THAT THE DISTANCES, AND ANGLE ARE SHOWN THEREON CORRECTLY; AND THAT MONUMENTS HAVE BEET SET AND LOT CORNERS STAKED ON THE GROUND AS DEPICTED ON THE PLAT. WILLIAM CONDREY REGISTERED PROFESSIONAL LAND ;1CIRVEYOR CERTIFICATE NUMBER 14469 4.42y DATE pRELIMINARY PLAT NO. L93 -0014 FINAL PLAT NO. L99 -0018 LIC WORKS IRE CITY OF TUKWILA FINANCE DIRECTOR I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED AS STREETS, ALLEYS OR FOR. OTHER PUBLIC USE AND ARE PAID IN FULL, ON THIS 2� DAY OF __Agog_ L , 2000. R 4764444 FINANCE DIRECTOR APPROVED BY THE C/ OF TUKWILA CITY COUNCIL THIS .121._ DAY OF _ , 2000. MAYOR RECORDING CERTIFICATE fQ 0000 50.5 000 735 FILED FOR RECORD AT THE REQUEST OF THE CITY OF TUKWILA THIS 5 DAY OF , 2000, AT _Y —_ MINUTES PAST1.1.9__42.Q• .M., AND RECORDED IN VOLUME 1 q ti OF PLATS, ON PAGE - fal , RECORDS OF KING COUNTY, WASHINGTON, y!s_I.f W •,s_►�,.tar DEPUTY DIRECTOR, KING COUNTY DEPARTMENT OF RECORDS AND ELECTIONS DIRECTOR, KING COUNTY DEPARTMENT OF RECORDS AND ELECTIONS FOSTERVIEW ESTATES A REPLAT OF A PORTION OF TRACT 67, RIVERSIDE INTERURBAN TRACTS AND AND A PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS IN GL. 2 AND GL. 3 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 15, T. 23 N., R. 4 E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON Rl� R.L. McDUFFY & ASSOCIATES, INC. LAND USE CONSULTANTS ENGINEERS 0 SURVEYORS o PLANNERS • MANAGEMENT 3605 C01BY AVENUE EVERETT,, WASTIINGTON 98201 (425) 258 -4438 FAX (425) 258 -1616 DATE 2/7/00 DWG BY KMC JOB No, 96089 SHT 1 OF ,�,,, ' 0 Inch Sr__- .ul , Li ;Ii;;: - 7jrprrrrrrITrrrirri ":7p • 15 i C 1J L L 1_._ _ o 1 1 1 L.:: r ....L...r..,,I,,,,r,...L,,,r... EASEMENT PROVISION AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ANY PUBLIC UTILITY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EASEMENT AREA PARALLEL. WITH AND ADJOINING THE STREET FRONTAGE AS SHOWN ON MAP PAGE OF ALL LOTS AND TRACTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLES, PIPE, AND WIRES, WATER METERS AND FIRE HYDRANTS WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE AND GAS UTILITY SERVICE, TELEVISION CABLE AND OTHER UTILITY SERVICES TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO UTILITY LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT OR TRACT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. SENSITIVE AREA RESTRICTIONS SENSITIVE AREA TRACTS "A" "B" AND "C" ARE HEW IN COMMON OWNERSHIP BY THE FOSTERWEW HOMEOWNERS ASSOCIATION. ALTERATION OR DISTURBANCE IS PROHIBITED PURSUANT TO TMC CHAPTER 18.45. CALL THE CITY OF TUKWILA FOR MORE INFORMATION. COVENANTS AND RESERVATIONS 1. SUBJECT TO EASEMENT, TERMS AND CONDITIONS FOR TELEPHONE LINE FOR THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AS RECORDED UNDER AUDITOR'S FILE NUMBER 2587212, 2. SUBJECT TO EASEMENT TERMS, CONDITIONS FOR STUB AND ANCHOR FOR THE PACIFIC NORTHWEST BELL TELEPHONE COMPANY AND SEATTLE CITY LIGHT AS RECORDED UNDER AUDITOR'S FILE NUMBER 5960611. SUBJECT TO EASEMENT TERMS, CONDITIONS FOR GAS PIPELINES FOR THE WASHINGTON NATURAL GAS COMPANY AS RECORDED UNDER AUDITOR'S FILE NUMBER 9609040642. 4. SUBJECT TO MAKE NECESSARY SLOPES CUTS OR FILLS UPON PROPERTY AS RECORDED UNDER AUDITOR'S FILE NUMBERS 5558464 AND 5655246. 5. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS CONTAINED IN LOT LINE ADJUSTMENT AS RECORDED UNDER AUDITORS FILE NUMBER 9408080706. 6. SUBJECT TO PROTECTIVE COVENANT RESTRICTION EASEMENTS AND RESERVATIONS FOR FOSTERWEW ESTATES AS RECORDED UNDER AUDITOR'S FILE NUMBER LEGAL DESCRIPTION PARCEL A: PARCEL NO. 152304- 9078 -00 THAT PORTION OF GOVERNMENT LOT Z SECTION 15, TOWNSHIP 2.3 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT; THENCE EASTERLY ALONG THE NORTH LINE THEREOF 586.69 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID GOVERNMENT LOT A DISTANCE OF 586.55 FEET, MORE OR LESS TO, THE NORTH LINE OF THE SOUTH 691.50 FEET OF SAID GOVERNMENT LOT; THENCE WESTERLY ALONG SAID NORTH LINE 140.03 FEET TO THE EAST LINE OF THE WEST 446.67 FEET OF SAID GOVERNMENT LOT; THENCE SOUTHERLY ALONG SAID EAST LINE 7.50 FEET TO THE NORTH LINE OF THE SOUTH 684 FEET OF SAID GOVERNMENT LOT; THENCE WESTERLY ALONG SAID NORTH LINE 143.34 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DEEDED RALPH A. OLSON AND REATHA OLSON BY DEED RECORDED UNDER RECORDING NUMBER 5089251; THENCE SOUTH ALONG THE WEST LINE OF THE SAID DEEDED TRACT A DISTANCE OF 20.00 FEET TO NORTH LINE OF THE SOUTH 664.00 FEET OF SAID GOVERNMENT LOT; THENCE WESTERLY ALONG SAID NORTH LINE 303.34 FEET, MORE OR LESS, TO THE WEST LINE OF SAID GOVERNMENT LOT; THENCE NORTHERLY ALONG SAID WEST LINE 606.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF CONDEMNED FOR F. J. FOLKDAHL ROAD IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 241626; AND EXCEPT THOSE PORTIONS THEREOF DEEDED TO KING COUNTY FOR CHARLES E. ADAMS. ROAD (42ND AVENUE SOUTH) BY DEEDS RECORDED UNDER RECORDING NUMBERS 472354 AND 5558464; (ALSO KNOWN AS PARCEL 8, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L92 -0064, AS RECORDED UNDER RECORDING NUMBER 9408080706). PARCEL B: PARCEL. IV0. 734060 - 1062 -04 THAT PORTION OF TRACK T 67, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF 42ND AVENUE SOUTH, AS DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 5655246; EXCEPT THE EAST 20 FEET THEREOF DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1207877; ALSO EXCEPT THE NORTH 350 FEET THEREOF. PARCEL C: PARCEL 10. 152304-9003-00 THAT PORTION OF GOVERNMENT LOT 3, SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF 42ND AVENUE SOUTH, AS DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 5655246; EXCEPT COUNTY ROADS. PARCEL D: PARCEL NO. 261320- 0151 -08 THAT PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF F.J. FOLKDAHL ROAD (43RD AVENUE SOUTH), AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 241626. (LEGAL DESCRIPTION FROM. PACIFIC NORTHWEST TITLE COMPANY, ORDER NUMBER 333256, DATED SEPTEMBER 24, 1998). EQUIPMENT de PROCEDURES BASIS OP BEARINGS; THE SOUTH LINE OF THE SE 1/4 OF SECTION 15, BETWEEN FOUND MONUMENTS, N87'49'11 "W, AS SHOWN ON ROS UNDER AUDITORS FILE NO. 9005299024. METHOD OP SURVEY; FIELD TRAVERSE OF EXISTING MONUMENTATION ON JULY 1, 1996 INSTRUMENTATION; LIETZ SET .3 ELECTRONIC TOTAL STATION PRECISION; MEETS OR EXCEEDS WAC 332 -130 -090 REQUIREMENTS 195/ 13 VICINITY MAP SCALE: 1 INCH = 2,000 FEET WEST 1/4 MONUMENT w /sTEEL CASE. 16 �N 8747'4VW _. 2642.45' •• A — 62.16'45" R- 40926' L •444.86' TRACT SW CORNER/ ^ 8832'49' W c CC.LEYAS N 6135'28'W D.L. C.NO.37 156.49' J X IN STONE G.L. 3 BOUNDARY CONTROL (NOT TO SCALE) 67 �. PARCELS N 8747'46' W 264327' 15 PARCEL C - 6157'15" R •358.10' L •387.21 r.1,4 2N N ,1260, SOUTH 1/4 CASED CONC. MON. PARCEL A 1111ROS, BOOK 73, PG, 114 -114 A 586.69' 1 N. LINE OF £664' / OF GOV. LOT 2 1► PARCEL A S.137th ST. N. LINE OF S. 684' I OF GOV. LOT 2 14 9 N 87'49 11'W 2637.85'(M) 15 EAST 1/4 CONCRETE MONUMENT FLUSH IN DIRT E. EDGE ROAD SE. CORNER D.L.C. IN CONC MONUMENT — DOWN 0.7' 14 SECTION COR. CASED CONC. MON. 22 23 THIS SURVEY IS BASED ON A RETRACEMENT OF RECORD OF SURVEY AS FILED. IN BOOK 73 OF SURVEYS, PAGE 114 -114 A, RECORDED UNDER AUDITORS FILE NO. 9005299024. INFORMATION SHOWN ABOVE WAS TAKEN FROM THIS R.O.S. AND VERIFIED AS NOTED. PRELIMINARY PLAT NO. L93 -0014 FINAL PLAT NO. L99 -0018 FOSTERVIEW ESTATES A REPLAT OF A PORTION OF TRACT 67, RIVERSIDE INTERURBAN TRACTS AND AND A PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS IN GL. 2 AND GL. 3 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 15, T. 23 N., R. 4 E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON RL 1/%1) R.L. McDUFFY & ASSOCIATES, INC. LAND USE CONSULTANTS ENGINEERS • SURVEYORS • PLANNERS • MANAGEMENT 3605 COLEY AVENUE EWERET , WASHINGTON 98201 (425) 258 -4438 FAX (425) 258 -1616 DATE 2/7/00 DWG BY KMG JOB NO. 96089 SHT 2 OF j 0 Inch, ' ' ill r rrPrrr_I r rT'tT1 r-; i; si lLi- Ci%i�� t r�i:: I F-- 5-- .Q::.._ .z L 1 0 11101 01001nu1nulunl111111111I1111Ilti l•iiI111111liti11iiiiIiiii iiiiliiiiiiiii IIIII11111111111I1I 11111111111111111111111111111II111111111 5 /91/ 617/ 43.93' Li=12'5624" R..379.26' 10' UTILITY ACCESS AND ki (EASEMENT UTILITY ESMT. r< 0.S.E. N 9r- • 0 ID! TABLE t101E. sr SHEET 4 FOR OPEN SPACE EASEMENT LINE AND CURVE TABLES. 1 13,255 SF b 0 OV). er, 4`7674-v,..„, trzem • 9. ' ":11Wi --10, :: 1'1 10,200 SF 2 IZJEZEI PRIVATE DRAINAGE EASEMENT ci*.-145.74--1-5■170 SiE PRIVATE • 1.1•1 N82.•513i..W EASEMENT t1 47.37' le." • L! J EL 2 ••:•: Tr.*: " I N8920'56W \ 70.59' .3 0.S.E. 123' -4 1 69 110.4 .4 1. I IR 50.00' O.S.E. 4 1 61 *Zi `74.5, • / V.spt, 9. , 4 ■?14)P 461tb • . eVe 10, 7. LINE 1 LOT 1 DIRECTION 1 D/STANFE L1 4 S17'41'051' 17.14 L2 4 N19'..36'34E 16.81' L3 5 N35511 .3"IY 14.20' L4 6 N19'4914W 14.99' L5 6 N0723.50W 18.04' L6 7 N3421.31* W 16.47' L7 8 NO3'53'03"E 17.08' 1.8 14 NO71 3'1 7"W 8.80' L9 L10 15 14 N0351'28.'iv N28.37"36W 13.73' ie:ro' • . L11 23 N8837'00E 20.86' 1.12 23 N54'48.58"E 11.21' L13 31 NO528'53"E 18.46' L14 15 N08'36•47"E 20.82" L15 TRACT A N40"01'.30"E 43.68' L16 BOUNDARY N88'.3223W 30.07' L17 BOUNDARY NO127'.3rE 1.48' L18 2 S7119'08E 44.94' 54.03' 46.86' CURVE TABU o. 0 .43 CURVE 1 LOT 1 RADIUS 1 LENGTH iI TANGENT II DELTA CI 26 97.00• 23.96 12.04' 14'0859" C2 3 388.10' 61.59' 30.86' 09'05'31' 0.3 3 10.00' , 14.58' 8.93' 833325" C4 3 214.00 44.43' 22.29' 11'5341" C5 24 20.00' 31.67' 20.26' 9044'10" C6 24 30.00' 46.30' 29.18' 8825'10" C7 21 25.00' 39.27' 25.00' 90'00'00" C8 .30 25.00' 22.62' 12.15' 5150'04" C9 12 19.00 33.16' 22.64 995954 C10 12 60.00' 43.92 22,53 312732 C11 12 29.00' 29.38' 16.09' 58'0312" C12 23 25.00' 54.03' 46.86' 123'5019" C13 19 50.00' 12.94' : 6.51 144939 C14 19 120.00' 17.76' 8.90' 082850" C15 20 19.00' 16.88' 9.04' 505427" C16 TRACT 13 19.00' 11.47' 5.92' 3436'03" C17 24 388.10' 32.81' 16.42 045038" C18 25 388.10' 64.27' 32.21' 092918" C19 26 388.10' 20.45' 10.23' 0.3131'09" C20 40 180.00' 20.32' 10.17' 0628t7' C21 S.1.37714 ST. 200.02' 61.18' 30.83' 173126" C22 22 73.00' 6.53' 3.27' 05'07'42" C23 TRACT A 25.00' 16.65' a65' 3817956" C24 24 174.00' 45.35' 22.80' 14'5556" C25 22 174.00' 9.85' 4.92' 0314'33" C26 BOUNDARY 410.97' 11.82' 5.91' 01.38'52' C27 28 97.00' 22.82 11.46' 1328'41" C28 19 25.00' 22.56' , 12.11' 51 '4223' LEGEND • SET 1/2" X 24" REBAR W/CAIP EMBOSSED R.L. MCDUFFY & ASSOCIATES, INC. R.L.M. 13041 W.C. 14469 ® SET CASED CONC. MON. w/aRiAss DISK 14469 O FOUND REBAR OR IRON PIPE AS DESCRIBED N.V.B. W.U.E. O.S.E. XXXX NATIVE VEGETATION BUFFER WALK/UTILITY EASEMENT OPEN SPACE EASEMENT LOT ADDRESS FOSTERVIEW ESTATES A REPIAT OF A PORTION OF TRACT 67, RIVERSIDE INTERURBAN TRACTS AND AND A PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS IN GL. 2 AND GL. 3 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 15, T. .23 N., R. 4 E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON 4,40(4, 4.4,, • 0 x.% 0 PROPERTY NX.143 ailitaaraiagEW 13*\irek. 4. a ichm: 15' N.V.B. • LOT I LINE 1 OFFSET DISTANCE 3/4 2' 4/5 0' 5/6 10' 6/7 0' 7/8 10' 2' 9 10 2' 10/11 0' 11/12 0' LOT 12 2' 12/11 0' 11 3 10' 1 /I 4 10' 10' 715 /5 16 10' 1 /17 10' 17/18 10' 18/19 10' 19/20 '0' 20/IRACT B 10' 21/22 10' 22/23 10' 24/25 10' 25726 10' 26/27 5' 28/29 10' 29/30 10' 30/TRACT A 12' TRACT A/35 10' 35/36 10' 36/37 10' 37/38 10' 38/38 10' 39/40 10' 40/R.O.W. 10' 1 50.00' 1 714.48' 50.00' O. .E. I °10 S a 'L ; • 4 (r) i 663 I SF 1.1 EL22 QS. • PRVT. SEW. ESMT. N 89 FOUND 5/8 " REBAR L.S. NO. 21599 A.J. HEBRANK 1 20' VACATED ORDIlltpf# NO. 0 $41 1 PRIVATE DRAINAGE & PEDESTRIAN AND PUBLIC UTILITY EASEMENT PRIVATE DRAINAGE EASEMENT 1 „..r.20. 2zg\....t.,_ 1 .S.E. ?. 13 23.56' 1 4211:6J I` 10 627 SF NN 1.4.1 ... +A, N . (25' -.cob • 1 s4 , e ... :?t, v. s':>. v• ,-,,o I 8 _ _?,,_ lc, 4* ,05, La ,z ...u...._ . / . 43 1 v 3C 9_ It . 0,-1 10 /NI" 5 329 SF 423Di si, \-'9 'IP N 41 •16. 4:„, 4 851 SF 1 It6 11 1 ,t1.k . •,-- v `N + .4) ' 43■N 'A' ()C4A Pt IP \ ri 043 \ N.• 13.04' N012 .37"E si.gz R.:2114.( 0 V3.14'213' 412.8 ' g .6•1.88.17•33* G37TH ingest N. 49 • 4,00. i3,63 1:• CV' 7 14.0 ,\ 5' 24 4,Egair VP" \ 1 800. 25 5litma,____050 SF \ \'?,s3 \ 10' WALK/CURB \\ & UTILITY F:SAIT. I , 41, R.L. McDUFFY & ASSOCIATES, INC. LAND USE CONSULTANTS ENGINEERS o SURVEYORS o PLANNERS o MANAGEMENT 3605 COLEY AWNVE MUT, WASHINGTON 98201 (425) 258-4438 FA» (425) 258-1616 DATE 2/7/00 DWG BY KMG JOB N0. 96089 SHT oF • tX, 1 10' UT1UTY ji) EASEMENT 15' N.V.B. • :)•,.• (I) cc: \- • f te: ( ‘2. 23 6,039 SF \ Einfi viS 0 (1. 4; &=.3255'98" • LR:9197.49.7°P L11 V469.33. ta \ • 15. \ PRIVATE SEW. \ ESMT. B. \ 5,073 SF 16 Ma .3,e Nolo 1 s A y 10' UTILITY EASEMENT 1 ■ 0. 0 N20 21 \ \ 6/J SF \ bi120 0'56" W 94' ' • • .• GRAPHIC SCALE 50 0 25 50 100 aagb.23Z1 "70:45. 6,...5/ '09'51" L-44.65' 41121/ 5' W.U.E. i" 490. L■.3Cb.49'4 1.% /ltv 6=39:32'44" ci L=.34.5r 12 ) di 5 078 SF 'sta. tU3EI 6 5' W.U.E. LS=104'52'18" 944j/ \ ,R-73.00' 6' .. L1.33.62' 'N ...... ..•• ..... ---- -- op.4....4:4::11Ciar4C11153.19 -4 **tit Pg 18' R4.14 1 it 28 29 :‘1 5,681 SF I' o .[IMM 1 1 a 40.87' 45.73' 0 0 L15 "Ai ,r 5' W.U.E. 0 tr) .0 20' al 20' TN*. oc) 4? • Ao 'V* '• • 4 18 5 414 SF \ tLEal *. ‘ f4'4w- ::Obr 3 9 .5:2• 6.12 \ VI' N6 ‘06•52 TEP:6,964 SF 0.S.E.v \ i. N • . t A=2517126" I L-21.84' 5 &•••327.145. 157.61 L..28.17 SEVER PRIVATE EASEMENT 18 • 11,325 SF 282J 0145. STORM 4%,49.03. u „1- 19 7,771 SF MSSE 4'6.1 /AR 9,3.. 8' 9' 45 60' DRAINAGE EASEMENT /R/4:•■//1:2. \ (8523307. 00483°81:10121 "'" 8172 m, 21 720 SF J88' le L=r70.17' 46' 84.6.3• 0 g.° 4.1,..112726" R..221.00' L=44.19' N84'56'40. 144 .01 O.S.E. \ 1 INCH = 50 FT 15' PRIVATE DRAINAGE AND SEVER EASEMENT 6.40'00'39" L=71.80' \ R-410.97' ' JO? r 0.S E • ., TRACT B '‘oir 28,267 SF SENSITIVE AREA •s% N87'4828W 133.71' 1.14 17.16' 31 IA 6,387 SF 1: C64' tg) I t NE1387127•4828"W 11...14 EL5 I 7.C4' 32 1 1 31.00' ribs 6365 SF 15. 4 Mil 1 1 39.12' 130.95' N87'4828W IL" 1 0 33 t1-4 1 N86 rffIllH48633:27 837 EL46 CUM 01' 6./85 SF • 34 114.48' PRIVATE UTILITY EASEMENT 0.S.E. 7.50' z EL 40 O.S.E. .S.E. 273.37' 21.43' PRELIMINARY PLAT NO. L93-0014 FINAL PLAT NO. 199-0018 46.75'3511" L• .738.78 800,, •,) -4F "Lg STRUT •oo• 5' W.U.E. 181.00' P.) .h. • <1.4 657.664 SF 4,593 SF .939,6 ICM33 37 58.89' N87'4828W 81- 20.00' NW 27'37"E 50.69' 7•155.87' r 13' N872326W 175.44' TRACT A SENSITIVE AREA 77,027 SF 143.37' =221.0 • ' 413 44 :0 11. 38 4,521 SF GafEn 47.33' 7.50' NO127'37"E N87 48'28W FOUND r• ALUM. DISK W/X LSWA 21599 A.J. HEBRANK N138:32'49"W 73.83' TRACT C SENSITIVE AREA • 4,193 SF 0 •to \ 10' UTILITY EASEMENT 6...20•50'23" L-149.48' R.410.97' 1 A=1021'45" I R=220.00' 1 L=39.79' 0 oi 03 r • 40 z 4.780 SF 47 %WE 147517 83.37' FOUND REBAR NO CAP //0 00' N874828* W 0,6 30' '6 11:2 I MON. IS 1.48' SOUTH OF P.C. OF ROAD CURVE C26 )L16 ••••(- L17 P.) ▪ 30' N 012r3r E 0 0 cs, • Cl tit I g L 1 0 1 1 . 1 • 1 , 1 CONDITIONS 1. CONSTRUCTION OF INDIVIDUAL HOMES, INCLUDING THEIR FOOTINGS, FOUNDATIONS, ETC. MUST BE ACCOMPLISHED IN ACCORDANCE WITH THE APPROVED HOUSE DEVELOPMENT PLAN. 2. THE HOUSE DEVELOPMENT PLAN OUTLINES 10 AREAS. EACH AREA IS TO BE DEVELOPED IN THE CORRESPONDING CONSTRUCTION PHASE. HOUSE DEVELOPMENT PLAN AREA /PHASE KEY AREA LOT # PHASE 1 LOT 1 A LOT 2 LOT 3 LOT4 2 LOT 5 B LOT 6 LOT 7 LOT8 LOT 9 LOT 10 LOT 11 LOT 12 3 LOT 13 A LOT 14 LOT 15 LOT 16 LOT 17 4 LOT 18 C LOT 19 LOT 20 AREA LOT # PHASE 5 LOT 21 B LOT 22 LOT 23 6 LOT 24 C LOT 25 LOT 26 7 LOT 27 0 LOT 28 LOT 29 LOT 30 LOT .31 8 LOT .32 A LOT 33 LOT 34 9 LOT 35 C LOT 36 LOT 37 LOT 38 LOT 39 10 LOT 40 D 3. THE CONSTRUCTION PHASES SHALL BE DEVELOPED PER THE GEOTECHNICAL RECOMMENDATIONS OF TERRA ASSOCIATES OR ANOTHER CITY APPROVED GEOTECHNICAL- ENGINEERING FIRM. 4. THESE GEOTECHNICAL RECOMMENDATIONS ARE TO BE INCLUDED AS PART OF THE SUBMITTAL FOR EACH OF THE SINGLE FAMILY HOME PERMITS; ON A LOT BY LOT BASIS GROUPED IN CONSTRUCTION PHASES. 5. THESE RECOMMENDATIONS ARE' TO INCLUDE SPECIFICS FOR: A. TEMPORARY EXCAVATION RECOMMENDATIONS BY PHASE TO ALLOW FOR THE IMPLEMENTATION • OF HOUSE FOOTINGS, FOUNDATIONS AND SLABS. B. CONSTRUCTION AREA AND PHASE MITIGATION MEASURES FOR SOIL STABILITY AND EROSION CONTROL BEFORE AND DURING HOUSE CONSTRUCTION. C. GEOTECHNICAL REQUIREMENTS NEEDED TO ALLOW THE IMPLEMENTATION OF THE NEXT HOUSE CONSTRUCTION PHASE. D. CONSTRUCTION DESIGN PERIMETERS ON A LOT BY LOT BASIS. E. FOR LOTS 21 THROUGH $4, THE UNSUITABLE FILL MATERIAL SHALL BE OVER EXCAVATED DURING CONSTRUCTION OF FOUNDATIONS, FOOTINGS, AND FLOOR SLABS. ADDITIONALLY, THERE WILL BE LIMITED EXCAVATION AND REMOVAL OF THE UNSUITABLE SOIL DURING DRIVEWAY CONSTRUCTION. F. FOR LOTS 35 THROUGH 40, THE SLOPE FOR THE "UPPER PORTION" (SOUTH END) OF EACH LOT WILL BE FLATTENED DURING LOT DEVELOPMENT TO ACHIEVE AN INCLINATION OF 2.5: 1. ANOTHER ACCEPTABLE OPTION IS TO PROVIDE A CANTILEVERED CONCRETE 01? MECHANICALLY STABILIZED EARTH RETAINING WALL. LOWER PORTIONS (NORTH END) OF THE LOTS WILL HAVE THEIR SLOPE PROBLEMS CORRECTED DURING LOT DEVELOPMENT. 6. 17-1E APPLICANT IS TO INCLUDE, AS PART OF THEIR SINGLE FAMILY HOME PERMIT, THESE GEOTECHNICAL RECOMMENDATIONS AS WELL AS A LETTER FROM THE GEOTECHNICAL ENGINEER THAT CERTIFIES ON A LOT BY LOT BASIS, GROUPED IN PHASES, THAT THE HOME, FOOTING AND FOUNDA710N DESIGN ADDRESS AND FULFILLS THEIR GEOTECHNICAL RECOMMENDATIONS. PRELIMINARY PLAT NO. L93 -0014 FINAL PLAT NO. L99 -0018 7. DURING CONSTRUCTION, THE GEOTECHNICAL ENGINEER IS TO OBSERVE THE IMPLEMENTATION OF THE HOUSE DEVELOPMENT PLAN. FIELD REPORTS ARE TO BE SUBMITTED TO THE CITY AND TO INCLUDE: A. TEMPORARY EXCAVATIONS FOR CONSTRUCTION PHASES AND MITIGATION MEASURES. B. IMPLEMENTATIONS OF' FOO77NGS, FOUNDATIONS, RETAINING WALLS AND FLOOR SLAB AND DRIVEWAY PLACEMENT ACCORDING TO THE GEOTECHNICAL RECOMMENDATIONS. C. BACK FlLL AND PREPARATION OF IMPLEMENTATION TO A ADJACENT CONSTRUCTION PHASES ACCORDING TO THE GEOTECHNICAL RECOMMENDATIONS. 8. • THE GEOTECHNICAL ENGINEER IS TO PROVIDE CER17F7CATION ON A LOT BY LOT BASIS THAT THE WORK HAS BEEN ACCOMPLISHED IN ACCORDANCE WITH THE GEOTECHNICAL RECOMMENDATIONS. 9. EACH OWNER IN ITS PURCHASE OF A LOT, HEREBY ACKNOWLEDGES THAT THE PLAT OF FOSTERWEW ESTATES, AS APPROVED BY THE CITY OF TUKWILA, CONTAINS AREAS CONSIS77NG OF STEEP SLOPES. EACH OWNER HEREBY RELEASES THE CITY OF TUKWILA AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, ATTORNEYS' AND EXPERTS FEES OR PROPERTY DAMAGE ARISING FROM THE PRESENCE OF STEEP SLOPES WITHIN THE PLAT; PROVIDED, THAT THIS RELEASE SHALL NOT APPLY TO CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS, ATTORNEYS' AND EXPERTS' FEES AND PROPERTY DAMAGE RESULTING, FROM THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE CITY OF TUKWILA, ITS OFFICERS, AGENTS AND EMPLOYEES. CITY OF SEATTLE UTILITY EASEMENT P.M. #230415 -1 -011 THIS EASEMENT GRANTS TO THE CITY OF SEATTLE (HEREAFTER REFERRED TO AS GRANTEE), ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO INSTALL, CONSTRUCT, ERECT, ALTER, IMPROVE, REPAIR, ENERGIZE, OPERATE AND MAINTAIN ELECTRIC UNDERGROUND DISTRIBUTION FACILITIES, TRANSFORMERS, DUCTS, VAULTS, MANHOLES, CABINETS, CONTAINERS, CONDUITS, WIRES AND OTHER NECESSARY OR CONVENIENT APPURTENANCES TO MAKE SAID UNDERGROUND AN INTEGRATED ELECTRIC SYSTEM. ALL SUCI ' ELECTRIC SYSTEM IS TO BE LOCATED ACROSS, OVER, UPON AND UNDER THE FOLLOWING DESCRIBED LANDS AND PREMISES SITUATED IN THE COUNTY OF' KING, STATE OF WASHINGTON, TO WIT; THOSE AREAS HEREIN WITHIN THE PLAT OF FOS7ERVIEW ESTATES DESIGNATED AS "UTILITY EASEMENTS AND /OR ACCESS AND UTILITY EASEMENTS ". TOGETHER WITH THE RIGHT AT ALL TIMES TO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, OF INGRESS TO AND EGRESS FROM SAID LANDS ACROSS ADJACENT LANDS ABUTTING THE DESCRIBED EASEMENT AREA FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, REPAIRING, RENEWING, ALTERING, CHANGING, PATROLLING, ENERGIZING AND OPERATING SAID ELECTRIC SYSTEM, AND THE RIGHT AT ANY TIME TO REMOVE ALL OR ANY PART OF SAID ELECTRIC SYSTEM FROM SAID LANDS. ALSO THE RIGHT TO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, AT ALL TIMES TO CUT AND TRIM BRUSH, TREES OR OTHER PLANTS STANDING OR GROWING UPON SAID LANDS OR ADJACENT LANDS WHICH, IN THE OPINION OF THE GRANTEE, INTERFERE: MTH THE MAINTENANCE OR OPERATION OF THE SYSTEM, OR CONSTITUTE' A MENACE OR DANGER TO SAID ELECTRIC SYSTEM. IT IS FURTHER COVENANTED AND AGREED THAT NO STRUCTURE OR FIRE HAZARDS WILL BE ERECTED OR PERMITTED WITHIN THE ABOVE DESCRIBED EASEMENT AREA WITHOUT PRIOR WRITTEN APPROVAL FROM THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, THAT NO DIGGING WILL BE DONE OR PERMITTED WITHIN THE EASEMENT AREA WHICH WILL IN ANY MANNER DISTURB THE FACILITIES OR THEIR SOLIDITY OR UNEARTH ANY PORTION THEREOF; AND THAT NO BLASTING OR DISCHARGE OF ANY EXPLOSIVES WILL BE PERMITTED WITHIN FIFTY (50) FEET OF SAID LINES AND APPURTENANCES. THE CITY OF SEATTLE IS TO BE' RESPONSIBLE, AS PROVIDED BY LAW, FOR ANY DAMAGE IN THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAID ELECTRIC SYSTEM ACROSS, OVER, UPON AND UNDER 171E PROPERTY GRANTED IN THIS EASEMENT OR ADJACENT LAND THERETO. THE RIGHTS, TITLE, PRIVILEGES AND AUTHORITY HEREBY GRANTED SHALL CONTINUE AND BE IN FORCE UNTIL SUCH TIME AS THE GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL PERMANENTLY REMOVE SAID POLES, WIRES AND APPURTENANCES FROM SAID LANDS OR SHALL OTHERWISE PERMANENTLY ABANDON SAID ELECTRIC SYSTEM, AT WHICH TIME ALL SUCH RIGHTS, TITLE, PRIVILEGES AND AUTHORITY HEREBY GRANTED SHALL TERMINATE OPEN SPACE EASEMENT LINE TABLE LINE 1 DIRECTION I DISTANCE ELT N89'5954'W 40.25' EL2 NO039'04 "E 10.13' EL3 N8959'54 "W 58.26' £L4 N73 41'17'W 102.70' EL5 N7341'17'W 2.62' EL6 N1936'34 "E 4.56' EL7 N8778 54 "E 51.21' EL8 N09'07'32 E 72.44' EL9 N57'20'04E 27.23' EL10 N8373'46'E 29.05' EL11 N1325.57 "E 22.55' EL12 N89'36'14 "W 46.42' EL13 N14'09'.36 "E 35.05' EL14 N8816'09 "W 4Z06' EL15 N8816'09 "W 5.12' EL16 N16'53'05"E 32.00' EL17 N21'0'45E 25.84' EL18 N8240'23 "W 14.86' EL19 N72'4147"E 20.92' EL20 N5202'47 "W 32.09' EL21 N5202`47 "W 28.92' EL22 N8970 56 "W 26.97' EL23 N8920'56 "W 24.39' EL24 N8920 56 "W 16.55' EL25 N60 4136E 52.67' £1.26 NOO 00'00"E 9.61' EL27 N8920'56'W 33.40' EL28 S751.39.14 "E 45.91' EL29 N68 32'39 E 22.42' EL30 N19 38 54 "W 38.71' EL31 N3255'12 "W 33.44' EL32 N85 22 57 "W 49.06' EL33 N515735 "E 18.82' EL34 N0845'04 "E 22.04' EL35 N4108'35 "W 22.68' EL36 NO2 32'46 "W 21.13' EL37 N6453 41 "W 60.03' EL38 N0232'46 "W 19.88' EL39 N38'05'34 "E 23.66' EL40 N6453 41 "W 41.66' EL41 N3805'34 "E 16.16' EL42 N7429 41 E 26.99' EL43 N0356 32 "W 31.75' EL44 N345932 "E 25.95' EL45 N0879'49 E 15.18' EL46 N26 35'42 "W 14.93' EL47 NO2 4434 "E 17.08' EL48 N3505 21 E 21.05' EL49 N22'42'40"E 16.28' EL50 N87 48'28 "W 20.74' EL51 N87'48'28 "W 10.83' EL52 N87 48 28'W 2.57' EL53 N0137'43"E 50.00' EL54 N355757"W 74.34' EL55 S5357'15 "E 80.93' OPEN SPACE EASEMENT CURVE TABLE l9y 65 CURVE 1 RADIUS 1 LENGTH 1 DELTA EC? 53.11' 5793' 62'29'43" EC2 47.00' 1723' 2059'52" EC3 33.27' 36.25' 6225'18" EC4 20.00' 49.81' 142'41'51" FOSTERVIEfl ESTATES A REPLAT OF A PORTION OF TRACT 67, RIVERSIDE INTERURBAN TRACTS AND AND A PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS IN GL. 2 AND GL. 3 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 15, T. 23 N., R. 4 E., W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON RL I%) R.L. McDUFFY & ASSOCIATES, INC. LAND USE CONSULTANTS ENGINEERS • SURVEYORS • PLANNERS • MANAGEMENT 3605 CO1BY AVENUE EWRETT, WASHINGTON 98201 (425) 258 -4438 FAX (425) 258 -1616 DATE 2/7/00 DWG BY KMG doe Na 96089 SHT 4 OF 4 • Iii iI11111iiiiiii iIiiiilii111iiiiliiii 11111111iiiiii1I1111III11111111111IIiilili11111111iiI111111I1111111II1111111IIl 1111IIII11iiiiii ii1iiillillll